Capital Development Committee. Beginning with the state fiscal year 2019-20 grant cycle, the bill requires an application made to the public school capital construction assistance board under the 'Building Excellent Schools Today Act' for a grant of financial assistance that is for either the construction of a new public school facility that will replace one or more existing public school facilities or the reconstruction or expansion of an existing public school facility to include a plan for the future use or disposition of any existing public school facility that the applicant will stop using for its current use if it receives the grant.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires school districts, district charter schools, institute charter schools, and boards of cooperative services (local education providers) to notify parents of students enrolled in a local education provider of charges brought against an employee or former employee, if the employee was employed at any time within 12 months before an offense is charged, who has or had contact with students, if the charges are for one of the felony offenses that requires the denial, suspension, or revocation of a teacher license if the employee were a teacher. The bill specifies the students whose parents must receive notification and the information that a local education provider shall include in the parent notification. The local education provider shall notify parents by mail or electronic means within 2 school days after the employee has had or has waived a preliminary hearing, if available, on the charge unless the appropriate law enforcement agency requests a delay in notification. If notice is sent to parents, the local education provider shall also send notice within 2 school days to the same parents in the same manner regarding the disposition of the charges. Each local education provider shall monitor employee arrest information received from the Colorado bureau of investigation to determine whether charges are filed and the status of the preliminary hearing. The bill prohibits the state board of education from waiving the requirements of the bill relating to parent notification for school districts or for charter schools authorized by a school district or by the state charter school institute. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
During the 2017 session, the general assembly enacted a bill involving civil forfeiture requiring seizing agencies to submit reports to the department of local affairs (department). The bill requires reporting agencies rather than seizing agencies to file the reports and defines 'reporting agency'. The bill also expands the scope of the reports to include seizures related to a local public nuisance law or ordinance. The 2017 act also prohibited seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000. The bill establishes the law enforcement assistance grant program in the department of public safety to reimburse seizing agencies for revenue lost because of this prohibition. The bill establishes the law enforcement community services grant program (program) in the division of local government in the department to provide grants to law enforcement agencies, local governments, and community organizations to improve community services. It establishes a committee to review grant applications and make recommendations on grant awards and establishes a fund from which grants are paid. Under current law, the net balance of proceeds received from a forfeiture action are divided evenly between the governmental body of the seizing agency and the managed service organization providing behavioral health in the judicial district (MSO). The bill provides that the 50% that went to the MSO is now divided so that the MSO and the new law enforcement community services grant program fund each receive 25%. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a person may file a civil action in county court if the value of the claim is $15,000 or less. The bill increases that limit to $35,000 or less. When the debt, damage, or value of the personal property claimed is $15,000 or less, then attorney fees are not included in the value of the claim, but when the debt, damage, or value of the personal property claimed exceeds $15,000, then attorney fees are included in the value of the claim. The bill changes the filing fees in county court and sets those fees based on the amount of the money judgment sought. The bill increases the district court filing fee for specified parties. The bill allocates county court and district court filing fees. The bill is effective January 1, 2019. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the state board of parole to submit a list of offenders for community corrections transition placement referrals to the department of corrections staff. The staff shall inform the board when the referral is made or the reason for not making the referral. If an offender completes a community corrections program, the board shall schedule a parole release hearing and, if the decision is to deny parole, the majority of the full board is required to deny parole at that hearing. The bill requires community corrections boards to develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. If a community corrections board denies a transition offender a community corrections transition placement, the board shall electronically inform the department of corrections regarding the basis for the denial, suggestions for program completion, and a suggested subsequent referral timeline. The bill specifies the information that must be included in a community corrections transition placement referral or subsequent referral packet. Current law gives the jurisdiction where a community corrections transition placement intends to parole first right of refusal. The bill eliminates the first right of refusal if attempting to place the transition offender into a specialized community corrections program or if the offender requests a placement in a different jurisdiction. The bill requires the subsequent referral of an offender for community corrections transition placement within 6 to 12 months of the offender's denial if the offender has not had a class I code of penal discipline violation in the previous year; the offender does not have consecutive misdemeanor sentences to serve; and the offender does not have a pending immigration detainer, pending felony charges, or an extraditable warrant. When an offender refuses placement in a community corrections program, the executive director may make a subsequent referral for the offender after the offender informs the executive director that the circumstance that formed the basis for the refusal has changed or resolved. The division of criminal justice is required to provide community corrections training to department of corrections staff and community corrections boards. The division shall produce a report describing key community corrections data trends. The bill appropriates $264,070 to the department of public safety from the general fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows a private collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or to any political subdivision within the state, to add to the amount due that has been placed for collection all fees, costs, and costs of collection, including designated contractual attorney fees and costs that are awarded by a court of competent jurisdiction. Exclusive of the accrual of interest and court costs, any fees, costs, and costs of collection may not exceed 18% in the aggregate unless additional reasonable attorney fees are awarded by a court of competent jurisdiction. Under current law, the department of personnel may add a collection fee to the amount of a debt's principal and accruing interest referred to the state controller except where other specific statutory authority, requirements under federal programs, or written agreement with the debtor provide otherwise. The collection fee may include a fee to recover the collection costs incurred by either the controller, private counsel, or private collection agencies, but in no case shall the aggregate fee for the controller or private collection agencies exceed 21%. The bill lowers this limit to 18%. