Colorado 2025 Bills
6074 bills · page 85 of 122
SB 19-063signed
Infant And Family Child Care Action Plan
Early childhood leadership commission - infant and family child care strategic action plan. The act requires the department of human services (department), in consultation with the early childhood leadership commission (commission) and various stakeholders, to draft a strategic action plan addressing the declining availability of family child care homes and infant child care.
The act requires the department to submit the completed strategic action plan to the commission; the state board of human services; the joint budget committee; the health and human services and education committees of the senate, or any successor committees; and the public health care and human services and education committees of the house of representatives, or any successor committees, no later than December 1, 2019.
The act anticipates the department will receive $50,688 in federal funds to implement this act for the 2019-20 state fiscal year.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-23 · Senate
SB 19-091signed
Support Peace Officers Involved In Use Of Force
Peace officer-involved shooting or fatal use of force - law enforcement agency policies. Law enforcement agencies must develop policies to support officers involved in a shooting or fatal use of force. The policies must address pre-incident training and preparation, support for the officer at the scene of the incident, post-incident support and services, guidelines for temporary leave or duty reassignment, and guidelines for return to duty. The policies must be completed by January 1, 2020. Law enforcement agencies are required to review the policies on a biennial basis.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-23 · Senate
SB 19-144signed
Motorcyclists And Malfunctioning Traffic Signals
Signals, signs, and markings - inoperable or malfunctioning signals - allowing a driver of a motorcycle to proceed past a malfunctioning traffic control signal. Under current law, when a driver approaches an intersection and faces a traffic control signal that is inoperative or that remains on steady red or steady yellow during several time cycles, the rules controlling entrance to a through street or highway from a stop street or highway apply until a police officer assumes control of traffic or until normal operation is resumed. If a traffic control signal at a place other than an intersection ceases to operate or malfunctions, drivers may proceed through the inoperative or malfunctioning signal only with caution, as if the signal were one of flashing yellow.
The act states that when a motorcycle driver approaches an intersection and faces a traffic control signal that does not recognize the presence of the motorcycle, the provisions controlling entrance to a through street or highway from a stop sign or highway apply until a police officer assumes control of traffic or the traffic signal resumes normal operation.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-23 · Senate
HB 19-1166signed
Name-based Criminal History Record Checks
Background checks - criminal history record check - name-based criminal history record check. Certain persons subject to a fingerprint-based criminal history record check must submit to a name-based criminal history record check when the fingerprint-based check reveals a record of arrest but does not show a disposition in the case.
Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-18 · House
HB 19-1317failed
Income Tax Credit And Senior Property Tax Exemption
The state constitution authorizes the general assembly to lower the maximum amount of the actual residential value of residential real property that is subject to the senior property tax exemption (exemption). Section 3 of the bill lowers the maximum amount to $0 for all property tax years beginning on and after January 1, 2020, which has the effect of eliminating the exemption. It does not affect the property tax exemption for disabled veterans. Under section 4 , a county assessor is no longer required to mail notices to seniors about the exemption, and under section 5 , an assessor is not required to accept applications or otherwise administer the exemption unless and until the general assembly enacts legislation to increase the maximum actual value of residential real property that is subject to the exemption. If the exemption is made available in the future, seniors must reapply for it.
Section 6 creates an income tax credit that is available for 10 tax years beginning on January 1, 2020, for a qualifying senior. A qualifying senior must be 65 years of age or older at the end of the income tax year for which the credit is claimed and have income that is less than or equal to $65,000, adjusted for inflation, or a surviving spouse who is at least 58 and meets the same income qualification.
If the qualifying senior's adjusted gross income for the taxable year is less than or equal to the base income amount, which is $12,000, adjusted for inflation, then the credit is equal to the maximum credit amount, which is $700, adjusted for inflation. The amount of the credit decreases by $50, adjusted for inflation, for each income grouping above the base income amount. The amount of the credit that exceeds the qualifying senior's income taxes due is refunded to the qualifying senior.
Section 6 also creates the credit stabilization cash fund. The state treasurer is annually required to transfer money from the cash fund to the general fund, or vice versa, depending on whether the total amount of the credits exceeds an approximation of what the state would have had to pay to backfill the senior homestead exemption.
If some or all of the credit is paid to the senior as a state income tax refund, and therefore taxable income, section 7 allows a qualifying senior to deduct an amount equal to the refundable amount of the credit from taxable income for purposes of determining state income taxes. (Note: This summary applies to this bill as introduced.)
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Last action: 2019-04-18 · House
SB 19-207signed
FY 2019-20 Long Bill
General appropriation act - 2019 - long bill. For the state fiscal year beginning July 1, 2019, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2019. The grand total for the operating budget is set at $31,933,536,156 of which $9,202,196,421 is from the general fund portion of the appropriation; $2,638,215,405 is from the general funds exempt portion; $9,281,575,477 is from the cash funds portion; $2,087,776,808 is from the reappropriated funds portion; and $8,723,772,045 is from the federal funds portion.
The grand total for the state fiscal year beginning July 1, 2019, capital construction projects is $260,727,454 of which $168,460,533 is from the capital construction fund portion of the appropriation; $72,690,215 is from the cash funds portion; $8,911,836 is from the reappropriated funds portion; and $10,664,870 is from the federal funds portion.
The 2017 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, and higher education.
The 2018 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of corrections, education, health care policy and financing, higher education, human services, judical, personnel, and public health and environment.
Appropriations made in House Bill 16-1398, concerning the requirement that the department of human services use a request-for-proposal process to contract with an entity to implement recommendations of the respite care task force, is amended to extend any unexpended money to the department of human services until the 2019-20 state fiscal year.
Appropriations made in House Bill 18-1328, concerning the children's habilitation residential waiver program, is amended to reduce the amount appropriated to the department of health care policy and financing.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-18 · Senate
SJR 19-008passed
Space Symposium
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Last action: 2019-04-18 · Senate
HB 19-1141failed
Preserve Senior And Disabled Veteran Property Tax Exemption
The bill specifies that for property tax years commencing on or after January 1, 2020, a senior is deemed to be a 10-year owner-occupier of a primary residence that the senior has owned and occupied for less than 10 years and therefore qualifies for the senior property tax exemption for the residence if:
The senior would have qualified for the senior property tax exemption for the senior's former primary residence but for the fact that medical necessity required the senior to stop occupying the former primary residence;
The senior has not previously received the exemption for a former primary residence on the basis of medical necessity; and
The senior has not owned and occupied another primary residence since the senior first stopped occupying his or her former primary residence due to medical necessity.
