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Bill Tracker

based on: Profile: Colorado Children's Caucus

 
 
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Colorado Children's Caucus monitoring all bills impacting children and families in Colorado


Bill: HB13-1006
Title: K-12 Breakfast After The Bell Nutrition Program
Official Summary

The bill creates the "Breakfast After the Bell Nutrition Program" (program). The program requires every school with 70% or more students eligible for free or reduced-cost lunch to offer a free breakfast to each student in the school. Individual schools may select a method and time to offer the breakfast, so long as it occurs after the first bell of the school day. Exemptions are made for small schools and school districts and for public and charter schools that do not currently participate in the federal school lunch program.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/06/2013)
StatusGovernor Action - Signed (05/15/2013)
House SponsorsD. Moreno (D)
T. Exum Sr. (D)
Senate SponsorsA. Giron (D)
House CommitteeEducation
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1007
Title: Early Childhood & School Readiness Leg Commission
Official Summary

The general assembly originally created the early childhood and school readiness legislative commission (commission) in 2009, and the commission repealed on July 1, 2012. The bill recreates the commission as it previously existed, but the commission will be staffed by legislative staff and will be eligible for funding through the appropriation for legislative studies. The commission repeals July 1, 2018.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/02/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsC. Peniston (D)
Senate SponsorsE. Hudak (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1015
Title: Disclose Mental Health Claims All-payer Database
Official Summary

Current law prohibits small group health plans from disclosing mental health history, diagnosis, or treatment services information received in an initial application for coverage, or in subsequent claims for benefits, without the written consent of the insured person.

The bill repeals this prohibition, thereby enabling small group carriers to report mental health claims data to the all-payer claims database.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/15/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsT. Kraft-Tharp (D)
Senate SponsorsJ. Kefalas (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1020
Title: Testing Evidence Of Sexual Assault
Official Summary

The bill requires the executive director of the department of public safety to adopt rules concerning forensic medical evidence of a sexual assault (forensic evidence) collected by law enforcement agencies. The rules shall include:

  • Standards for when forensic evidence must be submitted bylaw enforcement agencies to the Colorado bureau of investigation or another accredited crime laboratory (laboratory); and
  • Time frames for when the forensic evidence must besubmitted, analyzed, and compared to DNA databases.
  • The bill requires the consent of the victim prior to the release of forensic evidence following disclosure of the purpose for the release and

allows the victim to withdraw consent.

To resolve the backlog of unanalyzed forensic evidence, the bill requires:

  • Law enforcement agencies to submit to the Coloradobureau of investigation (CBI) an inventory of all unanalyzed forensic evidence in active investigations that meets the standard for mandatory submission; and
  • The CBI to submit a plan to analyze all of the forensicevidence inventories by law enforcement agencies.
  • A law enforcement agency may develop its own plan to analyze

forensic evidence if the evidence will be analyzed by June 30, 2014.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/18/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsF. McNulty (R)
Senate SponsorsE. Roberts (R)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1021
Title: Improving School Attendance
Official Summary

The bill requires each school district to monitor student attendance and to identify:

  • each student who is chronically absent. A student ischronically absent if he or she is absent, excused or unexcused, for 10 percent or more of the school year;
  • each student who has a significant number of unexcusedabsences; and
  • each student who is habitually truant. A student ishabitually truant if he or she has 4 unexcused absences in one month or 10 unexcused absences in a school year.
  • If a student is chronically absent, the school district must implement best practices and research-based strategies to improve the

student's attendance.

If a student is habitually truant, the school district shall contact the local collaborative management group, juvenile support services group, or other local community services group to coordinate the creation of a multidisciplinary plan to improve the student's school attendance.

A school district shall initiate court proceedings to enforce school attendance requirements but only if implementation of the student's multidisciplinary plan is unsuccessful. If a school district initiates court proceedings, it must submit evidence of the student's attendance record and the efforts made to improve the student's attendance. If the court issues an order to compel attendance, the order must also require the parent and student to cooperate in implementing the multidisciplinary plan. Under current law, the court may sentence the student to detention if the student does not comply with the valid court order. The bill limits the term of detention to no more than 5 days.

Under current law, a person who is 17 years of age or older may take the GED. A student who is 16 years of age may take the GED, but only if the student provides evidence that the GED is necessary for the student to participate in an educational or vocational program. Under the bill, a student who is 16 years of age and who is under the jurisdiction of the juvenile court may take the GED if the judicial officer or administrative hearing officer finds it is in the student's best interest to do so.

The bill clarifies that a school district that is required to provide educational services to a juvenile detention facility shall provide the services for a number of hours that is comparable to the compulsory school attendance requirements and shall provide educational services that align with, and are designed to enable the juveniles to meet, the state model content standards.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsR. Fields (D)
Senate SponsorsE. Hudak (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1023
Title: Academic Acceleration School District Policy
Official Summary

Educational Success Task Force. The bill requires each school district and institute charter school to adopt a policy concerning academic acceleration for students. The policy may include provisions outlined in the bill.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/19/2013)
StatusGovernor Action - Signed (03/22/2013)
House SponsorsR. Fields (D)
C. Murray (R)
Senate SponsorsD. Balmer (R)
A. Kerr (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1032
Title: Offenses Against Unborn Children
Official Summary

The bill provides that, if the commission of any crime codified in the criminal code or traffic code is the proximate cause of death or injury to an unborn member of the species homo sapiens, the prosecuting attorney, in charging the underlying offense, may also charge the homicide or assault offense that is appropriate to the death or injury.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/13/2013)
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (01/28/2013)
House SponsorsJ. Joshi (R)
Senate Sponsors
House CommitteeState, Veterans, & Military Affairs
Senate Committee
LobbyistsLobbyists

Bill: HB13-1033
Title: Abortion Ban
Official Summary

The bill prohibits abortion and makes any violation a class 3 felony. The following are exceptions to the prohibition:

    • A licensed physician performs a medical proceduredesigned or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice;
    • A licensed physician provides medical treatment to themother that results in the accidental or unintentional injury or death to the unborn child.
    • The pregnant mother upon whom an abortion is performed or attempted is not subject to a criminal penalty. The sale and use of contraception is not prohibited by the bill. A conviction related to the abortion prohibition constitutes unprofessional conduct for purposes of physicain licensing.

 

 

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/20/2013)
StatusHouse Committee on Health, Insurance & Environment Postpone Indefinitely (02/05/2013)
House SponsorsS. Humphrey (R)
Senate Sponsors
House CommitteeHealth, Insurance & Environment
Senate Committee
LobbyistsLobbyists

Bill: HB13-1038
Title: Voting Rights Persons In Youth Corrections Custody
Official Summary

In the case of any individual confined to a juvenile facility and in the custody of the division of youth corrections (division) in the department of human services who is 18 years of age or older on the date of the next election, the bill requires the administrator of the facility in which the individual is confined to facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the bill requires the administrator to provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail or mail-in ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official.

To facilitate the provision of identification documents required to enable such individuals to register to vote and to cast a ballot, the bill requires the administrator to collaborate with the secretary of state to compile a list of documents and forms of identification that are in the possession of the division or that individuals in the custody of the division are likely to have in their possession that would constitute an acceptable form of identification permitting such individuals to register to vote, cast a ballot at a polling place, or cast a mail ballot. The bill further requires the administrator and the secretary of state to post the list of documents and forms of identification in a prominent place on the public web sites maintained by the department of human services and the secretary, respectively. The bill also requires the secretary to provide notice to the county clerk and recorders as well as other designated election officials that these documents and other forms of identification constitute an acceptable form of identification permitting such individuals to exercise their voting rights as specified in the bill.

The bill exempts an administrator from any legal restriction on the number of mail or mail-in ballots an eligible elector may deliver in person to the designated election official.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/23/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsP. Rosenthal (D)
Senate SponsorsN. Todd (D)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: HB13-1047
Title: Extracurricular Participation Across Sch Districts
Official Summary

Under current law, if a student's school of attendance does not offer an activity in which the student wishes to participate, the student may participate in the activity at another public school in the student's school district of attendance or in the student's school district of residence. If the activity is not offered at any public school in the school district of attendance or the school district of residence, the student may participate in the activity at a public school in a school district that is contiguous to the student's school district of residence or at the nearest public school that has the facilities for and offers the activity.

The bill clarifies that, if a student chooses to participate in an activity at a public school other than his or her school of attendance, the school district in which the student chooses to participate shall choose the public school at which the student shall participate. The school district shall choose the public school that offers the greatest number of activities in which the student wishes to participate.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/19/2013)
StatusGovernor Action - Signed (04/26/2013)
House SponsorsS. Schafer (D)
Senate SponsorsN. Todd (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1055
Title: Colorado Works Redetermination Of Eligibility
Official Summary

The bill removes the requirement that annual redetermination of eligibility for the Colorado works program be done in person and allows the department to use other methods to determine continued eligibility for the program.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/23/2013)
StatusGovernor Action - Signed (03/08/2013)
House SponsorsJ. May (D)
Senate SponsorsJ. Kefalas (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1058
Title: Determination Of Spousal Maintenance Upon Divorce
Official Summary

The bill creates a process, including guidelines as to amount and term, for determining an award for spousal maintenance at temporary or permanent orders in proceedings for dissolution of marriage, legal separation, or declaration of invalidity filed on or after January 1, 2014.

