The bill authorizes the division of youth corrections in the department of human services (division) to establish, at its discretion, a youth corrections monetary incentives award program (program). The purpose of the program is to provide monetary awards and incentives for academic, social, and psychological achievement to juveniles who were formerly committed to the division to assist and encourage them in moving forward in positive directions in life. If the division does establish a program, it shall devise, in collaboration with a selected nonprofit organization (nonprofit), appropriate participation criteria and criteria for awarding individual scholarships to deserving juveniles. The criteria may include that a juvenile in the program maintains the highest grades possible during each academic term and makes continual progress in therapeutic or other programs, if applicable, during each academic term. The criteria may also require that scholarship money awarded to a juvenile may only be used for educational or other expenses approved as necessary and valid to the juvenile's continued improvement by the division and the nonprofit. If the division establishes a program it shall use a request for proposals process to contract with a nonprofit. The division and the nonprofit are authorized to accept and expend monetary and in-kind gifts, grants, and donations on behalf of the program. Such money must be used to provide scholarships and other incentive awards to the juveniles in the program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill gives a federal mineral lease district (district) the option, but not the obligation, to invest a portion of the funding it receives from the local government mineral impact fund in a fund. Current law requires the district to distribute the funding to impacted areas in the district, but also allows the district to reserve all or a portion of the funding for use in subsequent years. The bill specifies that the district may appropriate and disburse any part of the invested funding and all sums in excess thereof, including interest, dividends, or similar appreciated values, but specifies that the district shall do so only upon the enactment of a resolution identifying the reason for the appropriation and disbursement. The bill specifies that the district may invest the funding subject to the district's investment policy and in any investment in which the board of trustees of the public employees' retirement association may invest the funds of the association, which are the same investments in which the state treasurer is authorized to invest the local government permanent fund, which is comprised of 50% of the federal mineral lease bonus payments. The bill allows the board of directors to engage the services of investment advisors, but specifies that the selection of investment advisors must be made following an open and competitive process. The bill also requires the district to adopt an investment policy resolution that must be reviewed annually and must include: An acknowledgment of the board of director's fiduciary responsibility with respect to oversight of the district's investment policy; Performance benchmarks for all investments and for all investment advisors who may be hired by the board of directors; A requirement for the preparation and publication of annual financial statements that must include, at a minimum, information regarding starting balances, contributions, investment income, and losses, if any, and any investment fees incurred; Careful consideration of investment fees or other brokerage costs which might reduce investment returns; and A requirement that the board of directors annually review the investments and annually set appropriations to be included in the trust fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In current law, several sex-assault-on-a-child crimes are designated 'pattern' offenses, meaning that the defendant has a pattern of sexually assaulting the same child repeatedly. When such assaults occur in more than one jurisdiction, the district attorney in each such jurisdiction must prosecute a case for the incident that occurred in his or her jurisdiction. The bill allows a prosecutor to charge and bring a pattern-offense case for all such assaults in any jurisdiction where one of the acts occurred. The bill allows the prosecution of a defendant charged with sex-assault-on-a-child pattern offense or sex-assault-on-a-child-in-a-position-of-trust pattern offense to be tried: In a county where at least one or more of the incidents of sexual contact occurred; or In a county where an act in furtherance of the offense was committed.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The bill makes it a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to advertise for the sale of marijuana or marijuana concentrate. The bill excludes from the crime primary caregivers, medical marijuana-infused product manufacturers, retail marijuana product manufacturers, and retail marijuana testing facilities.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle independently. Sections 2 and 3 make technical and conforming amendments. Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles to comply with federal consumer product safety commission (CPSC) requirements and specified classes of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers. Section 5 : Gives local governments the authority to allow or prohibit the use of specified classes of electrical assisted bicycles on pedestrian paths and bike paths; Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a passenger; For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by the CPSC or the American Society for Testing Materials; and Specifies that noncompliance with the helmet law does not constitute negligence or negligence per se in a lawsuit seeking damages.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
