Rep. Lori Saine

The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2019. For the 2018-19 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

Under current practice, expenditures by the Colorado oil and gas conservation commission to address the mitigation of adverse environmental impacts of oil and gas operations are paid from the environmental response account of the oil and gas conservation and environmental response fund, and the year-end balance of the account transfers into the fund. The bill specifies that the year-end balance of the account remains in the account. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Legislative Audit Committee. Under existing law, public administrators are required to maintain a $25,000 bond and file certain information and reports with the administrator's appointing court. Public administrators may appoint deputy public administrators. The bill increases the amount of bond public administrators are required to maintain to $100,000 and clarifies the following: That deputy public administrators are subject to the same statutory requirements as public administrators, including the bond requirement; The information about costs and fees that must be included in small estate statement of account filings by public administrators; and The form of annual reports that must be filed by public administrators and deputy public administrators.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Water Resources Review Committee. Current law requires operators of sand and gravel open mines that expose groundwater to the atmosphere to obtain a well permit and either: A replacement plan approved by the ground water commission for designated groundwater; or a plan for augmentation approved by the water court or a plan of substitute supply approved by the state engineer for tributary groundwater. The bill specifies that the replacement plan (in section 1 of the bill) or the plan of substitute supply (in section 2 ) and the permit may authorize uses of water incidental to open mining for sand and gravel, including specifically (among other things) the mitigation of impacts from mining and dewatering.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill ensures that women are fully and accurately informed about their personal medical conditions regarding their pregnancies and health care options. Current medical procedures already use ultrasound technology to provide information regarding the gestational age of a child in utero. The bill ensures that a woman has the opportunity to see or forego seeing her ultrasound. The bill gives the woman a choice between an abdominal or vaginal ultrasound. The bill allows a woman the opportunity to find a provider of ultrasound technology that will provide the service free of charge. The bill requires that a woman be given full and accurate information regarding her abortion. The bill describes the information that the physician performing the abortion provides to the woman and gives the woman an opportunity to sign or refuse to sign a receipt of information. The bill requires the abortion provider to provide certain information to the woman at least 24 hours prior to performing an abortion. The bill creates a civil right of action for noncompliance with the requirements, making a physician's noncompliance with the requirements unprofessional conduct and making a violation of the requirements a crime. (Note: This summary applies to this bill as introduced.) , Read More

The bill repeals statutory provisions: Prohibiting the possession of certain ammunition magazines; and Requiring each of certain ammunition magazines that are manufactured in Colorado on or after July 1, 2013, to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.(Note: This summary applies to this bill as introduced.) , Read More

Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following: Require the defendant to serve at least 90 days but not more than 180 days imprisonment in the county jail. During the mandatory 90-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Require the defendant to serve at least 120 days but not more than 2 years of imprisonment in the county jail through participation in an alternative sentencing program if such programs are available through the county in which the defendant is imprisoned and only for certain purposes. During the mandatory 120-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction. Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall: Require the defendant to complete at least 48 hours but not more than 120 hours of useful public service, which may not be suspended; Include, as a condition of the defendant's probation, a requirement that the defendant complete a level II alcohol and drug driving safety education or treatment program at the defendant's own expense; and Consider imposing certain other conditions of probation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Legislative Audit Committee. Section 1 of the bill requires the state auditor (auditor) to establish and administer a telephone number, fax number, email address, mailing address, or internet-based form whereby any individual may report an allegation of fraud committed by a state employee (employee) or an individual acting under a contract with a state agency (contracted individual). This system is referred to in the bill as the 'fraud hotline' or 'hotline' and any report to the hotline as a 'hotline call'. Section 1 defines 'fraud' to mean occupational fraud or the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets. Section 1 prohibits the auditor from disclosing publicly, or when making a referral to another state agency, the identity of any individual who contacts the fraud hotline unless the individual grants the auditor express permission to make such disclosure. These restrictions do not apply when the auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general in connection with a criminal investigation. Under the bill, the auditor is responsible for administering the hotline, including the screening of hotline calls and consulting and coordinating with state agencies to refer allegations of fraud by an employee or contracted individual that are reported to the hotline. In connection with the administration of the hotline, the bill requires the auditor to: Publicize the existence and purpose of the hotline on the official website of the office of the state auditor; and Prepare and maintain workpapers for the purpose of documenting the activities of his or her office in connection with hotline calls and investigations. All workpapers prepared or maintained by the auditor in connection with hotline calls and investigations must be held as strictly confidential by the auditor and not for public release. These restrictions shall not prevent communication by and among the auditor, a state agency, the governor, the legislative audit committee (committee), a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of the bill. The bill specifies that all workpapers prepared or maintained by the auditor in connection with hotline calls shall not constitute public records for purposes of the 'Colorado Open Records Act'. Upon receiving a hotline call, the auditor must conduct an initial screening of the call to determine whether the matter being reported constitutes an allegation of fraud committed by an employee or a contracted individual. The auditor is required to forward all hotline calls alleging fraud by a medicaid recipient to the department of health care policy and financing and all calls alleging fraud by a medicaid provider or contractor to the medicaid fraud control unit of the office of the attorney general. If the auditor determines that a hotline call constitutes an allegation of fraud committed by an employee or contracted individual, the auditor is required to consult and coordinate with the management or designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office for the purpose of referring the hotline call and any related workpapers to the affected agency. Upon receiving a referred hotline call from the auditor, the state agency is responsible for determining and taking appropriate action to respond to the referred hotline call and reporting back to the auditor. In determining appropriate action, the state agency may request either the assistance of the auditor to participate in an investigation or request that the auditor conduct the entire investigation. When, at the request of a state agency, the auditor either participates in or conducts an investigation of a hotline call, the following additional requirements apply: The auditor is granted complete access to all of the books, accounts, reports, vouchers, or other records or information maintained by the agency that are directly related to the scope of the investigation; The auditor is required to report the results of the investigation to the head of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office. The auditor is also required to provide any workpapers prepared or maintained by the auditor during the investigation. If the investigation finds evidence that the amount of the alleged fraud exceeds $100,000, the auditor is also required to report the results of the investigation to the committee and, with the approval of the committee, to the governor; and If the investigation finds evidence of apparently illegal transactions or misuse or embezzlement of public funds or property, the auditor is required to immediately report the matter to a law enforcement agency, a district attorney, or the attorney general, as appropriate. When a state agency is referred a hotline call by the auditor and has not requested that the auditor either participate in or conduct the entire investigation, the state agency is required to report back to the auditor within 90 days on the disposition of the referral, including action the agency has taken to respond to the fraud allegation and the results of any subsequent investigation by the agency. If the state agency has not reached a disposition of the referred hotline call within 90 days, the agency must report to the auditor the current status of the referral as of the 90-day deadline. This reporting requirement continues every 90 days thereafter until the agency has reached a disposition of the referred hotline call. Commencing with state fiscal year 2018-19, section 1 also requires the auditor to prepare an annual report to the committee providing an aggregate summary of activity relating to the fraud hotline during the preceding state fiscal year. Section 2 adds the administration of the hotline to existing statutory provisions specifying the auditor's powers and duties. Sections 3 and 4 prohibit retaliation against either a state employee or an entity under contract with a state agency resulting from the employee's disclosure of information to the hotline except where the employee discloses information with disregard for its truth or falsity.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must: Notify all unit owners and the developer or builder against whom the lawsuit is being considered; Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)