Subject to certain specified conditions, federal law and regulations authorize a state department of transportation to prepare a waiver valuation, rather than a formal appraisal, to value both real property that it seeks to acquire for a federal aid transportation project and real property that it owns and seeks to dispose of if the anticipated value of the real property is $25,000 or less. Accordingly, current state law allows the department of transportation (CDOT) to prepare a waiver valuation for real property with an anticipated value of $25,000 or less when valuing real property that it seeks to acquire. However, current state law is more restrictive than federal law and regulations with respect to property that CDOT owns and seeks to dispose of and allows CDOT to use waiver valuations to value such property only if the anticipated value of the real property is $5,000 or less. In order to fully harmonize state law governing waiver valuations with federal law and regulations, the bill authorizes CDOT to use waiver valuations for the valuation of real property that CDOT owns and seeks to dispose of if the real property is anticipated to have a value of $25,000 or less. The bill also: Clarifies that a waiver valuation is not an appraisal; and Amends the definition of 'real estate appraiser' to clarify that an individual, including an individual who is a licensed or certified real estate appraiser, is not an appraiser for purposes of the state laws regulating appraisers when the individual performs a waiver valuation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Prior to the enactment of federal tax legislation in December 2017, spousal maintenance was capable of being classified as deductible by the payor spouse for federal income tax purposes and taxable income to the recipient spouse. As a result of the 2017 federal tax legislation, commencing in 2019, spousal maintenance is not deductible by the payor spouse and is not taxable income to the recipient spouse. The guideline advisory amount of maintenance in statute, and the definitions used for calculating gross income and adjusted gross income for maintenance and child support awards, reflects the anticipated tax consequences to the payor and recipient under prior law. The bill adjusts downward the advisory guideline calculation of the amount of maintenance in circumstances where the maintenance awarded is not deductible by the payor spouse and is not taxable income to the recipient spouse. The bill also amends the definitions of 'gross income' and 'adjusted gross income' to properly reflect the tax implications of maintenance obligations. In addition, the bill adjusts the definitions of 'gross income' and 'adjusted gross income' in calculating child support obligations to reflect the tax implications of maintenance obligations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the community crime victims grant program (grant program) in the department of public health and environment (department) to provide funding to eligible entities that provide support services to crime victims and other interventions that are intended to reduce repeat victimization. The department shall administer the grant program in accordance with policies developed by the executive director of the department. The grant program is repealed, effective September 1, 2023. Before such repeal, the department of regulatory agencies shall perform a sunset review of the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill updates the Colorado disaster emergency act to include provisions related specifically to recovery, mitigation, and resiliency and to establish the roles and responsibilities of state and local agencies at all stages of emergency management. Section 3 of the bill adds language defining the stages of response and recovery, as well as definitions of emergency, resiliency, and mitigation. Section 4 allows the governor to convene a disaster policy group to coordinate the response and recovery from disaster emergencies. If the governor convenes the policy group, the governor is required to appoint a chair and to delegate to the chair the authority to manage cross-departmental and interjurisdictional coordination of recovery efforts. Sections 5 and 21 repeal and relocate existing language establishing the governor's expert emergency epidemic response committee, update the language to reflect amendments throughout the bill, and add the executive director of the department of local affairs or his or her designee to the committee. Subject to available grant funding, the bill creates the Colorado resiliency office in the division of local government within the department of local affairs in sections 17 and 18. Subject to the availability of grant funding or within existing resources, the office is required to develop a resiliency and community recovery program for the state that must address coordination among state and local agencies and risk and vulnerability reduction. The office is required to consult with other state agencies and stakeholders in developing the program. Sections 6, 8, 9, 10, 12, 13, and 14 amend existing statutes concerning disaster planning and response at the state and local level to include references to recovery, mitigation, and preparedness. The requirement for a state disaster plan is amended to require a comprehensive emergency management program that addresses preparation, prevention, mitigation, response, and recovery from emergencies and disasters. Local and interjurisdictional disaster agencies are renamed as emergency management agencies. The emergency management agencies are required to develop a local or interjurisdictional plan that includes provisions for preparation, prevention, mitigation, response, and