Colorado Bills

Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act. The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential: A seniority system; A merit system; A system that measures earnings by quantity or quality of production; The geographic location where the work is performed; Education, training, or experience to the extent that they are reasonably related to the work in question; or Travel, if the travel is a regular and necessary condition of the work performed. The act prohibits an employer from: Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment; Relying on a prior wage rate to determine a wage rate; Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history; Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate. The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation. Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim. (Note: This summary applies to this bill as enacted.) Read More

Peace officers - certification revocation - appropriation. The peace officers standards and training board (P.O.S.T. board), which certifies peace officers, is required to revoke the certification of a peace officer if: The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace officer that the peace officer knowingly made an untruthful statement concerning a material fact or omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; The law enforcement agency certifies that it completed an administrative process, including any appeals process, defined by a published policy of the law enforcement agency and through that process, the law enforcement agency determined by a clear and convincing standard of the evidence that the officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and The P.O.S.T. board notifies the officer that it has received the notification from the law enforcement agency and either the officer does not request a P.O.S.T. board hearing or the P.O.S.T. board has determined, after conducting a hearing requested by the officer, that the officer knowingly made the untruthful statement or omitted a material fact. The law enforcement agency official submitting the notification to the P.O.S.T. board must attest, under penalty of perjury or revocation of the official's P.O.S.T. board certification, that the statements on the submitted notification form are true, correct, and complete. A person whose P.O.S.T. certification is revoked may appeal the revocation in accordance with rules of the P.O.S.T. board and may seek judicial review pursuant to the "State Administrative Procedure Act". The act appropriates $40,056 to the department of law from the P.O.S.T board cash fund and 0.6 FTE for peace officers standards and training board support. (Note: This summary applies to this bill as enacted.) Read More

Prescription insulin drugs - 30-day supply - cost-sharing cap - appropriation. Effective January 1, 2020, the act caps the cost sharing a covered person is required to pay for prescription insulin drugs at $100 per 30-day supply of insulin. The act requires the department of law to investigate the pricing of prescription insulin drugs and submit a report of its findings to the governor, the commissioner of insurance, and the judiciary committees of the senate and house of representatives. $26,054 is appropriated to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Public school capital construction - increase in state financial assistance - adjustment to formula for determining total financial assistance for charter schools - financial assistance for full-day kindergarten facilities - appropriations. Law in effect before May 21, 2019, required the greater of the first $40 million of state retail marijuana excise tax revenue or 90% of the revenue to be credited to the public school capital construction assistance fund (assistance fund) and limited the maximum total amount of annual lease payments payable by the state under the terms of all outstanding lease-purchase agreements entered into as authorized by the "Building Excellent Schools Today Act" (BEST) to $100 million. Beginning July 1, 2019, the act: Requires all state retail marijuana excise tax revenue to be credited to the assistance fund; Increases the maximum total amount of BEST annual lease payments to $105 million for state fiscal year 2019-20 and to $110 million for state fiscal year 2020-21 and each state fiscal year thereafter; Changes the percentage of the state retail marijuana excise tax revenue credited to the assistance fund that is further credited to the charter school facilities assistance account of the assistance fund for distribution to charter schools from 12.5% to a percentage equal to the percentage of pupil enrollment statewide represented by pupils who were enrolled in charter schools for the prior school year; and Changes the total amount of money annually appropriated from the state education fund for charter school capital construction from a flat amount of $20 million per year to $20 million per year annually adjusted for changes in the percentage of students included in the statewide funded pupil count who are enrolled in charter schools. The act also: During state fiscal year 2018-19, transfers $4.25 million from the assistance fund to the charter school facilities assistance account of the assistance fund; For state fiscal year 2020-21, requires the general assembly to appropriate $160 million from the assistance fund for use by the public school capital construction assistance board (BEST board) in providing financial assistance for public school capital construction in the form of BEST matching cash grants only; On July 1, 2019, transfers $25 million from the assistance fund to the full-day kindergarten facility capital construction fund (kindergarten facility fund); Requires the BEST board to accept applications from applicants that will provide a full-day kindergarten educational program for the 2019-20 school budget year (state fiscal year 2019-20) for formula-based grants for that budget year of the $25 million transferred to the kindergarten facility fund and authorizes applicants to spend the grants to acquire furniture, fixtures, or other fixed or moveable equipment, excluding construction equipment, that is needed to conduct a full-day kindergarten educational program or a preschool educational program; Specifies a grant distribution formula that takes into account an applicant's per pupil funding, size factor, and percentages of enrolled pupils who are eligible for free or reduced price lunch, are English language learners, or are special education students; Requires any of the $25 million that is not actually distributed as grants during the 2019-20 school budget year due to some eligible applicants not applying for grants or applying for grants in amounts that are less than the amount that the distribution formula would otherwise provide to be transferred back to the assistance fund; Increases the state fiscal year 2018-19 appropriation from the charter school facilities assistance account of the assistance fund to the department of education for state aid for charter school facilities by $4.25 million; and Makes appropriations for state fiscal year 2019-20 as follows: $50 million from the assistance fund to the department of education for BEST matching cash grants; $25 million from the kindergarten facility fund to the department of education for the formula-based grants authorized by the act; $5 million from the assistance fund to the department of education for the increased BEST annual lease payments authorized by the act; and $656,559 from the state education fund to the department of education for state aid to charter school facilities.(Note: This summary applies to this bill as enacted.) Read More

