Colorado K-5 social and emotional heath act - pilot program - appropriation. The act creates the "Colorado K-5 Social and Emotional Health Act" (health act). Subject to available appropriations, the health act requires the department of education (department) to select up to 10 pilot schools (pilot school) to participate in a pilot program that ensures that a school mental health professional, as defined in the health act, is dedicated to each of grades kindergarten through fifth grade, with a ratio of mental health professionals to students of approximately one per 250 students. To the extent possible, the school mental health professional shall follow the same students through each grade. The general assembly shall appropriate the resources necessary for the pilot school to hire or contract with the additional school mental health professionals. The department shall select pilot schools that meet the characteristics outlined in the health act, including high poverty, ethnic diversity, and a large concentration of students in the foster care system. Among other responsibilities consistent with the mental health professional's license, the school mental health professional shall provide needed services to students and their families in the pilot school, including providing services and supports to students with learning disabilities, identifying food insecurities, providing resources to develop and improve the social and emotional health of students, and helping eligible students and their families access public benefits. Services must be provided at school and during school hours, as appropriate. The health act requires the department to employ or contract with a pilot program coordinator to oversee the implementation of the pilot program across the pilot schools. The pilot program begins operation during the 2020-21 school year and repeals in July 2023. The department shall contract with a professional program evaluator (evaluator) to conduct a preliminary evaluation in 2022 and a final evaluation before the repeal of the pilot program. The evaluator shall establish the method for the collection and monitoring of the pilot schools' data throughout the pilot program. The evaluator shall evaluate the effectiveness of services provided by the pilot program on the academic, mental, and physical health and well-being of the student cohorts within the scope of the pilot program. The health act authorizes the use of marijuana tax cash fund money and gifts, grants, or donations to fund the pilot program. For the 2019-20 state fiscal year, the act appropriates $43,114 and 0.4 FTE from the marijuana tax cash fund to the department of education to implement the health act. (Note: This summary applies to this bill as enacted.) Read More
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Minor victims of human trafficking - immunity - affirmative defense report - post-enactment review. The act clarifies definitions in the "Colorado Children's Code" concerning victims of human trafficking of a minor for involuntary servitude and for sexual servitude. The act creates immunity for a violation of a prostitution-related offense if probable cause exists to believe that a minor was a victim of either human trafficking of a minor for involuntary servitude or for sexual servitude. The act establishes an affirmative defense for all criminal violations, except class 1 felonies, if a minor proves that he or she was: A victim of human trafficking of a minor for involuntary servitude or sexual servitude; and Forced or coerced into engaging in the criminal acts. The act also requires that, if a law enforcement officer encounters a minor and there is probable cause to believe that the minor was a victim of human trafficking of a minor for sexual servitude, the officer shall report the suspected violation to the county department of human or social services or the child abuse hotline. The act requires the legislative services agencies of the general assembly to conduct a review of the implementation of the act 5 years after May 6, 2019. (Note: This summary applies to this bill as enacted.) Read More
Health care - required head trauma guidelines for organized school athletic activities - physical therapists may authorize youth athletes' return to play. Current law states that if a youth athlete is removed from play because a coach suspects the youth athlete has sustained a concussion in a game, competition, or practice, the coach or other designated personnel shall not permit the youth athlete to return to play or participate in any supervised team activities involving physical exertion until the youth athlete is evaluated by a health care provider and receives written clearance to return to play from the health care provider. The act adds licensed physical therapists with training in pediatric neurology or concussion evaluation and management to the definition of "health care provider" for this purpose.(Note: This summary applies to this bill as enacted.) Read More
The bill refers a ballot issue to the voters at the November 2019 statewide election for the following tax increases: To increase the cigarette tax by 8.75 cents per cigarette; To increase the tobacco products tax by 22% of the manufacturer's list price; and To create a tax on nicotine products that is equal to 62% of the manufacturer's list price, which is the same total tax as the tax levied on tobacco products with the increase. If voters approve the tax, then the state will have the authority to impose these taxes and retain and spend the revenue as a voter-approved revenue change, and the remainder of the bill takes effect upon approval. The new nicotine products tax is modeled after the tobacco products tax. Nicotine products are products that contain nicotine and that are ingested into the body, which at this time is typically through vaping with an electronic cigarette. The excise tax is levied on the sale, use, consumption, handling, or distribution of all nicotine products in the state, and it is imposed on a distributor at the time the product is brought into the state, made here, or shipped or transported to retailers in the state. If a distributor fails to pay the tax, then any person or entity in possession of the nicotine products is liable for the tax. To be a distributor of nicotine products, a person must have a license. The license costs $10 per year and requires that the distributor must have a tax license and comply with all of the laws relating to the collection of the tax. Distributors are required to file quarterly returns, and the department of revenue (department) may require electronic fund transfers of the taxes paid. Licensees are required to maintain certain records, and retailers are likewise required to maintain records about nicotine products it purchases from a licensed distributor. The department may share the names and addresses of persons who purchased nicotine products for resale with the department of public health and environment and county and district public health agencies. To account for the increased taxes per cigarette, the discount percentage on cigarette stamps that a cigarette wholesaler may retain for its collection costs is reduced from 4% to .4% and the similar discount for a tobacco products distributor is reduced from 3.33% to 1.6%. A nicotine products distributor will be permitted to retain 1.1% of the taxes collected. In general, 50% of the revenue from the new nicotine products tax and the additional cigarette and tobacco products taxes (new tax revenue) is allocated for purposes related to health care, and 50% is allocated for preschool programs and expanded learning opportunities. Specifically, the new tax revenue is deposited in the old age pension fund and then credited to the general fund in accordance with the state constitution. The state treasurer is then required to transfer 50% of the new tax revenue from the general fund to the behavioral health and health care affordability and accessibility cash fund (behavioral health fund). The state treasurer is further required to transfer money in the behavioral health fund as follows: 19%, up to $30 million, to the tobacco education programs fund, which is primarily used for tobacco education, prevention, and cessation programs, which are expanded to include nicotine products; and 9.5%, up to $15 million, to offset the decreased revenue from the existing taxes that may result from the voter-approved rate increases, and of this amount, 73% is further allocated to the tobacco tax cash fund and 27% to the general fund. For fiscal years that begin prior to July 1, 2023, the general assembly is required to appropriate the remainder of the money in the behavioral health fund as follows: 66% to make health care more affordable and accessible; and 34% to improve the provision of behavioral health services for children and youth. Thereafter, the specific allocation no longer applies and the only limitation on appropriating for these 2 purposes is that each purpose must receive at least 20% of the fund remainder. The state treasurer is required to transfer the other 50% of the new tax revenue to the newly created preschool programs cash fund, from which money is appropriated to the department of education to improve the availability, affordability, and quality of voluntary early childhood education, and to the Colorado expanded learning opportunities cash fund, from which money is used for the Colorado expanded learning opportunities program. The allocation of the new tax revenue between the 2 funds is as follows: For the 2019-20 and 2020-21 fiscal years, 35% to the preschool programs cash fund and 15% to the Colorado expanded learning opportunities cash fund; For the 2021-22 fiscal year, 30% to the preschool programs cash fund and 20% to the Colorado expanded learning opportunities cash fund; and For the 2022-23 fiscal year and each fiscal year thereafter, 27.5% to the preschool programs cash fund and 22.5% to the Colorado expanded learning opportunities cash fund. The state auditor is required to annually conduct a financial audit of the use of the new tax revenue. The bill also creates the Colorado expanded learning opportunities program, which is established to allow eligible students to participate in out-of-school learning experiences. The Colorado expanded learning opportunities agency, which is an independent agency in the department of education, through an administering nonprofit, pays providers for eligible students to participate in such experiences. (Note: This summary applies to this bill as introduced.) Read More
Court facility dog - requirements - jury instruction. The act allows a court, upon motion of a party or upon its own motion, to allow a witness to testify during criminal proceedings while a court facility dog is in the courtroom if certain conditions are satisfied. The act requires a court facility dog to have graduated from training in providing support to witnesses testifying during proceedings without causing a distraction during proceedings. The training must be provided by a properly accredited organization. The act allows the court discretion to instruct the jury, if a jury instruction is requested by a party who objected to the presence of the court facility dog or upon agreement of the parties, on the role of the court facility dog so that the presence of the court facility dog does not improperly influence the jury. The act clarifies that nothing in the act precludes or interferes with the rights of a qualified individual with a disability who is accompanied by a service animal pursuant to state or federal law. (Note: This summary applies to this bill as enacted.) Read More
The bill: Sets the reimbursement rate that a health insurance carrier must pay a health care facility if a covered person is treated for emergency services; Requires in-network health care facilities and health care providers to make disclosures to patients covered by a health benefit plan concerning the provision of services by an out-of-network provider; Outlines the claims and payment process, including reimbursement rates for the provision of out-of-network services for health care facilities and health care providers; and Authorizes arbitration for the payment of health care claims that are in dispute if certain criteria are met. The commissioner of insurance is required to submit a report annually to the general assembly concerning unanticipated out-of-network services. (Note: This summary applies to this bill as introduced.) Read More
Peace officer-involved shooting or fatal use of force - law enforcement agency policies. Law enforcement agencies must develop policies to support officers involved in a shooting or fatal use of force. The policies must address pre-incident training and preparation, support for the officer at the scene of the incident, post-incident support and services, guidelines for temporary leave or duty reassignment, and guidelines for return to duty. The policies must be completed by January 1, 2020. Law enforcement agencies are required to review the policies on a biennial basis.(Note: This summary applies to this bill as enacted.) Read More
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Statute of limitations - failure to report child sexual abuse - 3 years. The act makes the statute of limitations 3 years for failure to report child abuse when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior.(Note: This summary applies to this bill as enacted.) Read More