October 15, 2018

Colorado Court of Appeals: Court Need Not Make Findings Regarding Whether Restitution Would Cause “Serious Hardship or Injustice” to Juvenile

The Colorado Court of Appeals issued its opinion in People in Interest of A.V. on Thursday, September 20, 2018.

Juvenile Delinquency—Sentencing—Restitution—Waiver—Evidence—Reasonableness.

A.V. was arrested in connection with a series of home and business burglaries. The victim businesses included Animal Attractions Pet Store (Animal Attractions) and the Country Inn Restaurant (Country Inn). Country Inn sustained extensive fire damage in the burglary, and the fire destroyed most of the business. As part of a global case disposition, A.V. pleaded guilty to some counts in exchange for dismissal of other counts, stipulating to a factual basis and agreeing to pay restitution to all victims, including those in the dismissed cases. The juvenile court ordered restitution of $1,000 to Country Inn’s owner for the deductible and $681,600 to Country Inn’s insurer for the repair work. The juvenile court further found that the loss amounts submitted by Animal Attractions and its insurer in the victim impact statements sufficiently established the victims’ losses to order restitution in the amount requested.

On appeal, A.V. contended that no facts exist to show that he caused the Country Inn fire and that the prosecution failed to meet its burden of proving proximate cause for these claimed losses. Here, A.V. waived his challenge to proximate cause by (1) stipulating to a factual basis in the plea agreement and at the providency hearing; (2) stipulating to pay restitution to the victims of the dismissed counts (in this case the arson count) in the plea agreement; (3) agreeing with the prosecutor before the restitution hearing that A.V.’s stipulated factual bases in all cases included a stipulation to causation; and (4) asking the court to order $470,874.47 for losses related to the dismissed arson count.

A.V. next contended that the juvenile court erroneously ordered him to pay the estimated repair costs to Country Inn’s insurer, rather than actual costs incurred to date. Here, the prosecution presented competent evidence of the estimated expenses, which A.V. did not rebut. Therefore, the juvenile court did not err.

A.V. also contended that the invoices submitted with Animal Attractions’ victim impact statement were insufficient to establish restitution and that the prosecution was required to present witness testimony to satisfy its burden. The restitution statute does not require the prosecution to present evidence in the form of testimony. Here, because the documents support the court’s order and A.V. offered no rebuttal evidence, the juvenile court’s order was not an abuse of discretion.

A.V. last contended that the juvenile court was required to make specific reasonableness findings before ordering restitution and that $692,806.20 was not a reasonable amount of restitution to be awarded against an incarcerated juvenile. However, the statute’s plain language mandates that the juvenile court order full restitution for the victims’ losses, and the juvenile court is not required to make specific reasonableness findings before imposing restitution.

The restitution orders were affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Exclusionary Rule Correctly Applied to Suppress Results of Illegal Collection of Juvenile’s DNA

The Colorado Supreme Court issued its opinion in Casillas v. People on Monday, September 24, 2018.

Evidence—Searches and Seizures—Exclusionary Rule.

In this criminal appeal, the supreme court reviewed whether the exclusionary rule required the suppression of evidence derived from a juvenile probation officer’s unauthorized collection of DNA from a juvenile in violation of C.R.S. § 19-2-925.6 and the Fourth Amendment. The court held that (1) juvenile probation officers are properly considered adjuncts to law enforcement; (2) the officer’s collection of the juvenile’s DNA for uploading to CODIS served an inherent law enforcement function; (3) nothing in the record suggests the officer conducted the buccal swab search in reliance on misinformation provided by a third party; and (4) the unlawful search here was not based on a reasonable misinterpretation of the law. Because suppression would have a deterrent effect by removing incentives to collect DNA from ineligible juvenile offenders, the court held that suppression was warranted. Accordingly, the court reversed the court of appeals’ judgment and remanded the case with instructions to vacate petitioner’s conviction.

Summary provided courtesy of Colorado Lawyer.

Colorado Rules for Magistrates and Colorado Appellate Rules Amended

On Tuesday, September 11, 2018, the Colorado State Judicial Branch announced Rule Changes 2018(13) and 2018(14), amending the Colorado Rules for Magistrates and the Colorado Appellate Rules, respectively.

Rule Change 2018(13) amends C.R.M. 6, “Functions of District Court Magistrates,” to update references to the Colorado Rules of Probate Procedure in subparagraph (e)(1)(A). Rule Change 2018(14) amends C.A.R. 3.4, “Appeals from Proceedings in Dependency or Neglect,” to update a cross-reference to C.A.R. 53(h) in subparagraph (l).

For the redlines and clean copies of Rule Change 2018(13) and Rule Change 2018(14), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Colorado Court of Appeals: Consecutive Sentence Lawful Beyond Life with Possibility of Parole After 40 Years for Juvenile Offender

The Colorado Court of Appeals issued its opinion in People v. Davis on Thursday, August 8, 2018.

Criminal LawJuvenileMotion to SuppressWaiverRight to TestifySentencingEighth Amendment.

When Davis was 17 years old, he and McGrath robbed the victim, McGrath’s former coworker. The victim was transporting money to a bank from the restaurant at which he and McGrath had worked. In the course of the robbery, the victim was shot and killed. Davis was convicted of first degree murder after deliberation, felony murder, aggravated robbery, aggravated motor vehicle theft, conspiracy to commit first degree murder, and conspiracy to commit aggravated robbery. As required by statute, the trial court sentenced him to life in the custody of the Department of Corrections with the possibility of parole after 40 years (LWPP-40) on the murder after deliberation count. Additionally, the trial court imposed a consecutive sentence of eight years and one day on the aggravated robbery count. The sentences imposed for the remaining counts were ordered to run concurrently with the sentences to life plus eight years and a day. The felony murder conviction was merged with the conviction for murder after deliberation. Davis filed two Crim. P. 35(c) motions, which the district court denied in a series of orders.

On appeal, Davis contended that the trial court violated his constitutional rights when it denied his motion to suppress statements he made during police interrogation, arguing that the Denver detective violated his right to counsel by continuing an interrogation after he asked for an attorney. Davis’ statements were admissible because although Davis had previously asked for an attorney, he had voluntarily reinitiated the interrogation by asking the Denver detective whether McGrath had been arrested. Even assuming that the trial court erred in denying the motion, any error was harmless beyond a reasonable doubt in light of the relative insignificance of the statements to the People’s case and the substantial evidence of guilt.

Davis also argued that reversal is required because he never executed an on-the-record waiver of his right to testify. Where the trial court’s on-the-record advisement includes the five essential elements set forth in People v. Curtis, 681 P.2d 504, 514 (Colo. 1984), as occurred here, the record conclusively demonstrates that defendant made a valid waiver of the right to testify. Further, Davis did not present any evidence to show that despite the Curtis advisement, his waiver was nonetheless invalid. Thus, the district court did not err in concluding that Davis knowingly, voluntarily, and intelligently waived his right to testify.

Davis next contended that his sentence of LWPP-40 together with a sentence of eight years plus one day is unconstitutional. LWPP-40 is a constitutional sentence, and the trial court did not abuse its discretion in sentencing Davis to eight years and one day to run consecutively to his LWPP-40 sentence. Further, Colorado’s parole system provides juveniles sentenced to LWPP-40 a meaningful and realistic opportunity for release based on demonstrated maturity and rehabilitation.

The orders were affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: When Child Adjudicated Dependent and Neglected, Separate Court Loses Jurisdiction Over Parentage Proceeding

The Colorado Court of Appeals issued its opinion in People in Interest of D.C.C. on Thursday, July 12, 2018.

Dependency and Neglect—Uniform Parentage Act—Exclusive, Continuing Jurisdiction.

The Weld County Department of Human Services (Department) filed a petition in dependency or neglect and for a determination of paternity. The petition named A.M.G. as the father of the child and advised him that paternity might be determined in the action pursuant to the Uniform Parentage Act (UPA). No one disputed paternity. Before the filing of the dependency and neglect proceeding, stepmother had filed a motion for allocation of parental responsibilities in a domestic relations court. The domestic relations court ordered father to complete genetic testing in this case, but he didn’t get tested before the dependency and neglect case. The domestic relations court then certified the issues of legal custody and parental rights and responsibilities to the dependency and neglect court.

Father failed to appear at his adjudicatory hearing in August 2016, and the district court entered a default decree adjudicating the child dependent or neglected. Father appeared for the first time at a hearing in February 2017, and the court appointed counsel and ordered genetic testing. Meanwhile, the Weld County Child Support Services Unit had filed a petition for support in another division of the juvenile court in November 2016. Father had failed to appear in that case as well and failed to appear for the genetic testing that was also ordered in that case.

In April 2017, the dependency and neglect court informed the parties that the magistrate in the child support case had entered an order finding that father wasn’t a legal parent of the child and declared stepmother to be the child’s legal parent. The dependency and neglect court was unsure if this was proper, but ultimately decided that the child support court’s parentage order was final because no one had sought review. The court dismissed A.M.G. from the case as the father.

On appeal, father argued that the dependency and neglect court erroneously relied on the order from the child support court that he wasn’t the child’s legal father. He argued that after the dependency and neglect court adjudicated the child, it maintained exclusive, continuing jurisdiction over the child until the case was closed or the child reached age 21. Under the Children’s Code, the juvenile court has exclusive, original jurisdiction in both dependency and neglect proceedings and proceedings to determine parentage. The Court of Appeals held that once a child has been adjudicated dependent or neglected, all matters related to the child’s status must be addressed in the open dependency and neglect case, where parents are afforded procedural and substantive due process protections that aren’t available under the UPA.

The order dismissing father from the petition in dependency or neglect was reversed and the case was remanded.

Summary provided courtesy of Colorado Lawyer.

Lieutenant Governor Lynne Signs Final Bills of 2018 Legislative Session

On Wednesday, June 6, 2018, Lieutenant Governor Donna Lynne signed the final bills of the 2018 legislative session into law in Governor Hickenlooper’s absence. Lt. Gov. Lynne signed 35 bills into law. During the 2018 legislative session, 421 bills were signed into law, 9 were vetoed, and 2 were sent to the Secretary of State without a signature. The bills signed Wednesday are summarized here.

