Sen. Dylan Roberts

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The bill adds a new traffic offense of tandem DUI per se if a peace officer has evidence to believe that a driver had consumed alcohol or drugs, that the driver was substantially incapable of safely operating a vehicle, and that the driver had any measurable amount of a drug in his or her blood or oral fluid. The penalties for tandem DUI per se are the same as for DUI. The bill repeals the 5 nanogram THC threshold for the presumption that a driver is under the influence of marijuana. The bill makes conforming amendments. (Note: This summary applies to this bill as introduced.) Read More

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

Under existing law, a person is not permitted to prepare, offer to prepare, cause to be prepared, sell, or distribute any term paper, thesis, dissertation, or other written material for another person for compensation if he or she knows or should reasonably have known, that it is to be submitted by any other person for academic credit at a public or private college, university, or other institution of higher education, or to advertise the same. A court may issue an injunction to prevent these practices. The bill defines 'assignment' to include any specific written, recorded, pictorial, artistic, or other academic task; maintains the existing offenses related to preparing or selling assignments, or advertising the same; and prohibits a person from preparing, selling, or offering to sell a document or service that provides answers for, or completes on behalf of a student, an online exam that is administered pursuant to a course of study at any institution of higher education, or advertising the same. The bill authorizes the attorney general to bring a civil action against a person who commits a violation related to the sale of academic assignments or online exam answers, and creates a civil penalty of up to $750 for each violation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill provides local college districts with the authority to sell or lease district property. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Prior to the enactment of federal tax legislation in December 2017, spousal maintenance was capable of being classified as deductible by the payor spouse for federal income tax purposes and taxable income to the recipient spouse. As a result of the 2017 federal tax legislation, commencing in 2019, spousal maintenance is not deductible by the payor spouse and is not taxable income to the recipient spouse. The guideline advisory amount of maintenance in statute, and the definitions used for calculating gross income and adjusted gross income for maintenance and child support awards, reflects the anticipated tax consequences to the payor and recipient under prior law. The bill adjusts downward the advisory guideline calculation of the amount of maintenance in circumstances where the maintenance awarded is not deductible by the payor spouse and is not taxable income to the recipient spouse. The bill also amends the definitions of 'gross income' and 'adjusted gross income' to properly reflect the tax implications of maintenance obligations. In addition, the bill adjusts the definitions of 'gross income' and 'adjusted gross income' in calculating child support obligations to reflect the tax implications of maintenance obligations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Currently, there is a prosecution fellowship program that matches CU and DU law student graduates with rural district attorneys' offices. The fellowships last for one year. The bill extends the fellowships to 15 months. The bill appropriates $165,726 from the general fund to the department of higher education for use by the Colorado commission on higher education for the prosecution fellowship program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to conduct a study and to prepare and submit a report to certain committees of the general assembly concerning the costs, benefits, and feasibility of implementing a medicaid buy-in option, a public-private partnership option, or a community- or regionally based option for health care coverage. The report must contain a detailed analysis of the advantages and disadvantages of each option and must identify the most feasible option based on objectives and criteria described in the bill. In conducting the study, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, providers, and carriers. The bill includes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates a financial relief program, available from July 1, 2018, through December 31, 2019, to provide financial assistance to individuals and their families who reside in a county within one of the 3 most costly geographic insurance rating areas of the state and who spend more than 20% of their household income on individual health insurance premiums. The Colorado health benefit exchange (exchange) is to oversee the program, and counties may elect to administer the program in their counties. For any county that opts not to administer the program, the exchange is to administer the program in that county. Financial relief is available to individuals and families determined eligible based on the following: The individual or family enrolled in and paid premiums for a bronze, silver, or gold level individual health benefit plan purchased through the exchange; The individual or family has a household income of more than 400%, but not more than 500%, of the federal poverty line; The individual or family does not have access to a government-sponsored program, such as medicaid or medicare, or an affordable employer-sponsored plan; and The individual or family pays more than 20% of the household income on premiums for the plan. The exchange is to certify that an individual or family has enrolled in one of the specified health benefit plans, the premium amount of the plan, the household income of the individual or family, and that the individual or family does not have access to a government-sponsored program or employer-sponsored plan. The amount of financial relief is calculated based on the cost of the premium for the lowest-cost bronze health benefit plan available to the individual or family through the exchange, minus an amount equal to 20% of the individual's or family's household income. The general assembly is to appropriate not more than $6 million from the general fund to provide financial assistance to individuals who qualify under the program. A carrier offering individual health benefit plans on the exchange must permit an individual to purchase an individual health benefit plan on the exchange during a special enrollment period that begins June 1, 2018, and ends August 1, 2018, for plans effective through December 31, 2018. For the 2019 plan year, individuals are subject to the standard open enrollment period specified in law. The program repeals on September 1, 2020, unless congress enacts and the president signs legislation repealing the advance premium tax credit authorized under federal law, in which case the program repeals upon the date of the repeal of said tax credit. $6,000,000 is appropriated from the general fund to the department of health care policy and financing for use by the exchange, which is commonly referred to as 'Connect for Health Colorado', to implement the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Sunset Process - House Transportation and Energy Committee. The bill implements the recommendations of the department of regulatory agencies in its sunset review of the certification of conservation easement holders by: Continuing the certification of conservation easement holders by the conservation easement oversight commission (commission) for 7 years until 2025 (Recommendation 1); and Authorizing the director of the division of real estate (director), in consultation with the commission, to share conservation easement information with a third-party vendor to develop a registry of conservation easements in the state for which conservation easement holders have received tax credits (Recommendation 4) and to annually report on the information as part of its 'State Measurement for Accountable, Responsive, and Transparent (SMART) Act' presentation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More