Colorado 2025 Bills

Greenhouse Gas Pollution Impact In Fiscal Notes

Greenhouse gas emissions reports on bills - process for requesting - content of reports - appropriation. Beginning with the 2020 legislative session, the staff of the legislative council are required to prepare greenhouse gas emissions reports (reports) on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 reports each, or more at the discretion of the director of research of the legislative council. When a member of leadership requests a report, the staff of the legislative council must meet with the requesting member and the sponsor of the bill to discuss whether a report can practically be completed for that bill. If not, the member of leadership may request a report on a different bill, within the limits specified in the act. A greenhouse gas emissions report is defined as a report that uses available data to assess whether a legislative measure is likely to directly cause a net increase or decrease in greenhouse gas pollution in the 10-year period following its enactment. The report must identify new sources of emissions, any increase or decrease in emissions from existing sources, and any impact on sequestration, but is not required to quantify the magnitude of the impact. Greenhouse gas is defined to mean to carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. The director of research of the legislative council must develop the procedures for requesting, completing, and updating the reports and memorialize the procedures in a letter to the executive committee of the legislative council. The director must provide a report to the legislative council on the implementation of the act on or before December 1, 2024. The act is repealed effective September 1, 2025. $81,911 is appropriated to the legislative department for use by the legislative council staff for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · House

Mesa Verde National Park License Plate

Registration - special license plates - Mesa Verde National Park. The act creates the Mesa Verde National Park license plate. To be issued the plate, an applicant must pay 2 one-time $25 fees and make a donation to a nonprofit organization selected by the department of revenue.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · House

Modifications To Uniform Election Code

Uniform Election Code of 1992 - modifications - appropriation. The act makes changes to the "Uniform Election Code of 1992" (code), including changes to procedures for voter registration, including registration on Indian reservations; ballot access requirements, including changes to the number of signatures required on candidate petitions and requiring licensing and training for petition entities; political party organization filing requirements; procedures for in-person voting, including allowing a person who does not reside in a county but wishes to vote at a polling location to cast a ballot that contains statewide federal and state offices and questions; requirements for the content of an election plan; procedures for curing ballots; and requirements for recall petitions, including allowing the incumbent to file a statement to included on the petition and changes to the procedures for curing petitions. The formulas and hours for drop boxes and voter service and polling centers are revised, and counties are required to locate some drop boxes and voter service and polling centers on higher education campuses and Indian reservations. Seventeen year olds who are preregistered and who will be eighteen on the date of the next general election are allowed to participate in primary elections and caucuses. A person may seek a court order to keep polling locations open past the regular closing time on election day when voting at or access to a polling location has been substantially impaired. The secretary of state is required to complete updates to the statewide voter registration database to reduce wait times at polling locations. The act makes additional technical changes and corrections to the code. The act creates the local elections assistance cash fund to reimburse counties for the one-time purchase of voting equipment necessary to fulfill the requirements of the act. For the implementation of the act, $50,945 is appropriated to the department of state for use by the elections division, $255,298 is appropriated to the department of state for use by the information technology division, and $2,790 is appropriated to the department of personnel for use by the division of central services. In addition, $2,0960,000 is appropriated to the local elections assistance cash fund. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · House

Campaign Finance Enforcement

Campaign and political finance - rules of the secretary of state - enforcement procedures. The act codifies in the "Fair Campaign Practices Act" the rules of the secretary of state (secretary) addressing the procedures that govern the enforcement of state laws governing campaign and political finance. In particular, the codified provisions specify the procedures governing the filing of complaints, initial review of complaints by the elections division (division) within the secretary's office, the method by which a respondent may cure a violation of the campaign finance laws, the investigation of unresolved or uncured complaints by the division, the conduct of hearings, review by the division of campaign finance documents it receives for filing, and the issuance of advisory opinions by the secretary. The act also deletes an existing statutory provision it makes obsolete requiring administrative law judges to complete continuing legal education in campaign finance. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · Senate

Serious Bodily Injury Vulnerable Road User Penalties

Serious bodily injury to a vulnerable road user - appropriation. The act makes it a class 1 traffic misdemeanor when careless driving of a motor vehicle is the proximate cause of serious bodily injury to a vulnerable road user, which is defined in the act. The act allows the court to require the violator to attend a driver improvement course and to require the violator to perform useful public service. The act also subjects a violator to a restitution order and 12 points pursuant to the point system schedule. For the 2019-20 state fiscal year, the act appropriates $1,575 from the licensing services cash fund to the department of revenue for use by the division of motor vehicles. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · Senate

Authorize And Tax Sports Betting Refer Under Taxpayers' Bill Of Rights

Gambling - betting on sports events - legalization - creation of division of sports betting - rule-making authority - taxation - submission of ballot issue under Taxpayers' Bill of Rights - allocation of tax revenues - appropriation. In 2018, the United States supreme court held in Murphy v. National Collegiate Athletic Association , 138 S. Ct. 1461, that a federal law prohibiting states from authorizing sports betting violated the tenth amendment of the United States constitution. States may now authorize sports betting. The act decriminalizes sports betting in Colorado, effective May 1, 2020, under the following conditions: The collection of a tax on the net proceeds of sports betting must be approved by the registered electors of Colorado at the November 2019 general election; Sports betting will be regulated by the department of revenue, subject to supervision by the existing limited gaming control commission; A limited number of licenses will be issued. Persons or entities currently licensed to conduct limited gaming (i.e., the owners of casinos in Central City, Black Hawk, and Cripple Creek) are the only persons or entities eligible to hold a "master license" to conduct sports betting upon paying a license fee and submitting to background checks. A master license entitles the licensee to contract with a licensed "sports betting operator" or a licensed "internet sports betting operator", or both, for the operation of sports betting. The conduct of sports betting in Central City, Black Hawk, and Cripple Creek is further conditioned on approval by the voters of the respective city in a local election to be held concurrently with the statewide election in November 2019; and The state will collect a tax of 10% on the net proceeds of sports betting activity to fund implementation of the state water plan and other public purposes. Of the total amount of tax collected, after first repaying the general fund appropriation for startup and initial operating costs, 6% is set aside annually to compensate the beneficiaries of revenues generated by limited gaming and other wagering activities for any losses attributable to competition from sports betting. $1,739,015 is appropriated from the general fund to the department of revenue for startup and initial operating costs in the 2019-20 state fiscal year. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · House

