Under current law, the number of in-state students enrolled at public institutions of higher education is governed by various percentage limits and requirements. The bill standardizes the calculation for public research institutions in the following ways: Requires the university of northern Colorado (UNC) and the Colorado school of mines (CSM), in addition to the university of Colorado (CU) and Colorado state university (CSU), to admit 100% of academically qualified Colorado first-time freshman students; Reduces the various percentages so that in-state students make up no less than 55% of total enrollments at each campus of CU and at CSU, UNC, and CSM, excluding foreign students and students enrolled solely in online courses; and Increases the cap on foreign students enrolled at CU and CSU to 15% of total student enrollment and includes UNC and CSM in the percentage limit. The department of higher education shall submit an annual report to specified committees of the general assembly demonstrating that the institutions included in the bill have met resident admission and enrollment requirements. The department and the public research institutions shall ensure that necessary data is available for the report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The public employees' retirement association (PERA) provides retirement and other benefits to employees of the school districts, state, local governments, and other public entities across the state. The bill makes changes to the hybrid defined benefit plan administered by PERA with the goal of eliminating, with a high probability, the unfunded actuarial accrued liability of each of PERA's divisions and thereby reach a 100% funded ratio for each division within the next 30 years. The bill modifies benefits, increases contributions, ensures alignment of contributions, service credit, and benefits, and makes other modifications as follows: Highest Average Salary (HAS): Currently, for a PERA member who is not in the judicial division of PERA, the member's HAS is based on an average of the highest annual salaries associated with 3 periods of 12 consecutive months of service with a base year. For a PERA member who is in the judicial division of PERA, the member's HAS is based on an average of the highest annual salaries associated with 12 consecutive months of service. For all new PERA members hired on or after January 1, 2020, who are not in the judicial division, and for all existing PERA members who do not have 5 years of service credit as of January 1, 2020, who are not in the judicial division, the bill modifies the HAS calculation to be based on an average of the highest annual salaries associated with 7 periods of 12 consecutive months of service with a base year. For all new PERA members hired on or after January 1, 2020, who are in the judicial division, and for all existing PERA members in the judicial division who do not have 5 years of service credit as of January 1, 2020, the bill modifies the HAS calculation to be based on an average of the highest annual salaries associated with 3 periods of 12 consecutive months of service with a base year. Definition of salary: The bill modifies the definition of salary. Specifically, the bill states that amounts deducted from pay pursuant to a cafeteria plan or a qualified transportation plan are included in the definition of salary. In addition, the bill clarifies that unused sick leave converted to cash payments is included in the definition of salary and that insurance premiums paid by employers are not included in the definition of salary. Termination of affiliation: Current law allows a political subdivision of the state that is an employer associated with PERA and that is assigned to the local government division of PERA to terminate its affiliation with PERA upon application to the PERA board. The bill specifies that any employer that ceases operations or ceases to participate in PERA for any reason is deemed to have terminated its affiliation with PERA. The bill states that any such employer is required to fully fund its share of the unfunded liability of the defined benefit plan and its share of the unfunded liability of the health care trust fund. The bill specifies that the PERA board will determine the amount of such payments and that such determinations may be appealed by the employer through the administrative review process established in the board rules. The bill further specifies that the employees of an employer that terminates its affiliation with PERA will become inactive members of PERA as of the date of the termination. Such members may elect to have their member contributions credited to an alternative pension plan or refunded. In the absence of such election, the member contributions will remain with PERA. Increase in member contributions: Currently, all PERA members with the exception of state troopers contribute 8% of their salary to PERA on a monthly basis. State troopers contribute 10% of their salary to PERA on a monthly basis. On July 1, 2018, and again on January 1, 2019, the monthly member contribution to PERA will increase by .5% of salary. On July 1, 2019, and again on January 1, 2020, the monthly member contribution to PERA will increase by 1% of salary. When all increases are fully implemented, the total contribution will be 11% of salary each month for PERA members who are not state troopers and 13% each month for PERA members who are state troopers. Automatic contribution and annual increase amount changes: The bill specifies the circumstances under which the member contribution rate and the annual increase percentage for retirement benefits