Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill continues indefinitely reporting requirements of the department of natural resources that were scheduled to repeal according to section 24-1-136 (11)(a)(I). (Note: This summary applies to this bill as introduced.)
Committee on Legal Services - Revisor's Bill. To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2004 and 2006, the general assembly enacted legislation that required each employer in the public employees' retirement association (PERA) to make additional contributions to PERA. The additional employer contributions are the amortization equalization disbursement (AED) and a supplemental amortization equalization disbursement (SAED). Although the SAED is an employer contribution, it is funded by money that would otherwise be available for employee salary increases. The AED and the SAED are to reduce PERA's unfunded liability and amortization period. Both the AED and the SAED increase gradually over time for all PERA divisions. In 2010, the general assembly capped the AED and the SAED for the judicial division and the local government division at the 2010 levels, which for the AED is 2.20% of the employer's total payroll and for the SAED is 1.50% of the employer's total payroll. For the calendar year beginning in 2019, for the judicial division only, the bill increases the AED to 3.40% of total payroll and requires the AED payment to increase by 0.4% of total payroll at the start of each of the following 4 calendar years through 2023. In addition, for the calendar year beginning in 2019, for the judicial division only, the bill increases the SAED to 3.40% of total payroll and requires the SAED payment to increase by 0.4% of total payroll at the start of each of the following 4 calendar years through 2023. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study: Section 1 of the bill relocates article 18 of title 12, which relates to dance halls, to title 30, which pertains to counties; Section 2 relocates article 25.5 of title 12, which relates to escort services, to title 29, which relates to local governments; and Section 3 relocates article 56 of title 12, which relates to pawnbrokers, to title 29. Section 9 repeals the articles where these laws were previously codified, and sections 4 through 8 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12, Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, the bill relocates the laws related to debt management and collection services from articles 14, 14.1, 14.3, and 14.5 of title 12. Specifically: Section 1 of the bill relocates the 'Colorado Fair Debt Collection Practices Act' to a new article 16 in title 5; Section 2 of the bill relocates the 'Colorado Child Support Collection Consumer Protection Act' to a new article 17 in title 5; Section 3 of the bill relocates the 'Colorado Consumer Credit Reporting Act' to a new article 18 in title 5; Section 4 of the bill relocates the 'Colorado Credit Services Organization Act' and the 'Uniform Debt-Management Services Act' to a new article 19 in title 5; Sections 5 through 24 of the bill make conforming amendments; and Section 25 of the bill repeals articles 14, 14.1, 14.3, and 14.5 of title 12.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the language defining the crime of human trafficking for sexual servitude to include that a person who knowingly advertises, offers to sell, or sells travel services that facilitate activities defined as human trafficking of a minor for sexual servitude commits the offense of human trafficking of a minor for sexual servitude. 'Travel services' are defined in the bill. Current law requires a person convicted of human trafficking of a minor for sexual servitude to be placed on the Colorado sex offender registry; the bill extends that requirement to persons convicted of human trafficking of any person of any age. The bill adds a provision to law allowing a person who was convicted of human trafficking for sexual servitude to petition the court to discontinue the person's duty to register on the sexual offender registry if he or she can establish, by a preponderance of the evidence, that at the time he or she committed the offense, he or she had been trafficked by another person for the purpose of committing the offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
House Bill 16-1456, enacted in 2016, granted the department of human services the authority to sell up to 15 acres around the Colorado mental health institute at Fort Logan to the United States department of veterans affairs for the purpose of expanding the Fort Logan national cemetery. The bill grants the department of human services authority to execute a land sale, at fair market value, to sell 51 additional acres, or up to 66 acres. The bill specifies that the proceeds of the sale of the additional 51 acres to the United States department of veterans affairs must be credited to the Fort Logan land sale account in the capital construction fund. The bill then creates the account in the capital construction fund and specifies that the money in the fund may be used for future capital construction, capital renewal, or controlled maintenance expenses of the department of human services, contingent upon approval by both the office of state planning and budgeting and the capital development committee. The bill further specifies that all or a portion of the money must be expended for veterans-related and behavioral health-related projects. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The general assembly created the governor's office of marijuana coordination in 2014 to coordinate the executive branch response to the legalization of retail marijuana as directed by the governor. The bill repeals the office of marijuana coordination, effective July 1, 2017.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses the reporting requirements of educational agencies. Section 4 of the bill repeals a report that was scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there is no repeal date listed in the organic statute. Section 13 adds a repeal date in the organic statute that coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I). Sections 1 through 3, and 5 through 23 amend the organic statute to continue indefinitely the reporting requirements notwithstanding section 24-1-136 (11)(a)(I).