  • SB 18-015 – “Concerning the ‘Protecting Homeowners and Deployed Military Personnel Act,'” by Sens. Bob Gardner & Owen Hill and Reps. Dave Williams & Larry Liston. The bill directs a peace officer to remove a person from a residential premises and to order the person to remain off the premises if the owner or owner’s authorized agent (declarant) swears to a declaration making specified statements concerning ownership of the premises and the lack of authority for the person or persons who are on the premises to be there.
  • SB 18-038 – “Concerning the Allowable Uses of Reclaimed Domestic Wastewater, and, in Connection Therewith, Allowing Reclaimed Domestic Wastewater to be Used for Industrial Hemp Cultivation and Making an Appropriation,” by Sens. Kerry Donovan & Don Coram and Reps. Daneya Esgar & Yeulin Willett. The bill codifies rules promulgated by the water quality control commission of the Colorado department of public health and environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water.
  • SB 18-068 – “Concerning Criminalizing False Reports,” by Sens. John Cooke & Kevin Van Winkle and Rep. Jeff Bridges. Under current law, there is a crime of false reporting to authorities. The bill creates a crime of false reporting of an emergency by criminalizing an act of false reporting to authorities that includes a false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.
  • SB 18-225 – “Concerning the Definition of an Early College for Purposes of the ‘Concurrent Enrollment Programs Act,'” by Sen. Kent Lambert and Rep. Millie Hamner. Under the existing statute, an early college is not subject to the requirements of the ‘Concurrent Enrollment Programs Act’. The bill amends the definition of ‘early college’ to specify that an early college must provide only a curriculum that is designed to be completed within 4 years and includes concurrent enrollment in high school and postsecondary courses such that, when a student completes the curriculum, the student has attained a high school diploma and a postsecondary credential or at least 60 credit hours toward completion of a postsecondary credential.
  • SB 18-245 – “Concerning the Disposal of Naturally Occurring Radioactive Materials,” by Sen. John Cooke and Rep. Jeni James Arndt. Current law allows the state board of health to adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) only after the federal environmental protection agency has adopted rules concerning the disposal of NORM. The EPA has not adopted the rules. The bill repeals this prohibition and requires the state board to adopt rules, which must also regulate technologically enhanced NORM (TENORM), by December 31, 2020.
  • SB 18-250 – “Concerning the Provision of Jail-based Behavioral Health Services, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Kent Lambert and Reps. Pete Lee & Dave Young. The bill continues to allow the correctional treatment cash fund to be used to provide treatment for persons with mental and behavioral health disorders who are being served through the jail-based behavioral health services program.
  • SB 18-251 – “Concerning Establishing a Statewide Behavioral Health Court Liaison Program, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Kent Lambert and Reps. Dave Young & Pete Lee. The bill establishes in the office of the state court administrator a statewide behavioral health court liaison program. The purpose of the program is to identify and dedicate local behavioral health professionals as court liaisons in each state judicial district to facilitate communication and collaboration among judicial, health care, and behavioral health systems.
  • SB 18-255 – “Concerning the Use of Electronic Formats in the Issuance of Certificates of Title for Vehicles,” by Sen. Jack Tate and Reps. Jeni James Arndt & Edie Hooten. Current law provides that a record may not be denied effect merely because it is electronic. The bill clarifies that this applies to documents needed to obtain a certificate of title and electronic signatures.
  • SB 18-259 – “Concerning the Taxation of Retail Marijuana by Local Governments, and, in Connection Therewith, Making an Appropriation,” by Sen. Jim Smallwood and Rep. Dan Pabon. The bill imposes general taxation requirements on local government.
  • SB 18-267 – “Concerning the Creation of the Justice Center Maintenance Fund,” by Sens. John Kefalas & Randy Baumgardner and Reps. Jon Becker & Chris Hansen. The bill creates the justice center maintenance fund that consists of money appropriated by the general assembly to the maintenance fund from the justice center cash fund to be used for controlled maintenance needs of the Ralph L. Carr Colorado judicial center.
  • SB 18-269 – “Concerning Providing Funding for Local Education Providers to Implement School Security Improvements to Prevent Incidences of School Violence, and, in Connection Therewith, Creating the School Security Disbursement Program,” by Sens. Tim Neville & Dominick Moreno and Reps. Patrick Neville & Jeff Bridges. The bill creates the school security disbursement program in the department of public safety. A school district, charter school, institute charter school, or board of cooperative services may apply for a disbursement by submitting an application to the department. A disbursement recipient may use the money for one or more of the purposes specified in the bill, which include building improvements to enhance security and training for school personnel.
  • SB 18-280 – “Concerning a Transfer from the General Fund to the Tobacco Litigation Settlement Cash Fund to be Allocated to the Programs, Services, and Funds that Currently Receive Tobacco Litigation Settlement Money,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill requires the state treasurer to transfer $19,965,068 from the general fund to the tobacco litigation settlement cash fund on July 1, 2018. This money is allocated for the 2018-19 fiscal year to the programs, services, and funds that receive tobacco litigation settlement money to supplement the allocation of settlement money that those programs, services, and funds will otherwise receive.
  • HB 18-1042 – “Concerning the Creation of a Program to Authorize Private Providers to Register Commercial Vehicles as Class A Personal Property, and, in Connection Therewith, Making and Reducing an Appropriation,” by Reps. Jon Becker & Joann Ginal and Sens. Ray Scott & Rachel Zenzinger. The bill creates the expedited registration program. The program authorizes the department of revenue to promulgate rules authorizing private providers to register interstate commercial vehicles. The provider may collect and retain a convenience fee.
  • HB 18-1077 – “Concerning the Penalty for a Person who Commits Burglary to Acquire Firearms, and, in Connection Therewith, Making an Appropriation,” by Reps. Larry Liston & Donald Valdez and Sens. Leroy Garcia & Ray Scott. In current law, second degree burglary is a class 4 felony, but it is a class 3 felony under 2 specified circumstances. The bill designates a third type of second degree burglary as a class 3 felony: that is, a burglary, the objective of which is the theft of one or more firearms or ammunition.
  • HB 18-1146 – “Concerning the Continuation Under the Sunset Law of the Measurement Standards Law,” by Rep. Jovan Melton and Sen. Don Coram. The bill implements the recommendations of the department of regulatory agencies in its sunset review and report on the measurement standards law by extending the law for 15 years.
  • HB 18-1156 – “Concerning Limitations on Penalties for Truancy,” by Rep. Pete Lee and Sen. Chris Holbert. The bill clarifies in the Colorado Children’s Code and in the ‘School Attendance Law of 1963’ that a ‘delinquent act’ does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding.
  • HB 18-1200 – “Concerning Cybercrime, and, in Connection Therewith, Criminalizing Using a Computer to Engage in Prostitution of a Minor, Criminalizing Skimming Payment Cards, Making Changes to the Penalty Structure for Cybercrime, and Making an Appropriation,” by Reps. Paul Lundeen & Alec Garnett and Sens. Rhonda Fields & Don Coram. The bill changes the name of the crime computer crime to cybercrime. The bill makes soliciting, arranging, or offering to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof, a cybercrime.
  • HB 18-1218 – “Concerning the Definition of a Charitable Organization for Purposes of State Sales and Use Tax, and, in Connection Therewith, Removing the Limitation that a Veterans’ Organization Only Gets the Charitable Organization Exemption for Purposes of Sponsoring a Special Event, Meeting, or Other Function in the State, So Long as Such Event, Meeting, or Function is Not Part of the Organization’s Regular Activities in the State,” by Reps. Terri Carver & Jovan Melton and Sens. Nancy Todd & Larry Crowder. The bill makes state law consistent with federal law and will treat veterans’ organizations registered under section 501 (c)(19) of the federal internal revenue code the same way as veterans’ organizations registered under section 501 (c)(3) of the federal internal revenue code.
  • HB 18-1234 – “Concerning Clarification of the Laws Governing Simulated Gambling Activity,” by Reps. KC Becker & Paul Lundeen and Sen. Kent Lambert. The bill amends the definitions of key terms such as ‘gambling’, ‘prize’, and ‘simulated gambling device’ as used in the criminal statutes governing simulated gambling devices and specifies that unlawful offering of a simulated gambling device occurs if a person receives payment indirectly or in a nonmonetary form for use of a simulated gambling device.
  • HB 18-1302 – “Concerning the Allowance of the Department of Public Health and Environment to Waive Certification Requirements for Toxicology Laboratories that have been Accredited by an Entity Using Recognized Forensic Standards,” by Reps. Joann Ginal & Lois Landgraf and Sen. Vicki Marble. Current law allows the department of public health and environment to waive certain certification requirements for toxicology laboratories that are accredited by the American board of forensic toxicology or the international standards organization. The bill changes the waiver requirement to allow the department to waive certification requirements if the laboratory is accredited by an entity using nationally or internationally recognized forensic standards.
  • HB 18-1303 – “Concerning Exemption of Nonprofit Youth Sports Organization Coaches from the ‘Colorado Employment Security Act,'” by Reps. Cole Wist & Alec Garnett and Sen. Jack Tate. The bill exempts from the definition of ’employment’ under the ‘Colorado Employment Security Act’ nonprofit youth sports organization coaches if there is a written agreement between the coach and the organization that meets certain requirements, including a statement that the coach is an independent contractor.
  • HB 18-1313 – “Concerning the Allowance of a Pharmacist to Serve as a Practitioner under Certain Circumstances,” by Reps. Joann Ginal & Jon Becker and Sens. Irene Aguilar & Kevin Priola. The bill clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication under the ‘Colorado Medical Assistance Act’ and a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement.
  • HB 18-1314 – “Concerning Prohibiting the Use of Unmanned Aircraft Systems to Obstruct Public Safety Operations,” by Reps. Joann Ginal & Polly Lawrence and Sen. John Cooke. The bill states that, as used in the existing criminal offense of obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer, the term ‘obstacle’ includes an unmanned aircraft system.
  • HB 18-1335 – “Concerning the Colorado Child Care Assistance Program, and, in Connection Therewith, Establishing Eligibility Requirements for All Counties and Creating a New Formula to Determine the Amount of Block Grants to Counties,” by Rep. Dave Young and Sen. Kevin Lundberg. For providers under the Colorado child care assistance program, the bill requires the state department of human services, in consultation with the counties, annually to contract for a market rate study of provider rates for each county.
  • HB 18-1342 – “Concerning a Requirement that a Common Interest Community Created in Colorado Before July 1, 1992, Comply with a Provision of the ‘Colorado Common Interest Ownership Act’ that Allows a Majority of the Unit Owners in a Common Interest Community to Veto a Budget Proposed by the Executive Board of the Common Interest Community,” by Rep. Jovan Melton and Sen. Nancy Todd. The bill requires a common interest community that predates the Act to allow its unit owners to veto, by majority vote, a budget proposed by the common interest community’s executive board; except that the bill does not apply to a common interest community that predates the Act if the common interest community’s declaration sets a maximum assessment amount or provides a limit on the amount that the common interest community’s annual budget may be increased.
  • HB 18-1350 – “Concerning the Sales and Use Tax Treatment of Equipment Used to Manufacture New Metal Stock from Scrap or End-of-Life-Cycle Metals, and, in Connection Therewith, Making an Appropriation,” by Rep. Tracy Kraft-Tharp and Sen. Kevin Priola. Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. Manufacturing is currently defined to include the processing of recovered materials. The bill expands the definition of recovered materials to include materials that have been derived from scrap metal or end-of-life-cycle metals for remanufacturing, reuse, or recycling into new metal stock that meets applicable standards for metal commodities sales.
  • HB 18-1363 – “Concerning Legislative Recommendations of the Child Support Commission, and, in Connection Therewith, Making an Appropriation,” by Reps. Jonathan Singer & Lois Landgraf and Sen. Larry Crowder. The bill implements several recommendations from the child support commission.
  • HB 18-1373 – “Concerning the Use of the State Telecommunications Network by Private Entities Through Public-Private Partnerships, and, in Connection Therewith, Relocating Laws Related to the State Telecommunications Network from the Department of Public Safety’s Statutes to the Statutes Regarding Telecommunications Coordination within State Government,” by Reps. Jon Becker & Chris Hansen and Sens. Randy Baumgardner & John Kefalas. The bill authorizes private entities to use the state telecommunications network through public-private partnerships considered, evaluated, and accepted by the chief information officer and relocates laws related to the state telecommunications network from the department of public safety’s statutes to the statutes regarding telecommunications coordination within state government.
  • HB 18-1402 – “Concerning Authorization for the State Treasurer to Invest State Money in Investment Grade Securities Issued by Sovereign, National, and Supranational Entities,” by Reps. Polly Lawrence & Dave Young and Sens. Bob Gardner & Angela Williams. The bill authorizes the state treasurer to invest state money in securities issued by a sovereign, national, or supranational entity that are rated at least investment grade by a nationally recognized rating organization.
  • HB 18-1405 – “Concerning an Exception from the Mandatory Reporting Requirements for Persons Providing Legal Assistance to Area Agencies on Aging,” by Rep. Pete Lee and Sen. Bob Gardner. Under current law, staff, and staff of contracted providers, of area agencies on aging are mandatory reporters of the mistreatment of an at-risk elder or an at-risk adult with an intellectual and developmental disability. The bill creates a mandatory reporter exception for attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law.
  • HB 18-1410 – “Concerning Measures to Address Prison Population Increases,” by Reps. Pete Lee & Leslie Herod and Sens. Kevin Lundberg & Daniel Kagan. The bill requires the department of corrections to track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below 2% for 30 consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety.
  • HB 18-1421 – “Concerning the Procurement Process for Major Information Technology Projects Undertaken by State Agencies, and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sens. Kent Lambert & Jack Tate. The bill requires internal process changes in connection with the procurement process for major information technology (IT) projects as specified.
  • HB 18-1422 – “Concerning Requirements for Marijuana Testing Facilities,” by Rep. Matt Gray and Sen. Cheri Jahn. The bill requires medical and retail marijuana testing facilities to be accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard by a body that is itself recognized by the International Laboratory Accreditation Cooperation by January 1, 2019.
  • HB 18-1429 – “Concerning the Exemption of the Workers’ Compensation Cash Fund from the Maximum Reserve,” by Rep. Millie Hamner and Sen. Kent Lambert. Prior to July 1, 2017, the workers’ compensation cash fund was exempt from the maximum reserve for a cash fund, which limits the year-end uncommitted reserves in a cash fund to 16.5% of the amount expended from the cash fund during the fiscal year. The bill once again exempts the workers’ compensation cash fund from the maximum reserve.
  • HB 18-1437 – “Concerning Eliminating the Requirement that a Person who Participates in College-level Academic Programs through the Correctional Education Program in the Department of Corrections must Bear Entirely the Costs Associated with such Programs,” by Rep. Leslie Herod and Sen. Tim Neville. Under current law, the correctional education program in the department of corrections is required to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. The bill removes this stipulation concerning costs and states instead that such costs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships, or by such persons themselves, or through any combination of such funding.