Delay Referral Of TRANs Transportation Revenue Anticipation Notes Ballot Issue To 2020

Submission of statewide ballot issue for approval of transportation revenue anticipation notes - delay from 2019 to 2020. Before the enactment of the act, state law, enacted by Senate Bill 18-001, required that a ballot issue seeking approval for the issuance of transportation revenue anticipation notes (TRANs) be submitted to the voters of the state at the November 2019 statewide election. Upon approval of the ballot issue, the requirement, enacted by Senate Bill 17-267, that the state execute 3 separate tranches of up to $500 million each of lease-purchase agreements in state fiscal years 2019-20, 2020-21, and 2021-22 for the purpose of funding transportation would have been repealed. The act: Delays the requirement that the ballot issue be submitted for one year by requiring it to be submitted at the November 2020 general election rather than the November 2019 statewide election; Amends the ballot issue to reduce the amount of TRANs authorized to be issued by $500 million to offset the additional $500 million of lease-purchase agreement transportation funding that becomes available because the approval of the ballot issue at the November 2020 general election will repeal only the 2 state fiscal year 2020-21 and 2021-22 tranches of lease-purchase agreements, rather than the 3 state fiscal year 2019-20, 2020-21, and 2021-22 tranches of lease-purchase agreements; and Extends from 20 to 21 years the period for which, as enacted in Senate Bill 18-001, annual $50 million transfers from the general fund to the state highway fund are required.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-29 · Senate

Parole Changes

Prison population management - file review - technical violations revoke parole - parolee intensive treatment program - full board approval circumstance - reentry services if not released on parole - table parole review - appropriation. Under current law, there are prison population measures that can be used when the vacancy rate drops below 2%. The act changes the rate to 3% and adds a new measure. The new measure allows the department to submit a list of inmates who meet a specified eligibility criteria, have a favorable parole plan, and have been assessed to be less than high risk to the parole board for a file review. For technical parole violations related to possession of a deadly weapon, refusing or failing to comply with the requirements of sex offender treatment, absconding or willful failure to appear, unlawful contact with a victim, or willful tampering or removal of an electronic monitoring device, the act allows the parole board to revoke parole and place the inmate back in prison for up to the remainder of the inmate's parole. The act allows the parole board to place a parolee who needs treatment and is amenable to treatment in a parolee intensive treatment program operated by the department in a level I security facility or equivalent facility. If an inmate meets criteria and has an approved parole plan, has been assessed low or very low risk, and parole guidelines recommend release, the parole board may deny parole only by a majority vote of the full board. The act provides an inmate released from prison without supervision the right to access reentry services for up to one year from the date of discharge. The act requires the parole board to table a parole release decision if it finds the inmate's parole plan is inadequate and to require a new parole plan within 30 days. The act appropriates $25,200 from the general fund to the department of corrections for information technology services. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Colorado Quality Apprenticeship Training Act Of 2019

Procurement - construction bidding for public projects - apprenticeship utilization requirements - prevailing wage requirements. The general contractor for a public project that does not receive federal money, including an integrated project delivery contract, in the amount of $1 million or more, is required to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the contracting agency that: Identifies the contractors or subcontractors that will be used for specified aspects of the public project; and Certifies that all firms identified participate in apprenticeship programs registered with the United states department of labor's employment and training administration or state apprenticeship councils recognized by the United States department of labor and have a proven record of graduating apprentices at specified rates. The contracting agency is required to make the documentation available to the public on its website. After evaluating submitted bids, a contracting agency may waive the apprenticeship utilization requirements if there is substantial evidence that there were no responsive, eligible subcontractors available to fulfil the mechanical, electrical, or plumbing portions of the contract. A contracting agency is required make public all waivers and the specific rationale for granting the waiver. An apprenticeship program that does not satisfy the specified apprenticeship program requirements may petition the department of labor and employment for conditional approval under specified circumstances. The apprenticeship utilization requirements do not apply to the department of transportation. Any contractor who is awarded a contract for a public project, including an integrated project delivery contract, by an agency of government for $500,000 or more, and any subcontractors working on the public project, are required to pay their employees a prevailing wage at weekly intervals and are required to comply with prevailing wage enforcement provisions. This requirement does not apply to contracts that include federal money and does not apply to the department of transportation; except that the department of transportation is required to pay employees performing work on public projects, regardless of the amount of funding source of the project, in accordance with the federal "Davis-Bacon Act". Before awarding a contract for a public project, an agency of government is required to obtain the general prevailing rate of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and education funds in the state (wages) for each employee needed to execute the contract for the public project. An agency of government is required to specify in the competitive solicitation for a public project and in the contract for such public project the general prevailing rate of the wages paid in the geographic locality for each employee needed to execute the contract. The contract is also required to include other specified information regarding the payment of wages. If the contractor or subcontractor fails to pay wages as are required by the contract, the contracting agency of government is not allowed to approve a warrant or demand for payment to the contractor until the contractor provides evidence that the wages have been paid. The executive director of the department of personnel is required to determine the applicable prevailing wage for public projects and is required to use appropriate wage determinations issued by the United States department of labor in accordance with the federal "Davis-Bacon Act" to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project. Each contractor awarded a contract for a public project and each subcontractor who performs work on the public project is required to post in conspicuous places on the job site posters that contain the current prevailing rate of wages to execute the contract and the rights and remedies of any employee for nonpayment of any wages earned. The executive director of the department of personnel is required to provide the posters to contractors and subcontractors. The executive director of the department of personnel is required to establish a separate apprenticeship contribution rate under the prevailing wage requirements. Enforcement provisions, overseen by the department of labor and employment, are implemented for violations of the prevailing wage requirements. An employee or former employee of a contractor or subcontractor is allowed to bring a civil action for a violation of the prevailing wage requirements. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Remedying Improper Guilty Pleas

