Current law requires each person who is convicted of a crime against a child to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs. The bill adds the crime of human trafficking of a minor for sexual servitude to the definition of crime against a child for purposes of the surcharge. For a class 2 felony, the amount of the fine is $1,500. The bill states that if the class 2 felony is for human trafficking of a minor for involuntary servitude or for human trafficking of a minor for sexual servitude, then the amount of the fine is $3,000. Additionally, in cases where an offender is required to pay the new surcharge, the court is encouraged to delay any finding of indigence until 6 months after the offender's conviction, at which time the court may require the defendant or defendant's counsel to submit documents that substantiate the defendant's indigence. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the department of education (department) to research approaches, policies, and practices in other states related to bullying prevention and education, and to develop a model bullying prevention and education policy after considering its research. The department is required to publish the results of that research and its model policy on the department's website by July 1, 2019, as guidance for school districts, charter schools, and the charter school institute in developing and implementing bullying prevention and education policies. The research and model policy must be updated and published every 3 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill modifies and clarifies certain aspects of the foreclosure process on property encumbered by a deed of trust as follows: Eliminates the authority of the attorney for a holder of an evidence of debt (holder) to specify the newspaper used to publish foreclosure notices; Allows an amended combined notice to be omitted in a specified circumstances when the notice is provided by the sheriff or public trustee conducting the foreclosure (officer); Modifies the amount of the deposit required for the fees and costs of the public trustee; Omits a statement notifying borrowers of their ability to file a complaint if they believe a lender or servicer has violated certain requirements from the portions of a combined notice that must be published; Makes changes to the bid form used by holders; Clarifies the amount to be paid to the officer if the holder bids an amount that exceeds the amount due to the holder; Prorates the amount of insurance premiums that may be claimed as costs; Further specifies and modifies the procedures for restarting a foreclosure proceeding when a property is subject to a federal bankruptcy case or if a sale has been enjoined or set aside by a court; Specifies the interest and other amounts that may be charged by the holder of a certificate of purchase when property is redeemed; and Clarifies the procedure for junior subsequent lienors to redeem a property.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill prohibits a licensed physician specializing in psychiatry or a licensed, certified, or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. A licensee who engages in these efforts is subject to disciplinary action by the appropriate licensing board. 'Conversion therapy' means efforts that seek to change an individual's sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44, section 2 relocates laws related to the regulation of alcohol beverages from title 12 to the new title, and section 3 repeals the relocated laws from their current location. Sections 4 through 25 make conforming amendments. Section 26 appropriates $3,091 for the 2018-19 fiscal year from the liquor enforcement division and state licensing authority cash fund to the department of revenue for use by the liquor and tobacco enforcement division to implement the bill, allocated as follows: (a) $2,400 for personal services; and (b) $691 for operating expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Water Resources Review Committee. Section 3 of the bill updates a legislative declaration concerning aquatic nuisance species to encourage the federal government to dedicate sufficient funding and resources to the detection, prevention, control, and eradication of aquatic nuisance species for federally owned or managed aquatic resources and water infrastructure in Colorado. Section 4 defines 'motorboat' and 'sailboat'. Section 5 authorizes the division of parks and wildlife (division) to seek reimbursement from a conveyance owner (i.e., motor vehicles, trailers, and watercraft) for the storage and decontamination of a conveyance that has been impounded and quarantined due to the suspected presence of an aquatic nuisance species. Section 6 requires an in-state resident registering a motorboat or sailboat in Colorado for use on or after January 1, 2019, to pay a $25 fee for an aquatic nuisance species stamp in addition to the watercraft registration fee. A nonresident using a motorboat or sailboat in waters of the state on or after January 1, 2019, is required to pay a $50 fee for an aquatic nuisance species stamp. Section 7 increases penalties related to aquatic nuisance species and creates new penalties for failing to purchase an aquatic nuisance species stamp; failing to comply with a qualified peace officer's or an authorized agent's request to stop, detain, and inspect a vessel; and launching a vessel without first obtaining a vessel inspection at an aquatic nuisance species check station. Section 8 combines the division of parks and outdoor recreation aquatic nuisance species fund and the division of wildlife aquatic nuisance species fund into a single fund: The division of parks and wildlife aquatic nuisance species fund. Sections 1, 2, 9, and 10 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that if the department of corrections (department) relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed. This disclosure requirement does not apply if: The inmate is a witness and the executive director of the department (executive director) determines that disclosing the inmate's location would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; The registered victim is currently incarcerated; or The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the inmate's location poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. If the department relocates an inmate and the executive director determines that any of these factors applies, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney: That the inmate has been relocated; and Which of the factors the executive director has determined applies. If the prosecuting attorney agrees with the executive director's determination that a factor applies, then the prosecuting attorney shall confirm the executive director's determination in writing, the department shall retain such written confirmation, and the department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that: The inmate has been relocated; and The department is unable to disclose the inmate's location because one of the factors applies. If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has 30 days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill authorizes a supplemental payment of state-only money to providers under the medicaid program of certain office-administered drugs relating to oncology who experienced a decrease in aggregate reimbursements in the 2017-18 fiscal year as a result of the implementation of the federal department of health and human services final