For a list of the governor’s 2018 legislative decisions, click here.

Colorado Court of Appeals: Trial Court Committed Structural Error by Excluding Underage Spectators from Trial

The Colorado Court of Appeals issued its opinion in People in Interest of G.B. on Thursday, May 31, 2018.

Juvenile Delinquency—Sufficiency of the Evidence—Sexual Assault—Right to a Public Trial.

In this juvenile delinquency proceeding, a jury convicted 16-year-old G.B. of offenses that would, if committed by an adult, constitute felony sexual assault against the 15-year-old victim. The trial court adjudicated G.B. delinquent and sentenced him to the custody of the Division of Youth Corrections.

On appeal, G.B. challenged the sufficiency of the evidence that he knew the victim was incapable of appraising the nature of her conduct. However, the record evidence, including testimony about the victim’s drug and alcohol use and her testimony that she wasn’t able to move on her own and didn’t remember certain events from the night in question until she had nightmares and flashbacks months later, was sufficient to support a conclusion by a reasonable jury that G.B. knew the victim was incapable of appraising the nature of her conduct.

G.B. also contended that the trial court violated his right to a public trial by excluding, over his objection, all spectators during his cross-examination of the sexual assault nurse examiner, and by excluding all spectators under 18 from a significant portion of the trial. The trial court’s closure of the courtroom to all spectators under 18 was broader than necessary to achieve the trial court’s legitimate interest in protecting young children from exposure to age-inappropriate evidence. Further, the trial court failed to consider reasonable alternatives when it closed the courtroom to all spectators under 18. The trial court committed structural error by excluding from two days of trial all spectators under 18.

The judgment was reversed and the case was remanded for a new trial.

Summary provided courtesy of Colorado Lawyer.

Bills Signed Regarding Domestic Violence Statute of Limitations, Prohibiting Use of Criminal Convictions to Deny Employment, and More

Concerning liability limits in snow and ice removal contractsOn Wednesday, May 30, 2018, Governor Hickenlooper signed 34 bills into law. He also signed one bill on Thursday, May 31, 2018. To date, he has signed 350 bills into law this legislative session, and sent two to the Secretary of State without a signature. Some of the bills signed Wednesday and Thursday include a bill continuing the Commission on Criminal and Juvenile Justice, a bill prioritizing support for foster parents, a bill providing municipal grants to reimburse local governments for the cost of defense counsel for certain defendants, a bill to fund Colorado Water Conservation Board projects, and more. The bills signed Wednesday and Thursday are summarized here.

