Joint Budget Committee. The bill establishes a task force for transition planning to make recommendations on improvements for the transition of individuals with disabilities who are receiving services and supports in an educational setting to receiving services and supports through home- and community-based services. It specifies membership on the task force and duties including making a report to specified committees of the general assembly.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. Current law appears to forbid a powersports vehicle manufacturer or distributor from honoring written warranties. The bill clarifies that the powersports dealer is required to honor written warranties.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Subject to rules of the marijuana enforcement division, the bill authorizes: Marijuana research and development licensees and marijuana research and development cultivation licensees (research licensees) to transfer unused marijuana within the regulated marijuana industry; and Research licensees to be co-located at the premises of a medical marijuana-infused products manufacturer or a retail marijuana products manufacturer. The general appropriations bill transferred $3 million from the marijuana tax cash fund to the health research subaccount of the medical marijuana program cash fund (subaccount). The bill strikes the limitation of the amount of transfers to the subaccount and extends the repeal of the medical marijuana program cash fund until September 1, 2023. The bill authorizes $100,000 to be spent annually from the subaccount for administrative purposes related to the medical marijuana research grant program. The bill appropriates $10,656 from the marijuana tax cash fund to the department of revenue to purchase legal services related to the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the law enforcement officers' and firefighters' continuation of benefits board (board) in the department of the treasury. The board is required to review submissions from counties or municipalities offering law enforcement or fire protection service or any special district or county improvement district in the state offering fire protection service (employers) for the continuation of medical and dental benefits for the dependants of any employee who dies in a work-related death and to oversee the payment of such benefits. The board is composed of the state treasurer, the executive director of the department of public safety, and the executive director of the fire and police pension association, or their designees. The bill specifies that any employer may enter into an agreement with the board to make quarterly contributions to the law enforcement officers' and firefighters' continuation of benefits fund (fund), which is created in the bill, on behalf of each person it employs whose duties are directly involved with the provision of law enforcement or fire protection. Only employers that make contributions to the fund are eligible to have the continuation of benefits for the dependants of an employee who died in a work-related death paid from the fund. The board shall determine the amount of the contribution required by each employer and shall determine the method by which each employer shall pay the quarterly contribution to the fund. The bill does not prohibit an employer that chooses not to make contributions to the fund from independently paying for the continuation of benefits for the dependents of any person it employs and who dies in a work-related death. The bill specifies that the dependents of an employee who dies in a work-related death are automatically qualified for the continuation of medical and dental benefits through the employer's medical and dental benefit coverage for 12 months from the end of the month in which the work-related death occurred, so long as the dependents had medical or dental benefits through the employer at the time of the employee's work-related death. The board will pay the cost of providing medical or dental benefits on behalf of the employee's dependents from the fund only if the employer has an agreement with the board to make contributions to the fund. At any time, if an employee dies from a work-related death and the money in the fund is insufficient to cover the costs of continuation of benefits for the dependents of the employee, the bill directs the state treasurer to advance sufficient money from the state treasury to cover such costs and to be repaid by the board on a schedule to be set by the board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill makes the following modifications to the existing 'Colorado Job Creation and Main Street Revitalization Act': Adds a definition of a key term and streamlines and clarifies existing definitions; Adds subheadings to subsections to promote greater clarity; Extends the last income tax year for which the tax credit is available from 2019 to 2029; Separates subsections dealing solely with residential structures from subsections dealing solely with commercial structures to promote greater clarity; Under the existing tax credit, the amount of the tax credit, measured by a percentage of the actual qualified rehabilitation expenditures, is increased when the historic structure, whether commercial or residential, is located in a disaster area. The bill also increases the amount of the tax credit when the structure is located in a rural community. The bill prohibits a taxpayer from claiming the benefits offered for a structure in a disaster area or in a rural community. Requires the state historical society (society) to promulgate rules as necessary to to further implement the tax credits to be claimed for the substantial rehabilitation of qualified residential structures. Requires the society to promulgate rules on standards for the approval of the substantial rehabilitation of qualified residential structures and related reporting requirements. In connection with the reservation of tax credits for qualified commercial structures, changes the existing requirements under which the Colorado office of economic opportunity (office) uses a lottery process to determine the order in which it will review applications and plans received on the same day to a process under which the office must date and timestamp each application and review a plan and application on the basis of the order in which such documents were submitted; Streamlines procedures the owner of a qualified commercial structure is to follow upon the completion of rehabilitation of the structure to obtain a tax credit certificate; For income tax years commencing on or after January 1, 2020 but prior to January 1, 2030, maintains the aggregate limit on the amount of a tax credit certificate issued for any one qualified commercial structure at $1 million as for the 2016 through 2019 tax years; For qualified commercial structures, regardless of the amount of estimated qualified rehabilitation expenditures, the bill maintains the aggregate amount of all tax credits that may be reserved for each of the 2020 through 2029 calendar years in the same amount as for the 2017 