August 15, 2018

Bill Signing Ceremonies Held for Rural Broadband Deployment Bill, Rural Economic Advancement, More

On Friday, May 25, 2018, Governor Hickenlooper signed five bills into law. To date, he has signed 256 bills and sent two to the Secretary of State without a signature. The bills signed Friday are summarized here.

  • SB 18-002 – “Concerning the Financing of Broadband Deployment,” by Sens. Don Coram & Jerry Sonnenberg and Reps. KC Becker & Crisanta Duran. The bill updates definitions related to rural broadband networks, and requires the public utilities commission, in 2019, to allocate 60% of the total amount of high cost support mechanism (HCSM) money that the nonrural incumbent local exchange carrier would receive to the HCSM account dedicated to broadband deployment, and to allocate an additional 10% of the total money that the nonrural incumbent local exchange carrier would receive in each subsequent year until, in 2023, all of the money that the nonrural incumbent local exchange carrier would receive is allocated to the HCSM account dedicated to broadband deployment.
  • SB 18-005 – “Concerning Economic Assistance for Rural Communities Experiencing Certain Significant Economic Events that Lead to Substantial Job Loss in those Communities, and, in Connection Therewith, Authorizing the Department of Local Affairs to Coordinate Nonmonetary Assistance to Assist Rural Communities with Job Creation or Retention,” by Sens. Kerry Donovan & Ray Scott and Rep. Dylan Roberts. The bill authorizes the executive director of the Department of Local Affairs or the executive director’s designee to coordinate the provision of nonmonetary resources to assist with job retention or creation in a rural community experiencing a significant economic event, such as a plant closure or layoffs, including industry-wide layoffs, that has a significant, quantifiable impact on jobs within that community.
  • SB 18-167 – “Concerning Increased Enforcement of Requirements Related to the Location of Underground Facilities, and, in Connection Therewith, Making an Appropriation,” by Sens. Ray Scott & Kerry Donovan and Reps. Faith Winter & Lori Saine. The bill creates the underground damage prevention safety commission as an independent agency within the department of labor and employment. The commission has rule-making and enforcement authority regarding specified portions of the excavation damage prevention law and is required to enter into a memorandum of understanding with the notification association to facilitate implementation and administration of the law. The notification association is required to provide administrative support to the commission in performing its duties.
  • HB 18-1002 – “Concerning Teaching Fellowship Programs to Assist Rural School Districts in Hiring High-quality Teachers, and, in Connection Therewith, Creating the ‘Rural Colorado Grow Your Own Educator Act’ and Making an Appropriation,” by Reps. Millie Hamner & Bob Ranken and Sens. Nancy Todd & Don Coram. The bill directs the Department of Education to identify geographic areas within the state and specific subjects for which there is a teacher shortage. Under the bill, a rural school district, rural charter school, or rural board of cooperative services and a public or private institution of higher education may enter into an agreement to provide a teaching fellowship program for students enrolled in the fourth year of the approved educator preparation program.
  • HB 18-1366 – “Concerning a Local College District’s Authority to Manage District Property,” by Rep. Dylan Roberts and Sen. Kerry Donovan. The bill provides local college districts with the authority to sell or lease district property.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills Signed Changing Definition of “Similar Coverage” for Workers’ Compensation Coverage of Certain Commercial Vehicle Operators and More

On Friday, May 4, 2018, Governor Hickenlooper signed 12 bills into law. To date, he has signed 223 bills and sent two to the Secretary of State without a signature. The bills signed Friday include a bill changing procedures for recalls of directors of special districts, a bill changing the definition of “similar coverage” for workers’ compensation purposes for certain operators of commercial vehicles, and more. The bills signed Friday are summarized here.