Key points in the process include:

  • Initial findings of fact concerning each party's grossincome, marital property, financial resources, and reasonable need as established during the marriage;
  • Findings concerning the guideline amount and term ofmaintenance for marriages of at least 3 years where the parties' annual combined gross income does not exceed $240,000; and
  • Factors relating to the appropriate amount and term ofmaintenance.
  • The bill maintains the overall threshold standard of need contained in current law that the court must consider before entering a maintenance

award.

The bill specifies that the maintenance guidelines as to the amount and term of maintenance do not create a presumption. The court maintains discretion to determine the maintenance award after making the required findings and considering all of the provisions of the law. The court must make written or oral findings in support of its maintenance award or a denial of maintenance.

Maintenance orders will be modified pursuant to the existing modification statute.

For dissolution of marriage, legal separation, or declaration of invalidity actions filed on or after January 1, 2014, maintenance awarded at permanent orders may be suspended, reduced, or modified based upon the cohabitation of the recipient spouse when the payor spouse can show that the recipient spouse has maintained a primary residence with another person as a couple for 6 months after the entry of the initial maintenance order. Maintenance may be reinstated upon the termination of the recipient spouse's cohabitation with another person, but shall not be reinstated beyond the original maintenance term.

The enactment of section 1 of the bill does not constitute a substantial and continuing change of circumstances for purposes of modifying existing maintenance orders.

The bill includes provisions for securing maintenance awards and for a party to waive maintenance, accept a reduced amount of maintenance, and to enter into agreements relating to maintenance.

Additionally, the bill defines "gross income" for purposes of applying the maintenance guidelines and for determining maintenance.

Finally, the bill amends the current statute for modification of maintenance by clarifying when maintenance terminates and by creating a presumption of good faith in favor of the payor spouse once he or she reaches full social security retirement age.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/11/2013)
StatusGovernor Action - Signed (05/10/2013)
House SponsorsB. McCann (D)
Senate SponsorsA. Kerr (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1065
Title: Federal Professionals Mental Health Authority
Official Summary

The bill amends the definition of "professional person", for purposes of providing care and treatment to persons with a mental illness, to include a person licensed in another state who is providing medical or clinical services at a treatment facility in Colorado that is operated by the United States.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/15/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsA. Stephens (R)
Senate SponsorsN. Todd (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1068
Title: On-site Inspections Of Medicaid Providers
Official Summary

Currently, state law requires the department of health care policy and financing (department) to provide advance notice to a medicaid provider of a review or audit of the provider.

Federal law requires that the department require a provider to permit the department or its contractors and the federal medicaid agency or its agent to conduct on-site inspections of provider locations, unannounced and without advance notice to the provider, for purposes of ensuring the accuracy of records and compliance with federal and state medicaid requirements. The bill amends the statute to allow for unannounced inspections of medicaid providers.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/21/2013)
StatusGovernor Action - Signed (04/08/2013)
House SponsorsD. Young (D)
Senate SponsorsE. Roberts (R)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1074
Title: CDPHE Primary Care Office
Official Summary

This bill moves the primary care office and its powers, duties, and functions from the prevention services division to the department of public health and environment (CDPHE). The bill updates the law to make it consistent with federal requirements for programs operated by the primary care office. The bill reduces the number of members of the Colorado health service corps advisory council and clarifies the moneys included in the Colorado health service corps fund.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (04/26/2013)
House SponsorsT. Kraft-Tharp (D)
Senate SponsorsE. Roberts (R)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1081
Title: Comprehensive Human Sexuality K-12 Education
Official Summary

The bill moves and adds language to the content standards for the instruction of comprehensive human sexuality education.

The bill creates the comprehensive human sexuality education grant program (program) in the department of public health and environment (department). An oversight entity will assess available funding opportunities and work with appropriate state departments to apply for federal and state grant moneys to fund the program. Once the program is funded, the oversight entity and the department shall work together to notify school districts, boards of cooperative services, and the state charter school institute of the program. The oversight entity will develop criteria for grant applications and for determining who will receive grant moneys and for how long. The oversight entity shall review all of the grant applications and make recommendations to the department concerning the awarding of grants through the program. The moneys distributed through the program must only be used for the purpose of providing comprehensive human sexuality education programs that are evidence-based, culturally sensitive, medically accurate, age-appropriate, reflective of positive youth development approaches, and that comply with statutory content standards.

The state board of health shall promulgate rules for the implementation of the program.

Schools that receive funding for local comprehensive health education programs are required to implement an opt-out policy rather than an opt-in policy for comprehensive health and sexuality education programs.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/26/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsC. Duran (D)
Senate SponsorsN. Todd (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1082
Title: Expunging Juvenile Delinquency Records
Official Summary

A court that adjudicates a person a juvenile delinquent shall consider initiating expungement proceedings for the person's records not more than 30 days after the person's sentence is discharged.

A court that adjudicates a person an aggravated juvenile offender or a violent juvenile offender, or that adjudicates a person a juvenile delinquent for a felony offense of unlawful sexual behavior, shall consider initiating expungement proceedings for the person's records not more than 5 years after the person's sentence is discharged.

The bill permits a court to order a petitioner's records expunged in cases where the petitioner has been convicted of a misdemeanor since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision.

Under current law, the public has access to arrest and criminal records information, including a physical description, that concerns a juvenile who is adjudicated a juvenile delinquent or is subject to a revocation of probation for:

  • Committing the crime of possession of a handgun by ajuvenile;
  • Committing an act that would constitute a class 1, 2, 3, or4 felony; or
  • Committing an act that would constitute any crime thatinvolves the use or possession of a weapon if such act were committed by an adult.

The bill limits the public's access to include only arrest and criminal records information, including a physical description, that concerns a juvenile who is adjudicated a juvenile delinquent or is subject to a revocation of probation for:

  • Committing the crime of possession of a handgun by a juvenile; or
  • Committing an act that would constitute a class 1 felony.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/09/2013)
StatusGovernor Action - Signed (05/17/2013)
House SponsorsJ. Labuda (D)
Senate SponsorsP. Steadman (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1084
Title: Child Care License Status When New FEIN Is Issued
Official Summary

Under current law, when an entity licensed under the "Child Care Licensing Act" (a child care center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency) is issued a new federal employee identification number (FEIN), the entity is required to fill out an original application for a license from the state department of human services (state department), thus triggering new inspections of the facility and criminal background checks of employees.

This bill requires the state department to treat a previously licensed entity that is issued a new FEIN as a renewal instead of requiring submission of an original application when the following occur:

  • The reason for the new FEIN is solely due to a change inthe corporate structure;
  • The management or governing body of the entity remainsthe same as originally licensed; and
  • The facility or facilities are the same as those originallylicensed. 

The bill requires that only newly hired employees undergo criminal background checks.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/23/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsB. DelGrosso (R)
Senate SponsorsL. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1087
Title: Membership Human Services Allocation Committees
Official Summary

The bill increases the membership of the child welfare allocation committee and the works allocation committee to 11 members each and allocates the appointment of members between a statewide association of counties and the state department of human services.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/23/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsJ. May (D)
Senate SponsorsJ. Nicholson (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1088
Title: Office Of Health Equity CDPHE
Official Summary

The bill changes the name of the office of health disparities in the department of public health and environment to the office of health equity (office) and adds duties to the office that include promoting health equity and including more diverse groups that may be affected by health equity and health disparity issues. The bill also replaces the minority health advisory commission with the health equity commission (commission). The purpose of the commission is to serve as an advisor to the office on health equity issues. The commission representation is changed from 13 to 15 members and includes the executive directors of the department of human services and department of health care policy and financing. The members of the commission must represent diverse populations in Colorado that include those whose health equity may be affected due to ethnicity, sexual orientation, gender identity, disability, and socioeconomic status and also must have expertise in at least one specified area. The commission's new duties include coordination of the departments' health equity efforts and health disparities grant program and strengthening partnerships with communities impacted by health disparities. The bill changes the sunset review date of the commission from 2017 to 2023.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/15/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsR. Fields (D)
Senate SponsorsA. Giron (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1094
Title: Tax Credit For School-related Expenditures
Official Summary

The bill creates an income tax credit for income tax years commencing on or after January 1, 2013, that allows a taxpayer who is the parent or guardian of a dependent child to claim a credit for costs incurred for school fees or school supplies in that income tax year. The amount of the credit allowed is 25% of the total expenditure for school fees or school supplies or $500, whichever is less.

