Sen. Bob Gardner

The act creates the "Donor-conceived Persons and Families of Donor-conceived Persons Protection Act" (act). The act defines the following terms, among others: "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse; "Donor" means an individual who produces eggs or sperm collected by a gamete agency, gamete bank, or fertility clinic (ART agency) for use in assisted reproduction; "Donor-conceived person" (DCP) means an individual of any age who was born as a result of assisted reproduction; "Fertility clinic" means an entity or organization that performs assisted reproduction medical procedures and receives donor gametes for a recipient in, or who is a resident of, Colorado, and the recipient and gamete donor are unknown to each other at the time of donation; "Gamete" means unfertilized oocytes or sperm; "Gamete agency" means an oocyte or sperm donor matching agency that is located within or outside of Colorado and matches gamete donors with recipients in, or who are residents of, Colorado, and are unknown to each other at the time of donation; "Gamete bank" means an entity or organization that collects gametes from a donor or receives embryos and provides gametes or embryos to a recipient parent or the parent's medical provider and the recipient and donor are unknown to each other at the time of donation and the parent lives in, or is a resident of, Colorado at the time of donation; "Identifying information" means the donor's full name; the donor's date of birth; and the donor's permanent and, if different, current address or other contact information at the time of the donation, or, if different, the donor's current address or other contact information or both as retained by the ART agency; "Medical history" means information regarding any present physical illness of the donor; past illness of the donor; and social, genetic, and family medical history pertaining to the donor's health; and "Recipient" or "recipient parent" means an individual who receives donor gametes or embryos as an intended parent from an ART agency for use in assisted reproduction for the purpose of conceiving a child. The act requires: An ART agency that, on or after January 1, 2025, collects gametes from a donor or matches a donor with a recipient, or receives gametes from a different ART agency, to collect the donor's identifying information and medical history and make a good-faith effort to maintain current contact information and updates on the donor's medical history by requesting updates from the donor at least once every 3 years; Upon request of a DCP who is 18 years of age or older, or less than 18 years of age but legally emancipated, release of identifying and medical information to the DCP or the DCP's legal parent or guardian. An ART agency shall not match or provide gametes from a donor who does not agree to the identity disclosure when a DCP reaches 18 years of age; An ART agency to collect and securely maintain any records of the donor's identifying information and medical history. The ART agency shall also regularly request at least once every 3 years that a donor provide updates to the donor's contact information and medical history. An ART agency that matches or collects gametes from a donor on or after January 1, 2025, who is unknown to the recipient parent at the time of the donation to provide the donor with information about disclosure of information and obtain a declaration from the donor agreeing to identity disclosure when a DCP reaches 18 years of age; An ART agency to make and submit a proposed plan to the department of public health and environment (department) to permanently maintain records of donor identifying information and medical history, the number of families established with each donor's gametes, and genetic screening and testing in the event of dissolution, insolvency, or bankruptcy. In the case of such event, the gamete bank shall inform by mail and email, sent to the last known address, all gamete donors whose gametes were collected, matched, or received, as well as recipient parents who received gametes or embryos from the gamete bank. That, once an ART agency has record of or should reasonably know that 25 families have been established using a single donor's gametes in or outside of Colorado, with no limit on the number of children conceived by each of the families, the gamete bank shall not match or provide gametes from a donor to additional families. On or before January 1, 2025, the department to develop written materials for intended parents and separate materials for donors. An ART agency is required to ensure that, prior to tissue donation or sale of tissue, each tissue donor and intended recipient receives these written materials. The written materials are not meant to be in lieu of any mental health evaluations. That donors be at least 21 years of age at the time of the donation; On or after January 1, 2025, an ART agency operating in Colorado or providing donor gametes for use in assisted reproduction in Colorado to obtain a license that is conditioned on compliance with the act and its implementing rules; The state board of health (board) to establish a schedule of fees for licensure, with the department collecting the appropriate fee at the time of application for licensure; and The department to revoke licensure and issue fines for violations of the license, act, and implementing rules. The department is allowed to assess a civil penalty for violations of the act. The board is granted rule-making authority for the implementation of the act, with rules to be promulgated on or before July 1, 2024. The donor gamete agency, gamete bank, and fertility clinic fund is created. For the 2022-23 state fiscal year, $192,293 is appropriated to the department from the general fund. (Note: This summary applies to this bill as enacted.)