  • HB 18-1004 – “Concerning the Continuation of the Income Tax Credit for a Qualifying Contribution to Promote Child Care in the State,” by Reps. James Coleman & James Wilson and Sens. Jack Tate & John Kefalas. A taxpayer who makes a monetary contribution to promote child care in the state is allowed an income tax credit that is equal to 50% of the total value of the contribution. This exemption is currently available for income tax years that commence prior to January 1, 2020. The bill extends the credit for 5 years.
  • HB 18-1070 – “Concerning an Increase in the Amount of Financial Assistance that can be Provided for Public School Capital Construction Under the ‘Building Excellent Schools Today Act,’ and, in Connection Therewith, Increasing the Amount of Retail Marijuana Excise Tax Revenue that is Credited to the Public School Capital Construction Assistance Fund and Making an Appropriation,” by Reps. Dave Young & Cole Wist and Sens. Ray Scott & Rachel Zenzinger. Currently, the first $40 million of retail marijuana excise tax revenue annually collected is credited to the public school capital construction assistance fund for purposes of the ‘Building Excellent Schools Today Act’ and the remainder of the revenue is credited to the state public school fund.
  • HB 18-1094 – “Concerning the Reauthorization of the ‘Child Mental Health Treatment Act,’ and, in Connection Therewith, Making an Appropriation,” by Reps. Leslie Herod & Cole Wist and Sens. Beth Martinez Humenik & Dominick Moreno. The bill extends indefinitely the ‘Child Mental Health Treatment Act’ and renames it the ‘Children and Youth Mental Health Treatment Act’. It also makes several changes to the act.
  • HB 18-1176 – “Concerning Continuation of the Grant Program in the Department of Corrections to Provide Funding to Eligible Community-Based Organizations that Provide Reentry Services to Offenders, and, in Connection Therewith, Implementing the Recommendations in the 2017 Report of the Department of Regulatory Agencies,” by Reps. Pete Lee & Cole Wist and Sen. John Cooke. Under current law, a grant program exists in the Department of Corrections to provide funding to eligible community-based organizations that provide reentry services to offenders. The grant program is scheduled to repeal on September 1, 2018. The bill reschedules the repeal of the grant program to September 1, 2023. The bill also provides that, in awarding grants from the grant program, the department shall release as much as one quarter of the amount annually appropriated to the grant program to an intermediary at the beginning of each fiscal year.
  • HB 18-1189 – “Concerning Pilot Programs to Expand Effective Teacher Residency Programs Across the State, and, in Connection Therewith, Making an Appropriation,” by Reps. Brittany Pettersen & Lang Sias and Sens. Owen Hill & Nancy Todd. The bill creates the teacher residency expansion program in the Department of Education. The goal of the program is to identify and communicate to school districts, charter schools, and boards of cooperative services that operate public schools the best practices, effective strategies, and critical components of effective teacher residency programs and thereby facilitate expansion of the effective teacher residency programs across the state.
  • HB 18-1190 – “Concerning Modifications to the ‘Colorado Job Creation and Main Street Revitalization Act,'” by Reps. Daneya Esgar & Hugh McKean and Sens. Jack Tate & Leroy Garcia. The bill makes several modifications to the existing ‘Colorado Job Creation and Main Street Revitalization Act.’
  • HB 18-1236 – “Concerning the Continuation of the Colorado Food Systems Advisory Council, and, in Connection Therewith, Implementing the Recommendations in the Department of Regulatory Agencies’ Sunset Report,” by Reps. Barbara McLachlin & Jon Becker and Sen. Randy Baumgardner. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review and report on the Colorado food systems advisory council by extending the council indefinitely.
  • HB 18-1267 – “Concerning an Income Tax Credit for Retrofitting a Residence to Increase the Residence’s Visitability, and, in Connection Therewith, Making an Appropriation,” by Reps. Matt Gray & Hugh McKean and Sen. Jack Tate. The bill provides an income tax credit to an individual who retrofits or hires someone to retrofit the individual’s residence, and makes several specifications concerning the retrofit.
  • HB 18-1287 – “Concerning the Extension of the Repeal of the Colorado Commission on Criminal and Juvenile Justice, and, in Connection Therewith, Making an Appropriation,” by Rep. Mike Weissman and Sens. Daniel Kagan & John Cooke. Current law repeals the Colorado commission on criminal and juvenile justice, effective July 1, 2018. The bill extends the repeal date to July 1, 2023, and requires the Department of Regulatory Agencies to perform a sunset review of the commission prior to such repeal.
  • HB 18-1295 – “Concerning Modifications to the ‘Colorado Food and Drug Act’ to Allow Products Containing Industrial Hemp, and, in Connection Therewith, Establishing that Products Containing Industrial Hemp are not Adulterated or Misbranded by Virtue of Containing Industrial Hemp,” by Reps. Joseph Salazar & Daneya Esgar and Sen. Don Coram. The bill establishes that food and cosmetics are not adulterated or misbranded by virtue of containing industrial hemp. The bill also sets forth the Department of Public Health and Environment’s powers with regard to applicants and registrants engaged in, or attempting to engage in, the wholesale food selling, manufacturing, processing, or storage of an industrial hemp product, as that term is defined in the bill.
  • HB 18-1321 – “Concerning Efficient Administration of Nonemergency Medical Transportation Within the Existing Benefit under the Medical Assistance Program, and, in Connection Therewith, Making and Reducing an Appropriation,” by Reps. Hugh McKean & Jeni James Arndt and Sens. Beth Martinez Humenik & Dominick Moreno. The bill requires the Department of Health Care Policy and Financing to create and implement a method for meeting urgent transportation needs within the existing nonemergency medical transportation benefit under the medical assistance program.
  • HB 18-1340 – “Concerning Transfers of Money to be Used for the State’s Infrastructure,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill makes several transfers of money through the 2018-19 fiscal year.
  • HB 18-1346 – “Concerning Child Abuse Related to Youth who are Under the Continuing Jurisdiction of the Court in an Out-of-Home Placement when they are Younger than Twenty-one Years of Age,” by Reps. Jim Smallwood & Lois Landgraf and Sens. Jim Smallwood & John Kefalas. The bill directs the Colorado commission on criminal and juvenile justice to study the issue of institutional child abuse for children and youth in facilities operated by the department of human services. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the General Assembly.
  • HB 18-1348 – “Concerning Families Involved in the Child Welfare System, and, in Connection Therewith, Prioritizing Services and Providing Support for Foster Parents,” by Reps. Jonathan Singer & Lois Landgraf and Sens. Bob Gardner & John Kefalas. The bill allows foster parents access to certain information regarding a foster child or prospective foster child, including judicial information and education records. The bill requires that a county prioritize child care assistance for certified foster parents and certified kinship foster parents and for noncertified kinship care providers that provide care for children with an open child welfare case.
  • HB 18-1353 – “Concerning the Creation of a Grant Program to Reimburse Local Governments for Costs Associated with the Provision of Defense Counsel to Certain Defendants at their First Appearances in Municipal Courts, and, in Connection Therewith, Making an Appropriation,” by Reps. Susan Lontine & Terri Carver and Sen. Vicki Marble. The bill creates the defense counsel on first appearance grant program in the division of local government 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.
  • HB 18-1354 – “Concerning a Requirement that Written Warranties for Powersports Vehicles be Honored,” by Rep. Hugh McKean and Sen. Rachel Zenzinger. Current law appears to forbid a powersports vehicle manufacturer or distributor from honoring written warranties. The bill clarifies that the powersports dealer is required to honor written warranties.
  • HB 18-1355 – “Concerning Changes to the Accountability System for the Elementary and Secondary Public Education System to Strengthen the Accountability System for the Benefit of Students,” by Reps. Brittany Pettersen & Lang Sias and Sens. Bob Gardner & Dominick Moreno. The bill changes the criteria that the Department of Education must consider in assigning an accreditation category to a school district or the state charter school institute or in recommending the type of performance plan that a public school must implement.
  • HB 18-1361 – “Concerning Expanded Eligibility for a Veteran of the Vietnam War Specialty License Plate,” by Reps. Tony Exum & Donald Valdez and Sen. Angela Williams. The bill extends the end date to be eligible for a veteran of the Vietnam war specialty license plate from January 27, 1973, to July 1, 1975.
  • HB 18-1364 – “Concerning the Continuation of the Colorado Advisory Council for Persons with Disabilities, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies, and Making an Appropriation,” by Reps. Dafna Michaelson Jenet & Lois Landgraf and Sens. Beth Martinez Humenik & Rachel Zenzinger. The bill continues the Colorado advisory council for persons with disabilities, but transfers it from the office of the governor to the department of health care policy and financing. The makeup of the council is decreased from no more than 20 members to a total of 10 members, 3 of whom are nonvoting members. The newly appointed council shall convene its first meeting on or before August 1, 2018, and meet quarterly thereafter. The department is authorized to provide staff support to the council. The powers and duties of the council are expanded and articulated.
  • HB 18-1367 – “Concerning Professional Development in Leadership for Public School Principals, and, in Connection Therewith, Creating the School Leadership Pilot Program and Making an Appropriation,” by Reps. Barbara McLachlin & James Wilson and Sen. Kevin Priola. The bill creates the school leadership pilot program  to provide professional development for public elementary, middle, and high school principals. During the 2018-19 budget year, the Department of Education is directed to design and implement the program or contract with a nonprofit entity to design and implement the program.
  • HB 18-1398 – “Concerning the Statute of Limitations for Commencing a Civil Action in Tort to Recover Damages for an Act of Domestic Violence,” by Reps. Matt Gray & Cole Wist and Sen. Bob Gardner. The bill states that any civil action to recover damages caused by an act of domestic violence must be commenced within 6 years after a disability has been removed for a person under disability or within 6 years after a cause of action accrues, whichever occurs later.
  • HB 18-1418 – “Concerning the Use of Criminal Convictions in Employment,” by Rep. Mike Weissman and Sens. Don Coram & Daniel Kagan. Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual’s criminal record in determining whether the individual is of good moral character. The bill changes the determination to consider whether the individual is qualified. The bill adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment.
  • SB 18-001 – “Concerning Transportation Infrastructure Funding, and, in Connection Therewith, Requiring Specified Amounts to be Transferred from the General Fund to the State Highway Fund, the Highway Users Tax Fund, and a New Multimodal Transportation Options Fund During State Fiscal Years 2018-19 and 2019-20 for the Purpose of Funding Transportation Projects and to the State Highway Fund During Any State Fiscal Year from 2019-20 through 2038-39 for State Highway Purposes and to Repay any Transportation Revenue Anticipation Notes that may be Issued as Specified in the Bill and, if no Citizen-Initiated Ballot Measure that Requires the State to Issue Transportation Revenue Anticipation Notes is Approved by the Voters of the State at the November 2018 General Election, Requiring the Secretary of State to Submit a Ballot Question to the Voters of the State at the November 2019 Statewide Election, which, if Approved, Would Require the State, with no Increase in any Taxes, to Issue Additional Transportation Revenue Anticipation Notes for the Purpose of Addressing Critical Priority Transportation Needs in the State by Funding Transportation Projects; Would Exclude Note Proceeds and Investment Earnings on Note Proceeds from State Fiscal Year Spending Limits; and Would Reduce the Amount of Lease-Purchase Agreements Required by Current Law to be Issued for the Purpose of Funding Transportation Projects,” by Sens. Randy Baumgardner & John Cooke and Reps. Perry Buck & Faith Winter. The bill requires the state treasurer to transfer $500 million from the general fund to the state highway fund on June 30, 2019, and to transfer $250 million from the general fund to the state highway fund annually on June 30 of state fiscal years 2019-20 though 2038-39. Several other transfers are also specified.
  • SB 18-016 – “Concerning the Repeal Date for the Transfer of Money from Community Corrections to the Housing Assistance for Persons Transitioning from the Criminal or Juvenile Justice System Cash Fund, and, in Connection Therewith, Making an Appropriation,” by Sens. Beth Martinez Humenik & Rhonda Fields and Reps. Jonathan Singer & Adrienne Benavidez. In 2017, the general assembly enacted a provision requiring at the end of the 2016-17 fiscal year the state treasurer to transfer unexpended and unencumbered money appropriated for community corrections programs to a new fund to assist persons transitioning from the criminal or juvenile justice systems. The act repealed the provision in 2018.
  • SB 18-062 – “Concerning Liability Limits in Snow and Ice Removal Contracts,” by Sen. Dominick Moreno and Rep. Jovan Melton. The bill enacts the ‘Snow Removal Service Liability Limitation Act’, which makes void provisions of snow removal agreements that require one party to indemnify the other party for damages, hold the other party harmless for damages, and provide for the defense of the other party in a liability lawsuit.
  • SB 18-086 – “Concerning the Use of Cyber Coding Cryptology for State Records, and, in Connection Therewith, Making an Appropriation,” by Sens. Kent Lambert & Angela Williams and Reps. Joann Ginal & Bob Rankin. The chief information security officer in the governor’s office of information technology (OIT), the director of OIT, the department of state, and the executive director of the department of regulatory agencies are required to take certain actions to protect state records containing trusted sensitive and confidential information from criminal, unauthorized, or inadvertent manipulation or theft.
  • SB 18-087 – “Concerning In-state Tuition at Institutions of Higher Education for Certain Foreign Nationals Legally Settled in Colorado,” by Sen. Stephen Fenberg and Reps. Dafna Michaelson Jenet & Faith Winter. The bill contains a legislative declaration about the circumstances facing special immigrants and refugees and the benefit of access to education. The bill grants eligibility for in-state tuition status to refugees and special immigrants admitted to the United States pursuant to federal law who have settled in Colorado.
  • SB 18-218 – “Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making Appropriations,” by Sen. Don Coram and Rep. Jeni James Arndt. The bill appropriates money from the Colorado Water Conservation Board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for certain projects.
  • SB 18-219 – “Concerning the Rates a Motor Vehicle Dealer Charges a Motor Vehicle Manufacturer for Work Performed by the Dealer in Accordance with a Warranty Obligation,” by Sen. Jack Tate and Rep. Tracy Kraft-Tharp. The bill requires motor vehicle manufacturers to fulfill warranty obligations. A manufacturer must compensate each of its motor vehicle dealers in accordance with a set of standards designed to reflect the current market rate for labor and the profit margin on parts the dealer can expect to obtain. Dealers must submit certain repair orders to the manufacturer as required by the bill to establish compensation rates.
  • SB 18-231 – “Concerning a Task Force on the Transition of Persons with Intellectual and Developmental Disabilities from Educational Services to Home- and Community-Based Services, and, in Connection Therewith, Making an Appropriation,” by Sens. Kent Lambert & Dominick Moreno and Rep. Dave Young. The bill establishes a task force for transition planning to make recommendations on improvements for the transition of individuals with disabilities who are receiving services and supports in an educational setting to receiving services and supports through home- and community-based services. It specifies membership on the task force and duties including making a report to specified committees of the general assembly.
  • SB 18-232 – “Concerning a Clarification of the Calculation used to Determine the Amount of Money that Must be Spent to Acquire Works of Art for Capital Construction Projects that are the Subject of a Lease-Purchase Agreement,” by Sens. Jerry Sonnenberg & John Kefalas and Reps. Daneya Esgar & Chris Hansen. The bill clarifies that for any capital construction project that is the subject of a lease-purchase agreement, the one percent of the total construction costs that is required to be used for the acquisition of works of art is calculated on the state-funded portion of the total construction costs and not on the total construction costs.
  • SB 18-234 – “Concerning Measures to Reduce the sale Without Consent of the Remains of a Human who was Born Alive, and, in Connection Therewith, Registering Nontransplant Tissue Banks and Prohibiting Certain Owners of Nontransplant Tissue Banks from Owning Certain Other Businesses that Provide for the Final Disposition of Human Remains, and Making an Appropriation,” by Sens. Don Coram & Larry Crowder and Reps. Tracy Kraft-Tharp & Marc Catlin. The bill makes it unlawful under the ‘Mortuary Science Code’ for a person to own more than a 10% indirect interest in a funeral establishment or crematory while simultaneously owning interest in a nontransplant tissue bank.
  • SB 18-248 – “Concerning the Treatment under Statutory Provisions Governing Tax Increment Financing of Revenues Received by an Urban Renewal Authority Following Certain Voter-Approved Revenue Increases,” by Sen. Beth Martinez Humenik and Reps. Polly Lawrence & Matt Gray. Under current law, in connection with the use of a special fund of an urban renewal authority to collect the increment used to finance urban renewal projects, any additional revenues received by a municipality, county, special district, or school district  resulting because the voters have authorized the taxing entity to retain and spend such money under the TABOR requirements of the state constitution after the creation of the fund or as a result of an increase in the property tax mill levy approved by the voters of the taxing entity after the creation of the fund are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund. Under the bill, such additional revenues that have been received because of the 2 specified forms of voter-approved revenue changes are restricted from being pledged by an authority for the payment of any bonds of, or any loans or advances to, or any indebtedness incurred by the authority without the consent of the relevant taxing entity.
  • SB 18-249 – “Concerning Establishing Alternative Programs in the Criminal Justice System to Divert Individuals with a Mental Health Condition to Community Treatment, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Kent Lambert and Reps. Pete Lee & Dave Young. The bill creates up to 4 pilot programs in judicial districts in the state that divert individuals with low-level criminal behavior and a mental health condition to community resources and treatment rather than continued criminal justice involvement. The programs must be developed in accordance with the principles and proposed model recommended by the Colorado commission on criminal and juvenile justice, adopted on January 12, 2018.
  • SB 18-271 – “Concerning Changes to Improve Funding for Marijuana Research, and, in Connection Therewith, Making an Appropriation,” by Sen. Vicki Marble and Rep. Dan Pabon. 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.
  • SB 18-272 – “Concerning Suicide Prevention Training in Schools, and, in Connection Therewith, Making an Appropriation,” by Sens. Beth Martinez Humenik & Nancy Todd and Reps. Terri Carver & Barbara McLachlin. The bill creates the crisis and suicide prevention training grant program in the Department of Public Health and Environment. The purpose of the grant program is to provide financial assistance to schools in providing crisis and suicide prevention training to schools, with priority given to those schools that have previously not received such training. The grant program may authorize up to $400,000 in grants per year in varying amounts. The office of suicide prevention and the school safety resource center shall work collaboratively with the department to develop guidelines and criteria for the grant program. Grant recipients are required to report on their activities using grant money.

