Under current law, the maximum jail sentence for a class 2 misdemeanor, misdemeanors without a fixed statutory penalty, and municipal ordinance violations is one year. The bill changes the maximum jail sentence to 364 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, Columbus day is one of 10 legal holidays in Colorado. Section 2 of the bill repeals Columbus day as a state legal holiday. Consequently, in order to maintain the number of days off enjoyed by state employees, section 3 grants state employees an annual 'floating' holiday, on a day in October of each employee's choice, in accordance with rules promulgated by the department of personnel and subject to approval by each employee's supervisor. Section 1 contains a nonstatutory legislative declaration, and sections 4 and 5 make conforming amendments.(Note: This summary applies to this bill as introduced.)
By March 31, 2018, and by each March 31 thereafter through March 31, 2020, the bill requires health insurers to submit to the commissioner of insurance (commissioner) information regarding pharmaceuticals covered under individual and group health insurance plans in prior years. Carriers are to report the following information, separately stated with regard to individual and group market segments: The total pharmaceutical costs, including cost-sharing amounts paid by insured persons, and the aggregate net pharmaceuticals costs, after negotiated rebates and discounts; The net cost of pharmaceuticals, expressed as a percentage of total medical costs; and A list of the drug classes of the 10 pharmaceuticals that were most dispensed and had the highest gross spending. The bill also requires carriers providing or administering state group benefit plans for state employees to report the pharmaceutical cost data. The commissioner is directed to aggregate and analyze the data and submit an annual report to the governor and specified legislative committees on trends in pharmaceutical drug costs in the insurance market, including most-prescribed and highest-cost pharmaceuticals. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill. The reporting requirements are repealed on January 31, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Health benefits are offered to state employees through the 'State Employees Group Benefits Act' (act), which is administered by the state personnel director. The bill authorizes the state personnel director, or a designee, to enter into an agreement with any local government to provide health benefits to employees of the local government through the group benefit plans offered to state employees pursuant to the act. The bill specifies that a local government is not required to offer health benefits to its employees through the group benefit plans offered to state employees pursuant to the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Beginning January 1, 2019, section 1 of the bill waives the continuing education requirement, otherwise applicable upon every renewal or reinstatement of an electrician's license, for the first renewal or reinstatement of the license of an electrician who passed the appropriate written examination in connection with his or her initial license application. Section 2 phases out an existing provision allowing the hiring of inspectors of 1- to 4-family dwellings who have specified certifications and experience but may not have passed Colorado's written residential wireman's examination. The provision is repealed as of January 1, 2019, except for inspectors hired on or before that date by a city, town, county, or city and county who meet the existing requirements. Those individuals have until January 1, 2023, to meet the new requirements.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, certain identified persons are mandated to report if they know or suspect that a child has been subject to abuse or neglect (mandatory reporters). If a mandatory reporter continues to be involved with a child who was the subject of the report, he or she is entitled to access to records and reports of the abuse or neglect. The bill adds to the list of mandatory reporters officials and employees of county departments of health, human services, or social services. Current law requires the county department of human or social services to report certain information to a mandatory reporter within 30 days after the filing of a report. The bill extends the period to 60 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Business, Labor, and Technology Committee. The bill implements the recommendations contained in the department of regulatory agencies' (department) sunset report on the office of boxing (office) within the division of professions and occupations in the department and the Colorado state boxing commission (commission) within the office. Sections 8 and 9 of the bill implement recommendation 1 of the sunset report to continue the office, including the commission, until 2026. Sections 5 and 7 implement recommendation 2 of the sunset report to vest the director of the division of professions and occupations (director) within the department with all licensing and enforcement authority, as well as the authority to recognize boxing sanctioning authorities, and to limit the authority of the director of the office of boxing (office director) to the day-to-day operations of the office. Section 1 updates definitions to further effectuate recommendation 2 of the sunset report. Section 1 also adds martial arts to the definition of 'boxing' and defines 'martial arts'. Section 2 renames the office the 'office of combative sports', and conforming amendments are made throughout the bill. Section 3 implements recommendation 3 of the sunset report to change the commission members' terms from 3 years to 4 years. Section 3 also renames the commission the 'Colorado combative sports commission', and conforming amendments are made throughout the bill. Section 4 implements recommendation 4 of the sunset report to provide the director with the authority to issue a nondisciplinary denial or suspension of a license for medical or administrative reasons and the authority to lift such denial or suspension if sufficient evidence has been provided that the denial or suspension is no longer needed. Section 1 updates definitions to further effectuate recommendation 4 of the sunset report. Section 6 implements recommendation 5 of the sunset report to update the grounds for discipline to: Reword the ground for discipline concerning excessive drinking or drug use to comport with the language used for other regulated professions and occupations; Create a ground for discipline for unsportsmanlike or dangerous conduct; and Create a ground for discipline for a licensee's failure to comply with a license restriction. Section 6 also implements recommendation 6 of the sunset report to change the requirement that the director send a letter of admonition by certified mail to a requirement that the director send a letter of admonition by first-class mail. Sections 1, 3, 4, and 6 implement recommendation 7 of the sunset report to make technical changes. Section 10 appropriates $10,000 from the division of professions and occupations cash fund to the department for use by the division of professions and occupations for personal services.