The bill permits the issuance of a marriage license only to a person who is 18 years of age, unless the person is at least 16.5 years of age and emancipated through a court procedure. The bill creates a statutory procedure for the emancipation of minors. The court may issue an order for emancipation if the minor has attained 16.5 years of age at the time the order becomes effective, the order is in the minor's best interests, and the court determines that the minor has met the statutory requirements for emancipation, including but not limited to the ability to support himself or herself and to manage his or her own affairs. The court shall provide a minor with information about rights and responsibilities of emancipation and alternatives to emancipation and shall appoint an attorney to serve as guardian ad litem for the minor to investigate and report on the statutory criteria and the minor's best interests. The bill includes provisions relating to who may file a petition for an order of emancipation, the contents of the petition, and the hearing procedure and necessary court findings. As a result of the statutory procedure, an emancipated minor is considered to be 18 years of age and shall have all of the rights and responsibilities of a person who is 18 years of age; except that an emancipated minor is still subject to age restrictions relating to voting and possession of tobacco products. (Note: This summary applies to this bill as introduced.) Read More
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Advance behavioral health orders for scope of treatment form. Under current law, an adult may establish advance medical orders for scope of treatment, allowing an adult to establish directives for the administration of medical treatment in the event the adult later lacks decisional capacity to provide informed consent to, withdraw from, or refuse medical treatment. The act creates a similar order for behavioral health orders for scope of treatment so that an adult may communicate his or her behavioral health history, decisions, and preferences. The act: Lists the requirements for a behavioral health orders for scope of treatment form; Details the duties and immunities of emergency medical services personnel, health care providers, and health care facilities with respect to treating an adult with behavioral health orders for scope of treatment; Details how a behavioral health orders for scope of treatment form is executed, amended, or revoked; and Prohibits an effect on a health insurance contract, life insurance contract, or annuity, by executing or failing to execute a behavioral health orders for scope of treatment.(Note: This summary applies to this bill as enacted.) Read More
Income tax- military service - reacquisition of residency. Under current law, an individual in active duty military service whose home of record is Colorado and whose state of residence is a state other than Colorado is allowed to reacquire residency in Colorado and not pay Colorado state income tax on his or her military income. The act creates a presumption that the individual acquired residence in a state other than Colorado if the individual was stationed in another state and provides certain documentation to demonstrate that the other state was the individual's residence. If an individual is presumed to have acquired a state of residence other than Colorado, the presumption may only be overcome with a preponderance of specific evidence that clearly establishes that the individual did not intend to change his or her residence to a state other than Colorado. (Note: This summary applies to this bill as enacted.) Read More
Section 2 of the bill establishes leave savings accounts. A leave savings account is an account with a financial institution for which the individual uses money to pay for any expense while he or she is on eligible leave, which includes: The birth of a child of the individual and in order to care for the child; The placement of a child with the individual for adoption or foster care; Caring for a spouse, child, or parent of the individual if the spouse, child, or parent has a serious health condition; A serious health condition that makes the individual unable to perform the functions of the position of the individual; or Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the individual is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces. An individual may annually contribute up to $5,000 of state pretax wages to a leave savings account. Employers may also make a matching contribution to an employee's leave savings account. The department of revenue is required to establish a form about a leave savings account, and the individual must annually file this form to be eligible for the tax benefit. Sections 3 and 4 allow an employee and an employer to claim a state income tax deduction for amounts they contribute to the employee's leave savings account. Section 3 also allows a taxpayer to deduct any interest or other income earned on the investment during the taxable year from their leave savings account. Regardless of how the money is deposited in the leave savings account, if an individual uses money in the account for an unauthorized purpose, then the money is subject to recapture in the year it is withdrawn and to a penalty equal to 10% of the amount recaptured. Section 5 creates an income tax credit for an employer that pays an employee for leave that is between 6 and 12 weeks long for one of the following reasons: The birth of a child of the employee and in order to care for the child; Placement of a child with the employee for adoption or foster care; Caring for a spouse, child, or parent of the employee if the spouse, child, or parent has a serious health condition; A serious health condition that makes the employee unable to perform the functions of the position of the employee; or Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces. For employers with fewer than 50 employees, the credit is equal to 50% of the amount paid, and for employers with 50 or more employees it is equal to 25% of the amount paid. The credit is not refundable, but it may be carried forward up to 5 years. (Note: This summary applies to this bill as introduced.) Read More
Current law allows the department of public health and environment (department) to waive certain certification requirements for toxicology laboratories that are accredited by the American board of forensic toxicology or the international standards organization. The bill changes the waiver requirement to allow the department to waive certification requirements if the laboratory is accredited by an entity using nationally or internationally recognized forensic standards.(Note: This summary applies to this bill as introduced.) , Read More
The bill implements several recommendations from the child support commission, including: Authorizing a county delegate child support enforcement unit (county CSEU) to file a notice of withdrawal in any proceeding in which they are a party when the county CSEU case is closed; Authorizing a county CSEU to produce, issue, and serve a subpoena to compel a party in a juvenile case to provide a genetic test sample for purposes of determining paternity; Clarifying terms in child support enforcement statutes, including 'administrative process action' or 'APA', 'APA-respondent', and 'APA-petitioner'; Establishing parameters for negotiation conferences to establish a child support obligation and parameters for missing such a scheduled conference; Allowing an APA-respondent to opt out of an administrative process action and request, in writing, a court hearing; Establishing timelines and guidelines for service of notice of financial responsibility; Clarifying the requirements allowing a court to issue an order of default; Establishing requirements for filing genetic testing results with the court; Requiring a party to an administrative process action that retains legal counsel to provide written notice of such legal counsel, or termination of legal counsel, to the county CSEU; Establishing the rights and duties of all parties to an administrative process action case; and Setting forth procedures for requesting a court hearing or transfer of jurisdiction or entering a default order of modification. The bill requires the participation of county CSEUs and insurance companies in the child support insurance lien network data match, establishes the child support insurance lien fund (fund) and authorizes payments into the fund from fees collected by the state child support enforcement agency in its efforts to attach insurance claim payments, awards, and settlements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill amends the definition of 'marijuana' to exclude prescription drug products approved by the federal food and drug administration and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado. The bill also specifies that the change does not restrict or otherwise affect regulation of or access to: Marijuana that is authorized the Colorado constitution and statutes; or Industrial hemp and derivatives therefrom, as authorized by the Colorado constitution and statutes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill directs the Colorado commission on criminal and juvenile justice to study the issue of institutional child abuse for children and youth in facilities operated by the department of human services. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the general assembly. The bill adds language to the definition of 'institutional abuse' in the Colorado Children's Code to clarify that it includes an act or omission that threatens the life, health, or welfare of a person younger than 21 years of age who is under the continuing jurisdiction of the court. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Public Health Care and Human Services Committee. The bill continues the Colorado advisory council for persons with disabilities (council), but transfers it from the office of the governor to the department of health care policy and financing (department). The makeup of the council is decreased from no more than 20 members to a total of 10 members, 3 of whom are nonvoting members. The newly appointed council shall convene its first meeting on or before August 1, 2018, and meet quarterly thereafter. The department is authorized to provide staff support to the council. The powers and duties of the council are expanded and articulated. On or before January 1, 2019, the department shall designate, from interested applicants, a Colorado nonprofit organization (nonprofit) to perform the duties and responsibilities of the disabled parking education program that, under current law, is under the purview of the council. On or before December 1, 2019, the council shall make a recommendation to the department concerning whether or not to contract with the nonprofit to administer the disabled parking program for an addition year or to return the duties to the council. The council is scheduled for a sunset review prior to repeal in September 2023. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More