recovery from emergencies and disasters. Agencies may incorporate by reference existing locally adopted plans, plans approved by the office of emergency management or the federal emergency management agency, and other relevant plans. Section 15 amends a requirement in existing law that the governor consider steps that could be taken on a continuing basis to prevent and reduce the harmful consequences of disasters and adds language requiring the governor to also consider mitigation and recovery from disasters. Sections 16, 19, and 20 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the safe2tell program (program) to do the following: Provide training and support to all preschool, elementary, and secondary schools and school districts in Colorado regarding school safety related to the safe2tell program, including answering questions and discussing reports received by the program; Provide educational materials to all preschool, elementary, and secondary schools in Colorado aimed at preventing misuse of the program; Provide technical assistance and support to law enforcement officials and school officials when there is misuse of the program; and Analyze and follow up with law enforcement and schools to determine the outcome of a report made to the program, including actions taken on the report. The bill requires the safe2tell program to prepare a written report analyzing data from the previous year on or before each December 1, beginning in 2018. The report must include data from the preceding fiscal year concerning the following and any recommendations concerning the following: A summary of outcomes and actions taken on reports made to the program; The number of safe2tell reports by category, broken down by month; The total number of incidents of misuse of the program, broken down into categories; The number of reports received involving a single incident; The number of times safe2tell was used by a reporting party to make a threat against or otherwise harm another person; The number of times a reporting party was in crisis and was reporting to the program to obtain assistance and the time it took to identify the reporting party and respond; The effectiveness of the safe2tell dispatch center in the department of public safety; and Recommendations regarding how to improve the program based on the available data. The bill appropriates $164,920 from the marijuana tax cash fund and provides 1.6 FTE to the department of law to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Advanced placement courses are offered to high school students and reflect the information found in a college-level course. Students taking such courses have the option to take an advanced placement exam following completion of the course. Some colleges, including all state institutions in Colorado pursuant to Colorado commission on higher education policy, offer credit based on a student's advanced placement exam score. Students who take an advanced placement exam must pay an exam fee. The bill creates the advanced placement exam fee grant program (grant program) in the department of education. The grant program provides funds to high schools to reduce or eliminate the advanced placement exam fee for low-income students. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, 48% of the purchase price of a manufactured home constructed in compliance with the federal 'National Manufactured Housing Construction and Safety Standards Act of 1974' (federal act) is exempt from state sales and use tax. The subsequent sale of the manufactured home is entirely exempt from state sales and use tax. These existing exemptions apply to any local government that imposes a sales and use tax based on the state tax. The bill entirely exempts manufactured homes constructed in compliance with the federal act from the state sales and use tax. The exemption automatically applies to a special district or other limited purpose authority that has the same tax base as the state, but does not apply to a statutory municipality or county unless it creates a local exemption based on the state exemption. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
SECTION 1. The bill increases the statewide base per pupil funding for the 2018-19 budget year by $222.57 to account for inflation, for a new statewide base per pupil funding of $6,768.77. SECTION 2. The bill sets the minimum district total program funding for the 2018-19 budget year. The district total program funding reflects a $150 million reduction in the budget stabilization factor over the prior budget year. SECTION 3. For the 2018-19 budget year, the bill distributes $30 million on a per-pupil basis to large rural districts and small rural districts including district charter schools and each institute charter school whose accounting district is a large or small rural district. Large rural districts share 55% of the appropriation, and small rural districts share 45% of the appropriation. The bill uses a district's funded pupil count for the 2017-18 budget year. The bill specifies the intended uses of the money. SECTION 4. The bill increases by 1,000 slots the number of early childhood at-risk enhancement, or ECARE, slots that may be used for preschool students or to extend kindergarten to full-day kindergarten. SECTION 5. Under current law, money appropriated for the 'English Language Proficiency Act' (act) is allocated 75% to serve students who have no or limited English language proficiency and 25% to serve students who are newly fluent in English but who need monitoring. The bill changes the funding allocation for the act by allocating funding proportionately, based on the number of students who have no or limited English proficiency and the number of students who are newly