The bill requires the department of public safety to include in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' hearing information concerning reports submitted by law enforcement agencies concerning crimes committed in the state during the previous year, including but not limited to information concerning reports of bias-motivated crimes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks. Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the Pueblo chile special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Education Committee. The Colorado health service corps advisory council reviews applications and makes recommendations for participation in the Colorado health service corps program (program). The program awards educational loan repayment for medical professionals who agree to provide primary health services in federally designated health professional shortage areas in Colorado. The bill continues the Colorado health service corps advisory council indefinitely. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Signed by the President of the Senate
Under current law, a county seeking to establish a local improvement district to fund a telecommunications service improvement may construct the improvement if the county has an agreement with a telecommunications service provider to provide service, facilities, plants, or systems in the area in which the improvement will be constructed. The improvement must then be owned, operated, and maintained by the telecommunications service provider. The bill allows a rural county with a population of fewer than 50,000 inhabitants to establish a local improvement district to fund an advanced service improvement in an unserved area of the county under the same conditions that apply to the funding of a telecommunications service improvement through a local improvement district. The bill also defines the terms 'advanced service', 'rural county', and unserved area'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies certain statutory requirements applicable to a downtown development authority (authority) in the following respects: In all cases where any plan of development managed by the authority includes an allocation of property tax increment generated by the mill levy imposed by one or more public bodies that are not municipalities, the bill requires that one director of the board of such authority be appointed by agreement of the boards of county commissioners of each county other than a city and county whose property taxes are subject to allocation under any such plan. One director must also be appointed by agreement of the boards of education of each school district whose property taxes are subject to allocation under any such plan and one director must also be appointed by agreement of the boards of directors of each special district whose property taxes are subject to allocation under any such plan. The bill specifies additional requirements applicable to the appointment of board members. In connection with existing statutory procedures permitting an authority to allocate taxes it collects to a special fund to finance a plan of development, the bill clarifies that the taxes that may be allocated are the property taxes of specifically designated public bodies. Before any plan of development containing any tax allocation provisions that allocates any taxes of any taxing entity other than the municipality may be approved by the municipal governing body, the bill requires the authority to notify the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan. Representatives of the authority and the governing body of the municipality and of each taxing entity are then required to meet and attempt to negotiate an agreement governing the sharing of incremental property tax revenue collected within the plan of development area. The agreement may be entered into separately among the municipality, the authority, and each such taxing entity, or through a joint agreement among the municipality, the authority, and any taxing entity that has chosen to enter into that agreement. Any such shared incremental tax revenues governed by any agreement are limited to incremental revenue that may be allocated to a plan of development. The bill gives the parties 120 days to negotiate an agreement. If, after such period has passed, the parties fail to enter into an agreement, the bill requires the parties to participate in mediation on the issue of the appropriate sharing of incremental property tax revenues and the costs of a development project among the municipality, the authority, and any such taxing entities whose incremental property tax revenues will be allocated pursuant to a plan of development and with whom an intergovernmental agreement with the municipality and the authority has not been reached. The mediation is to be conducted by a mediator jointly selected by the parties. If the parties are unable to agree on the appointment of a single mediator, the bill specifies requirements governing the appointment by the parties of a 3-mediator panel, payment of the mediator's fees and costs, and issues the mediator is to consider in making his or her determination. Within 90 days, the bill requires the mediator to issue his or her findings of fact as to the appropriate sharing of costs and incremental property tax revenues, and to promptly transmit such information to the parties. With respect to the use of incremental property tax revenues of each other taxing entity, following the issuance of findings by the mediator, the governing body of the municipality is required to: Incorporate the mediator's findings on the use of incremental property tax revenues of any taxing body into the plan of development and an intergovernmental agreement and proceed to adopt the plan; Amend the plan of development to delete authorization of the use of the incremental property tax revenues of any taxing body with whom an agreement has not been reached; or Direct the authority to either incorporate the mediator's findings into one or more intergovernmental agreements with other taxing entities or enter into new negotiations with one or more taxing entities and enter into one or more intergovernmental agreements with such taxing entities that incorporate such new or different provisions concerning the sharing of costs and incremental property tax revenues with which the parties are in agreement. The bill prohibits any incremental property tax revenues from being allocated to and paid into the special fund of the authority unless the municipality and the authority have satisfied the mediation and other requirements of the bill.(Note: This summary applies to this bill as introduced.)
