2021 State Legislation of Interest to the City
City of Boulder

HB21-1008 Forest Health Project Financing 
Subject: FOREST HEALTH & FIRE MITIGATION
Sponsors: J. Arndt (D) | M. Catlin (R) / J. Cooke (R) | C. Hansen (D)
Summary:



The act provides additional options for financing forest health projects by authorizing:

  • A separate legal entity created by a combination of local governments as authorized by current law to establish special or local improvement districts within the boundaries of the combination and levy special assessments on property specially benefited by improvements, functions, services or facilities, including forest health projects, that the separate legal entity is authorized to provide;
  • Counties, municipalities, special districts, water conservancy districts, the Colorado river water conservation district, and the southwestern water conservation district to conduct or participate in and finance forest health projects; and
  • Authorizing a forest improvement district to use its sales tax revenue for forest health projects.


The act also adds to the definition of "forest health project" management actions that improve the ecological health of a forest or reduce the threat of forest disease epidemics or high-intensity wildfires, and postpones the scheduled repeal of the statute that authorizes the Colorado water resources power and development authority to issue bonds to fund watershed protection projects and forest health projects from July 1, 2023, to July 1, 2033.

(Note: This summary applies to this bill as enacted.)

News:
Status: 5/20/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1034 Consumer Right To Use Natural Gas Or Propane 
Subject: NATURAL GAS
Sponsors: D. Woog
Summary:

The bill invalidates any statute, rule, or local ordinance or resolution that limits or prohibits, except as required for safety purposes, the installation in a new or existing home or business any system or appliance that uses natural gas or propane for cooking, hot water, space heating, or electrical generation.


(Note: This summary applies to this bill as introduced.)

News:
Status: 3/3/2021 House Committee on Energy & Environment Postpone Indefinitely
Position: Oppose
Boulder's Interest:

HB21-1045 Invasive Pest Control Administration 
Subject: INVASIVE PESTS
Sponsors: M. Young (D) | D. Valdez (D) / R. Fields (D)
Summary:



The act authorizes the commissioner of agriculture (commissioner) to:

  • Enter into an agreement with any person or local government to provide pest control services. The department of agriculture (department) may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The remuneration is deposited in the emergency invasive-pest response fund (fund) created by the act, and the commissioner is authorized to expend money in the fund to implement the act and emergency measures to control or eradicate invasive pests.
  • Work cooperatively with the United States secretary of agriculture to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest;
  • Quarantine anything that harbors a pest if the pest has an economically unacceptable impact and if the measures to control the pest may achieve an acceptable level of official control;
  • If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, coordinate with industry, support local governments, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest;
  • Request that, at the end of each fiscal year, money in the plant health, pest control, and environmental protection cash fund be transferred to the fund; and
  • Seek and expend gifts, grants, or donations from private or public sources for the new fund, and requires the department to annually report to the general assembly regarding the amount and source of any gifts, grants, or donations received.


A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.

(Note: This summary applies to this bill as enacted.)

News:
Status: 5/20/2021 Governor Signed
Position: Support
Boulder's Interest: This is in response to emerald ash borer since the state had not allocated funding of its own to help eradicate or contain the pest upon detection or even support the state quarantine. We know EAB will not be the last invasive pest we’ll need to deal with in Colorado. Our understanding is this fund will help the Colorado Department of Agriculture better respond to (and support local governments manage) future pests.

HB21-1054 Housing Public Benefit Verification Requirement 
Subject: IMMIGRANT PUBLIC BENEFITS
Sponsors: D. Jackson (D) / J. Gonzales (D)
Summary:



The act creates, unless otherwise required by federal law, a public or assisted housing benefit exception to the requirement that an applicant for federal, state, or local public benefits verify lawful presence in the United States.

(Note: This summary applies to this bill as enacted.)

News:
Status: 4/15/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1071 Ranked Choice Voting In Nonpartisan Elections 
Subject: ELECTIONS
Sponsors: C. Kennedy (D) / S. Fenberg (D) | F. Winter (D)
Summary:



Beginning in 2023, the act allows a municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. The secretary of state is required to promulgate rules establishing the minimum system requirements and specifications for a voting system to be used in an election using instant runoff voting by December 31, 2022. After December 31, 2022, a system that has been tested and satisfies the standards promulgated by the secretary of state may be submitted for certification for use in an election using instant runoff voting. If the secretary of state certifies a system, the secretary is required to negotiate and purchase, if possible, a single annual statewide license with the provider to allow each county that uses the voting system to conduct elections using instant runoff voting. Each county that uses a voting system to conduct an instant runoff voting election under a statewide license obtained by the secretary of state is required to pay its share of the cost of the license as a proportion of the total number of counties that used the system that year.

On and after January 1, 2023, a statutory city or town or home rule municipality located in a single county that has taken formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election by providing written notice to the county clerk and recorder. If the county uses a voting system that is certified for use in an election using instant runoff voting, the county clerk and recorder must conduct the election as part of the coordinated election. The municipality referring the election is responsible for any reasonable additional costs the county incurs as a result of conducting an instant runoff voting election, including any licensing costs paid by the county.

