Unlawful sexual conduct by a peace officer - new offense - sex offender registration required - appropriation - applicability. The act creates the offense of unlawful sexual conduct by a peace officer. A peace officer commits the offense when he or she knowingly engages in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances: When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties; When the peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority. Unlawful sexual conduct by a peace officer is a class 4 felony when the offense is committed by sexual contact and is a class 3 felony when the offense is committed by sexual intrusion or sexual penetration. An offender convicted of unlawful sexual conduct by a peace officer is required to register as a sex offender. An offender convicted of class 3 felony unlawful sexual conduct by a peace officer is subject to lifetime supervision. To comply with the statutorily required 5-year prison appropriation, the act appropriates: For the 2019-20 state fiscal year, $178,471 from the capital construction fund to the corrections expansion reserve fund; For the 2020-21 state fiscal year, $39,701 to the department of corrections from the general fund; For the 2021-22 state fiscal year, $43,916 to the department of corrections from the general fund; For the 2022-23 state fiscal year, $43,311 to the department of corrections from the general fund; For the 2023-24 state fiscal year, $41,491 to the department of corrections from the general fund.(Note: This summary applies to this bill as enacted.) Read More
Victim notification - eliminate opt-in. With certain exceptions, the act eliminates requirements that victims must opt in to effect their rights in criminal proceedings involving their alleged offender or offender. This act appropriates $784,542 to the department for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
Restorative justice coordinating council - expenses reimbursement. Under current law, members of the restorative justice coordinating council may not be reimbursed for expenses. The act allows reimbursement of expenses.(Note: This summary applies to this bill as enacted.) Read More
Procurement - construction bidding for public projects - apprenticeship utilization requirements - prevailing wage requirements. The general contractor for a public project that does not receive federal money, including an integrated project delivery contract, in the amount of $1 million or more, is required to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the contracting agency that: Identifies the contractors or subcontractors that will be used for specified aspects of the public project; and Certifies that all firms identified participate in apprenticeship programs registered with the United states department of labor's employment and training administration or state apprenticeship councils recognized by the United States department of labor and have a proven record of graduating apprentices at specified rates. The contracting agency is required to make the documentation available to the public on its website. After evaluating submitted bids, a contracting agency may waive the apprenticeship utilization requirements if there is substantial evidence that there were no responsive, eligible subcontractors available to fulfil the mechanical, electrical, or plumbing portions of the contract. A contracting agency is required make public all waivers and the specific rationale for granting the waiver. An apprenticeship program that does not satisfy the specified apprenticeship program requirements may petition the department of labor and employment for conditional approval under specified circumstances. The apprenticeship utilization requirements do not apply to the department of transportation. Any contractor who is awarded a contract for a public project, including an integrated project delivery contract, by an agency of government for $500,000 or more, and any subcontractors working on the public project, are required to pay their employees a prevailing wage at weekly intervals and are required to comply with prevailing wage enforcement provisions. This requirement does not apply to contracts that include federal money and does not apply to the department of transportation; except that the department of transportation is required to pay employees performing work on public projects, regardless of the amount of funding source of the project, in accordance with the federal "Davis-Bacon Act". Before awarding a contract for a public project, an agency of government is required to obtain the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and education funds in the state (wages) for each employee needed to execute the contract for the public project. An agency of government is required to specify in the competitive solicitation for a public project and in the contract for such public project the general prevailing rate of the wages paid in the geographic locality for each employee needed to execute the contract. The contract is also required to include other specified information regarding the payment of wages. If the contractor or subcontractor fails to pay wages as are required by the contract, the contracting agency of government is not allowed to approve a warrant or demand for payment to the contractor until the contractor provides evidence that the wages have been paid. The executive director of the department of personnel is required to determine the applicable prevailing wage for public projects and is required