The bill allows the credit to be carried forward, but not refunded, for 3 years from the income tax year in which the credit is claimed.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/13/2013)
StatusHouse Committee on Finance Postpone Indefinitely (02/06/2013)
House SponsorsT. Dore (R)
Senate Sponsors
House CommitteeFinance
Senate Committee
LobbyistsLobbyists

Bill: HB13-1095
Title: Home School Students Participation In Activities
Official Summary

Under the bill, a school district, a public school, or an interscholastic organization cannot require a student who is enrolled in a nonpublic home-based educational program to enroll in or complete course credits as a condition of participating in an extracurricular activity, unless the activity is an extension of a course. The bill clarifies that the statute that governs a student's ability to enroll in a program or school other than the student's neighborhood school does not apply to student participation in extracurricular activities at a public school.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/19/2013)
StatusGovernor Action - Signed (04/26/2013)
House SponsorsA. Stephens (R)
Senate SponsorsV. Marble (R)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1104
Title: Mental Hlth Profl Oral Disclosure Peer Assist
Official Summary

Current law requires all mental health professionals to disclose specified information to clients during the initial client contact both orally and in writing. Section 1 of the bill eliminates the requirement that mental health professionals disclose the required information orally.

Current law also requires mental health professionals, upon initial application or renewal of a license, certification, or registration, to pay a fee to fund the costs of the mental health professional peer health assistance program, the purpose of which is to provide assistance to a professional needing help in dealing with a physical, emotional, or psychological condition that may impact his or her ability to practice his or her mental health profession. Section 2 of the bill modifies the program as follows:

  • Requires the director of the division of professions andoccupations (director) to annually review the fee amount and adjust the fee as necessary to reflect program usage, but not to exceed $25;
  • Requires a designated provider that is chosen to provide theprogram to take into consideration, when referring a mental health professional for treatment, the cost of the treatment and whether it poses a financial hardship on the professional, and, if so, requires the designated provider to consider alternative treatment or referral to a treatment program that offers a sliding-scale fee;
  • Precludes the director from selecting a designated provideruntil each mental health board has provided input, and further precludes the selection of a designated provider until the boards and director obtain input from mental health professionals; and
  • Requires a designated provider to notify the applicableboard when a mental health professional successfully completes the program, and requires the board to reinstate the professional's license, registration, or certification upon successful completion of the program.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/29/2013)
StatusGovernor Action - Signed (03/29/2013)
House SponsorsT. Kraft-Tharp (D)
Senate SponsorsL. Newell (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1117
Title: Alignment Of Child Development Programs
Official Summary

Section 1 of the bill states the general assembly's recognition that it is in the state's best interest for a specific office within the department of human services (department) to administer early childhood programs.

Section 2 of the bill specifies that the department has the responsibility to administer early childhood programs and to assist the state board of human services in awarding grants. Participation in any early childhood program is voluntary and is not intended to interfere with parental rights.

Section 3 of the bill moves the early childhood leadership council (ECLC) from the governor's office to the department. The overall membership is reduced from 35 to 20 members, by removing representatives of the office of information technology, the office of economic development, the state workforce development council, and the legislature. The reconstituted ECLC will now include representatives from the local public health community. The ECLC's duties are changed to include more advising and monitoring of efforts around early childhood programs. The ECLC was scheduled to repeal July 1, 2013, but this date is extended to September 1, 2018.

The bill relocates several boards and programs from the department of public health and environment to the department of human services without substantive change:

  • The nurse home visitation program (section 4);
  • The Tony Grampsas youth services program, the Colorado youth mentoring services program, the Colorado student dropout prevention and intervention program, and the Colorado student before-and-after-school project (section 5);
  • The Colorado Children's Trust Fund and its board (sections 7 and 8); and
  • The family resource center program (sections 9-11).

The remaining sections of the bill make conforming amendments.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/29/2013)
StatusGovernor Action - Signed (05/07/2013)
House SponsorsM. Hamner (D)
Senate SponsorsM. Hodge (D)
A. Kerr (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1129
Title: Evidence-based Practices For Offender Services
Official Summary

The bill creates the evidence-based practices implementation for capacity resource center in the division of criminal justice in the department of public safety. The resource center will assist agencies serving juvenile and adult populations to develop, implement, and sustain effective science-based frameworks to support the use of evidence-based practices. An advisory board will oversee the resource center. The members of the advisory board are, at a minimum, the executive directors of the department of public safety, department of corrections, and department of human services, the director of the division of criminal justice, and the director of the division of probation or their designees. The director of the division of criminal justice may appoint additional members to ensure adequate representation and oversight. The division of criminal justice is authorized to accept gifts, grants, and donations for the program. The division will report to the general assembly by July 1, 2014, and every 3 years thereafter on the status of the resource center.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/30/2013)
StatusGovernor Action - Signed (05/11/2013)
House SponsorsB. Pettersen (D)
Senate SponsorsL. Newell (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1131
Title: Ban Sex-selection Abortions
Official Summary

The bill outlaws:

  • The performance of an abortion for the purposes of sexselection;
  • Coercion of an abortion for the purposes of sex selection;
  • Solicitation or acceptance of funds for the performance ofan abortion for the purposes of sex selection; or
  • Transporting a woman into Colorado so the woman canreceive an abortion for the purposes of sex selection.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/20/2013)
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/27/2013)
House SponsorsL. Saine (R)
Senate SponsorsT. Harvey (R)
House CommitteeState, Veterans, & Military Affairs
Senate Committee
LobbyistsLobbyists

Bill: HB13-1135
Title: Voter Preregistration At Age 16
Official Summary

A person who has reached 16 years of age but who will not reach 18 years of age by the date of the next election is allowed to preregister using any means available to persons of voting age. The registration will automatically become active when the preregistered person reaches 18 years of age.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/03/2013)
StatusGovernor Action - Signed (05/10/2013)
House SponsorsJ. Singer (D)
Senate SponsorsA. Kerr (D)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: HB13-1148
Title: Aggravating Sentence Enhancement Provisions
Official Summary

The bill repeals the extraordinary risk sentencing enhancer. The bill makes certain child abuse crimes and stalking crimes a crime of violence. Under current law there are numerous mandatory sentences in which the court is required to sentence to at least the midpoint of the presumptive range. The bill changes that sentencing requirement to at least the minimum of the presumptive range. The bill increases the maximum range for class 3 through 6 felony crimes of violence.

The bill makes conforming amendments.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/15/2013)
StatusHouse Committee on Judiciary Postpone Indefinitely (03/21/2013)
House SponsorsM. Foote (D)
Senate SponsorsE. Roberts (R)
House CommitteeJudiciary
Senate Committee
LobbyistsLobbyists

Bill: HB13-1149
Title: Jessica's Law Mandatory Sentence
Official Summary

The bill requires a court to impose a minimum indeterminate sentence of at least 25 years of incarceration on an offender who commits a sexual assault against a child who is 14 years of age or younger and 7 or more years younger than the offender at the time of the offense. If the parole board releases an offender who has been sentenced pursuant to this bill, the parole board has to keep the offender on parole for the remainder of the offender's life.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/18/2013)
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/13/2013)
House SponsorsL. Szabo (R)
Senate Sponsors
House CommitteeState, Veterans, & Military Affairs
Senate Committee
LobbyistsLobbyists

Bill: HB13-1151
Title: Sales & Use Tax Holiday For Higher Ed Textbooks
Official Summary

Section 1 of the bill creates a one-day state sales and use tax exemption (holiday) for any textbook that is required or recommended for use at an institution of higher education and that is sold by a campus book store. This sales and use tax holiday occurs on the last Monday of August of the next 5 years. The exemption applies to new, used, and electronic textbooks.

Section 2 of the bill permits a statutory town, city, or county to create an identical local sales tax holiday.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/05/2013)
StatusHouse Committee on Finance Postpone Indefinitely (02/22/2013)
House SponsorsD. Moreno (D)
Senate SponsorsJ. Kefalas (D)
House CommitteeFinance
Senate Committee
LobbyistsLobbyists

Bill: HB13-1154
Title: Crimes Against Pregnant Women Act
Official Summary

The bill creates a new article for offenses against pregnant women. The new offenses are unlawful termination of a pregnancy in the first degree, unlawful termination of a pregnancy in the second degree, unlawful termination of a pregnancy in the third degree, unlawful termination of a pregnancy in the fourth degree, vehicular unlawful termination of a pregnancy, aggravated vehicular unlawful termination of a pregnancy, and careless driving resulting in unlawful termination of a pregnancy. The bill makes it clear that a court can impose consecutive sentences for a violation of this act and other associated convictions. The bill excludes from prosecution medical care for which the mother provided consent. The bill does not confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.

The bill repeals the criminal abortion statutes.

The bill makes conforming amendments.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/10/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsM. Foote (D)
C. Levy (D)
Senate SponsorsP. Steadman (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1160
Title: Consolidate Theft Statutes With New Penalties
Official Summary

The bill amends the penalties for criminal theft and amends criminal theft to include the existing statutory offenses of theft of rental property and theft by receiving. The existing statutory offenses of theft of rental property, theft by receiving, fuel piracy, and newspaper theft are repealed.

