Interstate agreement to elect president of the United States by national popular vote. The act makes law and enters into with all other states joining therein the agreement among the states to elect the president of the United States by national popular vote (agreement). Among other provisions, the agreement: Permits any state of the United States and the District of Columbia to become members of the agreement by enacting the agreement; Requires each member state to conduct a statewide popular election for president and vice president of the United States; Prior to the time set for the meeting and voting of presidential electors, requires the chief election official of each member state to determine the number of votes cast for each presidential slate in a statewide popular election and to designate the presidential slate with the largest national popular vote total as the national popular vote winner; Requires the presidential elector certifying official of each member state to certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner. At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, the agreement requires each member state to make a final determination of the number of popular votes cast in the state for each presidential slate and to communicate an official statement of the determination within 24 hours to the chief election official of each other member state. The agreement also requires the chief election official of each member state to treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by congress. Specifies that the agreement governs the appointment of presidential electors in each member state in any year in which the agreement is in effect on July 20 in states cumulatively possessing a majority of the electoral votes; Permits a state's withdrawal from the agreement, except in limited circumstances; Specifies that the agreement will terminate if the electoral college is abolished; and Provides that the invalidity of any of the agreement's provisions do not affect the remaining provisions. The act specifies that when the agreement becomes effective, it supersedes any conflicting provisions of Colorado law. When the agreement becomes effective and governs the appointment of presidential electors, each presidential elector is required to vote for the presidential candidate and, by separate ballot, vice-presidential candidate nominated by the political party or political organization that nominated the presidential elector. (Note: This summary applies to this bill as enacted.) Read More
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Education - performance indicators - graduation rate - counting students enrolled in special education services. Under the act, a student who is enrolled in special education services must be counted in the enrolling public high school's, school district's or institute's, and state's graduation rate in the year in which the student completes high school graduation requirements. The act does not limit the right to a free appropriate public education for a student as provided by the federal "Individuals with Disabilities Education Act", the "Exceptional Children's Educational Act", or any other federal or state law or rule. (Note: This summary applies to this bill as enacted.) 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
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 the following technical modifications to miscellaneous provisions of the 'Uniform Election Code of 1992' (code): Section 1 of the bill clarifies that any undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid does not need to be stored in the statewide voter registration system. Section 2 specifies voter registration requirements pertaining to a homeless elector. Section 3 clarifies that existing requirements prohibiting a loss of voter registration status while a person is confined in a correctional facility, jail, or state institution apply when the person is not serving a sentence for a felony conviction. Section 3 also clarifies that existing requirements permitting a confined prisoner who is awaiting trial or has not been tried to register to vote also applies to a prisoner who is not serving a sentence for a felony conviction. This section further adds that all such prisoners may list their confinement location as their ballot address for voter registration purposes. Section 4 clarifies the text of certain questions an elector answers upon registering and adds as a question the address where the elector wishes to receive his or her ballot if different from the address of record. Section 41 makes a conforming change to the definition of 'confirmation card'. Section 5 clarifies the information a prospective elector must provide when registering to vote at a driver's license examination facility. This section also makes changes to existing statutory provisions to facilitate the registration of electors at such facilities. Section 6 specifies that a declaration or change of affiliation made by an unaffiliated elector must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation only applies to a primary election and does not apply to a general or coordinated election. Section 7 requires the department of state, no later than July 31, 2019, to regularly provide the department of revenue (DOR) with current voter registration information. The DOR must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. Section 8 changes the deadlines for registering to vote in advance of a political party caucus, assembly, or convention and for affiliating with the political party in advance of such events. Section 9 requires the state central committee of each major political party to compile and provide to the secretary of state (secretary) information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee. Section 10 prohibits an unaffiliated elector from signing a petition for a candidate of a major political party. Section 11 prohibits a write-in vote for president in a general election from being counted unless it includes a write-in vote for vice-president. Section 12 deletes an