The bill requires a health insurer (carrier) to develop and use standards for: Selecting participating health care providers (providers) for its network of providers; and Tiering providers within a tiered network if the carrier offers a tiered network. A carrier cannot establish selection and tiering criteria in a manner that would allow a carrier to discriminate against high-risk populations or exclude providers that treat high-risk populations. A carrier must make its standards for selecting and tiering available to the commissioner of insurance for review, communicate the standards to providers participating in one or more of the carrier's networks, and make the standards available, in plain language, to the public. Additionally, upon request but not more often than quarterly, a carrier is required to provide a provider who is participating in one or more of its networks with a complete list of all network plans and products the carrier offers to consumers. At least 60 days before implementing a decision to terminate or place a participating provider in a tiered network, a carrier must notify the affected provider in writing of the pending action, including an explanation of the reasons for the proposed action, and inform the provider of the right to request that the carrier reconsider its decision. The bill requires the carrier to develop procedures for providers to request reconsideration and sets forth minimum requirements for, components of, and deadlines for the procedures. When a carrier does not select a provider to participate in the carrier's provider network, the carrier shall provide written notice to the provider. If the commissioner determines that a carrier has failed to comply with a requirement of the bill, the commissioner shall require the carrier to follow a corrective plan and may use enforcement powers available under the insurance laws to obtain compliance. The bill appropriates $42,006 to the department of regulatory agencies for use by the division of insurance to implement the bill, with $36,828 allocated for personal services and $5,178 allocated for operating expenses and capital outlay costs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
With regard to students enrolled in preschool, kindergarten, first grade, or second grade, the bill prohibits a school district, board of cooperative services, charter school, or public preschool program (enrolling entity) from expelling a student, except as specifically required by federal law, and allows the enrolling entity to impose an out-of-school suspension on the student only under specified circumstances for 3 school days. Under additional specified circumstances, the enrolling entity may extend the out-of-school suspension to a total of 5 school days. Each school district and charter school must ensure that its school discipline code reflects the requirements specified in the bill. The state board of education cannot waive the provisions concerning expulsion and suspension of young students for school districts or charter schools. The bill specifies that school districts are required to adopt prevention and early intervention strategies to reduce the need for early childhood and early elementary grade suspensions and expulsions. The bill expands the expelled and at-risk student services grant program to include services for preschool, kindergarten, and early elementary grade students and their families. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado Commission on Uniform State Laws. Colorado has adopted the 'Uniform Unsworn Foreign Declarations Act', which allows the use of foreign unsworn declarations.. The bill expands the uniform law to include domestic unsworn declarations as contemplated by the 'Uniform Unsworn Declarations Act' and clarifies that the act applies only to the use of unsworn declarations in state courts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the definition of a pathways in technology early college (p-tech) high school to include a p-tech program that operates within a host school. In addition, in applying school accreditation requirements and reporting graduation rates, a p-tech student is counted as a high school graduate in the year in which the student completes the local education provider's or host school's minimum high school graduation requirements. A p-tech school or the host school shall notify the department of education prior to a p-tech student's twelfth-grade year if the student will be enrolled in the p-tech school for grades 13 or 14. (Note: This summary applies to this bill as introduced.)
Current law exempts amateur beer brewers and winemakers from licensing. Current law also authorizes amateur beer brewers to enter their brews in organized events, such as contests, tastings, or judgings at licensed premises. The bill expands this authorization for events to winemakers who qualify for the amateur exemption. The wine portions are limited to 6 ounces and cannot be sold to the general public. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