Full-day kindergarten - funding - appropriation. Before passage of the act, the school finance formula provided funding for half-day kindergarten educational programs plus a small additional amount of supplemental kindergarten funding. The act provides funding through the school finance formula for full-day kindergarten educational programs. A student enrolled in a full-day kindergarten educational program will be funded at the same amount as students enrolled full-time in other grades. A student enrolled in a half-day kindergarten educational program will be funded as a half-day student plus the existing amount of supplemental kindergarten funding. Before passage of the act, many school districts charged parents of students enrolled in full-day kindergarten a fee to fund the full-day kindergarten educational program. After passage of the act, a school district or a charter school that provides a full-day kindergarten educational program shall not charge fees for attending kindergarten other than those fees that are routinely charged to parents of students enrolled in other grades and are applicable to the kindergarten educational program. However, if the general assembly stops funding kindergarten students as full-time pupils, then a school district or charter school may resume charging a fee or tuition for the unfunded portion of the school day. Before passage of the act, a school district was authorized to use a half-day preschool position to enroll a child in full-day kindergarten. The act prohibits using a preschool position to enroll a child in full-day kindergarten. A school district that used preschool positions in this manner in the 2018-19 budget year will retain the positions in the 2019-20 budget year and budget years thereafter to the extent the school district fills the positions with preschool students. The act directs a school district that is not offering a full-day kindergarten educational program as of the 2019-20 school year to submit a plan to the department of education addressing how it could phase in a full-day kindergarten educational program, but a school district is not required to offer a full-day kindergarten educational program. If a charter school seeks to expand an existing half-day kindergarten educational program to full day, it must notify the charter authorizer and amend the charter contract, if necessary. If the authorizer objects to the program expansion, the charter school and the authorizer must negotiate a change to the charter contract. If the parties cannot agree, the charter school may appeal the issue to the state board of education for a determination. Any renegotiation of the charter school's contract must be limited to the issue of expanding the kindergarten educational program. For the 2019-20 state fiscal year, the act appropriates $182,911,699 to the department of education for the state share of total program funding associated with full-day kindergarten programs. The act also appropriates $25,094 to the department of human services for child care licensing and administration. (Note: This summary applies to this bill as enacted.) Read More