can be adjusted so the fund remains within the target of paying off the unfunded liability within 30 years. The bill specifies that the yearly adjustments can be up to one-quarter of one percent on the annual increase percentage and one-half of one percent on the employee contribution percentage. The bill places limits on how much the annual increase and contribution rates can be adjusted. Defined contribution supplement: Beginning January 1, 2021, the bill requires employer contribution rates to be adjusted to include a defined contribution supplement. The defined contribution supplement for each division will be the employer contribution amount paid to defined contribution plan participant accounts that would have otherwise gone to the defined benefit trusts to pay down the unfunded liability, plus any defined benefit investment earnings thereon, expressed as a percentage of salary on which employer contributions have been made. The employer contribution amounts only include contributions made on behalf of eligible employees who commence employment on or after January 1, 2019. Earned service credit for part-time work: Currently, a PERA member earns a full year of service credit for 12 months of employment if the member earns a salary of 80 times federal minimum wage in each month. This applies even if the member does not work full time. In addition, a PERA member earns a full year of service credit if the member's employment pattern covers at least 8 months but less than 12 months in a year, so long as the member worked at least 8 months in the 12-month period. The bill modifies the way service credit is earned for part-time work for any PERA member who was not a member, inactive member, or retiree on or before December 31, 2019. Such members earn a full year of service credit for 12 months of employment if the member works full time or works at least 8 months but less than 12 months in a year. If the member does not work full time, the earned service credit will be determined by the ratio of part-time work to full-time work and the number of months for which contributions are remitted to the number of months required for a year of service credit. Service retirement eligibility for new members: For PERA members who begin employment on or after January 1, 2020, the bill increases the age and service requirements for full-service retirement benefits for most divisions to age 65 with a minimum of 5 years of service or any age with a minimum of 40 years of service credit. For state troopers who begin employment on or after January 1, 2020, the bill increases the age and service requirements for full-service retirement benefits to age 55 with a minimum of 25 years of service credit or any age with a minimum of 35 years of service credit. State troopers are also eligible for full-service retirement benefits at age 65 with 5 years of service credit. For PERA members who begin employment on or after January 1, 2020, the bill also increases the age and service requirements for a reduced service retirement benefit to 55 years with a minimum of 25 years of service credit; except that, for state troopers, the bill increases the requirements to 55 years with a minimum of 20 years of service credit. Cost of living adjustment (COLA) for all retirees, members, and inactive members: Currently, the annual COLA for benefit recipients who began membership prior to January 1, 2007, is 2%. For the years 2018 and 2019, the bill reduces the COLA to 0%. For each year thereafter, the bill changes the COLA to 1.25%, unless it is adjusted pursuant to the automatic adjustment provisions explained above. In addition, the bill requires benefit recipients whose effective date of retirement is on or after January 1, 2011, and who have not received a COLA on or before May 1, 2018, to receive benefits for at least a 36-month period following retirement before the benefit is adjusted with the COLA. Defined contribution plan: Currently, members in the state division of PERA hired on or after January 1, 2006, may choose to participate in the defined contribution plan administered by PERA rather than the defined benefit plan. A member's participant account receives the monthly employer contribution, and the amortization equalization disbursement (AED) and supplemental amortization equalization disbursement (SAED) payments are used to amortize the unfunded liability of the defined benefit plan. Beginning January 1, 2019, members of the school division, the Denver public schools division, local government division, and judicial division of PERA hired on or after that date may also choose to participate in the defined contribution plan. A new member's participant account will receive the same employer contribution as received by current members of the defined contribution plan. Public pension legislative oversight committee: The bill creates the public pension legislative oversight committee to study and develop proposed legislation relating to the funding and benefit designs of PERA and the fire and police pension association. The committee is comprised of 4 senators appointed by the president of the senate, 4 representatives appointed by the speaker of the house of representatives, and 4 experts in the area of pensions or retirement plan designs appointed by the state treasurer. The bill specifies limitations on the number of appointees that may be from the same political party. The bill also specifies that the state treasurer's appointees are required to have significant experience and competence in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis and shall not be members, inactive members, or retirees of PERA or the fire and police pension association. The bill repeals the police officers' and firefighters' pension reform commission on January 1, 2019.