"Medical necessity" is defined as a medical condition of a senior that a physician licensed to practice medicine in Colorado has certified, on a form developed by the state property tax administrator, as having required the senior to stop occupying the senior's prior primary residence. When applying for such an exemption, a senior must provide to the assessor the form establishing proof of medical necessity.
For any property tax year commencing on or after January 1, 2019, the bill prohibits the general assembly from reducing or suspending the exemption for qualifying seniors and disabled veterans by lowering the maximum amount of actual value of residential real property that is the primary residence of a qualifying senior or a qualifying disabled veteran of which 50% is exempt from property taxation below $200,000 unless the amount of general fund revenue for the state fiscal year that ended during the prior property tax year is less than the amount of general fund revenue for the next preceding state fiscal year. If the general assembly lowers the amount of actual value of residential real property that is the primary residence of a qualifying senior or a qualifying disabled veteran of which 50% is exempt from property taxation for a property tax year below $200,000 in accordance with the new limitation established by the bill, that amount automatically increases to $200,000 for any subsequent property tax year for which the amount of general fund revenue for the state fiscal year that ended during the prior property tax year is equal to or more than the amount of general fund revenue for the next preceding state fiscal year.
(Note: This summary applies to this bill as introduced.)
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Last action: 2019-04-18 · House
SCR 19-003failed
Replace Motor Fuel Taxes With Additional Sales Tax
If approved by the voters of the state at the November 2020 general election, the concurrent resolution will amend the state constitution to require the general assembly to enact a law that will:
Effective July 1, 2021, repeal existing state excise taxes on gasoline and other liquid motor fuel, including diesel, compressed natural gas, liquefied natural gas, and liquefied petroleum gas (motor fuel taxes); except that the law shall not repeal the existing state excise tax on aviation fuel used for aviation purposes;
On and after July 1, 2021, levy an additional state sales and use tax (additional sales tax) at a rate calculated to generate the amount of net revenue needed to offset 99% of the state revenue loss resulting from the repeal of the motor fuel taxes for state fiscal year 2021-22; and
Require the net revenue generated by the additional sales tax to be credited to the highway users tax fund (HUTF), initially allocated to the state, counties, and municipalities in a manner that preserves existing HUTF allocations as nearly as possible, and used exclusively for the construction, maintenance, and supervision of the surface transportation system of the state.
The concurrent resolution specifies that for purposes of the Taxpayer's Bill of Rights, its approval by the voters of the state constitutes voter approval in advance for the state to levy the additional sales tax and to retain and spend all revenue generated by the additional state sales and use tax during a state fiscal year that exceeds the amount of revenue generated during the 2020-21 state fiscal year by the repealed gasoline and special fuel taxes as a voter-approved revenue change.
(Note: This summary applies to this concurrent resolution as introduced.)
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Last action: 2019-04-18 · Senate
SB 19-212signed
Appropriation General Fund Implement State Water Plan
State water plan - grant program - appropriations. Section 1 of the act:
Creates the water plan implementation grant program (program); and
Specifies criteria for expenditures by the Colorado water conservation board (board) for the program.
The act appropriates:
$8.3 million from the general fund to the department of natural resources (department) for use by the board to finance grants; and
$1.7 million from the general fund to the department for use by the board for stakeholder outreach and technical analysis to develop a water resources demand management program.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-17 · Senate
HB 19-1218failed
Loaned Water For Instream Flows To Improve Environment
Under current law, the Colorado water conservation board (board), subject to procedural requirements established to prevent injury to water rights or decreed conditional water rights, may use loaned water for instream flows if the loaned water is used for preserving the natural environment of a stream reach that is subject to a decreed instream flow water right held by the board. The bill expands the number of years within a 10-year period that a loan may be exercised from 3 years to 5 years, but for no more than 3 consecutive years, and allows a loan to be renewed for up to 2 additional 10-year periods.
The bill also expands the board's ability to use loaned water for instream flows to allow loans to improve the natural environment to a reasonable degree pursuant to a decreed instream flow water right held by the board.
In considering whether to accept the new type of loan authorized by the bill, the board must evaluate the proposed loan based on a biological analysis performed by the division of parks and wildlife. The board is required to promulgate rules regarding the necessary steps for reviewing and accepting such a loan. The state or division engineer's decision to approve or deny a proposed loan may be appealed to a water judge, who is required to hear the matter on an expedited basis and to review the evidence presented to the state or division engineer on a de novo basis.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Last action: 2019-04-17 · House
HB 19-1293failed
Government Youth Apprenticeship Program Stipends
The bill creates the government youth apprenticeship stipend program (program) in the state work force development council (council) to provide grants to certain nonprofit organizations to enable the nonprofit organizations to provide stipends to governmental entities that offer government youth apprenticeships. The bill specifies that governmental entities include the state and any state agency or institution, including the judicial and legislative departments, a county, city and county, incorporated city or town, school district, special improvement district, and authority.
The bill specifies the dates by which a nonprofit organization must apply to the council for grant money and dates by which the council is required to award and distribute the grants to one or more nonprofit organizations. The nonprofit organizations that receive a grant are required to use the grant money to distribute stipends to governmental entities that apply for the stipend.
The bill specifies limitations on the amount of the stipend that may be provided to a governmental entity for a single government youth apprenticeship. The bill also specifies limitations on the number of stipends that may be provided to a single governmental entity in any calendar year. In addition, the bill specifies that a nonprofit organization that receives grant money is required to use at least 20% of the total amount awarded to provide stipends to governmental entities located in a rural area.
A governmental entity must apply to a nonprofit organization that received a grant to receive a stipend for its government youth apprenticeship. To be eligible to receive a stipend, a governmental entity is required to satisfy certain specified criteria, including the contribution of at least $2,000 toward the costs of a government youth apprenticeship. A governmental entity that receives a stipend is required to use the money from the stipend, as well as the $2,000 that the governmental entity contributes to the government youth apprenticeship, only for certain specified purposes.
The bill creates the government youth apprenticeship stipend fund (fund) in the state treasury and requires the state treasurer to transfer $2 million from the general fund to the fund in the 2019-20, 2020-21, and 2021-22 state fiscal years.
The council is required to submit an annual report on the program as part of the Colorado talent pipeline report that is prepared and submitted to the governor and the general assembly.
(Note: This summary applies to this bill as introduced.)
