The bill allows a person who has a right, privilege, or immunity secured by the Colorado constitution that is infringed upon to bring a civil action for the violation. The attorney general can also bring an action under the same circumstances. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses to the civil action. The civil action has a two-year statute of limitations. The bill requires a public entity to indemnify its public employees in a claim unless the employee is convicted of a crime related to the claim.(Note: This summary applies to this bill as introduced.)
The bill requires each entity of the state government; each entity of the government of each city, county, and city and county; and special districts, school districts, and institutions of higher education (governmental entity) that encrypts all of its radio communications to enact an encryption policy. An encryption policy must include access to unencrypted radio communications by members of the media and standards that prevent the governmental entity from imposing unreasonable and burdensome limitations on access to radio communications. When enacting an encryption policy, a governmental entity must consider including in the policy access to unencrypted radio communications for the general public through alternative means, such as delayed online transmission. Prior to enacting an encryption policy, a governmental entity must seek input from members of the Colorado media and the general public.(Note: This summary applies to this bill as introduced.)
Current law does not specify times at which the Colorado department of transportation (CDOT) must be prepared to conduct and actually conduct snow removal operations on state highways. CDOT's current practice, with some exceptions, is to conduct snow removal operations on state highways that have average daily traffic of less than 1,000 vehicles per day only between the hours of 5 a.m. to 7 p.m. The bill requires CDOT to: Be prepared to conduct snow removal operations between the hours of 4 a.m. and 10 p.m. on every state highway where a winter storm watch issued by the national weather service is in effect; and Conduct snow removal operations between the hours of 4 a.m. and 10 p.m. on every state highway located where a winter storm warning issued by the national weather service is in effect.(Note: This summary applies to this bill as introduced.)
The bill defines what a battery-charged fence is and limits the extent to which a local government can impose requirements relating to the installation or use of a battery-charged fence. (Note: This summary applies to this bill as introduced.)
For 5 income tax years beginning with the current one, the bill creates an income tax credit for a taxpayer who makes a donation to a Colorado-based nonprofit organization whose purpose is to eradicate human trafficking or to a nonprofit organization that provides at least 25% of its services in the state for victims of human trafficking. The amount of the credit is equal to 25% of the taxpayer's monetary donation to the qualifying nonprofit and is in addition to any federal income tax deduction the taxpayer may claim. The maximum credit a taxpayer may claim for an income tax year is $100,000. The credit is not refundable, but a taxpayer may carry forward unused credits for up to 5 years.(Note: This summary applies to this bill as introduced.)
Investor-owned Utility Review Interim Study Committee. To ensure consistent funding of energy efficiency improvement programs, including the state weatherization assistance program, the bill establishes a formula by which the general assembly will authorize the state treasurer to transfer money from the general fund to the Colorado energy office low-income energy assistance fund or the energy outreach Colorado low-income energy assistance fund for use for energy efficiency improvement programs if, in a given year, an amount less than $1 million is transferred from the severance tax operational fund to the Colorado energy office low-income energy assistance fund or the energy outreach Colorado low-income energy assistance fund. The formula calls for a transfer of money from the general fund in an amount equal to 75% of the difference between the amount transferred from the severance tax operational fund to one of the funds and $1 million.(Note: This summary applies to this bill as introduced.)
Current law provides that a period of nonuse of a portion of a water right is tolled, and no intent to discontinue permanent use is found for purposes of determining an abandonment of a water right, for the duration that the nonuse of the water right by its owner is a result of any of certain conditions. The bill adds a condition that applies when the nonuse of a portion of a water right is a result of the implementation of efficiency improvement projects or methods that result in a reduction of the amount of water diverted for the decreed beneficial use. In such case: For the period of nonuse to be tolled, the owner of the water right must submit written notice of the efficiency improvement project or method to the division engineer, on a form prescribed by the division engineer, within one year of the date that the efficiency improvement project or method is first implemented; and The nonuse of the portion of the water right is tolled for a maximum of 20 years.(Note: This summary applies to this bill as introduced.)
Current law allows the director of the oil and gas conservation commission to delay the final determination regarding an oil and gas permit application pursuant to specified objective criteria. The bill repeals this authority and specifies that if a local government that has so-called "House Bill 1041 authority" approves an oil and gas application, the commission or director shall approve the application for a permit to drill.(Note: This summary applies to this bill as introduced.)
The bill requires a retail community pharmacy, as defined in the bill, to make a prescription reader available to each individual who is blind or visually impaired to whom the pharmacy dispenses a prescription drug.(Note: This summary applies to this bill as introduced.)
The bill prohibits a court from issuing a warrant for failing to appear at a scheduled court appearance for 72 hours after the missed appearance. If the defendant presents himself or herself to the court during the 72-hour period, the court shall not issue a warrant. (Note: This summary applies to this bill as introduced.)
In response to the growing popularity of series limited liability companies (series LLCs) in the United States, in 2017 the Uniform Law Commission promulgated the "Uniform Protected Series Act" (UPSA or Act). The bill enacts the UPSA, effective January 1, 2021. Subpart 1 contains general provisions. The UPSA uses the term "protected series" to highlight the internal liability shields that are a defining characteristic of the Act, and to avoid confusion with the term "series", which is often used to refer to classes of interests in business entities that do not affect liabilities to third parties. If the requirements of the UPSA are satisfied, then assets of one protected series (referred to as "associated assets") are not available to satisfy claims of creditors of the LLC or of other protected series of the series LLC. Subpart 2 explains how to establish a protected series. Subpart 3 includes the record-keeping requirements that must be satisfied for an asset to qualify as an "associated asset" under the Act. Subpart 3 also provides rules for associating members with a protected series and addresses series transferable interests, management, and nonassociated members' rights to information. Subpart 4 covers limitations on liability and enforcement of claims. The Act provides 2 types of liability shields: Vertical and horizontal. The traditional vertical shield protects equity holders and managers from status-based liability for an organization's obligations. The horizontal shield protects a protected series of a series LLC and its associated assets from liability for the debts, obligations, and other liabilities of the company or of another protected series of the company. A creditor may enforce a judgment against another protected series of a series LLC by pursuing assets owned by the company or by another protected series of the company if the UPSA's requirements are not satisfied for these other assets (or "nonassociated assets"). Subpart 5 addresses grounds for dissolution and provisions for winding up. Subpart 6 includes restrictions on mergers and other entity transactions involving series LLCs and protected series. Subpart 7 addresses foreign protected series. Subpart 8 addresses transitional issues. (Note: This summary applies to this bill as introduced.)
Under current law, 50% of the first $200,000 of actual value of the owner-occupied primary residence of a qualifying senior or a qualifying disabled veteran is exempt from property taxation. The bill increases the $200,000 to $435,000 for the 2020 property tax year to account for the increase in the average actual value of residential real property, excluding new residential construction when initially constructed, in the state from January 1, 2002, when the exemption for qualifying seniors first took effect, through December 31, 2019. Thereafter, the bill annually increases or decreases the amount of actual value of which 50% is exempt by a percentage equal to the percentage change in the average actual value of residential real property, excluding new construction when initially constructed, in the state, as determined by the state property tax administrator.(Note: This summary applies to this bill as introduced.)