On and after July 1, 2026, a municipality located in more than one county may refer an election using instant runoff voting to be conducted as part of a coordinated election by notifying the county clerk and recorder of each county. The counties are required to conduct the election using instant runoff voting only if each county receives timely notice, each county uses a voting system certified for such use, and the data from all the counties' voting systems can be tabulated together in accordance with rules promulgated by the secretary of state for conducting instant runoff elections across multiple counties. The counties and the municipality are required to enter into an agreement for the conduct of the election, which must specify the procedures for the county canvass boards to canvass the election. Each county canvass board is required to certify the abstract of votes cast and provide tabulation data to the designated election office for the municipality in accordance with rules adopted by the secretary of state.

The secretary of state is required to promulgate rules related to instant runoff voting elections including the procedures for conducting logic and accuracy tests and risk limiting audits, and for the tabulation, reporting, and canvassing of results.

(Note: This summary applies to this bill as enacted.)

News:
Status: 6/28/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1075 Replace The Term Illegal Alien 
Subject:
Sponsors: S. Lontine (D) / J. Gonzales (D)
Summary:



The act replaces the term "illegal alien" with "worker without authorization" as it relates to public contracts for services.

(Note: This summary applies to this bill as enacted.)

News:
Status: 4/15/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1105 Low-income Utility Payment Assistance Contributions 
Subject: ENERGY AND ENVIRONMENT
Sponsors: C. Kennedy (D) / C. Hansen (D) | K. Priola (R)
Summary: Changes the structure and funding source of low-income energy assistance program operated by Energy Outreach Colorado. Shifts funding source from severance tax revenues to a $1/customer flat fee.
News:
Status: 7/7/2021 Governor Signed
Position: Support
Boulder's Interest: Provides additional financial support for low-income energy customers. Low-income households generally have a higher energy cost burden (% of income) than other households.

HB21-1106 Safe Storage Of Firearms 
Subject: FIREARMS
Sponsors: M. Duran (D) | K. Mullica (D) / J. Bridges (D) | C. Hansen (D)
Summary:

The bill requires that firearms be responsibly and securely stored when they are not in use to prevent access by unsupervised juveniles and other unauthorized users. The bill creates the offense of unlawful storage of a firearm if a person stores a firearm in a manner that the person knows, or should know:

  • That a juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or
  • A resident of the premises is ineligible to possess a firearm under state or federal law.

Unlawful storage of a firearm is a class 2 misdemeanor.

The bill requires licensed gun dealers to provide with each firearm, at the time of a firearm sale or transfer, a locking device capable of securing the firearm. Transferring a firearm without a locking device is an unclassified misdemeanor punishable by a maximum $500 fine.

The bill requires the state court administrator to annually report to the general assembly about the number of charges related to unsafe firearms storage and the disposition of those charges.

The bill requires the office of suicide prevention within the department of public health and environment (department) to include on its website, and in materials provided to firearms-related businesses and health care providers, information about the offense of unlawful storage of a firearm, penalties for providing a handgun to a juvenile or allowing a juvenile to possess a firearm, and the requirement that gun dealers provide a locking device with each firearm transferred. Subject to available money, the department is required to develop and implement a firearms safe storage education campaign to educate the public about the safe storage of firearms, and state requirements related to firearms safety and storage, and information about voluntary temporary firearms storage programs .

(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.)

News:
Status: 4/19/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1117 Local Government Authority Promote Affordable Housing Units 
Subject: HOUSING
Sponsors: S. Lontine (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D) | R. Rodriguez (D)
Summary:



The act clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The act also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control.

The act prohibits a local government from exercising this new regulatory authority unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more among a list of specified actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units.

The act requires the department of local affairs to offer guidance to assist local governments in connection with its implementation.

(Note: This summary applies to this bill as enacted.)

News:
Status: 5/28/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1145 Support Pollinator Special License Plate 
Subject:
Sponsors: C. Kipp (D) | M. Soper (R) / S. Jaquez Lewis | C. Simpson
Summary:



The act creates the support pollinators license plate for vehicles. A person qualifies for issuance of the plate if the person makes a donation to a designated nonprofit organization that supports pollinators. The organization must meet specified criteria, including having existed for at least 5 years, and use the donation for pollination programs and education.

In addition to the normal fees for a license plate, a person must pay 2 additional one-time fees for the issuance of the plate. One of these fees is credited to the highway users tax fund and the other fee is credited to the licensing services cash fund.

For the 2021-22 state fiscal year, the act appropriates $22,544 to the department of revenue for use by the division of motor vehicles to implement the act.

(Note: This summary applies to this bill as enacted.)

News:
Status: 6/22/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1162 Management Of Plastic Products 
Subject: ZERO WASTE
Sponsors: A. Valdez (D) | L. Cutter (D) / J. Gonzales (D) | L. Garcia (D)
Summary: The bill is comprised of three primary sections: 1. A phase-out of the distribution by stores (retailers, grocers, etc.) of single use plastic carryout bags by Sept. 1, 2022. 2. A phase-out of the distribution by retail food establishments (restaurants, take-out locations, etc.) of polystyrene (including but not limited to Styrofoam) containers by January 1, 2022 (with some extended deadlines for school cafeterias). 3. Explicit authorization for local governments (including counties) to impose requirements more stringent than statewide requirements starting on July 1, 2023.
News:
Status: 7/6/2021 Governor Signed
Position: Support
Boulder's Interest: Equity note: This fee would NOT be imposed upon customers who provide evidence they are participating in a state or federal food assistance program.

