Boards of county commissioners - delegation to county administrative officials - land use determinations affecting subdivision platting. The process for review and approval by a county of subdivision plats or other plans and agreements affecting certain land use determinations must be conducted pursuant to county resolutions, ordinances, or regulations. The act provides that such resolutions, ordinances, or regulations may provide for the delegation by a board of county commissioners (board) to one or more county administrative officials the authority to: Approve or deny final plats, amendments to final plats, and correction plats; Approve subdivision improvement agreements and other agreements required in connection with a final plat, an amendment to a final plat, or correction plat; Review and approve the data, surveys, analyses, studies, plans and designs submitted in connection with a final plat, amendment to a final plat, or correction plat; and Review and approve any subdivision exemption. Any delegation of authority made pursuant to the act does not include: The approval of any agreement for the expenditure of public funds; or The waiver or restriction of any appeal process provided by county resolution, ordinance, or regulation. Any delegation of authority made pursuant to the act must include procedures for public notice and the submission of written comments prior to the administrative approval or denial of a final plat or amendment to a final plat and for the appeal to a board of such administrative approval or denial. (Note: This summary applies to this bill as enacted.) Read More
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Living organ donors - discrimination prohibited - duty to make information available to the public. The act: Prohibits a person who offers life insurance, disability income insurance, health insurance, or long-term care insurance from discriminating against a person based solely on the person's status as a living organ donor; Requires the division of insurance (division) to provide information to the public on a living organ donor's access to insurance; and Requires the division and the department of public health and environment to make materials related to live organ donation available to the public if the materials are from a recognized organ donation organization.(Note: This summary applies to this bill as enacted.) Read More
Background checks - access to child abuse and neglect records - individuals who work with children - required fingerprint-based background checks. Current law specifies what entities and agencies have access to child abuse or neglect records and reports. The act adds to that list the department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include the care of children, treatment of children, supervision of children, or unsupervised contact with children. The act requires a fingerprint-based criminal history record check for the following: Child care center employees under 18 years of age; Out-of-state employees working at a child care center in a temporary capacity; and All owners, employees, volunteers, and adults residing in a family child care home.(Note: This summary applies to this bill as enacted.) Read More
State prisons - bed shortages - CSP II - input from prison population interim committee. Under current law, the Centennial south campus of the Centennial correctional facility (CSP II) is not available to house inmates. The act allows CSP II to be used to house inmates when the state male prison vacant bed rate, excluding RTP treatment beds, remains below one percent vacancy for 2 consecutive months. Once the prison population surpasses one percent vacancy, the department of corrections (department) shall transfer any inmates housed in CSP II to an appropriate facility under the department's control within 30 calendar days. No more than 126 inmates may be housed at CSP II. The department shall report the use of CSP II to the joint budget committee and the judiciary committees of the senate and the house of representatives, or any successor committees, within 5 calendar days after the use and will make monthly reports during its use. The act requires the department to consider input from the prison population management interim committee regarding: Strategies to safely reduce the prison population and reduce recidivism; and Prison use analysis. These provisions repeal September 1, 2020. (Note: This summary applies to this bill as enacted.) Read More
List of nondeveloped real property - submission to capital development committee - report to general assembly - property tax - modification to administration of existing property tax exemption - certain affordable housing developments. Not later than October 15, 2019, the act requires each state agency and state institution of higher education to submit to the capital development committee (committee) a list of all nondeveloped real property owned by or under the control of the agency or institution. The act defines "nondeveloped real property" to mean unimproved real property that is not otherwise protected for or dedicated to another use such as an access or a conservation easement. Not later than October 15 of each year thereafter, the act requires each agency or institution to submit to the committee any additions or deletions to the list identifying any nondeveloped real property the agency has acquired or disposed of during the preceding state fiscal year. The committee is required to include this information in an annual report published on the website of the general assembly. The division of housing within the department of local affairs (division) is required to provide a link to the report on the division's website. The act exempts the division of parks and wildlife in the department of natural resources from these requirements. On a page on the website maintained by the department of local affairs that is dedicated to the division, the act requires the division to provide a link to the annual report that includes information on nondeveloped real property owned by or under the control of each state agency or institution of higher education. Not later than once annually by December 31 of each year, the division is required to update this link. Under current law, certain property is exempt from the levy and collection of the real property tax if the property is owned by: A nonprofit corporation, the earnings of which do not inure to a private shareholder, and the property is irrevocably dedicated to charitable, religious, or hospital purposes; or A nonprofit corporation that is a general partner of a partnership formed for the purpose of creating or maintaining affordable housing. The statutory provisions that allow for the property tax exemption for a partnership satisfying the requirements of the exemption do not apply if, during a specified compliance period, the partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during the compliance period. If the property tax administrator (administrator) determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to revoke the property tax exemption for the residential property and to levy and collect property tax against the residential property, which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. For property tax years commencing on or after January 1, 2019, if the administrator determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. Under the act, the administrator is no longer required in such circumstances to levy and collect property taxes that otherwise would have been levied and collected. (Note: This summary applies to this bill as enacted.) Read More
Assisted living residence - referral agency - disclosures required - documentation - penalties. The act requires an individual or entity who, for a fee, refers a prospective resident to an assisted living residence to disclose any business relationships that the referring party has with the assisted living residence. The individual or entity must also disclose that the assisted living residence pays for the referral. The act requires written or electronic documentation of the disclosure to be provided to and maintained by the assisted living residence. The referring party is subject to a civil penalty for a violation. The attorney general or district attorney in the appropriate county is authorized to bring a civil action to seek a civil penalty or to enjoin the referring party from any further violation. (Note: This summary applies to this bill as enacted.) Read More
The bill requires the university of Colorado school of medicine (school) to provide scholarships to students who: Will complete clinical studies in a rural or frontier area in Colorado; Have demonstrated financial need; and Have committed in writing to living and serving as physicians in rural or frontier areas in Colorado that are also primary care health professional shortage areas for at least 4 years following the completion of their residency training. The bill requires the school to submit an annual written report to the education committees of the house of representatives and senate concerning the operation of the school's rural track during the preceding academic year. (Note: This summary applies to this bill as introduced.) Read More
Seed potato act - continuation under sunset law. The act continues the regulation of seed potato growers and implements the recommendations of the department of regulatory agencies' 2018 sunset review and report on the "Colorado Seed Potaato Act" by: Extending regulation of seed potato growers until 2028 (sections 1 and 7 of the act); Repealing an obsolete provision authorizing uncertified seed potatoes to be used before January 1, 2012 (section 2); Repealing the option to have an independent auditor perform the review of records required by the act (sections 3 and 4); Requiring the committee of area no. 2 to pay the fees that implement seed potato regulation (section 5); and Repealing the provision that limits the amount of a fine to $2,500 (section 6).(Note: This summary applies to this bill as enacted.) Read More
Seed potato act - advisory committee - continuation under sunset law. The act implements the following recommendations of the department of regulatory agencies' 2018 sunset review and report on the "Colorado Seed Potato Act" and the seed potato advisory committee by: Extending the committee indefinitely, subject to review under the act in 2028; Replacing a member of the committee who is an employee of the department of agriculture with a member who is a potato grower who does not grow seed potatoes, with a preference for a potato grower with an operation in the western slope region of the state, but only when commercial cultivation begins in the western slope region; Repealing a requirement that one member of the committee who represents the Colorado Certified Potato Growers Association be the association's sitting president; and Repealing a provision that sets and staggers the initial terms of the members of the committee.(Note: This summary applies to this bill as enacted.) Read More
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