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

Bills Signed Regarding Civil Forfeiture Reform, Community Corrections Transition Placements, Electronic Vehicle Title Filing, and More

On Tuesday, May 29, 2019, Governor Hickenlooper signed 59 bills into law. To date, he has signed 315 bills into law and sent two to the Secretary of State without a signature. Some of the bills signed Tuesday include a bill reforming the civil asset forfeiture process, a bill enacting a community corrections transition placement program, a bill providing relief from collateral criminal consequences, a bill allowing vehicle titles to be transferred electronically, a bill changing the own-source requirements for medical marijuana sales, a bill expanding civil jurisdiction of county courts, and more. The bills signed Tuesday are summarized here.

  • HB 18-1019 – “Concerning Criteria Applied in Determining Performance Ratings for Entities in the Elementary and Secondary Public Education System, and, in Connection Therewith, Making an Appropriation,” by Rep. Kevin Priola and Rep. Mike Cooke. For purposes of determining the level of attainment for accreditation of each public high school, each school district, the state charter school institute, and the state as a whole on the postsecondary and workforce readiness performance indicator, the bill adds additional measures of the percentage of students who successfully complete certain courses.
  • HB 18-1020 – “Concerning Civil Forfeiture Reform, and, in Connection Therewith, Changing the Entity Required to Report on Forfeitures, Expanding the Scope of the Forfeitures to be Reported, Establishing Grant Programs, Changing the Disbursement of Net Forfeiture Proceeds, and Making an Appropriation,” by Rep. Leslie Herod and Sens. Daniel Kagan, Tim Neville, & Bob Gardner. During the 2017 session, the General Assembly enacted a bill involving civil forfeiture requiring seizing agencies to submit reports to the Department of Local Affairs The bill expands the scope of the reports to include seizures related to a local public nuisance law or ordinance. The 2017 act also prohibited seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000. The bill establishes the law enforcement assistance grant program in the Department of Public Safety to reimburse seizing agencies for revenue lost because of this prohibition.
  • HB 18-1057 – “Concerning the Collection of Debts, and, in Connection Therewith, Allowing Collection Agents to Add Certain Expenses to Amounts Due for Collection,” by Rep. Hugh McKean and Sen. Don Coram. The bill allows a private collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or to any political subdivision within the state, to add to the amount due that has been placed for collection all fees, costs, and costs of collection, including designated contractual attorney fees and costs that are awarded by a court of competent jurisdiction.
  • HB 18-1060 – “Concerning a State Income Tax Deduction for Military Retirement Benefits for an Individual who is Under Fifty-five Years of Age,” by Reps. Jessie Danielson & Lois Landgraf and Sens. Larry Crowder & Angela Williams. The bill allows an individual who is under 55 years old and whose military retirement benefits are less than $40,000 to claim a federal income tax deduction.
  • HB 18-1108 – “Concerning the Colorado Commission for the Deaf and Hard of Hearing, and, in Connection Therewith, Renaming the Commission the Colorado Commission for the Deaf, Hard of Hearing, and Deafblind; Creating the Colorado Deafblind Citizens Council to Advise the Commission on Deafblind Issues; Clarifying and Expanding the Commission’s Duties to Provide Services to the Deaf, Hard of Hearing, and Deafblind; and Changing the Membership of the Committee Charged with Reviewing Grant Applications,” by Rep. Jessie Danielson and Sen. Nancy Todd. The bill changes the name of the ‘Colorado commission for the deaf and hard of hearing’ to the ‘Colorado commission for the deaf, hard of hearing, and deafblind’. The bill expands the commission’s duties to include establishing a community access program for one-on-one system navigation and changes the membership on the committee reviewing grant applications under the act.
  • HB 18-1128 – “Concerning Strengthening Protections for Consumer Data Privacy,” by Reps. Cole Wist & Jeff Bridges and Sens. Kent Lambert & Lois Court. Except for conduct in compliance with applicable federal, state, or local law, the bill requires covered and governmental entities in Colorado that maintain paper or electronic documents that contain personal identifying information to develop and maintain a written policy for the destruction and proper disposal of those documents.
  • HB 18-1135 – “Concerning the Extension of the Advanced Industries Export Acceleration Program, and, in Connection Therewith, Making an Appropriation,” by Reps. Traci Kraft-Tharp & James Wilson and Sen. Jack Tate. The bill extends the advanced industries export acceleration program that is currently managed by the office of economic development.
  • HB 18-1152 – “Concerning Making Certain Records of the State Judicial Department Relating to Sexual Harassment Investigations Subject to the Colorado Open Records Act,” by Rep. Polly Lawrence and Sen. John Cooke. Under the Colorado open records act (CORA), records related to sexual harassment complaints are not open records; except that those records are available to a person making a sexual harassment complaint and the subject of the complaint. The bill makes the judicial department subject to the sexual harassment provision of CORA until May 1, 2021.
  • HB 18-1155 – “Concerning the Continuation of the Physical Therapy Board, and, in Connection Therewith, Implementing the Recommendations Contained in the 2017 Sunset Review and Report by the Department of Regulatory Agencies,” by Reps. Larry Liston & Jonathan Singer and Sen. Beth Martinez Humenik. The bill extends the licensing of physical therapists and physical therapist assistants to 2024 and makes several other changes.
  • HB 18-1174 – “Concerning the Continuation Under the Sunset Law of the Board of Mortgage Loan Originators, and, in Connection Therewith, Adopting the Legislative Recommendations of the Department of Regulatory Agencies as Contained in the Department’s Sunset Report,” by Reps. Jeni James Arndt & Matt Gray and Rep. Kevin Priola. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review of the board of mortgage loan originators.
  • HB 18-1184 – “Concerning the Creation of a Report on 911 Service in Colorado, and, in Connection Therewith, Requiring Consideration of Issues Related to the Implementation of Next Generation 911,” by Reps. Tony Exum & Polly Lawrence and Sens. Irene Aguilar & Bob Gardner. The bill requires the public utilities commission to annually publish a ‘state of 911’ report. The report must address the commission’s activities related to 911 service, the current statewide architecture and operations related to 911 service, 911 network reliability and resiliency, any identified gaps or vulnerabilities in 911 service, national trends and activities, funding, and the implementation of next generation 911.
  • HB 18-1202 – “Concerning an Income Tax Credit for an Employer Related to an Employee’s Paid Leave of Absence for the Purpose of Making an Organ Donation, and, in Connection Therewith, Enacting the ‘Living Organ Donor Support Act,'” by Rep. Alec Garnett and Sen. Bob Gardner. Beginning January 1, 2020, an employer is allowed an income tax credit that is an amount equal to 35% of the employer’s expenses incurred while the employee is on paid leave or for paying a temporary employee.
  • HB 18-1217 – “Concerning a Temporary Income Tax Credit for Employers that Make Contributions to 529 Qualified State Tuition Program Accounts Owned by their Employees, and, in Connection Therewith, Enacting the “Working Families College Savings Act,'” by Reps. Kevin Van Winkle & Alec Garnett and Sen. Bob Gardner. The bill creates a temporary income tax credit for income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, for employers that make contributions to 529 qualified state tuition program accounts owned by their employees in an amount equal to 20% of the contribution, not to exceed $500.
  • HB 18-1224 – “Concerning the Process that is Due for the Imposition of Discipline that Affects a Person’s Ability to Practice an Occupation, and, in Connection Therewith, Requiring the Parties to Submit to Mediation and Making an Appropriation,” by Rep. Yeulin Willett and Sen. Bob Gardner. Current law requires state agencies to give notice to a licensee of certain facts that may lead to discipline or suspension. The bill makes certain changes to these requirements.
  • HB 18-1251 – “Concerning Measures to Improve the Efficiency of the Community Corrections Transition Placements, and, in Connection Therewith, Making an Appropriation,” by Reps. Pete Lee & Cole Wist and Sens. Daniel Kagan & Bob Gardner. The bill requires the state board of parole to submit a list of offenders for community corrections transition placement referrals to the department of corrections staff. The staff shall inform the board when the referral is made or the reason for not making the referral.
  • HB 18-1252 – “Concerning Unlawful Sale of Academic Materials for Submission to an Institution of Higher Education,” by Reps. Dylan Roberts & James Wilson and Sen. Kevin Priola. 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.
  • HB 18-1269 – “Concerning Notification to Parents of Charges Brought Against Public School Employees for Alleged Felony Offenses that would Result in the Revocation of an Educator License Pursuant to title 22, Colorado Revised Statutes,” by Reps. Paul Lundeen & Brittany Pettersen and Sens. Owen Hill & Rhonda Fields. The bill requires school districts, district charter schools, institute charter schools, and boards of cooperative services to notify parents of students enrolled in a local education provider of charges brought against an employee or former employee, if the employee was employed at any time within 12 months before an offense is charged, who has or had contact with students, if the charges are for one of the felony offenses that requires the denial, suspension, or revocation of a teacher license if the employee were a teacher.
  • HB 18-1277 – “Concerning a Requirement that an Application for a “Building Excellent Schools Today Act” Grant of Financial Assistance for Public School Capital Construction Include a Plan for the Future Use or Disposition of any Existing Public School Facility that the Applicant will Stop Using for its Current Use if it Receives the Grant,” by Reps. Jon Becker & Daneya Esgar and Sens. Randy Baumgartner & John Kefalas. Beginning with the state fiscal year 2019-20 grant cycle, the bill requires an application made to the public school capital construction assistance board under the ‘Building Excellent Schools Today Act’ for a grant of financial assistance that is for either the construction of a new public school facility that will replace one or more existing public school facilities or the reconstruction or expansion of an existing public school facility to include a plan for the future use or disposition of any existing public school facility that the applicant will stop using for its current use if it receives the grant.
  • HB 18-1283 – “Concerning the Classification of Residential Land for Property Tax Purposes Resulting from a Significant Change in the Residential Improvements Located Upon the Land,” by Rep. Adrienne Benavidez and Sen. Tim Neville. When residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the bill requires the residential land classification to remain in place for the year in which the improvements were destroyed, demolished, or relocated and one subsequent property tax year if the assessor determines that evidence is present that the owner intends to rebuild or locate a residential improvement on the land.
  • HB 18-1285 – “Concerning Parking for People with Certain Disabilities, and, in Connection Therewith, Making an Appropriation,” by Rep. Dan Pabon and Sens. Jim Smallwood & Nancy Todd. The bill creates a remuneration-exempt identifying placard that exempts an individual with a disability from paying for parking if the disability limits the individual’s fine motor skills, ability to grow above 48 inches, or ability to reach or access a parking meter.
  • HB 18-1291 – “Concerning the Continuation of the Conservation Easement Oversight Commission, and, in Connection Therewith, Implementing the Recommendations of the 2017 Sunset Report by the Department of Regulatory Agencies,” by Reps. Faith Winter & Dan Thurlow and Sen. Jerry Sonnenberg. The bill implements the recommendations of the department of regulatory agencies in its sunset review of the conservation easement oversight commission by extending the repeal date of the commission for 7 years until 2025 and modifies the composition of the commission.
  • HB 18-1294 – “Concerning the Continuation of the Regulation of Nursing Home Administrators by the Board of Examiners of Nursing Home Administrators in the Division of Professions and Occupations in the Department of Regulatory Agencies, and, in Connection Therewith, Requiring the Board to Record by Board Member Each Vote Regarding Licensee Discipline,” by Reps. Susan Longtine & Janet Buckner and Sen. Larry Crowder. The bill partially implements the recommendations of the department of regulatory agencies, as contained in the department’s sunset review of nursing home administrators by continuing the regulation of nursing home administrators by the board of examiners of nursing home administrators in the division of professions and occupations for 5 years, until September 1, 2023.
  • HB 18-1296 – “Concerning an Expansion of the Ability to Leave a Motor Vehicle Unattended in Certain Circumstances,” by Reps. Jovan Melton & Justin Everett and Sens. Vicki Marble & Dominick Moreno. 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.
  • HB 18-1299 – “Concerning Electronic Documents Related to the Ownership of a Vehicle that is Regulated by the Department of Revenue, and, in Connection Therewith, Making an Appropriation,” by Reps. Jeff Bridges & Patrick Neville and Sens. Ray Scott & Rachel Zenzinger. The bill creates a framework for the department of revenue to establish electronic processing for issuing certificates of title, filing or releasing liens, or registering vehicles and special mobile machinery. This is subject to the department promulgating rules.
  • HB 18-1300 – “Concerning Granting Authority for Local District Colleges to Provide a Bachelor of Science Degree in Nursing Program as a Completion Degree to Students who Have or Are Pursuing an Associate Degree in Nursing,” by Reps. Dave Young & Perry Buck and Sens. Vicki Marble & John Cooke. The bill allows a local district 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.
  • HB 18-1309 – “Concerning Programs Addressing Educator Shortages, and, in Connection Therewith, Making an Appropriation,” by Reps. James Coleman & James Wilson and Sen. Owen Hill. The bill requires the Colorado department of education and the Colorado department of higher education to create the framework for a grow your own educator program and specifies required provisions.
  • HB 18-1344 – “Concerning Relief from Collateral Consequences of Criminal Actions,” by Reps. Mike Weissman & Lang Sias and Sens. Dominick Moreno & Don Coram. Current law has separate collateral relief sections for when a court orders an alternative sentence, probation, or community corrections. The bill combines collateral relief provisions into one section and authorizes a court to enter an order for collateral relief at the time of conviction of a defendant or any time thereafter. The bill requires a fingerprint-based criminal history record check only if the hearing is held after sentencing.
  • HB 18-1351 – “Concerning Signage for the Old Spanish Trail,” by Reps. Donald Valdez & Phil Covarrubias and Sens. Leroy Garcia & Larry Crowder. The bill recognizes the significance of the old Spanish national historic trail as a historic resource in Colorado. Subject to the availability of funding from gifts, grants, or donations, the bill requires the executive director of the department of transportation to erect signs marking portions of the trail that travel along or cross highways in Colorado.
