At the 2016 general election, the voters of the state approved 2 initiated measures affecting primary elections: Proposition 107, which restored a presidential primary election, and Proposition 108, which allows participation by unaffiliated voters in primary elections. The bill makes several modifications to some of the statutory provisions that were affected by Propositions 107 and 108 in the following respects for the purpose of facilitating the effective implementation of the state's election laws: Section 1 of the bill adds to the list of questions that a prospective elector who is unaffiliated with a political party may answer prior to registering to vote by means of paper registration to include what political party, if any, whose primary election ballot the elector desires to receive in the mail. For a regular primary election, section 2 requires the county clerk and recorder to send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a mailing that contains the ballots of all the major political parties and eliminates the use of a single combined ballot for regular primary elections.. Section 3 requires the governor to consult the secretary of state (secretary) in selecting the date of the presidential primary election. This section requires, for a presidential primary election, the county clerk and recorder to send to all active electors in the county who have not declared an affiliation or provided a ballot preference with a political party a ballot packet that contains the ballots of all the major political parties as with a regular primary election; authorizes the secretary to adopt by rule additional ballot requirements to avoid voter confusion in presidential primary elections; and repeals provisions requiring the state to reimburse the counties for expenses incurred in connection with the preparation and conduct of presidential primary elections in lieu of the provisions in section 6. Section 4 moves the deadline by which a candidate in the presidential primary election is to submit to the secretary required filing materials to run in the primary election from the second day of January in the year of the primary election to 85 days before the date of the primary election. This section also requires challenges to the listing of a candidate on the presidential primary ballot to be filed with the district court, as with other election challenges, and not the secretary. . In the case of a primary mail ballot election, section 5 deletes an existing statutory requirement that a notice be sent advising eligible electors who are not affiliated with a political party of the ability to vote in the primary election of any political party. This section of the bill also modifies existing law requiring mail ballot packets in a primary mail ballot election to be mailed only to those active registered electors who are affiliated with a political party that is participating in the election to require that the mail ballot packet be mailed only to active registered electors. Section 6 requires the county clerk and recorder or designated election official to record in the statewide voter registration system the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the bill requires the county clerk and recorder to record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules. 7 requires the general assembly to appropriate money from the state's general fund to cover the costs of the election incurred by the state arising from the preparation and conduct of a presidential primary election. Section 8 appropriates $208,811 from the department of state cash fund for the 2017-18 state fiscal year. To implement the act, the department of state may use $180,456 of the appropriation for personal services for information technology services and $28,355 of the appropriation for operating expenses for the elections division.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes the center for research into substance use disorder prevention, treatment, and recovery support strategies at the university of Colorado health sciences center. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill repeals a performance-based funding plan for institutions of higher education (institutions) that was included in the master plan for Colorado postsecondary education. The performance-based funding plan was not implemented. The bill repeals the statutory provision requiring performance contracts between the department of higher education (department) and each institution, except for performance contracts with the Colorado school of mines and private institutions participating in the college opportunity fund program. Instead, the department and the public institutions shall affirm annually the institutions' contribution toward meeting master plan goals. The department shall report annually to legislative committees concerning the institutions' progress towards those goals using data collected for state and federal reporting and state funding purposes. The department shall post the information on its website. The bill makes conforming amendments relating to the repeal. The bill repeals a provision that allowed the Colorado commission on higher education (commission) to waive any provision of article 1 of title 23, Colorado Revised Statutes, for a governing board with a performance contract. The bill replaces this with provisions that modify statutory sections that are currently waived or modified for all the state higher education governing boards as part of their performance contracts. Specifically, the bill: Removes the requirement that an institution submit a proposal to obtain approval from the commission to create, modify, or discontinue an academic or vocational program, so long as the programs offered are consistent with the institution's statutory role and mission; Amends provisions relating to commission master plan approval and approval of capital construction projects. Under certain circumstances, and with the commission's approval, an institution is not required to seek facility master plan approval or approval of capital construction projects. Amends provisions related to student fees to enable the commission to waive fee policies. The bill makes other changes to commission responsibilities, including repealing an obsolete program for designating institutions' programs of excellence, allowing the commission to waive provisions relating to its oversight of graduate program duplication, requiring a report on student fees to continue indefinitely and to address student tuition, and modifying the commission's responsibilities related to the development of cooperative programs among state-supported institutions. (Note: This summary applies to this bill as introduced.)
Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is an outstanding judgment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies the intent of the general assembly for establishing a coordinated behavioral health crisis response system (crisis system). The crisis system is intended to be a comprehensive, appropriate, and preferred response to behavioral health crises in Colorado. By clarifying the role of the crisis system and making necessary enhancements, the bill puts systems in place to help Colorado end the use of jails and correctional facilities as placement options for individuals placed on emergency mental health holds if they have not also been charged with a crime and enhances the ability of emergency departments to serve individuals who are experiencing a behavioral health crisis. The crisis system is intended to provide an appropriate first line of response to individuals in need of an emergency 72-hour mental health hold. The statewide framework created by the crisis system strengthens community partnerships and ensures that first responders are equipped with a variety of options for addressing behavioral health crises that meet the needs of the individual in a clinically appropriate setting. The bill expands and strengthens the current crisis system in the following ways: Encourages crisis system contractors in each region to develop partnerships with the broad array of crisis intervention services in the region; Requires crisis system contractors to be responsible for community engagement, coordination, and system navigation for key partners in the crisis system. The goals of community coordination are to formalize key relationships within contractually defined regions, pursue collaborative programming for behavioral health services, and coordinate interventions as necessary with behavioral health crises in the region. Increases the ability of all crisis services facilities, including walk-in centers, acute treatment units, and crisis stabilization units within the crisis system, regardless of facility licensure, to adequately care for an individual brought to the facility in need of an emergency 72-hour mental health hold; Expands the ability of mobile response units to be available within 2 hours, either face-to-face or using telehealth operations for mobile crisis evaluations; Recognizes the obligations of hospitals and hospital-based emergency departments under federal law to screen and stabilize every patient who comes to the hospital-based emergency department, including those patients experiencing a behavioral health crisis; and Requires that, on or before January 1, 2018, all walk-in centers throughout the state be appropriately designated, adequately prepared, and properly staffed to accept an individual in need of an emergency 72-hour mental health hold. The department of human services (department) shall ensure consistent training for professionals who have regular contact with individuals who are experiencing a behavioral health crisis. The department shall conduct a needs and capacity assessment of the crisis system. The office of behavioral health is required to submit a report on or before November 1, 2017, and on or before May 1, 2018, concerning the status of funding, the use of new and existing resources, and the implementation of additional behavioral health crisis services. This report is separate and in addition to the information the department is required to provide concerning the crisis system in its annual SMART report to the general assembly. The bill removes language from statute that allows, at any time for any reason, an individual who is being held on an emergency 72-hour mental health hold to be detained or housed in a jail, lockup, or other place used for the confinement of persons charged with or convicted of criminal offenses. The effective date of this component of the bill is May 1, 2018. The bill requires annual reports to the department by each emergency services facility that has treated a person pursuant to an emergency 72-hour mental health hold. The reports must only include aggregate and nonidentifying information. The reports must include information on the names and counties of involved facilities; the total number of persons treated at the facility; a summary regarding the different reasons for which persons were treated at the facility; and a summary of the disposition of the persons transferred to a designated mental health facility. An appropriation from the marijuana tax cash fund is authorized. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill removes the authority of a board of education of a school district, a charter school, an institute charter school, and a school operated by a board of cooperative services (local education provider) to withhold records required for enrollment in another school or institution of higher education or a student's grades, transcripts, or diploma for failure to pay any fine or fee assessed by the local education provider, to return or replace textbooks or library resources, or to return other school property. The local education provider shall make reasonable efforts to obtain payment of an assessed fee or fine or payment for lost or damaged textbooks, library resources, or other school property. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill provides a nonstatutory legislative declaration about the changes in law set forth in section 2 of the bill. Section 2 directs the public utilities commission to adopt rules by which it will evaluate applications filed by Colorado's investor-owned natural gas utilities to acquire interests in natural gas reserves, which at a minimum must establish criteria for asset evaluation and application review and administration; except that an investor-owned utility's costs associated with any approved application may not be recovered through base rates. Section 3 adds a legislative declaration about the Colorado oil and gas commission's notice to operators to require operators in the state to identify and inspect flowlines within one thousand feet of a building unit to ensure and document integrity of flowlines statewide and to verify that any existing flowline that is not in active use be properly abandoned. This section also requires the commission to regularly report progress to the general assembly. Section 4 requires, as part of the electric resource planning process, each qualifying retail utility in Colorado to submit to the public utilities commission a proposal for a distribution resource plan. The section also requires the commission to review the proposal and either approve, modify and approve, or reject the plan for the qualifying retail utility. Section 5 repeals the wind for schools grant program. Section 6 repeals the renewable energy and energy efficiency for schools loan program. Section 7 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 8 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 9 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; Repeals certain programs for which the office is responsible; and Requires the director of the office and the executive director of the department of natural resources, or their designees, to convene stakeholders for one or more meetings before November 1, 2017, to identify voluntary methods to address funding shortfalls associated with the long-term management of abandoned oil and gas facilities. Section 10 renames the clean and renewable energy fund as the energy fund and continues the general fund transfer to the energy fund for 4 years and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 11 adds 4 years of funding for the innovative energy fund from the general fund and removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 12 clarifies that the electric vehicle grant fund may be used to offset costs associated with charging stations for electric vehicles. Section 13 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 14 repeals the green building incentive pilot program. Section 15 repeals the 'Colorado Clean Energy Finance Program Act'. Section 16 removes the office's responsibility to maintain a list of solar installers, the requirement for a builder to offer that list to customers, and the requirement for the office to offer training on solar installations. Section 17 removes a requirement for a 2018 study by the office on alternative fuel truck emissions. Section 18 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 19 removes the office as the administrator of the Colorado carbon fund special license plate. Section 20 increases the registration fee on electric motor vehicles and the portion of the fee that is earmarked for the highway users tax fund to offset the reduced gas tax collected as a result of the vehicle's increased efficiency. Current law authorizes a homeowner to finance certain energy efficiency improvements to the home through a loan pursuant to the property assessed clean energy program (PACE). PACE requires an applicant to file a title commitment on the home and a hearing must be held in order to seek a voluntary subordination of existing liens to PACE's junior lien. Sections 21 through 24 exempt a homeowner from the title commitment and hearing requirements if the owner is not seeking to subordinate the priority of existing liens and clarifies that housing authorities can use PACE as a completely voluntary assessment. Sections 25 and 26 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill enacts the 'Interstate Physical Therapy Licensure Compact Act' that allows physical therapists and physical therapist assistants licensed or certified in a compact member state to obtain a license or certificate to practice physical therapy in Colorado. The bill authorizes the physical therapy board to obtain fingerprints from applicants for a license or certification for the purposes of a fingerprint-based criminal history record check. The compact requires that the physical therapy board participate in the compact's data system and notify the compact commission of any adverse action taken by the board. Physical therapists and physical therapy assistants are subject to the requirements of the 'Michael Skolnik Medical Transparency Act of 2010'. $12,386 is appropriated to the department of regulatory agencies for use by the division of professions and occupations for implementation of the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database. The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur. (Note: This summary applies to this bill as introduced.)
The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications: All members and employees of the club must be 21 years of age or older; The club's employees must be Colorado residents; The club cannot sell or serve alcohol; The club cannot be a retail food establishment; A club owner shall not sell marijuana on the premises; and A club owner shall not permit the sale or exchange of marijuana for remuneration on the premises. The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects. Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.(Note: This summary applies to this bill as introduced.)
Section 1 of the bill continues the general fund transfer to the clean and renewable energy fund for one year. Section 2 adds one year of funding for the innovative energy fund from the general fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