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. Section 1 of the bill requires the state auditor (auditor) to establish and administer a telephone number, fax number, email address, mailing address, or internet-based form whereby any individual may report an allegation of fraud committed by a state employee (employee) or an individual acting under a contract with a state agency (contracted individual). This system is referred to in the bill as the 'fraud hotline' or 'hotline' and any report to the hotline as a 'hotline call'. Section 1 defines 'fraud' to mean occupational fraud or the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets. Section 1 prohibits the auditor from disclosing publicly, or when making a referral to another state agency, the identity of any individual who contacts the fraud hotline unless the individual grants the auditor express permission to make such disclosure. These restrictions do not apply when the auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general in connection with a criminal investigation. Under the bill, the auditor is responsible for administering the hotline, including the screening of hotline calls and consulting and coordinating with state agencies to refer allegations of fraud by an employee or contracted individual that are reported to the hotline. In connection with the administration of the hotline, the bill requires the auditor to: Publicize the existence and purpose of the hotline on the official website of the office of the state auditor; and Prepare and maintain workpapers for the purpose of documenting the activities of his or her office in connection with hotline calls and investigations. All workpapers prepared or maintained by the auditor in connection with hotline calls and investigations must be held as strictly confidential by the auditor and not for public release. These restrictions shall not prevent communication by and among the auditor, a state agency, the governor, the legislative audit committee (committee), a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of the bill. The bill specifies that all workpapers prepared or maintained by the auditor in connection with hotline calls shall not constitute public records for purposes of the 'Colorado Open Records Act'. Upon receiving a hotline call, the auditor must conduct an initial screening of the call to determine whether the matter being reported constitutes an allegation of fraud committed by an employee or a contracted individual. The auditor is required to forward all hotline calls alleging fraud by a medicaid recipient to the department of health care policy and financing and all calls alleging fraud by a medicaid provider or contractor to the medicaid fraud control unit of the office of the attorney general. If the auditor determines that a hotline call constitutes an allegation of fraud committed by an employee or contracted individual, the auditor is required to consult and coordinate with the management or designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office for the purpose of referring the hotline call and any related workpapers to the affected agency. Upon receiving a referred hotline call from the auditor, the state agency is responsible for determining and taking appropriate action to respond to the referred hotline call and reporting back to the auditor. In determining appropriate action, the state agency may request either the assistance of the auditor to participate in an investigation or request that the auditor conduct the entire investigation. When, at the request of a state agency, the auditor either participates in or conducts an investigation of a hotline call, the following additional requirements apply: The auditor is granted complete access to all of the books, accounts, reports, vouchers, or other records or information maintained by the agency that are directly related to the scope of the investigation; The auditor is required to report the results of the investigation to the head of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office. The auditor is also required to provide any workpapers prepared or maintained by the auditor during the investigation. If the investigation finds evidence that the amount of the alleged fraud exceeds $100,000, the auditor is also required to report the results of the investigation to the committee and, with the approval of the committee, to the governor; and If the investigation finds evidence of apparently illegal transactions or misuse or embezzlement of public funds or property, the auditor is required to immediately report the matter to a law enforcement agency, a district attorney, or the attorney general, as appropriate. When a state agency is referred a hotline call by the auditor and has not requested that the auditor either participate in or conduct the entire investigation, the state agency is required to report back to the auditor within 90 days on the disposition of the referral, including action the agency has taken to respond to the fraud allegation and the results of any subsequent investigation by the agency. If the state agency has not reached a disposition of the referred hotline call within 90 days, the agency must report to the auditor the current status of the referral as of the 90-day deadline. This reporting requirement continues every 90 days thereafter until the agency has reached a disposition of the referred hotline call. Commencing with state fiscal year 2018-19, section 1 also requires the auditor to prepare an annual report to the committee providing an aggregate summary of activity relating to the fraud hotline during the preceding state fiscal year. Section 2 adds the administration of the hotline to existing statutory provisions specifying the auditor's powers and duties. Sections 3 and 4 prohibit retaliation against either a state employee or an entity under contract with a state agency resulting from the employee's disclosure of information to the hotline except where the employee discloses information with disregard for its truth or falsity.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses the reporting requirements of higher education agencies. Section 3 of the bill repeals a report that was scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there is no repeal date listed in the organic statute. Sections 1 through 16 of the bill amend the organic statute to continue indefinitely the reporting requirements to send a report to the general assembly notwithstanding the repeal date specified in section 24-1-136 (11)(a)(I).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In the case of St. Jude's Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Colo. 2015) ( St. Jude's Co. ), the Colorado supreme court held that direct diversions of water from a river to a private ditch for aesthetic, recreational, and piscatorial purposes on private property, without impoundment, are not beneficial uses of water under Colorado water law. The bill provides that the decision in the St. Jude's Co. case interpreting section 37-92-103 (4) does not apply to previously decreed absolute and conditional water rights or claims pending as of July 15, 2015. The interpretation of section 37-92-103 (4) in St. Jude's Co. applies only to direct-flow appropriations, without storage, filed after July 15, 2015, for water diverted from a surface stream or tributary groundwater by a private entity for private aesthetic, recreational, and piscatorial purposes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
