The bill creates definitions of a student 'threat assessment' and a student 'suicide assessment'. The bill requires that when a student transfers to a new public school, including a charter or pilot school (public school), if the student's file contains a threat or suicide assessment and if the new public school, or a person acting on behalf of the student, requests copies of the student's records, the previous public school, or out-of-home placement if applicable, is required to transfer the student's threat or suicide assessment to his or her new public school with the other records requested. If a request for records is not made, the previous public school is not required to independently transfer the threat or suicide assessment. Current law allows for the transfer of threat or suicide assessments, but it does not require it.(Note: This summary applies to this bill as introduced.)
Sponsored bills
Currently, a brewery licensed as a wholesaler may conduct tastings and sell its alcohol beverage products at its licensed premises, and a spirits distillery or winery may do so at its licensed premises and at one additional sales room. The bill permits these licensees to operate up to 2 additional sales rooms. The brewery sales room locations are limited to three consecutive days. Current law authorizes the state licensing authority to specify, by rule, the time by which a local licensing authority must submit a response to an application to operate a temporary sales room for not more than 3 days. The bill applies this standard to a brewery. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days. During the 14-day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required. (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.)
The bill allows the banking board and the state bank commissioner to share records and other information about banks, trust companies, and money transmitters with banking or financial institution regulatory agencies of other states or United States territories if the governmental agency is required to maintain the confidentiality of the records and shares similar information with the division of banking. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. The bill allows an employer, whether filing as an individual or a corporation, to claim a deduction for any amount that the employer contributes to an employee's college trust account or savings account that is administered by collegeinvest. This deduction may be claimed even if the contribution has already been deducted from the employer's federal taxable income. (Note: This summary applies to this bill as introduced.)
The Colorado 'Procurement Code' (code) governs how executive branch agencies, other than institutions of higher education that have opted out of the code, buy goods and services. The code is administered by the department of personnel (department) and exists to help keep the public trust, promote fair competition, make efficient use of taxpayer dollars, and allow the state to effectively do the people's business. The code has been amended many times over the years, but it has not been reviewed in total since the general assembly enacted it in 1982. General updates (Sections 5, 6, 10, 13, 15, 17 through 20, 22 through 24, 32, and 37). The code is based on the 1979 American bar association model procurement code. When the state adopted the model code, much of the structure and terminology was adopted as drafted by the American bar association rather than conforming the structure and language to the Colorado Revised Statutes. The bill updates the terminology used in the code to make it consistent with common use, simplifies reporting requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the authority of the executive director of the department to promulgate rules for the administration of the code. Promulgation of rules (Sections 9, 29, 33, 35, and 59). The executive director of the department is currently required to promulgate rules in furtherance of the code. The bill makes promulgation of rules by the executive director of the department (executive director) permissive throughout the code and authorizes the director to delegate his or her authority to promulgate rules. Ethics (Sections 2 and 4). State procurement professionals follow the 'Procurement Code of Ethics and Guidelines' (guidelines), which were established by the Colorado procurement advisory council. The guidelines are often interpreted to apply only to procurement staff and not to other people involved in the procurement process. The bill clarifies that state procurement officials, end users, vendors and contractors, and interested third parties are required to adhere to ethical standards during all phases of the procurement process. Procurement training (Section 4). The bill authorizes the chief procurement officer to develop and conduct a procurement education and training program for state employees and for vendors. Application of the code (Section 3). Certain purchasing activities are currently exempt from the code, such as bridge and highway construction, the awarding of grants to political subdivisions, and procurement by institutions of higher education that have formally opted out of the code. The bill exempts the procurement of specified additional goods and services from the code. Grants (Sections 3 and 6). Currently, the application, processing, and management of grants is inconsistent across state agencies. The bill amends the definition of 'grant' to provide consistency and to comply with federal requirements including the office of management and budget uniform guidance. Multiyear contracts (Section 38). Currently, the state may enter into a contract for any period as long as the contract term is included in the solicitation. If a contract term ultimately needs to exceed the period specified in the solicitation, the contract cannot be extended and a new contract is required. The bill authorizes the state to extend an existing contract, with approval of the chief procurement officer, for a reasonable period if extenuating circumstances exist. Contract management system (Section 38). The centralized contract management system and related requirements for contract provisions, monitoring, and reporting were established for the purpose of improving the state's contracting process. The bill repeals provisions related to contract monitoring and reporting and allows for remedies, including suspension or debarment, for contractors who do not perform. Contract terms and conditions (Section 39). The process to negotiate vendor terms and conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and that the contract be governed by the vendor's choice