The bill makes conforming amendments.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsD. Pabon (D)
Senate SponsorsS. King (R)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1170
Title: Policies Allowing Concealed Carry In Public School
Official Summary

The bill authorizes a school district board of education and the governing board of a charter school to adopt a written policy to allow an employee of the school district or charter school to carry a concealed handgun on school grounds if the person holds a valid permit to carry a concealed handgun.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/16/2013)
StatusHouse Committee on Judiciary Postpone Indefinitely (02/19/2013)
House SponsorsS. Humphrey (R)
Senate SponsorsO. Hill (R)
House CommitteeJudiciary
Senate Committee
LobbyistsLobbyists

Bill: HB13-1171
Title: Emergency Use Of Epinephrine Injectors In Schools
Official Summary

The governing authority of public and nonpublic schools may adopt a policy to authorize the school nurse or other designated school personnel to administer an epinephrine auto-injector to any student that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis, in accordance with a standing protocol from a licensed physician, physician's assistant, or advance practice nurse with prescriptive authority, and regardless of whether the student has a prescription for an epinephrine auto-injector. Schools may acquire and maintain a stock supply of epinephrine auto-injectors. A  governing authority of a school may enter into arrangements with manufacturers or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market or reduced prices or for free.

The state board of education, with assistance from the department of public health and environment, is required to adopt rules on the management of students with life-threatening allergies, training of users of epinephrine auto-injectors, and on the reporting of incidences of anaphylaxis and the administration of epinephrine auto-injectors.

The bill requires a public school that obtains epinephrine auto-injectors to meet the rules on training, maintenance, and physician involvement requirements. The department of education shall develop and publish an annual report compiling, summarizing, and analyzing all incident reports submitted to the department.

The bill limits the liability of a public or nonpublic school and a good-faith user of an epinephrine auto-injector in emergency situations in school settings when the school has adopted a policy on the administration of epinephrine auto-injectors in accordance with a standing protocol. To qualify for the limited immunity protection, a nonpublic school must follow the state board of education's rules on training, maintenance, and physician-involvement requirements. The bill extends the limited immunity under current law available to a public school to a nonpublic school when a student self-administers an epinephrine auto-injector pursuant to an approved treatment plan.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/12/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsD. Primavera (D)
Senate SponsorsN. Todd (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1172
Title: K-12 Public School Accountability
Official Summary

Under existing law, if a public school fails to improve under a turnaround plan or operates under a priority improvement or turnaround plan for more than 5 consecutive school years, the state board of education (state board) directs the board of education of the school district (local school board) or the state charter school institute (institute) to take action to reconfigure the public school. The bill authorizes the parents of students enrolled in a public school that has operated under a priority improvement or turnaround plan for at least 2 consecutive years to submit a petition to the state board requesting the state board to direct the local school board or the institute to select an action to reform the public school immediately. The petition must be signed by at least 60% of the families of students enrolled in the public school if the school has been on a turnaround or priority improvement plan for 2 years and by more than 50% of the families of the students enrolled in the public school if the public school has been on a turnaround or priority improvement plan for more than 2 years. The parents must submit the petition by November 1 of the year preceding the year in which the public school would be reformed or by January 15 of the same year in which it would be reformed if the local school board or the institute appeals the public school's plan designation. The parents must submit a copy of the petition to the public school and the local school board when they submit it to the state board. Each petition must identify the public school to which it applies and include language concerning the effect of a person's signature on the petition.

If the state board receives a petition, it must place consideration of the request on the agenda of the next regularly scheduled public state board meeting. The state board may choose to deny the petition, direct an action to take effect in the next school year, or reconsider the petition in the next school year. In reviewing the petition, the state board must consider whether the public school has improved its achievement in the preceding 2 years. If the state board chooses to direct the local school board or the institute to take an action to reform the public school, it may ask the commissioner of education to convene the state review panel to evaluate the public school and make recommendations, or it may recommend a specific action to the local school board or the institute.

Within 30 days after receiving from the state board a direction to reform a public school, the local school board or the institute must hold a public meeting to select the action or actions it will implement. The local school board or the institute must implement the action by the following school year unless it receives an extension of time from the state board.

The bill changes the accreditation categories for school districts and the institute from "accredited with distinction", "accredited", "accredited with improvement plan", "accredited with priority improvement plan", and "accredited with turnaround plan" to "A", "B", "C", D", and "F".

Under current law, the department reviews the performance of each public school and recommends the type of school plan that the school must adopt. The local school board or the institute then assigns the HB13-117 public school to an accreditation level that correlates to the type of plan. Under the bill, the department will review each public school's performance and recommend to the state board the accreditation category to which the school will be assigned, and the state board will assign the school to an accreditation category. The accreditation categories are "A", "B", "C", "D", and "F". The local school board or the institute will ensure that the public school adopts a school plan that meets statutory requirements. A public school that has an "A" accreditation must adopt a plan that was previously labeled a "performance plan"; a public school that has a "B" or "C" accreditation must adopt a plan that was previously labeled an "improvement plan"; a public school that has a "D" accreditation must adopt a plan that was previously labeled a "priority improvement plan"; and a public school that has an "F" accreditation must adopt a plan that was previously labeled a "turnaround plan".

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/16/2013)
StatusHouse Committee on Education Postpone Indefinitely (03/06/2013)
House SponsorsK. Priola (R)
Senate SponsorsS. Renfroe (R)
House CommitteeState, Veterans, & Military Affairs
Senate Committee
LobbyistsLobbyists

Bill: HB13-1176
Title: Income Tax Credits For Nonpublic Education
Official Summary

The bill establishes a private school tuition income tax credit for income tax years commencing on or after January 1, 2014, that allows any taxpayer to claim a credit when a private school issues the taxpayer a credit certificate for enrolling a dependent qualified child in the private school or for offering a scholarship to a qualified child for enrollment in the private school. The credit may be carried forward for 3 years but not refunded, and the department of revenue is granted rule-making authority.

The amount of the credit is:

  • For any qualified child attending a private school on afull-time basis as described in the state board of education rules, either an amount equal to the scholarship offered to a qualified child or 50% of the previous year's state average per pupil revenue, whichever is less; and
  • For any qualified child attending a private school on ahalf-time basis as described in the state board of education rules, either an amount equal to the scholarship offered to a qualified child or 25% of the previous year's state average per pupil revenue, whichever is less. 

The bill establishes an income tax credit for income tax years commencing on or after January 1, 2014, that allows any taxpayer who decides to home-school a qualified child to claim an income tax credit:

  • In an amount equal to $1,000 for a taxpayer who home-schools a qualified child who was enrolled on a full-time basis as described in the state board of education rules in a public school in the state prior to being home-schooled; and
  • In an amount equal to $500 for a taxpayer who home-schools a qualified child who was enrolled on a half-time basis as described in the state board of education rules in a public school in the state prior to being home-schooled.

The credit may be carried forward for 3 years but not refunded.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/13/2013)
StatusHouse Committee on Education Postpone Indefinitely (02/18/2013)
House SponsorsL. Saine (R)
Senate SponsorsV. Marble (R)
House CommitteeEducation
Senate Committee
LobbyistsLobbyists

Bill: HB13-1195
Title: Human Trafficking
Official Summary

Criminal attempt, conspiracy, or solicitation to commit trafficking in children is a class 2 felony. Criminal attempt, conspiracy, or solicitation to commit trafficking in adults is a class 3 felony; except that the offense is a class 2 felony if the adult or adults are illegally present in the United States.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/10/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsJ. Wright (R)
D. Nordberg (R)
Senate SponsorsO. Hill (R)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1200
Title: Uniform Deployed Parents Custody Visitation Act
Official Summary

Colorado Commission on Uniform State Laws. The bill establishes the "Uniform Deployed Parents Custody and Visitation Act" (act). Provisions of the act address:

  • Custodial responsibility, caretaking, and decision-making authority during the deployment of one parent who is a HOUSE SPONSORSHIP Gardner, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.service member;
  • Procedures for granting custodial responsibility and caretaking or decision-making authority during deployment, temporary orders, filing orders with the court, hearings, and child support; and
  • Custodial responsibility, visitation, and temporary orders after return from deployment and termination of temporary agreements and orders.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/06/2013)
StatusGovernor Action - Signed (05/10/2013)
House SponsorsB. Gardner (R)
Senate SponsorsE. Roberts (R)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1202
Title: Counseling Relating To Scope Of Treatment Medicaid
Official Summary

The bill adds counseling by medicaid providers relating to medical orders for scope of treatment to the services included in the medicaid program.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/21/2013)
StatusGovernor Action - Signed (04/08/2013)
House SponsorsC. Gerou (R)
M. Ferrandino (D)
Senate SponsorsJ. Kefalas (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1209
Title: Child Support Revisions
Official Summary

