Sen. Bob Gardner

Committee on Legal Services - Revisor's Bill. To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

Under existing law, the state board of education (state board) is required to adopt an approved list of reading assessments, and the department of education (department) is required to adopt advisory lists of literacy programming and professional development in literacy. With regard to the list of approved assessments and the advisory lists, the bill: Clarifies that the assessments and literacy programming must be evidence-based or scientifically based and must be aligned with the state academic standards; Directs the state board and the department to review the approved list of assessments every 4 years and the advisory lists of literacy programming and professional development programs every 2 years; Requires the process for appealing the materials placed on the assessment list or the advisory lists to include appeals by school districts, boards of cooperative services, and charter schools (local education providers) and directs the department to consider certain materials provided by appellants; and Requires the department to ensure that the process for reviewing and adding assessments to the approved list and materials to the advisory lists must include consultation with local education providers and be transparent. The existing statutes specify the portion of the early literacy fund that the department must distribute as grants through the early literacy grant program. The bill allows for an increase in the amount distributed through the early literacy grant program. The bill requires a local education provider, upon the request of the department, to provide specific information explaining how the local education provider spent the per-pupil intervention money it received. The bill expands the purposes for which a local education provider may use the per-pupil intervention money and requires the local education provider to use the money for early-grade reading initiatives rather than replacing money received from other sources. The bill directs the state board, in adopting rules for applying for grants through the early literacy grant program, to ensure that rural school districts and small rural school districts, and district and institute charter schools located within rural and small rural school districts, can submit simplified grant applications. The bill directs the state board to award specified percentages of the total amount allocated for the grant program to applications to fund certain types of programs. The bill directs the commissioner of education (commissioner), by September 1, 2018, to convene a working group to review the creation and use of reading-to-ensure-academic-development (READ) plans by local education providers and to recommend any necessary regulatory or implementation changes to continue and improve the use and effectiveness of READ plans. The commissioner must submit a report of the findings and recommendations to the state board and the education committees of the general assembly by February 1, 2020. (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. The law authorizing the study repeals on September 1, 2018. The bill extends the title 12 recodification study for one additional year, through September 1, 2019. The bill appropriates $54,257 from the general fund to the legislative department for use by the committee on legal services to fund the extended study. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill makes appropriations to the department of higher education for need-based grants, student stipends, fee-for-service contracts with institutions of higher education, local district college grants, and area technical colleges. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law creates an annual appropriation to provide lunches at no charge to children in state-subsidized early childhood education programs administered by public schools or in kindergarten through fifth grade who would otherwise have to pay for a reduced-price lunch. The bill extends the grade of eligibility to eighth grade in schools that elect to participate in the expanded program. The bill authorizes an annual appropriation, including a cap on the amount of the annual appropriation, to cover the expanded grades of eligible children. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

During the 2017 session, the general assembly enacted a bill involving civil forfeiture requiring seizing agencies to submit reports to the department of local affairs (department). The bill requires reporting agencies rather than seizing agencies to file the reports and defines 'reporting agency'. The bill also expands the scope of the reports to include seizures related to a local public nuisance law or ordinance. The 2017 act also prohibited seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000. The bill establishes the law enforcement assistance grant program in the department of public safety to reimburse seizing agencies for revenue lost because of this prohibition. The bill establishes the law enforcement community services grant program (program) in the division of local government in the department to provide grants to law enforcement agencies, local governments, and community organizations to improve community services. It establishes a committee to review grant applications and make recommendations on grant awards and establishes a fund from which grants are paid. Under current law, the net balance of proceeds received from a forfeiture action are divided evenly between the governmental body of the seizing agency and the managed service organization providing behavioral health in the judicial district (MSO). The bill provides that the 50% that went to the MSO is now divided so that the MSO and the new law enforcement community services grant program fund each receive 25%. (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

The Colorado constitution authorizes limited gaming in specific geographic areas of the state. There is a tax imposed on limited gaming, the rate of which is set by the Colorado limited gaming control commission, but the constitution provides that the rate may not exceed 40% of the adjusted gross proceeds. The proceeds of the tax are credited to the limited gaming fund where the expenses of the commission are first paid and then the money is distributed 50% to the state share, 28% to the state historical fund, 12% to Gilpin and Teller counties, and 10% to the cities of Central City, Black Hawk, and Cripple Creek. The state share is transferred for various items, with the remainder being credited to the general fund, including $5 million to the local government limited gaming impact fund. This fund is administered by the department of local affairs and is used for grants to eligible local governmental entities for documented gaming impacts. The bill annually increases the amount of money credited to the limited gaming impact fund by an amount equal to the growth of the state share from the previous fiscal year. The bill also makes adjustments to the statutory definition of 'documented gaming impacts'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates a temporary income tax credit for income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, for employers that make contributions to 529 qualified state tuition program accounts owned by their employees in an amount equal to 20% of the contribution, not to exceed $500. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law requires state agencies to give a licensee: Notice of facts or conduct that may warrant revocation, suspension, annulment, limitation, or modification of a license; An opportunity to submit written data, views, and arguments with respect to the facts or conduct; and A reasonable opportunity to comply with all lawful requirements except for a willful violation or violation that is a danger to public health and safety. When a matter pertains to an individual who is licensed to practice an occupation, if mediation is ordered, section 2 of the bill requires a state agency to do the following upon the motion of the agency or licensee after the licensee receives the notice of hearing: To include a person who has authority to make prehearing decisions concerning disposition of the issue in settlement and mediation meetings and communications with the licensee; and To include a public or private mediator—at the expense of the licensee when the mediator is privately retained—upon the licensee's request. Administrative law judges are instructed to make themselves available for mediation, without cost, if feasible. Procedures are set for mediation. If mediation fails, the agency may continue to seek discipline upon instituting a disciplinary hearing against a licensee. The office of administrative courts and the division of professions and occupations in the department of regulatory agencies are required to report to specified legislative committees certain information about hearings, mediations, and proceedings held between July 2019 and July 2021. Section 3 of the bill clarifies that a court may overturn discipline for a failure to follow the requirements of current law or to submit to mediation. $125,356 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund to implement the bill. From that appropriation $19,917 is appropriated to the department of personnel for use by the office of administrative courts and $64,575 is appropriated to the department of law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More