existing statutory requirement that a copy of the notice of the cancellation of an election be posted at each voter service and polling center (VSPC) of the political subdivision. Sections 13 and 42 repeal statutory language requiring the county clerk and recorder (county clerk) to prepare a combined primary election ballot to be used by unaffiliated electors. Section 14 clarifies the certification requirements for election judges such that they will be certifying that they are residents of the state and deletes language requiring them to certify that they reside in the political subdivision. Section 14 also changes the date in advance of an election when classes for training election or supervisor judges must be held. Section 15 changes the deadline by which the appropriate official of a minor political party must certify to the county clerk an initial list of the names and addresses of electors serving as election judges. Section 16 changes the deadline by which any unaffiliated elector may give notice to the county clerk offering to serve as an election judge. Sections 17, 18, and 19 replace the term 'precinct' with 'VSPC' in 3 statutory sections addressing election and supervisor judges. Section 17 requires the county clerk to appoint election judges for each location where election activities are occurring instead of for each precinct as under existing law. This section also permits the county clerk to appoint an election judge to serve in a county other than the county in which the election judge resides. If more than one supervisor judge is serving at a VSPC, section 19 also requires the judges to be of different political party affiliations. Section 20 replaces the term 'polling location' with 'VSPC' in a statutory section dealing with the number of election judges. Section 21 repeals an outdated statutory section requiring, where voting is by ballot or on a ballot card, a particular counting of the ballots and the sealing of the transfer box. Section 20 also repeals outmoded provisions concerning preparation of the paper tape in electronic voting. Section 22 changes the deadline by which comments pertaining to a ballot issue must be filed with the political subdivision. Section 23 changes, for referred ballot measures, the deadline by which petition representatives are required to submit to the political subdivision comments favorable to the petition. Section 24 changes the deadline by which the designated election official of a political subdivision (DEO) is required to submit to the county clerk the full text of any required ballot issue notices. Sections 25, 26, 27, and 29 eliminate the general requirement that a secrecy envelope or sleeve be included in a mail ballot packet. Section 26 also modifies the language used for instructing the elector on completing a mail ballot. Section 29 also requires the county clerk to ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes and specifies actions that must be taken by the county clerk if he or she chooses not to include a secrecy envelope or sleeve in the mail ballot packet. Section 28 also changes the deadline by which a DEO is required to provide a mail ballot to a registered elector who requests the ballot at the DEO's office or the office designated in the mail ballot plan filed with the secretary. Section 30 repeals statutory provisions governing the process of applying for an absentee ballot. Section 31 provides that, if the declaration accompanying a federal write-in absentee ballot is received after the election, it is to be treated as an application to register to vote for subsequent elections. Section 32 changes the deadline by which the DEO is to complete the verification and counting of all provisional ballots. Section 33 changes the deadline by which the canvass board is to complete its duties. In the case of an election that includes a statewide ballot measure, section 34 changes the deadline by which the county clerk is to transmit to the secretary the portion of the abstract of votes cast that contains the statewide abstract of votes cast. Section 34 also changes the deadline by which the secretary is to compile and total election returns, determine if a recount is necessary, and order any recounts. Section 35 changes the deadline by which the canvass board is to certify to the DEO the official abstract of votes cast for all candidates and ballot measures in the election. Section 36 deletes a requirement that the secretary notify the affected county clerk of a recount for congressional, state and district offices, state ballot questions, and state ballot issues by means of registered mail and facsimile transmission. Section 36 also changes the deadline for completing the recount. Section 37 changes the deadline by which a recount of other offices, ballot issues, and ballot questions arising out of an election coordinated by the county clerk is to be completed and also changes another deadline affecting the notice to be given to the county clerk by a political subdivision where a recount is being waived. Section 38 changes the deadlines by which an interested party is to submit a notarized written request for a recount and by which an automatic recount is to be completed. Section 39 changes the manner of calculating the number of signatures required for a petition to recall a school district director. Section 40 changes the deadline by which a signer may request that his or her name be stricken from a recall petition.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under existing law, the department of revenue (department) may not issue or renew, or may cancel, a driver's license if the applicant or license holder has outstanding warrants or has failed to pay certain monetary judgments relating to traffic violations. The bill prohibits the department from denying or canceling a driver's license when the applicant or license holder has failed to pay a monetary judgment relating to a traffic violation or has used public transportation without paying the fare. Under existing law, an outstanding judgment or warrant relating to any municipal violation committed when the applicant or license holder was under 18 years of age must result in the denial or cancellation of the driver's license. The bill limits such denials or cancellations to when the outstanding warrant is for a traffic violation that occurred when the applicant or license holder was under 18 years of age. (Note: This summary applies to this bill as introduced.) , Read More
