Rep. Terri Carver

Sex offenses - sexual contact definitions. The act adds the following conduct to the definition of sexual contact for the purposes of defining sex crimes: The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; and Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact is for the purpose of sexual arousal, gratification, or abuse.(Note: This summary applies to this bill as enacted.) Read More

Prohibition on local government requiring license or permit for a business operated on an occasional basis by a minor - minor business must be located sufficient distance from commercial entity - general police powers still apply. The act prohibits any county, municipality, or city and county (local government) or any agency of a local government from requiring a license or permit for a business that is: Operated on an occasional basis by a minor (a person under the age of 18 years); and Located a sufficient distance from a commercial entity, determined by the local government, that is required to obtain a permit or license from the local government or an agency of the local government to prevent the minor's business from becoming a direct economic competitor of the commercial entity. The act defines "occasional basis" to mean the business does not operate more than 84 days in any one calendar year. The act specifies that it does not prohibit a local government from enacting and enforcing local laws under the local government's general police power in regard to the manner in which a business may be conducted by a minor with the exception of a requirement that the minor obtain a permit or license prior to engaging in the business. (Note: This summary applies to this bill as enacted.) Read More

District court judges - increases - outreach position - reports - appropriation. The act increases by one the number of district court judges in the first, eighth, tenth, thirteenth, seventeenth, eighteenth, and twenty-first judicial districts; by 2 in the fourth and nineteenth judicial districts; and by 4 in the second judicial district. The act creates a new position in the judicial department for outreach and education of judicial positions. The position provides reports to the chief justice and the judiciary committees of the senate and the house of representatives, or any successor committees, concerning the background, professional history, and qualifications of judicial officers. The act also requires the state court administrator to annually report to specified committees of the general assembly specified case management statistics. The act appropriates $7,417,731 to the judicial department to implement the increased number of judges and the new position. (Note: This summary applies to this bill as enacted.) Read More

Prior to adopting rules under the "State Administrative Procedure Act" (APA), a state agency (agency) is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines "small business" as a business that is independently owned and operated and employs 100 or fewer employees. When preparing the regulatory flexibility analysis, an agency is required to consider methods to reduce the impact on small businesses, including the following: Establishing less stringent compliance or reporting requirements; Establishing less stringent schedules or deadlines for compliance or reporting requirements; Consolidating or simplifying compliance or reporting requirements; Establishing different performance standards; and Exempting small businesses from compliance requirements. The agency is also required to: Determine the necessity for the proposed rules; Identify the fiscal impact of the rules; Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach. The agency is required to file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules. The existing provision in the APA on forming a representative group to give input on proposed rules is amended to require an agency proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules. The executive director of the department of regulatory agencies (executive director), or the executive director's designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that agencies prepare. A small business that is adversely affected or aggrieved by the failure of an agency to comply with the regulatory flexibility analysis requirements may: File a request with the executive director to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis; or Request a hearing on the matter before an administrative law judge.(Note: This summary applies to this bill as introduced.) Read More

The bill prohibits the department of transportation (CDOT) or any enterprise of CDOT from constructing or designating a managed lane on a state highway unless: CDOT or the enterprise, taking safety, productivity, and public cost considerations into account, considering multiple highway configuration options and both managed lane options that include tolling and managed lane options that do not include tolling, and balancing any safety impacts against the productivity and other benefits of capacity expansion and congestion relief, has thoroughly evaluated specified alternative means of increasing the capacity of and reducing traffic congestion on the state highway; CDOT or the enterprise has published detailed written, data-based findings that clearly establish that when compared to the addition of one or more managed lanes all of the alternatives evaluated are unfeasible or too unsafe to be implemented or would not provide adequate capacity expansion and congestion relief; and CDOT has complied with new requirements of the bill that it prepare and make readily available to the public on its website a written report of the results of its public outreach efforts relating to the managed lane and annually summarize the report for the transportation and local government committee of the house of representatives and the transportation and energy committee of the senate. "Managed lane" is defined to include a toll lane, a high occupancy toll lane, or a high occupancy vehicle lane. (Note: This summary applies to this bill as introduced.) Read More

The bill authorizes a public school, in kindergarten through eighth grade, to choose an American civics course of study option to meet or exceed the Colorado academic standards adopted by the state board of education for civics education. The bill lists the topics relating to the United States' and Colorado's systems of government that are included in an American civics course of study option and describes the use of comparative analysis when studying other countries' systems of government. A public school is encouraged to use the community forum process for community input on civics education currently in law to inform the content of an American civics course of study option. (Note: This summary applies to this bill as introduced.) Read More

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The bill allows private employers to give preference to veterans of the armed forces or the National Guard when hiring, promoting, and retaining employees as long as the veterans are as qualified as other individuals. The bill clarifies that employers who adopt a program that gives preferences to veterans are not committing a discriminatory or unfair labor practice.(Note: This summary applies to this bill as introduced.) Read More

For purposes of state sales and use tax, a 'charitable organization' includes veterans' organizations as defined in federal law, but such organizations are limited to those that sponsor special events, meetings, or other functions in the state that are not part of the organization's regular activities in the state. In other words, a veterans' organization may not claim the charitable organization sales and use tax exemption for its regular activities in the state. This limitation is not found in the federal tax law granting veterans' organizations federal tax exempt status. The bill makes state law consistent with federal law and will treat veterans' organizations registered under section 501 (c)(19) of the federal internal revenue code the same way as veterans' organizations registered under section 501 (c)(3) of the federal internal revenue code. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill specifies that an autopsy report prepared in connection with the death of a minor is confidential and may be disclosed by the county coroner to any other person or entity only in accordance with certain exceptions. Under the bill, the coroner or his or her designee may only provide a copy of the autopsy report prepared in connection with the death of a minor to: A parent or legal guardian of the deceased if the parent or legal guardian submits a copy of a written request to the coroner for a copy of the report in addition to an affidavit, signed by the parent or legal guardian under the penalty of perjury, verifying his or her relationship to the decedent; A law enforcement or criminal justice agency, including a district attorney, that is either investigating the death or prosecuting a criminal violation arising out of the death upon the request of the law enforcement or criminal justice agency, including a district attorney; A requesting party in a civil case where the moving party demonstrates to the court that the autopsy report is discoverable in accordance with the Colorado rules of civil procedure, upon the entry of a specific order of the court authorizing disclosure of the autopsy report, and in accordance with any protective order necessary to limit disclosure of the identity of the deceased and other identifying personal information; Counsel for the defendant, or the defendant if he or she is not represented by counsel, for discovery purposes in a criminal case upon the entry of a specific order of the court authorizing disclosure of the autopsy report in accordance with the relevant rules of criminal procedure only if discovery has not otherwise been provided to counsel or the defendant; A law enforcement agency that is investigating the death upon the request of the law enforcement agency; A local or regional child fatality prevention review team upon the request of the review team; The Colorado department of public health and environment as necessary for the collection of data in accordance with the Colorado violent death reporting system. The Colorado child fatality review team upon the request of the review team; A county department of human or social services in connection with the investigation of an incidence of alleged abuse or neglect of a minor; The division of youth services in the department of human services in connection with the investigation of a fatality that has occurred within a state owned or operated residential facility; A community clinic or a treating hospital for inclusion within the medical records of the deceased; An eye bank, an organ procurement organization, or a tissue bank; or A local or regional domestic violence fatality review team or the Colorado domestic violence fatality review board upon the request of a team or the board, as applicable.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More