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill changes the name of the 'Colorado commission for the deaf and hard of hearing' to the 'Colorado commission for the deaf, hard of hearing, and deafblind'. The bill expands the commission's duties to include establishing a community access program for one-on-one system navigation and changes the membership on the committee reviewing grant applications under the act. The bill creates the deafblind citizens council to advise the commission on assisting the deafblind community. The commission must also establish a pilot program to provide auxiliary services to executive agencies. The pilot program must be evaluated by an independent contractor and the evaluation must be provided to the governor and general assembly. Currently the laws of the state refer to 'deaf or hard of hearing'. The bill updates the references to 'deaf, hard of hearing, or deafblind'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under existing law, a person is not permitted to prepare, offer to prepare, cause to be prepared, sell, or distribute any term paper, thesis, dissertation, or other written material for another person for compensation if he or she knows or should reasonably have known, that it is to be submitted by any other person for academic credit at a public or private college, university, or other institution of higher education, or to advertise the same. A court may issue an injunction to prevent these practices. The bill defines 'assignment' to include any specific written, recorded, pictorial, artistic, or other academic task; maintains the existing offenses related to preparing or selling assignments, or advertising the same; and prohibits a person from preparing, selling, or offering to sell a document or service that provides answers for, or completes on behalf of a student, an online exam that is administered pursuant to a course of study at any institution of higher education, or advertising the same. The bill authorizes the attorney general to bring a civil action against a person who commits a violation related to the sale of academic assignments or online exam answers, and creates a civil penalty of up to $750 for each violation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Except for conduct in compliance with applicable federal, state, or local law, the bill requires covered and governmental entities in Colorado that maintain paper or electronic documents (documents) that contain personal identifying information (personal information) to develop and maintain a written policy for the destruction and proper disposal of those documents. Entities that maintain, own, or license personal information, including those that use a nonaffiliated third party as a service provider, shall implement and maintain reasonable security procedures for the personal information. The notification laws governing disclosure of unauthorized acquisitions of unencrypted and encrypted computerized data are expanded to specify who must be notified following such unauthorized acquisition and what must be included in such notification. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires the Colorado department of education and the Colorado department of higher education to create the framework for a grow your own educator program that includes the following provisions: Enrollment in a grow your own educator program at a participating institution of higher education; Employment with a school district or a district or institute charter school (charter school) under a teacher of record license during the student's final year of the grow your own educator program; Payment of tuition by the school district or charter school for up to the student's last 36 credit hours of the grow your own educator program; In exchange for payment of tuition, the student's commitment to work in the same school district or charter school for 3 years after completion of the grow your own educator program; and A state grant to the employing school district or charter school to pay a portion of up to the final 36 credit hours of the student's in-state tuition at the institution of higher education, limited to 50 new students annually, with a limit on the number of grants distributed to each school district and to institute charter schools. Institutions of higher education and participating school districts or charter schools are required to enter into an agreement that includes provisions set forth in the bill. Further, school districts or charter schools and teachers of record employed by the school district or charter school are required to enter into an agreement that includes provisions set forth in the bill. The bill prioritizes the award of grants to participating school districts or charter schools first for graduates of Colorado high schools who commit to teaching in a community that is experiencing a teacher shortage in a grade level or content area and second to students who commit to teach in a rural school with a teacher shortage in a grade level or content area. The department of education shall report to the education committees of the general assembly in any year in which a grant is awarded concerning information on students and school districts or charter schools participating in the program. The bill establishes a teacher of record license for a student who has completed all or substantially all of the course work requirements for a baccalaureate degree, but has not completed teacher field work requirements. A student who holds a teacher of record license may be employed by a school district or charter school through the grow your own educator program or through a teacher of record program established in the bill. The student must work for a school district or charter school that has identified a critical teacher shortage and has a vacant position for which no other qualified applicant has applied. A teacher of record license is valid for 2 years. The bill creates a second program that authorizes local education providers, as defined in the bill, to implement a one- or 2-year teacher of record program. As part of a teacher of record program, a local education provider, as defined in the bill, may employ a person holding a teacher of record license in a vacant position if there are no other qualified, licensed applicants to fill the position. The department of education shall report annually to the education committees of the general assembly concerning information relating to teacher of record programs. The bill amends the special services intern authorization to allow the authorization to be renewed for a second academic year if the intern is employed by a school district or board of cooperative services and the intern has not completed a program of preparation for a special services provider due to unforeseen circumstances or hardship. The bill amends the school counselor corps grant program to define 'school counselor' to include a person who holds a special services intern authorization. The bill amends the behavioral heath care professional matching grant program to include state-certified professionals qualified to provide services to children and adolescents. The bill creates the partnership for rural education (partnership) at the Denver campus of the university of Colorado to collaborate with other institutions of higher education to bring customized solutions to local education providers experiencing teacher shortages. The partnership shall prepare and submit an annual report to the department of education, the department of higher education, and to the general assembly concerning data collected and strategies identified by the partnership to address teacher shortages in the state. The bill make appropriations to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under the Colorado open records act (CORA), records related to sexual harassment complaints are not open records; except that those records are available to a person making a sexual harassment complaint and the subject of the complaint. The bill makes the judicial department subject to the sexual harassment provision of CORA until May 1, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Health, Insurance, and Environment Committee. The bill partially implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of nursing home administrators by continuing the regulation of nursing home administrators by the board of examiners of nursing home administrators in the division of professions and occupations for 5 years, until September 1, 2023. The bill requires the board of examiners of nursing home administrators to record by board member each vote imposing discipline or dismissing a complaint. The bill requires a nursing home administrator to report to law enforcement possible felony conduct by an employee. If the employee holds a state license, the administrator must also report the conduct to the appropriate occupational board or the director of the division of professions and occupations. Failure to report is grounds for discipline. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