  • SB 18-076 – “Concerning a Ban on Vote Trading,” by Sen. Kevin Lundberg and Rep. Jovan Melton. The bill makes it a misdemeanor criminal offense for a person to trade a vote or offer to trade a vote with another elector in this state or a person in another state in exchange for the other person’s vote for or against a particular candidate, ballot issue, or ballot question.
  • SB 18-143 – “Concerning Measures to Increase Revenue for the Parks and Wildlife Division, and, in Connection Therewith, Setting Certain Hunting, Fishing, Parks, and Recreation Fees,” by Sens. Steven Fenberg & Don Coram and Reps. Jeni James Arndt & James Wilson. The bill makes several changes to the statutes in the “Hunting, Fishing, and Parks for Future Generations Act.”
  • SB 18-178 – “Concerning the Definition of Similar Coverage for Workers’ Compensation for Certain Operators of Commercial Vehicles,” by Sen. Jim Smallwood and Rep. Tracy Kraft-Tharp. Current law requires independent operators of commercial vehicles to have workers’ compensation or a private insurance policy that provides similar coverage. The bill changes ‘private insurance policy’ to ‘occupational accident coverage insurance policy’ and specifies the requirements for when such a policy may be considered as providing similar coverage.
  • SB 18-207 – “Concerning Authority for the Department of Human Services to Retain Amounts from Certain Cash Funds for its Indirect Costs,” by Sen. Dominick Moreno and Rep. Bob Rankin. 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.
  • HB 18-1040 – “Concerning Incentives for Provision of Sex Offender Services in the Department of Corrections,” by Rep. Adrienne Benavidez and Sen. Rhonda Fields. The bill requires the department of corrections to monitor the number of inmates who need sex offender treatment or services and the number who are not receiving such treatment or services, develop an incentive plan to contract for more mental health professionals to provide sex offender treatment or services in difficult-to-serve geographic areas, and report to the joint budget committee the number of inmates needing treatment or services, the number not receiving the treatment or services, and the impact of the incentive plan.
  • HB 18-1235 – “Concerning the Continuation of the Regulation of Custom Meat Processors, and, in Connection Therewith, Implementing the Recommendations of the 2017 Sunset Report of the Department of Regulatory Agencies,” by Reps. Chris Hansen & Hugh McKean and Sen. Ray Scott. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review and report on the ‘Custom Processing of Meat Animals Act.’
  • HB 18-1240 – “Concerning the Continuation of a Grant Program to Prevent Motor Vehicle Theft, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies,” by Reps. Jeff Bridges & Jon Becker and Sen. John Cooke. The bill continues the automobile theft prevention authority and the automobile theft prevention board until 2029.
  • HB 18-1265 – “Concerning the Continuation of the Stroke Advisory Board in Accordance with the Recommendation in the Department of Regulatory Agencies’ 2017 Sunset Report,” by Reps. Susan Lontine & Susan Beckman and Sen. Larry Crowder. The Bill implements the recommendation in the department of regulatory agencies’ sunset review of the stroke advisory board by continuing the board but imposes a 10-year sunset period rather than continuing the board indefinitely, as was recommended.
  • HB 18-1268 – “Concerning the Procedures to Recall a Director of a Special District,” by Rep. Matt Gray and Sen. Bob Gardner. The bill requires the court as defined for the special district to appoint a designated election official to oversee the recall election. The director and the director’s spouse or civil union partner cannot serve as the DEO. The bill requires that recall petitions must be approved as to form by the DEO before being circulated.
  • HB 18-1305 – “Concerning a Voluntary Contribution Designation Benefiting the Young Americans Center for Financial Education Fund that Appears on the State Individual Tax Return Forms,” by Reps. James Coleman & Patrick Neville and Sen. Tim Neville. The bill creates the Young Americans Center for Financial Education fund in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form for the 5 income tax years following the year that the executive director of the Department of Revenue certifies to the revisor of statutes that there is space on the form and the fund is next in the queue.
  • HB 18-1329 – “Concerning a Supplemental State Payment 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,’ and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sen. Dominick Moreno. 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.’
  • HB 18-1338 – “Concerning Transfers to Address the Reduction of Revenues in the Severance Tax Operational Fund,” by Rep. Bob Rankin and Sen. Kent Lambert. Under current law, money is transferred from the severance tax operational fund to certain cash funds to benefit programs that are commonly referred to as the tier 2 programs. On June 30, 2018, the bill requires the state treasurer to transfer money to the operational fund from specified cash funds to recoup money that was previously transferred in this fiscal year for tier 2 programs.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills Signed Regarding Continuation of Family Medical Benefits After Death of State Worker, Creating a Crime of Cruelty to Police Horse, and More

On Wednesday, March 7, 2018, the governor signed 10 bills into law. To date, he has signed 40 bills this legislative session. The bills signed Wednesday included a bill to continue family medical benefits after the death of a state employee, a bill adding free-standing emergency rooms to Colorado’s safe haven laws, a bill creating the crime of cruelty to a working police horse, a bill removing the 30-day waiting period for importation of alcoholic beverages, and more. The bills signed Wednesday are summarized here.

