The bill establishes procedures to govern the recall of a director of a special district. Section 4 of the bill requires the court as defined for the special district to appoint a designated election official (DEO) to oversee the recall election. The director and the director's spouse or civil union partner cannot serve as the DEO. The bill requires that recall petitions must be approved as to form by the DEO before being circulated. To be approved, a petition must designate a committee to represent the signers, must name only one director, and must include a brief statement of the grounds for the recall. It must also provide certain warnings to electors concerning their eligibility to sign. Section 5 requires that signed petitions be filed with the DEO within 60 days after their form has been approved. Signed petitions must include a signed and notarized affidavit from the circulator attesting to the circulator's compliance with the requirements of the law. Once a signed petition is filed, the DEO is required to review the petition and issue a written determination that the petition is sufficient or not sufficient within 5 business days, unless a protest is filed before that date. An eligible elector may file a protest of a recall petition within 15 days after a petition is filed. In the case of a protest, a hearing is required and the DEO is the hearing officer. The hearing officer is required to issue a determination that the petition is sufficient or not sufficient within 15 days after the conclusion of the hearing. If a petition is determined not sufficient, the committee representing the electors may withdraw, amend, and refile it within 15 days. A petition can only be withdrawn and refiled once. A determination that a petition is sufficient or not sufficient is subject to judicial review on request by the director, the director's representative, or a majority of the committee representing the electors, but judicial review cannot include the statement of the grounds on which the recall is sought. If a petition is determined sufficient, the board of the special district must set a date for the recall election, and determine whether the election will take place at the polling place or by mail ballot. If a regular special district election is to be held within 180 days after the date on which the board orders the recall election, the recall election must be held as part of the regular election. If the director is seeking reelection at that regular election, only the question of his or her reelection appears on the ballot. If the director's successor is to be chosen at that regular election, and the director is not seeking reelection, only the selection of the successor appears on the ballot. The recall election may also be held as part of a coordinated election if the information required for the ballot is determined within the deadline, and the county clerk and recorder agrees. Section 6 provides that if the director resigns in writing prior to the election, the recall proceedings are terminated and the office is filled as a vacancy. The ballot for a recall election must include the statement of grounds for the recall that was included in the petition. The director may file a statement in support of his or her retention, which must also be included on the ballot if it is timely filed. The ballot must also include the names of candidates nominated to fill the office if the director is recalled. If an incumbent is not recalled, or if a recall petition is deemed not sufficient, section 7 authorizes the special district to reimburse the director for reasonable expenses. Under section 10 , the special district must pay the costs of the county clerk and recorder and the DEO for the recall election. Section 8 provides that after one recall election that does not recall the director, any subsequent recall petition must be signed by more than 50% of the eligible electors to be sufficient. Section 11 makes a conforming amendment to the 'Uniform Election Code of 1992'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Transportation and Energy Committee. The bill continues the automobile theft prevention authority and the automobile theft prevention board until 2029.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 adds a nonstatutory short title. Section 2 of the bill makes legislative findings. Section 3 adds 'preference point' to the documents listed under the definition of 'license'. Sections 4 and 12 add 'sponsorships', 'contributions', and 'donations' to the list of money transfers that the parks and wildlife commission (commission) is authorized to receive and expend. Sections 5 and 9 change the name of the wildlife management public education advisory council to the wildlife council. Section 6 raises the amount of residential and nonresidential license fees, stamp fees, and surcharges for certain hunting and fishing activities. Section 6 also: Authorizes the commission to apply a consumer price index adjustment to hunting and fishing fees; establishes an annual residential youth fishing fee; and, together with section 7 , moves a reference to the state migratory waterfowl stamp fee amount. Section 7 also allows the division of parks and wildlife (division) to grant up to 25% of the money derived from sales of the state migratory waterfowl stamp to nonprofit organizations implementing the North American waterfowl management plan. Section 8 authorizes the commission to establish by rule a special licensing program for young adult hunters and anglers. Section 10 requires the division to prepare reports on increased licensing fees and to present the reports to the agricultural committees in the house of representatives and the senate. Section 11 removes the restriction on the commission's ability to raise or lower park fees and charges only if the commission reasonably anticipates that the annual revenues from the fees and charges will not increase by more than 20% above the annual amount earned from fees and charges as they existed on July 1, 2011. Section 11 also establishes a maximum fee increase that the commission may impose by rule for park passes in any one year as a one-dollar increase for a daily park pass and a $10 increase for an annual park pass. Section 13 removes the $200,000 limitation on the amount that may be held in the stores revolving fund, which fund is maintained for acquiring stock for warehousing and distributing supplies for retail sales to visitors, and requires that the fund be continuously appropriated. Section 14 removes the $5 cap on the fee that the division may charge a person to replace a lost or destroyed pass or registration. The fee may be set by the commission by rule in an amount up to 50% of the cost of the original pass or registration. Section 15 removes a requirement that an aspen leaf annual park pass be affixed to the vehicle for which the pass was issued. Section 16 directs the commission to determine, by rule, how the columbine annual park pass will be displayed to enter a state park or recreation area. Section 17 authorizes the commission to establish fees by rule for daily and annual passes for individuals entering state parks or state recreation areas by means other than by motor vehicle.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires independent operators of commercial vehicles to have workers' compensation or a private insurance policy that provides similar coverage. The bill changes 'private insurance policy' to 'occupational accident coverage insurance policy' and specifies the requirements for when such a policy may be considered as providing similar coverage. The bill requires the commissioner of insurance to promulgate rules establishing the minimum coverages for benefits under an occupational accident coverage insurance policy. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill authorizes the department of human services to retain money for its indirect costs, based on a federally approved cost allocation plan, from the older Coloradans cash fund and the nurse home visitor program fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill makes it a misdemeanor criminal offense for a person to trade a vote or offer to trade a vote with another elector in this state or a person in another state in exchange for the other person's vote for or against a particular candidate, ballot issue, or ballot question. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. Under current law, money is transferred from the severance tax operational fund (operational fund) to certain cash funds to benefit programs that are commonly referred to as the tier 2 programs. On June 30, 2018, the bill requires the state treasurer to transfer money to the operational fund from the following cash funds to recoup money that was previously transferred in this fiscal year for tier 2 programs: $727,888 from the species conservation trust fund ( section 8 of the bill); $18,488 from the special account in the general fund used by the mined land reclamation board for reclaiming certain lands ( section 10 ); $80,068 from the water efficiency grant program cash fund ( section 11 ); $108,465 from the interbasin compact committee operation fund ( section 12 ); and $1,455,776 from the water supply reserve fund ( section 14 ). Section 9 transfers to the general fund $393,272 from the division of parks and outdoor recreation aquatic nuisance species fund and $189,912 from the division of wildlife aquatic nuisance species fund. To replace funding from the operational fund, the bill requires the state treasurer to transfer the following amounts on July 1, 2018, from the general fund to pay for tier 2 programs for the next fiscal year: $954,545 to the forest restoration and wildfire risk mitigation grant program cash fund ( section 1 ); $1,186,363 to the healthy forests and vibrant communities fund ( section 2 ); $3,000,000 to the species conservation trust fund ( section 3 ); $45,455 to the wildland-urban interface training fund ( section 4 ); $86,364 to the wildfire preparedness fund ( section 5 ); $127,000 to the special account in the general fund established by the mined land reclamation board ( section 6 ); $450,000 to the conservation district grant fund ( section 7 ); $2,452,193 to the division of parks and outdoor recreation aquatic nuisance species fund (section 9); and $1,184,171 to the division of wildlife aquatic nuisance species fund (section 9). Section 16 further appropriates the $3 million transferred to the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that state or federal law list as threatened or endangered or that are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service. If, prior to July 1, 2018, there is insufficient money in the severance tax reserve, which is used to make severance tax refunds, then under current law, money would be recouped from the various severance tax cash funds in order to make the refunds. Section 13 requires income tax revenue that would otherwise be deposited in the general fund to be deposited in the reserve to make the refund instead of recouping money from the operational fund. Section 15 requires the state treasurer to make 3 transfers from the general fund to the operational fund: $17,030,925 on July 1, 2018, which amount will fund the programs commonly known as the tier 1 programs; $3,000,000 on January 1, 2019; and On July 1, 2019, an amount equal to the operational fund reserve required for the fiscal year commencing on July 1, 2019, or $14,214,854, whichever is less. The transfers made in 2019 will be used to fund the tier 1 operational fund reserve. To offset the general fund transfers, section 14 requires revenue, up to a maximum of $40,942,016, that was or otherwise would be deposited in the operational fund from February 1, 2018, through June 30, 2019, to instead be transferred or deposited in the general fund. It also requires the department of revenue to submit an annual report to each member of the general assembly about revenues, property tax credits, stripper well exemptions, and deductions for the oil and gas severance tax. Section 15 also prohibits the state treasurer from making any transfers from the operational fund to benefit the tier 2 programs for the next fiscal year, unless severance tax receipts are deposited in the operational fund during the fiscal year and there is sufficient money in the operational fund reserve so that no transfer will be made to the fund from the general fund on July 1, 2019. (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 implements the recommendation in the department of regulatory agencies' sunset review of the stroke advisory board by continuing the board but imposes a 10-year sunset period rather than continuing the board indefinitely, as was recommended.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill authorizes a supplemental payment of state-only money to qualified providers of durable medical equipment who experienced a decrease in reimbursement in the 2017-18 state fiscal year as a result of the implementation of the federal '21st Century Cures Act'. The bill directs the department of health care policy and financing (department) to distribute a supplemental payment to qualified providers, as defined in the bill, and includes provisions for determining the amount of each qualified provider's supplemental payment. The bill authorizes the medical services board to adopt rules as necessary. The bill appropriates general fund money to the department for the supplemental payment to qualified providers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill requires the department of corrections to: Monitor the number of inmates who need sex offender treatment or services and the number who are not receiving such treatment or services; Develop an incentive plan to contract for more mental health professionals to provide sex offender treatment or services in difficult-to-serve geographic areas; and Report to the joint budget committee the number of inmates needing treatment or services, the number not receiving the treatment or services, and the impact of the incentive plan.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill creates the Young Americans Center for Financial Education fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue (department) certifies to the revisor of statutes that: There is a space available on the form; and The fund is next in the queue. Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering money designated for the fund. After that amount is deducted, the money remaining in the fund at the end of a fiscal year is transferred to the Young Americans Center for Financial Education, a nonprofit organization. Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form. The fund is repealed in the sixth income tax year following the year in which the director files the certification, unless it is continued by the general assembly before then. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, Colorado criminalizes posting nude images of another person for harassment purposes or for pecuniary gain. The bill makes the following changes to those crimes: Adds images of sex acts that may not include nude images; Removes the requirement that the defendant intend to inflict serious emotional distress; Removes as an exception to the crimes that the image relates to a newsworthy event; and Clarifies that the images subject to the crimes may be disclosed by law enforcement personnel, human or social services personnel, prosecutors, and court personnel in the course of their normal business.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