fluent but who need monitoring. SECTION 6. The bill amends the requirements relating to core course level participation and performance reports by limiting reporting on core courses to only the middle and high school levels and by delaying the date by which the department shall make the report available on its website. SECTION 7. The bill amends the reporting requirement relating to the annual report on the effectiveness of educator preparation programs to require the inclusion of certain data in the report only if the data is available at the time of the annual report. SECTION 8. The bill clarifies that a district certifies the number of English language learners and the department of education determines a student's eligibility for funding under the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill requires the department of health care policy and financing (department) to seek federal approval for a 6.5% increase in the reimbursement rate for certain services specified in the bill that are delivered through the home- and community-based services intellectual and developmental disabilities, supported living services, and children's extensive supports waivers. Service agencies shall use 100% of the increased funding resulting from the increase in the reimbursement rate for compensation, as defined in the bill, for direct support professionals, as defined in the bill. The bill requires service agencies to document the use of the increased funding for compensation using a reporting tool developed by the department and the service agencies, and to submit a report to the department for the 2018-19 through the 2020-21 fiscal years. The department has access to the supporting documentation and may determine that a service agency is not using the increased funding as required. The state department has ongoing discretion to request information from service agencies demonstrating how the agencies are maintaining the increases in compensation for direct support professionals beyond the 3-year reporting period. If the department determines that a service agency does not use 100% of the increased funding resulting from the increase in the reimbursement rate for compensation for direct support professionals, the service agency may take action within a specific time frame to contest the determination or submit a corrective action plan to the department. The department shall recoup from the service agency the amount of funding resulting from the reimbursement rate increase that is not used for compensation for direct support professionals. Once sufficient data is available to assess the impact and outcomes of the reimbursement rate increase on persons with intellectual and developmental disabilities, the department shall include the impact and outcome data, including staff stability survey data, in its annual report to the general assembly concerning the waiting list for intellectual and developmental disability services. The bill requires the department to initiate 300 nonemergency enrollments from the waiting list for the home- and community-based services developmental disabilities waiver in the 2018-19 state fiscal year. The medical services board (board) in the department shall promulgate rules establishing additional criteria for reserve capacity enrollments based on the age and capacity of a person's parent or caregiver. As part of the rule-making process, the board shall solicit stakeholder feedback from persons with intellectual and developmental disabilities and their families. The department shall include in a monthly report the number of persons who were moved off the developmental disabilities waiting list for both nonemergency enrollments and reserve capacity enrollments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law contains a pilot program to assist veterans, veterans' spouses, and other eligible participants in obtaining employment and provide support services to seek and obtain employment. The bill continues the program and includes funding for the current pilot program and the expanded program. The bill adds persons who may participate in the program and addresses veterans who have barriers to employment. The department is required to develop an evaluation methodology to measure program effectiveness. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a centralized distribution permit to an optional premises cultivation facility or retail marijuana cultivation facility authorizing temporary storage on its licensed premises of marijuana concentrate or marijuana products for the sole purpose of transfer to the permit holder's respective commonly owned medical marijuana centers or retail marijuana stores. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires employees of the department of human services and independent contractors with the department of human services (employees) who have or will have direct contact with vulnerable persons to undergo a fingerprint-based criminal history record check (background check) in order to work in a facility operated by or licensed by the department of human services. Current law also requires employees or operators of licensed child care facilities or child placement agencies to undergo a background check. Employees or operators of licensed child care facilities that are under contract with the department of human services must obtain 2 separate background checks, one pursuant to title 26, Colorado Revised Statutes, and one pursuant to title 27, Colorado Revised Statutes. The bill adds language to statute that allows for a single background check for such employees who have or will have direct contact with vulnerable persons, reducing redundancy for such employees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
