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signed · Colorado · Senate May 31, 2018

SB 18-001: Transportation Infrastructure Funding

In 1999, the voters of the state authorized the executive director of the department of transportation (executive director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director issued the TRANs as authorized, and the TRANs have been fully repaid. In 2017, the general assembly enacted Senate Bill 17-267 (SB 267), which requires the state to enter into a total of $1.88 billion of lease-purchase agreements and to use the proceeds of the lease-purchase agreements to fund transportation projects and specifically requires the state to enter into $380 million of the lease-purchase agreements in the 2018-19 state fiscal year and $500 million of such agreements in each of the 2019-20, 2020-21, and 2021-22 state fiscal years. Section 3 of the bill requires the state treasurer to transfer $500 million from the general fund to the state highway fund on June 30, 2019, and to transfer $250 million from the general fund to the state highway fund annually on June 30 of state fiscal years 2019-20 though 2038-39. Section 4 repeals the requirement that the state enter into $500 million of lease-purchase agreements in each of the 2019-20, 2020-21, and 2021-22 state fiscal years but takes effect only if, as specified in section 12 , the voters of the state approve a ballot measure that authorizes the state to issue TRANS and that is either initiated and voted on at the 2018 general election or referred to the voters as specified in section 10 at the 2019 statewide election. Section 5 restricts the authority of the department of transportation (CDOT) and any enterprise of CDOT, such as the high-performance transportation enterprise, to construct or designate or enter into a public-private partnership to construct or designate a managed lane, which is defined as a toll lane, high-occupancy tool lane, or high-occupancy vehicle lane on any state highway. Section 6 requires CDOT to expend the $500 million transferred from the general fund to the state highway fund pursuant to section 3 only for new highway construction projects and further specifies that: If the voters of the state approve an initiated ballot measure that authorizes the state to issue TRANs at the November 2018 general election, CDOT shall expend the $250 million annually transferred from the general fund to the state highway fund pursuant to section 3 first, to the extent needed, for maintenance of the transportation infrastructure projects financed by the TRANs and thereafter exclusively for maintenance of the state highway system; and If the voters of the state approve a ballot measure that authorizes the state to issue TRANs that is referred pursuant to section 10 at the November 2019 general election, CDOT shall expend the $250 million annually transferred from the general fund to the state highway fund pursuant to section 3 first, to the extent needed, to make the full amount of payments due on the TRANs and thereafter exclusively for maintenance of the state highway system. Section 7 expresses the intent of the general assembly that CDOT strongly consider, when choosing between a standard low bid process or a design-build process for the procurement of a project contract, whether the use of the design-build process is likely to reduce competition and increase project costs. Section 8 requires CDOT to include specified information about the general fund money transferred to the state highway fund pursuant to section 3 and the proceeds of SB 267 lease-purchase agreements in its annual report to the transportation committee of the senate and the transportation and energy committee of the house of representatives. Section 9 is nonsubstantive and changes the previously defined term 'revenue anticipation notes' to 'transportation revenue anticipation notes' to reflect the use of the latter term throughout the bill. If no citizen-initiated ballot measure that authorizes the state to issue TRANs is approved by the voters of the state at the November 2018 general election, section 10 requires the submission of a ballot measure seeking voter approval for the state to issue TRANs in an amount of $3.5 billion with a maximum repayment cost of $5 billion at the November 2019 statewide election. Any TRANs issued following approval of the ballot measure must have a maximum repayment term of 20 years, the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay the TRANs in full before the end of the specified payment term without penalty, and the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes until the notes are fully repaid. Section 11 requires TRANs proceeds not otherwise pledged for TRANs payments to be credited to the state highway fund and expended by CDOT only for qualified federal aid transportation projects that are included in CDOT's strategic transportation project investment program and designated for tier 1 funding as 10-year development program projects on CDOT's development program project list. At least 25% of the TRANs net proceeds must be used for projects in counties with populations of 50,000 or less and at least 10% of the TRANs net proceeds must be used for transit purposes or transit-related capital improvements.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Randy Baumgardner (R) John Cooke (R) Perry Buck (R) Faith Winter (D)
signed · Colorado · House May 30, 2018

