The bill exempts from the definition of "employment" under the "Colorado Employment Security Act" (act) nonprofit youth sports organization coaches if there is a written agreement between the coach and the organization that meets certain requirements, including a statement that the coach is an independent contractor. The organization may not control the means or methods by which the coach provides coaching services, nor may the organization terminate the coach except for breach of contract or noncompliance with the requirements of the youth sports governing body or industry standards. If the bill's requirements are satisfied, then the coach will be considered an independent contractor for purposes of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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Under current law, the number of in-state students enrolled at public institutions of higher education is governed by various percentage limits and requirements. The bill standardizes the calculation for public research institutions in the following ways: Requires the university of northern Colorado (UNC) and the Colorado school of mines (CSM), in addition to the university of Colorado (CU) and Colorado state university (CSU), to admit 100% of academically qualified Colorado first-time freshman students; Reduces the various percentages so that in-state students make up no less than 55% of total enrollments at each campus of CU and at CSU, UNC, and CSM, excluding foreign students and students enrolled solely in online courses; and Increases the cap on foreign students enrolled at CU and CSU to 15% of total student enrollment and includes UNC and CSM in the percentage limit. The department of higher education shall submit an annual report to specified committees of the general assembly demonstrating that the institutions included in the bill have met resident admission and enrollment requirements. The department and the public research institutions shall ensure that necessary data is available for the report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
For income tax years commencing on and after January 1, 2019, the bill generally replaces the method for sourcing of sales for purposes of apportioning the income of a taxpayer that has income from the sale of services or from the sale, lease, license, or rental of intangible property in both Colorado and other states from the cost-of-performance test in the case of services and the commercial domicile test in the case of intangible property to a market-based sourcing system. Under this new system, receipts for the sale of services or from the sale, lease, license, or rental of intangible property are apportioned to Colorado based not on where the service is performed, but where the service is delivered. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill prohibits members of the sex offender management board (board) from receiving a direct financial benefit from the standards or guidelines adopted by the board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that any civil action to recover damages caused by an act of domestic violence must be commenced within 6 years after a disability has been removed for a person under disability or within 6 years after a cause of action accrues, whichever occurs later. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Judiciary Committee. Under current law, a grant program exists in the department of corrections (department) to provide funding to eligible community-based organizations that provide reentry services to offenders. The grant program is scheduled to repeal on September 1, 2018. The bill reschedules the repeal of the grant program to September 1, 2023. The bill also provides that, in awarding grants from the grant program, the department shall release as much as one quarter of the amount annually appropriated to the grant program to an intermediary at the beginning of each fiscal year. The intermediary shall determine how much of this amount is awarded to each community partner as an advance portion of grant money to be awarded to the community partner. The bill requires the department to expand the grant program in the 2018-19 fiscal year to maximize the number of grantees; add grantees in underserved communities, especially in rural areas; and add one or more grantees that specialize in serving the reentry needs of women offenders. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, the first $40 million of retail marijuana excise tax revenue annually collected is credited to the public school capital construction assistance fund (assistance fund) for purposes of the 'Building Excellent Schools Today Act' (BEST) and the remainder of the revenue is credited to the state public school fund. For state fiscal years commencing on and after July 1, 2018, sections 1 and 4 of the bill increase the amount of retail marijuana excise tax revenue credited to the assistance fund to the greater of 90% of the revenue annually collected or the first $40 million of such revenue. The remainder of the revenue continues to be credited to the state public school fund. Section 2 increases the maximum total annual amount of lease payments on BEST lease-purchase agreements authorized to be paid with both state money and local matching money to $110 million for the 2018-19 fiscal year and $120 million for the 2019-20 fiscal year and for each fiscal year thereafter. If, for any state fiscal year, the total amount of revenue credited to the assistance fund from all sources during the prior state fiscal year is less than the total amount of all payments due during the state fiscal year on BEST lease-purchase agreements, then section 3 requires the amount of the annual appropriation to fund the state's share of total program funding for all school districts and institute charter schools to be reduced and general fund money made available by the reduction to be transferred to the assistance fund to make up for the shortfall. Section 5 appropriates $34 million from the assistance fund to the department of education for BEST lease-purchase agreement payments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill extends indefinitely the 'Child Mental Health Treatment Act' and renames it the 'Children and Youth Mental Health Treatment Act' (act). Significant changes to the act include: Continuing the ability of a parent or guardian of a non-medicaid eligible child or youth to receive mental health services for the child or youth without unwarranted child welfare involvement; When evaluating a child or youth for eligibility for mental health treatment services (services), the evaluating mental health agency shall use a standardized risk stratification tool; Establishing a new definition of 'mental health agency' to capture a larger set of behavioral health services providers; Reporting requirements for the department of health care policy and financing and mental health agencies that provide services for children and youth are updated and clarified; Requiring the department of human services to maintain and update a list of providers on its website, as well as post information from various reports required by the act, excluding any personal health information; and Revising the membership of the advisory board that assists and advises the executive director of the department of human services with the development of service standards and rules for the provision of services. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires the state board of parole to submit a list of offenders for community corrections transition placement referrals to the department of corrections staff. The staff shall inform the board when the referral is made or the reason for not making the referral. If an offender completes a community corrections program, the board shall schedule a parole release hearing and, if the decision is to deny parole, the majority of the full board is required to deny parole at that hearing. The bill requires community corrections boards to develop and use a structured, research-based decision-making process that combines professional judgment and actuarial risk and needs assessment tools. If a community corrections board denies a transition offender a community corrections transition placement, the board shall electronically inform the department of corrections regarding the basis for the denial, suggestions for program completion, and a suggested subsequent referral timeline. The bill specifies the information that must be included in a community corrections transition placement referral or subsequent referral packet. Current law gives the jurisdiction where a community corrections transition placement intends to parole first right of refusal. The bill eliminates the first right of refusal if attempting to place the transition offender into a specialized community corrections program or if the offender requests a placement in a different jurisdiction. The bill requires the subsequent referral of an offender for community corrections transition placement within 6 to 12 months of the offender's denial if the offender has not had a class I code of penal discipline violation in the previous year; the offender does not have consecutive misdemeanor sentences to serve; and the offender does not have a pending immigration detainer, pending felony charges, or an extraditable warrant. When an offender refuses placement in a community corrections program, the executive director may make a subsequent referral for the offender after the offender informs the executive director that the circumstance that formed the basis for the refusal has changed or resolved. The division of criminal justice is required to provide community corrections training to department of corrections staff and community corrections boards. The division shall produce a report describing key community corrections data trends. The bill appropriates $264,070 to the department of public safety from the general fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Except for conduct in compliance with applicable federal, state, or local law, the bill requires covered and governmental entities in Colorado that maintain paper or electronic documents (documents) that contain personal identifying information (personal information) to develop and maintain a written policy for the destruction and proper disposal of those documents. Entities that maintain, own, or license personal information, including those that use a nonaffiliated third party as a service provider, shall implement and maintain reasonable security procedures for the personal information. The notification laws governing disclosure of unauthorized acquisitions of unencrypted and encrypted computerized data are expanded to specify who must be notified following such unauthorized acquisition and what must be included in such notification. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More