HB21-1175 Donation To Nonprofit For Traffic Violations 
Subject: MUNICIPAL COURTS/LOCAL CONTROL
Sponsors: D. Williams (R)
Summary:

The bill allows a person who has been issued a penalty assessment for or has been convicted of a traffic infraction or traffic misdemeanor to make a donation of money or time to a nonprofit organization in lieu of paying the fine. The amount of fine that may be offset by a donation is limited to $500.


(Note: This summary applies to this bill as introduced.)

News:
Status: 5/20/2021 House Committee on Finance Postpone Indefinitely
Position: Oppose
Boulder's Interest:

HB21-1186 Regional Transportation District Operation 
Subject: RTD
Sponsors: M. Gray (D) | T. Sullivan (D) / F. Winter (D) | J. Bridges (D)
Summary:



The act amends provisions related to the operation of the regional transportation district (district), including:

  • Amending a cap on the amount of all vehicular service the district can allow to be provided by third parties under competitive contracts to be measured by platform time or its equivalent;
  • Expanding the types of entities the district can contract with to include nonprofit organizations and local government;
  • Repealing farebox recovery ratio requirements and requiring the district to include in its annual financial reports information on annual operating costs, ridership numbers, and operating costs divided by ridership as a measure of the cost efficiency of its services;
  • Repealing a limitation on developments that would reduce parking at a facility or result in a competitive disadvantage to private businesses near the facility; and
  • Repealing limitations on the district's authority to charge fees and manage parking at district parking facilities.
    (Note: This summary applies to this bill as enacted.)

News:
Status: 5/24/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1208 Natural Disaster Mitigation Enterprise 
Subject:
Sponsors: L. Cutter (D) | M. Gray (D) / K. Priola (R) | F. Winter (D)
Summary:



The act creates the natural disaster mitigation enterprise (enterprise). The enterprise is governed by a board of directors, imposes a fee on insurance companies that offer certain insurance policies or contracts, and uses the fee revenue to finance the natural disaster mitigation grant program and provide local governments technical assistance on natural disaster mitigation. The enterprise awards natural disaster mitigation grants to assist in the implementation of resilience and natural disaster mitigation measures and to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.

Beginning July 1, 2023, the enterprise collects the fee annually from insurers that offer certain policies or contracts. For an insurer, the fee is equal to $2 multiplied by the number of certain policies or contracts of insurance held by the insurer that cover property or risks in the state. These policies include:

  • Fire;
  • Allied lines;
  • Private crop;
  • Farmers multiple peril;
  • Homeowners multiple peril; and
  • Commercial multiple peril.

Insurers may recoup the cost of the fee from their policy holders, but insurers may not raise their premiums based on the fee.

The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department of public safety is assigned regarding the grant program. Both the enterprise and the fee are repealed, effective January 1, 2030.

(Note: This summary applies to this bill as enacted.)

News:
Status: 7/6/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1233 Conservation Easement Tax Credit Modifications 
Subject: LAND CONSERVATION
Sponsors: D. Roberts (D) | P. Will (R) / K. Donovan (D) | F. Winter (D)
Summary: • Increases efficiencies of the tax credit program and creates a tracking system for tax credit transfers. • Expands the types of eligible entities that can donate easements and receive tax credits to include certain water conservation entities. • Allows landowners to receive up to 90% of the donated value of their easement. Specifies that the Division of Conservation can hold easements in preparation for future work to resolve orphaned easements.
News:
Status: 6/30/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1269 Public Utilities Commission Study Of Community Choice Energy 
Subject:
Sponsors: E. Hooton (D) | A. Boesenecker / K. Donovan (D)
Summary:



The act concerns the concept of "community choice energy" (CCE) (also known as community choice aggregation or CCA), under which a community, or group of communities, may choose to purchase their electricity from a wholesale supplier other than the local investor-owned electric utility. The act declares that CCE has the potential to enable communities to meet their renewable energy goals and to reduce their electricity rates by allowing wholesale competition and local control over the energy supplier and energy mix without changing the local utility's current status as sole supplier of electric transmission, distribution, billing, and customer service functions.

To lay the groundwork for evaluating the potential adoption of CCE in Colorado, the act proposes an investigatory proceeding at the public utilities commission that would invite testimony and documentation from interested stakeholders, utilities, the public, invited subject-matter experts, and persons with firsthand knowledge of CCE operations, including regulators from states in which CCE has been implemented. The proceeding would address a series of questions and topics that are specified in the act, with the goal of better understanding CCE in the Colorado context and identifying best practices that would allow CCE to function well in Colorado if adopted. The act does not change current statutes and regulations governing the electricity system.

The act directs the commission to submit a report summarizing the investigatory proceeding to the legislative committees with jurisdiction over energy matters by December 15, 2022.

The act appropriates $48,391 to the department of regulatory agencies for use by the public utilities commission to implement the act.

(Note: This summary applies to this bill as enacted.)

News:
Status: 6/25/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1298 Expand Firearm Transfer Background Check Requirements 
Subject:
Sponsors: J. Amabile (D) | S. Woodrow (D) / J. Gonzales (D) | B. Pettersen (D)
Summary:

Under existing federal law, a licensed gun dealer may transfer a firearm to another person prior to receiving the results of a required background check if 3 days have elapsed since the dealer initiated the background check; state law does not generally require a background check prior to a transfer by a licensed gun dealer. The bill establishes a state requirement for a licensed gun dealer to obtain approval for a firearms transfer from the Colorado bureau of investigation (bureau) prior to transferring a firearm.