HB 18-1398: Statute Of Limitations Domestic Violence Torts

The bill states that any civil action to recover damages caused by an act of domestic violence must be commenced within 6 years after a disability has been removed for a person under disability or within 6 years after a cause of action accrues, whichever occurs later. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Bob Gardner (R) Cole Wist (R) Matt Gray (D)
signed · Colorado · House May 30, 2018

HB 18-1346: Abuse Of Youth Under 21 In Care Of Institution

The bill directs the Colorado commission on criminal and juvenile justice to study the issue of institutional child abuse for children and youth in facilities operated by the department of human services. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the general assembly. The bill adds language to the definition of 'institutional abuse' in the Colorado Children's Code to clarify that it includes an act or omission that threatens the life, health, or welfare of a person younger than 21 years of age who is under the continuing jurisdiction of the court. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Lois Landgraf (R) Jonathan Singer (D) John Kefalas (D) Jim Smallwood (R)
signed · Colorado · House May 30, 2018

HB 18-1236: Sunset Food Systems Advisory Council

Sunset Process - House Agriculture, Livestock, and Natural Resources Committee. The bill implements the recommendations of the department of regulatory agencies in its sunset review and report on the Colorado food systems advisory council by extending the council indefinitely.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
signed · Colorado · House May 30, 2018

HB 18-1004: Continue Child Care Contribution Tax Credit

A taxpayer who makes a monetary contribution to promote child care in the state is allowed an income tax credit that is equal to 50% of the total value of the contribution. This exemption is currently available for income tax years that commence prior to January 1, 2020. The bill extends the credit for 5 years. (Note: This summary applies to this bill as introduced.) , Read More
James Wilson (R) John Kefalas (D) Jack Tate (R) James Coleman (D)
signed · Colorado · House May 30, 2018

HB 18-1176: Sunset Offender Reentry Grant Program

Sunset Process - House Judiciary Committee. Under current law, a grant program exists in the department of corrections (department) to provide funding to eligible community-based organizations that provide reentry services to offenders. The grant program is scheduled to repeal on September 1, 2018. The bill reschedules the repeal of the grant program to September 1, 2023. The bill also provides that, in awarding grants from the grant program, the department shall release as much as one quarter of the amount annually appropriated to the grant program to an intermediary at the beginning of each fiscal year. The intermediary shall determine how much of this amount is awarded to each community partner as an advance portion of grant money to be awarded to the community partner. The bill requires the department to expand the grant program in the 2018-19 fiscal year to maximize the number of grantees; add grantees in underserved communities, especially in rural areas; and add one or more grantees that specialize in serving the reentry needs of women offenders. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Pete Lee (D) John Cooke (R) Cole Wist (R)
signed · Colorado · House May 30, 2018

HB 18-1295: Hemp Products Deemed Not Adulterated Or Misbranded

The bill establishes that food and cosmetics are not adulterated or misbranded by virtue of containing industrial hemp. The bill also sets forth the department of public health and environment's powers with regard to applicants and registrants engaged in, or attempting to engage in, the wholesale food selling, manufacturing, processing, or storage of an industrial hemp product, as that term is defined in the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joseph Salazar (D) Daneya Esgar (D) Don Coram (R)
signed · Colorado · House May 30, 2018