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill creates the open educational resources council (council) in the department of higher education (department). The council includes persons appointed by the executive director of the department from public institutions of higher education, the executive director of the department, the commissioner of education, and the state librarian. The bill directs the department to contract with an entity to evaluate the existing use of open educational resources by public institutions of higher education. The council must facilitate the work of the contracting entity, and, taking into account the findings of the contracting entity, recommend initiatives to expand the use of open educational resources. The council must report the findings of the contracting entity and its recommended initiatives to the joint budget committee and the education committees of the general assembly by November 20, 2017. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado's law concerning bias-motivated crimes prohibits the intimidation or harassment of another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation. However, Colorado's harassment statute makes harassment a class 1 misdemeanor if the offender commits harassment with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, or national origin. The bill adds physical or mental disability and sexual orientation to the categories described in the harassment statute to make the statute consistent with Colorado's law concerning bias-motivated crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill is known as the 'Colorado Citizen Protection Against Sanctuary Policies Act'. The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests. The bill states that it is the policy of this state to ensure, to the fullest extent of the law, that the state or a political subdivision (jurisdiction) of the state complies with federal immigration law. In addition, pursuant to a recent presidential executive order, the United States secretary of homeland security has the authority to designate, in his or her discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction that willfully refuses to comply with federal immigration law. A jurisdiction that violates the following requirements is deemed to be out of compliance with the requirements of federal immigration law and is deemed to have established a sanctuary jurisdiction policy if it: Prohibits, or in any way restricts any jurisdiction, official, or employee from sending to, or receiving from, federal immigration agencies information regarding the citizenship or immigration status, lawful or unlawful, of any individual; or Prohibits, or in any way restricts, a jurisdiction from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: Sending such information to, or requesting such information from, federal immigration agencies; Maintaining such information; Exchanging such information with any other federal, state, or political subdivision of the state; or Encourages the physical harboring of an alien in violation of federal law. A jurisdiction is also deemed to have created a sanctuary jurisdiction policy for purposes of the bill if it is officially notified by the federal department of justice or the federal department of homeland security that it is not in compliance with federal immigration law or if it has been denied federal grant funds based on lack of compliance with federal immigration law. The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. On or before July 1, 2018, and on or before July 1 of each year thereafter, the governing body of any jurisdiction in this state is required to annually submit a written report and affirmation to the department of public safety (department) that the jurisdiction is in compliance with federal immigration law and the provisions of the bill. If the department does not receive those written reports and affirmations, the department is required to provide the name of that jurisdiction to the state controller. On or before September 1, 2018, and on or before September 1 of each year thereafter, the department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. Commencing with the 2018-19 fiscal year and each fiscal year thereafter, the state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with the compliance and affirmation requirement. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance. The department is required to republish on its website, once the information is available, the data reported by the federal immigration and customs enforcement agency that pertains to Colorado on the apprehension and release of aliens from custody as compiled by that agency and reported weekly pursuant to a federal memorandum issued by the federal department of homeland security. The bill waives governmental immunity protection from claims brought against a jurisdiction and against its public employees for personal injuries caused to crime victims as a result of the jurisdiction creating sanctuary jurisdiction policies in violation of the federal law. Governmental immunity is waived and compensatory damages may be awarded under the 'Colorado Governmental Immunity Act' to the crime victim if the person who engaged in the criminal activity: Is determined to be an illegal alien; Had established residency in a jurisdiction that had adopted a sanctuary jurisdiction policy; and Is convicted of the crime that is a proximate cause of the injury to the crime victim. The bill states that nothing in the bill relating to compliance with federal immigration laws and nothing in the 'Colorado Governmental Immunity Act' shall be construed to require a jurisdiction or a public employee to violate an applicable court ruling from the United States tenth circuit court of appeals or the United States supreme court regarding the enforcement of any provision of federal immigration law. The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law or by a federal immigration agency. The bill includes a severability clause. The bill takes effect January 1, 2018, and applies to acts or omissions occurring on or after said date. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition. Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR). (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing. Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018. Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund). Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. All moneys in the fund must be expended for the purpose of supporting new or existing programs that: Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units. The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is: Up to 80% of the area median income for rental occupancy; and Up to 110% of the area median income for home ownership. This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents. New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill. Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