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies in its sunset review of the board of mortgage loan originators. Sections 1 and 2 ( Recommendation 1 ) of the bill continue the board for 11 years, until September 1, 2029. Section 3 ( Recommendation 2 ) commences the 60-day period within which the board must act on a license application on the date when all information, including supplementary information, necessary to process the application has been received rather than on the date when the application is first received. Section 3 ( Recommendation 3 ) also aligns the educational requirements for initial licensure as an MLO with the educational requirements of the federal 'Secure and Fair Enforcement for Mortgage Licensing Act of 2008' (the 'SAFE Act'). Section 4 ( Recommendation 4 ) aligns the standards for disqualifying prior convictions with the corresponding standards in the SAFE Act and applies those standards to renewal and revocation as well as initial licensure. Section 5 ( Recommendation 5 ) encourages the governor to appoint to one of the 3 seats on the board that is assigned to mortgage loan originators (MLOs) an MLO who is an employee or exclusive agent of, or works as an independent contractor for, a Colorado-based mortgage company.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
For purposes of determining the level of attainment for accreditation of each public high school, each school district, the state charter school institute, and the state as a whole on the postsecondary and workforce readiness performance indicator, the bill adds additional measures of the percentage of students who successfully complete: An advanced placement course in a subject other than English language arts or math and earn a score of 3 or higher on the end-of-course advanced placement exam; A concurrent enrollment course in a subject other than English language arts or math and earn a grade of 'B' or higher in the course; and An international baccalaureate course in a subject other than English language arts or math and earn a score of 4 or higher. The bill appropriates $30,000 to the department of education for information technology services to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under existing law, a person is not permitted to prepare, offer to prepare, cause to be prepared, sell, or distribute any term paper, thesis, dissertation, or other written material for another person for compensation if he or she knows or should reasonably have known, that it is to be submitted by any other person for academic credit at a public or private college, university, or other institution of higher education, or to advertise the same. A court may issue an injunction to prevent these practices. The bill defines 'assignment' to include any specific written, recorded, pictorial, artistic, or other academic task; maintains the existing offenses related to preparing or selling assignments, or advertising the same; and prohibits a person from preparing, selling, or offering to sell a document or service that provides answers for, or completes on behalf of a student, an online exam that is administered pursuant to a course of study at any institution of higher education, or advertising the same. The bill authorizes the attorney general to bring a civil action against a person who commits a violation related to the sale of academic assignments or online exam answers, and creates a civil penalty of up to $750 for each violation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Advanced placement courses are offered to high school students and reflect the information found in a college-level course. Students taking such courses have the option to take an advanced placement exam following completion of the course. Some colleges, including all state institutions in Colorado pursuant to Colorado commission on higher education policy, offer credit based on a student's advanced placement exam score. Students who take an advanced placement exam must pay an exam fee. The bill creates the advanced placement exam fee grant program (grant program) in the department of education. The grant program provides funds to high schools to reduce or eliminate the advanced placement exam fee for low-income students. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Opioid and Other Substance Use Disorders Interim Study Committee. Section 1 of the bill establishes in statute the opioid and other substance use disorders study committee, consisting of 5 senators and 5 representatives from the general assembly, to: Study data and statistics on the scope of the substance use disorder problem in Colorado; Study current prevention, intervention, harm reduction, treatment, and recovery resources available to Coloradans, as well as public and private insurance coverage and other sources of support for treatment and recovery resources; Review the availability of medication-assisted treatment and the ability of pharmacists to prescribe those medications; Examine measures that other states and countries use to address substance use disorders; Identify the gaps in prevention, intervention, harm reduction, treatment, and recovery resources available to Coloradans and hurdles to accessing those resources; and Identify possible legislative options to address gaps and hurdles to accessing prevention, intervention, harm reduction, treatment, and recovery resources. The committee is authorized to meet 6 times in a calendar year and may report up to 6 legislative