The bill allows a state-funded, community-based preschool program, school district, or charter school (enrolling entity) to impose an out-of-school suspension or expel a student enrolled in preschool, kindergarten, or first or second grade only under specified circumstances. If the enrolling entity imposes an out-of-school suspension, the length of the suspension is limited to 3 school days unless the executive officer or chief administrative officer of the enrolling entity determines that a longer period is necessary to resolve the safety threat or recommends that the student be expelled. The state board of education (state board) cannot waive the provisions concerning suspension and expulsion of young students for school districts or charter schools. Each school district and charter school must ensure that its school discipline code reflects the requirements specified in the bill. The state board must annually review the data concerning suspensions and expulsions of students in preschool, kindergarten, and first and second grade. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Sponsored bills
County, municipal, and political subdivision officers' and employees' retirement systems - employer withdrawal from system - current employees who are peace officers. For a local government that has adopted a plan or system of retirement benefits for its elected or appointed officers and for its employees and that maintains an association for the purchase, establishment, or procurement of a retirement plan or system (association), a new mechanism for certain employers to withdraw from its participation in the association is created. The board of county commissioners may, after an association has been provided an opportunity to present information to the board of county commissioners regarding the advantages or disadvantages of withdrawal from the association, initiate the withdrawal of current employees who are peace officers from its participation in and contributions to a defined contribution plan offered by an association for the purpose of joining a retirement plan offered by the fire and police pension association. For such a withdrawal, the approval requirement to withdraw is 55% of all current employees who are peace officers proposed to be withdrawn from participation in a defined contribution plan offered by the association. If the withdrawal from the defined contribution plan offered by an association is approved, a current employee who is a peace officer may elect to remain an active member of the defined contribution plan. A current employee who is peace officer is required to notify the association and the board of county commissioners whether he or she will remain in the defined contribution plan or become part of the defined benefit plan administered by the fire and police pension association. If a current employee who is a peace officer does not provide such notice, the current employee will remain in the defined contribution plan. A peace officer who is hired on or after the effective date of the retirement plan offered by the fire and police pension association will be enrolled in the retirement plan offered by the fire and police pension association. A board of county commissioners may use the new withdrawal provision once every 4 years. A board of county commissioners may also use the existing withdrawal provision to initiate the withdrawal of current employees who are peace officers from its participation in a defined contribution plan. (Note: This summary applies to this bill as enacted.) Read More
State institutions of higher education - requirements for developmental education and basic skills courses - supplemental academic instruction. The act directs the Colorado commission on higher education (commission) to adopt a developmental education policy requiring the governing boards of state institutions of higher education (institutions) to maximize the likelihood of success in entry-level (gateway) college-level course work when placing students into developmental education. The act also specifies that institutions cannot place a student into developmental education based on a single instrument or test. For institutions authorized to offer developmental education, the act requires that, by 2022, such institutions shall directly enroll no more than 10 percent of students enrolling in the institution into stand-alone developmental education courses that may extend the student's time to degree. Instead, a student should be enrolled in a gateway college-level course with additional supports through supplemental academic instruction (SAI) or co-requisite remediation. The act allows institutions to pilot new approaches to remediate students who may not benefit from SAI or co-requisite remediation and to seek waivers from the commission to expand or duplicate successful pilots. The act authorizes all 4-year institutions to offer SAI, without approval from the commission, to students who need additional supports to be successful in college-level courses. The act clarifies and adds reporting requirements relating to developmental education and SAI. The act changes the term "basic skills" in statute to "developmental education" and makes conforming amendments throughout. (Note: This summary applies to this bill as enacted.) Read More
Background checks - criminal history record check - name-based criminal history record check. Certain persons subject to a fingerprint-based criminal history record check must submit to a name-based criminal history record check when the fingerprint-based check reveals a record of arrest but does not show a disposition in the case. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Protective services - access to records - information sharing between APS and CPS. The act allows adult protective services (APS) to access child abuse or neglect records and reports when the information is necessary for APS to adequately assess the safety, risk, or provision of services for an at-risk adult. The act prohibits a substantiated perpetrator from receiving any identifying information about the person who made a report of the mistreatment or self-neglect of an at-risk adult. The act allows any person named as an at-risk adult in a report, or the person's guardian or guardian ad litem, to access the report without a court order. The disclosure must not include any identifying information about the person who made the report. The act requires a court order if the substantiated perpetrator is the guardian of the at-risk adult. The act allows child protective services (CPS) to access information about mistreatment or self-neglect of an at-risk adult, without a court order, when the information is necessary for CPS to adequately assess the safety, risk, or provision of services for a child. The act limits the disclosure of information shared from APS and CPS to information regarding prior or current referrals, assessments, investigations, or related case information involving an at-risk adult and an alleged perpetrator. (Note: This summary applies to this bill as enacted.) Read More