  • HB 18-1010 – “Concerning Youth Committed to the Department of Human Services, and, in Connection Therewith, Requiring the Department to Report Certain Data and Adding Members to the Youth Restraint and Seclusion Working Group,” by Reps. Pete Lee & James Wilson and Sen. Don Coram. The bill requires the Department of Human Services to annually collect recidivism data and calculate the recidivism rates and educational outcomes for juveniles committed to the custody of the department who complete their parole sentences and discharge from department supervision.
  • HB 18-1024 – “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of Racing from Title 12, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12,” by Rep. Pete Lee and Sen. Daniel Kagan. The bill creates Title 44 and moves statutes related to the regulation of racing from title 12 to the new title.
  • HB 18-1026 – “Concerning the Nonsubstantive Relocation of the Law Creating the Liquor Enforcement Division and State Licensing Authority Cash Fund from Title 24, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12,” by Rep. Leslie Herod and Sens. John Cooke & Bob Gardner. The bill creates Title 44 and moves statutes creating the liquor enforcement division and state licensing authority cash fund from title 24 to the new title.
  • HB 18-1041– “Concerning Adding Certified Police Working Horses to the Crime of Cruelty to a Service Animal or a Certified Police Working Dog,” by Rep. Marc Catlin and Sen. Don Coram. The bill adds a definition for “certified police working horse” to statute and adds certified police working horses to the crime of cruelty to a service animal or a certified police working dog.
  • HB 18-1048 – “Concerning the Expenditure of Money from the Hesperus Account by the Board of Trustees of Fort Lewis College,” by Rep. Barbara McLaughlin and Sen. Don Coram. The bill eliminates the requirement that spending from the Fort Lewis College Hesperus account is subject to an appropriation by the general assembly.
  • HB 18-1105 – “Concerning the Unlicensed Sale of Vehicles,” by Reps. Larry Liston & Jovan Melton and Sen. Jack Tate. The bill clarifies that money received as fines for certain violations may be deposited in the auto dealers license fund.
  • SB 18-025 – “Concerning Modernization of Election Procedures for the Urban Drainage and Flood Control District to Conform with the Current Requirements of State Law,” by Sen. Kevin Priola and Rep. James Coleman. The bill makes several changes to statutory provisions related to flood control district elections.
  • SB 18-050 – “Concerning Including Staff of Free-standing Emergency Facilities as Part of Colorado’s Safe Haven Laws,” by Sen. Jim Smallwood and Reps. James Coleman & Marc Catlin. The bill expands Colorado’s safe haven laws to include staff members of community clinic emergency centers as persons allowed to take temporary physical custody of infants 72 hours old or younger when the infant is voluntarily surrendered by its parent or parents.
  • SB 18-124 – “Concerning the Removal of the Thirty-day Waiting Period Related to the Sale of Imported Alcohol Beverages,” by Sen. Owen Hill and Rep. Dan Pabon. Current law requires a manufacturer or importer of imported alcohol beverages to file a statement and notice of intent to import with the state licensing authority at least 30 days before the import or sale of the imported alcohol beverages. The bill removes the 30-day waiting period requirement.
  • SB 18-148 – “Concerning the Continuation of Certain Benefits Through the ‘State Employee Group Benefits Act’ for Dependents of a State Employee who Dies in a Work-related Death,” by Sens. Beth Martinez Humenik & Dominick Moreno and Reps. Polly Lawrence & Tony Exum. The bill specifies that dependents of an employee who dies in a work-related death are automatically qualified for the continuation of dental or medical benefits through the act for 12 months from the end of the month in which the work-related death occurred, so long as the dependents had dental or medical benefits pursuant to the act at the time of the employee’s work-related death.

For all of the governor’s 2018 legislative actions, click here.

First Bill of 2018 Legislative Session Signed on Thursday

On Thursday, January 18, 2018, the governor signed into law the first bill of the 2018 Legislative Session. SB 18-027, “Concerning the Enactment of the ‘Enhanced Nurse Licensure Compact’, and, in Connection Therewith, Making an Appropriation,” sponsored by Sens. Nancy Todd & Jim Smallwood and Reps. Hugh McKean & Tracy Kraft-Tharp, makes several changes to the former “Nurse Licensure Compact.” These changes include providing authority to each party state licensing board to obtain and submit criminal background checks for multistate nurse licensure candidates; allowing the Interstate Commission of Nurse Licensure Compact Administrators to adopt rules related to the compact; and specifying the procedure for states to enter, withdraw from, or amend the compact. The full text of the bill is available here.

SB 14-153: Authorizing Per Diem Payments and Expense Reimbursement for General Assembly Members Who Serve on State Entities

On March 7, 2014, Sen. Rollie Heath and Rep. Brian DelGrosso introduced SB 14-153 – Concerning Compensation of Members of the General Assembly Appointed to and Serving on State Entities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes uniform payments of per diem and the reimbursement of expenses to current members of the general assembly who are appointed to serve on state entities created or authorized by statute on which members of the general assembly are statutorily required to be appointed to serve. When the general assembly is in session and legislative member s attend meetings of a state entity to which they are appointed, legislative members will only receive the per diem lodging and expense allowances and travel expenses that they receive as legislative members. When the general assembly is not in session or is in recess for more than three days and legislative members attend meetings of a state entity to which they are appointed, legislative members will receive the same per diem and travel and subsistence expenses received by legislative members for necessary attendance at meetings or functions or to legislative matters during the legislative recess or interim.

The bill is assigned to the State, Veterans, & Military Affairs Committee.