of law rather than Colorado law. However, indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by the state and requires that state contracts be governed by Colorado law. Market research (Section 15). A request for information (RFI) is a commonly used method for obtaining information about pending procurements and doing market research. Currently, RFIs are referenced in the procurement rules but not in the code. The bill establishes an RFI process in the code as a market assessment and information gathering tool and clarifies the appropriate methods to conduct market research. Administrative remedies (Section 40 through 51). The bill clarifies the administrative remedies provisions in the code and provides guidance regarding the remedies process. Specifically, the bill clarifies who may ratify a violation of the code, specifies when a stay will apply, authorizes the executive director to refer an appeal to the office of administrative courts, and states that only material issues may be appealed. Confidentiality and CORA (Sections 7 and 21). Pursuant to current law, procurement records are public records, with some exceptions under the 'Colorado Open Records Act'. Procurement records, including bids and responses to RFIs, often contain information that is proprietary or confidential by the submitting entity. The bill clarifies that all responses to RFIs are confidential until after an award based on the RFI has been made or until the procurement official determines that the state will not pursue a solicitation based on the RFI. The bill also authorizes the executive director of the department to promulgate rules to clarify the process for classifying confidential or proprietary information. Procurement set asides, preferences, and goals (Sections 25 through 28). Current law allows a set aside in state procurement for persons with severe disabilities. The bill streamlines the process by which state agencies and nonprofit agencies that employ people with severe disabilities may use the set aside program and authorizes the executive director to promulgate rules for the administration of the program. In addition, current law contains many procurement preferences and goals; however, these preferences and goals are located in various provisions of the code and in other provisions of the Colorado Revised Statutes. The various locations of these provisions, as well as inconsistent terminology in the preference and goal provisions, make it difficult for vendors and procurement officials to know how each preference and goal should be applied. The bill relocates currently existing procurement preferences and goals into a new part and makes the language of those provisions consistent where possible. Cooperative purchasing (Section 52). Cooperative purchasing is procurement conducted by, with, or on behalf of more than one public procurement entity. It increases the opportunity for the state and local governments to obtain volume discounts through joint purchasing and it lowers the transaction costs of both purchasing agencies and vendors. The bill provides state agencies with more flexibility to use cooperative purchasing to increase efficiencies and maximize state resources. Conforming amendments (Sections 1, 8, 11, 13, 20, 30, 31, 34, 36, 53 through 58, and 60 through 75). The bill makes necessary conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In the 2016 legislative session, the general assembly enacted Senate Bill 16-197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include: Authorizing persons licensed to sell at retail on or before January 1, 2016, to obtain multiple retail licenses, subject to a tiered schedule, to restrictions based on proximity to another retail licensed premises, and to other requirements and limitations; Allowing retail liquor stores to sell a broad array of nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products; Requiring retail licensees to check the identification of consumers purchasing alcohol beverages to verify that they are at least 21 years of age; Prohibiting employees of certain alcohol beverage licensees who are under 21 years of age from selling malt, vinous, or spirituous liquors; and Changing the hours during which fermented malt beverages may be sold from between 5 a.m. and 12 midnight to between 8 a.m. and 12 midnight. The bill modifies portions of the 2016 legislation as follows: Modifies the definition of a liquor-licensed drugstore to specify that the licensee need not be a drugstore but must have a licensed drugstore within its premises ( section 1 ); Excludes revenues from the sale of cigarettes, tobacco products, nicotine products, and lottery products from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products ( sections 1 and 3 ); Imposes the proximity restrictions on a retail liquor store that is seeking permission to relocate its premises to ensure the new location is not within 1,500 feet of another business licensed to sell at retail, or, if in a small town, within 3,000 feet of another business with a retail sales license ( section 2 ); Allows a liquor-licensed drugstore that applied for a new liquor-licensed drugstore license before October 1, 2016, to obtain multiple retail licenses, subject to the schedule established in the 2016 legislation ( section 4 ); Allows a corporation member of a controlled group of corporations that owns or has an interest in a liquor-licensed drugstore to obtain interests in additional liquor-licensed drugstores in the same manner as any other member of the controlled group, but the entire group is subject to the limits on the total number of multiple licenses allowed under current law; ( section 4 ) Restores the hours for permitted sales of fermented malt beverages to between 5 a.m. and 12 midnight ( section 5 ); Clarifies that employees of a licensed tavern or lodging and entertainment facility that regularly serves meals, which employees are under 21 years of age, are not prohibited from selling alcohol beverages ( section 5 ); Repeals the requirement that retail sales licensees check customers' identification to verify their age ( sections 4 and 5 ); and Exempts liquor-licensed drugstores from the prohibition against having an automated teller machine on the premises from which individuals enrolled in public assistance programs administered by the department of human services may obtain cash benefits through the electronic benefits transfer service ( section 6 ).(Note: This summary applies to this bill as introduced.)
The bill repeals the death penalty in Colorado for offenses committed on or after July 1, 2017, and makes conforming amendments. (Note: This summary applies to this bill as introduced.)