Colorado’s 2020 legislative session wrapped up on June 15, 2020. The session was uncommon in that it was suspended from March 14, 2020, via Could 26, 2020, as a result of COVID-19. The legality of the suspension was litigated in the Colorado Supreme Court and ultimately upheld. Regardless of the suspension, quite a lot of payments impacting enterprise regulation, native governments, housing, water assets, and different actual property issues handed and had been signed into legislation by Governor Polis. This alert offers summaries of payments that could be of curiosity to enterprise and property house owners within the state.
HB 20-1013 Regarding the specification of procedures for the ratification of faulty company actions. This invoice creates statutory processes for ratifying or validating company actions that won’t have been correctly approved and for issuing shares that won’t have been correctly issued. It additionally offers for immediate judicial evaluate and validation of the ratification course of when an individual claims to be considerably and adversely affected by the ratification.
SB 20-213 Regarding takeout and supply gross sales of alcoholic drinks. This invoice authorizes takeout and supply gross sales of alcoholic drinks by most bars and bar eating places, in addition to producers or wholesalers that function gross sales rooms, to customers no less than twenty-one years of age. Licensed entities can promote alcoholic drinks by the drink or by a number of drinks. All alcoholic drinks, no matter their volumes, should be offered in sealed containers complying with state licensing authority guidelines. This legislation additionally requires permits for and locations quantity limitations on alcoholic beverage takeout and supply gross sales; it additionally prohibits approved entities from deriving greater than fifty p.c of their gross annual revenues for whole gross sales of meals and alcoholic drinks from the sale of takeout alcoholic drinks. Allow necessities, quantity limitations, and income restrictions is not going to apply throughout occasions wherein the governor has declared an emergency.
SB 20-078 Regarding the potential of an individual to convey a pet canine onto the premises of a restaurant. This invoice authorizes a restaurant to permit an individual to convey a pet canine into an out of doors eating space if (i) there’s a separate entrance and exit for the pet canine to entry the out of doors eating space that forestalls it from passing via the restaurant; (ii) the out of doors eating space isn’t used for meals or drink preparation; and (iii) the restaurant complies with management measures accredited by public well being companies. The particular person bringing the pet canine to the out of doors eating space is accountable for its conduct; she or he should forestall it from getting onto furnishings and should keep management of it via leashing or confining it to a pet provider. Metropolis, county, or metropolis and county governing our bodies could prohibit pet canine presence in out of doors eating areas inside their jurisdiction; particular person eating places may prohibit pet canine from coming into out of doors eating areas. This invoice doesn’t prohibit service animal presence in out of doors eating areas.
SB 20-126 Regarding the operation of a licensed household youngster care house in a standard curiosity neighborhood. This invoice permits house house owners in a neighborhood ruled by the Colorado Widespread Possession Curiosity Act to function a licensed household youngster care house, as outlined underneath state legislation however any opposite provisions throughout the neighborhood’s governing paperwork. Neighborhood laws, together with these governing landscaping, noise, parking, and architectural management, will proceed to use to the neighborhood; nonetheless, this invoice requires the neighborhood to make cheap lodging for any necessities pertaining to fences underneath the state’s household youngster care house licensing legal guidelines. Neighborhood associations could require the household youngster care house proprietor or operator to hold legal responsibility insurance coverage protecting operation of the household youngster care house. This legislation isn’t relevant to communities that qualify as housing for older folks underneath federal legislation.
HB 20-1133 Regarding land use entitlements affecting actual property that has been disconnected from a municipality. This legislation will, amongst different issues, (i) prohibit a landowner from petitioning for the disconnection of property from a municipality till all vested property rights affecting the property, as established underneath Title 24, Article 68 of the Colorado Revised Statutes have expired or been terminated; (ii) topic a property disconnected from a municipality to the county’s zoning decision and map and different land improvement laws inside ninety days after disconnection; (iii) allow the county to refuse issuance of constructing or occupancy permits for the disconnected land inside this ninety-day interval; (iv) invalidate any provision of the county’s zoning decision, map, or plan that robotically applies a uniform zoning classification to all land that could be disconnected sooner or later; and (v) require the disconnected land be zoned by the county previous to subdivision approval.
HB 29-1074 Regarding the authorization for particular districts to supply for the gathering and transportation of strong waste. This invoice permits the board of a sanitation district, water and sanitation district, or metropolitan district to supply strong waste assortment and transportation, together with residential waste, whatever the district’s or county’s inhabitants measurement. District boards are additionally approved to impose charges and fees for this service, and will require district residents to make use of or pay person fees for residential waste companies. Stable waste assortment and transportation companies could also be supplied immediately by the district or by a 3rd occasion service supplier chosen by the district via a bidding course of. Districts should receive consent from the municipality, metropolis and county, or county previous to providing strong waste companies.
HB 20-1093 Regarding county authority to license and regulate short-term leases. This legislation offers a board of county commissioners authority to (i) undertake ordinances to license and regulate short-term rental house owners or house owners’ brokers who promote or hire the proprietor’s lodging unit as a short-term rental; and (ii) set the charges, phrases, and method for short-term license issuance and revocation. An “proprietor’s agent” doesn’t embody an web hospitality service.
