The bill strengthens existing legal protections under the federal 'Volunteer Protection Act of 1997' and Colorado's 'Volunteer Service Act' for individual volunteers and nonprofit entities who build or maintain recreational trails and related facilities pursuant to grants received under Colorado's 'Recreational Trails System Act of 1971'. Specifically, the bill: Establishes either gross negligence or willful and wanton conduct as the minimum basis for liability, depending on whether the subject is an individual volunteer, a nonprofit entity, or a director, officer, or trustee of a nonprofit entity; Prohibits a grant agreement or procurement contract from requiring a nonprofit entity or volunteer to obtain insurance coverage for liability arising from completed operations; and Extends qualified immunity to a volunteer who operates a motor vehicle, including an off-highway vehicle or snowmobile, as part of a land stewardship activity.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill directs the office of the state auditor (OSA) to conduct or cause to be conducted an audit of client correspondence, including letters and notices, sent to clients or potential clients in medicaid programs. The audits will be conducted in 2020 and 2023 and thereafter at the discretion of the state auditor. Among other items set forth in the bill, the performance audits will review client correspondence for readability, understandability, and accuracy. In addition, the audits will review available county data regarding customer contacts relating to client confusion with client correspondence. The OSA will report audit findings, conclusions, and recommendations to the legislative audit committee, the joint budget committee, the public health care and human services committee of the house of representatives, the health and human services committee of the senate, and the joint technology committee, or any successor committees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
If a court determines that a criminal defendant is currently serving in the United States armed forces or is a veteran of such forces (military defendant) and has been diagnosed as having any of certain mental health problems relating to his or her military service, the court shall: Order the person preparing the presentence report to consult with the federal department of veterans affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local program options; and Consider such treatment options, as well as the treatment recommendations of any diagnosing or treating mental health professionals, in imposing sentence. If the court determines that a military defendant suffers sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems during his or her service in the United States armed forces and the defendant is eligible for probation, the court shall consider such fact favorably in determining whether to grant probation and in assessing whether he or she should be ordered into a federal or community-based treatment service program. The bill allows a court to order the criminal conviction records of a military defendant to be sealed when certain conditions are satisfied. (Note: This summary applies to this bill as introduced.)
The bill repeals the Colorado family support loan fund and transfers any money remaining in that fund to a new fund created in the family support services program. The new family support services fund may be used for expenses relating to the termination and wind up of the Colorado family support loan fund, and to provide services under the family support services program to support families caring for a family member with intellectual and developmental disabilities. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill provides that a governmental entity may only require an electronic communication service or remote computing service provider to disclose the contents of an electronic or wire communication pursuant to a valid search warrant or court order for production of documents. The warrant or order must include a finding of probable cause to search and seize or produce the electronic or wire communication. An exception to the search warrant or order requirement is established if the time required to obtain the warrant or order would result in a risk of death or substantial bodily injury to a person or if certain persons consent to the release of the contents. The bill also excludes from its provisions situations when a peace officer may lawfully obtain the information from an electronic device in the officer's lawful possession or when only location information is sought pursuant to another statute. The bill also requires the governmental entity to give the customer notice of the search warrant and the disclosure unless the court orders that the notice need not be given due to specified circumstances. The bill prohibits any evidence obtained in violation of the bill from being introduced as evidence or used to obtain a search warrant or court order and provides immunity to an electronic communication service or remote computing service for complying with or objecting to a search warrant. (Note: This summary applies to this bill as introduced.)