Under current law, the accreditation for school districts and the state charter school institute (institute) and the level of performance for public schools is based on the attainment of specified performance indicators. The bill creates an additional performance indicator that measures the degree to which a public school, a school district, or the institute provides access to courses or educational programs in dance, drama and theater, music, and visual arts. The state board of education must adopt rules by which a public school, a school district, or the institute will receive additional credit toward the accreditation or performance ratings based on the arts performance indicator. (Note: This summary applies to this bill as introduced.)
The total tax on tobacco products is 40% of the manufacturer's list price, which is based on a manufacturer's or supplier's invoice price to a distributor. The bill permits a distributor to use the price that the tobacco product is sold to the first importer of record or first manufacturer of record as the manufacturer's list price, if the distributor is able to provide the department of revenue with evidence of this price. (Note: This summary applies to this bill as introduced.)
Under current law, the state board of education (state board) must, by July 1, 2018, review and revise, as necessary, the state academic standards. The bill directs the state board, in the course of revising the academic standards, to incorporate into the standards for each subject skills relating to the use of information and communications technologies to find, evaluate, create, and communicate information. The bill directs the department of education (department) to create a publicly available resource bank of materials pertaining to computer science programs, including sample standards, samples of curricula, and materials for professional educator development. The department must work with experts in creating and compiling the information. The resource bank is to be available by July 1, 2018. Each school district, charter school, and board of cooperative services may choose whether to provide computer science courses and whether to use the materials in the resource bank. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, there are a number of professions that require fingerprint-based background checks. Some of those fingerprint requirements direct that the fingerprints must be taken by a law enforcement agency. The bill removes the requirement that a law enforcement agency is the only authorized entity able to take the fingerprints. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved or federal bureau of investigation-approved livescan equipment. The third party shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The current rate of postjudgment interest is 2% over the Kansas City discount rate with a floor of 8%. The bill eliminates the floor. The current interest rate for judgments for personal injury damages caused by a tort is 9%. The bill ties this interest rate to the current rate of postjudgment interest. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies the collateral-source rule, which generally states that in a civil action for damages the jury should not be told about insurance coverage or other sources from which the plaintiff has received or may receive compensation (collateral sources). The bill allows evidence of collateral sources unless the plaintiff agrees to have the jury's award reduced by the lesser of: The amount paid or available to the plaintiff from collateral sources; or The amount of premiums or other contributions the plaintiff paid to those collateral sources. The bill establishes the procedure for determining these amounts and the conditions under which the plaintiff may elect to invoke the collateral-source rule. The bill retains the original collateral-source rule, without the changes specified above, if the defendant has been convicted of a second or subsequent alcohol-related driving offense that resulted in injury. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law there is an exception to the crime of possession of sexually exploitative material for peace officers while in the performance of their duties. The bill expands the exception to a prosecutor, criminal investigator, crime analyst, or other individual who is employed by a law enforcement agency or district attorney's office and who performs or assists in investigative duties that may involve sexually exploitative materials and a defendant's attorney and any employee of the attorney or person retained by the attorney who assists in a case involving sexually exploitative materials. (Note: This summary applies to this bill as introduced.)
The bill allows the juvenile court to take jurisdiction involving a juvenile in a juvenile delinquency case and subsequently enter orders addressing parental responsibilities and parenting time and child support matters when: The juvenile court has maintained jurisdiction in a case involving an adjudicated juvenile, a juvenile with a deferred adjudication, or a juvenile on a management plan; An action related to child custody, a dependency and neglect action, or an action for allocation of parental responsibilities involving the same juvenile is not pending in a district court in this state, and the court complies, as applicable, with the requirements of the 'Uniform Child-Custody Jurisdiction and Enforcement Act'; All parties, parents, guardians, and other legal custodians are in agreement or have been given proper notice; and The juvenile court finds that it is in the best interests of the juvenile involved. The juvenile court is required to provide notice in compliance with the Colorado rules of civil procedure, except that service must be effected not less than seven business days prior to the hearing. The notice must be written in clear language stating that the hearing concerns the allocation of parental responsibilities. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a public school that includes any of grades 7 through 12 is eligible to receive a grant through the behavioral health care professional matching grant program. Sections 2 to 5 of the bill add elementary schools to the list of public schools eligible to receive a grant through the program. Under current law, a public middle, junior, or high school is eligible to receive a grant through the school counselor corps grant program. Sections 6 to 10 of the bill add elementary schools to the list of public schools eligible to receive a grant through the program.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the decisions or actions of the ground water commission (commission) or the state engineer regarding groundwater are appealed to a district court, and the evidence that the district court may consider is not limited to the evidence that was presented to the commission or state engineer. Therefore, unlike appeals from other state agencies' decisions or actions under the 'State Administrative Procedure Act', a party appealing a decision or action of the commission or state engineer may present new evidence on appeal that was never considered by the commission or state engineer. The bill limits the evidence that a district court may consider, when reviewing a decision or action of the commission or state engineer on appeal, to the evidence presented to the commission or state engineer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the department of public safety to include in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing information concerning reports submitted by law enforcement agencies concerning crimes committed in the state during the previous year, including but not limited to information concerning reports of bias-motivated crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the Pueblo chile special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)