There is a sunrise review process for groups seeking peace officer status. The bill clarifies that municipalities do not need to go through that process to employ a police force. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Beginning on the effective date of the bill, the bill creates a state sales and use tax exemption for a historic aircraft that is on loan for public display, demonstration, educational, or museum promotional purposes (public display) in the state if: The historic aircraft is on loan for public display to a publicly owned or nonprofit museum in the state; The historic aircraft will be used only for public display while within the state but away from the museum to which the historic aircraft is on loan; and The museum to which the historic aircraft is on loan for public display is open to the public for at least 20 hours every week.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires the state to compensate persons who were wrongly convicted of crimes and subsequently incarcerated. Such compensation is paid in annual payments of $100,000 until the state's duty of compensation is satisfied. The bill allows an exonerated person to elect to receive the remaining balance of the state's duty of compensation in a lump sum by: Notifying the state court administrator, the governor, and the general assembly of such election; Completing a personal financial management instruction course; and Acquiring and committing to maintain a qualified health insurance plan.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies that the juvenile court (court) has jurisdiction to enter civil protection orders in dependency and neglect actions in the same manner as district and county courts. The court must follow the same procedures for the issuance of the civil protection orders and use standardized forms. Civil protection orders must be entered into the central registry for protection orders and are enforced in the same manner as civil protection orders issued by other courts. If the civil protection order is made permanent, it remains in effect after the termination of the dependency and neglect action. The clerk of the court shall file a certified copy of a permanent civil protection order in an existing district court case, if applicable, or with the county court in the county where the protected party resides. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The Colorado 'Procurement Code' (code) governs how executive branch agencies, other than institutions of higher education that have opted out of the code, buy goods and services. The code is administered by the department of personnel (department) and exists to help keep the public trust, promote fair competition, make efficient use of taxpayer dollars, and allow the state to effectively do the people's business. The code has been amended many times over the years, but it has not been reviewed in total since the general assembly enacted it in 1982. General updates (Sections 5, 6, 10, 13, 15, 17 through 20, 22 through 24, 32, and 37). The code is based on the 1979 American bar association model procurement code. When the state adopted the model code, much of the structure and terminology was adopted as drafted by the American bar association rather than conforming the structure and language to the Colorado Revised Statutes. The bill updates the terminology used in the code to make it consistent with common use, simplifies reporting requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the authority of the executive director of the department to promulgate rules for the administration of the code. Promulgation of rules (Sections 9, 29, 33, 35, and 59). The executive director of the department is currently required to promulgate rules in furtherance of the code. The bill makes promulgation of rules by the executive director of the department (executive director) permissive throughout the code and authorizes the director to delegate his or her authority to promulgate rules. Ethics (Sections 2 and 4). State procurement professionals follow the 'Procurement Code of Ethics and Guidelines' (guidelines), which were established by the Colorado procurement advisory council. The guidelines are often interpreted to apply only to procurement staff and not to other people involved in the procurement process. The bill clarifies that state procurement officials, end users, vendors and contractors, and interested third parties are required to adhere to ethical standards during all phases of the procurement process. Procurement training (Section 4). The bill authorizes the chief procurement officer to develop and conduct a procurement education and training program for state employees and for vendors. Application of the code (Section 3). Certain purchasing activities are currently exempt from the code, such as bridge and highway construction, the awarding of grants to political subdivisions, and procurement by institutions of higher education that have formally opted out of the code. The bill exempts the procurement of specified additional goods and services from the code. Grants (Sections 3 and 6). Currently, the application, processing, and management of grants is inconsistent across state agencies. The bill amends the definition of 'grant' to provide consistency and to comply with federal requirements including the office of management and budget uniform guidance. Multiyear contracts (Section 38). Currently, the state may enter into a contract for any period as long as the contract term is included in the solicitation. If a contract term ultimately needs to exceed the period specified in the solicitation, the contract cannot be extended and a new contract is required. The bill authorizes the state to extend an existing contract, with approval of the chief procurement officer, for a reasonable period if extenuating circumstances exist. Contract management system (Section 38). The centralized contract management system and related requirements for contract provisions, monitoring, and reporting were established for the purpose of improving the state's contracting process. The bill repeals provisions related to contract monitoring and reporting and allows for remedies, including suspension or debarment, for contractors who do not perform. Contract terms and conditions (Section 39). The process to negotiate vendor terms and conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and that the contract be governed by the vendor's choice of law rather than Colorado law. However, indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by the state and requires that state contracts be governed by Colorado law. Market research (Section 15). A request for information (RFI) is a commonly used method for obtaining information about pending procurements and doing