Sen. Mike Foote

The bill requires a provider of commercial mobile radio service in Colorado to make network-level distraction control technology available to the provider's customers so that, at the customer's request, the provider can limit distracting content on an authorized user's mobile electronic device from the network level while the authorized user is driving. The bill specifies that the public utilities commission does not have the authority to regulate, enforce, or promulgate rules regarding the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill establishes the medicaid fraud control unit (unit) in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated. The department of health care policy and financing is authorized to require medicaid providers to include information about reporting medicaid fraud to the unit in any explanation of benefits provided to a medicaid beneficiary. The bill creates offenses related to making false statements on applications, medicaid fraud, and credit and recovery of medicaid payments. The bill makes it unlawful to receive certain kickbacks, bribes, and rebates related to the administration of a medicaid service. Actions brought under the provisions of the bill must commence within 3 years after the discovery of the offense, but no later than six years after the commission of the offense. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim's sexual conduct is irrelevant and not admissible except for: Evidence of the victim's prior or subsequent sexual conduct with the defendant; or Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant. The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard. All motions and all related records are kept under seal unless the court orders that the evidence is admissible. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Last session, Senate Bill 17-115 expanded the group of people who, if they possessed sexually exploitative material in the performance of their duties, could not commit sexual exploitation of a child to all law enforcement personnel and defense counsel personnel. The bill clarifies that the sexual exploitation of a child statute does not change the discovery procedure for sexually exploitative materials and that the defendant and defense counsel personnel are not allowed to receive copies of the materials. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill designates an administrator of judicial security in the Colorado judicial department as a peace officer who must be certified by the peace officer standards and training board. (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, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44 and section 2 relocates laws related to the sale of motor vehicles and powersports vehicles from article 6 of title 12 to article 20 of title 44. Section 3 relocates part 4 of article 6 of title 12 related to event data recorders to part 24 of article 4 of title 42. Section 4 repeals the article where these laws were previously codified.(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, which relates to professions and occupations. To implement the initial recommendations of the study, section 1 of the bill relocates article 37.5 of title 12, the 'Colorado Parental Notification Act', to a new part in article 22 of title 13. Section 2 of the bill makes a conforming amendment, and section 3 repeals the part where the law was previously codified. Section 4 of the bill relocates article 26 of title 12, firearms dealers, to a new part in article 12 of title 18. Section 5 of the bill relocates article 26.1 of title 12, gun show background checks, to a new part in article 12 of title 18. Sections 6 and 7 of the bill make conforming amendments, and section 8 repeals the part and article where the laws were previously codified. Section 9 of the bill relocates part 3 of article 55 of title 12, the 'Uniform Unsworn Declarations Act', to a new article in title 13. Section 10 of the bill makes a conforming amendment, and section 11 repeals the part where the law was previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill updates the renewable energy standard to require that all electric utilities, including cooperative electric associations and municipally owned utilities, derive their energy from 100% renewable sources by 2035. The bill also: Removes recycled energy from the types of energy sources eligible for meeting the renewable energy standard; Allows a utility to obtain energy efficiency credits equal in value to renewable energy credits based on any energy efficiency upgrades made for a low-income residential customer; Removes multipliers used for counting certain renewable energy generated; and Phases out the system of tradable renewable energy credits so that renewable energy generated after 2035 is not eligible for renewable energy credits.(Note: This summary applies to this bill as introduced.) Read More

Section 1 of the bill specifies that the short title of the act is the 'Protect Act'. Current law specifies that local governments have powers, commonly called 'House Bill 1041' powers, which are a type of land use authority, over oil and gas mineral extraction areas only if the Colorado oil and gas conservation commission has designated a specific area as an area of state interest; sections 3 and 4 repeal that limitation. Section 5 includes specific authority to regulate the siting of oil and gas facilities in counties' existing land use authority. Section 6 makes the same changes with regard to municipalities' existing land use authority. Sections 7 and 8 specify that the Colorado oil and gas conservation commission's authority to regulate oil and gas operations, including the siting of oil and gas facilities, does not exempt an oil and gas facility from a local government's siting authority and that an oil and gas operator must ensure that the location of an oil and gas facility complies with city, town, county, or city and county siting regulations. Sections 5, 6, and 8 specify that, notwithstanding any other provision of law, the governing body of a municipality and a board of county commissioners may, in order to protect the public safety, health, and welfare of the citizens of the local government, plan, zone, and refuse to allow oil and gas operations. (Note: This summary applies to this bill as introduced.) Read More

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