The bill sets the statewide base per pupil funding amount for the 2017-18 budget year at $6,546.20, which is an inflationary increase of 2.8%, and establishes the minimum amount of total program funding for the 2017-18 budget year. The bill requires that the sum of the total program funding for all schools for the 2017-18 budget year is not less than $6,634,600,182. The bill authorizes the state board to approve supplemental assistance from the contingency reserve fund for a district that experiences an unusual financial burden that results from implementing a new program or school or expanding a program in the district that results in a 20% or greater increase in the district's pupil enrollment from the pupil enrollment used to calculate the district's total program funding for the applicable budget year. The district must reimburse the contingency reserve fund at the time funding is adjusted for actual pupil enrollment for the applicable budget year. The bill changes the terminology used in the school finance act to describe the reduction in the state's share of total program funding from the phrase 'negative factor' to 'budget adjustment'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill updates the department of health care policy and financing's (state department) annual reporting on efforts to detect and prosecute medicaid client fraud and the attorney general's annual reporting on medicaid provider fraud. The bill requires the state department to annually submit a single, comprehensive report on client and provider fraud in the medicaid program, including information received annually from the attorney general. The bill adds the joint budget committee to the legislative committees receiving the report and requires that the report include additional cost and savings information. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows an accredited hospital, a prescription drug outlet operated by a health maintenance organization, and the state department of corrections to distribute compounded and prepackaged medications, without limitation, to pharmacies under common ownership of the entity. The bill allows these entities to distribute such medications to other outlets under common ownership of each entity as well. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Judiciary Committee. Sections 1 and 2 of the bill continue the regulation of professional cash-bail agents and cash-bonding agents until September 1, 2026. Section 3 authorizes the commissioner of insurance to release a lien in real estate after 3 years if the bail bonding agent does not release the lien within 3 years. The property owner must petition the commissioner for the release.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the division of criminal justice (division) within the department of public safety (department) to report annually to the general assembly certain data relating to substance-affected driving citations that occurred in the previous year. For the purpose of producing the report, the division shall collect certain data from: The state judicial branch; Forensic toxicology laboratories; The department of public health and environment; and The division of probation services. The bill creates a $2 surcharge for persons convicted of substance-affected driving. Money collected as such surcharges must be deposited in the substance-affected driving data-analysis cash fund, which is created in the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the governing board of each institution of higher education to adopt, make public, and implement a prior learning assessment policy for awarding academic credit for college-level learning acquired while in the military. The policy adopted by the governing board must require each campus to use the American Council on Education's recommendations on the joint services transcript and, at its discretion, assign appropriate credit. Further, the institutions shall provide specific guidance to active duty and veteran military members in selecting a program of study and optimizing prior learning assessment credit. Finally, the institutions shall accept in transfer from other state institutions prior learning assessment credit awarded for courses with guaranteed-transfer designation. During the 2018 legislative session, the department of higher education shall report to certain committees of the general assembly concerning the policies adopted by the institutions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate State, Veterans, and Military Affairs Committee. The bill implements the recommendations of the sunset review and report on the Colorado board of commissioners of veterans community living centers by eliminating the repeal date of the board and extending the board indefinitely.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the commissioner of insurance (commissioner) is authorized to conduct financial examinations and market conduct examinations of companies engaged in the insurance business in Colorado. Financial examinations, which the commissioner conducts on every company domiciled in Colorado once every 5 years, are intended to ensure that regulated insurance companies have proper corporate governance and internal controls and are able to pay claims. Market conduct examinations are intended to ensure that regulated insurance companies are complying with applicable laws and rules and that policyholders, providers, and beneficiaries are treated equitably. Statutes pertaining to both financial examinations and market conduct examinations are intertwined and, in some cases, overlap and conflict. Because of the repeal and relocation of market conduct provisions under sections 2 through 10 of the bill, section 1 of the bill consolidates and relocates provisions that apply generally to the commissioner and the division of insurance (division) regarding confidential treatment of documents the commissioner obtains during an investigation, the subpoena powers of the division, and the commissioner's ability to contract with experts in conducting an investigation. Sections 2 through 10 separate the market conduct examination provisions from the financial examination provisions, repealing and relocating the market conduct examination provisions to a separate part and more clearly delineating the scope and functions of the 2 distinct types of examinations conducted by the commissioner. With regard to market conduct reviews, section 10 also uses the term 'market conduct surveillance' and specifies the types of activities that includes, such as market analysis, interrogatories, and market conduct examinations. Sections 11 through 16 make conforming amendments based on the repeal and relocation of the market conduct examination provisions.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill adds a legislative declaration. Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 2 defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2 also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency' include the judicial department of state government. If the custodian has made the requested records publicly available in a structured data format, section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and in detail, to the location of the records. If public records are stored as structured data, section 4 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested. Section 4 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format. If a custodian is not able to comply with a request to produce public records that are subject to disclosure in a requested format, the custodian is required to produce the records in an alternate format or issue a denial and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format attorney fees may be awarded only if the custodian's action was arbitrary or capricious. Nothing in the bill requires a custodian to produce records in their native format or to release metadata. When a custodian produces records in a searchable or structured format, the choice of format is in the sole discretion of the custodian. Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to produce records in a format accessible to individuals with disabilities in accordance with Title II of the federal 'Americans with Disabilities Act', and other federal or state laws. Section 5 of the bill adds as an additional ground that a custodian has for disallowing the inspection of public records that the inspection seeks access to infrastructure security data. This section of the bill also permits the custodian to deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Software programs; network and systems architectural designs; source code; source documentation; information in tangible or intangible form relating to released and unreleased software or hardware, database design structures, database schema and architecture, security structures and architecture, and data stored in support structures; agency original design ideas; nonpublic business policies and practices relating to software development and use; and the terms and conditions of any actual or proposed license agreement or other agreement concerning the products and licensing negotiations. The bill permits any public employee, or former public employee, of any branch or level of government, to request that his or her home address, personal telephone number, or other similar personal identifying or location information be withheld from the production of any public records produced in a structured data or searchable format by presenting to any custodian of such public records a written declaration signed by the employee attesting that disclosure of the personal identifying or location information poses a credible risk to the health, welfare, safety, or security of the employee or to any member of the employee's family or household. Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing the same information that has been executed by a federal law enforcement agency, POST certified law enforcement official, or a judicial officer, the custodian of any public records produced in a structured data or searchable format is required to either deny the inspection of such public records or redact from any such public records provided to any requester in a structured data or searchable format the employee's personal identifying or location information. The bill prohibits any claim of any kind from being asserted against either any records custodian or any agency of government that is premised on the failure of the custodian or the agency to comply with these requirements of the bill. If the custodian denies access to any record on the grounds that the record contains infrastructure security data, the bill requires the custodian to forthwith furnish the applicant with a written statement specifying why the requested record is infrastructure security data. At the same time, the custodian is also required to provide copies of the written statement to the attorney general of the state and also to the division of homeland security and emergency management within the department of public safety. The applicant may apply to state district court for a determination that the requested record is in fact a public record and does not satisfy the definition of infrastructure security data. In such legal action, the applicant bears the burden of proof. Section 5 also expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA. Section 6 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications: The bill deletes existing statutory language permitting the custodian to charge the same fee for services rendered in supervising the copying, printing out, or photographing of a public record as the custodian may charge for furnishing a copy, printout, or photograph; The bill replaces a reference in the statute to the phrase 'manipulation of data' with the phrase 'programming, coding, or custom search queries so as to convert a record into a structured data or searchable format'; In connection with determining the amount of the fee for a paper or electronic copy of a public record, the bill specifies that, if a custodian performs programming, coding, or custom search queries to create a public record, the fee for a paper or electronic copy of that record may be based on recovery of the actual or incremental costs of performing the programming, coding, or custom search queries, together with a reasonable portion of the costs associated with building and maintaining the information systems; and When a person makes a request to inspect or make copies or images of original public records, the bill permits the custodian to charge a fee for the time required for the custodian to supervise the handling of the records, when such supervision is necessary to protect the integrity or security of the original records. Section 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA. Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017-18 state fiscal year. This latter appropriation is from reappropriated funds received from the office of the state public defender in the judicial department. To implement the bill, the department of law is permitted to use this appropriation to provide legal services for the office of the state public defender in the judicial department.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from setting different standards for these systems than for human drivers. The use of automated driving systems is authorized if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to obtain approval from the Colorado state patrol and the Colorado department of transportation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current, law a driver who fails to exhibit due care and caution when approaching or passing a stationary emergency vehicle or towing carrier vehicle commits careless driving, which is a class A traffic offense. The bill adds stationary public utility service vehicles to the statute. The bill increases the penalty to a class 1 misdemeanor if the driver's actions are the proximate cause of bodily injury to another person and to a class 6 felony if the actions are the proximate cause of the death of another person. The short title of the bill is the 'Move Over for Cody Act'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The public utilities commission (commission) in the department of regulatory agencies (department) regulates motor carriers through the issuance of permits. The bill streamlines the commission's enforcement of motor carrier permits as follows: Section 2 of the bill clarifies language concerning the imposition of civil penalties for violations of motor carrier regulations, including the civil penalties applicable for subsequent violations. Section 2 also relieves the commission of the obligation to prove that a violation was intentional. Section 3 creates a legal services offset fund (fund) to supplement the money appropriated to the department for legal representation of commission staff by the department of law in commission matters concerning the enforcement of motor carrier regulations. Section 3 requires that the state treasurer transfer any money in excess of $250,000 in the fund to the general fund and sets an alternative maximum reserve for the fund, distinct from the maximum reserve generally applicable to cash funds, of $250,000. Section 1 requires the commission to transfer all penalties collected for violations of motor carrier regulations to the fund. Sections 4, 5, and 6 clarify that a permittee's motor carrier permit is immediately revoked for failure to pay a civil penalty. These sections apply to permittees that are motor carriers of passengers, motor carriers of towed motor vehicles, and motor carriers of household goods, respectively.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