The bill prohibits the bureau from approving the transfer of a firearm to a person who was convicted of specified misdemeanor offenses. The bill also prohibits the bureau from approving a firearms transfer until the bureau determines that its background investigation is complete and that the transfer would not violate federal prohibitions on firearms possession or result in a violation of state law.

Under existing law, a person who has been denied a firearms transfer following a background check can appeal the denial. The bureau is required to review background check records that prompted the denial and render a final administrative decision regarding the denial within 30 days. The bill establishes a 60-day deadline for the bureau to conduct the review and render a final administrative decision.

A person may be denied a firearms transfer if there has not been a final disposition in criminal proceedings for certain offenses for which the prospective transferee, if convicted, would be prohibited from purchasing, receiving, or possessing a firearm. Under existing law, the inability of the bureau to obtain the final disposition of a case that is no longer pending cannot constitute the basis for the continued denial of the transfer. The bill removes this restriction and permits continued denial of the transfer when the bureau is unable to obtain the final disposition of a case that is no longer pending.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News: Colorado’s legislative session is wrapping up. Here’s what lawmakers are passing.
Status: 6/19/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1299 Office Of Gun Violence Prevention 
Subject:
Sponsors: T. Sullivan (D) | J. Bacon / R. Fields (D) | C. Hansen (D)
Summary:



The act establishes the office of gun violence prevention (office) within the department of public health and environment to coordinate and promote effective efforts to reduce gun violence. The office is required to conduct public awareness campaigns to educate the general public about state and federal laws and existing resources relating to gun violence prevention.

Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration.

The office is required to create and maintain a resource bank as a repository for data, research, and statistical information regarding gun violence in Colorado. The office must collaborate with researchers to improve data collection in Colorado and use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities.

The office is required to issue a report to the general assembly every 5 years summarizing gun violence prevention measures adopted by local jurisdictions. This reporting requirement is contingent upon Senate Bill 21-256 being enacted and becoming law.

The act appropriates $3,000,000 to the department of public health and environment for program costs related to family and community health for the office of gun violence prevention.

(Note: This summary applies to this bill as enacted.)

News: Colorado’s legislative session is wrapping up. Here’s what lawmakers are passing.
Status: 6/19/2021 Governor Signed
Position: Support
Boulder's Interest:

HB21-1317 Regulating Marijuana Concentrates 
Subject:
Sponsors: A. Garnett (D) | Y. Caraveo (D) / C. Hansen (D) | P. Lundeen (R)
Summary:



The act requires the Colorado school of public health to do a systematic review of the scientific research related to the possible physical and mental health effects of high-potency THC marijuana and concentrates using only funding provided by the general assembly. The act creates a scientific review council (council) to review the report and make recommendations to the general assembly. Based on the research and findings, the Colorado school of public health shall produce a public education campaign for the general public, to be approved by the council, regarding the effect of high-potency THC marijuana on the developing brain and mental health.

Current law requires a doctor to conduct a full assessment of the patient's medical history when making a medical marijuana recommendation. The act requires that assessment to include the patient's mental health history. If the recommending physician is not the patient's primary care physician, the act directs the recommending physician to review the records of a diagnosing physician or licensed mental health provider. When a practitioner makes a medical marijuana authorization, the practitioner must certify that authorization to the department of public health and environment (department). The act requires the certification to include:

  • The date of issue and the effective date of the recommendation;
  • The patient's name and address;
  • The recommending physician's name, address, and federal drug enforcement agency number;
  • The maximum THC potency level of medical marijuana being recommended;
  • The recommended product, if any;
  • The daily authorized quantity, if the quantity exceeds the maximum statutorily allowed amount for the patient's age;
  • Directions for use; and
  • The recommending physician's signature.


The act prohibits a physician for charging an additional fee for recommending an extended plant count or making a recommendation related to an exception to a medical marijuana requirement. The act directs the department to annually report on the number of physicians who made medical marijuana recommendations in the past year, how many recommendations each physician made, and the number of homebound patients ages 18 to 20 years old in the registry.

The act imposes the following requirements on medical marijuana patients ages 18 to 20 years old:

  • Two physicians from different medical practices have to diagnose the patient as having a debilitating or disabling medical condition after an in-person consultation;
  • One of the physicians must explain the possible risks and benefits of the medical use of marijuana to the patient;
  • One physician must provide the patient with the written documentation specifying that the patient has been diagnosed with a debilitating or disabling medical condition and the physician has concluded that the patient might benefit from the medical use of marijuana; and
  • The patient attends follow-up appointments every 6 months after the initial visit with one of the physicians unless the patient is homebound.


The act requires the department to create a report from emergency room and hospital discharge data of patients who presented with conditions or a diagnosis that reflects marijuana use and provide that report at the department's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.

The act directs the association representing coroners to establish a working group to study methods to test for all scheduled drugs and the presence and quantity of THC in each case of a non-natural death and make recommendations by July 1, 2022. The recommendation must be reported to the house of representatives health and insurance committee and the senate health and human services committee, or their successor committees. Beginning January 1, 2022, the act requires the coroner in each case of a non-natural death to complete a toxicology screen. The coroner shall report the results of the toxicology screen to the Colorado violent death reporting system. The department then produces an annual report of the data beginning January 2, 2023, and annually each year thereafter.