market research. Currently, RFIs are referenced in the procurement rules but not in the code. The bill establishes an RFI process in the code as a market assessment and information gathering tool and clarifies the appropriate methods to conduct market research. Administrative remedies (Section 40 through 51). The bill clarifies the administrative remedies provisions in the code and provides guidance regarding the remedies process. Specifically, the bill clarifies who may ratify a violation of the code, specifies when a stay will apply, authorizes the executive director to refer an appeal to the office of administrative courts, and states that only material issues may be appealed. Confidentiality and CORA (Sections 7 and 21). Pursuant to current law, procurement records are public records, with some exceptions under the 'Colorado Open Records Act'. Procurement records, including bids and responses to RFIs, often contain information that is proprietary or confidential by the submitting entity. The bill clarifies that all responses to RFIs are confidential until after an award based on the RFI has been made or until the procurement official determines that the state will not pursue a solicitation based on the RFI. The bill also authorizes the executive director of the department to promulgate rules to clarify the process for classifying confidential or proprietary information. Procurement set asides, preferences, and goals (Sections 25 through 28). Current law allows a set aside in state procurement for persons with severe disabilities. The bill streamlines the process by which state agencies and nonprofit agencies that employ people with severe disabilities may use the set aside program and authorizes the executive director to promulgate rules for the administration of the program. In addition, current law contains many procurement preferences and goals; however, these preferences and goals are located in various provisions of the code and in other provisions of the Colorado Revised Statutes. The various locations of these provisions, as well as inconsistent terminology in the preference and goal provisions, make it difficult for vendors and procurement officials to know how each preference and goal should be applied. The bill relocates currently existing procurement preferences and goals into a new part and makes the language of those provisions consistent where possible. Cooperative purchasing (Section 52). Cooperative purchasing is procurement conducted by, with, or on behalf of more than one public procurement entity. It increases the opportunity for the state and local governments to obtain volume discounts through joint purchasing and it lowers the transaction costs of both purchasing agencies and vendors. The bill provides state agencies with more flexibility to use cooperative purchasing to increase efficiencies and maximize state resources. Conforming amendments (Sections 1, 8, 11, 13, 20, 30, 31, 34, 36, 53 through 58, and 60 through 75). The bill makes necessary conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2018, the division of motor vehicles (division) will be replacing its current computer system, known as the Colorado state titling and registration system (CSTARS), with a new computer system, known as Colorado driver's license, record, identification, and vehicle enterprise solution ( Colorado DRIVES). Several sections of the bill amend the statutes to replace CSTARS with Colorado DRIVES, including renaming the account associated with these programs. Currently, the statutes create a CSTARS advisory committee. Section 4 of the bill replaces the current advisory committee with a Colorado DRIVES county governance committee, which consists of the following 9 members: Two authorized agents (county clerks) from a category I or category II county; Two authorized agents from a category III or category IV county; Two authorized agents from a category V or category VI county; Two employees of the department of revenue; and One employee of the governor's office of information technology. The committee's duties are to: Approve the annual operation budget proposal; Fix the time when and place where meetings are held; and Establish subcommittees and working groups to report to the committee. Currently, county clerks and recorders are designated the 'authorized agents' of the department of revenue for vehicle titling and registration. The motor vehicle statutes use the phrase 'county clerk and recorder', and the equivalent in Denver and Broomfield, interchangeably with the phrase 'authorized agent'. Several sections of the bill define the term 'authorized agent' and replace the occurrences of 'county clerk and recorder' with 'authorized agent' to make the usage consistent. Section 2 of the bill authorizes the division to share driver's license and identification card images with the driver licensing agency of any other state. Section 3 clarifies that the authorized agent is responsible for title and registration documents until verified by the division, and the division is responsible for the documents digitally stored by the division. Current law excepts some classes of identification cards from expiring in the same manner as most cards, which is after 5 years. Sections 5 and 6 authorize county clerks to transfer money collected from motor vehicle transactions to the division via electronic funds transfer. Finally, several sections of the bill repeal obsolete provisions. Provisions of the bill that deposit money in the CSTARS account take effect on September 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. Current law requires the creation of a child protection team for any county or group of contiguous counties receiving more than 50 referrals related to child abuse or neglect in a year. Other counties or groups of contiguous counties are encouraged, but not required, to establish a child protection team. The bill makes it optional for all counties and groups of contiguous counties to establish a child protection team, at the discretion of the county director or the directors of a contiguous group of counties. The state department of human services is directed to include a summary and description of the work of child protection teams in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' presentation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
