The "Colorado Municipal Election Code of 1965" (code) specifies procedures that municipal clerks are required to use when mailing ballots to voters who are covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act" (UOCAVA). The code specifies that standard voting materials for the purposes of UOCAVA include a declaration prescribed to accompany a federal absentee write-in ballot; however, the municipal clerks are unable to use that declaration. The act repeals this requirement. The code also specifies that, to be valid, an active military or overseas voter must complete a signed affirmation required by federal law. The act specifies the language required to be included in the affirmation. The code currently requires all paper ballots, including mail ballots, to include a ballot stub and a duplicate stub on the top portion of the ballot. This requirement is unnecessary for mail ballots, as municipalities have other ballot verification methods. The act specifies that mail ballots are not required to include a stub and a duplicate stub. The act also amends several provisions in the code regarding mail ballot elections to be consistent with other general provisions in the code regarding municipal elections. Specifically: The provision in the code that requires nomination petitions in mail ballot elections to be corrected no later than 66 days before the election is amended to be consistent with the general provision that specifies such petitions must be amended prior to 63 days before the election; The provision in the code that requires a withdrawal affidavit for a mail ballot election to be filed by the close of business on the 63rd day prior to the election is amended to be consistent with the general provision that specifies such withdrawals must occur prior to 63 days before the election; and The wording of the self-affirmation that is required to appear on the envelope for a mail ballot is amended to be consistent with the wording of the self-affirmation that is required to appear on the envelope for an absentee ballot.(Note: This summary applies to this bill as enacted.)
Sponsored bills
The bill defines what a battery-charged fence is and limits the extent to which a local government can impose requirements relating to the installation or use of a battery-charged fence. (Note: This summary applies to this bill as introduced.)
The bill repeals language that prohibits local governments from banning the use or sale of specific types of plastic materials or restricting or mandating packaging or labeling of any consumer products. (Note: This summary applies to this bill as introduced.)
Pet Animal Care and Facilities Act - grounds for discipline - waiting period after license revocation - fines - mandatory sterilization - continuation under sunset law - appropriation. The act implements some of the recommendations of the department of regulatory agencies' sunset review and report on the Colorado "Pet Animal Care and Facilities Act" as follows: Adds as grounds for discipline, a conviction of a local, state, or federal offense involving the theft, importation, capture, neglect, or abuse of an animal; Extends the commissioner of agriculture's authority to discipline a licensee or deny a license to an applicant for crimes involving animal cruelty to cases where a licensee or applicant has entered a plea of no contest; Extends the 2-year waiting period that a licensee whose license has been revoked must wait before applying for a new license to a principal, officer, director, manager, or any other person who has substantial control or authority over the daily operations of the entity, regardless of the reason for the revocation; and Requires the state treasurer to credit all fines to the general fund. The act removes the option of an animal shelter or pet animal rescue to release a dog or cat to a prospective owner with a fee and a signed agreement to have the animal sterilized within 90 days after the date of release and prohibits the animal's release unless the animal has been sterilized by a licensed veterinarian. The commissioner of agriculture may grant an exemption to a facility in an area with limited access to licensed veterinarians. The automatic termination date of the licensing of pet animal facilities by the department of agriculture is extended until September 1, 2026, pursuant to the provisions of the sunset law. $123,007 is appropriated to the department of agriculture from the general fund to implement the act along with a 1.6 FTE. (Note: This summary applies to this bill as enacted.) Read More
Appliances and plumbing fixtures - water and energy efficiency standards for new products sold in Colorado - phase-in of requirements - list of products covered - rule-making authority - enforcement. The act updates and adopts standards for water efficiency and energy efficiency that apply to a list of consumer and commercial appliances and other products. The standards are based on state standards, federal Energy Star and WaterSense specifications, and industry standards in most cases or, where a standard is not incorporated by reference, the standard is specified by statute. The standards apply to new products sold in Colorado and are phased in over a period of 3 years, with general service lamps covered beginning in 2020, air compressors and portable air conditioners covered beginning in 2022, and all other listed products covered beginning in 2021. The act also keeps in place the water efficiency standards on certain products that were added to the Colorado statutes in 2014. The sale of a noncomplying product after the effective date of the applicable standard is punishable through a civil enforcement action by the attorney general, with penalties of up to $2,000 per violation or, in the case of the sale of a noncomplying product to an elderly person, $10,000 per violation. The executive director of the department of public health and environment is directed to collect and publish the standards that are incorporated by reference. The executive director is also authorized, but not required, to adopt rules incorporating more recent versions of standards or test methods in order to maintain or improve consistency with other state or federal agency standards, subject to a one-year grace period between adoption and enforcement of any new or amended standards. (Note: This summary applies to this bill as enacted.) Read More