The act prohibits medical marijuana advertising that is specifically directed to persons ages 18 to 20 years old and requires medical and retail marijuana concentrate advertising to include a warning regarding the risks of medical marijuana concentrate overconsumption.

A medical marijuana store and retail marijuana store shall provide a patient with a tangible education resource regarding the use of medical or retail marijuana concentrate when selling concentrate.

The act requires medical marijuana stores to immediately record transactions in the seed-to-sale inventory tracking system to allow the system to:

  • Continuously monitor entry of patient data to identify discrepancies with daily purchase limits and potency authorizations;
  • Access and retrieve real-time sales data based on patient identification number; and
  • Respond with a user error message if a sale to a patient or caregiver will exceed the patient's allowed purchase limit for that business day or potency authorization.

The data collected is confidential and shall not be shared with anyone except when necessary to complete a sale.

The act limits the amount of medical marijuana concentrate that a patient can purchase in one day to 8 grams, unless the patient is 18 to 20 years old then the limit is 2 grams, except in the case of a homebound patient, if the patient's certification states that the patient needs more than 8 grams or 2 grams respectively. The limit does not apply to medical marijuana patients if it would be a significant physical or geographic hardship for the patient to make a daily purchase or if the patient had a registry identification card prior to being 18 years old.

The act limits the amount of retail marijuana concentrate that a patient can purchase in one day to 8 grams.

The marijuana enforcement division shall convene a stakeholder work group to develop and complete by January 1, 2022:

  • A uniform certification form to be used by recommending physicians when authorizing the patient to purchase more than the statutorily allowed quantities, as required by section 25-1.5-106 (5), Colorado Revised Statutes, which may be relied upon by medical marijuana stores. The form must contain a uniform weight and uniform potency description to enable a medical marijuana store to fulfill its obligations without the need to make a further calculation or examine other documents. The form shall not contain any information concerning the patient's medical condition or diagnosis.
  • A tangible educational resource regarding the use of regulated marijuana concentrate.


For the 2021-22 state fiscal year, the act appropriates:

  • $4,000,000 from the marijuana tax cash fund to the department of higher education for use by the Colorado school of public health and any unexpended money from the appropriation is further appropriated to the department for the same purpose;
  • $541,826 to the department of public health and environment for use by the center for health and environmental information: $265,656 of the appropriation is from the general fund and is $276,170 from the medical marijuana program cash fund;
  • $50,000 from the general fund to the department of public health and environment for use by disease control and public health response;
  • $255,167 from the marijuana cash fund to the department of revenue to implement the act;
  • $95,706 and allocates 0.5 FTE to the department of law from reappropriated funds from the department of revenue; and
  • $2,000,000 from the first time drunk driving offender account to the department of transportation.
    (Note: This summary applies to this bill as enacted.)

News: Colorado’s legislative session is wrapping up. Here’s what lawmakers are passing.
Status: 6/24/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-031 Limits On Governmental Responses To Protests 
Subject: LAW ENFORCEMENT
Sponsors: J. Bridges (D) / L. Cutter (D)
Summary: SB 21-031 prohibits a state, county, or local government agency to order those participating in a protest or demonstration to disperse, or from deeming the protest unlawful, unless the persons participating in the protest are acting in concert to pose an imminent threat to use force or violence to cause personal injury or significant property damage.
News:
Status: 5/24/2021 Senate Committee on Judiciary Postpone Indefinitely
Position: Oppose
Boulder's Interest: As drafted, the bill is extremely broad and would allow protestors to break all types of laws, and local governments could only disperse the protest if many individuals were deemed violent.

SB21-054 Transfers For Wildfire Mitigation And Response 
Subject: WILDFIRE
Sponsors: C. Hansen (D) | B. Rankin (R) / J. McCluskie (D)
Summary:



The act requires the state treasurer to transfer $6 million from the general fund to the forest restoration and wildfire risk mitigation grant program cash fund.

The state treasurer is also required to transfer $3 million from the general fund to the wildfire preparedness fund. The division of homeland security and emergency management in the department of public safety is required to use this money:

  • As the state match for federal hazard mitigation assistance grants to local governments that are used to mitigate wildland fire hazards; and
  • To provide local governments that are eligible to receive the federal grants with strategic planning assistance for wildland fire hazard mitigation.


The state treasurer is also required to transfer $4 million from the general fund to the Colorado water conservation board construction fund. This money is appropriated to the board for the watershed restoration program to support post-fire recovery and mitigation efforts.
(Note: This summary applies to this bill as enacted.)

News:
Status: 3/21/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-062 Jail Population Management Tools 
Subject: CRIMINAL JUSTICE
Sponsors: P. Lee (D) / A. Benavidez (D)
Summary:

The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence.

The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless:

  • A custodial arrest is statutorily required;
  • The officer is unable to sufficiently verify the individual's identity absent a custodial arrest;
  • The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or
  • The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle and:
  • The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or
  • The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent custodial arrest.

The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or level 3 or 4 drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear unless the defendant has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime.

The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions.


(Note: This summary applies to this bill as introduced.)