  • HB 18-1362 – “Concerning the Membership Expansion of the Colorado Task Force on Drunk and Impaired Driving,” by Rep. Jeni James Arndt and Sen. Jack Tate. The bill adds 3 members to the Colorado task force on drunk and impaired driving. The executive director of the department of transportation, or the director’s designee, shall appoint a community-based representative from the substance use disorder prevention field and a representative from the retail or medical marijuana industry who is an owner or manager of a retail dispensary. The executive director of the department of revenue, or the director’s designee, shall appoint a representative from the marijuana enforcement division.
  • HB 18-1371 – “Concerning Capital Construction Budget Items, and, in Connection Therewith, Codifying the Three-year Period that Capital Construction Budget Items Remain Available and Clarifying the Deadlines for the Submission of Capital Construction Budget Requests, Budget Request Amendments, and Budget Request Amendments that are Related to a Request for a Supplemental Appropriation,” by Reps. Daneya Esgar & Jon Becker and Sens. John Kefalas & Randy Baumgardner. The bill codifies the 3-year period that capital construction appropriations remain available and clarifies the deadlines for the submission of capital construction budget requests, budget request amendments, and budget request amendments that are related to a request for a supplemental appropriation.
  • HB 18-1372 – “Concerning an Exemption of the Regional Center Depreciation Account in the Capital Construction Fund from the Definition of Cash Fund for Purposes of the Requirements under the Automatic Cash Fund Funding Mechanism for Payment of Future Costs Attributable to Certain of the State’s Capital Assets,” by Reps. Daneya Esgar & Jon Becker and Sen. John Kefalas. The bill exempts the Department of Human Services’ regional center depreciation account in the capital construction fund from the definition of ‘cash fund’ for purposes of the requirements under the automatic cash fund funding mechanism for payment of future costs attributable to certain of the state’s capital assets.
  • HB 18-1375 – “Concerning the Nonsubstantive Revision of Statutes in the Colorado Revised Statutes, as Amended, and, in Connection Therewith, Amending or Repealing Obsolete, Imperfect, and Inoperative Law to Preserve the Legislative Intent, Effect, and Meaning of the Law,” by Reps. Yeulin Willett & Pete Lee and Sen. Bob Gardner. To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative.
  • HB 18-1381 – “Concerning Operations Related to the Sale of Medical Marijuana in the Regulated Medical Marijuana Market, and, in Connection Therewith, Moving from the Seventy Percent Own Source Requirement to a One-year Transition Period of Fifty Percent Own Source Requirement to an Elimination of the Own Source Requirement,” by Reps. Matt Gray & Kevin Van Winkle and Sens. Tim Neville & Cheri Jahn. The bill creates a transition period between the current limited sourcing model that begins July 1, 2018. For one year from that date, medical marijuana centers and optional premises cultivation facilities can purchase and sell 50% of their inventory as a wholesale transaction, and medical marijuana trim is not included in the calculation of the percentage.
  • HB 18-1388 – “Concerning an Exemption from the Requirement to Register a Security if the Security is Subject to a Notice Filing as Permitted under Federal Law,” by Rep. Alec Garnett and Sen. Jack Tate. Existing law generally requires that, for a person to issue a security, either the security or the person must be exempt or the person must register the security with the securities commissioner. The bill eliminates the registration requirement, and substitutes a notice filing requirement.
  • HB 18-1393 – “Concerning Measures to Support Effective Implementation of the ‘Colorado Reading to Ensure Academic Development Act’ for all Students who Receive Services Pursuant to READ Plans, and, in Connection Therewith, Making an Appropriation,” by Reps. Millie Hamner & Tony Exum and Sen. Bob Gardner. Under existing law, the state board of education is required to adopt an approved list of reading assessments, and the department of education is required to adopt advisory lists of literacy programming and professional development in literacy. With regard to the list of approved assessments and the advisory lists, the bill makes several changes.
  • HB 18-1431 – “Concerning Updating Managed Care Provisions in the Medical Assistance Program, and, in Connection Therewith, Aligning Managed Care Provisions with new Federal Managed Care Regulations, Removing Obsolete or Duplicative Statutory Language and Programs, and Updating and Aligning Statutory Provisions to Reflect the Current Statewide Managed Care System,” by Rep. Joann Ginal and Sen. Jim Smallwood. The bill amends, repeals, and relocates provisions of part 4 of article 5 of title 25.5, C.R.S., relating to managed care provisions under the medical assistance program to align with the federal ‘Medicaid and CHIP Managed Care Final Rule of 2016’, and to reflect the implementation of the accountable care collaborative as the statewide managed care system.
  • HB 18-1433 – “Concerning Modifications to the ‘Naturopathic Doctor Act,’ and, in Connection Therewith, Requiring a Naturopathic Doctor to Disclose that the Naturopathic Doctor is Registered and Updating the Terms that a Naturopathic Doctor May Use,” by Rep. Matt Gray and Sens. Jack Tate & Don Coram. As it relates to naturopathic doctors, the bill makes changes to terminology they may use.
  • SB 18-012 – “Concerning Including Military Enlistment as Part of the Postsecondary and Workforce Readiness Performance Indicator for Public Schools,” by Sen. Owen Hill and Rep. Brittany Pettersen. For purposes of determining the level of attainment of each public high school, each school district, the state charter school institute, and the state as a whole on the postsecondary and workforce readiness performance indicator for accreditation, the bill adds enlistment in the military within a year of graduation as a measure of performance.
  • SB 18-013 – “Concerning Expanding the Grades Eligible for the Child Nutrition School Lunch Protection Program, and, in Connection Therewith, Making an Appropriation,” by Sens. Rhonda Fields & Bob Gardner and Rep. Dafna Michaelson Jenet. Current law creates an annual appropriation to provide lunches at no charge to children in state-subsidized early childhood education programs administered by public schools or in kindergarten through fifth grade who would otherwise have to pay for a reduced-price lunch. The bill extends the grade of eligibility to eighth grade in schools that elect to participate in the expanded program.
  • SB 18-031 – “Concerning an Extension of the Title 12 Recodification Study Being Conducted by the Office of Legislative Legal Services, and, in Connection Therewith, Making an Appropriation,” by Sen. Bob Gardner and Rep. Mike Foote. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes. The law authorizing the study repeals on September 1, 2018. The bill extends the title 12 recodification study for one additional year, through September 1, 2019.
  • SB 18-033 – “Concerning the Continuation of the Animal Feeding Operation Permit Program under the Department of Public Health and Environment, and, in Connection Therewith, Making an Appropriation,” by Sen. Jerry Sonnenberg and Reps. Jeni James Arndt & Jon Becker. The bill replaces the July 1, 2018, repeal date for the department of public health and environment’s animal feeding operation permit program with a repeal date of July 1, 2025. The bill also extends the fees associated with the program at their current levels.
  • SB 18-056 – “Concerning Monetary Amounts in Civil Actions,” by Sen. Cheri Jahn and Reps. Pete Lee & Yeulin Willett. Under current law, a person may file a civil action in county court if the value of the claim is $15,000 or less. The bill increases that limit to $25,000 or less. The bill also changes the filing fees.
  • SB 18-108  – “Concerning the Issuance of Identification Documents under the ‘Colorado Road and Community Safety Act’ to Persons who are Not Lawfully Present in the United States, and, in Connection Therewith, Making an Appropriation,” by Sens. Larry Crowder & Don Coram and Reps. Jeni James Arndt & Jonathan Singer. Currently, a person who is not lawfully present in the United States may obtain a driver’s license or identification card if certain requirements are met. One of the requirements is that the person present a taxpayer identification card. The bill allows a person to present a social security number as an alternative to a taxpayer identification card. The bill allows the license or identification card to be reissued or renewed in accordance with the process used for other licenses and identification cards.
  • SB 18-119 – “Concerning False Imprisonment of a Minor, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Terri Carver and Rep. Adrienne Benavidez. The bill states that a person commits class 5 felony false imprisonment if he or she confines or detains another person less than 18 years of age by means of tying, locking, caging, chaining, or otherwise restricting that person’s freedom of movement by any instrumentality for an unreasonable amount of time under the circumstances.
  • SB 18-141 – “Concerning Voluntary Contribution Designations on the Colorado Individual Income Tax Return Form,” by Sen. Lois Court and Reps. James Wilson & Chris Hansen. The bill creates the donate to a Colorado nonprofit fund in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form.
  • SB 18-150 – “Concerning Measures to Facilitate Voter Registration of Individuals in the Criminal Justice System, and, in Connection Therewith, Making an Appropriation,” by Sens. Stephen Fenberg & Kevin Lundberg and Reps. Hugh McKean & Pete Lee. The bill allows a person on parole to preregister to vote. A person who preregisters is required to meet all the requirements of a person who registers.
  • SB 18-191 – “Concerning the Local Government Limited Gaming Impact Fund, and, in Connection Therewith Making an Appropriation,” by Sen. Bob Gardner and Reps. Terri Carver & Edie Hooten. The bill annually increases the amount of money credited to the limited gaming impact fund by an amount equal to the growth of the state share from the previous fiscal year.
  • SB 18-205 – “Concerning the Regulation of Industrial Hemp as an Agricultural Product, and, in Connection Therewith, Identifying the Unprocessed Seeds of Industrial Hemp as a Commodity under the ‘Commodity Handler Act’ and Industrial Hemp as a Farm Product under the ‘Farm Products Act,'” by Sens. Vicki Marble & Don Coram and Reps. Marc Catlin & Barbara McLachlin. 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’.
  • SB 18-208 – “Concerning the Creation of the Governor’s Mansion Maintenance Fund,” by Sen. Randy Baumgartner & John Kefalas and Reps. Daneya Esgar & Chris Hansen. The bill creates the governor’s mansion maintenance fund, which is comprised of the money generated from the mansion’s operation, such as rental fees.
  • SB 18-209 – “Concerning Modifications to the Government Data Advisory Board Created in the Office of Information Technology,” by Sens. Beth Martinez Humenik & Nancy Todd and Reps. Dan Thurlow & Dan Pabon. The government data advisory board (board) was created in the office of information technology to advise and provide recommendations to the chief information officer regarding interdepartmental data protocol and best practices in sharing and protecting data in state government. The bill modifies the definition of interdepartmental protocol to reflect current practice. The bill also modifies the composition of the board to include a representative from each state agency and to remove members of the education data subcommittee from the board.
  • SB 18-210 – “Concerning the Regulation of Real Estate Appraisal Management Companies, and, in Connection Therewith, Aligning State Law with Current Federal Law and Regulations,” by Sen. Jack Tate and Reps. Jeni James Arndt & Edie Hooten. The bill amends the definition of ‘appraisal management company’ to contain all of the elements specified in recent amendments to Title XI of the federal ‘Financial Institutions Reform, Recovery, and Enforcement Act of 1989’ (FIRREA) and regulations adopted in furtherance of FIRREA. Section 1 also adds a definition of ‘appraiser panel’ to include appraisers working as independent contractors.
  • SB 18-213 – “Concerning Requiring Local School Districts to Recognize Academic Credits Earned by Students in the Custody of the Division of Youth Services,” by Sen. Beth Martinez Humenik and Rep. Leslie Herod. Under current law, when a student in out-of-home placement transfers from one school to another school, the sending school must certify to the receiving school or school district the course work that the student has fully or partially completed while enrolled at the school. The bill requires receiving schools and school districts to follow the same procedures for a student who transfers to a school or school district from a division of youth services placement.
  • SB 18-233 – “Concerning Technical Modifications to Miscellaneous Provisions of the ‘Uniform Election Code of 1992,’ and, in Connection Therewith, Making an Appropriation,” by Sens. Vicki Marble & Stephen Fenberg and Reps. Mike Foote & Patrick Neville. The bill makes several technical modifications to miscellaneous provisions of the ‘Uniform Election Code of 1992.’
  • SB 18-235 – “Concerning the Creation of the Colorado Industrial Hemp Research and Development Authority,” by Sen. Don Coram and Rep. Jeni James Arndt. The bill creates the Colorado industrial hemp research and development task force to study whether to develop an industrial hemp research and development authority to develop, fund, and promote educational, research, and development programs and collaborative efforts concerning industrial hemp.
  • SB 18-239 – “Concerning a Licensed Chiropractor’s Ability to Perform Animal Chiropractic on an Animal Patient,” by Sen. Vicki Marble and Reps. Jeni James Arndt & James Wilson. Under current law, a licensed chiropractor must obtain a veterinary medical clearance from a licensed veterinarian before performing an animal chiropractic act that falls within the chiropractor’s scope of practice on an animal patient. The bill removes the veterinary medical clearance requirement for licensed chiropractors who have successfully completed 9 hours of course work related to contagious, infectious, and zoonotic diseases.
  • SB 18-253 – “Concerning the Effective Date to Transition the Department of Revenue’s CSTARS Account to the Department of Revenue’s DRIVES Vehicle Services Account,” by Sen. Kent Lambert and Rep. Dave Young. The bill establishes a uniform date of July 1, 2019, to transition the department of revenue’s Colorado state titling and registration (CSTARS) account to the department of revenue’s DRIVES vehicle services account. The bill also delays for one year the corresponding statutory repeal dates.
  • SB 18-262 – “Concerning Targeted Funding for Public Institutions of Higher Education to Help Achieve the Colorado Commission on Higher Education Master Plan Goals, and, in Connection Therewith, Making an Appropriation,” by Sen. Bob Gardner and Reps. Crisanta Duran & Jeff Bridges. The bill makes appropriations to the department of higher education for need-based grants, student stipends, fee-for-service contracts with institutions of higher education, local district college grants, and area technical colleges.
  • SB 18-266 – “Concerning Controlling Costs under the ‘Colorado Medical Assistance Act, and, in Connection Therewith, Using Data and Technology, Creating a Hospital Review Program, and Making and Reducing an Appropriation,” by Sen. Kevin Lundberg and Rep. Dave Young. The bill directs the Department of Health Care Policy and Financing to provide information to providers participating in the accountable care collaborative.
  • SB 18-268 – “Concerning the Scope of the Authority of the Department of Transportation to Award a Design Bid Build Highway Project Contract in an Amount that Exceeds the Estimate of the Department on the Project,” by Sens. Ray Scott & Dominick Moreno and Reps. Barbara McLachlin. If there are fewer than 3 bidders on a design bid build highway project, a provision of current law generally prohibits the department of transportation (CDOT). The bill authorizes a designee of the executive director to award such a contract.