Failure to advise consequences of guilty pleas or dismissal of charges - unconstitutionality - procedure - appropriation. The act finds that some criminal defendants who, when they entered a guilty plea in connection with a deferred judgment or had charges related to drugs dismissed under a since repealed provision of law, were not advised that there may be adverse immigration consequences that attach to the plea even if the plea is later withdrawn and the case is dismissed. These defendants did not knowingly, intelligently, and voluntarily enter the plea of guilty as required by law or understand the consequences of the dismissal. The act authorizes these persons to petition the court for an order vacating the guilty plea and establishes procedures for such petitions. The act appropriates $543,461 to the judicial department for trial court programs and $55,139 to the department of law for use by the appellate unit. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Improve Wages And Accountability Home Care Workers

Home care agencies - department to request increase in federal reimbursement rate for certain services - minimum wage - wage pass-through requirement - training - appropriation. The act requires the department of health care policy and financing (department) to request from the federal government an increase of 8.1% in the reimbursement rate for certain services delivered to consumers through the home- and community-based services waivers. For the 2019-20 fiscal year, each home care agency (agency) shall pay 100% of the funding that results from the rate increase as compensation for employees who provide personal care services, homemaker services, and in-home support services (covered services) to consumers. For the 2020-21 fiscal year, each agency shall pay 85% of the funding that results from the rate increase as compensation for employees who provide covered services to consumers. Within 60 days after the request for an increase in the reimbursement rate is approved, each agency shall provide written notice to each nonadministrative employee who provides covered services of the compensation to which the employee is entitled. The act states that on and after July 1, 2020, the hourly minimum wage for persons who provide covered services for which an agency may receive reimbursement pursuant to the "Colorado Medical Assistance Act" is $12.41 per hour. Each agency shall track and report how it used any funding resulting from the rate increase using a reporting tool developed by the department. The department may recoup from an agency part or all of the funding resulting from the rate increase if the department determines that the agency: Did not use 100% of any funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2019-20 fiscal year; Did not use 85% of the funding resulting from the rate increase to increase compensation for nonadministrative employees for the 2020-21 fiscal year; or Failed to track and report how it used any funds resulting from the increase in the reimbursement rate. The act requires the department and the department of public health and environment, in consultation with stakeholders, on or before January 1, 2020, to establish a process for reviewing and enforcing initial and ongoing training requirements for persons who provide covered services. The act appropriates $5,682,377 to the department to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Law Enforcement Information Sharing Grant Program

Law enforcement, public safety, and criminal justice information sharing grant program - creation - grant requirements - appropriation. The act creates the law enforcement, public safety, and criminal justice information sharing grant program (grant program) within the division of homeland security and emergency management (division) in the department of public safety. The grant program provides grants to assist local law enforcement agencies in gaining access to the information-sharing system created by the Colorado information sharing consortium (CISC). Grant recipients can use the money to pay for computer hardware, software, and programming costs necessary to connect to CISC's information-sharing systems. As a condition of each grant, the grant recipient and CISC are required to ensure that the information systems comply with federal data security requirements, and that the law enforcement data and intelligence information that is shared complies with federal regulations governing the use of criminal justice information systems. The director of the division is required to promulgate rules for the administration of the grant program. The act creates the law enforcement, public safety, and criminal justice information sharing grant program fund (fund). The program and fund are repealed effective July 1, 2022. The act appropriates $500,000 to the fund from the marijuana tax cash fund for use by the division for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

More Colorado Road And Community Safety Act Offices

Driver's licenses and other identification documents - persons not lawfully present - appropriation. The act requires the department of revenue to issue identification documents, such as driver's licenses, at 10 or more offices geographically distributed throughout the state. The new offices are phased in, so that the department will have 8 offices open by January 1, 2020, and 10 offices open by July 1, 2020. $1,737,800 is appropriated to the department of revenue from the licensing services cash fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Sexual Assault While In Custody Or Detained

Unlawful sexual conduct by a peace officer - new offense - sex offender registration required - appropriation - applicability. The act creates the offense of unlawful sexual conduct by a peace officer. A peace officer commits the offense when he or she knowingly engages in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances: When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties; When the peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority. Unlawful sexual conduct by a peace officer is a class 4 felony when the offense is committed by sexual contact and is a class 3 felony when the offense is committed by sexual intrusion or sexual penetration. An offender convicted of unlawful sexual conduct by a peace officer is required to register as a sex offender. An offender convicted of class 3 felony unlawful sexual conduct by a peace officer is subject to lifetime supervision. To comply with the statutorily required 5-year prison appropriation, the act appropriates: For the 2019-20 state fiscal year, $178,471 from the capital construction fund to the corrections expansion reserve fund; For the 2020-21 state fiscal year, $39,701 to the department of corrections from the general fund; For the 2021-22 state fiscal year, $43,916 to the department of corrections from the general fund; For the 2022-23 state fiscal year, $43,311 to the department of corrections from the general fund; For the 2023-24 state fiscal year, $41,491 to the department of corrections from the general fund.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Monitoring Colorado Call Center Job Losses

Department of labor and employment - Colorado call center jobs - workforce data. The department of labor and employment is required to include, as part of its annual presentation to its legislative committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", data that it currently collects regarding the call center work force, including tracking call center jobs and wage analysis of customer service employees.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Aligning Indian Child Welfare Act Requirements

Child custody - Indian child - Align requirements with federal Indian Child Welfare Act. In 2016, the bureau of Indian affairs in the United States department of the interior published updated guidelines for implementing the federal "Indian Child Welfare Act". The act updates the current statute to align the compliance requirements with federal law.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Use CSP II To House Inmates In An Emergency