The bill makes several changes to the child support sections of the Uniform Dissolution of Marriage Act, including:

  • Revises the schedule of basic child support obligations, including the application of a minimum order formula for income below $1,100 per month rather than the existing level of $850 per month;
  • Revises the minimum child support amount in circumstances in which the parents' combined monthly adjusted gross income is less than $1,100 per month to $50 per month for one child; $70 per month for 2 children; $90 per month for 3 children; $110 per month for 4 children; $130 per month for 5 children; and $150 per month for 6 or more children;
  • Revises the formula for calculating the low-income adjustment by removing the 40% multiplier factor;
  • Makes amendments to the definition of "gross income", including clarification of when earnings or gains on retirement accounts may be included in gross income;
  • Adds language concerning the handling and application of lump sum social security disability benefits or retirement benefits;
  • Provides language concerning the retroactive establishment of child support in situations where there has been a post-order change of physical care agreed on by the parents; and
  • Revises the duties, make-up, and terms of the child support commission.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/29/2013)
StatusGovernor Action - Signed (04/04/2013)
House SponsorsJ. May (D)
Senate SponsorsJ. Nicholson (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1219
Title: Statutory Changes To K-12 Education
Official Summary

The bill makes several changes to existing statute concerning K-12 education, including:

  • Directing the commissioner of education to establish andmaintain an educator identifier system and to review the content of educator preparation programs, including the preparation of an annual report on the effectiveness of those programs;
  • Authorizing the department of education (department) tocollect data from school districts related to student-level course completion;
  • Changing the student assessment statute to reflect thestate's new summative assessment system as adopted by the general assembly in 2012;
  • Removing obsolete reporting requirements for theaccelerating students through concurrent enrollment (ASCENT) program;
  • Changing the name of the literacy instruction authorizationto an adult basic education authorization;
  • Extending continuous spending authority of the state'slicensure system by one year to allow for continued refinements of the system; and
  • Limiting the reporting and notice mandate on thedepartment to rules that create a new mandate or an increase in the level of service for an existing state mandate.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/19/2013)
StatusGovernor Action - Signed (04/04/2013)
House SponsorsM. Hamner (D)
Senate SponsorsN. Todd (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1220
Title: Confidentiality K-12 Educator Performance Data
Official Summary

The bill clarifies that a school district or board of cooperative services may collect information concerning an individual educator's performance evaluation ratings and student assessments results linked to the educator for use in fulfilling duties required by law, including reporting of such information in the aggregate. Any information collected concerning an individual educator must remain confidential and may not be published in any way that would identify the individual educator. The department of education and state board of education may also collect data for bona fide research, so long as the data is collected per established protocol and is used in a manner that protects the identity of the educator.

The bill clarifies that evaluation reports and information are available when reviewing certain appeals.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (05/03/2013)
House SponsorsJ. Salazar (D)
Senate SponsorsR. Heath (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1222
Title: Family Care Act Family Medical Leave Eligibility
Official Summary

Under the federal "Family and Medical Leave Act" (FMLA), an employee is entitled to 12 workweeks of leave during a 12-month period to care for a spouse, child, or parent of the employee who has a serious health condition. In the case of a parent using FMLA leave to care for a child, the FMLA permits the leave only for the parent of a child who is under 18 years of age or is incapable of self-care because of a mental or physical disability. Current Colorado law is silent with regard to required family and medical leave, so Colorado employees are entitled to leave as specified in the FMLA.

The bill expands the group of family members for whom employees in Colorado may take FMLA leave when the family member has a serious health condition to include a person to whom the employee is related by blood, adoption, legal custody, marriage, or civil union or with whom the employee resides and is in a committed relationship. As a result, an employee is permitted to use FMLA leave for a child, regardless of the age or dependency of the child, as well as for a sibling, partner in a civil union, grandparent, grandchild, or in-law.

An employee who is denied leave to care for a person in the expanded group of family members has the right to recover damages or equitable relief, as is currently the case for persons denied leave to care for a family member for whom leave is permitted under the FMLA.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/22/2013)
StatusGovernor Action - Signed (05/03/2013)
House SponsorsC. Peniston (D)
Senate SponsorsJ. Ulibarri (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1224
Title: Prohibiting Large-capacity Ammunition Magazines
Official Summary

The bill prohibits the sale, transfer, or possession of an ammunition feeding device that is capable of accepting, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells (large-capacity magazine). A person may possess a large-capacity magazine if he or she owns the large-capacity magazine on the effective date of the bill and maintains continuous possession of the large-capacity magazine.

A person who sells, transfers, or possesses a large-capacity magazine in violation of the new provision commits a class 2 misdemeanor.

A large-capacity magazine that is manufactured in Colorado on or after the effective date of the bill must include a serial number and the date upon which the large-capacity magazine was manufactured or assembled. The serial number and date must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The Colorado bureau of investigation may promulgate rules that may require a large-capacity magazine that is manufactured on or after the effective date of the bill to bear identifying information in addition to the serial number and date of assembly.

A person who manufactures a large-capacity magazine in Colorado in violation of the new provision commits a class 2 misdemeanor.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/21/2013)
StatusGovernor Action - Signed (03/20/2013)
House SponsorsR. Fields (D)
Senate SponsorsM. Hodge (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1228
Title: Payment For Background Checks For Gun Transfers
Official Summary

The Colorado bureau of investigation (CBI) shall impose a fee for performing an instant criminal background check pursuant to the transfer of a firearm. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by CBI in performing the background check.

The amount collected as fees shall be transferred to the state treasurer for credit to the instant criminal background check cash fund (fund), which fund is created in the bill.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/20/2013)
StatusGovernor Action - Signed (03/20/2013)
House SponsorsL. Court (D)
Senate SponsorsR. Heath (D)
House CommitteeFinance
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: HB13-1229
Title: Background Checks For Gun Transfers
Official Summary

Unless a specified exception applies, before any person who is not a licensed gun dealer transfers or attempts to transfer possession of a firearm, he or she shall:

  • Require that a background check be conducted of theprospective transferee; and
  • Obtain approval of the transfer from the Colorado bureauof investigation (bureau) after a background check has been requested by a licensed gun dealer.

A prospective firearm transferor shall arrange for the services of one or more licensed gun dealers to obtain a background check. A prospective firearm transferee shall not accept possession of a firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer.

A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.

A person who violates the new provisions commits a class 1 misdemeanor.

Under current law, the clerk of the court of every judicial district and probate court in the state must periodically report to the national instant criminal background check system subject to specified court orders relating to mental health or substance abuse.

The bill requires the clerk of the court to also report this information to the Colorado bureau of investigation.

A court, upon becoming aware that the basis upon which a record of a mentally ill person reported by the clerk of the court does not apply or no longer applies, shall:

  • Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and
  • Notify the attorney general that such basis does not apply or no longer applies.

The bill sets forth a judicial process whereby a person who has been prohibited from possessing a firearm may apply or petition for relief from federal firearms prohibitions, as permitted by federal law.

In granting relief to a petitioner, the court shall issue findings that:

  • The petitioner is not likely to act in a manner that is dangerous to public safety; and
  • Granting relief to the petitioner is not contrary to the public interest.

If the court denies relief to a petitioner, the petitioner may petition the court of appeals to review the denial, including the record of the denying court. A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court. In reviewing a denial, the court of appeals may receive additional evidence necessary to conduct an adequate review.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/22/2013)
StatusGovernor Action - Signed (03/20/2013)
House SponsorsR. Fields (D)
B. McCann (D)
Senate SponsorsM. Carroll (D)
House CommitteeJudiciary
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: HB13-1238
Title: Transfer Funds For Med Marijuana Enforcement
Official Summary

The bill transfers $2.5 million from the medical marijuana program cash fund to the department of human services for marijuana and prescription drug abuse treatment each year for the next 4 years. A portion of that money shall fund prevention programs in the Tony Grampsas youth services program.

The state licensing authority shall collect both the application and licensing fees at the time of application and will refund the licensing fee if the applicant is denied a local license or withdraws the application.