through 2019 tax years, at $10 million, but specifies that the aggregate reservation amount of the $10 million in tax credits in any tax year that may be reserved by the office must be equally split between large and small projects for qualified commercial structures; Deletes existing provisions specifying the aggregate amount of tax credits that may be issued for particular income tax years; Deletes a reporting requirement that is part of existing law but requires the society to provide a report to the department of revenue by March 15, 2019, and on a quarterly basis thereafter specifying the ownership of tax credits (as well as transfers of tax credits in the case of tax credits for qualified commercial structures) to be claimed for the rehabilitation of qualified residential and commercial structures covering the period since the last report; Changes an existing provision mandating that the office, in consultation with the society, promulgate rules necessary to further implement the tax credits to be claimed for the substantial rehabilitation for qualified commercial structures so that the duty to promulgate rules is permissive; and Clarifies that certain requirements found in existing law are intended to apply only to tax credits issued for qualified commercial structures.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates up to 4 pilot programs in judicial districts in the state that divert individuals with low-level criminal behavior and a mental health condition to community resources and treatment rather than continued criminal justice involvement (program). The programs must be developed in accordance with the principles and proposed model recommended by the Colorado commission on criminal and juvenile justice, adopted on January 12, 2018.The state court administrator (SCAO) and the Colorado district attorneys' council shall collaborate to identify potential program sites, with the agreement of the elected district attorneys and chief judges in a judicial district. Once a judicial district has been selected as a program site, the chief judge and district attorney for the judicial district shall work collaboratively with interested and necessary participants to decide which courts and counties within the judicial districts are best suited to implement the pilot program. Interested and necessary participants include law enforcement, jail officials, public defenders, judges, pretrial service providers, and local community mental health and behavioral health service providers. The chief judge of a designated program district is responsible for the local implementation of the program, including establishing policies and procedures and facilitating formal agreements that might be required for implementation. The SCAO is responsible for overall program administration, including ensuring that, on or before January 1, 2019, each judicial district implements its own unique program. The mental health criminal justice diversion grant program (grant program) is created within the SCAO. The SCAO shall administer and monitor the grant program, including establishing funding guidelines and acceptable expenses, making specific grant awards, and disbursing grant award money to district attorneys' offices for the implementation of local programs. The program is repealed, effective December 1, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. For the 2018-19 fiscal year, the bill transfers: $71,431,345 from the general fund to the capital construction fund; $15,206,760 from the general fund to the information technology capital account of the capital construction fund; $500,000 from the general fund exempt account of the general fund to the capital construction fund; $30 million from the general fund to the controlled maintenance trust fund; $150,000 from the preservation grant program account of the state historical fund for historical property rehabilitation in the capitol complex; and $495 million from the general fund to the state highway fund if Senate Bill 18-001 does not pass. Of this amount, 25% is allocated to counties, 25% is allocated to municipalities, and 15% is allocated to the multimodal transportation options fund created in the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill changes the criteria that the department of education (department) must consider in assigning an accreditation category to a school district or the state charter school institute (institute) or in recommending the type of performance plan that a public school must implement. The bill clarifies that a school district or the institute, on its own behalf or on behalf of one of its public schools, may request reconsideration of the initial accreditation category or performance plan assignment. The bill specifies criteria the department may apply as part of the reconsideration. The bill directs the department to make training in governance and turnaround best practices available to the directors of the board of education of a school district that is accredited with improvement plan or lower or that includes a public school that is required to implement a priority improvement or turnaround plan and to make materials and training available to parents, school personnel, and school district and school accountability committees. The bill allows, rather than requires, the commissioner of education (commissioner) to assign the state review panel to evaluate a school district's, the institute's, or a public school's turnaround plan. And the commissioner may require the state review panel to conduct one or more on-site visits as part of the evaluation. In the third year in which a school district or the institute is accredited with priority improvement plan or lower, or earlier at the school district's or institute's request, the school district or institute must hold a parent and community meeting. Department personnel must attend the meeting. The bill specifies the information that must be provided at the meeting and the requirements for providing notice of the meeting. A school district or the institute, as appropriate, must also hold a parent and community meeting for a public school that is in the third year of implementing a priority improvement or turnaround plan, or earlier, and must combine the parent and community meeting with the public meeting required under existing law. Department personnel must attend the meeting. The department may require a school district or an institute charter school to provide proof of compliance with other public meeting requirements that apply to adoption of a priority improvement or turnaround plan. Under current law, if a school district or the institute is accredited with priority improvement plan or lower for 5 consecutive years, the department may recommend that the state board of education (state board) remove the school district's or institute's accreditation. The bill changes the time period, beginning with the 2018-19 school year, by providing that, if a school district or the institute performs at a level that results in being accredited with priority improvement plan or lower for 2 consecutive years followed by 3 