State prisons - bed shortages - CSP II - input from prison population interim committee. Under current law, the Centennial south campus of the Centennial correctional facility (CSP II) is not available to house inmates. The act allows CSP II to be used to house inmates when the state male prison vacant bed rate, excluding RTP treatment beds, remains below one percent vacancy for 2 consecutive months. Once the prison population surpasses one percent vacancy, the department of corrections (department) shall transfer any inmates housed in CSP II to an appropriate facility under the department's control within 30 calendar days. No more than 126 inmates may be housed at CSP II. The department shall report the use of CSP II to the joint budget committee and the judiciary committees of the senate and the house of representatives, or any successor committees, within 5 calendar days after the use and will make monthly reports during its use. The act requires the department to consider input from the prison population management interim committee regarding: Strategies to safely reduce the prison population and reduce recidivism; and Prison use analysis. These provisions repeal September 1, 2020. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Transfer Apprenticeship Credit To College Credit

Community colleges and occupational education - earned construction industry registered apprenticeship program credit - transfer to college credit - working group - appropriation. The chief administrative officer of the Colorado community college system, or his or her designee, is required to convene a working group to determine the most efficient and appropriate manner in which to facilitate the transfer of earned construction industry registered apprenticeship program credit to college credit. If possible, the chief administrative officer is required to include representatives from varying community colleges, area technical schools, local district colleges, relevant 4-year institutions that grant bachelor degrees, applicable union and nonunion labor organizations, and other interested parties. The working group will meet during the interim following the first regular session of the seventy-second general assembly and is required to consider specified issues, solicit input from subject matter experts, and submit to the general assembly its recommendations for the most efficient and appropriate manner in which to facilitate the transfer of earned construction industry registered apprenticeship program credit to college credit, including any recommendations for necessary legislation. The money appropriated for purposes of the working group is exempt from the matching requirement for student financial assistance. In addition, the department of higher education is required to enter into a fee-for-service contract for the purposes of the working group. For the 2019-20 state fiscal year, $15,000 is appropriated to the department of higher education from the general fund. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Offense Level For Controlled Substance Possession

Controlled substances - possession offenses - sentencing - substance use and mental health treatment - appropriation. The act makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 1 drug misdemeanor; except that possession of any amount of gamma hydroxybutyrate or a fourth or subsequent offense for possession of 4 grams or less of a schedule I or II controlled substance or any amount of a schedule III, IV, or V controlled substance is a level 4 drug felony. The act makes possession of more than 6 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 1 drug misdemeanor and possession of 3 ounces or less of marijuana concentrate a level 2 drug misdemeanor. The act clarifies that a person may not be arrested for the petty offense of possession of not more than 2 ounces of marijuana. A court may issue a warrant for arrest of a person who fails to appear in court as required by a summons for that possession offense. A court is permitted to suspend a sentence to complete useful public service pursuant to the "Uniform Controlled Substances Act of 2013" when the sentence interferes with treatment or other probation requirements imposed by the court. A court is not required to sentence a person to complete useful public service if the person receives diversion or a deferred sentence. Only those convicted of a felony drug offense must submit to the fingerprinting and photographing requirements of the "Uniform Controlled Substances Act of 2013". Persons convicted of the level 1 drug misdemeanors related to unlawful possession of a controlled substance and possession of marijuana or marijuana concentrate may be punished by a sentence of up to 180 days in the county jail or 2 years probation, with up to 180 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 364 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $1,000 fine. Persons convicted of the level 2 drug misdemeanors related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors may be punished by a sentence of up to 120 days in the county jail or one year probation, with up to 120 days in jail as a condition of, or for a violation of, probation. For a third or subsequent offense, a person may be sentenced to up to 180 days in jail. In addition to any other sentence, the person convicted is subject to a maximum $500 fine. The community substance use and mental health services grant program is established in the department of local affairs to provide grants to counties that provide substance use or mental health treatment services to, facilitate diversion programs for, or develop other strategies to reduce jail and prison bed use by, persons who come into contact with the criminal justice system. A county is eligible to receive a grant if it provides such treatment services and programs in collaboration with public health agencies, law enforcement agencies, and community-based organizations. For the 2019-20 state fiscal year, $123,139 is appropriated from the general fund to the judicial department for probation programs to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Prompt Pretrial Liberty And Fairness

Pretrial release - post bond within 2 hours - nominal processing fees - release 4 hours after posting bond - release even if costs or fees need to be paid - plan for bond hearing within 48 hours - application of bond toward fees, costs, fines, restitution, or surcharges. The act creates rights for defendants related to release on bond as follows: Unless extraordinary circumstances exist, a defendant must be allowed to post bond within 2 hours after the sheriff receives the bond information from the court; Unless extraordinary circumstances exist, a defendant cannot be charged more than a $10 bond processing fee and not charged any additional transaction fees including kiosk fees; except that a standard credit card processing fee may be charged when a credit card is used; Unless extraordinary circumstances exist, the custodian of a jail has to release a defendant within 4 hours after the defendant has posted bond and is physically present in the jail; except that, if the defendant needs to be fitted for an electronic monitoring device, then the 4-hour period does not apply; and If a defendant has been granted bond and can meet the terms of the bond, the court shall release the defendant even if the defendant is unable to pay a fee or cost. The act requires the chief judge of each judicial district to develop a plan for setting bond for all in-custody defendants within 48 hours of arrest. In developing the plan, county commissioners, sheriffs, and district attorneys shall provide the chief judge cost estimates of feasibility as well as any potential savings from the proposal, including jail bed costs and savings. No later than November 1, 2019, the state court administrator's office shall report to the judiciary committees of the house of representatives and the senate the plans for all 22 judicial districts, not including the Denver county court. The report must include an estimate of resources necessary to implement a 48-hour requirement. Under current law, a defendant's bond deposit can be applied to court costs, fees, fines, restitution, or surcharges owed by the defendant. The act allows application of the bond if the defendant posted the bond and agrees in writing to allow it to be used for such purposes. The act prohibits that application if the bond was posted by a third party. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Employment Support Job Retention Services Program