The state licensing authority shall post a report on its web site by October 31, 2013, that shows the number of applications received, licenses granted, applications denied, applications withdrawn, and the results of enforcement efforts.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/26/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsB. McCann (D)
Senate SponsorsL. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeFinance
LobbyistsLobbyists

Bill: HB13-1239
Title: Creation Of A Statewide Youth Development Plan
Official Summary

The bill directs the Tony Grampsas youth services board to convene, subject to available funding, a group of interested parties to create a statewide youth development plan and a baseline measurement of youth activities, based on available data and resources.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/17/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsB. McCann (D)
Senate SponsorsM. Hodge (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1241
Title: Statewide Victim Information & Notification System
Official Summary

The bill authorizes the general assembly to appropriate, and directs the division of criminal justice in the department of public safety to distribute, moneys for a statewide victim information and notification system.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/19/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsB. Gardner (R)
R. Fields (D)
Senate SponsorsL. Guzman (D)
S. King (R)
House CommitteeLocal Government
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1243
Title: Court Orders For Parenting Time Findings Of Fact
Official Summary

The bill requires a court restricting parenting time based upon a finding that parenting time would endanger the child's physical health or significantly impair the child's emotional development to enumerate in its order the specific findings supporting the restriction on parenting time.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/23/2013)
StatusGovernor Action - Signed (04/18/2013)
House SponsorsD. Young (D)
Senate SponsorsJ. Ulibarri (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1244
Title: Continuation Of Ed Success Task Force
Official Summary

The bill extends the educational success task force (task force), which is currently scheduled to repeal July 1, 2013. In extending the task force, the bill removes the legislative members from the task force and places them in a separate educational success legislative committee that will oversee the work of the task force, which is made up of experts in a variety of educational areas. The legislative committee must meet at least 4 times per year with the task force. The legislative council staff and the office of legislative legal services will continue to provide staff support for the legislative committee, but not for the task force.

The bill removes the task force from the department of education where it is currently housed. The department of education and the department of higher education will continue to provide staff services for the task force to the extent possible within available appropriations.

The bill expands the issues that the task force must consider to include best practices and strategies to increase the number of students who graduate from high school, who demonstrate postsecondary and workforce readiness, and who successfully enroll in a postsecondary credential or degree program.

The legislative committee and the task force will repeal July 1, 2018.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/21/2013)
StatusSenate Committee on Legislative Council Postpone Indefinitely (04/26/2013)
House SponsorsD. Young (D)
R. Fields (D)
Senate SponsorsE. Hudak (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: HB13-1245
Title: Funding Colorado Health Benefit Exchange
Official Summary

On and after January 1, 2014, in order to fund the Colorado health benefit exchange, the bill allows:

  • The health benefit exchange board of directors to assessagainst small group and individual health insurers in an amount necessary to provide for the sustainability of the exchange; and
  • A credit against the tax imposed against insurancecompanies to any insurance company that becomes a qualified taxpayer by making a contribution to the exchange.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/12/2013)
StatusGovernor Action - Signed (05/23/2013)
House SponsorsB. McCann (D)
Senate SponsorsP. Steadman (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1254
Title: Restorative Justice
Official Summary

Under current law, restorative justice victim-offender conferences must be initiated by the victim. The bill modifies the requirement of victim initiation in some instances to permit district attorney or offender initiation. There is a restorative justice coordinating council established in the state court administrator's office; the bill adds:

  • A member of the parole board;
  • A representative from the department of corrections;
  • A representative from a statewide organization representingvictims; and ! A restorative justice practitioner.
  • A restorative justice practitioner. 

The restorative justice coordinating council shall develop a uniform restorative justice satisfaction evaluation. The council shall collect information regarding all existing restorative justice programs and practices and report that data to the house and senate judiciary committees by January 31, 2014.

The bill creates a pilot project for restorative justice programs in 4 judicial districts. At each site, if a juvenile who is under 18 years of age and could be charged in the petition with a misdemeanor and has not been previously charged or who has not participated in the pilot project, the district attorney shall assess the juvenile's suitability for restorative justice. The district attorney may also refer any juvenile who is charged with a class 3, 4, 5, or 6 felony and has not been previously charged or who has not participated in the pilot project. If the district attorney determines that the juvenile is a suitable candidate for the restorative justice program, the district attorney may offer the juvenile an opportunity to participate in the restorative justice program. If the juvenile agrees to participate, the district attorney shall not file charges pending completion of the program. If the juvenile fails to complete the program, the district attorney may file a petition against the juvenile. The pilot project sites must annually report to the division of criminal justice in the department of public safety certain information on the pilot projects. The division of criminal justice shall prepare an annual report based on the information received.

The bill creates a $10 surcharge on all crimes to support a restorative justice fund. The fund will be used to defray the costs of restorative justice programs and administrative costs of the restorative justice coordinating council.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/09/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsS. Lee (D)
Senate SponsorsL. Newell (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1257
Title: Developing Local-level Educator Evaluation Systems
Official Summary

If a local board of education or board of cooperative services develops its own distinctive personnel evaluation system for educators that meets or exceeds the requirements established by statute and the state board of education, the local board of education or board of cooperative services must do so in conjunction with the superintendent and any teachers' association that has a master employment contract or that demonstrates support from a majority of teachers in the school district or districts of the board of cooperative services.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (05/17/2013)
House SponsorsM. Hamner (D)
Senate SponsorsN. Todd (D)
House CommitteeEducation
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: HB13-1259
Title: Civil Actions Protection Orders & Domestic Orders
Official Summary

The bill makes amendments to various provisions of law relating to civil actions and orders.

Sections 1 through 4 of the bill amend provisions of article 10 of title 14, Colorado Revised Statutes (C.R.S.), as follows:

  • Includes additional rights of children with respect to thedetermination of parenting time in section 14-10-123.4, C.R.S.;
  • In the determination of the best interests of a child withrespect to the allocation of parental rights and responsibilities pursuant to section 14-10-124, C.R.S.:
    • Requires a court to follow certain procedures inactions where a claim of child abuse or neglect or domestic violence has been made to the court or when the court has reason to believe that a party has committed child abuse or neglect or domestic violence;
    • In contested hearings on final orders, requires thecourt to make findings on the record concerning the factors the court considered and the reasons for the allocation of rights and responsibilities;
    • Permits the court to allocate mutualdecision-making for a child in a case that involves domestic violence, over objections, if the court makes certain findings;
    • Requires the court to consider the current statutoryfactors concerning the best interests of the child in light of any finding of child abuse or neglect or domestic violence;
    • Includes certain factors that the court may considerwhen formulating or approving a parenting plan in cases where one of the parties has committed child abuse or neglect or domestic violence;
    • Permits the court to order a domestic violenceevaluation and subsequent evaluations and to require a party to participate in domestic violence treatment; and
    • Includes general procedures that may be included inparenting plans;
  • Provides that a court is not required to order a parentingtime evaluation pursuant to section 14-10-127, C.R.S., and includes a list of factors that the court shall consider in determining whether to order an evaluation; and HB13-125
  • In section 14-10-129, C.R.S., expands language relating todomestic violence and increases from 7 days to 14 days the time within which the court must hear and rule on an emergency motion to restrict parenting time. 

Sections 5 through 16 of the bill amend, repeal, and relocate the provisions of part 1 of article 14 of title 13 relating to civil protection orders, as follows:

  • Moves the legislative declaration currently contained in section 13-14-102 (1), C.R.S., to a new section and adds additional language to the legislative declaration;
  • Amends section 13-14-101, C.R.S., containing definitions for article 14 to include a new definition for "contact" and "sexual assault or abuse", and amends existing definitions for "domestic abuse", "protection order", and "stalking";
  • Repeals section 14-13-102, C.R.S., and relocates provisions of that section, with amendments, to other sections in article 14;
  • Adds additional behaviors to the list of behaviors for which a court may enter an emergency protection order;
  • Repeals section 13-14-104, C.R.S., relating to foreign protection orders and relocates those provisions, with amendments, to the new section 13-14-110, C.R.S.;
  • Creates a new section 13-14-104.5, C.R.S., that includes provisions relating to temporary civil protection orders that are relocated from 13-14-102, C.R.S., with amendments, that:
    • Adds to the list of behaviors for which a temporary civil protection order may be entered;
    • Clarifies that a petitioner is not required to show that: he or she has reported the act that is the subject of the complaint to law enforcement, that charges have been filed, or that he or she is participating in the prosecution of the criminal matter; and
    • An order awarding temporary care and control of the child may be extended for not more than one year;
  • Creates a new section 13-14-105, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, and adding additional provisions that a court may include as part of a civil protection order;
  • Creates a new section 13-14-106, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to procedures for permanent civil protection orders and clarifies that the court need not find that the petitioner is in imminent danger in order to grant a permanent civil protection order; and that the court may continue a temporary civil protection order and the show cause hearing for one year for good cause;
  • Creates a new section 13-14-107, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to enforcement of protection orders and duties of peace officers;
  • Creates a new section 13-14-108, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to the modification and termination of civil protection orders that:
    • Allows a restrained party to file for modification or dismissal of a permanent civil protection order 2 years after the order was entered or after the disposition of a prior motion; and
    • Permits the court to consider whether the protection order has been successful in preventing harm to the protected person as grounds to deny the modification or dismissal of a permanent civil protection order;
  • Creates a new section 13-14-109, C.R.S., that contains provisions that are relocated from section 13-14-102, C.R.S., with amendments, relating to civil protection orders fees and costs; and
  • Creates a new section 13-14-110, C.R.S., that contains provisions that are relocated from section 13-14-104, C.R.S., with amendments, relating to foreign protection orders.