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

Bills Signed to Improve Employment Opportunities for Disabled People, Continuing Civil Rights Division and Commission, and More

Since Friday, May 18, 2018, Governor Hickenlooper has signed 22 bills into law. To date, he has signed 251 bills and sent two to the Secretary of State without a signature. Some of the bills signed this week include a bill to continue the Colorado Civil Rights Division and Commission, a bill to implement “employment first” recommendations regarding people with disabilities, a bill extending and renaming the affordable housing tax credit, a bill allowing for equipment grants for rural fire departments, and more. The bills signed since Friday are summarized here.

Friday, May 18

  • HB 18-1319 – “Concerning the Extension of Services for a Successful Adulthood for Former Foster Care Youth who are Between the Ages of Eighteen Years and Twenty-one Years, and, in Connection Therewith, Making an Appropriation,” by Reps. Jonathan Singer & Dave Young and Sen. Bob Gardner. The bill allows county departments of human or social services to extend the provision of certain services for a successful adulthood to foster care youth between the ages of 18 and 21 who have exited the foster care system, including assistance with employment, housing, education, financial management, mental health care, and substance abuse treatment.
  • HB 18-1400 – “Concerning an Increase in Fees Paid by Stationary Sources of Air Pollutants, and, in Connection Therewith, Prioritizing the Use of the Revenues Generated by the Fee Increases to Reduce Permit Processing Times and Making an Appropriation,” by Reps. KC Becker & Hugh McKean and Sens. Cheri Jahn & Ray Scott. The bill increases statutory caps on the fees paid by stationary sources of air pollutants.
  • SB 18-039 – “Concerning the Wildfire Matters Review Committee, and, in Connection Therewith, Deferring the Date on which the Committee is Scheduled to Repeal and Making an Appropriation,” by Sens. Matt Jones & John Cooke and Reps. Tony Exum & Dan Thurlow. The wildfire matters review committee (WMRC) is currently scheduled to repeal on July 1, 2018. The bill defers the repeal date to September 1, 2025.
  • SB 18-145 – “Concerning the Implementation of Employment First Advisory Partnership Recommendations to Advance Competitive Integrated Employment for Persons with Disabilities, and, in Connection Therewith, Making an Appropriation,” by Sen. John Kefalas and Rep. Joann Ginal. The bill requires the Department of Labor and Employment and the State Medical Services Board in the Department of Health Care Policy and Financing to promulgate rules that require all providers of supported employment services for persons with disabilities to obtain a nationally recognized supported employment training certificate or earn a nationally recognized supported employment certification relating to supported employment services.
  • SB 18-254 – “Concerning Reforms to Child Welfare Services, and, in Connection Therewith, Making and Reducing an Appropriation,” by Sens. Kent Lambert & Dominick Moreno and Reps. Dave Young & Bob Rankin. The bill addresses numerous reforms to the funding structure for the state’s child welfare services.

Monday, May 21

  • HB 18-1003 – “Concerning Measures to Prevent Opioid Misuse in Colorado, and, in Connection Therewith, Making an Appropriation,” by Rep. Brittany Pettersen and Sens. Cheri Jahn & Kevin Priola. The bill establishes in statute the opioid and other substance use disorders study committee, consisting of 5 senators and 5 representatives from the General Assembly, and provides for tasks for the committee to address.
  • HB 18-1007 – “Concerning Payment Issues Related to Substance Use Disorders,” by Reps. Chris Kennedy & Jonathan Singer and Sens. Kent Lambert & Cheri Jahn. The bill requires all individual and group health benefit plans to provide coverage without prior authorization for a five-day supply of at least one of the federal food and drug administration-approved drugs for the treatment of opioid dependence for a first request within a 12-month period.
  • HB 18-1360 – “Concerning the Expansion of the Number of Directors on the Board of Directors of the State Historical Society,” by Reps. Faith Winter & Polly Lawrence and Sens. Beth Martinez Humenik & Nancy Todd. The bill increases the number of directors of the Board of the State Historical Society from 9 to 13.
  • SB 18-022 – “Concerning Clinical Practice Measures for Safer Opioid Prescribing,” by Sens. Jack Tate & Irene Aguilar and Reps. Brittany Pettersen & Chris Kennedy. The bill restricts the number of opioid pills that a health care practitioner, including physicians, physician assistants, advanced practice nurses, dentists, optometrists, podiatrists, and veterinarians, may prescribe for an initial prescription to a seven-day supply and allows each health care practitioner to exercise discretion to include a second fill for a seven-day supply, with certain exceptions.
  • SB 18-024 – “Concerning Modifications to the Colorado Health Service Corps Program Administered by the Department of Public Health and Environment to Expand the Availability of Behavioral Health Care Providers in Shortage Areas in the State, and, in Connection Therewith, Making an Appropriation,” by Sens. Cheri Jahn & Jack Tate and Reps. Brittany Pettersen & Jonathan Singer. The bill modifies the Colorado health service corps program administered by the primary care office in the Department of Public Health and Environment.
  • SB 18-270 – “Concerning Establishing a Statewide Program to Coordinate Referrals of High-risk Individuals in Need of Behavioral Health Transition Services, and, in Connection Therewith, Making an Appropriation,” by Sens. Cheri Jahn & Tim Neville and Reps. Brittany Pettersen & Cole Wist. The bill establishes the community transition specialist program in the office of behavioral health in the Department of Human Services. The program coordinates referrals of high-risk individuals to transition specialists by certain behavioral health facilities and programs. High-risk individuals are under an emergency or involuntary hold, have a significant mental health or substance use disorder, and are not in consistent behavioral health treatment.

Tuesday, May 22

  • HB 18-1208 – “Concerning the Expansion of the Income Tax Credit for Child Care Expenses that is a Percentage of a Similar Federal Income Tax Credit,” by Reps. Crisanta Duran & Faith Winter and Sen. Beth Martinez Humenik. The bill expands the state child care income tax credit by allowing a resident individual with an AGI that is less than or equal to $150,000 to claim a credit that is equal to 80% of the individual’s federal credit.
  • HB 18-1255 – “Concerning the Creation of a Childhood Cancer Awareness License Plate, and, in Connection Therewith, Making an Appropriation,” by Reps. Crisanta Duran & Terri Carver and Sens. John Cooke & John Kefalas. The bill creates the childhood cancer awareness license plate. A person becomes eligible to use the plate by providing a certificate confirming that the person has made a donation to an organization chosen by the Department of Revenue based on the organization’s assistance to children with cancer.
  • HB 18-1256 – “Concerning Continuation of the Regulation of Civil Rights Issues, and, in Connection Therewith, Implementing the Recommendation in the Department of Regulatory Agencies’ 2017 Sunset Review and Report on the Colorado Civil Rights Division and the Colorado Civil Rights Commission to Continue the Division and Commission and Making an Appropriation,” by Reps. Crisanta Duran & Leslie Herod and Sen. Bob Gardner. The bill implements the recommendation of the Department of Regulatory Agencies in its sunset review of the Colorado Civil Rights Division and the Colorado Civil Rights Commission to continue the Commission and the Division and their respective functions for 9 years, through September 1, 2027.

Wednesday, May 23

  • HB 18-1008 – “Concerning the Financing of the Division of Parks and Wildlife’s Aquatic Nuisance Species Program, and, in Connection Therewith, Creating an Aquatic Nuisance Species Stamp for the Operation of Motorboats and Sailboats in Waters of the State, Increasing Penalties Related to the Introduction of Aquatic Nuisance Species into the Waters of the State, and Combining Two Separate Funds Related to the Aquatic Nuisance Species Program into One Fund,” by Reps. Daneya Esgar & Jeni James Arndt and Sens. Don Coram & Kerry Donovan. The bill updates a legislative declaration concerning aquatic nuisance species to encourage the federal government to dedicate sufficient funding and resources to the detection, prevention, control, and eradication of aquatic nuisance species for federally owned or managed aquatic resources and water infrastructure in Colorado, and makes other changes.
  • HB 18-1423 – “Concerning Grants to Provide Equipment to Rural Fire Protection Districts,” by Reps. Donald Valdez & Larry Liston and Sens. Leroy Garcia & Larry Crowder. The division of fire prevention and control in the department of public safety is currently authorized to use money in the local firefighter safety and disease prevention fund to provide grants for equipment and training to increase firefighter safety and prevent occupation-related diseases. The bill transfers $250,000 from the general fund to be used for these purposes.
  • 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. Stephen Fenberg & Don Coram and Reps. Jeni James Arndt & James Wilson. The bill makes several statutory changes concerning hunting and fishing, including raising the amount of residential and nonresidential license fees, stamp fees, and surcharges for certain hunting and fishing activities.

Thursday, May 24

  • SB 18-042 – “Concerning the Creation of the Agricultural Workforce Development Program, and, in Connection Therewith, Making an Appropriation,” by Sens. Kerry Donovan & Larry Crowder and Reps. Marc Catlin & Barbara McLachlin. The bill requires the commissioner of agriculture to create, by rule, the agricultural workforce development program to provide incentives to agricultural businesses to hire interns. Qualified agricultural businesses may be reimbursed an amount not to exceed 50% of the actual cost of hiring a qualified intern. The rules must include specified criteria for qualifying businesses and interns participating in the program. Qualified internships must include at least 130 hours of work experience and cannot exceed 6 months in duration. The program is repealed on July 1, 2024.
  • SB 18-066 – “Concerning an Extension of the Operation of the State Lottery Division Beyond July 1, 2024,” by Sens. Jerry Sonnenberg & Leroy Garcia and Reps. Jeni James Arndt & Cole Wist. The bill extends the scheduled termination on July 1, 2024, of the state lottery division in the Department of Revenue to July 1, 2049.
  • SB 18-085 – “Concerning Providing Financial Incentives for Educators to Work in Rural Areas, and, in Connection Therewith, Making an Appropriation,” by Sen. Nancy Todd and Rep. Barbara McLachlan. Current law allows the Department of Higher Education to provide up to 20 financial stipends annually, not to exceed $6,000 each, to teachers in rural schools or school districts who are seeking certification as a national board certified teacher, seeking certification as a concurrent enrollment teacher, or furthering their professional development plan through continuing education, and who commit to employment in a rural school for a minimum of 3 years. The bill increases the number of available stipends to 60 and expands it to include teachers completing an approved alternative licensure program leading to initial licensure and full-time employment in a rural school or school district that serves rural schools and individuals completing the required course work leading to certification and employment in a rural school or a rural school district that serves rural schools.
  • SB 18-229 – “Concerning Criminal History Record Checks for Educator Preparation Program Students Seeking Field Experiences in Schools, and, in Connection Therewith, Making an Appropriation,” by Sen. Beth Martinez Humenik and Reps. Kim Ransom & Barbara McLachlan.  The bill permits a student in an educator preparation program who is seeking field experiences in a school to submit his or her fingerprints to the Colorado Bureau of Investigation for the purpose of performing a fingerprint-based criminal history record check for the student. Upon completion of the fingerprint-based criminal history record check, the bureau must forward the results to the Department of Education. If the fingerprint-based criminal history record check of a student performed pursuant to this section reveals a record of arrest without a disposition, the department is required to perform a name-based criminal history record check of that student.

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

Colorado Court of Appeals: ICWA Requires Notice to BIA in State with No Designated Tribal Agents

The Colorado Court of Appeals issued its opinion in People in Interest of I.B.-R. on Thursday, May 17, 2018.

Dependency and Neglect—Indian Child Welfare Act Notice—Bureau of Indian Affairs.

In this dependency and neglect proceeding, J.S.R. is the father of one of the four children. He told the Weld County Department of Human Services (Department) that he had Cherokee heritage on his father’s side and his lineage descended from a tribe in Arkansas, but he did not know which tribe. The Department did not notify any tribe or the Bureau of Indian Affairs (BIA) of the dependency and neglect proceeding. Following the filing of their motion to terminate parental rights, the Department sent notice of the termination proceedings to the three federally recognized Cherokee Tribes. Each responded that the child was not a member or eligible for membership. The Department also notified the BIA, but did not mention J.S.R.’s reported affiliation to an unknown tribe in Arkansas. No further inquiry was made and all three parents’ parental rights were terminated.

On appeal, J.S.R. contended that the trial court and the Department did not comply with the Indian Child Welfare Act of 1978 (ICWA) after he asserted Native American heritage. He argued the Department failed to comply with the ICWA’s notice requirements because it did not send notice to any tribes in Arkansas. ICWA-implementing legislation in Colorado requires that in dependency and neglect proceedings, the petitioning party must make continuing inquiries to determine whether the child is an Indian child. When there is reason to know or believe that a child involved in a child custody proceeding is an Indian child, the petitioning party must send notice of the proceeding to the potentially concerned tribe or tribes. The BIA publishes a list of designated tribal agents for service of ICWA notice in the Federal Register each year. There are no federally recognized tribes with designated tribal agents in Arkansas. If the identity or location of a tribe cannot be determined, notice must be given to the BIA. While the ICWA does not require courts or departments of human services to find tribal connections from vague information, it was the BIA’s burden to research whether there could be a tribal connection in Arkansas. However, the notice in this case did not alert the BIA that J.S.R. had reported a tribal connection to Arkansas, so it had no reason to conduct such an investigation.

The case was remanded with detailed directions to proceed with ICWA compliance.

Summary provided courtesy of Colorado Lawyer.

Bills Signed Changing Revenge Pornography Crimes, Amending Laws Related to Bicycles Approaching Intersections, and More

On Thurdsay, May 3, 2018, Governor Hickenlooper signed seven bills into law. To date, he has signed 211 bills and sent two to the Secretary of State without a signature. The bills signed Thursday include a bill changing the laws concerning revenge pornography crimes, a bill requiring state agencies to conduct analyses to determine which businesses are not complying with their rules, a bill permitting municipalities to adopt rules concerning bicycles approaching intersections, and more. The bills signed Thursday are summarized here.

  • SB 18-132 – “Concerning a Waiver of Federal Law to Permit Insurance Carriers to Offer Catastrophic Health Plans to Any Individual Residing in Colorado, and, in Connection Therewith, Making an Appropriation,” by Sen. Jim Smallwood and Rep. Chris Kennedy. The bill requires the commissioner of insurance to conduct an actuarial analysis to determine if the sale of catastrophic health plans to Colorado residents 30 years of age and older and not meeting a hardship requirement would result in a reduction in advanced premium tax credits received by Colorado residents or increase the average premiums of individual health plans.
  • SB 18-144 – “Concerning the Regulation of Bicycles Approaching Intersections,” by Sen. Andy Kerr and Reps. Yeulin Willett & Chris Hansen. The bill permits a municipality or county to adopt a local ordinance or resolution regulating the operation of bicycles approaching intersections with stop signs or illuminated red traffic control signals. Under a local regulation, a bicyclist approaching a stop sign must slow to a reasonable speed and, when safe to do so, may proceed through the intersection without stopping. A bicyclist approaching an illuminated red traffic control signal must stop at the intersection and, when safe to do so, may proceed through the intersection.
  • SB 18-177 – “Concerning Procedures when Certain Private Schools Cease Operations,” by Sens. Kevin Priola & Nancy Todd and Reps. Jeff Bridges & Lang Sias. Under existing law, private occupational schools and certain private degree-granting schools are required to provide a bond or other form of surety that is used to facilitate transfer or to provide tuition and fee reimbursement for students in the event that the school closes. When a private occupational school closes, that school’s records must be maintained by the private occupational school board in the Division of Private Occupational Schools. The bill allows the Department of Education to make a claim on a surety bond for reimbursement of actual administrative costs associated with a school closure.
  • HB 18-1193 – “Concerning the Advanced Placement Incentives Pilot Program, and, in Connection Therewith, Making an Appropriation,” by Reps. James Wilson & Barbara McLachlin and Sens. Ray Scott & Rachel Zenzinger. The bill extends the pilot program three years. It requires the Department of Education to report the number of students in the pilot program who enrolled in advanced placement courses during the prior school year and to collect disaggregated data from the advanced placement exam vendor to capture the performance of students who are participating in the pilot program on the end-of-course advanced placement exams.
  • HB 18-1250 – “Concerning an Analysis to Improve Compliance with Departmental Rules by Regulated Businesses,” by Reps. Tracy Kraft-Tharp & Lang Sias and Sen. Kevin Priola. The bill equires each state agency to conduct an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and what factors contribute to noncompliance by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department’s rules.
  • HB 18-1257 – “Concerning a Correction to House Bill 16-1316 by Reinserting the Word ‘Not,'” by Rep. Paul Rosenthal and Sen. John Cooke. House Bill 16-1316 amended the venue statute for transferring child welfare proceedings between counties and inadvertently struck the word ‘not’ in one sentence. Due to this error, courts are not allowed to transfer child welfare proceedings between counties after adjudication even though the intent of House Bill 16-1316 was to allow post-adjudication transfers. The bill reinserts the word ‘not’ to allow such transfers.
  • HB 18-1264 – “Concerning Measures to Clarify the Scope of Revenge Porn Criminal Offenses,” by Reps. Dominique Jackson & Terri Carver and Sens. John Cooke & Rhonda Fields. Currently, Colorado criminalizes posting nude images of another person for harassment purposes or for pecuniary gain. The bill adds images of sex acts that may not include nude images, removes the requirement that the defendant intend to inflict serious emotional distress removes as an exception to the crimes that the image relates to a newsworthy event, and clarifies that the images subject to the crimes may be disclosed by law enforcement personnel, human or social services personnel, prosecutors, and court personnel in the course of their normal business.

For a complete list of the governor’s 2018 legislative actions, click here.