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Last action: 2019-04-17 · House
HB 19-1271failed
Augmention Of Instream Flows
The bill clarifies that the Colorado water conservation board may augment stream flows to preserve or improve the natural environment to a reasonable degree by use of an acquired water right that has been previously quantified and changed to include augmentation use, without a further change of the water right being required.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Last action: 2019-04-17 · House
SB 19-209signed
PACE Program Funding Methodology
Medicaid - PACE program funding - interim review of funding methodology - appropriation. The act directs the department of health care policy and financing (department) to negotiate the monthly contracted rate for PACE program services for the 2019-20 fiscal year, and each fiscal year thereafter, using an actuarially sound upper payment limit methodology that complies with federal law regarding PACE organizations.
The act repeals provisions in statute directing the department to apply a grade of membership method in determining the upper payment limit methodology and tying the 2019-20 fiscal year appropriations to a new methodology or to the fiscal year 2016-17 appropriation.
The act requires the department and PACE organizations to meet during the 2019 legislative interim to consider the appropriate funding methodology for PACE programs and other issues relating to PACE delivery models, administrative oversight and funding administrative services, and appropriations requests.
For the 2019-20 state fiscal year, the act appropriates $6,755,479 to the department of health care policy and financing for medical assistance premiums for the PACE program, with the expectation of receiving the same amount in matching federal funds.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-17 · Senate
SR 19-011passed
Workplace Harassment Committee
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Last action: 2019-04-17 · Senate
SCR 19-002failed
Modifications To Operations Of General Assembly
The resolution makes the following changes regarding the operations of the general assembly:
Decreases the maximum length of regular sessions of the general assembly from 120 calendar days to 90 calendar days in even-numbered years and 60 calendar days in odd-numbered years;
Requires a biennial budget session to be held in every even-numbered year;
Limits the number of bills that a member of the general assembly may introduce to 2 bills in any regular session of the general assembly, excluding bills for appropriations and bills recommended by legislative committees;
Limits the number of resolutions that a member of the general assembly may introduce to 2 resolutions in any regular session of the general assembly. This includes resolutions, joint resolutions, and concurrent resolutions, but excludes resolutions on the question of adjournment or relating solely to the transaction of business between the 2 houses.
Allows both houses of the general assembly to create a restrictive process to authorize an exemption from the specified bill and resolution limits;
Beginning with the fiscal year commencing on July 1, 2022, implements a biennial state budget cycle and specifies how the general assembly will apply existing constitutional requirements to the biennial budget process; and
Establishes the process for consideration of a general appropriation bill.(Note: This summary applies to this concurrent resolution as introduced.)
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Last action: 2019-04-17 · Senate
SB 19-052signed
Emergency Medical Service Provider Scope Of Practice
Emergency medical service providers - scope of practice - medical supervision of practice in a clinical setting - prehospital scope of practice - state board of health rules. The act expands an emergency medical service (EMS) provider's scope of practice by authorizing a provider to practice under the medical supervision of a licensed physician, physician assistant, advanced practice nurse, or registered nurse, who is immediately available and physically present at the clinical setting where the EMS provider is performing tasks and procedures within the EMS provider's scope of practice. The state board of health may promulgate rules regarding medical supervision of an EMS provider's performance of tasks and procedures in a clinical setting. The act also specifies the prehospital settings in which an EMS provider may perform patient care, which care is subject to medical direction by a physician.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-17 · Senate
HB 19-1198signed
Electric Vehicle Grant Fund
Electric vehicle grant fund - administration. The act modifies the statute governing the electric vehicle grant fund (fund) as follows:
Allows the fund to be used to administer grants for the installation of charging stations for electric vehicles;
Allows the fund to prioritize the grants it will provide based on criteria defined by the Colorado energy office;
Allows the fund to be used to fully fund the installation of charging stations and offset station operating costs; and
Requires the money in the fund to be continuously appropriated to the Colorado energy office.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-17 · House
HB 19-1086signed
Plumbing Inspections Ensure Compliance
Plumbing - registrants' demonstration of competency upon reinstatement - inspections. Section 1 of the act allows the state plumbing board (board) to require plumbing apprentices and plumbing contractors to demonstrate competency before reinstatement of an expired registration.
To reinstate a license or registration that has been expired for 2 or more years, a person must demonstrate competency by:
Providing verification of a license in good standing from another state and proof of active practice in that state for the year previous to the date of receipt of the reinstatement application;
Satisfactorily passing the state plumbing examination; or
Any other means approved by the board.
To reinstate a license or registration that has been expired for less than 2 years (other than the first renewal or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination), a person must have completed 8 hours of continuing education for every 12 months that have passed after the later of the last date of renewal or reinstatement.
The board is required to adopt rules establishing continuing education requirements and standards.
Section 2 requires state plumbing inspectors, an incorporated town or city, county, city and county, or qualified state institution of higher education (inspecting entity) to conduct a contemporaneous review of each plumbing project inspected to ensure compliance with the plumbing law, including specifically licensure and apprentice requirements. However, each inspecting entity need not perform a contemporaneous review for each inspection of a project. Each inspecting entity shall develop standard procedures to advise inspectors on how to conduct a contemporaneous review. Each inspecting entity must post its standard procedures on its public website and provide the director of the division of professions and occupations within the department of regulatory agencies with a link to the web page on which the standard procedures have been posted or, if the inspecting entity does not have a website, provide its current procedures to the director for posting on the board's website. The board can issue a cease-and-desist order to an inspecting entity that is conducting inspections that do not comply with statutory requirements.
Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · House
HB 19-1150signed
Recreate Consumer Insurance Council
Consumer insurance council - recreation - membership - meetings - expense reimbursement - sunset review. The act recreates and reenacts the consumer insurance council and its duties and responsibilities, as they existed prior to the repeal of the council on July 1, 2018, with the following modifications:
The council's authority to issue annual consumers' choice awards to health insurers is not reenacted;
The council is to consist of at least 6 members and not more than 15 members, consumers not engaged in the insurance industry may serve on the council, the council is to reflect the state's demographic diversity in addition to geographic diversity but need not include representation from each congressional district in the state, and the commissioner is to timely appoint members to the council;
Members are to be reimbursed for actual and necessary expenses incurred in traveling to and from council meetings, including any required dependent care and dependent or attendant travel, food, and lodging expenses;
The council is to meet quarterly and may request to meet up to 4 more times per year; and
The council is authorized to submit recommendations to the commissioner, and the commissioner is required to timely respond to council recommendations.