Notice and preparation for elections - accessibility for voters with disabilities - independent and private marking of ballot - electronic voting device - appropriation. The secretary of state is required to establish procedures to enable a voter with a disability to independently and privately mark a ballot or use an electronic voting device that produces a paper record using nonvisual access, low vision access, or other assistive technology in order for the voter to vote in a mail ballot election. The secretary of state is required to include in the procedures a method by which a voter with a disability may request such a ballot. A voter with a disability who requests that a ballot and balloting materials be sent by electronic transmission may choose electronic mail delivery or, if offered by the voter's jurisdiction, other electronic means. The designated election official in each jurisdiction charged with distributing a ballot and balloting materials is required to transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter. A voter with a disability who receives a ballot via electronic means must print the ballot and such ballot must be received by the election official in the applicable jurisdiction before the close of polls on the day of the election. For the 2019-20 state fiscal year, $50,000 is appropriated from the department of state cash fund to the department of state for use by the information technology division. (Note: This summary applies to this bill as enacted.) Read More
Colorado human trafficking council - continuation under the sunset law. The act continues the Colorado human trafficking council (council) until September 1, 2024. The act amends the composition of the council as follows: Adds one more person who is a former victim of human trafficking for involuntary servitude and one more person who is a former victim of human trafficking for sexual servitude; Adds a new position for one person who is a representative of a statewide coalition for victims of domestic violence; and Adds a new position for one person who is a representative of an organization for victims of labor trafficking or an individual who has extensive professional experience in advocating for victims of labor trafficking. The act amends the council's requirements to make recommendations to the judiciary committees of the house of representatives and the senate. (Note: This summary applies to this bill as enacted.) Read More
Colorado state university global campus - national guard tuition assistance. The act adds Colorado state university - global campus to the list of designated institutions of higher education for purposes of tuition assistance for members of the National Guard.(Note: This summary applies to this bill as enacted.) Read More
Wraparound services - child and youth behavioral health delivery system pilot program - standardized screening tools - single statewide referral and entry point - children and youth at risk of out-of-home placement or in an out-of-home placement - appropriation. No later than July 1, 2020, the department of health care policy and financing shall seek federal authorization to provide wraparound services for eligible children and youth who are at risk of out-of-home placement or in an out-of-home placement. Upon federal authorization, the department of health care policy and financing shall require managed care entities to implement wraparound services, which may be contracted out to a third party. The act requires the department of health care policy and financing, in conjunction with the department of human services, to develop and implement wraparound services for children and youth at risk of out-of-home placement or in an out-of-home placement. The act requires wraparound services to be covered under medicaid. Upon implementation of the wraparound services, the department of health care policy and financing and the department of human services shall monitor and report the annual cost savings associated with eligible children and youth receiving wraparound services to the public through the annual "SMART Act" hearing. No later than July 1, 2020, the department of health care policy and financing is required to design and recommend a child and youth behavioral health delivery system pilot program that addresses the challenges of fragmentation and duplication of behavioral health services. The act requires the executive director of the department of human services to appoint two full-time staff persons to support and facilitate interagency coordination for the development and implementation of wraparound services. No later than July 1, 2020, the department of human services is required to select a single standardized assessment tool to facilitate identification of behavioral health issues and develop a plan to implement the tool for programmatic utilization. The act also requires the department of human services to select developmentally appropriate and culturally competent statewide behavioral health standardized screening tools for primary care providers, which may be made available electronically for health care professionals. The department of public health and environment shall ensure adequate statewide training on the standardized screening tools for primary care providers and other interested health care professionals who care for children. No later than July 1, 2020, the department of human services, in conjunction with the department of health care policy and financing and the department of public health and environment, is required to develop a plan for establishing a single statewide referral and entry point for children and youth who have a positive behavioral health screening or whose needs are identified through a standardized assessment. The act makes multiple appropriations to the department of health care policy and financing and the department of human services. (Note: This summary applies to this bill as enacted.) Read More
Theft - wages - failure to pay wages - paying less than the minimum wage. The act defines wage theft as theft, which is a felony when the theft is of an amount greater than $2,000. The act adds refusing to pay wages or compensation with the intent to coerce a person who is owed wages as conduct that constitutes wage theft. The act removes the exemption from criminal penalties for an employer who is unable to pay wages or compensation because of a chapter 7 bankruptcy action or other court action resulting in the employer having limited control over his or her assets. The act defines "employee" as any person who performs labor or services for the benefit of an employer and provides factors that are relevant for determining whether a person is an employee. The act defines "employer" as having the same meaning as set forth in the federal "Fair Labor Standards Act" and specifically includes foreign labor contractors and migratory field labor contractors or crew leaders in the definition. The act defines intentionally paying a wage less than the minimum wage as theft, which is a felony when the theft is of an amount greater than $2,000. (Note: This summary applies to this bill as enacted.) Read More