rule for covered outpatient drugs, 81 FR 5169, published in the federal register on February 1, 2016. The bill directs the department of health care policy and financing (department) to distribute a supplemental payment to qualified providers, as defined in the bill, and includes provisions for determining the amount of each qualified provider's supplemental payment. The bill authorizes the medical services board to adopt rules as necessary. The bill appropriates general fund money to the department for the supplemental payment to qualified providers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The bill allows a person to petition the court for an order that discontinues the requirement for registration for offense classifications that would not be required to register for if convicted in Colorado. In addition, a registrant is required to register in person at his or her local law enforcement agency. The bill allows the law enforcement agency to waive the in-person registration requirement after initial registration if the person suffers from a chronic physical or intellectual disability to the extent that it is a severe hardship to register in person and there is a medical record of the disability. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the person registers. Under current law, specified registrants can file a petition to discontinue registration. The bill requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior. Notwithstanding any statutory barriers to the contrary, the bill allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is permanently incapacitated and does not present an unreasonable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unreasonable public safety risk, and is not likely to commit a subsequent sex offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill authorizes the general assembly to appropriate general fund money to the department of health care policy and financing (department) to pay for expenses related to the all-payer health claims database (database). The bill also establishes a grant program to assist nonprofit organizations and governmental entities, other than the department, in accessing the database to conduct research. The bill authorizes the advisory committee to oversee the database, review grant applications, and recommend to the department which grant applications to fund and the amount of each grant. The department is authorized to develop and review grant applications and determine which grant applications to fund and the amount of each grant. The medical services board is authorized to adopt rules governing the grant program. The bill appropriates money to the department to pay for the database and the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law provides 2 definitions by which an offender in the custody of the department of corrections (department) may be considered a 'special needs offender'. The first definition describes a person 'who is 60 years of age or older and has been diagnosed by a licensed health care provider who is employed by or under contract with the department as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder and the department or the state board of parole (parole board) determines that the person is incapacitated to the extent that he or she is not likely to pose a risk to public safety'. The bill amends this definition by changing '60 years' to '55 years'. The bill also adds a third definition by which such an offender may be considered a 'special needs offender'. That is, an offender who, as determined by a licensed health care provider who is employed by or under contract with the department, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, does not have a substantial probability of being restored to competency for the completion of any sentence and is not likely to pose a risk to public safety. Under current law, if the department recommends to the parole board that an offender be released to parole as a special needs offender, the parole board may deny parole only by a majority vote of the parole board. The bill states that to deny parole under such conditions, the parole board must also make a finding that granting parole would create a threat to public safety and that the offender is likely to commit an offense. The bill states that if, prior to or during any parole hearing, the parole board or any member of the parole board has a substantial and good-faith reason to believe that the offender is incompetent to proceed, the parole board shall suspend all proceedings and notify the trial court that imposed any active sentence, and the court shall determine the competency or incompetency of the offender. The court shall appoint counsel to represent the offender with respect to the determination of competency, but the presence of the offender is not required for any court proceedings unless good cause is shown. For any offender who is granted special needs parole, the parole board shall set the length of the parole for an appropriate time period of at least 6 months but not exceeding 36 months. At any time during such an offender's parole, the parole board may revise the duration of the offender's parole. However, in no case may such an offender be required to serve a period of parole in excess of the period of parole to which he or she would otherwise be sentenced, or 36 months, whichever is less. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill requires oil and gas operators to file written reports with the Colorado oil and gas conservation commission and other affected stakeholders for each major and minor 'reportable event'. Operators must also give oral notice of major reportable events. A 'major reportable event' includes an incident involving: The unauthorized release of more than 25 barrels of oil, produced water, oilfield chemicals, or exploration and production waste; and The unauthorized flaring, venting, or wasting of: More than 500,000 cubic feet of gas at any drilling or producing well site or at any injection or disposal facility; or More than 1,500,000 cubic feet of gas at any transportation, gathering, or processing facility; A fire that consumes at least these volumes of liquid or gas; A spill, venting, or fire, regardless of the volume involved, that occurs within 500 feet of: A sensitive area, as that term is defined by rule; or A park, recreation site, wildlife refuge, lake, reservoir, stream, or urban or suburban area; An accident that involves a fatal injury; A blowout or loss of control of a well; and An uncontrolled release of gas containing 100 or more parts per million of hydrogen sulfide. A 'minor reportable event' includes an incident involving: The unauthorized release of more than 5 barrels and up to 25 barrels of oil, produced water, oilfield chemicals, or exploration and production waste; The unauthorized flaring, venting, or wasting of more than 50,000 cubic feet and up to 500,000 cubic feet of gas at a drilling or producing well site or at an injection or disposal facility; The unauthorized venting or wasting of more than 50,000 cubic feet and up to 1,500,000 cubic feet of gas at a transportation, gathering, or processing facility; Any uncontrolled fire or explosion; and An accident involving serious bodily injury. The commission will post the reports, notifications, and an annual summary on its website in a database that is searchable by operator, location, type of event, date, and other criteria established by the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
