Under existing law, the department of education (department) considers the performance of each school district and the state charter school institute (institute) on specified indicators when assigning accreditation categories. The bill creates a new performance indicator that measures the improvement achieved over the preceding 4 school years by a public school, school district, the state charter school institute, and the state as a whole in student scores on state assessments and in closing the achievement and growth gaps. The bill directs the state board of education (state board) and the department to place the greatest emphasis on the academic growth performance indicator when determining the appropriate accreditation category for each school district and the institute. Under existing law, the department may recommend that the state board remove a school district's or the institute's accreditation if the school district or institute is accredited with turnaround plan and fails to make substantial progress under the turnaround plan or the school district or institute is accredited with priority improvement plan or lower for 5 consecutive school years. If the state board removes accreditation, it specifies the corrective actions the school district or institute must take to be accredited again. The bill repeals the authority to remove a school district's or the institute's accreditation based on performance under a priority improvement or turnaround plan. If a school district or the institute fails to make substantial progress under a priority improvement or turnaround plan and is accredited with priority improvement plan or lower for 5 consecutive school years, the commissioner of education must assign the state review panel to critically evaluate the school district's or institute's performance and recommend one or more corrective actions. The state board must specify the corrective actions the school district or institute must take. (Note: This summary applies to this bill as introduced.)
Under current law: A generator of a waste tire pays a per tire fee, which the solid and hazardous waste commission can reduce by rule below its statutory level of $1.50. The fee is distributed as follows: 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund; To be eligible for a rebate from the end users fund for the use of whole waste tires, an end user must use the waste tire to generate energy or fuel; and Effective January 1, 2018, the waste tire fee is reduced to 55 cents, the end users fund and the waste tire market development fund will be repealed, and all of the money from the waste tire fee will be credited to the waste tire administration, enforcement, and cleanup fund. Section 1 of the bill includes within the definition of an 'end user' a person who uses a whole waste tire, when baled with other waste tires, for an agricultural purpose. Section 2 changes the amount of the waste tire fee and its allocation to the 3 funds as follows: Until December 31, 2021, the fee cannot exceed $1.50; From January 1, 2022 through December 31, 2022, the fee cannot exceed $1.25; On and after January 1, 2023, the fee cannot exceed $1; The state treasurer will distribute the fees as follows: Until December 31, 2021, 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund; Effective January 1, 2022 , through December 31, 2022, 36% to the waste tire administration, enforcement, and cleanup fund; 55% to the end users fund; and 9% to the waste tire market development fund; Effective January 1, 2023, through December 31, 2023, 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund; and On and after January 1, 2024, 45% to the waste tire administration, enforcement, and cleanup fund; and 55% to the waste tire market development fund. Section 3 extends the repeal date of the end users fund to January 1, 2024. Section 4 eliminates the January 1, 2018, repeal of the waste tire market development fund and modifies the grant and loan program financed by the fund to specify that: The commission must, by rule, allocate a minimum percentage of the fund's revenue to the grant and loan program; and If the recipient of a loan complies with the terms of the loan during an initial period, the loan converts to a grant.(Note: This summary applies to this bill as introduced.)
The bill requires the manufacturer or distributor to reimburse a motor vehicle dealer for any stop-sale directive from 90 days after the directive is issued until the vehicle is sold or a repair solution is provided. The reimbursement rate is one percent of the wholesale value per month. The duty to reimburse occurs when: The motor vehicle is a used motor vehicle; The motor vehicle dealer holds an active sales, service, and parts agreement with the manufacturer or distributor for the line-make of the used motor vehicle; The motor vehicle is in the motor vehicle dealer's inventory when the stop-sale directive is issued; and The manufacturer or distributor does not provide a remedy procedure or make a part available to repair the used motor vehicle for more than 90 days after the stop-sale directive is issued.(Note: This summary applies to this bill as introduced.)
The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by: Participating in a federal program that provides additional matching money to states; Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to: Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and Increase publicly funded insurance reimbursement rates to hospitals; and Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs. The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law. The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to: Charge and collect the fee from hospitals; Leverage fee revenue collected to obtain federal matching money; Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise; Issue revenue bonds payable from its revenues; Enter into agreements with HCPF as necessary to collect and expend fee revenue; Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals; and Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business. The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017. The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap. (Note: This summary applies to this bill as introduced.)