The bill creates the employment support and job retention services program (program) within the division of employment and training (division) in the department of labor and employment (department) to provide emergency employment support and job retention services to eligible individuals in the state. The bill requires the director of the division (director) to contract with an entity to administer the program to provide reimbursement for employment support and job retention services provided to eligible individuals statewide. In order to be eligible for services for which a service provider may be reimbursed under the program, an individual must be 16 years of age or older, be eligible to work in the United States, have a household income that is at or below the federal poverty line, and be underemployed or unemployed and actively involved in employment preparation, job training, employment pursuit, or job retention activities. The director is required to establish procedures and guidelines to implement and set parameters for the operation of the program. The general assembly is required to appropriate money to the employment support and job retention services cash fund created in the bill for allocation to the division to implement and operate the program. The department is authorized to accept gifts, grants, and donations for the implementation and operation of the program. The program is repealed, effective September 30, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

Last action: 2019-05-28 · House

Just Transition From Coal-based Electrical Energy Economy

Just transition support for coal-related jobs - office created - advisory committee - just transition plan - workforce transition plan - report - sunset review - appropriation. The act creates the just transition office in the division of employment and training in the department of labor and employment. A just transition advisory committee will develop a draft just transition plan, and the director of the office will submit a final just transition plan to the governor and general assembly, regarding proposed: Benefits to be given to coal transition workers to enable them to support themselves and their families and to access and complete education and training, resulting in being hired for high-quality jobs; Grants to be awarded to eligible entities in coal transition communities that seek to create a more diversified, equitable, and vibrant economic future for those communities; and Sources of funding. The just transition advisory committee is scheduled for repeal in 2025, subject to sunset review. An electric utility that proposes the accelerated retirement of a coal-fueled electric generating facility shall submit to the office and the affected community a workforce transition plan at least 6 months before the retirement of the facility. The director shall submit a report to the general assembly by January 1, 2024, containing recommended legislative changes to the act. $155,758 is appropriated from the general fund to the department of labor and employment and $920 from the general fund to the general assembly for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Court-appointed Special Advocate Program Oversight

Court-appointed special advocate programs - program oversight. The act relocates provisions concerning the statewide oversight of court-appointed special advocate (CASA) programs. The office of the child's representative (office) is required to enter into an agreement with a nonprofit entity (state CASA entity) to enhance the CASA program in Colorado. The state CASA entity is required to submit a report to the office concerning the performance of its duties within one month prior to receiving an allocation of money for CASA programs and, at least annually, must certify to the office the amount that each local CASA program receives from each allocation.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Juvenile Record Expungement Clean-up

Juvenile record expungement - clarifications - expunge diversion without filing a case - when expungement is triggered - class 2 and 3 misdemeanor sex offenses expungement - decide continued sex offender registration with expungement - who receives notice of expungement - municipal expungement. The act makes changes and clarifications to the juvenile record expungement provisions. The act clarifies which dismissals and alternative dispositions are eligible for automatic expungement. The act allows expungement of a diversion record without filing a case and allows a victim an opportunity to object. The act clarifies when a sentence is complete, which triggers the expungement process. Under current law, a class 1 misdemeanor sex offense can be expunged. The act allows class 2 and class 3 misdemeanor sex offenses to be expunged. The act requires the juvenile court to determine whether a juvenile who has his or her record expunged for a sex offense should have a continuing duty to register as a sex offender. The act clarifies to whom the notice of expungement needs to be sent so that only the agencies with the records receive the notice. The act makes clear that juvenile record expungement applies in municipal court by creating a new section for municipal court expungement. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Restore Voting Rights Parolees

Individuals serving a sentence of parole - eligibility to register and vote - meaning of full term of imprisonment - appropriation. Existing law prohibits a person serving a sentence of parole from being eligible to register to vote or to vote in any election. The act declares that the purposes of parole are served by restoring the vote to persons serving a sentence of parole. The act clarifies that, for purposes of the "Uniform Election Code" and for applying state constitutional provisions governing disenfranchisement during imprisonment, persons sentenced to parole have completed their "full term of imprisonment" as that term appears in the state constitution. Accordingly, the act makes an individual serving a sentence of parole eligible to register to vote and to vote in any election. The division of adult parole is required to provide an individual sentenced to parole information regarding the individual's voting rights, how the individual may register to vote and cast a ballot, and how the individual may obtain voter information materials. The act repeals existing statutory provisions permitting a person on parole to preregister to vote so that the person is automatically registered to vote after being released from parole. For the 2019-20 state fiscal year, the act appropriates $16,960 to the department of state for use by the information technology division. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Interest On Orders Of Restitution

Restitution - interest - accrual - lower to 8% - appropriation. The act provides that interest on an order of restitution does not accrue while the defendant is: Serving a sentence in a correctional facility within the state operated by or under contract with the department of corrections; or In a juvenile case and under 21 years of age. The act also lowers the interest rate on certain restitution amounts from 12% to 8% as of January 1, 2020. For the 2019-20 state fiscal year, the act appropriates $220,480 from the judicial collection enhancement cash fund to the judicial department to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

State Court Administrator Reminder Program

State court administrator - court reminder program - appropriation. The state court administrator must administer a court reminder program (program) in district courts, county courts, and municipal courts that use the judicial department's case management system. The program must remind criminal defendants and juveniles who are alleged to have committed a delinquent act to appear at their scheduled hearings and provide reminders about unplanned court closures. The judicial department is required to include information about the program in its annual report to the general assembly. A court that participates in the program and a person who serves a juvenile or the juvenile's parent with a summons or a written promise to appear in court must notify criminal defendants and juveniles and the juveniles' parents of the opportunity to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures. A summons that is issued in lieu of a warrant must advise the person summonsed that he or she may provide a phone number to receive such reminders. A phone number collected for the express purpose of administering the program must be kept separate from other identifying information and must only be used to achieve the objectives of the program. For the 2018-19 state fiscal year, $203,612 is appropriated to the judicial department from the general fund for information technology infrastructure. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Apprenticeships And Vocational Technical Training