News:
Status: 5/26/2021 Senate Committee on Appropriations Postpone Indefinitely
Position: Conditionally Support
Boulder's Interest:

SB21-077 Remove Lawful Presence Verification Credentialing 
Subject: IMMIGRANT PUBLIC BENEFITS
Sponsors: J. Gonzales (D) / A. Benavidez (D) | C. Kipp (D)
Summary:



The act eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license.

The act also specifies that lawful presence is not required of any applicant for any state or local license, certificate, or registration. The act is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.

(Note: This summary applies to this bill as enacted.)

News:
Status: 5/27/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-078 Lost Or Stolen Firearms 
Subject: FIREARMS
Sponsors: S. Jaquez Lewis | J. Danielson (D) / T. Sullivan (D) | L. Herod (D)
Summary:



An individual who owns a firearm must report the loss or theft of that firearm to a law enforcement agency within 5 days after discovering that the firearm was lost or stolen. A first offense for failure to make such a report is a civil infraction punishable by a $25 fine, and a second or subsequent offense is a misdemeanor punishable by a maximum $500 fine. The 5-day reporting requirement does not apply to a licensed gun dealer.

Another person who is a member of the owner's family or who resides with the owner may report the lost or stolen firearm. If the other person reports the loss or theft of the firearm, the owner is not required to make a report. A report by another person is not an acknowledgment of firearm ownership.

A person who reports a lost or stolen firearm is immune from criminal prosecution for an offense pursuant to state law related to the storage of firearms.

The act requires a law enforcement agency that receives a report of a lost or stolen firearm to enter information about the lost or stolen firearm into the Colorado bureau of investigation crime information center database.

(Note: This summary applies to this bill as enacted.)

News:
Status: 4/19/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-110 Fund Safe Revitalization Of Main Streets 
Subject: TRANSPORTATION
Sponsors: R. Zenzinger (D) | K. Priola (R) / L. Herod (D) | T. Exum (D)
Summary:



$30 million is transferred from the general fund to the state highway fund to provide additional funding for the department of transportation's revitalizing main streets and safer main streets programs.

(Note: This summary applies to this bill as enacted.)

News:
Status: 3/19/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-113 Firefighting Aircraft Wildfire Mgmt And Response 
Subject: WILDFIRE
Sponsors: S. Fenberg (D) | B. Rankin (R) / J. McCluskie (D) | M. Lynch
Summary:



The act directs the state treasurer to transfer $30,800,000 from the general fund to the Colorado firefighting air corps fund to support the following purposes:

  • The purchase by the division of fire prevention and control (division) in the department of public safety of a fire hawk helicopter (helicopter) configured for wildfire mitigation; and
  • The leasing by the division of a type 1 helicopter or other available and appropriate aviation resource configured for wildfire mitigation in advance of the 2021 wildfire season and for the operational costs associated with the leased and purchased aviation resources.


In addition to any other purpose for the use of money in the wildfire emergency preparedness fund (WEPF), the act permits the division of fire prevention and control in the department of public safety to use money in the WEPF to provide wildfire suppression assistance to county sheriffs, municipal fire departments, or fire protection districts throughout the state at no cost to such entities pursuant to annual guidelines published by the division in the wildfire preparedness plan.

(Note: This summary applies to this bill as enacted.)

News:
Status: 3/21/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-199 Remove Barriers To Certain Public Opportunities 
Subject: IMMIGRANT PUBLIC BENEFITS
Sponsors: S. Jaquez Lewis | F. Winter (D) / D. Esgar (D) | S. Gonzales-Gutierrez (D)
Summary:



The act states that, upon passage of the act, verification of lawful presence in the United States is not required for any purpose that lawful presence is not required by law, ordinance, or rule to receive benefits pursuant to a federal stimulus law or rule.

Effective July 1, 2022, the act repeals current laws that require a person to demonstrate the person's lawful presence in the United States to be eligible for certain public benefits and states that lawful presence is not a requirement of eligibility for state or local public benefits, as defined by 8 U.S.C. sec. 1621.

The act amends certain statutory provisions to clarify acceptable documents to demonstrate eligibility.

Current law prohibits a state agency or political subdivision from entering into or renewing a public contract with a contractor who knowingly employs or contracts persons who are undocumented. The act repeals that requirement and associated statutory provisions.

The act appropriates:

  • $178,627 to the department of human services to implement the act. $47,768 is from the general fund and $130,859 is from the federal child care development funds; and
  • $83,881 from the general fund to the department of revenue for use by the taxation business group to implement the act.
    (Note: This summary applies to this bill as enacted.)

News:
Status: 6/25/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-200 Reduce Greenhouse Gases Increase Environmental Justice 
Subject:
Sponsors: F. Winter (D) | D. Moreno (D) / D. Jackson (D)
Summary:

Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by:

  • Directing the AQCC to:
  • Consider the social cost of GHG emissions;
  • Require GHG reductions on a linear or more stringent path; and
  • Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program;
  • Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and
  • Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040.

Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.
(Note: This summary applies to this bill as introduced.)

News: Colorado’s legislative session is wrapping up. Here’s what lawmakers are passing.
Status: 6/7/2021 Senate Second Reading Laid Over to 12/09/2021 - No Amendments
Position: Support
Boulder's Interest:

SB21-238 Create Front Range Passenger Rail District 
Subject:
Sponsors: L. Garcia (D) | R. Zenzinger (D) / D. Esgar (D) | M. Gray (D)
Summary:



The act creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. The district must also coordinate with the department of transportation (CDOT) to ensure that any system is well-integrated into the state's multimodal transportation system and does not impair the efficiency or safety of or otherwise adversely affect existing transportation infrastructure or operations. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.