additional years, consecutive or nonconsecutive, for a total of 5 years, the state board must require the school district or institute to take action as provided in statute. But if the school district or institute performs at a level that results in being accredited at a level higher than priority improvement plan for 2 consecutive years after the first 2 of the 5 years, then the 5 years stop accumulating. This change to calculating the 5 years also applies to a public school that performs at a level that results in being required to adopt a priority improvement or turnaround plan. While the 5 years are accumulating, the school district, institute, or public school is on performance watch. For the fourth year in which a public school, a school district, or the institute is on performance watch, the priority improvement or turnaround plan adopted by the public school, school district, or institute must include a description of how it would implement the actions that the state board may direct at the completion of 5 years on performance watch. The bill also changes the consequences for completing 5 years on performance watch. Under the bill, the commissioner must assign the state review panel to evaluate the school district's or the institute's performance and recommend one or more of several specified actions, which may include removal of accreditation. After considering the recommendations, the state board must determine the appropriate actions and direct the school district or institute accordingly. The school district or institute then goes on a 2-year cycle of evaluation by the state review panel, which may result in additional directions from the state board to the school district or institute. The school district or institute remains subject to the 2-year cycle until it performs at a level that results in being accredited with improvement plan or higher for 2 consecutive years. A comparable requirement for a 2-year cycle of review by the state review panel applies to a public school that completes 5 years on performance watch. The bill clarifies that the state board, at the request of a school district or the institute, may direct the school district or institute to take one of the specific actions, for itself or for a public school, before the school district, institute, or public school completes the 5 years on performance watch. The bill makes several changes to implementation of the performance indicators for measuring the performance of public schools, school districts, the institute, and the state, including: Repealing the specific details for calculating performance of the achievement and longitudinal growth indicators and directing the state board to specify calculations in rule; Specifying a performance indicator that measures growth to standards; Changing the terminology for describing a student's performance on the statewide assessments; and Removing the performance indicator concerning closing the achievement gaps and requiring the department to disaggregate performance by student groups in each of the remaining performance indicators and separately account for the performance of each student group on each performance indicator. The bill requires the school district accountability committees to meet quarterly to discuss whether school district leadership, personnel, and infrastructure are advancing or impeding school district performance. The bill requires the annual performance reports for public schools, school districts, the institute, and the state to specify the percentage of students enrolled by each public school, school district, or the institute who score at each of the performance levels on the statewide assessments. The bill identifies additional innovations that a public school may adopt if the state board directs that a school district convert the public school into a school of innovation. The bill changes the existing school turnaround leaders development program to the school transformation grant program. Under the school transformation grant program, in addition to awarding grants for the development of school turnaround leaders, the state board must award grants to applying school districts, the institute, and charter schools for educator professional development and to implement instructional transformation in the public schools. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows foster parents access to certain information regarding a foster child or prospective foster child, including judicial information and education records. The bill requires that a county prioritize child care assistance for certified foster parents and certified kinship foster parents and for noncertified kinship care providers that provide care for children with an open child welfare case. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill extends indefinitely the 'Child Mental Health Treatment Act' and renames it the 'Children and Youth Mental Health Treatment Act' (act). Significant changes to the act include: Continuing the ability of a parent or guardian of a non-medicaid eligible child or youth to receive mental health services for the child or youth without unwarranted child welfare involvement; When evaluating a child or youth for eligibility for mental health treatment services (services), the evaluating mental health agency shall use a standardized risk stratification tool; Establishing a new definition of 'mental health agency' to capture a larger set of behavioral health services providers; Reporting requirements for the department of health care policy and financing and mental health agencies that provide services for children and youth are updated and clarified; Requiring the department of human services to maintain and update a list of providers on its website, as well as post information from various reports required by the act, excluding any personal health information; and Revising the membership of the advisory board that assists and advises the executive director of the department of human services with the development of service standards and rules for the provision of services. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill makes it unlawful under the 'Mortuary Science Code' for a person to own more than a 10% indirect interest in a funeral establishment or crematory while simultaneously owning interest in a nontransplant tissue bank. The bill requires nontransplant tissue banks to: Register with the director of the division of professions and occupations in the department of regulatory agencies; and Make disclosures, keep records and make them available to interested parties and the director, and maintain a standard of practice. The registration of nontransplant tissue banks sunsets on September 1, 2024. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill enacts the 'Snow Removal Service Liability Limitation Act', which makes void provisions of snow removal agreements that require one party to indemnify the other party for damages, hold the other party harmless for damages, and provide for the defense of the other party in a liability lawsuit. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