to use appropriate wage determinations issued by the United States department of labor in accordance with the federal "Davis-Bacon Act" to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project. Each contractor awarded a contract for a public project and each subcontractor who performs work on the public project is required to post in conspicuous places on the job site posters that contain the current prevailing rate of wages to execute the contract and the rights and remedies of any employee for nonpayment of any wages earned. The executive director of the department of personnel is required to provide the posters to contractors and subcontractors. The executive director of the department of personnel is required to establish a separate apprenticeship contribution rate under the prevailing wage requirements. Enforcement provisions, overseen by the department of labor and employment, are implemented for violations of the prevailing wage requirements. An employee or former employee of a contractor or subcontractor is allowed to bring a civil action for a violation of the prevailing wage requirements. (Note: This summary applies to this bill as enacted.) Read More
History and civil government - history, culture, social contributions, and civil government in education commission - appropriation. The act mandates funding instruction in public schools of history and civil government of the United States and Colorado, including but not limited to the history, culture, and social contributions of American Indians, Latinos, African Americans, and Asian Americans; lesbian, gay, bisexual, and transgender individuals within these minority groups; the intersectionality of significant social and cultural features within these communities; and the contributions and persecution of religious minorities. Current law requires school districts to convene community forums to discuss the content standards in history and civil government at least once every 10 years. The act requires the forums to be held at least every 6 years. The history, culture, social contributions, and civil government in education commission is established to make recommendations to the state board of education when the state board performs its scheduled 6-year review of education standards so that those standards and programs accurately reflect the history, culture, social contributions, and civil government of the United States and Colorado, including the contributions and influence of American Indians, Latinos, African Americans, and Asian Americans; lesbian, gay, bisexual, and transgender individuals within these minority groups; the intersectionality of significant social and cultural features within these communities; and the contributions and persecution of religious minorities. For the 2019-20 state fiscal year, the act makes an appropriation of $37,495 from the state education fund to the department of education for content specialists. (Note: This summary applies to this bill as enacted.) Read More
Background checks - access to child abuse and neglect records - individuals who work with children - required fingerprint-based background checks. Current law specifies what entities and agencies have access to child abuse or neglect records and reports. The act adds to that list the department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include the care of children, treatment of children, supervision of children, or unsupervised contact with children. The act requires a fingerprint-based criminal history record check for the following: Child care center employees under 18 years of age; Out-of-state employees working at a child care center in a temporary capacity; and All owners, employees, volunteers, and adults residing in a family child care home.(Note: This summary applies to this bill as enacted.) Read More
State prisons - bed shortages - CSP II - input from prison population interim committee. Under current law, the Centennial south campus of the Centennial correctional facility (CSP II) is not available to house inmates. The act allows CSP II to be used to house inmates when the state male prison vacant bed rate, excluding RTP treatment beds, remains below one percent vacancy for 2 consecutive months. Once the prison population surpasses one percent vacancy, the department of corrections (department) shall transfer any inmates housed in CSP II to an appropriate facility under the department's control within 30 calendar days. No more than 126 inmates may be housed at CSP II. The department shall report the use of CSP II to the joint budget committee and the judiciary committees of the senate and the house of representatives, or any successor committees, within 5 calendar days after the use and will make monthly reports during its use. The act requires the department to consider input from the prison population management interim committee regarding: Strategies to safely reduce the prison population and reduce recidivism; and Prison use analysis. These provisions repeal September 1, 2020. (Note: This summary applies to this bill as enacted.) Read More
Colorado second chance scholarship program - appropriation. The act creates the Colorado second chance scholarship program (scholarship program) in the department of higher education for youth previously committed to the division of youth services in the department of human services. The act requires the executive director of the commission on higher education to appoint a program coordinator to counsel and support scholarship recipients. The act also creates an advisory board to establish the scholarship criteria and select scholarship recipients. The act appropriates $305,145 from the general fund to the department of higher education for the scholarship program. (Note: This summary applies to this bill as enacted.) Read More