The act allows a district charter school or an institute charter school, upon approval of the authorizing school district board of education or the state charter school institute (CSI), respectively, to develop and administer an enrollment preference plan to give enrollment preference to children with disabilities. In exercising the enrollment preference plan for children with disabilities, a district charter school and an institute charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal "Individuals with Disabilities Education Act". A district charter school or an institute charter school may allow parents to voluntarily provide information regarding the existence of a child's disability. The act allows the department of education (department) to designate a charter school network or charter school collaborative that meets specified criteria as an administrative unit for the purpose of providing special education services to children with disabilities. If the department designates a charter school network or charter school collaborative as an administrative unit, a district charter school or institute charter school that is within the charter school network or is participating in the charter school collaborative is required to amend its district charter contract or institute charter contract, respectively, to reflect that the district charter school or institute charter school is participating in the administrative unit of the charter school network or charter school collaborative. If the parents of a child with a disability remove the child from enrollment in the alternative administrative unit in which a district charter school or institute charter school participates after the annual count date to determine state funding for children with disabilities, that alternative administrative unit continues to be deemed the child's administrative unit of residence for the remainder of the school year and may be required to pay the tuition charge for excess costs to the administrative unit of attendance that enrolls the child for the remainder of the school year. The act further clarifies provisions concerning the payment of tuition for excess costs when a child with a disability is enrolled in a district charter school or institute charter school that participates in an alternative administrative unit that is a charter school network or charter school collaborative. The act further clarifies that if a child with a disability who is enrolled in an alternative administrative unit is placed by an IEP team in an approved facility school or other private setting for special education purpose, the child continues to be enrolled in the alternative administrative unit until certain circumstances occur. The act allows a district charter school or an institute charter school, upon the department's approval of the administrative unit of a charter school network or charter school collaborative, to enter into an agreement to participate in the existing alternative administrative unit. After the department approves an application for the reorganization of the administrative unit to include the district charter school, the district charter school is required to amend its district charter contract to reflect that the district charter school is participating in the existing alternative administrative unit of the charter school network or charter school collaborative. The institute charter school is required to amend its institute charter contract to reflect that the institute charter school is participating in the existing alternative administrative unit of the charter school network or charter school collaborative. The act allows a district charter school, upon approval of the CSI, to enter into an agreement with the CSI to participate in the CSI's administrative unit. After the department approves an application for the reorganization of the CSI's administrative unit to include the district charter school, the district charter school is required to amend its charter contract to reflect that it is participating in the CSI's administrative unit. The act clarifies that a school district or the CSI shall not require a district charter school or an institute charter school, respectively, to participate in an alternative administrative unit as a condition of approval of its application or approval or renewal of its contract with the school district or the CSI. The act specifies that a charter school collaborative may provide special education and related services to participating schools as authorized by the contract creating the charter school collaborative. Participating charter schools of the charter school collaborative shall share costs and financial support for special education and related services. The act clarifies that a district charter school is not required to pay its authorizing school district for federally required educational services that are not available to the district charter school. The act appropriates $375,000 from the general fund to the department for use by the CSI to distribute to eligible institute charter schools. (Note: This summary applies to this bill as enacted.)

The act creates the Pikes Peak international hill climb special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. For the 2022-23 state fiscal year, $41,734 is appropriated to the department of revenue for use by the division of motor vehicles to implement the act. (Note: This summary applies to this bill as enacted.)