Pharmacies - authority of hospice or convalescent center to operate as a pharmacy. The act allows a licensed hospice or convalescent center to procure, store, order, dispense, and administer prescription medications. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
School district capital construction assistance program - grants to support career and technical education. The act amends the "Building Excellent Schools Today Act" to allow the public school capital construction assistance board (board) to provide grants to support career and technical education capital construction, which is defined as: New construction or retrofitting of public school facilities for certain career and technical education programs; and Equipment necessary for individual student learning and classroom instruction, including equipment that provides access to instructional materials or that is necessary for professional use by a classroom teacher. The act requires the board to report annually to the capital development committee and to the education and finance committees of the house of representatives and the senate, or to any successor committees, concerning the issuance and denial of career and technical education capital construction grants during the preceding year. (Note: This summary applies to this bill as enacted.) Read More
Current law allows contributions to a qualified state tuition program, also known as a 529 account, so long as the distributions are used for qualified higher education expenses, with some exceptions, but not for elementary and secondary tuition expenses. The federal "Tax Cuts and Jobs Act", which became law in December 2017, added distributions for tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school as qualified distributions thereby allowing, on the federal level, income tax-free distributions for certain elementary and secondary education expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill makes similar changes to Colorado law to allow a deduction for contributions to qualified state tuition programs for tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school and designating such expenses as qualified distributions, which ensures that a taxpayer does not encounter tax recapture of any claimed deductions when such contributions are distributed for tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school. (Note: This summary applies to this bill as introduced.) Read More
The United States Supreme Court, on June 21, 2018, decided South Dakota v. Wayfair, Inc., et al. , overruling 2 previous United States Supreme Court cases that stood for the rule that a state could not require an out-of-state retailer to collect sales tax if the retailer lacked physical presence in the state. Because of the Wayfair decision, states can require retailers without physical presence in the state to collect sales tax on purchases made by in-state customers so long as the sales tax system in the state is not too burdensome for the out-of-state retailer. The bill simplifies the state sales tax system for retailers without physical presence by: Not requiring retailers without physical presence that only transact limited business in Colorado to collect sales tax; Specifying that only the state's sales tax base, not a local sales tax base, will apply to all sales made by retailers without physical presence; Requiring that the department of revenue (department) be responsible for all state and local sales tax administration and return processing, including the establishment of a single form for returns; Specifying that a central audit bureau is the sole entity within the state that is responsible for auditing retailers without physical presence and specifying that the central audit bureau be developed by the department in coordination with local taxing jurisdictions; Establishing that sales are taxed based on where the goods are delivered (destination sourcing) for all sales made by retailers without physical presence in the state, including local taxing jurisdictions, but specifying that destination sourcing is not required for sales made by Colorado retailers; Requiring the department to provide information to retailers without physical presence that indicates the taxability of products and services along with any product and service exemptions from sales tax in the state; Requiring the department to provide retailers without physical presence a sales tax rate database and a database of local taxing jurisdiction boundaries; Requiring the department to make available free-of-charge software that calculates sales taxes due on each transaction at the time the transaction is completed, files sales tax returns, and updates to reflect any tax rate changes for the state or any local taxing jurisdiction; Allowing the department to contract with one or more certified software providers without regard to the procurement code to provide the software or provide access to the software; Allowing a retailer to elect to collect and remit sales tax on its own, without using the services of a certified software provider, or allowing a retailer to elect to use the services of a certified software provider; Specifying that, in providing the software free of charge, the contracts negotiated between the department and the certified software providers must provide that all or a portion of the vendor fee may not be retained by the retailer electing to utilize the services of a certified software provider but will instead be retained by the certified software provider as payment for its services; Requiring the department to establish certification procedures for persons to be approved as certified software providers; and Providing the required relief of liability for errors to retailers without physical presence and other retailers utilizing the software. The bill allows local taxing jurisdictions governed by a home rule charter to opt in by passing an ordinance, resolution, or accepting the state's administration and distribution of its local sales tax on sales made by retailers without physical presence that is collected and remitted by such sellers in accordance with the bill. (Note: This summary applies to this bill as introduced.) Read More