Sunset Process - House Judiciary Committee. The bill implements the recommendation of the department of regulatory agencies in its sunset review of the Colorado civil rights division and the Colorado civil rights commission to continue the commission and the division and their respective functions for 9 years, through September 1, 2027. The bill appropriates $1,642,843 to the department of regulatory agencies for the 2018-19 fiscal year for use by the civil rights division for personal services, operating expenses, hearings, and commission meeting costs. The appropriation assumes that the division will require 27.2 FTE to implement the bill. The bill also acknowledges, for informational purposes, that the civil rights division will receive $496,489 in federal funds for the 2018-19 fiscal year. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules that were adopted or amended on or after November 1, 2016, and before November 1, 2017, with the exception of the rules specifically listed in the bill. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2018, on the grounds that the rules either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the legislative interim committee on misdemeanor sentencing, to meet during the 2018 interim. The committee consists of 6 members--3 senators and 3 representatives. The senate president appoints 2 senators and designates the chair of the committee, and the senate minority leader appoints one senator. The speaker of the house of representatives appoints 2 representatives and designates the vice-chair of the committee, and the house minority leader appoints one representative. The interim committee may meet up to 5 times during the interim and may propose up to 5 exempt committee bills. The interim committee shall, at a minimum, study the following issues: The collateral consequences of a crime with a sentencing range of one year or greater; The fiscal impact of misdemeanor sentences on state and local authorities; and The appropriate penalty level for offenses that are deemed misdemeanors.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill adds discrimination based on source of income as a type of unfair housing practice. 'Source of income' is defined to include any source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession or from any government or private assistance, grant, or loan program. A person is prohibited from refusing to show, rent, lease, or transmit an offer to rent or lease housing based on a person's source of income. In addition, a person cannot discriminate in the terms or conditions of a rental agreement against another person based on source of income, or based upon the person's participation in a third-party contract required as a condition of receiving public housing assistance. A person cannot include in any advertisement for the rent or lease of housing any limitation or preference based on source of income, or use representations related to a person's source of income to induce another person to rent or lease property. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Recent legislation changed the expiration dates of real estate licenses from an anniversary date 3 years after the date of initial issuance to December 31 of the third year after issuance and did not allow the real estate commission a period to transition licenses. To allow more flexibility in transitioning from the anniversary date system to the calendar-year system, the bill authorizes the commission to issue licenses that expire on December 31 of the year of issuance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, all records of the Denver health and hospital authority (authority) are subject to the open records law. The bill specifies that certain reports, statements, agreements, bonds, guidelines, manuals, handbooks, and accounts of the authority are public records. The bill also specifies that the content of an electronic medical record system and individual medical records or medical information are not public records, and that certain writings and other records concerning the modification, initiation, or cessation of patient care and authority health care programs or initiatives are not public records under certain circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill disqualifies an internet service provider from receiving money from the high cost support mechanism if the internet service provider engages in any of the following practices: Blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices; Engaging in paid prioritization of internet content; Regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a device unless such impairment or degradation is conducted in a manner consistent with reasonable network management practices; or Not providing transparency of its reasonable network management practices. Section 1 also requires that, if the public utilities commission, after reviewing any federal agency or federal court decision against an internet service provider, determines that, based on the federal decision, the internet service provider has engaged in any of the practices listed above, the commission shall issue an order requiring the internet service provider to refund any money that the internet service provider received in the prior 24 months from the high cost support mechanism or from any other state support mechanism or other state funding source established to help finance broadband deployment. Section 2 requires the broadband deployment board to periodically review the websites of the federal trade commission and the federal communications commission to determine if either agency issued a decision concerning a broadband deployment grant applicant or recipient. If, upon the board's review of any such agency decision, the board determines based on the federal agency's decision that a grant applicant or recipient has engaged in any of the practices listed above in section 1, the board shall deny the application and inform the public utilities commission about the grant recipient. Section 3 requires the attorney general or the attorney general's designee, in collaboration with the broadband deployment board, to develop guidance for consumers on how to file a complaint with the federal trade commission to allege that an internet service provider has engaged in any of the practices listed above. Section 4 requires a governmental body, when contracting for broadband internet access service, to give a preference to an internet service provider that certifies to the governmental body that it will not engage in any of the practices listed above in section 1.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44, section 2 relocates laws related to the regulation of alcohol beverages from title 12 to the new title, and section 3 repeals the relocated laws from their current location. Sections 4 through 25 make conforming amendments. Section 26 appropriates $3,091 for the 2018-19 fiscal year from the liquor enforcement division and state licensing authority cash fund to the department of revenue for use by the liquor and tobacco enforcement division to implement the bill, allocated as follows: (a) $2,400 for personal services; and (b) $691 for operating expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that if the department of corrections (department) relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney and any registered victim of crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed. This disclosure requirement does not apply if: The inmate is a witness and the executive director of the department (executive director) determines that disclosing the inmate's location would pose a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities; The prosecuting attorney requests in writing that the department not disclose the location of the penal institution where the inmate is located; The registered victim is currently incarcerated; or The inmate has been employed by the department or as a law enforcement officer and the executive director determines that disclosing the inmate's location poses a risk to the personal safety of the inmate, corrections staff, other inmates, or facilities. If the department relocates an inmate and the executive director determines that any of these factors applies, then not later than 48 hours after such relocation, the department shall notify the prosecuting attorney: That the inmate has been relocated; and Which of the factors the executive director has determined applies. If the prosecuting attorney agrees with the executive director's determination that a factor applies, then the prosecuting attorney shall confirm the executive director's determination in writing, the department shall retain such written confirmation, and the department shall notify any registered victim of one or more crimes for which the inmate is serving his or her sentence that: The inmate has been relocated; and The department is unable to disclose the inmate's location because one of the factors applies. If the prosecuting attorney disagrees with the executive director's determination that a factor applies, then the executive director has 30 days to review the notice of disagreement. If, after such review, the executive director still determines that a factor applies and the inmate's location should not be disclosed, the department shall notify the prosecutor of such fact and notify any registered victims that the prosecutor disagrees with the executive director's determination. Either the prosecutor or any registered victim of the inmate may bring an action in the district court from which the inmate's sentence was issued for the court to determine whether a substantial basis existed and still exists to support the executive director's determination. If the district court finds that no substantial basis exists, the executive director shall disclose the inmate's location to any registered victims. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More