Sections 17 through 21 of the bill contain conforming amendments.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/31/2013)
StatusGovernor Action - Signed (05/14/2013)
House SponsorsB. McCann (D)
Senate SponsorsL. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: HB13-1271
Title: Child Abuse Reporting Hotline & Child Welfare Rules
Official Summary

The bill authorizes the creation of a child abuse reporting hotline system (hotline system) that provides a uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report about possible child abuse or neglect and that is advertised to the public as a place for reporting known or suspected child abuse or neglect (report) or for making a request for information or services (an inquiry). The hotline system will be developed through a statewide child abuse hotline steering committee (steering committee) that includes state, county, and comprehensive and appropriate stakeholder representation.

The bill declares that the purpose of the hotline system is to enhance the current child welfare system and to provide an additional option for the public to make an initial report or inquiry. The bill further states that a county department of social services (county department) will retain screening responsibilities, unless the board of county commissioners of that county has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the executive director of the state department of human services (state department).

The purpose of the steering committee is to develop an implementation plan for the hotline system to be advertised to the public and to make recommendations for rules relating to the hotline system and providing consistent practices in response to reports and inquiries. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director of the state department, who shall provide the report to the state board of human services (state board).

The hotline system will provide some method of contact to the public that is available 24 hours a day, 7 days a week. The hotline system shall be operational and publicized to the public statewide no later than January 1, 2015.

With the express written consent of the board of county commissioners, a county department may request that the state department assist that county department with taking reports of possible child abuse and neglect and inquiries from the public. The executive director must approve of this arrangement in writing.

The state board is given rule-making authority to adopt rules, based upon the recommendations of the steering committee, governing the following:

  • The type of technology that may be used by the hotlinesystem for directly routing initial contacts from the hotline system to the applicable entity responsible for taking a report or responding to an inquiry, including but not limited HB13-127 to a single statewide toll-free telephone number, with flexibility to adapt the methods to changing and emerging technologies as appropriate;
  • The operation of the hotline system, including the centralrecord-keeping and tracking of reports and inquiries statewide, and a requirement that record-keeping and tracking of reports and inquiries be accessible to all counties;
  • Standards and steps for information and referral (instanceswhere there is no report of abuse or neglect but the person contacting the county department or the hotline system is making an inquiry);
  • How an initial contact to the hotline system is directlyrouted to the applicable entity responsible for taking a report or responding to an inquiry;
  • A formal process for a county department to opt to have thestate department receive reports or inquiries on behalf of the county department after hours subject to a requirement that the board of county commissioners must officially approve the use of the hotline system on behalf of the county and that the arrangement must be approved by the executive director;
  • A process for a county department to opt to have anothercounty department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director;
  • Standardized training and certification standards for allstaff prior to receiving reports and inquiries;
  • A consistent screening process with criteria and steps forthe county department to respond to a report or inquiry;
  • A consistent decision-making process with criteria andsteps for a county department to follow when deciding how to act on a report or inquiry and when to take no action on a report or inquiry.

The state department is directed to report about the hotline system and the adoption of rules as part of the state department's annual SMART act presentations to the general assembly.

This bill makes conforming amendments to the statutes concerning reports made by the public or by a mandatory reporter to allow a report to be made through the hotline system when the county commissioners have given prior approval for the report to be filed through the hotline system and the executive director of the state department has approved such an arrangement.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/31/2013)
StatusGovernor Action - Signed (05/14/2013)
House SponsorsJ. Singer (D)
J. May (D)
Senate SponsorsJ. Nicholson (D)
L. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1279
Title: Juvenile Physical Restraints And Waiver Of Counsel
Official Summary

The bill instructs the courts in juvenile cases to seek to limit premature waiver of counsel by a juvenile in detention hearings. The bill also requires juveniles to be free of physical restraints during hearings unless the court makes specific findings of fact to the contrary that allow for physical restraints to maintain order in the courtroom, prevent the juvenile's escape, or provide for the safety of the courtroom.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/02/2013)
StatusHouse Second Reading Special Order - Lost with Amendments (04/18/2013)
House SponsorsJ. Labuda (D)
Senate Sponsors
House CommitteeJudiciary
Senate Committee
LobbyistsLobbyists

Bill: HB13-1291
Title: Colorado Early Head Start Grant Program
Official Summary

The bill creates the Colorado early head start grant program (grant program) in the office of early childhood programs in the department of human services (office). Eligibility for the grant program is limited to current grantees of the federal early head start program, and the goal is to increase the number of infants, toddlers under 3 years of age, and pregnant women served through qualified early head start programs. The office is directed to administer the grant program with the director of head start programs (director). The director shall establish an application process, including guidelines and award criteria for the grant program. In fiscal year 2013-14, grant proposals must be received on or before July 31, 2013, and grant awards must be made on or before September 1, 2013. For each subsequent fiscal year, subject to available appropriations, the proposal deadline is June 30, and grant awards are to be made on or before August 1. Grantees and the director are required to provide annual reports concerning the use of grant moneys. The Colorado early head start grant program fund is created.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsC. Duran (D)
Senate SponsorsJ. Kefalas (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: HB13-1296
Title: Civil Commitments And Task Force
Official Summary

The bill creates the civil commitment statute review task force (task force). The membership and duties of the task force are detailed. The bill also adds a definition of "danger to self and others" and amends the current definition of "gravely disabled", as those definitions relate to civil commitments.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/11/2013)
StatusGovernor Action - Signed (05/16/2013)
House SponsorsT. Kraft-Tharp (D)
B. McCann (D)
Senate SponsorsL. Newell (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeFinance
LobbyistsLobbyists

Bill: HB13-1306
Title: Mental Health Task Force
Official Summary

The bill creates a mental health and firearms task force (task force)
to advise the general assembly regarding issues surrounding the loss,
maintenance, and restoration of the right to purchase and possess firearms
by persons who, as a result of mental health issues, alcohol abuse, or
substance abuse, are clearly dangerous to the health and safety of

themselves or others.
The task force shall submit a written report of its findings and
recommendations to the judiciary committees of the house of
representatives and senate, or any successor committees, on or before
January 15, 2015. The first meeting of the task force shall occur no later
than July 18, 2013. The task force shall meet at least 5 times.
Meetings of the task force shall be public meetings. The task force
may accept reports and public testimony and may request other sources
to provide testimony, written comments, and other relevant data to the
task force.
Members of the task force shall serve without compensation and
shall not be entitled to reimbursement for expenses. The legislative
council staff and the office of legislative legal services shall not provide
staff support to the task force.
The task force is repealed, effective August 1, 2015.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/03/2013)
StatusSenate Committee on Business, Labor, & Technology Postpone Indefinitely (05/06/2013)
House SponsorsB. McCann (D)
Senate SponsorsN. Todd (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeBusiness, Labor, & Technology
LobbyistsLobbyists

Bill: SB13-001
Title: Colorado Working Families Economic Opportunity Act
Official Summary

Section 2 of the bill modifies the existing child care expenses income tax credit by:

  • Allowing a taxpayer who is eligible for, but does not claim,the federal child care expenses income tax credit to claim the state credit;
  • Basing the amount of the state credit on the eligible federalcredit as opposed to the actual federal credit claimed; and
  • Allowing the credit to be claimed for expenses related tocaring for a dependent of the taxpayer who is physically or mentally incapable of caring for himself or herself and who lives with the taxpayer.

Section 3 of the bill creates a child tax credit against state income taxes for a resident individual who is eligible to claim the federal child tax credit. The amount of this credit is $100 for each qualifying child who is 5 years of age or under at the end of the taxable year for which the

credit is claimed. This credit is refundable.

The Colorado earned income tax credit, which is 10% of the federal earned income tax credit, is a refund mechanism under the taxpayer's bill of rights (TABOR). So, it only applies if the state revenues are in excess of the constitutional limitation on state fiscal year spending.