HB 18-1418: Use Of Criminal Convictions In Employment

Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual's criminal record in determining whether the individual is of good moral character. The bill changes the determination to consider whether the individual is qualified. The bill adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment. The bill also prohibits a state or local agency from taking adverse action concerning a license or permit or not extending an offer of employment if an individual has been arrested but not charged, or has been convicted but pardoned, had the conviction record sealed, or had a collateral order entered concerning the conviction. The bill authorizes the department of regulatory agencies (department) to issue a conditional license to a person who has a criminal conviction and requires the department to delete and keep confidential the conditional designation if the person has no subsequent conviction when applying for renewal or within 2 years unless the department determines that the conditional designation remains necessary. For sunset review hearings conducted after review by the department, the bill requires the collection of data concerning licensing and registration action taken due to specified criminal justice actions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Daniel Kagan (D) Don Coram (R) Mike Weissman (D)
signed · Colorado · House May 30, 2018

HB 18-1364: Sunset Colorado Council Persons With Disabilities

Sunset Process - House Public Health Care and Human Services Committee. The bill continues the Colorado advisory council for persons with disabilities (council), but transfers it from the office of the governor to the department of health care policy and financing (department). The makeup of the council is decreased from no more than 20 members to a total of 10 members, 3 of whom are nonvoting members. The newly appointed council shall convene its first meeting on or before August 1, 2018, and meet quarterly thereafter. The department is authorized to provide staff support to the council. The powers and duties of the council are expanded and articulated. On or before January 1, 2019, the department shall designate, from interested applicants, a Colorado nonprofit organization (nonprofit) to perform the duties and responsibilities of the disabled parking education program that, under current law, is under the purview of the council. On or before December 1, 2019, the council shall make a recommendation to the department concerning whether or not to contract with the nonprofit to administer the disabled parking program for an addition year or to return the duties to the council. The council is scheduled for a sunset review prior to repeal in September 2023. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
signed · Colorado · Senate May 30, 2018

SB 18-086: Cyber Coding Cryptology For State Records

The chief information security officer in the governor's office of information technology (OIT), the director of OIT, the department of state, and the executive director of the department of regulatory agencies are required to take certain actions to protect state records containing trusted sensitive and confidential information from criminal, unauthorized, or inadvertent manipulation or theft. The chief information security officer is required to: Identify, assess, and mitigate cyber threats to state government; Annually collect information from all public agencies to assess the nature of threats to data systems and the potential risks and civil liabilities from the theft or inadvertent release of such information; In coordination and partnership with specified agencies, boards, and councils, annually assess the data systems of each public agency for the benefits and costs of adopting and applying distributed ledger technologies such as blockchains; Develop and maintain a series of metrics to identify, assess, and monitor each public agency data system for its platform descriptions, vulnerabilities, risks, liabilities, appropriate employee access control, and the benefits and costs of adopting encryption and distributed ledger technologies. The director of OIT is required to consider the annual metrics from the office of the chief information security officer to recommend programs, contracts, and upgrades of data systems that have good cost-benefit potential or return on investment. In addition, OIT and the office of the chief information security officer are required to consider developing public-private partnerships and contracts to allow capitalization of encryption technologies while protecting intellectual property rights. The department of state is required to consider research, development, and implementation for encryption and data integrity techniques, including distributed ledger technologies such as blockchains. The department of state is required to consider using distributed ledger technologies when accepting business licensing records and when distributing department of state data to other departments and agencies. The executive director of the department of regulatory agencies or the director's designee is required to consider secure encryption methods, including distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security. In addition, the bill specifies that institutions of higher education may include distributed ledger technologies within their curricula and research and development activities. The bill also specifies that the university of Colorado at Colorado Springs and any nonprofit organization with which the university has a partnership may consider: Encouraging coordination with the United States department of commerce and the national institute of standards and technologies to develop the capability to act as a Colorado in-state center of excellence on cybersecurity advice and national institute of standards and technologies standards; Studying efforts to protect privacy of personal identifying information maintained within distributed ledger programs, ensuring that programs make all attempts to follow best practices for privacy, and providing advice to all program stakeholders on the requirement to maintain privacy in accordance with required regulatory bodies and governing standards; and Encouraging the use of distributed ledger technologies, such as blockchains, within their proposed curricula for public sector education.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Kent Lambert (R) Bob Rankin (R) Joann Ginal (D) Angela Williams (D)
signed · Colorado · Senate May 30, 2018