A commission on judicial discipline (commission) is established in current law pursuant to section 23 (3) of article VI of the state constitution. The act implements the commission by: Specifying the duties of the commission; Establishing and specifying the duties of an office of judicial discipline (office) as an independent office within the judicial department; Authorizing the commission to appoint an executive director of the office and specifying the duties of the executive director; Authorizing the commission to appoint and determine the duties of special counsel, which may include representing the people in formal proceedings; Establishing immunity for commissioners; Requiring the attorney general to provide legal services to the commission and office; Specifying when information should be shared among offices within the judicial department responsible for reviewing actions of current and potential judges and justices; Specifying duties of personnel within the judicial department when they become aware of potential issues of judicial discipline; and Establishing a special cash fund and specifying sources of money for the fund and uses of the money in the fund. For rules, guidelines, and procedures relating to judicial discipline adopted by the supreme court, the act requires the supreme court to: Provide the commission with notice and an opportunity to object and, if the commission objects, to engage with the commission in good-faith efforts to resolve differences; and Post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court. The act creates the legislative interim committee on judicial discipline to study Colorado's system of judicial discipline and make recommendations for necessary changes to that system. The act appropriates: $1,143,438 from the general fund to the commission to implement the act; $88,713 to the department of law from reappropriated funds from the commission; and $53,463 from the general fund to the legislative department for expenses of the interim committee.(Note: This summary applies to this bill as enacted.)

The act requires the judicial department to publish opinions of the Colorado supreme court and the Colorado court of appeals online on or before March 1, 2024, but no earlier than July 1, 2023. The opinions must be published online in a searchable format and be available free of charge. Colorado supreme court and court of appeals opinions that are not published pursuant to state law or court rules are exempt from the online publishing requirement. The judicial department and the general assembly must each include a link to the opinions web page in a conspicuous place on their websites. The act appropriates $100,000 to the judicial department for information technology infrastructure. (Note: This summary applies to this bill as enacted.)

Under existing law, the state department of human services (department) reimburses local governments and nongovernmental agencies that operate domestic abuse programs for providing services to victims of domestic violence. The act renames "domestic abuse programs" as "domestic violence programs", repeals the authority to reimburse local governments, and requires the department to reimburse a nongovernmental agency or a federally recognized Indian tribe that operates a domestic violence, sexual assault, or culturally specific program (program) that provides services to victims of domestic abuse or sexual assault (program services). The act repeals the requirement that programs must request information from each client concerning the relationship of the client to the alleged perpetrator of the abuse. The act permits the department to enter into an agreement with a federally recognized state or tribal domestic violence or sexual assault coalition (coalition) for program services and other related services. A coalition that enters into a contract or agreement with the department shall provide training and technical assistance for programs and may participate in systems advocacy, develop and implement policies to improve the response to and prevention of domestic violence or sexual assault, and conduct statewide community outreach and public education related to domestic violence and sexual assault. A coalition may subcontract with a nongovernmental agency or federally recognized Indian tribe that operates a program. The act creates the state domestic violence and sexual assault services fund, transfers $6 million to the fund from the behavioral and mental health cash fund, and requires the department to publish information on its website about the use of program funds and organizations that receive funds. The act creates the Colorado crime victim services fund (victim services fund) and requires the state treasurer to transfer $32 million to the fund from the economic recovery and relief cash fund and $6 million to the fund from the general fund. The division of criminal justice in the department of public safety makes grants from the victim services fund to government agencies and nonprofit organizations that provide services for crime victims. The division is required to publish information on its website about the use of grant funds and organizations that receive grant awards. The act permits the division of criminal justice to grant money from the victims assistance and law enforcement fund for mass tragedy response. The act limits members of the crime victim services advisory board to serving 3 consecutive 3-year terms on the board. The act requires the state treasurer to transfer $3 million to the victims and witnesses assistance and law enforcement fund from the economic recovery and relief cash fund. The state court administrator is required to distribute the money based on need. The act requires the state treasurer to transfer $1 million to the community crime victims grant program cash fund from the general fund. For state fiscal year 2021-22, the general assembly appropriated $1.5 million to the department of public safety for the state victims assistance and law enforcement program and $4.75 million to the department of human services for the domestic abuse program. The act further appropriates any of that money that is not expended by July 1, 2022, to each department for use in the 2022-23 and 2023-24 state fiscal years. (Note: This summary applies to this bill as enacted.)

