Rep. Jon Becker

The bill adds to the current descriptions of forcible detainer the act of a person preventing an owner from access to or possession of property by locking or changing the lock on the property. The bill creates a procedure for the plaintiff to seek a temporary, mandatory injunction giving the plaintiff possession of the property if a complaint for forcible entry or detainer is filed. The procedure requires the plaintiff to store any personal property found on the property but allows the plaintiff to recover the costs of the storage. The bill establishes as new crimes related to forcible entry and detainer the crimes of unlawful occupancy and unlawful reentry. (Note: This summary applies to this bill as introduced.)

Under current law, the decisions or actions of the ground water commission (commission) or the state engineer regarding groundwater are appealed to a district court, and the evidence that the district court may consider is not limited to the evidence that was presented to the commission or state engineer. Therefore, unlike appeals from other state agencies' decisions or actions under the 'State Administrative Procedure Act', a party appealing a decision or action of the commission or state engineer may present new evidence on appeal that was never considered by the commission or state engineer. The bill limits the evidence that a district court may consider, when reviewing a decision or action of the commission or state engineer on appeal, to the evidence presented to the commission or state engineer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks. Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits a health benefit plan or third-party administrator plan covering services by licensed chiropractors, optometrists, or pharmacists (providers) from: Limiting or restricting a covered person's ability to select a provider of the covered person's choice if certain conditions are met; Imposing a copayment, fee, or other cost-sharing requirement for selecting a provider of the covered person's choosing; Imposing other conditions on a covered person or provider that limit or restrict a covered person's ability to use a pharmacy of the covered person's choosing; or Denying a provider the right to participate in any of its network contracts in this state or as a contracting provider in this state, so long as the provider agrees to specified conditions.(Note: This summary applies to this bill as introduced.)

Transportation Legislation Review Committee. The bill increases the minimum weight for classification as a commercial vehicle subject to the statutory and regulatory standards for commercial vehicles from 10,001 pounds to 16,001 pounds unless the vehicle is registered for use in interstate commerce. With respect to vehicles that would be classified as commercial vehicles but for the fact that they weigh between 10,001 and 16,000 pounds, the chief of the Colorado state patrol is authorized to adopt rules that authorize the Colorado state patrol to: Annually inspect these vehicles; Enforce with respect to these vehicles all requirements for the securing of loads that apply to commercial vehicles; and Enforce with respect to these vehicles all requirements relating to the use of coupling devices for commercial vehicles.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill specifies that the department of revenue may not require physical inspection of a vehicle, including a vehicle identification number inspection, to verify information about the vehicle before registering or titling the vehicle if: The applicant for a new registration for the vehicle presents either a copy of a manufacturer's certificate of origin or a purchase receipt from the dealer or the out-of-state seller and either document indicates that the applicant purchased the vehicle as new; or At the time of application, the vehicle is currently registered or titled in another Colorado county. The bill also creates a pilot program that issues a permit to a transportation association to verify information for the purposes of titling and registration of commercial vehicles. To qualify the association must:. Employ verifiers who demonstrate knowledge of the process and standards and who have not been convicted of violating property crimes within the last 10 years; and Provide a $10,000 bond to hold harmless any person who suffers loss or damage arising from the issuance of a certificate of title that included a verification done by the permit holder. A permit holder may charge only $25 for a verification, and a permit may be revoked for failing to meet the standards of the bill or any rules promulgated under the bill. The chief of the Colorado state patrol may promulgate rules to implement the program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Water Resources Review Committee. The bill appropriates $5 million from the Colorado water conservation board construction fund to the Colorado water conservation board to make loans and grants to enable the recipients to dredge existing reservoirs located in the South Platte river basin to restore the reservoirs' full decreed storage capacity. (Note: This summary applies to this bill as introduced.)

Water Resources Review Committee. This bill amends the 1921 irrigation district law to: Remove inconsistencies and update antiquated provisions; Clarify the definition of landowners entitled to receive water, vote in district elections, and serve on the board of directors; Update dollar figures and, in subsequent years, adjust for inflation; Define 'agricultural land'; Update election procedures; Clarify how irrigation district assessments are collected and held; and Modernize procedures for selling surplus property. The bill also clarifies that water acquired in excess of an irrigation district's own needs can be leased for all beneficial purposes, rather than only for domestic, agricultural, and power and mechanical purposes, and that the provisions of the 1921 irrigation district law are in addition to powers conferred on irrigation districts in other statutes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

A state income tax credit is allowed for a portion of the value of a perpetual conservation easement that is granted by a taxpayer on real property located in Colorado. In the past, when the department of revenue disputed the validity or amount of one of these credits, a taxpayer could attempt to resolve the dispute using an administrative appeal process within the department. If the taxpayer was not satisfied with the final determination resulting from the administrative process, the taxpayer could appeal the final determination to a district court. Starting in 2011, after a backlog of disputed conservation easement claims developed in the administrative process, the law was changed to allow taxpayers to elect to appeal directly to a district court and avoid the administrative appeal process. Unlike taxpayers who stayed in the administrative process, taxpayers who elected to appeal directly to district court were not required to provide a surety bond or other deposit in connection with their appeals, and additional interest and penalties ceased to accrue during their appeals. The bill provides that no surety bond or other deposit is required and no interest and penalties are to accrue for both the administrative appeal process and the district court appeal process. The law currently allows a conservation easement to be terminated in the same manner as any other easement. The bill specifies that, in addition, a court may exercise its equitable jurisdiction to terminate a conservation easement for which a tax credit has been claimed in certain circumstances if the claim has been rejected. (Note: This summary applies to this bill as introduced.)