SB 18-218: Colorado Water Conservation Board Construction Fund Project

The bill appropriates the following amounts from the Colorado water conservation board (CWCB) construction fund (fund) to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system maintenance, $380,000 ( section 1 of the bill); Continuation of the Colorado floodplain map modernization program, $100,000 ( section 2 ); Continuation of the Arkansas river decision support system, $500,000 ( section 3 ); Continuation of the weather modification program, $175,000 ( section 4 ); Continuation of the Colorado Mesonet, $150,000 ( section 5 ); Continuation of the water forecasting partnership project, $800,000 ( section 6 ); Acquisition of lidar data, $200,000 ( section 7 ); Continuation of technical assistance for federal irrigation improvement cost-sharing program, $200,000 ( section 8 ); Continuation of the Chatfield Reservoir channel improvements program, $200,000 ( section 9 ); South Platte river basin groundwater level data collection, analysis, and remediation, $500,000 ( section 10 ); Central Colorado water conservancy district - Chatfield reservoir reallocation project, $511,894.20 ( section 11 ); and Continuation of the watershed restoration program, $2,000,000 ( section 12 ). Section 13 directs the state treasurer to transfer $30,000,000 from the loan guarantee fund to the severance tax perpetual base fund on June 30, 2018. Section 14 authorizes the CWCB to loan up to $17,170,000 from the severance tax perpetual base fund to the Pueblo conservancy district to repair the levees within the City of Pueblo to bring the levees up to federal emergency management agency standards. Section 15 transfers $4 million on June 30, 2018, from the severance tax perpetual base fund to the fund for the Chatfield reservoir reallocation project; section 16 appropriates this money to the board for this purpose. Section 17 increases loan authorizations from the severance tax perpetual base fund for the Chatfield reservoir reallocation project in the following amounts: Centennial water and sanitation district, an increase of $9,046,267 for a total of $53,486,267; Central Colorado water conservancy district, an increase of $1,548,229 for a total of $29,999,929; and Castle Pines north metro district, an increase of $1,319,464 for a total of $7,773,364. Section 18 appropriates $8,000,000 to the department of natural resources from the fund for Republican river matters. The state treasurer will make the following transfers from the fund: Up to $500,000 on July 1, 2018, to the flood and drought response fund ( section 19 ); Up to $2,000,000 on July 1, 2018, to the litigation fund ( section 20 ); $500,000 on July 1, 2018, to the feasibility study small grant fund ( section 21 ); and $2,000,000 on June 30, 2018, to the water supply reserve fund ( section 22 ). Section 23 appropriates $7,000,000 from the fund to the CWCB for continuing implementation of the Colorado water plan as follows: Up to $3,000,000 to facilitate the development of additional storage, artificial recharge into aquifers, and dredging existing reservoirs; Up to $1,000,000 for agricultural projects; Up to $1,000,000 for grant funding to implement long-term strategies for conservation, land use, and drought planning; Up to $500,000 for grants for water education, outreach, and innovation efforts; and Up to $1,500,000 for environmental and recreational projects. Current law: Prohibits the CWCB from using the fund for 'domestic water treatment and distribution systems'; section 24 harmonizes this with other laws by excluding 'water treatment facilities'; Continuously appropriates money in the emergency dam repair cash fund to the CWCB and authorizes the CWCB to transfer up to $50,000 from the fund to the emergency dam repair cash fund; section 25 adds the division of water resources to the continuous appropriation and increases the transfer cap to $500,000; Repeals the natural hazard mapping fund on July 1, 2018; section 26 extends this to July 1, 2019; and Authorizes taxpayers to contribute money to the Colorado healthy rivers fund, the department of revenue to deduct its administrative costs from that fund, and the annual transfer of the remaining balance to the fund; section 27 specifies that the transferred money is continuously appropriated to the CWCB.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Don Coram (R) Jeni James Arndt (D)
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