Current law allows a service retiree of any division of the public employees' retirement association (PERA) to work for a PERA employer for limited periods and to receive a salary without reduction in benefits under certain circumstances. Several rural school districts in the state have recently experienced a shortage of teachers, school bus drivers, and school food services cooks and would ideally address the shortages by hiring service retirees. PERA's employment after retirement provisions, including the limitation on the number of days in a calendar year that a service retiree may work for a PERA employer without a reduction in benefits, make it difficult for school districts to fill their vacancies with retired teachers, school bus drivers, and school food services cooks. The bill modifies the current PERA employment after retirement provisions for certain retirees hired by an employer in the school division if: The employer that hires the service retiree is a rural school district as determined by the department of education based on certain criteria and the school district enrolls 6,500 students or fewer in kindergarten through 12th grade; The school district hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district or for the purpose of being a school food services cook; and The school district determines that there is a critical shortage of qualified teachers, school bus drivers, or school food services cooks, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district. A service retiree who is a teacher, a school bus driver, or a school food services cook and who is hired by an employer in the school division that satisfies the criteria above may receive salary without a reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any PERA employer during the month of the effective date of retirement. In addition, the bill requires the employer that hires the service retiree to provide full payment of all PERA employer contributions, disbursements, and working retiree contributions. The bill also specifies that a service retiree who is a teacher, school bus driver, or food services cook and who is hired by an employer in the school division: Is not required to resume PERA membership; Will not receive a PERA health care premium subsidy; Is eligible to participate in the health plan offered by the employer; May not receive salary without reduction in benefits and without limitation in a calendar year for more than 6 consecutive years; and May not be employed by the school district from which he or she retired until 2 years after retirement if he or she retired without a full service retirement benefit. By December 1, 2020, PERA is required to submit a report including specified information to the general assembly regarding the additional employment after retirement provisions for teachers, school bus drivers, and food services cooks. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows persons who were convicted of misdemeanors for the use or possession of marijuana to petition for the sealing of criminal records relating to such convictions if their behavior would not have been a criminal offense if the behavior had occurred on or after December 10, 2012. The court shall order the record sealed after the filing fees are paid, the petitioner establishes the offense is eligible for sealing, and the petition is posted on the website of the state court administrator for 30 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following: Require the defendant to serve at least 90 days but not more than 180 days imprisonment in the county jail. During the mandatory 90-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Require the defendant to serve at least 120 days but not more than 2 years of imprisonment in the county jail through participation in an alternative sentencing program if such programs are available through the county in which the defendant is imprisoned and only for certain purposes. During the mandatory 120-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall: Require the defendant to complete at least 48 hours but not more than 120 hours of useful public service, which may not be suspended; Include, as a condition of the defendant's probation, a requirement that the defendant complete a level II alcohol and drug driving safety education or treatment program at the defendant's own expense; and Consider imposing certain other conditions of probation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires health insurers that issue individual and group sickness and accident policies, contracts, or plans that are required under current law to provide contraception coverage to reimburse participating providers or in-network dispensing entities for: Dispensing prescription contraceptives in a 3-month supply for the first dispensing to the insured person and for a 12-month supply for subsequent dispensings of the same prescription contraceptive to the insured person; or Dispensing to the insured person a prescribed vaginal contraceptive ring intended to last for 3 months. 'Prescription contraceptive' is defined as a medically acceptable oral drug or contraceptive patch that is used to prevent pregnancy, that requires a prescription, and that is covered under the terms of the policy, contract, or plan issued by a health insurer subject to regulation by the state. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a tenancy of one month or more but less than 6 months may be terminated by either party with 7 days' notice. The bill extends the notice to 21 days. The bill also requires 21 days' notice for a landlord to increase rent in tenancies of one month or longer but less than 6 months. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is: Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals; Subject to sunset review in 3 years; and Required to make an annual report to the legislative council that may or may not include recommendations for legislation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows water to be stored only at a location that has been specifically identified in a decree. The bill allows a water right for which the historical consumptive use was previously quantified to be stored in any reservoir, without the necessity of adjudicating an additional change of water right, if: The water will be diverted from a point of diversion that has already been decreed for that water right and the alternate place of storage is located on the same ditch or reservoir system; Previous notice is given to the division engineer; Transit and ditch losses are assessed from the decreed point of diversion to the alternate place of storage; The division engineer approves the proposed accounting of the storage; and The water was not imported from another water division.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill sets the ratio of valuation for assessment for residential real property at 7.2% for property tax years commencing on and after January 1, 2017, until the next property tax year that the general assembly adjusts this ratio. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under existing law, when a school district submits an innovation plan for a school or multiple schools of the school district, the state board of education (state board) must approve the plan and designate the school district as a district of innovation unless the plan is likely to decrease academic achievement or is not fiscally feasible. Once the plan is approved, the state board must grant any statutory waivers requested in the plan. The bill changes the standard for approving an innovation plan. The state board must approve an innovation plan if it finds that the plan is likely to enhance educational opportunity and quality within the school district, which is similar to the standard for approving statutory waivers under other circumstances, and the plan is fiscally feasible. Later, if the district of innovation seeks additional statutory waivers under the innovation plan, the state board must grant the waivers if it finds that the waivers are likely to enhance educational opportunity and quality within the school district and are fiscally feasible. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the statutes relating to the early childhood leadership commission (commission) in the department of human services (department) as follows: Makes changes to the legislative declaration, mission, and duties of the commission to include consideration of families of pregnant women and children; Repeals the early childhood leadership commission fund. Changes the title of the person appointed to assist the department in fulfilling the duties of the commission from 'executive director' to 'director'; Removes the requirement that the director be compensated from money credited to the early childhood leadership commission fund, and instead requires that the director be compensated with federal funds or gift, grants, or donations, and not with money from the general fund; Permits the commission to seek, accept, and expend gifts, grants, and donations for the expenses of the commission; and Extends the repeal date and sunset review of the commission prior to its repeal from 2018 to 2023.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows boards of political subdivisions to enter into energy cost-savings contracts for utility cost savings. Utility cost savings are defined in law to include an installation, modification, or service that is designed to reduce energy consumption and related operating costs in buildings and other facilities. The bill specifies that the boards may also enter into energy cost-savings contracts for increasing meter accuracy, which is defined as a utility cost-savings measure. The bill also changes the definition of 'operation and maintenance cost savings' to clarify that the calculation must be made on a net basis. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires any licensed physician, physician assistant, or anesthesiologist assistant (licensee) who attends or treats any of certain injuries, including injuries resulting from domestic violence, to report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located. The bill states that a licensee is not required to report an injury that the licensee has reason to believe involves an act of domestic violence if: The victim of the injury is at least 18 years of age and indicates his or her preference that the injury not be reported; The injury is not an injury that the licensee is otherwise required to report; and The injury is not a serious bodily injury. When a licensee declines to report an injury that he or she has reason to believe resulted from domestic violence pursuant to the victim's expressed preference, the licensee shall document the victim's request in the victim's medical record. Before a licensee reports an injury that he or she has reason to believe resulted from domestic violence, the licensee shall make a good-faith effort, confidentially, to advise the victim of the licensee's intent to do so. If a licensee has reason to believe that an injury resulted from domestic violence, then, regardless of whether the licensee reports the injury to law enforcement, the licensee shall either refer the victim to a victim's advocate or provide the victim with information concerning services available to victims of abuse. A licensee who, in good faith, refers a victim to a victim's advocate or provides a victim with information concerning services available to victims of abuse is not civilly liable for any act or omission of the victim's advocate or of any agency that provides such services to the victim. Under current law, any licensee who, in good faith, makes such a report of an injury is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. The bill states that a licensee who does not make a report under the new conditions described in the bill is also immune to such liability. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
