The bill requires the department of education (department) to research approaches, policies, and practices in other states related to bullying prevention and education, and to develop a model bullying prevention and education policy after considering its research. The department is required to publish the results of that research and its model policy on the department's website by July 1, 2019, as guidance for school districts, charter schools, and the charter school institute in developing and implementing bullying prevention and education policies. The research and model policy must be updated and published every 3 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill adds millet to the definition of an agricultural commodity in the 'Colorado Agricultural Marketing Act of 1939'. The bill removes the requirement that marketing order issuance, suspension, amendment, or termination be posted in the office of the commissioner of agriculture and published in a newspaper. Instead, the commissioner will determine the manner and time of public announcement of marketing order issuance, suspension, amendment, or termination. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law categorizes each county for purposes of establishing the salaries of elected county officials in the county. The statutory salary amounts are adjusted every 2 years for inflation and take effect for terms commencing after any change is made. The bill modifies the categories of 4 counties with the accompanying percentage increase in salary as follows: Grand county changes from category III-D to category III-B (20% increase); Rio Grande county changes from category IV-D to category IV-C (10% increase); Saguache county changes from category V-D to category V-B (20% increase); and Jackson county changes from category VI-D to category VI-C (10% increase).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill modifies and clarifies certain aspects of the foreclosure process on property encumbered by a deed of trust as follows: Eliminates the authority of the attorney for a holder of an evidence of debt (holder) to specify the newspaper used to publish foreclosure notices; Allows an amended combined notice to be omitted in a specified circumstances when the notice is provided by the sheriff or public trustee conducting the foreclosure (officer); Modifies the amount of the deposit required for the fees and costs of the public trustee; Omits a statement notifying borrowers of their ability to file a complaint if they believe a lender or servicer has violated certain requirements from the portions of a combined notice that must be published; Makes changes to the bid form used by holders; Clarifies the amount to be paid to the officer if the holder bids an amount that exceeds the amount due to the holder; Prorates the amount of insurance premiums that may be claimed as costs; Further specifies and modifies the procedures for restarting a foreclosure proceeding when a property is subject to a federal bankruptcy case or if a sale has been enjoined or set aside by a court; Specifies the interest and other amounts that may be charged by the holder of a certificate of purchase when property is redeemed; and Clarifies the procedure for junior subsequent lienors to redeem a property.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44, section 2 relocates laws related to the regulation of alcohol beverages from title 12 to the new title, and section 3 repeals the relocated laws from their current location. Sections 4 through 25 make conforming amendments. Section 26 appropriates $3,091 for the 2018-19 fiscal year from the liquor enforcement division and state licensing authority cash fund to the department of revenue for use by the liquor and tobacco enforcement division to implement the bill, allocated as follows: (a) $2,400 for personal services; and (b) $691 for operating expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Water Resources Review Committee. Section 3 of the bill updates a legislative declaration concerning aquatic nuisance species to encourage the federal government to dedicate sufficient funding and resources to the detection, prevention, control, and eradication of aquatic nuisance species for federally owned or managed aquatic resources and water infrastructure in Colorado. Section 4 defines 'motorboat' and 'sailboat'. Section 5 authorizes the division of parks and wildlife (division) to seek reimbursement from a conveyance owner (i.e., motor vehicles, trailers, and watercraft) for the storage and decontamination of a conveyance that has been impounded and quarantined due to the suspected presence of an aquatic nuisance species. Section 6 requires an in-state resident registering a motorboat or sailboat in Colorado for use on or after January 1, 2019, to pay a $25 fee for an aquatic nuisance species stamp in addition to the watercraft registration fee. A nonresident using a motorboat or sailboat in waters of the state on or after January 1, 2019, is required to pay a $50 fee for an aquatic nuisance species stamp. Section 7 increases penalties related to aquatic nuisance species and creates new penalties for failing to purchase an aquatic nuisance species stamp; failing to comply with a qualified peace officer's or an authorized agent's request to stop, detain, and inspect a vessel; and launching a vessel without first obtaining a vessel inspection at an aquatic nuisance species check station. Section 8 combines the division of parks and outdoor recreation aquatic nuisance species fund and the division of wildlife aquatic nuisance species fund into a single fund: The division of parks and wildlife aquatic nuisance species fund. Sections 1, 2, 9, and 10 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires county and municipal authorities (authorities) to conduct a traffic investigation or survey before increasing or decreasing the speed limits within the authority's jurisdiction. The bill allows the authority to also consider the following factors: Road characteristics; Current and future development; Environmental factors; Parking practices; Pedestrian and bicycle activity in the vicinity; and Crash statistics from the most recent year.