The council is scheduled for sunset review and repeal on September 1, 2029.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · House
HB 19-1029signed
Republican River Water Conservation District
Republican river water conservation district - expansion of boundaries - board of directors - composition and meeting schedule. The boundaries of the Republican river water conservation district are currently established by statute as certain counties and portions of counties that are within the Republican river basin. The act expands the boundaries by including the district areas where groundwater pumping depletes the flow of the Republican river as contemplated by applicable United States supreme court case law. The composition of the district's board of directors is adjusted accordingly.
Current law requires the Republican river water conservation district board of directors to conduct regular quarterly meetings in January, April, July, and October. The act changes these months to February, May, August, and November.
The act requires that each director of the board of directors, at the time of the director's appointment, must be a resident of Colorado; a resident of a county that is, in whole or in part, within the boundaries of the district; and an owner of real property that is within the boundaries of the district from which the director is appointed, as well as within the county or ground water management district from which the director is appointed.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · House
SB 19-181signed
Protect Public Welfare Oil And Gas Operations
Oil and gas operations - air quality regulation - local government authority - oil and gas conservation commission - composition - authority - financial assurance requirements - pooling - appropriation. The act prioritizes the protection of public safety, health, welfare, and the environment in the regulation of the oil and gas industry by modifying the oil and gas statutes and by clarifying, reinforcing, or establishing various aspects of local governments' regulatory authority over the surface impacts of oil and gas development.
Current law specifies that local governments have so-called "House Bill 1041" powers, which are a type of land use authority over oil and gas mineral extraction areas, only if the Colorado oil and gas conservation commission (commission) has identified a specific area for designation. Sections 1 and 2 of the act repeal that limitation.
Section 3 directs the air quality control commission to review its rules to consider whether to adopt more stringent rules and to adopt rules to minimize emissions of methane and other hydrocarbons, volatile organic compounds, and oxides of nitrogen.
Section 4 clarifies that local governments have land use authority to regulate the siting of oil and gas locations to minimize adverse impacts to public safety, health, welfare, and the environment and to regulate land use and surface impacts, including the ability to inspect oil and gas facilities; impose fines for leaks, spills, and emissions; and impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and enforce local governmental requirements. Section 4 also allows a local government or oil and gas operator to request the director of the commission to convene a technical review board to evaluate the effect of the local government's preliminary or final determination on the operator's application.
Section 5 repeals an exemption for oil and gas production from counties' authority to regulate noise.
The remaining substantive sections of the act amend the "Oil and Gas Conservation Act" (Act). The legislative declaration for the Act states that it is in the public interest to "foster" the development of oil and gas resources in a manner "consistent" with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources; this has been construed to impose a balancing test between fostering oil and gas development and protecting public health, safety, and welfare. Section 6 states that the public interest is to "regulate" oil and gas development to "protect" those values.
Currently, the Act defines "waste" to include a diminution in the quantity of oil or gas that ultimately may be produced. Section 7 excludes from that definition the nonproduction of oil or gas as necessary to protect public health, safety, welfare, the environment, or wildlife resources. Section 7 also repeals the requirement that the commission take into consideration cost-effectiveness and technical feasibility with regard to actions and decisions taken to minimize adverse impacts and repeals the limitation of the term "minimize adverse impacts" to wildlife resources.
The 9-member commission currently includes the executive directors of the departments of natural resources and public health and environment as ex officio members, 3 members who must have substantial experience in the oil and gas industry, and one member who must have training or experience in environmental or wildlife protection. Section 8 reduces the number of industry members to one and requires one member with training or substantial experience in wildlife protection; one member with training or substantial experience in environmental protection; one member with training or substantial experience in soil conservation or reclamation or technical expertise relevant to the issues considered by the commission; one member who is an active agricultural producer or a royalty owner; and one member with training or substantial experience in public health. This version of the commission is repealed on the earlier of July 1, 2020, or the date on which 3 specific rules promulgated by the commission have become effective. On that date, section 9, which creates a professional 5-member commission (along with the 2 ex officio executive directors), becomes effective.
Section 10 requires the director of the commission to hire up to 2 deputy directors. Upon receipt of a request for a technical review, the director is required to appoint technical review board members.
The Act currently specifies that the commission has exclusive authority relating to the conservation of oil or gas. Section 11 clarifies that nothing in the Act alters, impairs, or negates the authority of:
The air quality control commission to regulate the air pollution associated with oil and gas operations;
The water quality control commission to regulate the discharge of water pollutants from oil and gas operations;
The state board of health to regulate the disposal of naturally occurring radioactive materials and technologically enhanced naturally occurring radioactive materials from oil and gas operations;
The solid and hazardous waste commission to regulate the disposal of hazardous waste and exploration and production waste from oil and gas operations; or
A local government to regulate land use related to oil and gas operations, including specifically the siting of an oil and gas location.
Currently, an operator first gets a permit from the commission to drill one or more wells within a drilling unit, which is located within a defined area, and then notifies the applicable local government of the proposed development and seeks any necessary local government approval. Section 12 requires operators to file, with the application for a permit to drill, either: Proof that the operator has already filed an application with the affected local government to approve the siting of the proposed oil and gas location and of the local government's disposition of the application; or proof that the affected local government does not regulate the siting of oil and gas locations. Section 12 also specifies that, until the commission has promulgated rules regarding 3 specific topics and the rules have become effective, the director may delay the final determination regarding a permit if the director, following a public comment period, determines that the permit requires additional analysis to ensure the protection of public health, safety, and welfare or the environment or requires additional local government or other state agency consultation.
Pursuant to commission rule, an operator may submit a statewide blanket financial assurance of $60,000 for fewer than 100 wells or $100,000 for 100 or more wells. Section 12 directs the commission to adopt rules that require financial assurance sufficient to provide adequate coverage for all applicable requirements of the Act. Current law allows the commission to set numerous fees used to administer the Act and sets a $200 or $100 cap on the fees. Section 12 eliminates the caps and requires the commission to set a permit application fee in an amount sufficient to recover the commission's reasonably foreseeable direct and indirect costs in conducting the analysis necessary to assure that permitted operations will be conducted in compliance with all applicable requirements of the Act.
Current law gives the commission the authority to regulate oil and gas operations so as to prevent and mitigate "significant" adverse environmental impacts to the extent necessary to protect public health, safety, and welfare, taking into consideration cost-effectiveness and technical feasibility. Section 12 requires the commission to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources and protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations. Section 12 also requires the commission to adopt rules that require alternate location analyses for oil and gas facilities that are proposed to be located near populated areas and that evaluate and address the cumulative impacts of oil and gas development. Finally, section 12 directs the commission to promulgate rules to:
Ensure proper wellbore integrity of all oil and gas production wells, including the use of nondestructive testing of weld joints and requiring certification of several categories of oil and gas workers;
Allow public disclosure of flowline information and to evaluate and determine when a deactivated flowline must be inspected before being reactivated; and
Evaluate and determine when inactive, temporarily abandoned, and shut-in wells must be inspected before being put into production or used for injection.