Sections 1 through 5. The bill allows a rural school district to hire a nonlicensed person to fill a vacant licensed teacher position if, after trying to fill the position with a licensed teacher, the board of education of the district passes a resolution declaring a critical shortage of licensed teachers. The hiring school district must provide professional development and support to the nonlicensed person. The nonlicensed person is subject to the same employment and evaluation provisions that apply to licensed teachers. Section 6. The bill creates a process and standard by which a rural school district, group of rural school districts, or board of cooperative services may obtain waivers of statutes and rules. (Note: This summary applies to this bill as introduced.)
The district attorney of each judicial district, with the approval of the boards of county commissioners comprising the district, currently fixes the salaries of any assistant district attorney, chief deputy district attorney, and deputy district attorney in the district. There are currently no minimum salary amounts in law for these positions. The bill establishes minimum salary amounts for these positions based upon the salary ranges of certain employees of the state public defender's office. The county or counties making up a judicial district currently pay the entire amount of the salaries of all deputy, chief deputy, and assistant district attorneys working in the district. The bill requires the state to pay a percentage of the salaries, starting at a lower percentage and scaling up to the following percentages after 4 years: Assistant district attorney - 80%; Chief deputy district attorney - 50%; Deputy district attorney - 20%. The bill allows the boards of county commissioners of the counties within a judicial district, in consultation with the district attorney, to make a one-time irrevocable election to require an assistant district attorney to become a member of the public employees' retirement association's defined benefit plan. In such case, the state would pay 80% and the counties would pay 20% of the employer contribution for an assistant district attorney. (Note: This summary applies to this bill as introduced.)
The bill requires the state housing board to work cooperatively with the Colorado housing and finance authority to promulgate rules that will result in the reduction of duplicative inspections required by low-income housing programs. (Note: This summary applies to this bill as introduced.)
If a court determines that a criminal defendant is currently serving in the United States armed forces or is a veteran of such forces (military defendant) and has been diagnosed as having any of certain mental health problems relating to his or her military service, the court shall: Order the person preparing the presentence report to consult with the federal department of veterans affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local program options; and Consider such treatment options, as well as the treatment recommendations of any diagnosing or treating mental health professionals, in imposing sentence. If the court determines that a military defendant suffers sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems during his or her service in the United States armed forces and the defendant is eligible for probation, the court shall consider such fact favorably in determining whether to grant probation and in assessing whether he or she should be ordered into a federal or community-based treatment service program. The bill allows a court to order the criminal conviction records of a military defendant to be sealed when certain conditions are satisfied. (Note: This summary applies to this bill as introduced.)
Currently, 'United States Mountain Standard Time' (MST) is the standard time within Colorado, except during the annual period of 'daylight saving time' (the second Sunday in March through the first Sunday in November), during which MST is advanced one hour. The bill makes daylight saving time the year-round standard time within the state, but takes effect only: If approved by Colorado voters in the November 2018 general election; and When the other states wholly or partially in the Mountain time zone also adopt permanent daylight saving time for the states or portions thereof within that time zone.(Note: This summary applies to this bill as introduced.)
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.)
The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must: Notify all unit owners; and Except when the HOA contracted with the developer or builder for the work complained of or the amount in controversy is less than $100,000, obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. The bill also limits the amount and type of contact that a developer or builder that is potentially subject to a lawsuit may have with individual unit owners while the HOA is seeking their approval for the lawsuit. (Note: This summary applies to this bill as introduced.)
The bill clarifies that high occupancy vehicle lanes are lanes on which a vehicle carrying 2 or more individuals, including the driver, may travel and that high occupancy toll lanes are lanes on which a vehicle carrying fewer than 2 individuals, including the driver, must pay a toll. The bill also raises the priority of currently unfunded projects to expand the capacity of interstate highway 25 between the town of Castle Rock and the town of Monument and between state highway 14 and state highway 66 (high priority projects) by: Requiring the department of transportation (CDOT) to put the high priority projects above all other unfunded projects on its priority list for project funding; Requiring all federal money received by CDOT that the federal government does not require to be allocated for other projects and that CDOT has not previously allocated for other projects to be used to fund the high priority projects before being used to fund other projects; and Requiring any environmental studies or other studies required to be completed before the high priority projects may begin to be completed no later than 6 months following the effective date of the bill and prohibiting study findings from being used to prevent the high priority projects from being undertaken.(Note: This summary applies to this bill as introduced.)
