The act implements the recommendations of the department of regulatory agencies in its sunset review of the regulation of private investigators by continuing the regulation for 5 years, until September 1, 2025. (Note: This summary applies to this bill as enacted.)
Preexisting law requires motor vehicle and powersports dealers, salespersons, buyer agents, wholesale auction dealers, business disposers, and wholesalers to have bonds to compensate people for fraud or a violation of the motor vehicle dealer statutes if the violation is designated as recoverable by the motor vehicle dealer board. The act requires the violation to be related to fraud in order for a person to recover from the bond. A person may recover from a bond in an action if the board issues a final agency order with a finding of fraud. (Note: This summary applies to this bill as enacted.)
Current law creates demonstration plates that a motor vehicle dealership may use without registering the motor vehicle. The bill authorizes these plates to be used when the motor vehicle is: Offered for sale by the dealer on the dealer's property; Driven by a prospective buyer for demonstration-drive purposes during normal business hours; Driven by a prospective buyer for demonstration-drive purposes outside of normal business hours if the prospective buyer has a letter from the dealer authorizing the buyer to operate the motor vehicle with the demonstration plates and the letter contains certain information; or Driven by a dealer employee, during normal business hours, to conduct legitimate dealership business; except that the authorization excludes tow vehicles, parts pickup or delivery vehicles, courtesy shuttle vehicles, rental vehicles, haulers, or vehicles bearing the dealer's name or advertisement, other than the small dealer badge normally affixed to the rear of vehicles or the license plate holders bearing the dealer's name.(Note: This summary applies to this bill as introduced.)
Under current law, a motor vehicle fails an emissions inspection solely because a check engine light is illuminated on the motor vehicle's dashboard, regardless of what the vehicle's actual emissions are. The bill directs the air quality control commission to submit to the federal environmental protection agency by May 5, 2021, a proposed revision to the state implementation plan that would enable a vehicle that fails the on-board diagnostics test solely because a check engine light is illuminated on the vehicle's dashboard to undergo a tailpipe emissions test replace the existing on-board diagnostics test with an IM240 tailpipe emissions test as specified in guidance issued by the environmental protection agency, except in cases where the vehicle cannot be tested using the tailpipe emissions test, including where using the tailpipe emissions test would be unsafe. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires an automobile recycler (recycler) to have a license if the recycler is buying more than 5 vehicles in one year to recycle. In connection with this license requirement, the bill: Requires that the license be renewed every 2 years to stay current; Sets qualifications for licensure, including being of good moral character; Requires fees for submitting an application, being issued a license, or renewing a license; Gives the director of the auto industry division (director) enforcement authority; To ensure the recycler has the appropriate permits, requires the director to report certain items that are at the recycler's business to the department of public health and environment or the oil and gas conservation commission; and Gives the director rule-making authority. The bill requires automobile recyclers to: Keep permanent daily records of vehicles, equipment, attachments, accessories, and appurtenances that are transferred to or from the recycler; Make records, vehicles, and parts available for inspection by the director or a peace officer; and Report each motor vehicle received by the recycler to the national motor vehicle title information system. The bill requires a person that transfers a vehicle, equipment, attachment, accessory, or appurtenance to a recycler to record certain information in the recycler's records. The following acts are made unlawful: Failing to obtain an automobile recycler's license if required by the bill; Intentionally making a material misstatement or omission on a license application; and Failing to comply with certain existing statutes, for the purpose of imposing discipline on a licensee, including a failure to comply with laws governing recyclers and laws governing the disposal or recycling of fluids or materials. In connection with discipline of the license holder, the bill: Authorizes the director to issue or deny licenses, issue cease-and-desist orders, seek a fine of up to $1,000, and seek suspension or revocation of the license of an automobile recycler; and Authorizes the division to investigate potential violations, including issuing subpoenas and summonses and procuring criminal records. Failing to obtain a license or engaging in automobile recycling without an active license is a class 1 misdemeanor. The director may promulgate rules to implement the bill. The bill is scheduled for repeal on September 1, 2030. Before the repeal, the functions of the director in regulating automobile recyclers are scheduled for review in accordance with the sunset law. A provision that sets standards, including holding a motor vehicle for 7 days, for recyclers who are not licensed as motor vehicle dealers is repealed. (Note: This summary applies to this bill as introduced.)
The bill repeals an existing income tax credit available to taxpayers who make contributions to enterprise zone administrators to promote temporary, emergency, or transitional housing programs for the homeless and replaces that income tax credit with one that is available in the entire state that is modeled after the enterprise zone credit that is being repealed. Instead of having the enterprise zone administrators and the office of economic development manage the credit, the bill places that responsibility on the division of housing in the department of local affairs. The amount of the income tax credit remains the same for each contribution, except the new credit is capped at $750,000 in contributions to each project that the division approves and the new credit's availability is limited to 5 years.(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.)
The bill requires a provider of commercial mobile radio service in Colorado to make network-level distraction control technology available to the provider's customers so that, at the customer's request, the provider can limit distracting content on an authorized user's mobile electronic device from the network level while the authorized user is driving. (Note: This summary applies to this bill as introduced.)
The bill prohibits the state and any city, county, city and county, municipality, or other political subdivision (government entity) from restricting any person from: Conducting basic life functions in a public space unless the government entity can offer alternative adequate shelter to the person and the person denies the alternative adequate shelter; and Occupying a motor vehicle, provided that the motor vehicle is legally parked on public property or parked on private property with the permission of the property owner.(Note: This summary applies to this bill as introduced.)
