The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2019. For the 2018-19 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill specifies that a local government that bans hydraulic fracturing of an oil and gas well is liable to the mineral interest owner for the value of the mineral interest and that a local government that enacts a moratorium on oil and gas activities shall compensate oil and gas operators, mineral lessees, and royalty owners for all costs, damages, and losses of fair market value associated with the moratorium. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under current law, when a health care provider who is not under a contract with a health insurer, and is therefore an out-of-network provider, renders health care services to a person covered under a health benefit plan at a facility that is part of the provider network under the plan (in-network facility), the health insurer is required to cover the services of the out-of-network provider at the in-network benefit level and at no greater cost to the covered person than if the services were provided by an in-network provider. The bill specifies that the in-network benefit level also applies to emergency services provided to a covered person by an out-of-network provider or at an out-of-network facility. The bill also requires health care facilities, providers, and health insurers to provide disclosures to consumers about the potential effects of receiving nonemergency services from an out-of-network provider or emergency services at an out-of-network facility. The commissioner of insurance, the director of the division of professions and occupations, and the state board of health are directed to adopt rules detailing the disclosure requirements imposed on carriers, providers, and health facilities. Additionally, if a covered person receives nonemergency services provided by an out-of-network provider at an in-network facility or emergency services provided by an out-of-network provider or at an out-of-network facility and pays the out-of-network provider or facility an amount in excess of the required cost-sharing amount, the out-of-network provider or facility must refund the overpayment and must pay interest on the overpayment if the provider or facility fails to timely refund the overpayment. (Note: This summary applies to this bill as introduced.) , Read More
The bill requires arbitration services providers that administer consumer or employment arbitrations to collect, publish, and make available specified information on those arbitrations administered in the previous 5 years. The bill amends a provision of the uniform arbitration act to make the bill effective. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee. The bill directs the office of the state court administrator to operate a program that implements telephonic or internet-based networking software to let municipal courts, county courts, and district courts conduct judicial procedures with remote participants. The bill creates the telejustice program cash fund and authorizes the state court administrator to expend money from the fund for the program.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires the contractor for any public project that does not receive any federal money to use apprentices registered with an apprenticeship program for at least 25% of the workforce in an apprenticeable occupation that is hired to work on the public project (apprenticeship requirements). The apprenticeship program must be registered with the United States department of labor, office of apprenticeship. For purposes of the bill, a public project is a project under the supervision of any state agency, including the department of transportation, that is likely to cost $500,000 or more in any fiscal year. A government agency may consider a bid or proposal for a public project that does not receive any federal money only if the bid or proposal indicates that at least 25% of the project workforce that is in an apprenticeable occupation and that is hired by the contractor to work on the public project will be apprentices registered with an apprenticeship program. Upon completion of a public project, the contractor is required to submit an affidavit to the government agency stating that the contractor has either complied with the apprenticeship requirements or has made a good faith effort to comply. If the contractor complied with the apprenticeship requirements, the affidavit must include the names of the registered apprentices, identify the specific apprenticeship programs with which the apprentices are registered, and specify the total number of people in the workforce for the public project who are in apprenticeable occupations. If the contractor did not comply with the apprenticeship requirements, the affidavit must include documentation of the contractor's good faith effort to comply. If the contractor fails to submit the affidavit or if the state agency finds that the affidavit does not reflect the contractor's compliance or good faith effort to comply with the apprenticeship requirements, the agency may retain any unallocated portion of the amount of the contract price that the agency is authorized to withhold until the contract is completed as liquidated damages. The bill specifies that the apprenticeship requirements do not supersede existing statutory requirements for licensed apprenticeable occupations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that, except in certain cases, a court shall not require a defendant arrested and charged for any misdemeanor, petty offense, or municipal code violation to post monetary bail as a condition of being discharged from custody. A defendant who is charged with an offense other than a felony may not be released from custody under his or her own recognizance until he or she signs and files with the clerk of the court or other designated person a written release agreement that includes certain promises. Current law requires any pretrial services program to be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. The bill makes this requirement merely permissible. The bill states that if a person is in custody and the court imposed a monetary condition of bond for release, and the person, after 5 days from the setting of the monetary condition of bond, remains in custody because he or she is unable to meet the monetary obligations of the bond, upon motion of the person, the court shall forthwith conduct a hearing to reconsider the monetary condition of the bond. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a special permit for youth to hunt light geese on private land as members of a youth shooting sports organization. The landowner will notify the hunters that light geese are on the land. (Note: This summary applies to this bill as introduced.) , Read More
Statutory Revision Committee. Current law specifies that a county, city, or incorporated town may include the creation of a sales and use tax capital improvement fund (special fund) when the county, city, or incorporated town seeks voter approval to levy a sales or use tax. Before the adoption of section 20 of article X of the state constitution (TABOR), the statute provided that a county, city, or incorporated town needed to create the special fund in order to issue revenue bonds payable solely from the fund for financing capital improvements. Current law also specifies that if a county, city, or incorporated town wishes to create a special fund after it has already obtained voter approval for the levying of a sales or use tax, then the county, city, or incorporated town must seek voter approval for the creation of the special fund. The creation of the special fund does not have a purpose for a county, city, or incorporated town post-TABOR because the question of using sales or use tax revenues for financing capital improvements is asked when the county, city, or incorporated town seeks voter approval for the bond issuance. Thus, the language regarding the creation of the fund is unnecessary. Furthermore, the requirement to seek voter approval for the creation of the special fund after a county, city, or incorporated town has already obtained voter approval for the levying of a sales or use tax predates the adoption of TABOR. Because TABOR requires any district, including a county, city, or incorporated town, to seek voter approval for the issuance of any revenue bonds, the requirement to seek voter approval for the creation of the special fund is unnecessary and duplicative. The bill repeals the unnecessary and duplicative law and clarifies that the use of sales and use tax revenue bonds for capital improvements requires voter approval under TABOR. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires persons outside of Colorado who accept wagers from residents of Colorado on simulcast horse racing events to be licensed in Colorado and to pay a source market fee into the racing cash fund. The bill authorizes the director of the division of racing events to allocate a portion of the source market fee to be paid to any horse purse trust fund established pursuant to existing law, if necessary, to maintain a sustainable and competitive purse structure in Colorado. The money credited to a horse purse trust account from the source market fee is to be paid out as purses for races held at live race meets in Colorado, as authorized by the director, or as otherwise authorized by rules of the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill updates provisions of the state's adoption assistance program (adoption program) that provides cash subsidies and other noncash benefits to families who adopt children who, because of one or more special needs, might not otherwise be adopted. The department of human services (state department) administers the adoption program in conjunction with county departments of human or social services (county department). The state department is required to keep data on the adoption program to help evaluate the adoption program's ongoing effectiveness in providing stability to families involved in special needs adoptions. As appropriate, the state department, a county department, or a nonprofit child placement agency is required to provide prospective adoptive families, at the time of application, with information on the various benefits available through the adoption program. The bill outlines eligibility for the adoption program and the available benefits. Specific benefits for an adoption made through the adoption program are detailed in a written adoption assistance agreement (agreement) that addresses the unique needs of the eligible child or youth to be adopted. The terms of an agreement are negotiated between all parties involved. Determination of the type and amount of benefits to be provided through the adoption program must take into consideration the circumstances of the adopting family and the needs of the child or youth being adopted. The agreement must be reviewed at least every 3 years, but may be reviewed sooner at the request of the adoptive parents. The adoptive parents may appeal any decision made pursuant to the provisions of the adoption program with a hearing before an administrative law judge in accordance with the 'State Administrative Procedure Act'. (Note: This summary applies to this bill as introduced.) , Read More
The board of the southwestern water conservation district (board) is currently required to meet on the fourth Tuesday of January, April, July, and October. Section 1 of the bill requires the board to meet once every 3 months and eliminates the specific date requirement. Section 2 makes conforming amendments to the provisions governing the terms of board members and of the board president.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