The bill requires the oil and gas conservation commission to promulgate rules as soon as practicable to ensure proper wellhead integrity of all oil and gas production wells. The bill requires an oil and gas operator to give electronic notice of the location of each flow line and gathering pipeline installed, owned, or operated by the operator to each local government within whose jurisdiction the subsurface facility is located. The commission promulgated several rules in 2016 to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities within whose jurisdictions the proposed operations will occur; and the bill adds counties within whose jurisdictions the proposed operations will occur. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000-foot distance from which newly permitted oil and gas production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that the minimum distance requirement does not apply if a school commences operations near oil and gas facilities or wells that are already actively in use or permitted; except that the minimum 1,000-foot distance applies to real property owned by a school district on which a future permanent or temporary school building is planned to be constructed within 5 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law authorizes 'forced' or 'statutory' pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission for an order to pool and develop oil and gas resources located within a particularly identified drilling unit absent consent from the mineral owner. The bill exempts school districts that own mineral rights and mineral rights owners that are located on open space designated by a local government if the local government acquired the mineral rights before the application was filed from being forced pooled but maintains their ability to engage in voluntary pooling. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill imposes requirements on health care facilities, health care providers, pharmacies, and health insurers, starting January 1, 2019, to disclose information about health care charges. Specifically, section 2 of the bill enacts the 'Comprehensive Health Care Billing Transparency Act' (act), which requires health care facilities, including hospitals, ambulatory surgical centers, community clinics, and physician practice groups, to: Publish their fee schedules or other lists of charges the facilities bill for specific health care services before applying any discounts, rebates, or other charge adjustment mechanisms; Include in every bill sent to a patient an itemized detail of each health care service provided, the charge for the service, how any payment or adjustment by the patient's health insurer was applied to each line item in the bill, and, for hospitals, the amount of the healthcare affordability and sustainability fee the hospital is charged; and In situations where an individual provides health insurance information to the facility or a provider in a facility setting, disclose whether the facility or provider participates in the individual's health insurance plan; whether the services the facility or provider will render will be covered as an in-network or out-of-network benefit; and whether the individual will receive a service from an out-of-network provider at an in-network facility. For an individual health care provider who provides health care services at a health care facility, has a separate fee schedule for the services the provider delivers in the facility setting, and whose fees for those services are not included in the facility's published fee schedule, the provider must provide a fee schedule to the facility for posting on the facility's website. Section 2 also prohibits a facility or provider from billing a patient or third-party payer an amount in excess of the lower of any established self-pay rate or the lowest rate negotiated with or reimbursed by any third-party payer, including the federal centers for medicare and medicaid services in the United States department of health and human services, for the particular health care services rendered to the patient if the facility or provider has failed to publish or provide its fee schedule. Additionally, section 2 requires a pharmacy to publish a list of its retail drug prices, which is a list of the charges the pharmacy charges to an insured or uninsured person for prescription drugs it administers or dispenses, before any rebates, discounts, or other price adjustment mechanisms are applied. Section 4 specifies that failure to comply with the requirements to publish retail drug prices constitutes grounds for the state board of pharmacy to discipline a pharmacist. Health insurers, facilities, and providers are prohibited from including any provision in a contract between the parties issued, amended, or renewed on or after January 1, 2019, that restricts the ability of a provider, facility, or health insurer to provide patients with the charge information required to be published. Section 2 also directs the state board of pharmacy to adopt rules necessary to implement the provisions of the act that are applicable to pharmacies and the executive director of the department of public health and environment to adopt any other rules necessary to implement and administer the act. Section 3 requires health insurers to publish information about contract terms, cost-sharing arrangements, and prescription drug prices. The commissioner of insurance is directed to adopt rules to implement and administer these requirements and is authorized to use enforcement powers under current law to enforce the requirements on health insurers. (Note: This summary applies to this bill as introduced.) Read More