Apprenticeship resource directory - creation - appropriation. The act requires the department of labor and employment (department) to create the Colorado state apprenticeship resource directory. The department is required to collect detailed information on each apprenticeship program in the state, including the application process, costs, program outcomes, and requirements for enrollment. The department is required to promote the availability of the directory. $25,507 is appropriated to the department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Colorado Refugee Services Program

Immigration - refugee services. The act codifies the existing Colorado refugee services program (program) that is administered by the state department of human services (department) pursuant to a 1994 executive order. The act establishes the program in the department and designates the department as the agency responsible for the development, review, and administration of Colorado's refugee services plan (state plan). The program must be administered in accordance with the state plan and must include certain services and assistance for refugees in accordance with the state plan and the federal "Immigration and Nationality Act". The program may provide additional services and assistance to support refugee resettlement and integration. The general assembly is permitted to appropriate money to the department for the administration of the program.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Increased Eligibility For Criminal Record Sealing

Criminal record sealing - simplified sealing no conviction - petition for sealing petty offenses through class 3 felonies and level 2 drug felonies - appropriation. The act repeals and reenacts the statutes related to sealing criminal justice records. The act creates a simplified process to seal criminal justice records when: A case against a defendant is completely dismissed because the defendant is acquitted of all counts in the case; The defendant completes a diversion agreement when a criminal case has been filed; or The defendant completes a deferred judgment and sentence and all counts are dismissed. The court seals those records within the criminal case without requiring the defendant to file a separate civil action. The act allows a defendant to petition for sealing criminal justice records when there is a criminal conviction and without requiring the defendant to file a separate civil action as follows: If the offense is a petty offense or a drug petty offense, the motion may be filed one year after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The court seals the records if the defendant has not been convicted of a criminal offense since the later of the above dates. If the offense is a class 2 or 3 misdemeanor or any drug misdemeanor, the motion may be filed 2 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing. If the offense is a class 4, 5, or 6 felony, a level 3 or 4 drug felony, or a class 1 misdemeanor, the motion may be filed 3 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing and considering the district attorney's position. For all other offenses, the petition may be filed 5 years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing. If the district attorney does not object, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects, the court makes the determination after a hearing and considering the district attorney's position. The act specifies the offenses for which sealing is not eligible including class 1, 2, and 3 felonies and level 1 drug felonies. The act retains the specific record sealing provisions for when no charges are filed and for victims of human trafficking, municipal offenses, and posting intimate photos of a person offenses. The act states a defendant is not required to waive his or her right to file a motion to seal as a condition of a plea agreement. The act appropriates $47,361 to the judicial department from the judicial stabilization cash fund for the trial courts. The act appropriates $443,847 to the department of public safety from the Colorado bureau of investigation identification unit fund for the biometric identification and records unit. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Protect Colorado Residents From Federal Government Overreach

Federal immigration enforcement - no arrest based on civil detainer - no personal information to immigration authorities from probation - advisement before immigration interview. The act allows a law enforcement officer or employee to cooperate or assist federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody. The act prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer. The act prohibits a probation officer or probation department employee from providing an individual's personal information to federal immigration authorities. If a law enforcement officer is coordinating a telephone or video interview between federal immigration authorities and an individual in jail or another custodial facility, the individual must be advised that: The interview is being sought by federal immigration authorities; The individual has the right to decline the interview and remain silent; The individual has the right to speak to an attorney before submitting to the interview; and Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Juvenile Justice Reform

Juvenile justice reform - committee - membership - duties - juvenile detention working group - additional duties - district attorneys and juvenile probation use of screening tools - appropriation. The act establishes a committee on juvenile justice reform (committee) in the department of public safety (department) and establishes its membership. The act specifies duties of the committee including: By September 1, 2019, adopting a validated risk and needs assessment tool or tools to be used throughout the juvenile justice system; Selecting a mental health screening tool for juvenile offenders; Selecting a validated risk screening tool to be used by district attorneys in determining a juvenile's eligibility for diversion; By July 1, 2020, selecting a vendor to assist in the implementation of and provide training on the tools; and Developing plans for measuring the effectiveness of the tools. Under current law, there is a working group under the division of youth services on detention of juvenile offenders and alternative services to detention. The act adds to the working group's duties that by January 1, 2021 it must: Adopt a research-based detention screening instrument, develop a plan for training on the new instrument, and submit a report on the use of the new instrument; Establish criteria for the alternative services and report on the effectiveness of the alternative services; Adopt a relative information form for parents and guardians to complete; and Develop a system of graduated responses and reward for juvenile parole officers. On and after January 1, 2021, the act requires district attorney's offices to use the risk screening tools and the results of the tools in determining a juvenile's eligibility for diversion and need for services. It specifies grounds that may not be used to deny diversion and directs the division of criminal justice to collect data and report on juvenile diversion programs. The act restricts removing a juvenile from the custody of a parent, unless the detention screening is conducted and specified findings are made, and directs that unless physical restriction is required, custody of the juvenile is given to kin or another person. It limits which juveniles may be placed in detention. In releasing a juvenile from detention, the act requires the juvenile court to use the detention screening instrument. For juvenile probation, the act requires the state court administrator to: By January 1, 2021, develop a statewide system of graduated responses and incentives to change a juvenile's behavior and address violations; and By July 1, 2021, develop statewide standards for juvenile probation supervision and services and provide annual training on the standards. For the 2019-20 state fiscal year, the act appropriates $68,598 from the general fund to the judicial department; $500,000 from the general fund to the department of human services for the division of youth services; and $6,315 from the general fund to the legislative department. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Time Requirements For Food Stamp Appeals

