Under current law, the decisions or actions of the ground water commission (commission) or the state engineer regarding groundwater are appealed to a district court, and the evidence that the district court may consider is not limited to the evidence that was presented to the commission or state engineer. Therefore, unlike appeals from other state agencies' decisions or actions under the 'State Administrative Procedure Act', a party appealing a decision or action of the commission or state engineer may present new evidence on appeal that was never considered by the commission or state engineer. The bill limits the evidence that a district court may consider, when reviewing a decision or action of the commission or state engineer on appeal, to the evidence presented to the commission or state engineer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the department of public safety to include in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing information concerning reports submitted by law enforcement agencies concerning crimes committed in the state during the previous year, including but not limited to information concerning reports of bias-motivated crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks. Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the Pueblo chile special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Education Committee. The Colorado health service corps advisory council reviews applications and makes recommendations for participation in the Colorado health service corps program (program). The program awards educational loan repayment for medical professionals who agree to provide primary health services in federally designated health professional shortage areas in Colorado. The bill continues the Colorado health service corps advisory council indefinitely. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, a county seeking to establish a local improvement district to fund a telecommunications service improvement may construct the improvement if the county has an agreement with a telecommunications service provider to provide service, facilities, plants, or systems in the area in which the improvement will be constructed. The improvement must then be owned, operated, and maintained by the telecommunications service provider. The bill allows a rural county with a population of fewer than 50,000 inhabitants to establish a local improvement district to fund an advanced service improvement in an unserved area of the county under the same conditions that apply to the funding of a telecommunications service improvement through a local improvement district. The bill also defines the terms 'advanced service', 'rural county', and unserved area'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires a health insurer (carrier) to develop and use standards for: Selecting participating health care providers (providers) for its network of providers; and Tiering providers within a tiered network if the carrier offers a tiered network. A carrier cannot establish selection and tiering criteria in a manner that would allow a carrier to discriminate against high-risk populations or exclude providers that treat high-risk populations. A carrier must make its standards for selecting and tiering available to the commissioner of insurance for review, communicate the standards to providers participating in one or more of the carrier's networks, and make the standards available, in plain language, to the public. Additionally, upon request but not more often than quarterly, a carrier is required to provide a provider who is participating in one or more of its networks with a complete list of all network plans and products the carrier offers to consumers. At least 60 days before implementing a decision to terminate or place a participating provider in a tiered network, a carrier must notify the affected provider in writing of the pending action, including an explanation of the reasons for the proposed action, and inform the provider of the right to request that the carrier reconsider its decision. The bill requires the carrier to develop procedures for providers to request reconsideration and sets forth minimum requirements for, components of, and deadlines for the procedures. When a carrier does not select a provider to participate in the carrier's provider network, the carrier shall provide written notice to the provider. If the commissioner determines that a carrier has failed to comply with a requirement of the bill, the commissioner shall require the carrier to follow a corrective plan and may use enforcement powers available under the insurance laws to obtain compliance. The bill appropriates $42,006 to the department of regulatory agencies for use by the division of insurance to implement the bill, with $36,828 allocated for personal services and $5,178 allocated for operating expenses and capital outlay costs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado Commission on Uniform State Laws. Colorado has adopted the 'Uniform Unsworn Foreign Declarations Act', which allows the use of foreign unsworn declarations.. The bill expands the uniform law to include domestic unsworn declarations as contemplated by the 'Uniform Unsworn Declarations Act' and clarifies that the act applies only to the use of unsworn declarations in state courts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the definition of a pathways in technology early college (p-tech) high school to include a p-tech program that operates within a host school. In addition, in applying school accreditation requirements and reporting graduation rates, a p-tech student is counted as a high school graduate in the year in which the student completes the local education provider's or host school's minimum high school graduation requirements. A p-tech school or the host school shall notify the department of education prior to a p-tech student's twelfth-grade year if the student will be enrolled in the p-tech school for grades 13 or 14. (Note: This summary applies to this bill as introduced.)
Current law exempts amateur beer brewers and winemakers from licensing. Current law also authorizes amateur beer brewers to enter their brews in organized events, such as contests, tastings, or judgings at licensed premises. The bill expands this authorization for events to winemakers who qualify for the amateur exemption. The wine portions are limited to 6 ounces and cannot be sold to the general public. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules for applicants for cosmetologist or barber licensure to furnish proof of training, not to exceed 50 credits or 1,500 contact hours. (Note: This summary applies to this bill as introduced.)
The bill allows a state-supported institution of higher education to charge in-state tuition to an athlete residing anywhere in Colorado and training in an elite level program in Colorado approved by the United States Olympic committee and the governing body of an Olympic, Paralympic, Pan American, or Parapan American sport. The bill removes the requirement in current law that athletes must be residing in Colorado Springs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