measures to the legislative council, which bills are exempt from bill limitations and introduction deadlines. The committee is repealed on July 1, 2020. Section 2 requires the governor to direct the Colorado consortium for prescription drug abuse prevention to: Create a process to develop a plan that addresses the full continuum of recovery services; Develop a definition for recovery residences and recommend whether the residences should be licensed; and Report recommendations to the general assembly. Section 3 specifies school-based health care centers may apply for grants from the school-based health center grant program to expand behavioral health services to include treatment for opioid and other substance use disorders and requires the department of public health and environment to prioritize funding to the centers that serve communities with high-risk factors. Section 4 directs the department of health care policy and financing, starting July 1, 2018, to award grants to organizations to operate a substance abuse screening, brief intervention, and referral program. Section 5 creates the Charlie Hughes and Nathan Gauna opioid prevention pilot program in the Tony Grampsas youth services program for preventing opioid use among the youth population and supporting youth whose family members experience addiction. The Tony Grampsas youth services board shall oversee a grant process for the pilot program using specific criteria. The Tony Grampsas youth services program shall award the grants on or before October 1, 2018. The bill creates a fund for the direct and indirect costs associated with the program. The department of human services is required to work with the grant recipients and submit a report to the general assembly on or before January 1, 2021, regarding the progress of the grant recipients. Section 6 directs the center for research into substance use disorder prevention, treatment, and recovery to develop and implement continuing medical education activities to help prescribers of pain medication to safely and effectively manage patients with chronic pain, and when appropriate, prescribe opioids. Sections 3 through 6 also direct the general assembly to appropriate money to implement those sections. Section 7 appropriates: $675,00 to the department of health care policy and financing from the marijuana tax cash fund to implement the bill; $750,000 to the department of higher education from the marijuana tax cash fund for research purposes; $1,500,000 to the youth opioid and substance use prevention fund from the marijuana tax cash fund; $500,000 to the department of human services from reappropriated funds for use by the division of child welfare; $90,928 to the department of humans services from the marijuana tax cash fund for use by the division of child welfare; $39,249 to the legislative department from the general fund; and $775,00 to the department of public health and environment from the marijuana tax cash fund for use by the prevention services division.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the 'Nonprofit Sustainability Act of 2018'. For income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, the bill allows an individual taxpayer to claim an income tax credit for a contribution of money to an eligible endowment fund that is equal to 25% of the contribution. An 'eligible endowment fund' is defined in the bill as an endowment fund that is managed in accordance with the 'Uniform Prudent Management of Institutional Funds Act'. A Colorado charitable organization that receives the donation is required to provide a credit certificate to the taxpayer, who must submit the certificate to the department of revenue along with his or her tax return. The maximum credit an individual may claim for an income tax year is $5,000. Unused credits are not refunded and may not be carried forward. A taxpayer may not claim the credit if he or she claims any other state income tax credit for the same charitable contribution. The department of revenue is required to track all the credits claimed in each income tax year and, when the total amount of credits claimed equals twelve million dollars per income tax year, is required to disallow all subsequent credits claimed in that income tax year. (Note: This summary applies to this bill as introduced.) , Read More
The bill establishes a primary care payment reform collaborative in the primary care office in the department of public health and environment. To facilitate the collaborative's work, the administrator of the all-payer health claims database is to report data on primary care spending by private health insurers, insurers providing state employee health benefit plans, and the department of health care policy and financing under the state medicaid program and the children's basic health plan.(Note: This summary applies to this bill as introduced.) , Read More
The bill creates the career and technical education capital grant program (program) in the department of labor and employment. The state work force development council (state council) will award grants through the program to area technical colleges, school districts, and community colleges to use for equipment, or construction and maintenance of buildings, related to career and technical education. In awarding grants, the state council will prioritize applicants from rural areas of the state and consider each applicant's demonstrated need. For each year in which it awards grants, the state council must publish a report that identifies the grant recipients and how the grant money was used.(Note: This summary applies to this bill as introduced.) , Read More