Sen. Vicki Marble

Under current law, a primary caregiver may possess and administer medical marijuana in a nonsmokeable form to a student while the student is at school. The bill allows a school nurse or the school nurse's designee, who may or may not be an employee of the school, or school personnel designated by a parent to also possess and administer medical marijuana to a student at school. The bill provides a school nurse or the school nurse's designee or the school personnel designated by a parent protection from criminal prosecution if he or she possesses and administers medical marijuana to a student at school. The bill requires the medical marijuana storage container or plan for administration to contain clearly labeled dosing, timing, and delivery route instructions from one of the student's recommending physicians. One of the student's recommending physicians shall send any changes to the required dosage, timing, or delivery route to the school nurse and person administering the medical marijuana, if different. The school principal or his or her designee and the student's parent shall agree to a written plan for administering medical marijuana prior to the student starting school. The student's parent or primary caregiver shall deliver the student's medical marijuana to the person designated by the school as the person who secures the medical marijuana before the student starts school and as necessary to replenish the supply. The person who secures the medical marijuana shall place the medical marijuana in a locked storage container. The person who secures the medical marijuana shall return any unused medical marijuana to the student's parent or primary caregiver upon request. The student shall not handle the medical marijuana on the grounds of the school, school bus, or school-sponsored event. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires each municipality, on and after January 1, 2020, to provide independent indigent defense for each indigent defendant facing a possible jail sentence for a violation of a municipal ordinance. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee the provision of indigent defense counsel. To satisfy this requirement, a municipality may: Contract directly with defense attorneys to provide independent indigent defense; or Establish a local or regional independent indigent defense commission to appoint and supervise defense counsel. A municipality that contracts directly with defense attorneys to provide independent indigent defense shall ensure that oversight of such attorneys is provided by the office of alternate defense counsel, by a legal aid clinic at an accredited Colorado law school, or by a local or regional independent indigent defense commission. The bill requires the state public defender to appoint the members of any local or regional independent indigent defense commission. The bill sets forth an annual timeline by which a municipality may request and potentially receive the services of the office of alternate defense counsel to: Evaluate the provision of defense counsel to indigent defendants; or Provide defense counsel to indigent defendants at the expense of the municipality.(Note: This summary applies to this bill as introduced.) , Read More

The bill requires a person swearing an oath of office for a public office or position to do so by swearing by the everliving God. The bill also requires the person swearing the oath of office to do so with an uplifted hand. (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 (commission) for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners lack of consent. The bill clarifies that an order entered by the commission establishing a drilling unit may authorize more than one well. The order must specify that a nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling unit. Currently, a nonconsenting owner must pay the consenting owners from the nonconsenting owner's share of production 200% of the nonconsenting owner's proportionate share of the costs of drilling, including equipment. The bill limits this 200% cost recovery to wells 5,000 feet or less in depth and increases the cost recovery to 300% for wells greater than 5,000 feet in depth and for horizontal wells. Current law prohibits entry of a pooling order until the mineral rights owners have been given a reasonable offer to lease their rights. The bill specifies that the offer must be given at least 60 days before the hearing on the order and must include a copy of or link to a brochure supplied by the commission that clearly and concisely describes the pooling procedures and the mineral owner's options pursuant to those procedures. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates the defense counsel on first appearance grant program (program) in the division of local government (division) within the department of local affairs. The division shall award grants from the program to reimburse local governments, in part or in full, for costs associated with the provision of defense counsel to defendants at their first appearances in municipal courts. The program is repealed, effective September 1, 2023. Before such repeal, the department of regulatory agencies shall review the program. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Subject to rules of the marijuana enforcement division, the bill authorizes: Marijuana research and development licensees and marijuana research and development cultivation licensees (research licensees) to transfer unused marijuana within the regulated marijuana industry; and Research licensees to be co-located at the premises of a medical marijuana-infused products manufacturer or a retail marijuana products manufacturer. The general appropriations bill transferred $3 million from the marijuana tax cash fund to the health research subaccount of the medical marijuana program cash fund (subaccount). The bill strikes the limitation of the amount of transfers to the subaccount and extends the repeal of the medical marijuana program cash fund until September 1, 2023. The bill authorizes $100,000 to be spent annually from the subaccount for administrative purposes related to the medical marijuana research grant program. The bill appropriates $10,656 from the marijuana tax cash fund to the department of revenue to purchase legal services related to the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 1 of the bill includes the unprocessed seeds of industrial hemp in the definition of 'commodity' within the 'Commodity Handler Act', thus subjecting a person who acts as a commodity handler with respect to the unprocessed seeds of industrial hemp to the licensing requirements set forth in the 'Commodity Handler Act'. Section 2 includes industrial hemp in the definition of 'farm products' within the 'Farm Products Act', thus subjecting a person who acts as a farm products dealer, small-volume dealer, or agent to the licensing requirements set forth in the 'Farm Products Act'. Section 3 reiterates these licensing requirements within the act governing industrial hemp cultivation in Colorado. Section 4 authorizes the commissioner to set a fee schedule for industrial hemp cultivation registration.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Currently, if a person's motor vehicle has a remote starter system and adequate security measures, he or she may leave the motor vehicle unattended while the engine is running. The bill provides that a motor vehicle may be left unattended if either a remote starter system or adequate security measures are in place. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill allows a local district college (college), such as Aims community college, to offer a bachelor of science degree in nursing program as a completion degree in nursing to students who have or are pursuing an associate degree in nursing, provided that the college's board of trustees determines it is appropriate to address the needs of the communities within its service area, as approved by the Colorado commission on higher education based on existing criteria. (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