The area that comprises the district extends from Wyoming to New Mexico and includes:

  • The entirety of the city and county of Broomfield and the city and county of Denver;
  • All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO);
  • All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and
  • All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25.


The district is governed by a board of directors composed of:

  • 10 appointees of transportation planning organizations that have jurisdiction within the territory of the district as follows:
  • 4 appointees appointed by each metropolitan planning organization (MPO) that represents more than 1,500,000 residents in the district; except that any city and county or municipality that has 55% or more of the MPO's territory shall appoint one of the 4 directors that would otherwise be appointed by the MPO;
  • 2 appointees from each metropolitan planning organization (MPO) that represents more than 500,000 but fewer than 1,000,000 residents in the district; except that any city and county or municipality that has 55% or more of the MPO's territory shall appoint one of the 2 directors that would otherwise be appointed by the MPO;
  • One appointee appointed by the Pueblo area council of governments; and
  • One appointee appointed by the south central council of governments.
  • 6 appointees appointed by the governor subject to confirmation by the senate who must collectively have professional experience or expertise in specified areas;
  • One appointee appointed by the executive director of CDOT;
  • One nonvoting representative of RTD;
  • One nonvoting representative appointed by the I-70 mountain corridor coalition, or any successor entity to the coalition; and
  • If the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico.


In addition to the professional experience or expertise requirements, at least one of the directors appointed by the governor must be a resident of a county, city and county, or municipality through which light or commuter rail was planned as part of RTD's voter-approved Fastracks program. Each director appointed by a transportation planning organization must be or have been a member of the board of directors of the appointing authority and must represent or have represented a member jurisdiction of the appointing authority that is wholly or partly included within the district. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022. The existing southwest chief and front range passenger rail commission is terminated, effective July 1, 2022, and any remaining commission funds are transferred to the district no later than July 1, 2022.


The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:

  • The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax, to exercise specified taxing authority common to special districts within the district, and to issue bonds. Before submitting a ballot question to establish any district tax, the district must publish a proposed services development plan, an operating plan, and a detailed financing plan, certify that it has made every reasonable effort to secure federal funding for the system, and approve the submission of the question by an affirmative vote of two-thirds of all voting directors of the board.
  • The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station;
  • The power to enter into public-private partnerships; and
  • The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system.

The district must publish and present a comprehensive annual report to the legislative committees with jurisdiction over transportation and each transportation planning organization that appoints directors to the district board. If the district levies a tax, the state auditor must conduct a biennial district-funded audit of the district.

(Note: This summary applies to this bill as enacted.)

News:
Status: 6/30/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-256 Local Regulation Of Firearms 
Subject:
Sponsors: S. Fenberg (D) | D. Moreno (D) / E. Hooton (D) | L. Daugherty
Summary:



The act declares that the regulation of firearms is a matter of state and local concern. A local government is permitted to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory. The ordinance, regulation, or law may not be less restrictive than state law. The local law may only impose a criminal penalty for a violation upon a person who knew or reasonably should have known that the person's conduct was prohibited.

The act permits a local government, including a special district, and the governing board of an institution of higher education to enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's or governing board's jurisdiction, or for a special district, in a building or specific area under the direct control or management of the district. A local law may only impose a civil penalty for a violation, and the maximum fine that may be imposed for a first offense is $50.

(Note: This summary applies to this bill as enacted.)

News:
Status: 6/19/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-260 Sustainability Of The Transportation System 
Subject:
Sponsors: S. Fenberg (D) | F. Winter (D) / A. Garnett (D) | M. Gray (D)
Summary:



The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/sb21-260-bill-summary
(Note: This summary applies to this bill as enacted.)

News: Colorado’s legislative session is wrapping up. Here’s what lawmakers are passing.
Status: 6/17/2021 Signed by Governor
Position: Support
Boulder's Interest:

SB21-261 Public Utilities Commission Encourage Renewable Energy Generation 
Subject:
Sponsors: S. Fenberg (D) | K. Priola (R) / A. Valdez (D) | J. Amabile (D)
Summary:



Section 1 of the act declares that customer-sited renewable energy generation facilities (distributed generation) such as rooftop solar can make important contributions toward meeting Colorado's declared goal of reducing greenhouse gas emissions while providing a reliable, adaptable supply of electricity for homes, businesses, and the rapidly increasing numbers of electric vehicles, and that existing limits on customer-sited renewable energy generation facilities unnecessarily restrict this potential.

Sections 3 and 5 remove most of the existing limitations on the size of distributed generation facilities, which currently cannot exceed 120% of a customer's historical annual usage, to qualify for renewable energy credits. Section 3 also expands an existing exemption from regulation as a public utility to include persons who sell excess power from distributed generation located anywhere on their property or on property owned or leased by others in a master meter operation, e.g., an apartment building or mobile home park. Section 4 grants master meter operators (MMOs) that sell power from distributed generation a limited exemption from the general requirement not to charge their end users any amount above what they are billed for electricity supplied by the serving electric utility. MMOs may retain refunds, rebates, rate reductions, net metering credits, and similar reductions offered by the serving utility in its net metering program. The public utilities commission (PUC) is directed to adopt rules encouraging landlords and tenants in multi-unit buildings to share in the costs and benefits of installing new distributed generation facilities.