Food stamp program - rule-making - appeal deadline. The act grants the department of human services rule-making authority to require any party to file a notice of intent to file exceptions with the state department within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Lieutenant Governor Concurrent State Service

Lieutenant governor - office of saving people money on health care - director. Under current law, the lieutenant governor is authorized to concurrently serve as the head of a principal department while serving as the lieutenant governor. The act expands this to allow the lieutenant governor to alternatively serve as the director of the office of saving people money on health care within the office of the governor. The act further specifies the salary to be paid for working concurrently in this position.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Alcohol Beverage Consumption National Western Center

Alcohol regulation - licensed premises - National Western Center. The act authorizes the city and county of Denver to promulgate an ordinance authorizing a person to remove an alcohol beverage from the licensed premises of a vendor within the National Western Center so long as the person does not leave the National Western Center.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Local Government Minimum Wage

Minimum wage - local government to establish - limitations - enforcement - reports - eligible nursing facility provider reimbursement. The act allows a unit of local government to establish a minimum wage for individuals performing, or expected to perform, 4 or more hours of work for an employer in the local government's jurisdiction. A minimum wage established by a local government is subject to the following limitations: Prior to enacting a minimum wage law, the local government is required to consult with surrounding local governments and various stakeholders; A minimum wage established by a local government must provide a tip offset equal to the tip offset provided in the state constitution; The minimum wage law must not apply to time spent in a local government's jurisdiction solely for the purpose of traveling through the jurisdiction to a destination outside of the local government's boundaries; All employed adult employees and emancipated minors shall be paid not less than the enacted minimum wage; A local minimum wage increase must take effect on the same date as a scheduled increase to the statewide minimum wage; and If a local minimum wage exceeds the statewide minimum wage, the local government may only increase the local minimum wage each year by up to $1.75 or 15%, whichever is higher. A local government that enacts a minimum wage law may adopt provisions for the local enforcement of the law. By July 1, 2021, the executive director of the department of labor and employment is required to issue a written report regarding local minimum wage laws in the state. If notified by the executive director of the department of labor and employment that a local government has enacted a minimum wage that exceeds the statewide minimum wage, the executive director of the department of health care policy and financing is required to submit a report to the joint budget committee with certain recommendations related to provider rates. If 10% of local governments enact local minimum wage laws, a local government that has not enacted a local minimum wage law is prohibited from enacting a local minimum wage law until the general assembly has given authorization for additional local minimum wage laws by amending this act. The executive director of the department of health care policy and financing is required to establish a process for eligible nursing facility providers to apply for a local minimum wage enhancement payment to be used to increase the compensation of its employees whenever a local government increases its minimum wage above the statewide minimum wage. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Electronic Documents Motor Vehicle Appropriation

Registrations and certificates of title - electronic issuance - appropriation. To electronically issue registrations and certificates of title, the act appropriates $1,187,502 out of gifts, grants, and donations and to the department of revenue for the 2019-20 and 2020-21 state fiscal years.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

License Business Selling Its Used Motor Vehicles

Automotive sales - business disposal license - grounds for discipline - right of action for loss - appropriation. The act creates a business disposal license for a business to sell its used vehicles if the vehicle sales do not exceed 20% of the business's gross revenue. The vehicles must not be passenger vehicles. The act also authorizes the motor vehicle dealer board to deny, suspend, or revoke a business disposal license for the following: A material misstatement in an application; Violating several classes of laws dealing with motor vehicle sales and commerce; Having been convicted of certain crimes; Engaging in various types of fraudulent activities; Failing to perform a written agreement; Failing to make the required disclosures; Misleading or inaccurate advertising; Representing or selling as new a used motor vehicle; Selling a defective vehicle unless sold as a tow-away and not to be driven or selling, acquiring, or disposing of a stolen vehicle; Failing to notify a prospective buyer of the acceptance or rejection of a motor vehicle purchase order agreement within a reasonable period when on a finance sale or a consignment sale; Failing to maintain a place of business with a fixed address and full-time employees; and Failing to post a bond. A person has a right of action against a business disposer and the surety upon a disposer's bond if the disposer commits a fraudulent act or violates the laws governing motor vehicle dealers. To implement the act, $14,000 is appropriated from the auto dealers license fund to the department of revenue for use by the motor vehicle dealer licensing board. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Inclusion Of American Minorities In Teaching Civil Government

History and civil government - history, culture, social contributions, and civil government in education commission - appropriation. The act mandates funding instruction in public schools of history and civil government of the United States and Colorado, including but not limited to the history, culture, and social contributions of American Indians, Latinos, African Americans, and Asian Americans; lesbian, gay, bisexual, and transgender individuals within these minority groups; the intersectionality of significant social and cultural features within these communities; and the contributions and persecution of religious minorities. Current law requires school districts to convene community forums to discuss the content standards in history and civil government at least once every 10 years. The act requires the forums to be held at least every 6 years. The history, culture, social contributions, and civil government in education commission is established to make recommendations to the state board of education when the state board performs its scheduled 6-year review of education standards so that those standards and programs accurately reflect the history, culture, social contributions, and civil government of the United States and Colorado, including the contributions and influence of American Indians, Latinos, African Americans, and Asian Americans; lesbian, gay, bisexual, and transgender individuals within these minority groups; the intersectionality of significant social and cultural features within these communities; and the contributions and persecution of religious minorities. For the 2019-20 state fiscal year, the act makes an appropriation of $37,495 from the state education fund to the department of education for content specialists. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Victim Notification Criminal Proceedings

Victim notification - eliminate opt-in. With certain exceptions, the act eliminates requirements that victims must opt in to effect their rights in criminal proceedings involving their alleged offender or offender. This act appropriates $784,542 to the department for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Reimburse Expenses Restorative Justice Council