Pursuant to House Bill 20-1026, effective January 7, 2025, the counties of Douglas, Elbert, and Lincoln will move from the eighteenth judicial district to a newly created twenty-third judicial district. Under the state constitution, district judges serve the term to which they were elected but may serve in another judicial district if the other district encompasses the county of the judge's residence. Under this measure, by November 30, 2024, the governor would designate judges serving in the eighteenth judicial district to serve the remainder of their terms in the twenty-third judicial district. All judges so designated shall establish residency in the twenty-third judicial district by January 7, 2025. (Note: This summary applies to this concurrent resolution as adopted.)

The act updates the "Victim Rights Act" (act). The purpose of the act is to ensure all victims of crimes are protected by law enforcement agencies, prosecutors, and judges. The act updates include: Allowing a victim or the victim's designees to appear in court proceedings in person, by phone, or virtually by audio or video, or similar technology; Establishing for victims the right to receive a free copy of the initial incident report from the investigating law enforcement agency that includes, at a minimum, the victim's name, the offender's name, the date of the crime, the charges, and a summary of the incident. The investigating law enforcement agency is required to notify the district attorney of the information the victim received in the incident report and when it was provided to the victim. The district attorney is required to provide this information to any defendant involved in the case through the discovery process. Requiring defendants to attend sentencing hearings in person, by phone, or virtually by audio or video, or similar technology, to hear the victim's impact statement, unless the court excludes the defendant; Clarifying that the prosecutor shall explain the defendant's sentencing terms to the victim; Requiring the court to provide the victim or the victim's designee with translation or interpretation services as needed during all critical stages of the hearing; Requiring a court to order a bond hearing in any case that falls under the act; Clarifying that a designee or designees may represent the interests of a victim who is deceased or incapacitated; Clarifying that a party issuing a subpoena pursuant to Rule 17 of the Colorado rules of criminal procedure for the production of a victim's privileged records or a subpoena requesting a victim's compensation records shall file specific information with the court and serve that information to any opposing party; and Clarifying that the court shall quash any subpoena and not receive any records protected by privilege, unless the court finds, based on evidence, that the victim expressly or impliedly waived the statutory privilege. The act outlines when the court shall determine whether to receive and release any records relating to the victim.(Note: This summary applies to this bill as enacted.)

The act requires the domestic violence fatality review board (review board) to: Provide technical assistance and training to local governments to help establish and maintain a review team and provide technical assistance and training to existing review teams; Pursue and implement any recommendations pertaining to improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk, reducing the incidence of domestic violence and domestic violence fatalities in the state, and improving responses to domestic violence incidents; Provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities; Make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards that may conduct a fatality review to create greater trust between local agencies and victims of domestic violence; Coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities; Coordinate to implement effective information-sharing related to identified domestic violence fatalities; Perform outreach to local governments and organizations to promote the development of local review teams; and Prioritize development and support of local review teams in underserved and rural communities. The review board is set to repeal on September 1, 2022. The act extends the repeal to September 1, 2027, and requires a sunset review prior to the repeal. The act also repeals the review board's associated cash fund. The act appropriates $43,350 to the department of law from the general fund to implement the act. The act decreases the cash fund appropriation from the Colorado domestic violence review board cash fund in the 2022 general appropriations act to the department of law for use by the office of community engagement by $2,500. (Note: This summary applies to this bill as enacted.)