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that if the department of corrections (department) relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed. This disclosure requirement does not apply if: The inmate is a witness and the executive director of the department (executive director) determines that disclosing the inmate's location would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; The registered victim is currently incarcerated; or The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the inmate's location poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. If the department relocates an inmate and the executive director determines that any of these factors applies, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney: That the inmate has been relocated; and Which of the factors the executive director has determined applies. If the prosecuting attorney agrees with the executive director's determination that a factor applies, then the prosecuting attorney shall confirm the executive director's determination in writing, the department shall retain such written confirmation, and the department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that: The inmate has been relocated; and The department is unable to disclose the inmate's location because one of the factors applies. If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has 30 days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims. (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 providers under the medicaid program of certain office-administered drugs relating to oncology who experienced a decrease in aggregate reimbursements in the 2017-18 fiscal year as a result of the implementation of the federal department of health and human services final rule for covered outpatient drugs, 81 FR 5169, published in the federal register on February 1, 2016. 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
Under current law, a person is required to register as a sex offender (registrant) in Colorado if he or she is a Colorado resident and is required to register in another state. The bill allows a person to petition the court for an order that discontinues the requirement for registration for offense classifications that would not be required to register for if convicted in Colorado. In addition, a registrant is required to register in person at his or her local law enforcement agency. The bill allows the law enforcement agency to waive the in-person registration requirement after initial registration if the person suffers from a chronic physical or intellectual disability to the extent that it is a severe hardship to register in person and there is a medical record of the disability. If the waiver is authorized, the law enforcement agency must reregister the registrant after verifying the registrant's address and provide documentation of the waiver to the Colorado bureau of investigation and any other law enforcement agency with which the person registers. Under current law, specified registrants can file a petition to discontinue registration. The bill requires the court to grant a petition to discontinue registration if the registrant has successfully completed his or her sentence, the registrant has not been convicted of a subsequent sex offense, and the required waiting period has expired unless the prosecuting attorney or victim objects and presents credible evidence that the registrant is likely to commit a subsequent offense of unlawful sexual behavior. Notwithstanding any statutory barriers to the contrary, the bill allows a registrant or his or her legal representative to file a petition to discontinue registration if the registrant is permanently incapacitated and does not present an unreasonable public safety risk. The court shall grant the petition if the petitioner shows that the registrant is incapacitated, does not present an unreasonable public safety risk, and is not likely to commit a subsequent sex offense. (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 general assembly to appropriate general fund money to the department of health care policy and financing (department) to pay for expenses related to the all-payer health claims database (database). The bill also establishes a grant program to assist nonprofit organizations and governmental entities, other than the department, in accessing the database to conduct research. The bill authorizes the advisory committee to oversee the database, review grant applications, and recommend to the department which grant applications to fund and the amount of each grant. The department is authorized to develop and review grant applications and determine which grant applications to fund and the amount of each grant. The medical services board is authorized to adopt rules governing the grant program. The bill appropriates money to the department to pay for the database and the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill defines 'case management agency' and adds a case management agency to the definition of 'provider' that provides services and supports to persons with developmental disabilities. The bill requires providers and service agencies to operate pursuant to department of health care policy and financing rules. Under existing law, a person with a developmental disability cannot maintain a liability action against a provider unless the person claiming the injury has filed for dispute resolution by the department of human services or a community-centered board. The bill adds the department of health care policy and financing and case management agencies to the list of entities to which a person may file for dispute resolution. The bill identifies a person with a developmental disability who is served in a residential setting as a tenant of the provider and allows property rights to accrue for such a tenant. Under existing law, a provider that accepts a referral for community placement from the department of human services is not subject to liability for accepting the person for community placement. The bill removes liability when accepting a referral from the department of health care policy and financing. Except in emergencies, the bill requires person-centered planning to occur prior to removing a person with a developmental disability from a residential setting when the person may be at risk of abuse, neglect, mistreatment, exploitation, or other harm. In an emergency, such person-centered planning must occur as soon as possible following removal. The bill authorizes case management agencies to remove a person with a developmental disability from a residential setting and subjects those agencies to the same standards of liability as other entities authorized to remove such persons from residential settings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
