July 20, 2018

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.

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

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

  • SB 18-076 – “Concerning a Ban on Vote Trading,” by Sen. Kevin Lundberg and Rep. Jovan Melton. The bill makes it a misdemeanor criminal offense for a person to trade a vote or offer to trade a vote with another elector in this state or a person in another state in exchange for the other person’s vote for or against a particular candidate, ballot issue, or ballot question.
  • SB 18-143 – “Concerning Measures to Increase Revenue for the Parks and Wildlife Division, and, in Connection Therewith, Setting Certain Hunting, Fishing, Parks, and Recreation Fees,” by Sens. Steven Fenberg & Don Coram and Reps. Jeni James Arndt & James Wilson. The bill makes several changes to the statutes in the “Hunting, Fishing, and Parks for Future Generations Act.”
  • SB 18-178 – “Concerning the Definition of Similar Coverage for Workers’ Compensation for Certain Operators of Commercial Vehicles,” by Sen. Jim Smallwood and Rep. Tracy Kraft-Tharp. Current law requires independent operators of commercial vehicles to have workers’ compensation or a private insurance policy that provides similar coverage. The bill changes ‘private insurance policy’ to ‘occupational accident coverage insurance policy’ and specifies the requirements for when such a policy may be considered as providing similar coverage.
  • SB 18-207 – “Concerning Authority for the Department of Human Services to Retain Amounts from Certain Cash Funds for its Indirect Costs,” by Sen. Dominick Moreno and Rep. Bob Rankin. The bill authorizes the department of human services to retain money for its indirect costs, based on a federally approved cost allocation plan, from the older Coloradans cash fund and the nurse home visitor program fund.
  • HB 18-1040 – “Concerning Incentives for Provision of Sex Offender Services in the Department of Corrections,” by Rep. Adrienne Benavidez and Sen. Rhonda Fields. The bill requires the department of corrections to monitor the number of inmates who need sex offender treatment or services and the number who are not receiving such treatment or services, develop an incentive plan to contract for more mental health professionals to provide sex offender treatment or services in difficult-to-serve geographic areas, and report to the joint budget committee the number of inmates needing treatment or services, the number not receiving the treatment or services, and the impact of the incentive plan.
  • HB 18-1235 – “Concerning the Continuation of the Regulation of Custom Meat Processors, and, in Connection Therewith, Implementing the Recommendations of the 2017 Sunset Report of the Department of Regulatory Agencies,” by Reps. Chris Hansen & Hugh McKean and Sen. Ray Scott. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review and report on the ‘Custom Processing of Meat Animals Act.’
  • HB 18-1240 – “Concerning the Continuation of a Grant Program to Prevent Motor Vehicle Theft, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies,” by Reps. Jeff Bridges & Jon Becker and Sen. John Cooke. The bill continues the automobile theft prevention authority and the automobile theft prevention board until 2029.
  • HB 18-1265 – “Concerning the Continuation of the Stroke Advisory Board in Accordance with the Recommendation in the Department of Regulatory Agencies’ 2017 Sunset Report,” by Reps. Susan Lontine & Susan Beckman and Sen. Larry Crowder. The Bill implements the recommendation in the department of regulatory agencies’ sunset review of the stroke advisory board by continuing the board but imposes a 10-year sunset period rather than continuing the board indefinitely, as was recommended.
  • HB 18-1268 – “Concerning the Procedures to Recall a Director of a Special District,” by Rep. Matt Gray and Sen. Bob Gardner. The bill requires the court as defined for the special district to appoint a designated election official to oversee the recall election. The director and the director’s spouse or civil union partner cannot serve as the DEO. The bill requires that recall petitions must be approved as to form by the DEO before being circulated.
  • HB 18-1305 – “Concerning a Voluntary Contribution Designation Benefiting the Young Americans Center for Financial Education Fund that Appears on the State Individual Tax Return Forms,” by Reps. James Coleman & Patrick Neville and Sen. Tim Neville. The bill creates the Young Americans Center for Financial Education fund in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form for the 5 income tax years following the year that the executive director of the Department of Revenue certifies to the revisor of statutes that there is space on the form and the fund is next in the queue.
  • HB 18-1329 – “Concerning a Supplemental State Payment to Qualified Providers of Durable Medical Equipment who Experienced a Decrease in Reimbursement in the 2017-18 State Fiscal Year as a Result of the Implementation of the Federal ’21st Century Cures Act,’ and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sen. Dominick Moreno. The bill authorizes a supplemental payment of state-only money to qualified providers of durable medical equipment who experienced a decrease in reimbursement in the 2017-18 state fiscal year as a result of the implementation of the federal ’21st Century Cures Act.’
  • HB 18-1338 – “Concerning Transfers to Address the Reduction of Revenues in the Severance Tax Operational Fund,” by Rep. Bob Rankin and Sen. Kent Lambert. Under current law, money is transferred from the severance tax operational fund to certain cash funds to benefit programs that are commonly referred to as the tier 2 programs. On June 30, 2018, the bill requires the state treasurer to transfer money to the operational fund from specified cash funds to recoup money that was previously transferred in this fiscal year for tier 2 programs.

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