Section 13 modifies the commission's administrative procedures, including by taking into account determinations made by administrative law judges.
Current law authorizes "forced" or "statutory" pooling, a process by which "any interested person", typically an operator who has at least one lease or royalty interest, may apply to the commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt a pooling order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow the operator to produce the oil and gas within the drilling unit notwithstanding the owner's lack of consent. Section 14 requires that the owners of more than 45% of the mineral interests to be pooled must have joined in the application for a pooling order and that the application include either: Proof that the applicant has already filed an application with the affected local government to approve the siting of the proposed oil and gas facilities and of the local government's disposition of the application; or proof that the affected local government does not regulate the siting of oil and gas facilities. Section 14 also specifies that the operator cannot use the surface owned by a nonconsenting owner without permission from the nonconsenting owner.
Current law also sets the royalty that a nonconsenting owner is entitled to receive at 12.5% of the full royalty rate until the consenting owners have been fully reimbursed (out of the remaining 87.5% of the nonconsenting owner's royalty) for their costs. Section 14 raises a nonconsenting owner's royalty rate during this pay-back period from 12.5% to 13% for gas and 16% for oil and makes corresponding reductions of the portions of the nonconsenting owner's royalty from which the consenting owners' costs are paid.
Current law requires the commission to ensure that the 2-year average of the unobligated portion of the oil and gas conservation and environmental response fund does not exceed $6 million and that there is an adequate balance in the environmental response account in the fund to address environmental response needs. Section 15 directs the commission to ensure that the unobligated portion of the fund does not exceed 50% of total appropriations from the fund for the upcoming fiscal year and that there is an adequate balance in the account to support the operations of the commission and to address environmental response needs.
Section 16 specifies that for permit-specific conditions for wildlife habitat protection, the commission is required to consult with and obtain consent from a surface owner only if the permit-specific conditions directly impact the affected surface owner's property or use of that property.
Section 17 amends preemption law by specifying that both state agencies and local governments have authority to regulate oil and gas operations and establishes that local government requirements may be more protective or stricter than state requirements.
Section 18 appropriates $851,010 to the department of natural resources to implement the act.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
SB 19-138signed
Bond Requirements For Public Projects Using Private Financing
Contract performance and payment bonds. Under current law, when a person, company, firm, corporation, or contractor (contractor) enters into a contract with a county, municipality, school district, or, in some instances, any other political subdivision of the state, to perform work in connection with a project that has specified characteristics, the contractor is required to execute performance bonds and payment bonds.
The act specifies that some of these bonding requirements apply to certain construction contracts situated or located on publicly owned property using public or private money or public or private financing.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
SB 19-088signed
Revised Uniform Unclaimed Property Act
Revised uniform unclaimed property act. The act replaces the current provisions relating to the disposition of unclaimed property with the "Revised Uniform Unclaimed Property Act" (RUUPA), as adopted by the National Conference of Commissioners on Uniform State Laws in 2016, but including a number of Colorado-specific amendments. The RUUPA responds to current transactions and practices, in particular electronic records, and seeks to promote uniformity among state laws regarding the disposition of unclaimed property.
The RUUPA is subdivided into 15 parts, which are summarized as follows:
Part 1 establishes general provisions, including definitions for terms used in the RUUPA and authority for the administrator, who is the state treasurer, to make rules related to the RUUPA;
Part 2 establishes standards to determine if property is abandoned. Under the RUUPA, property is presumed abandoned if it is unclaimed by its apparent owner after a specified period of time known as the dormancy period. Some of the dormancy periods in the RUUPA are shorter than current law. This part also includes a number of sections that are included in current law to exempt property from the RUUPA.
Part 3 establishes priority rules for determining when the state may take custody of property that is presumed abandoned;
Part 4 requires a holder of property presumed to be abandoned to provide a report to the administrator and to retain certain records;
Part 5 establishes the notice that the administrator must provide to the apparent owner;
Part 6 establishes how the administrator takes custody of property after it has been abandoned;
Part 7 permits the administrator to sell property at a public sale after notice;
Part 8 relates to the administration of property and keeps the requirement that the proceeds of property sold be deposited in the existing unclaimed property trust fund and the unclaimed property tourism promotion trust fund;
Part 9 addresses claims to recover property from the administrator and includes existing provisions to allow offsets against the claim for child support; judicial restitution, fines, fees, or surcharges; and delinquent taxes and claims of the state;
Part 10 permits the administrator to request a report from a person and to examine records to determine compliance with the RUUPA;
Part 11 provides a holder with the right to appeal the administrator's determination concerning the holder's liability to deliver property or payment to the state;
Part 12 establishes penalties for a holder that fails to comply with the RUUPA;
Part 13 governs agreements between an apparent owner and a person commonly known as a "finder" who locates and recovers abandoned property on behalf of the owner;
Part 14 addresses the confidentiality and security of information related to the abandoned property; and
Part 15 includes miscellaneous provisions relating to the uniformity of construction, electronic signatures, a local government opt-out, and transitional interpretation.
The act also includes the "Unclaimed Life Insurance Benefits Act", which establishes the duty of an insurer to compare names of insured with the death master file and to verify a match found on the list. Benefits that are not able to be paid to designated beneficiaries or owners whom cannot be found are transferred to the administrator in accordance with the RUUPA.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
SB 19-210signed
Juvenile Detention Beds
Juvenile detention beds - cap reduction - report - appropriation. Under current law, the cap on the number of juvenile detention beds is 382. For the 2019-20 and future state fiscal years, the act lowers the cap to 327.
The division of youth services is directed to submit a report to the joint budget committee concerning statutory and rule changes and the financing necessary to create flexibility in the allocation of juvenile detention beds among judicial districts.
The act reduces appropriations to the department of human services to reflect the lowering of the cap.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
SB 19-012failed
Use Of Mobile Electronic Devices While Driving
Current law prohibits the use of wireless telephones while driving for individuals who are younger than 18 years of age. The bill:
Extends the prohibition to drivers of all ages;
Extends the existing prohibition of the use of wireless telephones to include all mobile electronic devices;
Establishes the penalties as $50 and 2 points for a first violation, $100 and 2 points for a second violation, $200 and 4 points for a third or subsequent violation, and $300 and 4 points if the violation involves text messaging;
Creates an exception to the prohibition of the use of mobile electronic devices for adult drivers who use a mobile electronic device while a hands-free accessory is engaged; and
Repeals a sentence enhancement for a violation that causes bodily injury or death.
