December 13, 2018

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 Requiring Commercial Drivers to Receive Training in Human Trafficking Prevention, Modifying Water Court Process for Substitute Water Rights, and More

On Thursday, April 12, 2018, Governor Hickenlooper signed 23 bills into law. To date, he has signed 149 bills and sent one to the Secretary of State without a signature. Some of the bills signed Thursday include a bill allowing a water court process for mitigation measures, a bill requiring commercial drivers to receive training on prevention of human trafficking, a bill authorizing insurers’ agents to access the electronic motor vehicle title database, and more. The bills signed Thursday are summarized here.

  • SB 18-011 – “Concerning Treatment of Students who are Excused by their Parents from Participating in State Assessments,” by Sens. Chris Holbert & Andy Kerr and Reps. Tracy Kraft-Tharp & Paul Lundeen. The bill clarifies procedures for parents who excuse their children from taking state assessments and students whose parents excuse them from testing shall still be allowed to receive rewards designed for students who complete the assessments.
  • SB 18-079 – “Concerning Classifying Sake as a Vinous Liquor for the Purposes of the ‘Colorado Liquor Code,'” by Sen. Lucia Guzman and Rep. Dan Pabon. The bill classifies sake as a vinous liquor (wine) for the purposes of the “Colorado Liquor Code.”
  • 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.
  • SB 18-106 – “Concerning Obsolete Statutory Provisions Related to a Local Government’s Pledging of Sales or Use Tax Revenues to Pay for Revenue Bonds Issued for the Purpose of Financing Capital Improvements,” by Sen. Jack Tate and Rep. Don Thurlow. Current law specifies that a county, city, or incorporated town may include the creation of a sales and use tax capital improvement fund (special fund) when the county, city, or incorporated town seeks voter approval to levy a sales or use tax. The creation of the special fund does not have a purpose for a county, city, or incorporated town post-TABOR because the question of using sales or use tax revenues for financing capital improvements is asked when the county, city, or incorporated town seeks voter approval for the bond issuance. Thus, the language regarding the creation of the fund is unnecessary.
  • SB 18-110 – “Concerning the Repeal of the Requirement that Each State Agency Annually Report the Amount of Federal Money it Received in the Prior Fiscal Year,” by Sen. Jack Tate and Rep. Jeni James Arndt. During the 2017 legislative session, the statutory revision committee put forth House Bill 17-1058, which, in part, repealed a requirement that the state controller submit to the general assembly a report of all federal money received by state agencies during the prior fiscal year. State agencies are still required to submit an annual report to the state controller of all federal moneys received by the state agency in the prior fiscal year for the state controller’s use in preparing the report for the general assembly.The bill repeals the state agency reporting requirement as the state controller is no longer required to prepare a report for the general assembly.
  • SB 18-127 – “Concerning the Repeal of the Department of Revenue’s Requirement to Publish an Historical Explanation of Income Tax Rate Modifications Enacted in the State on Every Income Tax Return Form,” by Sen. Beth Martinez Humenik and Rep. Dan Thurlow. The bill repeals the requirement that the Executive Director of the Department of Revenue publish an historical explanation of income tax rate modifications enacted in the state on every income tax return form.
  • SB 18-129 – “Concerning the Nonsubstantive Reorganization of the Law Exempting from State Sales Tax Certain Drugs and Medical and Therapeutic Devices,” by Sen. Dominick Moreno and Rep. Jeni James Arndt. The bill makes several modifications to the laws exempting certain drugs and medical devices from sales tax.
  • SB 18-136 – “Concerning Fees for Advising Clients About the Selection of an Individual Health Benefit Plan,” by Sen. Tim Neville and Reps. Tracy Kraft-Tharp & Lang Sias. The bill allows an insurance producer or broker advising a client on individual health benefit plans to charge the client a fee if the producer or broker does not receive a commission related to the individual health benefit plan selected by the client and if the producer or broker discloses in writing the fee to the client.
  • SB 18-161 – “Concerning Repeal of the Behavioral Health Transformation Council,” by Sen. Jim Smallwood and Reps. Tracy Kraft-Tharp & Lois Landgraf. The bill repeals the behavioral health transformation council.
  • SB 18-162 – “Concerning Substitute Child Care Providers,” by Sen. Beth Martinez Humenik and Reps. Janet Buckner & James Wilson. The bill creates a license within the Department of Human Services for a substitute placement agency that places or that facilitates or arranges placement of substitute child care providers in licensed child care facilities providing less than 24-hour care.
  • SB 18-170 – “Concerning a Water Court Process by Which an Owner of a Storage Water Right Allowing Water to be Stored in New Reservoir Capacity may Release Water into an Identified Stream Reach in a Manner that Protects the Water Releases while Complying with Mitigation Measures Identified in a Fish and Wildlife Mitigation Plan Approved by the Colorado Water Conservation Board,” by Sen. Jerry Sonnenberg and Reps. Chris Hansen & Hugh McKean. The bill establishes a water court process by which an owner of a water storage right allowing water to be stored in a newly constructed reservoir or an enlarged existing reservoir may comply with the mitigation measures identified in a mitigation plan by contracting with the board.
  • SB 18-172 – “Concerning Testing of Horse Racing Licensees for the Presence of Prohibited Substances,” by Sen. Bob Gardner and Rep. Pete Lee. The bill adds to the responsibilities of the Colorado racing commission the protection of all participants, human and animal, involved in horse racing.
  • SB 18-176 – “Concerning Changes to the Requirements for Meeting Dates for the Board of the Southwestern Water Conservation District,” by Sen. Don Coram and Reps. Barbara McLachlin & Marc Catlin. The bill requires the Board of the Southwestern Water Conservation District to meet once every three months and makes amendments to the terms of the board members and board president.
  • SB 18-182 – “Concerning the Authority to Allocate a Portion of the Source Market Fee to Statutorily Authorized Purse Funds,” by Sens. Don Coram & Lucia Guzman and Reps. Marc Catlin & Jeni James Arndt. Current law requires persons outside of Colorado who accept wagers from residents of Colorado on simulcast horse racing events to be licensed in Colorado and to pay a source market fee into the racing cash fund. The bill authorizes the Director of the Division of Racing Events to allocate a portion of the source market fee to be paid to any horse purse trust fund established pursuant to existing law, if necessary, to maintain a sustainable and competitive purse structure in Colorado.
  • SB 18-183 – “Concerning Authorizing Agents of Insurers to Access the Electronic System that Insurers Access for Owner and Lienholder Information of a Motor Vehicle,” by Sen. Jack Tate and Reps. Jeni James Arndt & Larry Liston. Current law authorizes the creation and maintenance of an electronic system that vehicle towers, insurers, and salvage pools may use to access motor vehicle title records if the vehicle is insured or possessed by those entities. The bill allows an agent of an insurer to use the system in the same circumstances.
  • SB 18-184 – “Concerning a New Permit for the Short-term Extraction of Construction Materials,” by Sen. Don Coram and Reps. Hugh McKean & Daneya Esgar. The bill creates a new class of limited impact construction materials permits for one-time activities that produce construction materials as a by-product and are not intended to be ongoing mining operations and authorizes an application fee of $400 for the permit and an annual fee of $200.
  • HB 18-1017 – “Concerning the Adoption of an Interstate Compact to Allow a Person Authorized to Practice Psychology in a Compact State in Which the Person is not Licensed, and, in Connection Therewith, Making an Appropriation,” by Rep. Dafna Michelson Jenet and Sens. Bon Gardner & Stephen Fenberg. The bill enacts the ‘Psychology Interjurisdictional Compact Act’ allowing psychologists licensed in any compact state to provide telepsychology services to clients in any other compact state, or temporary in-person client services in any compact state not exceeding 30 days in a calendar year.
  • HB 18-1018 – “Concerning a Requirement that Education to Prevent Human Trafficking be Included in the Training to Obtain a Commercial Driver’s License,” by Reps. Terri Carver & Dominique Jackson and Sens. Rachel Zenzinger & John Cooke. The bill requires that the training to obtain a commercial driver’s license to drive a combination vehicle contain education to prevent human trafficking if the training is conducted in a driving school. The department must also publish information about human trafficking for commercial driver’s license holders and trainees.
  • HB 18-1049 – “Concerning the Department of Human Services’ Authority to Continue to Lease Portions of the Grand Junction Regional Center Campus to Third-party Behavioral Health Providers,” by Rep. Dan Thurlow and Sen. Ray Scott. The Department of Human Services currently leases portions of the Grand Junction regional center campus to third-party behavioral health providers. The bill authorizes the Department to continue such leases until June 30, 2020, and each party to such lease may terminate the lease early provided that the terminating party provide the other party with 90 days notice before vacating the property or requiring the property to be vacated.
  • HB 18-1056 – “Concerning the Statewide Standard Health History Form that Members of the Fire and Police Pension Association Complete when Commencing Employment,” by Reps. Kevin Van Winkle & Dave Williams and Sen. John Cooke. Every member of the fire and police pension association (FPPA), at the commencement of employment, is required to complete a health history on a statewide standard health history form. The bill clarifies several aspects of the form.
  • HB 18-1078 – “Concerning Court Programs for Defendants who have Served in the Armed Forces,” by Reps. Lois Landgraf & Tony Exum and Sen. Bob Gardner. Under current law, the chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. The bill states that, in establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. The bill requires a court, in determining whether to issue an order to seal criminal records of a petitioner who has successfully completed a veterans treatment program, to consider such factor favorably in making the determination.
  • HB 18-1154 – “Concerning Consumer Protections Relating to a Solicitation to Provide a Copy of a Public Record for a Fee,” by Reps. Edie Hooten & Kevin Van Winkle and Sen. Cheri Jahn. The bill requires a person who solicits a fee for providing a copy of a deed or deed of trust to give a copy of the document that will be used for the solicitation to each county clerk and recorder where the solicitation is to be distributed; not charge a fee of more than 4 times the amount charged by the county clerk and recorder; and include specified disclosures.
  • HB 18-1239 – “Concerning Continuation under the Sunset Law of the Environmental Management System Permit Program, and, in Connection Therewith, Implementing the Recommendations of the Sunset Report by the Department of Regulatory Agencies by Allowing the Program to Repeal,” by Rep. Lois Landgraf and Sen. Ray Scott. The bill implements the recommendations of the sunset review and report on the environmental management system permit program by allowing the program to repeal.

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