Section 5 requires a qualifying retail utility to allow, and to adopt standards for the approval of, customer-owned meter collar adapters in residential installations. The PUC retains authority to resolve any disputes concerning the standards or their application in specific cases. Section 2 defines a meter collar adapter as a device installed between the electric meter and the meter socket box that allows the customer to interconnect power from on-site sources.

Section 5 also:

  • Replaces the term "standard rebate offer" with "net metering service" where appropriate, to more accurately reflect current practice;
  • Requires qualifying retail utilities, under their net metering service, to purchase energy produced from any renewable energy resources rather than exclusively solar energy resources;
  • Doubles the size of eligible on-site renewable energy installations from 500 kilowatts to one megawatt;
  • Limits the size of eligible off-site renewable energy installations to 500 kilowatts for a single-meter installation or 300 kilowatts per meter for a multi-meter installation;
  • Narrows the requirements for small hydroelectric facilities that qualify as renewable energy resources to exclude those that require the construction of new dams or reservoirs;
  • Adds renewable energy storage as an eligible energy resource under the renewable energy standard and defines "renewable energy storage" as a facility that stores energy that is derived only from renewable energy resources;
  • Allows a customer to carry forward monthly bill credits from distributed generation indefinitely, at any service address within a qualifying retail utility's service territory, unless the customer chooses to be reimbursed annually or to donate the excess to a low-income energy assistance program; and
  • Directs the PUC to adopt rules to accommodate the aggregation and interconnection of retail distributed generation, including the pooling of renewable energy resources under a master meter or similar arrangement and the allocation of credits among customers on different rate schedules.


Section 6 appropriates $91,488 to the department of regulatory agencies for use by the PUC to implement the act.

(Note: This summary applies to this bill as enacted.)

News:
Status: 6/21/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-262 Special District Transparency 
Subject:
Sponsors: R. Zenzinger (D) | B. Gardner (R) / S. Bird (D) | H. McKean (R)
Summary:



The act makes various changes to statutory provisions to promote transparency for special districts. Specifically:

  • Under current law, the designated election official is required to provide notice by publication of a call for nominations for a regular local government election. Except for metropolitan districts organized after January 1, 2000, the act requires that notice be made exclusively by publication and by any one of 4 additional means.
  • In the case of any metropolitan district that was organized after January 1, 2000, the act requires the notice of the call for nominations to be made by emailing the notice to each active registered elector of the metropolitan district as specified in the registration list provided by the county clerk and recorder as of the date that is 150 days prior to the date of the regular local government election. Where the active registered elector does not have an e-mail address on file for such purpose with the county clerk and recorder as of that date, the public notice must be made by mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the metropolitan district resides as specified in the registration list provided by the county clerk and recorder as of that date.
  • In addition to the means of providing public notice of the call for nominations that is required under the act, the designated election official must also provide public notice by any one of 4 alternate means specified in the act;
  • The act exempts inactive special districts from new requirements under the act concerning maintenance of a district's website and a district's annual report;
  • The act requires a metropolitan district, by a certain date, to establish, maintain, and annually update an official website in a form that is readily accessible to the public that contains information that is specified in the act;
  • The act adds to existing statutory requirements regarding the annual report to be filed by a special district and, among other things, supplements the type of information to be included in the annual report;
  • The act prohibits a metropolitan district from exercising its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area; and
  • The act requires, on and after January 1, 2022, each owner of real property that sells real property that includes a newly constructed residence that is located within a metropolitan district, concurrently with or prior to the execution of a contract to sell the property, to provide to the purchaser of the property certain information or statements specified in the act relating to the finances of the metropolitan district, including information about the debt obligations of the district and an estimate of property taxes applicable to the property at the time of the sale.
    (Note: This summary applies to this bill as enacted.)

News:
Status: 6/28/2021 Governor Signed
Position: Support
Boulder's Interest:

SB21-273 Pre-trial Reform 
Subject:
Sponsors: P. Lee (D) | D. Moreno (D) / A. Benavidez (D) | J. Bacon
Summary:

The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022.

The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless:

  • Custodial arrest is statutorily required;
  • The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle, or motor vehicle theft ; or
  • The officer is unable to sufficiently verify the individual's identity absent a custodial arrest.

The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear, unless:

  • The defendant failed to appear when a witness was subpoenaed or a civilian witness was on call;
  • The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or
  • The defendant has failed to appear 2 or more times more than one time in the case.

The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless:

  • The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence;
  • The defendant has already had probation revoked for failure to comply in the case; or
  • The court finds the defendant is likely to flee prosecution.

The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction.

The bill requires annually each county jail to provide information regarding jail population and each judicial district to provide information regarding bonds, failures to appear, and summons to the division of criminal justice in the department of public safety. The division shall compile a report of the information and post the report on its website. The bill creates a fund to pay for the study using 25% of the money collected on a failure to appear personal recognizance bond.

The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions.

The bill appropriates $24,436 from the general fund to the judicial department for trial courts to implement the bill. The bill appropriates $50,375 from the general fund to the department of public safety for the division of criminal justice to implement the bill.

(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.)

News:
Status: 6/7/2021 House Committee on Finance Postpone Indefinitely
Position: Support
Boulder's Interest: