Sen. Dylan Roberts

Species conservation trust fund projects - appropriation - transfers. The act appropriates $3.9 million from the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that state or federal law list as threatened or endangered or that are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service, allocated as follows: Native terrestrial wildlife conservation, $615,500; Native aquatic wildlife conservation, $839,000; Platte river recovery implementation program, $1,940,000; Colorado river basin native fish recovery programs, $205,500; and Federal endangered species act litigation program, $300,000. On July 1, 2019, the act transfers $600,000 from the Colorado water conservation board construction fund to the species conservation trust fund. For the 2019-20 state fiscal year and each of the 4 subsequent state fiscal years, the act transfers $5,000,000 from the severance tax operational fund to the species conservation trust fund. (Note: This summary applies to this bill as enacted.) Read More

Proposal for a state option for health care coverage - creation - division of insurance - appropriation. The act requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session. The proposal must contain a detailed description of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the act. The proposal must also identify any necessary changes to state law to implement the proposal. In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session. The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee. For the 2018-19 state fiscal year, the act appropriates $75,000 from the general fund to the department of health care policy and financing for professional services, and $115,500 from the general fund to the department of regulatory agencies for the division of insurance for personal services. For the 2019-20 state fiscal year, the act appropriates $150,000 from the general fund to the department of health care policy and financing for professional services, and $231,000 from the general fund to the department of regulatory agencies for the division of insurance for personal services. (Note: This summary applies to this bill as enacted.) Read More

Alcohol beverage regulation - formation of entertainment districts. The act allows an entertainment district to be formed in an area located within a city and county or within an unincorporated area of a county and adds optional premises licensees to the list of licensed premises permitted to attach to an entertainment district.(Note: This summary applies to this bill as enacted.) Read More

Advance directives - health care providers - electronic advance health care directive system - appropriation. The act requires the department of public health and environment (department) to contract with one or more health information organization networks for the creation, administration, and maintenance of a statewide electronic system (system) that allows qualified providers to upload and access advance health care directives. The act defines an advance health care directive as a directive concerning medical orders for scope of treatment, a declaration as to medical treatment, a directive relating to cardiopulmonary resuscitation, or a medical durable power of attorney. The act also requires the department to promulgate rules to oversee the system. The act allows a qualified provider to upload an individual's advanced health care directive upon the request of the individual after the individual has consulted with the qualified provider in person or through telehealth. A qualified provider who uploads an advance health care directive to the system is not subject to criminal or civil liability. The act requires the individual whose medical treatment is the subject of the advance health care directive, or the authorized surrogate decision-maker, to sign an electronic affidavit, prior to uploading the advance health care directive to the system, attesting that the advance health care directive uploaded to the system is appropriately executed, current, and accurate. The act does not allow for any civil or criminal liability or regulatory sanctions for any emergency personnel, health care provider, health care facility, or any other person that complies with a legally executed advance medical directive that is accessed from the system. For the 2019-20 state fiscal year, the act appropriates $993,147 from the general fund to the department of public health and environment for personal services related to health statistics and vital records, operating expenses, and for the purchase of information technology services. (Note: This summary applies to this bill as enacted.) Read More

Psychotherapy services - treatment of a minor without parental consent - mental health education resource bank - appropriation. The act allows a minor 12 years of age or older to seek and obtain psychotherapy services with or without the consent of the minor's parent or guardian if the mental health professional determines the minor is knowingly and voluntarily seeking the psychotherapy services and the psychotherapy services are clinically necessary. A mental health professional providing psychotherapy services to a minor may, with the consent of the minor, advise the minor's parent or legal guardian of the psychotherapy services provided, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment. However, the mental health professional is permitted to notify the minor's parent or legal guardian without the minor's consent if, in the opinion of the mental health professional, the minor is unable to manage his or her care or treatment. The mental health professional is required to engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and document any attempt to contact the minor's parent or legal guardian. If a minor communicates a clear and imminent threat to commit suicide, the mental health professional is required to notify the minor's parent or legal guardian of the minor's suicidal ideation. The act requires the department of education, in consultation with the office of suicide prevention, the youth advisory council, and the suicide prevention commission, to create and maintain a mental health education literacy resource bank. The resource bank is available to the public free of charge. The act also requires the state board of education to adopt standards related to mental health, including suicide prevention. The act appropriates $116,550 from the general fund to the department of education for the mental health education resource bank and technical assistance. Specifies that certain provisions take effect only if House Bill 19-1172 becomes law. (Note: This summary applies to this bill as enacted.) Read More

Student loan servicers - license requirement - regulation by assistant attorney general - appropriation. The act requires an entity that services a student education loan owned by a Colorado resident to be licensed by the administrator of the "Uniform Consumer Credit Code". "Servicing" means receiving a scheduled periodic payment from a student loan borrower, applying the payments of principal and interest with respect to the amounts received from a student loan borrower, and similar administrative services. The act specifies particular acts that are required of or prohibited by student loan servicers and the administrator's powers and duties. Violation of the licensing law is a deceptive trade practice. The act also creates a student loan ombudsperson to provide timely assistance to student loan borrowers. $115,273 is appropriated to the department of law from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Current law allows a school district to include in its pupil enrollment students who were enrolled in a school that was designated as an early college before June 6, 2018, and who, after completing 4 years of high school, enroll for the 2018-19 or 2019-20 budget year in postsecondary courses. The bill extends this authority for one year to include students who enroll in postsecondary courses for the 2020-21 budget year. Under current law, the department of education (department) designates as ASCENT program participants qualified students who meet specified criteria. Beginning in the 2021-22 budget year, the bill directs the department to first designate from among the qualified students who meet the existing criteria each qualified student who meets additional criteria that indicate the student is likely to complete a high-demand postsecondary certificate or degree during the ASCENT program year. The concurrent enrollment advisory board must consult with several departments, the governing boards of state higher education institutions, and local education providers to develop guidelines for implementing the prioritization requirement. (Note: This summary applies to this bill as introduced.) Read More

Under existing law, upon request of the attorney general, a district attorney represents the department of revenue (department) in driver's license and identification card appeals. The bill requires the attorney general to represent the department in such appeals. The bill permits the attorney general to appear for an appeals hearing by telephone, video teleconference, or any other court authorized means of electronic participation.(Note: This summary applies to this bill as introduced.) Read More

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

Sex crimes - unlawful electronic sexual communication - minors. The act creates the crime of unlawful electronic sexual communication. The act prohibits a person from knowingly importuning, inviting, or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be 15 years of age or older but less than18 years of age and at least 4 years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to: Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message. A violation of this provision is a class 6 felony. The act prohibits a person from knowingly communicating over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be 15 years of age or older but less than 18 years of age and at least 4 years younger than the actor and, in that communication or in any subsequent communication, describes explicit sexual conduct and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person. A violation of this provision is a class 6 felony, but it is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact. The act require a person who commits unlawful electronic sexual communication to undergo sex offender treatment and register as a sex offender, and the defendant is subject to the sex offense against children procedures. (Note: This summary applies to this bill as enacted.) Read More