Residential mental health facility - pilot program - appropriation. The act creates a new 3-year mental health facility pilot program to provide residential care, treatment, and services to persons with either a mental health diagnosis or a physical health diagnosis. It contains requirements for applicants and directs the department of public health and environment (department) to select one or 2 applicants for the pilot program. The act appropriates $30,370 to the department for use by the health facilities and emergency medical services division. (Note: This summary applies to this bill as enacted.) Read More

Competency to proceed - timing - services - reports - tracking system - placement guidelines - training - immunity - appropriations. When a defendant's competency to proceed is raised, the act: Changes the timing of various matters; Clarifies where restoration services are to be provided; Expands the requirements for a competency evaluation report; and Clarifies when defendants are to be released following an evaluation or restoration services. The act requires the department of human services to: Develop an electronic system to track the status of defendants for whom competency to proceed has been raised; Convene a group of experts to create a placement guideline for use in determining where restoration services should be provided; and Partner with an institution of higher education to develop and provide training in competency evaluations. On and after January 1, 2020, except for certain certified or certification-eligible evaluators, competency evaluators are required to have attended training. District attorneys, public defenders, and alternate defense counsel are also to receive training on competency to proceed. The act also provides that a competency evaluator is not liable for damages in any civil action for failure to warn or protect a specific person or persons against the violent behavior of a defendant being evaluated. The act appropriates $10,983,000 from the general fund to pay for fines, liquidated damages, costs, attorney fees, and special master compensation due to a consent decree agreed to by the state. It also appropriates additional money from the general fund and from reappropriated funds to the department of human services and the judicial department to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Dialysis care - hemodialysis clinics and technicians - continuation under sunset law - regulation - supervision by licensed professional nurses. The act implements recommendations in the 2018 sunset review and report by the department of regulatory agencies by continuing the regulation of dialysis clinics and hemodialysis technicians by the department of public health and environment for 7 years, until 2026. The act deletes obsolete language in the law regulating dialysis treatment clinics and hemodialysis technicians and updates references to nurses who are permitted to supervise hemodialysis technicians. (Note: This summary applies to this bill as enacted.) Read More

Advisory council for parent involvement in education - continuation - appropriation. The act continues the state advisory council for parent involvement in education ("council") for five years. The act changes the number of persons appointed to the council from 5 parents to one parent from each congressional district. The council is scheduled for a sunset review prior to repeal in September 2024. The act appropriates $2,000 to the department of education from the general fund for accountability and improvement planning. (Note: This summary applies to this bill as enacted.) Read More

Registration - special license plates - professional fire fighters - appropriation. The act creates a Colorado professional fire fighters license plate. To be issued the plate, a qualified applicant must pay 2 one-time $25 fees and make a donation to a nonprofit organization selected by the department of revenue. To implement the act, $56,364 is appropriated to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More

Child welfare - permanency hearing - burden of proof - clarifications. The act repeals and reenacts the provisions related to child welfare permanency hearings to reorganize the statutes and use consistent terminology related to permanency hearings. The act clarifies the burden of proof at permanency hearings. The act includes recent federal law changes.(Note: This summary applies to this bill as enacted.) Read More

Regulation of public livestock markets - continuation under sunset law - licensure. The automatic termination date of the regulation of public livestock markets is extended until 2034 pursuant to sunset law. Section 3 repeals a requirement that an applicant for a license prove financial stability, business integrity, and fiduciary responsibility and to provide a statement of assets and liability. Section 4 repeals a requirement that a licensed livestock market meet several size and premises standards. Section 4 replaces this with a requirement that a premises have adequate facilities necessary to operate a public livestock market. Sections 5 and 6 repeal provisions that imply that the state board of stock inspection commissioners regulate the sanitation of public livestock markets. Section 7 clarifies that the veterinarian who inspects livestock at a public livestock market is not employed by the department of agriculture and that livestock is inspected, not examined, for clinical signs of injury or disease. Section 7 also requires the veterinarian to be accredited. (Note: This summary applies to this bill as enacted.) Read More