Appropriates $7,425 to the department of revenue to implement the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Last action: 2019-04-16 · Senate
HB 19-1038signed
Dental Services For Pregnant Women On Children's Basic Health Plan Plus
Children's basic health plan - dental services for pregnant women - appropriation. Current law requires the medical services board to include dental services for eligible children enrolled in a children's basic health plan. The act requires the board to include dental services to all eligible enrollees, which includes children and pregnant women.
The act appropriates $66,955 to the department of health care policy and financing to implement the act.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · House
HB 19-1069signed
Sign Language Interpreters Title Certification
Sign language interpreters - title protection - certification - appropriation. The act adds "translator" and "certified translator" for sign language to the list of titles that a person certified by the Registry of Interpreters for the Deaf, Inc., may use. The act also authorizes the Colorado commission for the deaf, hard of hearing, and deafblind to approve certifications of sign language interpreters to use the mentioned titles.
$19,440 is appropriated from the Colorado telephone users with disabilities fund to the department of human services to implement the act.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · House
SB 19-211signed
Mental Health Criminal Diversion Program
Criminal mental health programs - extension - report - appropriation. In 2018, the general assembly established the mental health criminal justice diversion pilot program (pilot program) and the mental health criminal justice grant program (grant program). The act extends the grant program an additional year and removes the cap on the total of all grants awarded per year. The act also requires the state court administrator to provide reports to specified committees of the general assembly concerning both the pilot program and the grant program.
The act appropriates $442,543 to the judicial department for the grant program.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
SB 19-097signed
Area Technical College Grant Program
Area technical colleges - capital construction and equipment requests. The act establishes a grant program to provide up to $4 million annually to area technical colleges (ATC) for specified capital construction and equipment purchases. An ATC may submit a request to the Colorado commission on higher education (commission). If there is more than one request in a year, the ATCs must prioritize the requests. The commission may include the grant request in its budget request for ATCs in the following state fiscal year. If the commission includes more than one request, it must prioritize the requests. If the ATC receives grant money, the ATC must submit a report back to the commission in any year in which it expends grant money.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
SB 19-183signed
Alternate Procedure To Reorganize School Districts
School districts - organization. The act creates an alternate process for the dissolution and annexation of a school district. Pursuant to the act, if a school district meets specified criteria, the board of education of the school district (local school board) may seek dissolution and annexation of the school district by convening an organization planning committee (committee) that consists of representation from the local school board of the dissolving school district and the local school boards of the contiguous school districts. The local school board of the dissolving school district must notify the commissioner of education (commissioner) when a committee is formed. The committee must create a proposed plan of organization (plan) that dissolves the convening school district and annexes the territory of the dissolved school district to one or more of the contiguous school districts. The act specifies the issues that the committee must consider in creating the plan.
After adopting the proposed plan, the committee must submit the proposed plan to the commissioner and the local school boards of the affected school districts and provide notice of public hearings on the proposed plan. After holding public hearings, the committee must work with the commissioner to develop and adopt a final plan of organization. Within a set time after the final plan is adopted, the local school board of each affected school district must adopt the final plan by written resolution. If a local school board does not adopt the plan and there are only 2 affected school districts, or if the plan is not approved by at least 2 of the affected school districts, the committee is dissolved. If fewer than all but at least 2 of the affected school districts approve the plan, the committee may continue and prepare a new plan that involves only the school districts of the local school boards that approved the final approved plan.
Following approval of a final plan by the local school boards of all of the affected school districts, the county clerk and recorder for each affected county must file a map and legal description of the annexing school districts with the commissioner. The final plan takes effect on the date specified in the plan, and the final plan must be available for public review upon request. If the dissolved district has a certain level of indebtedness that is not bonded indebtedness, an annexing school district, after the effective date of the annexation and subject to voter approval, may levy a temporary tax of a specified amount on the annexed property to retire the indebtedness.
The act clarifies that, if the dissolving school district has bonded indebtedness existing as of the date of the dissolution and annexation and the annexing school district or school districts do not vote to assume the amount of the bonded indebtedness, the bonded indebtedness continues to be paid by the existing levy against the property of the dissolved school district, collected by the annexing school district or school districts.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-16 · Senate
HB 19-1199failed
Colorado Clean Pass Act
On and after July 1, 2022, the bill requires the high-performance transportation enterprise (HPTE) to impose an express lane access fee (access fee) in a specified amount annually at the time of registration of any eligible plug-in electric motor vehicle that weighs 19,500 pounds or less, that is certified as being qualified for the federal plug-in electric drive motor vehicle tax credit or can be recharged from an external source of electricity and that stores electricity in a rechargeable battery that propels or contributes to the propulsion of the vehicle's drive wheels if the owner of the vehicle chooses to pay the access fee in exchange for the right to operate the vehicle on express lanes without regard to the number of persons in the vehicle for free on any express lane that is a high occupancy vehicle lane and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane. HPTE is not authorized to impose the access fee upon the registration of a vehicle registered for a registration period beginning on or after July 1, 2020, but before July 1, 2022, but, upon the registration of a vehicle for such a registration period, the owner of an eligible plug-in electric motor vehicle may choose to apply for the right to operate the vehicle for free on any express lane that is a high occupancy vehicle lane without regard to the number of persons in the vehicle and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane.
A plug-in electric motor vehicle is an "eligible plug-in electric motor vehicle" if it is being registered for its 1st, 2nd, or 3rd registration period under the ownership of the same owner and if making the vehicle eligible would not cause the total number of eligible vehicles to exceed a specified cap that increases annually for 5 years until reaching a permanent maximum amount. "Express lane" is defined to include any high occupancy vehicle lane, toll lane, or high occupancy toll lane that HPTE, a private partner of HPTE, or HPTE in conjunction with a private partner of HPTE or the department of transportation (CDOT) operates and maintains or that HPTE designates as an express lane, which currently includes:
Operating express lanes on Interstate Highway 25 between downtown Denver and 120th Avenue, on Interstate Highway 70 between Idaho Springs and Empire, and on U.S. Highway 36 between Denver and Boulder; and
Planned express lanes on: (1) Interstate Highway 25 between 120th Avenue and State Highway E-470, Johnstown and Fort Collins, and Monument and Castle Rock; (2) Interstate Highway 70 between Interstate Highway 25 and Chambers Road; and (3) State Highway C-470 between Interstate Highway 25 and Wadsworth Boulevard.