Automotive sales - business disposal license - grounds for discipline - right of action for loss - appropriation. The act creates a business disposal license for a business to sell its used vehicles if the vehicle sales do not exceed 20% of the business's gross revenue. The vehicles must not be passenger vehicles. The act also authorizes the motor vehicle dealer board to deny, suspend, or revoke a business disposal license for the following: A material misstatement in an application; Violating several classes of laws dealing with motor vehicle sales and commerce; Having been convicted of certain crimes; Engaging in various types of fraudulent activities; Failing to perform a written agreement; Failing to make the required disclosures; Misleading or inaccurate advertising; Representing or selling as new a used motor vehicle; Selling a defective vehicle unless sold as a tow-away and not to be driven or selling, acquiring, or disposing of a stolen vehicle; Failing to notify a prospective buyer of the acceptance or rejection of a motor vehicle purchase order agreement within a reasonable period when on a finance sale or a consignment sale; Failing to maintain a place of business with a fixed address and full-time employees; and Failing to post a bond. A person has a right of action against a business disposer and the surety upon a disposer's bond if the disposer commits a fraudulent act or violates the laws governing motor vehicle dealers. To implement the act, $14,000 is appropriated from the auto dealers license fund to the department of revenue for use by the motor vehicle dealer licensing board. (Note: This summary applies to this bill as enacted.) Read More
Driver's licenses and other identification documents - persons not lawfully present - appropriation. The act requires the department of revenue to issue identification documents, such as driver's licenses, at 10 or more offices geographically distributed throughout the state. The new offices are phased in, so that the department will have 8 offices open by January 1, 2020, and 10 offices open by July 1, 2020. $1,737,800 is appropriated to the department of revenue from the licensing services cash fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Registrations and certificates of title - electronic issuance - appropriation. To electronically issue registrations and certificates of title, the act appropriates $1,187,502 out of gifts, grants, and donations and to the department of revenue for the 2019-20 and 2020-21 state fiscal years.(Note: This summary applies to this bill as enacted.) Read More
Minimum wage - local government to establish - limitations - enforcement - reports - eligible nursing facility provider reimbursement. The act allows a unit of local government to establish a minimum wage for individuals performing, or expected to perform, 4 or more hours of work for an employer in the local government's jurisdiction. A minimum wage established by a local government is subject to the following limitations: Prior to enacting a minimum wage law, the local government is required to consult with surrounding local governments and various stakeholders; A minimum wage established by a local government must provide a tip offset equal to the tip offset provided in the state constitution; The minimum wage law must not apply to time spent in a local government's jurisdiction solely for the purpose of traveling through the jurisdiction to a destination outside of the local government's boundaries; All employed adult employees and emancipated minors shall be paid not less than the enacted minimum wage; A local minimum wage increase must take effect on the same date as a scheduled increase to the statewide minimum wage; and If a local minimum wage exceeds the statewide minimum wage, the local government may only increase the local minimum wage each year by up to $1.75 or 15%, whichever is higher. A local government that enacts a minimum wage law may adopt provisions for the local enforcement of the law. By July 1, 2021, the executive director of the department of labor and employment is required to issue a written report regarding local minimum wage laws in the state. If notified by the executive director of the department of labor and employment that a local government has enacted a minimum wage that exceeds the statewide minimum wage, the executive director of the department of health care policy and financing is required to submit a report to the joint budget committee with certain recommendations related to provider rates. If 10% of local governments enact local minimum wage laws, a local government that has not enacted a local minimum wage law is prohibited from enacting a local minimum wage law until the general assembly has given authorization for additional local minimum wage laws by amending this act. The executive director of the department of health care policy and financing is required to establish a process for eligible nursing facility providers to apply for a local minimum wage enhancement payment to be used to increase the compensation of its employees whenever a local government increases its minimum wage above the statewide minimum wage. (Note: This summary applies to this bill as enacted.) Read More
