Section 1 of the bill changes the name of the Emily Maureen Ellen Keyes organ and tissue donation awareness fund to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund (fund). The bill clarifies that designation as an organ and tissue donor (donor) by an applicant for a driver's license, instruction permit, or license renewal remains in effect until revoked by the applicant. Section 1 also removes the repeal date of the fund and adds a requirement that the recipient of money from the fund (Donor Alliance, Inc.) must file an annual report with the department of revenue detailing the amounts and uses of all funds received. The report must be presented by the department of revenue at the hearing required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. Section 2 of the bill continues the option that allows applicants for a driver's license, instruction permit, or license renewal to donate to the fund and, if not already a donor, to volunteer to become a donor. Section 3 of the bill provides for an appropriation from the fund to the department of revenue for costs necessary to implement the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
During the 2016 session, the general assembly adopted an expedited process for sealing the criminal records of a person who is acquitted, whose case is completely dismissed, who completed a diversion agreement, or who completed a deferred judgment and sentence. The bill clarifies that many of the general provisions related to criminal record sealing also apply to this expedited process. The bill clarifies that if the case involved a crime that requires a victim to be notified of a motion for record sealing, the court shall allow up to 42 days to provide that notification before ruling on the motion on record sealing. The bill clarifies that the filing fee for state court cases goes to the judicial stabilization fund and the filing fee in a municipal court goes to the municipality. The bill allows the prosecuting attorney or law enforcement agency to release sealed police reports or protection orders to the victim, if the victim demonstrates that there is a need for the reports for a lawful purpose. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the department of military and veterans affairs to make grants to support the USS Colorado, a soon-to-be commissioned nuclear attack submarine, in order to: Pay for expenses related to the commissioning of the USS Colorado; Promote awareness of the USS Colorado within the state; and Support the crew. For the 2017-18 fiscal year, $100,000 is appropriated to the department of military and veterans affairs to make these grants. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law caps the compensation that a special district board member may receive at $1,600 per year and $100 per meeting attended. The bill increases this amount to $2,400 per year and specifies that special meetings include study sessions in specified circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the state department of human services (state department) and county departments of human or social services (county departments) to provide notice and to collect and share information with the command authority of national military installations regarding any report received of known or suspected instances of child abuse or neglect in which the person having custody or control of the child is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces assigned to that military installation. The state department and county departments may enter into memorandums of understanding with military installations establishing protocols for the sharing of information and for collaboration on the investigations into child abuse or neglect by a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. The state board of human services shall promulgate rules related to the collection and sharing of information. The bill allows designated authorities at the military base of assignment or installation for the member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces to have access to reports of child abuse or neglect. Reports of known or suspected child abuse or neglect must include the military affiliation of any person who has custody or control of the child who is the subject of the investigation of child abuse or neglect, if such individual is a member of the armed forces or a spouse, or a significant other or family member residing in the home of the member of the armed forces. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law prohibits an employee of a tavern or lodging and entertainment facility who is under 21 years of age from selling malt, vinous, or spirituous liquors. The bill permits a licensed tavern or lodging and entertainment facility that regularly serves meals to allow an employee who is at least 18 years of age but under 21 years of age to sell malt, vinous, or spirituous liquors if the employee is supervised on-site by a person who is at least 21 years of age. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the family caregiver support fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue (department) certifies to the revisor of statutes that: There is a space available on the form; and The fund is next in the queue. Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering moneys designated for the fund. After that amount is deducted, the moneys remaining in the fund at the end of a fiscal year are transferred to Easter Seals Colorado, a nonprofit organization. Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current statutory law provides the state board of education (board) with the discretion to exempt some positions in the department of education (department) from the state personnel system if the positions are determined by the board to be director, consultant, supervisor, or instructor positions. The bill authorizes the board to delegate the authority to make these determinations to the commissioner of education. The bill specifies that any employee holding a position determined by the board or by the commissioner of education, as the board's designee, to be a director, a consultant, a supervisor, or an instructor position on or before September 1, 2017, remains exempt from the state personnel system so long as the employee continues to hold that position. The board or the commissioner of education, as the board's designee, is required to determine which positions in the department meet the criteria to be exempt from the state personnel system; except that the board may not determine that a position is exempt while it is held by an employee in the state personnel system. On or before December 31 of each year, the commissioner of education is required to submit a report to the state personnel director listing all positions in the department that are exempt, pursuant to the board's statutory authority, from the state personnel system. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the division of criminal justice (division) within the department of public safety (department) to report annually to the general assembly certain data relating to substance-affected driving citations that occurred in the previous year. For the purpose of producing the report, the division shall collect certain data from: The state judicial branch; Forensic toxicology laboratories; The department of public health and environment; and The division of probation services. The bill creates a $2 surcharge for persons convicted of substance-affected driving. Money collected as such surcharges must be deposited in the substance-affected driving data-analysis cash fund, which is created in the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Judiciary Committee. The bill implements the recommendations of the sunset review and report on the continuation of the 'Colorado Fair Debt Collection Practices Act' (Act) by: Continuing the Act through 2028; Defining a 'debt buyer' as a person who engages in the business of purchasing debt for collection purposes; Creating requirements for debt collectors and collection agencies that bring legal actions on debts owned; Defining what is expected of a collection agency that purchases, sells, or attempts to collect on a purchased debt; Clarifying that the statute of limitations for private actions and actions by the administrator of the Act is 2 years; Repealing the collection agency board; and Requiring the administrator of the 'Uniform Consumer Credit Code' to prepare a report concerning the Act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)