Each county clerk and recorder, acting as an authorized agent of the department of revenue, is required to collect the access fee, and access fee revenue is credited to the statewide transportation enterprise special revenue fund for use by HPTE. The owner of an eligible plug-in electric motor vehicle may choose not to pay the access fee, but must pay the fee to be authorized to operate the vehicle for free on any express lane that is a high occupancy vehicle lane and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane, without regard to the number of persons in the vehicle. If the free or reduced toll use of express lanes by eligible plug-in electric motor vehicles is determined to cause a decrease in the level of service for other bona fide users of the express lanes so that CDOT or HPTE is violating or will violate within the next 3 months contractual level of service guarantees or will be unable to satisfy debt service coverage requirements, then CDOT may restrict or eliminate free and reduced toll use of the express lanes by eligible plug-in electric motor vehicles for as long as the violation or inability is expected to continue. CDOT is required to report annually during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing regarding the actual and projected free and reduced toll use of express lanes by eligible plug-in electric vehicles and any actions that it has taken or expects to take to restrict, limit, or restore such use.
The existing authorization for a limited number of inherently low-emission vehicles or hybrid vehicles to use express lanes without regard to the number of persons in the vehicle and without paying a toll expires for each participating vehicle on the date of the first registration of the vehicle for a registration period that begins on or after July 1, 2022.
The department of revenue and CDOT are required to coordinate to establish electronic processes that:
Automatically notify HPTE and, if deemed necessary by HPTE, any private partner of HPTE that operates an express lane, when the owner of a plug-in electric motor vehicle pays the access fee so that HPTE, directly or through its private partners, can successfully administer and enforce the conditions of access for eligible plug-in electric motor vehicles to express lanes; and
Automatically notify each authorized agent when the access fee can or cannot be collected in accordance with the limitation on the number of eligible plug-in electric motor vehicles.
CDOT is authorized to promulgate administrative rules to ensure proper implementation, administration, and enforcement of the conditions of access for eligible plug-in electric motor vehicles to express lanes.
(Note: This summary applies to this bill as introduced.)
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Last action: 2019-04-15 · House
HB 19-1191signed
Allow Farm Stands On Any Size Principal Use Site
Farm stands - retail sale of goods permitted - compliance with other applicable laws. The act defines "farm stand" to mean a temporary or permanent structure used for the sale and display of agricultural products resulting from agricultural operations that are conducted on the principal use site on which the farm stand is located. The act permits a farm stand to sell and display agricultural products resulting from agricultural operations not conducted on the principal use site to the extent permitted by the applicable local government.
The act permits a farm stand to be located on a parcel of any size. The retail sale of goods to the public by a farm stand must include goods or other agricultural products that are grown or produced on the principal use site on which the farm stand is located or may include agricultural products resulting from agricultural operations that are not conducted on the principal use site to the extent permitted by the applicable local government. The act does not prohibit a local government from requiring the operator of a farm stand to obtain a valid license or permit or to comply with any other applicable laws prior to operating the farm stand, but in no way shall such local permitting, licensing, or other applicable legal requirements deny the use of the site as a farm stand.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
HB 19-1078signed
Landowner Consent Listing National Register
Register of historic places - approval of multiple property documentation form - state historical society - requirement that applicant obtain consent of affected landowners. Prior to taking any action to approve a multiple property documentation form (form) or to request the approval of the keeper of the national register of historic places of an executed form, the act requires the state historical society to require the applicant to obtain the consent, evidenced by a signature, of each owner of the land and property included within the region of lands described in the form who provided any information or granted access to their land or property.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
HB 19-1119signed
Peace Officer Internal Investigation Open Records
Open records - peace officer internal investigation file. The act makes an internal investigation file (file) of a peace officer for in-uniform or on-duty conduct that involves a member of the public subject to an open records request. The act requires some information to be redacted and allows other information to be redacted before complying with the open records request. The act allows the custodian of the file to first provide a summary of the file to the requester and then allows the requester access to the file after the requester has reviewed the summary. Under the act, a custodian of a file in which there is an ongoing criminal case can deny inspection of the file. The file becomes open for inspection after all the charges are dismissed or the defendant is sentenced.
The act allows a person who has been denied access to any information in a completed internal affairs investigation file to file an application in court to show cause why the withheld or redacted information should not be made available to the applicant. If the court determines, based on its independent judgment, applying de novo review, that any portion or portions of the completed internal affairs investigation file were improperly withheld, the court shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld.
The act applies to files of internal investigations that were started after April 12, 2019.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
HB 19-1201signed
Board Of Education Executive Session Negotiations Strategy
Open meetings law - executive session - developing strategy for negotiations relating to collective bargaining or employment contracts. Under the Colorado open meetings law, a board of education of a school district (board) may hold an executive session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators. The act clarifies that these matters authorizing the board to meet in executive session include development by the board of its strategy for negotiations relating to collective bargaining or employment contracts.
The act also makes a conforming amendment to the "Colorado School Collective Bargaining Agreement Sunshine Act".
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
SB 19-148signed
Sunset Process Seed Potato Advisory Committee
Seed potato act - advisory committee - continuation under sunset law. The act implements the following recommendations of the department of regulatory agencies' 2018 sunset review and report on the "Colorado Seed Potato Act" and the seed potato advisory committee by:
Extending the committee indefinitely, subject to review under the act in 2028;
Replacing a member of the committee who is an employee of the department of agriculture with a member who is a potato grower who does not grow seed potatoes, with a preference for a potato grower with an operation in the western slope region of the state, but only when commercial cultivation begins in the western slope region;
Repealing a requirement that one member of the committee who represents the Colorado Certified Potato Growers Association be the association's sitting president; and
Repealing a provision that sets and staggers the initial terms of the members of the committee.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · Senate
SB 19-151signed
Sunset Emergency Planning Subcommittee
Emergency management - homeland security and all-hazards senior advisory committee - emergency planning subcommittee - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the emergency planning subcommittee by continuing the subcommittee.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · Senate
HB 19-1177signed
Extreme Risk Protection Orders
Firearms - extreme risk protection order - petition requirements - hearings - firearm surrender options - termination hearing - appropriation. The act creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning on January 1, 2020. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed.
After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. The court shall appoint counsel to represent the respondent at the hearing. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO prohibits the respondent from possessing, controlling, purchasing, or receiving a firearm for 364 days.
Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer, or, if the firearm is an antique or relic or curio, the firearm may be surrendered to a family member who is eligible to possess a firearm and who does not reside with the respondent. If a person other than the respondent is determined to be the lawful owner of any firearms surrendered to law enforcement, the firearm must be returned to him or her.
The respondent can motion the court once during the 364-day ERPO for a hearing to terminate the ERPO. The respondent has the burden of proof at a termination hearing. The court shall terminate the ERPO if the respondent establishes by clear and convincing evidence that he or she no longer poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The court may continue the hearing if the court cannot issue an order for termination at that time but believes there is a strong possibility the court could issue a termination order prior to the expiration of the ERPO.
The petitioner requesting the original ERPO may request an extension of the ERPO before it expires. The petitioner must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned within 3 days of the respondent requesting return.
The act requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing shall provide statistics related to petitions for ERPOs.
The act appropriates $119,392 from the general fund to the judicial department for court costs, jury costs, and court-appointed counsel costs.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
HJR 19-1013passed
Designate The Corporal Sexton Memorial Highway
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Last action: 2019-04-12 · House
SB 19-147signed
Sunset Seed Potato Grower Regulation
Seed potato act - continuation under sunset law. The act continues the regulation of seed potato growers and implements the recommendations of the department of regulatory agencies' 2018 sunset review and report on the "Colorado Seed Potaato Act" by:
Extending regulation of seed potato growers until 2028 (sections 1 and 7 of the act);
Repealing an obsolete provision authorizing uncertified seed potatoes to be used before January 1, 2012 (section 2);
Repealing the option to have an independent auditor perform the review of records required by the act (sections 3 and 4);
Requiring the committee of area no. 2 to pay the fees that implement seed potato regulation (section 5); and
Repealing the provision that limits the amount of a fine to $2,500 (section 6).(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · Senate
HB 19-1135signed
Clarify Income Tax Credit For Retrofitting A Home
Income tax - retrofits to an individual's residence for increased visitability - tax credit available for qualified individual's dependent. The act clarifies that the income tax credit for retrofitting a residence for increased visitability is available for changes made to a residence that benefit a qualified individual's dependent.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
SB 19-076signed
CDOT Colorado Department Of Transportation Consulting Engineer Contracts
Consulting engineer contracts for transportation projects - study by efficiency and accountability committee - report. The act requires the efficiency and accountability committee of the department of transportation (CDOT) to study and report to the executive director of CDOT and the transportation commission its findings and any recommendations regarding the following issues relating to consulting engineer contracts for CDOT projects:
Implementation of fixed bid procurement in lieu of bids based on hourly charges;
The quality assurance process;
The revolving door of retired CDOT employees going to work for consultants;
Incentives for closing out project contracts, early project completion, and timely problem resolution; and
Project staffing and implementation of a work plan for consistent CDOT and consultant construction project administration.
CDOT must annually report to its legislative oversight committees, as part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, regarding the findings and any recommendations reported by the efficiency and accountability committee and the position of CDOT with respect to the findings and any recommendations.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · Senate
HB 19-1007signed
Contribution Limits For County Offices
Campaign contribution limits - county offices - appropriation. Current law regulating campaign finance does not set limits on contributions to candidates for a county office. The act sets the maximum amount of aggregate contributions that a person may make to a candidate committee of a candidate for a county office, and that a candidate committee for such candidate may accept from such person, as follows:
In the case of any person other than a small donor committee or a political party, $1,250 for both the primary and general elections;
In the case of a small donor committee, $12,500 for both the primary and general elections; and
In the case of a political party, $22,125 for the applicable election cycle.
The act defines "county office" to mean a county commissioner, county clerk and recorder, sheriff, coroner, treasurer, assessor, or surveyor.
The act specifies that the contribution limits in the act are required to be adjusted for inflation in the same manner as other contribution limits specified in the state constitution.
The act also makes statutory requirements governing the disclosure of campaign finance information and the filing of disclosure reports applicable to a contribution made to, or received by, a candidate committee of a candidate for a county office.
For the 2019-20 state fiscal year, the act appropriates $7,000 to the department of state cash fund for personal services related to information technology services.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · House
SB 19-152signed
Sunset Public Safety Communications Subcommittee
Emergency management - homeland security and all-hazards senior advisory committee - public safety communications subcommittee - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the public safety communications subcommittee by continuing the subcommittee.(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · Senate
SB 19-006signed
Electronic Sales And Use Tax Simplification System
Sales and use tax - sourcing method for development of electronic sales and use tax simplification system. The act requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The act also requires the office and the department to involve stakeholders to develop the scope of work.
The act requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that are credited to the general fund.
The act specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction.
The act specifies that it is the general assembly's intent that 3 local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the act states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within 3 years.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-12 · Senate
SB 19-027failed
County Authority Unclaimed Body Final Disposition
Current law requires a county to bury an unclaimed dead body after following certain procedures. The bill authorizes the county to also cremate the body or use any lawful method of final disposition. The bill also harmonizes conflicts in existing law to the standards required by the final disposition statute.
Current law gives a coroner or other governmental official who has control over an unclaimed dead body between 24 and 48 hours to find any relatives or friends of the deceased. The bill extends this deadline to 5 days.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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Last action: 2019-04-11 · Senate
HB 19-1197signed
Protect Social Workers' Personal Information On Internet
Child welfare caseworkers - prohibition on posting caseworkers' personal information on the internet if threat to caseworker - removing caseworkers' personal information in government records if threat to caseworker. The act defines caseworker (caseworker) to include a state or county employee and county attorney who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect.
The act makes it unlawful for a person to knowingly make available on the internet personal information of a caseworker or a caseworker's family if the dissemination of the personal information poses an imminent and serious threat to the safety of the caseworker or the caseworker's family and the person disseminating the information knew or should have known of the imminent and serious threat. Violation of the provision is a class 1 misdemeanor.
A state or local government official (official) shall remove the personal information of the caseworker or the caseworker's immediate family contained in records that the official makes available on the internet if the caseworker submits a request with an affidavit asserting under penalty of perjury that the dissemination of the personal information poses an imminent and serious threat to the caseworker or the caseworker's immediate family. The official is also required to deny a request for inspection under the "Colorado Open Records Act" for personal information contained in those same records.
(Note: This summary applies to this bill as enacted.)
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Last action: 2019-04-11 · House
HR 19-1005passed
Cultured Meat Misbranding Terms
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Last action: 2019-04-11 · House
SR 19-010passed
Police Week And Peace Officers' Memorial Day
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Last action: 2019-04-11 · Senate