Quite a lot of payments impacting enterprise regulation, native governments, housing, water assets, and different actual property issues handed and had been signed into legislation by Governor Polis.
HB 20-1155 Regarding new house builders’ requirement to supply choices for accommodating increased effectivity units. This invoice requires that homebuilders supply new house consumers the next choices in a house’s electrical or plumbing system: (i) a photo voltaic panel system or photo voltaic thermal system; (ii) the prewiring or preplumbing for these methods; and (iii) a chase or conduit to wire or plumb the house for these methods sooner or later. It additionally requires homebuilders supply new house consumers choices for electrical heating, in addition to no less than one of many following: (a) an electrical car charging system; (b) wiring upgrades to accommodate future set up of an electrical car charging system; or (c) a 208- to 240-volt alternating present plug-in situated in a spot accessible to a parking space.
HB 20-1201 Regarding cell house park house house owners’ alternative to buy the park underneath sure circumstances. This invoice provides house house owners in a cell house park the chance to purchase the park if the park proprietor plans to promote the park or change use of the park’s land. A park proprietor’s discover of a pending cell house park sale or land use change should be delivered to all house house owners throughout the cell house park, the municipality or county wherein the park is located, the Division of Housing within the Division of Native Affairs, and all associations representing cell house park residents, together with any house house owners’ associations or residents’ associations. This discover isn’t required when the proposed sale is to a member of the park proprietor’s household or one other particular person or entity carefully affiliated with the owner. Upon receiving this discover, cell house house owners have a 90-day window to barter an settlement to buy the park and to acquire a binding financing dedication.
HB 20-1095 Regarding the authority of native authorities grasp plans to incorporate water conservation insurance policies. This invoice requires a neighborhood authorities grasp plan containing a water provide aspect to additionally embody water conservation polices, which will likely be decided by the native authorities. These insurance policies can embody targets specified within the Colorado Water Plan; insurance policies may situation improvement approvals for subdivisions, deliberate unit developments, particular use permits, and zoning adjustments on the implementation of water conservation targets and different Colorado Water Plan targets. Moreover, the Division of Native Affairs is permitted to rent a full-time worker to supply academic assets and help to native governments that embody water conservation insurance policies of their grasp plans.
SB 20-155 Regarding protecting the presumption of noninjury for a effectively on divided land. This invoice maintains the rebuttable presumption that home use of a effectively exempt from the state engineer’s administration is not going to trigger materials damage to others’ vested water rights or to every other present wells within the occasion the land on which the effectively is situated is later divided into a number of parcels, supplied that effectively use meets sure necessities.
SB 20-048 Regarding a research to think about the strengthening of the prohibition on speculative appropriations of water. Present legislation prohibits speculative water appropriation. Hypothesis could also be evidenced the place an applicant doesn’t have (i) a legally vested curiosity or an affordable expectation of procuring a legally vested curiosity within the lands or services to be served by the appropriation, except the appropriator is a governmental company or an agent for these proposed to profit from the appropriation; or (ii) a particular plan and intent to divert, retailer, or in any other case seize, possess, and management a particular amount of water for particular useful makes use of. This invoice requires the manager director of the Division of Pure Sources to convene a piece group to discover strategies for strengthening present anti-speculation legislation. This group will report any really useful adjustments to the Water Sources Overview Committee in August 2021.
HB 20-1026 Regarding the creation of a twenty-third judicial district. This invoice removes Douglas, Elbert, and Lincoln counties from the eighteenth judicial district and creates a brand new twenty-third judicial district comprised of those counties; this leaves Arapahoe County as the only real county comprising the eighteenth judicial district. The twenty-third judicial district was created in response to the distinctive inhabitants progress and measurement of the eighteenth judicial district. This invoice specifies that the November 2024 election of district attorneys for the eighteenth and twenty third judicial districts will likely be determined by the electors of these districts. Moreover, district court docket judges up for retention within the eighteenth judicial district within the November 2024 election could stand for retention election from the electors of the eighteenth judicial district. District court docket judges serving within the present eighteenth judicial district who should not up for a retention election in November 2024 can proceed to serve within the judicial district the place they reside for the rest of their phrases.
HB 20-1318 Regarding the digital recording of plats of land. This invoice permits the county clerk and recorders to obtain and protect authentic plats for recording in an digital format. It additionally offers requirements for correct submission of plats, in each digital and authentic codecs, to the county clerk and recorder.
SB 20-047 Regarding an exemption from the definition of a “actual property appraisal” for analyses ready by monetary establishment brokers. This invoice updates the record of execs whose analyses are exempt from the definition of a “actual property appraisal” by including federal establishment and their associates’ brokers to this record; consequently, analyses by officers, administrators, usually salaried staff, and brokers of monetary establishments and their associates ready for inside use solely are exempt from the definition of a “actual property appraisal.”