Restorative justice coordinating council - expenses reimbursement. Under current law, members of the restorative justice coordinating council may not be reimbursed for expenses. The act allows reimbursement of expenses.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Colorado Second Chance Scholarship

Colorado second chance scholarship program - appropriation. The act creates the Colorado second chance scholarship program (scholarship program) in the department of higher education for youth previously committed to the division of youth services in the department of human services. The act requires the executive director of the commission on higher education to appoint a program coordinator to counsel and support scholarship recipients. The act also creates an advisory board to establish the scholarship criteria and select scholarship recipients. The act appropriates $305,145 from the general fund to the department of higher education for the scholarship program. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Background Checks Persons Who Work With Children

Background checks - access to child abuse and neglect records - individuals who work with children - required fingerprint-based background checks. Current law specifies what entities and agencies have access to child abuse or neglect records and reports. The act adds to that list the department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include the care of children, treatment of children, supervision of children, or unsupervised contact with children. The act requires a fingerprint-based criminal history record check for the following: Child care center employees under 18 years of age; Out-of-state employees working at a child care center in a temporary capacity; and All owners, employees, volunteers, and adults residing in a family child care home.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Sunset Home Care Agencies

Licensing of home care agencies and registration of home care placement agencies - continuation under sunset law. The act implements recommendations of the department of regulatory agencies in its sunset review and report on the licensing of home care agencies and the registration of home care placement agencies by the department of public health and environment (CDPHE) by: Continuing these functions until September 1, 2028; Requiring that money assessed and collected by CDPHE as civil fines against agencies is credited to the general fund rather than to the home care agency cash fund; and Requiring the home care advisory committee to include representatives of home care placement agencies.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Inquiry Into College Applicant Criminal History

State institutions of higher education - application for admission - criminal or educational disciplinary history inquiry. A state institution of higher education (institution) is prohibited from inquiring, prior to admission, about an applicant's criminal history or disciplinary history at an elementary, secondary, or postsecondary institution (disciplinary history); except that the institution may inquire into the following: An applicant's prior convictions or disciplinary history for stalking, sexual assault, and domestic violence; An applicant's convictions within 5 years before submitting the application for assault, kidnapping, voluntary manslaughter, or murder; and Any pending criminal charges against the applicant. An institution that accepts a form of application that may be used to apply to other institutions is prohibited from considering any criminal or disciplinary history information provided on that application that the institution is prohibited from inquiring into on its own application. An institution that accepts a form of application that is designed by a national application service, tailored for admission to a specific degree program, and used in other states may consider criminal history information provided on that application. An institution's review of an otherwise qualified applicant's disclosed criminal history or disciplinary history must be made in a reasonable amount of time. The institution shall provide an appeals process for an otherwise qualified applicant denied admission based on the applicant's criminal or disciplinary history. An institution is required to post its policies regarding inquiries into an applicant's criminal and disciplinary history on its website and file such policies with the Colorado commission on higher education (commission). An institution shall notify the commission at least 30 days before making any changes to such policies. An institution is permitted to inquire into an admitted student's criminal history when obtaining information pertaining to participation in campus life or student housing. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · Senate

Limits On Job Applicant Criminal History Inquiries

Hiring practices - limitations on criminal history inquiries - exceptions - enforcement - appropriation. Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, employers are prohibited from: Advertising that a person with a criminal history may not apply for a position; Placing a statement in an employment application that a person with a criminal history may not apply for a position; or Inquiring about an applicant's criminal history on an initial application. An employer may obtain a job applicant's publicly available criminal background report at any time. An employer is exempt from the restrictions on advertising and initial employment applications when: The law prohibits a person who has a particular criminal history from being employed in a particular job; The employer is participating in a program to encourage employment of people with criminal histories; or The employer is required by law to conduct a criminal history record check for the particular position. The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the act does not create a protected class under employment anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers. The department is appropriated $38,113 from the employment support fund and 0.6 FTE to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Admissibility Of Statements By A Juvenile

Juvenile advisement of rights - accompanying adult's adverse interest - admissibility. Under current law, statements by a juvenile concerning delinquent acts committed by the juvenile are admissible against the juvenile so long as the juvenile is accompanied by one or more specified adults during the advisement of constitutional rights and during the interrogation. A court decision found this to be legally sufficient even if the adult was shown to have an interest adverse to the juvenile. Under the act, if an issue concerning the adult's adverse interest is raised, the prosecution must prove by a preponderance of the evidence that the person conducting the interrogation reasonably believed that the adult did not have an interest adverse to the juvenile and helped safeguard the juvenile's constitutional rights to remain silent or obtain counsel during the interrogation.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-28 · House

Wholesale Sales Agricultural Fertilizer Tax Exempt

Sales and use tax - wholesale sales - agricultural commodities - fertilizer and spray adjuvants. Wholesale sales are not subject to sales and use taxes. The act includes sales of fertilizer and spray adjuvants used in the production of agricultural commodities in the definition of "wholesale sales" for sales and use tax purposes.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-23 · House

Sales And Use Tax Administration

Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act: Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019; Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides; Commencing October 1, 2019, requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also: Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace; Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-23 · House

Expand Farm Equipment Sales And Use Tax Exemption

State sales tax exemption for farm equipment - extension - applicability to local sales taxes. Current law exempts cow identification systems and transponders used by a farm dairy to identify and track dairy cows from the state sales and use tax but does not otherwise exempt any equipment or systems used by a farm operation to identify or track food animals. By amending the statutory definition of "farm equipment", the act extends the existing state sales and use tax exemption to include, regardless of purchase price, any visual, electronic identification, or matched pair ear tags and electronic identification readers used to scan ear tags that are used by a farm operation to identify or track food animals, including animals used for food or in the production of food. Under the act the extension of the exemption only applies to a county or municipal sales tax if the county or municipality amends its sales tax ordinance to include the extension of the exemption.(Note: This summary applies to this bill as enacted.) Read More

Last action: 2019-05-23 · House