The bill requires the peace officers standards and training board (P.O.S.T. board), which certifies peace officers, to revoke the certification of a peace officer if: The P.O.S.T. board receives notification from a law enforcement agency that employs or employed the peace officer that the peace officer knowingly made an untruthful statement concerning a material fact or omitted a material fact on a criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation; and The law enforcement agency certifies that it completed an administrative process defined by a published policy of the law enforcement agency, and through that process, the law enforcement agency determined by a clear and convincing standard of the evidence that the officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or comparable administrative investigation. The bill allows a person whose P.O.S.T. certification is revoked to appeal the revocation in accordance with rules of the P.O.S.T. board. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill states that the general assembly intends that the department of corrections (department) shall close excess facilities, as prioritized by a 2013 prison utilization study, when prison population projections indicate excess capacity within correctional facilities. The bill states that on or before June 30, 2019, and thereafter, the department shall operate the Centennial south campus of the Centennial correctional facility to: Administer a diagnostic program; Administer a reentry program; Provide support and other services to the department; and Use the remaining capacity of the campus to house inmates, as appropriate. Current law prohibits the department from operating the Centennial south campus for the purpose of housing inmates in housing units. The bill removes this prohibition and appropriates money to make physical modifications at the Centennial south campus to comply with legal requirements for housing inmates. The bill renames the facility formerly referred to as the 'Denver reception and diagnostic center' as the 'Denver correctional facility' and requires the Denver correctional facility to administer a residential treatment program that provides mental health treatment services to inmates. The department shall also utilize the Denver correctional facility to house inmates with physical, cognitive, and medical conditions that require long-term treatment. The bill states that on and after July 1, 2019, subject to available appropriations, the Centennial north campus shall serve as a transportation unit for the department and as a support facility for the Centennial correctional facility. The bill requires the department to include certain information in its annual 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act' report to the committees of reference through 2023. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill creates a voluntary option for interested custodial parents who are experiencing a crisis whereby they may enter into an authorization agreement (agreement) with certified family caregiver (caregiver) to temporarily care for their child or children. Caregivers are considered mandatory reporters of child abuse and neglect by law and must receive the training provided to mandatory reporters. The agreement is not a termination of parental rights, nor is it considered abandonment of the child or children or placement in the custody of a county department of human or social services for the purposes of foster care. The agreement is valid for no longer than 6 months, with an option to renew the agreement, unless the parent or parents are deployed or called to active duty in the United States military, in which case the agreement is valid for the length of the deployment plus 30 days. The terms of each agreement are specific to the parents who are entering into the agreement. It grants the caregiver the right to perform certain parental functions as specifically outlined in the agreement, and the agreement may be revoked at any time by a custodial parent. A substitute care organization (organization), which must be a tax-exempt charitable or social welfare organization, shall assist both parties in the creation and implementation of an agreement. The state department of human services (department) shall license any organization that wishes to serve in this capacity prior to the date at which the organization begins providing services to families. The department shall promulgate rules for the licensing requirements for organizations, after working collaboratively to receive recommendations for such rules from interested and affected parties. The rules must include requirements for various fingerprint-based criminal history record checks and child abuse and neglect background checks on the state's TRAILS system. The organization shall ensure that adequate notice of a child's placement with a caregiver is given to both parents. The organization is responsible for conducting a fingerprint-based criminal history record check on each adult in the nonparent's household, as well as a child abuse and neglect background check on the state TRAILS system for both the parent and each adult in the caregiver's household. The organization is responsible for ensuring that the caregiver is fully trained in the rights, duties, and limitations regarding the care of a child pursuant to the agreement. Organizations are required to collect data on agreements, caregivers, and outcomes and report aggregate data to the department. The bill establishes a provision for a parent of a minor child to create a custodial power of attorney that grants to another person certain of the parent's rights and responsibilities regarding the care, physical custody, and control of the minor child. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a warranty of habitability (warranty) is implied into every rental agreement for a residential premises. The bill makes the following changes related to the warranty: Current law requires written notice before a landlord can be held liable for a breach of the warranty (breach). The bill expands the acceptable notice to also include electronic notice, defines electronic notice, and specifies the time within which the landlord is required to commence remedial action ( sections 3 and 4 of the bill). Jurisdiction to provide injunctive relief related to a breach is expanded to include a county court, including a small claims court ( sections 1, 2, and 6 ). The absence of mold is added to the basic requirements for a habitable residence ( section 5 ). As long as certain conditions are met, a tenant is authorized to deduct the cost of repair from subsequent rent ( section 6 ). The requirement that a tenant notify a local government before seeking an injunction is repealed ( section 7 ). The prohibition on retaliation for a tenant's alleging a breach is modified to specify damages and to eliminate presumptions ( section 8 ).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill authorizes the department of human services to retain money for its indirect costs, based on a federally approved cost allocation plan, from the older Coloradans cash fund and the nurse home visitor program fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill authorizes a supplemental payment of state-only money to qualified providers of durable medical equipment who experienced a decrease in reimbursement in the 2017-18 state fiscal year as a result of the implementation of the federal '21st Century Cures Act'. The bill directs the department of health care policy and financing (department) to distribute a supplemental payment to qualified providers, as defined in the bill, and includes provisions for determining the amount of each qualified provider's supplemental payment. The bill authorizes the medical services board to adopt rules as necessary. The bill appropriates general fund money to the department for the supplemental payment to qualified providers. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows a unit of local government to enact laws increasing the minimum wage within its jurisdiction. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill authorizes a school district, board of cooperative services, or charter school (local education provider) or group of local education providers to create local, student-centered pilot accountability systems (pilot accountability system) for measuring the performance of the public school systems operated by the participating local education providers. A pilot accountability system must be designed to assess student learning, professional culture, and resource allocation within a participating local education provider. The bill describes the minimum requirements for a pilot accountability system proposal, including the manner in which the participating local education providers will determine whether the pilot accountability system is successful. A local education provider that participates in a pilot accountability system must continue to comply with the accountability and accreditation statutes. A local education provider or group of local education providers may receive a grant to operate the pilot accountability system by submitting the proposal to the department of education (department), agreeing to allow the department to monitor implementation of the pilot accountability system, and agreeing to submit to the department its evaluations of the success of the pilot accountability system. Subject to available appropriations, the participating local education provider or group of local education providers will receive an annual grant so long as they comply with the monitoring and reporting requirements. For each year in which the department distributes a grant, the department must prepare a report of the implementation of the pilot accountability systems; submit it to the governor, the state board of education, and the education committees of the general assembly; and post it on the department website. The authorization for the pilot accountability system grants repeals in 5 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. The bill repeals part 5 of article 7 of title 18, Colorado Revised Statutes, concerning sexually explicit materials harmful to children to reflect a 1985 decision made by the Colorado supreme court that held that the entire part was unconstitutional. Sections 3, 4, and 5 of the bill make conforming amendments.(Note: This summary applies to this bill as introduced.) Read More
The bill makes it an unfair employment practice for an employer to seek wage or salary history information, including compensation and benefits, about an applicant for employment, unless the employer notifies the applicant of the wage or salary range for the current employment opening or the applicant agrees to discuss his or her wage or salary history. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More