Sen. Mike Foote

Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules and regulations that were adopted or amended on or after November 1, 2015, and before November 1, 2016, with the exception of the rules and regulations specifically listed in the bill. Those specified rules and regulations will expire as scheduled in the 'State Administrative Procedure Act' on May 15, 2017, on the grounds that the rules and regulations either conflict with statute or lack or exceed statutory authority.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Committee on Legal Services. Current law directs the Office of Legislative Legal Services to study the organizational recodification of title 12, Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, the bill relocates the following laws: Article 13 of title 12, pursuant to which the commissioner of financial services and the financial services board regulate life care institutions, to article 49 of title 11 ( section 1 of the bill); and Article 52 of title 12, pursuant to which the banking board and the state bank commissioner regulate money transmitters, to article 110 of title 11 ( sections 2 and 3 ). Section 13 repeals the articles where these laws were previously codified, and sections 5 through 12 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill makes various amendments to statutes concerning the rights of crime victims, including the following: The definition of 'crime' is amended to include: Failure to stop at the scene of an accident that results in serious bodily injury of another person; Violation of a protection order issued against a person charged with stalking; and Posting a private image for harassment or for pecuniary gain. The definition of 'critical stages' is amended to include any full parole board review hearing. The definition of 'modification of sentence' is amended to include a resentencing following a probation revocation hearing or a request for early termination of probation. The bill creates a victim's right: To be heard at any court proceeding at which the court considers a request for progression from a person accused or convicted of a crime against the victim and who is in the custody of the state mental health hospital. 'Progression' includes off-grounds supervised or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough. To be informed of the results of a probation or parole revocation hearing; and To be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed. The bill requires a district attorney's office, if practicable, to inform a victim of any pending motion to sequester the victim from a critical stage in the case. Unless a victim requests otherwise, the district attorney shall inform each victim of the right to receive information from the state mental health hospital concerning the custody and release of a person convicted of a crime against the victim and ordered by a court into the hospital's care, including how the victim may request notification from the hospital. Upon the written request of a victim, the Colorado mental health institute at Pueblo or the Colorado mental health institute at Fort Logan shall notify the victim of certain information regarding any person who was charged with or convicted of a crime against the victim. The bill requires the juvenile parole board to report additional information concerning juvenile parole hearings. The court shall inform the probation department before any hearing regarding any request by a probationer for early termination of probation or any change in the terms and conditions of probation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

In connection with the role of watchers in elections, the bill does the following: Section 1 of the bill authorizes each political party participating in a primary election to have at least one watcher at any one time in each voter service and polling center in the county and at each place where votes are counted. This section requires the chairperson of the county central committee of each political party to select the names of the persons who will represent their political party in each precinct in the county as a watcher. If such chairperson is not able to make the appointments, the chairperson of the state central committee of the political party or another official of the state political party are required to make the appointments. The date by which the chairperson is required to submit the names of the watchers is specified. Section 2 requires that, in the case of an issue committee, the registered agent of the issue committee is the authorized representative of the issue committee entitled to appoint one or more watchers. The date by which the appointing authority is required to submit the names of the appointees is specified. Section 3 imposes the same requirements with respect to proponents and opponents of a ballot issue. Section 4 specifies procedures to be followed if a watcher sees a potential discrepancy. This section of the bill also allows the watcher to observe the process of signature verification. This section of the bill additionally contains an oath or affirmation that a person appointed as a watcher is to recite before beginning his or her service. Section 5 removes an existing exception to a prohibition on the sale, disclosure, or release of a photocopied or microfilmed image of an elector's signature to effect an overall ban on the sale, disclosure, or release of certain confidential personal information. Section 6 gives county clerk and recorders the same access to the criminal history records of watchers as they currently have with respect to election judges and gives the secretary of state the power to require that certain duties may only be performed by watchers for whom the county clerk and recorder has requested their criminal justice records. This section further clarifies that such duties performed by a watcher include observing electors' records in the statewide voter registration system.(Note: This summary applies to this bill as introduced.)

Under current law, there are a number of professions that require fingerprint-based background checks. Some of those fingerprint requirements direct that the fingerprints must be taken by a law enforcement agency. The bill removes the requirement that a law enforcement agency is the only authorized entity able to take the fingerprints. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved or federal bureau of investigation-approved livescan equipment. The third party shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law there is an exception to the crime of possession of sexually exploitative material for peace officers while in the performance of their duties. The bill expands the exception to a prosecutor, criminal investigator, crime analyst, or other individual who is employed by a law enforcement agency or district attorney's office and who performs or assists in investigative duties that may involve sexually exploitative materials and a defendant's attorney and any employee of the attorney or person retained by the attorney who assists in a case involving sexually exploitative materials. (Note: This summary applies to this bill as introduced.)

The bill amends the definition of a pathways in technology early college (p-tech) high school to include a p-tech program that operates within a host school. In addition, in applying school accreditation requirements and reporting graduation rates, a p-tech student is counted as a high school graduate in the year in which the student completes the local education provider's or host school's minimum high school graduation requirements. A p-tech school or the host school shall notify the department of education prior to a p-tech student's twelfth-grade year if the student will be enrolled in the p-tech school for grades 13 or 14. (Note: This summary applies to this bill as introduced.)

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 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 it does not apply if a school commences operations near production facilities or wells that are already actively in use or permitted and, with respect to property owned by a school district, the distance requirement applies to the school building, other facilities used for school activities, and real property on which a future permanent or temporary school building is planned within 5 years after a production facility application is filed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)