Section 4 of the bill removes this contingency so that an eligible taxpayer may claim the Colorado earned income tax credit for any tax year beginning in 2013.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/06/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsD. Kagan (D)
Senate SponsorsJ. Morse (D)
J. Kefalas (D)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: SB13-002
Title: Designate BOCES As Local Education Agencies
Official Summary

The bill allows boards of cooperative services (BOCES) to act as local education agencies for the purposes of federal law, including for the receipt of federal grants. BOCES may apply to any division within the department of education, and all divisions must inform BOCES of and allow them to apply for all federal and state grant moneys for which they are eligible.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (03/22/2013)
House SponsorsM. Hamner (D)
Senate SponsorsE. Hudak (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-006
Title: No Reduction In K-12 Education To Expand Medicaid.
Official Summary

For the 2014-15 budget year, and each budget year thereafter, the bill prohibits the general assembly from expending state moneys to participate in the federal "Affordable Care Act" if the effect of those expenditures is to decrease funding for Colorado's public schools by reducing the state's share of total program funding for school districts and institute charter schools, or by failing to compensate for a reduction in local school funding.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/13/2013)
StatusSenate Committee on Education Postpone Indefinitely (01/31/2013)
House Sponsors
Senate SponsorsD. Balmer (R)
House Committee
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-007
Title: Eliminate Repeal Of CCJJ
Official Summary

The bill eliminates the repeal date of the Colorado commission on
criminal and juvenile justice.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsM. Waller (R)
Senate SponsorsJ. Morse (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-008
Title: Eliminate Waiting Period Under CHP+
Official Summary

Under current law, a child is eligible for children's basic health plan benefits if he or she has not been on a comparable health plan with an employer paying at least 50% of the cost for at least 3 months. The bill eliminates this waiting period.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/16/2013)
StatusGovernor Action - Signed (03/29/2013)
House SponsorsB. McCann (D)
Senate SponsorsL. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-009
Title: School Board Policies Allowing Concealed Carry
Official Summary

The bill authorizes a school district board of education and the governing board of a charter school to adopt a written policy to allow an employee of the school district or charter school to carry a concealed handgun on school grounds if the person holds a valid permit to carry a concealed handgun.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/21/2013)
StatusSenate Committee on Judiciary Postpone Indefinitely (01/28/2013)
House SponsorsL. Saine (R)
Senate SponsorsT. Harvey (R)
S. Renfroe (R)
House Committee
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-011
Title: Colorado Civil Union Act
Official Summary

The bill creates the "Colorado Civil Union Act" (Act) to authorize any 2 unmarried adults, regardless of gender, to enter into a civil union.

Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill.

The executive director of the department of public health and environment and the state registrar of vital statistics shall issue forms necessary to implement the Act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse program fund.

The rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law that are granted or imposed under the law to spouses apply in like manner to parties to a civil union, including the following:

  • Responsibility for financial support of a party to a civilunion;
  • Rights and abilities concerning transfer of real or personalproperty to a party to a civil union;
  • The ability to file a claim based on wrongful death,emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status;
  • Prohibitions against discrimination based upon spousalstatus;
  • The probate laws relating to estates, wills, trusts, andintestate succession, including the ability to inherit real and personal property from a party in a civil union under the probate code;
  • The probate laws relating to guardianship and conservators,including priority for appointment as a conservator, guardian, or personal representative;
  • Survivor benefits under and inclusion in workers'compensation laws;
  • The right of a partner in a civil union to be treated as afamily member or as a spouse under the "Colorado Employment Security Act" for purposes of unemployment benefits;
  • The ability to adopt a child of a party to a civil union;
  • The ability to insure a party to a civil union under groupbenefit plans for state employees;
  • The ability to designate a party to a civil union as abeneficiary under the state public employees retirement SB13-01 system;
  • Survivor benefits under local government firefighter andpolice pensions;
  • Protections and coverage under domestic abuse anddomestic violence laws;
  • Rights and protections under victims' compensation lawsand victims and witness protection laws;
  • Laws, policies, or procedures relating to emergency andnonemergency medical care and treatment and hospital visitation;
  • Rights to visit a party in a civil union in a correctionalfacility, jail, or private contract prison or in a facility providing mental health treatment;
  • The ability to file a complaint about the care or treatmentof a party in a civil union in a nursing home;
  • Rights relating to declarations concerning administering,withholding, or withdrawing medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union;
  • Rights concerning the disposition of the last remains of aparty to a civil union;
  • The right to make decisions regarding anatomical gifts;
  • Eligibility for family leave benefits;
  • Eligibility for public assistance benefits;
  • A privilege from providing compelled testimony against aparty in a civil union and evidentiary privileges for parties to a civil union;
  • The right to apply for emergency or involuntarycommitment of a party to a civil union;
  • The right to claim a homestead exemption;
  • The ability to protect exempt property from attachment,execution, or garnishment;
  • Dependent coverage under life insurance for plans issued,delivered, or renewed on or after January 1, 2014;
  • Dependent coverage under health insurance policies forplans issued, delivered, or renewed on or after January 1, 2014; and
  • Other insurance policies that provide coverage relating tojoint ownership of property for plans issued, delivered, or renewed on or after January 1, 2014.

The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union.

Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union.

Parties to a civil union may create agreements modifying the terms and conditions of a civil union in the manner specified in the law for creating marital agreements. The Act states that this Act does not invalidate or affect an otherwise valid domestic partnership agreement or civil contract between 2 individuals who are not married to each other if the agreement or contract was made prior to the effective date of this Act or, if made after the effective date of this Act, the agreement or contract is not made in contemplation of entering into a civil union.

The Act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. The Act includes a reciprocity and principle of comity section that states that a relationship between 2 persons that does not comply with section 31 of article II of the state constitution and that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union or domestic partnership or a substantially similar legal relationship between 2 persons that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law.

The Act includes a severability clause.

Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the Act shall not be construed to permit the filing of a joint income tax return by the parties to a civil union.

A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause. A record of an application for a civil union license is available for public inspection 50 years after the date that the record was created.

A person who has entered into a designated beneficiary agreement under Colorado's designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes and invalidates the prior designated beneficiary agreement. The bill makes other conforming amendments. The bill takes effect May 1, 2013; except that the provisions relating to the inclusion of a partner in a civil union as a dependent on a health or life insurance policy and the provisions relating to insurance policies concerning the ownership of property take effect January 1, 2014.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/14/2013)
StatusGovernor Action - Signed (03/21/2013)
House SponsorsS. Schafer (D)
M. Ferrandino (D)
Senate SponsorsL. Guzman (D)
P. Steadman (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-012
Title: Child Abuse Reporting Youth Sports Organizations
Official Summary

The bill adds directors, coaches, assistant coaches, and athletic program personnel for private sports programs or organizations to the list of persons required to report suspected child abuse or neglect to the county or district department of social services or local law enforcement agency.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/15/2013)
StatusGovernor Action - Signed (03/22/2013)
House SponsorsJ. Singer (D)
Senate SponsorsR. Heath (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-014
Title: Immunity For Admin Emer Drugs To Overdose Victims
Official Summary

A person who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event shall be immune from criminal prosecution for, and is not liable for any civil damages for acts or omissions made as a result of, such act.

A licensed health care practitioner who is permitted by law to prescribe or dispense an opiate antagonist shall be immune from criminal prosecution for, and is not liable for any civil damages for resulting from:

  • Such prescribing, dispensing, administering, ordistribution; or
  • Any outcomes resulting from the eventual administrationof the opiate antagonist.
  • The prescribing, dispensing, administering, or distribution of an opiate antagonist by a licensed health care practitioner shall not constitute unprofessional conduct if he or she prescribed, dispensed, administered, or distributed the opiate antagonist in a good faith effort to assist:
  • A person who is experiencing or likely to experience anopiate-related drug overdose event; or
  • A family member, friend, or other person who is in aposition to assist a person who is experiencing or likely to experience an opiate-related drug overdose event.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/01/2013)
StatusGovernor Action - Signed (05/10/2013)
House SponsorsB. Pettersen (D)
Senate SponsorsI. Aguilar (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-026
Title: Update Michael Skolnik Medical Transparency Act
Official Summary

Currently, the "Michael Skolnik Medical Transparency Act of 2010" (act) requires most regulated health care providers who are applying for, renewing, reinstating, or reactivating a license, certification, or registration to disclose specified information about their practice history to the director of the division of professions and occupations for inclusion in a publicly available database.

The bill adds the following health care providers to the list of providers required to report information to the director, with the requirement taking effect July 1, 2014:

    • Athletic trainers;
    • Massage therapists;
    • Certified nurse aides;
    • Occupational therapists;
    • Respiratory therapists;
    • Pharmacists;
    • Psychiatric technicians; and! Surgical assistants and surgical technologists.
    • Surgical assistants and surgical technologists.
    • Additionally, the bill removes from the list of health care providers subject to the act hearing aid providers because the state no longer licenses those profissionals.

 

 

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/18/2013)
StatusGovernor Action - Signed (05/25/2013)
House SponsorsD. Primavera (D)
Senate SponsorsM. Carroll (D)
I. Aguilar (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-031
Title: Tuition For Dropout Recovery Program Students
Official Summary

The bill clarifies that a local education provider that operates a dropout recovery program must pay the student share of the tuition for each postsecondary course in which a student enrolls while participating in the program, not just for those courses that the student completes.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/27/2013)
StatusGovernor Action - Signed (03/15/2013)
House SponsorsB. Pettersen (D)
Senate SponsorsA. Giron (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-033
Title: In-state Classification CO High School Completion
Official Summary

The bill requires an institution of higher education (institution) in Colorado to classify a student as an in-state student for tuition purposes if the student:

  • Attends a public or private high school in Colorado for atleast 3 years immediately preceding graduation or completion of a general equivalency diploma (GED) in Colorado; and
  • Is admitted to a Colorado institution or attends aninstitution under a reciprocity agreement.

In addition to the above requirements, a student who does not have lawful immigration status must submit an affidavit stating that the student has applied for lawful presence or will apply as soon as he or she is able to do so. These students shall not be counted as resident students for any other purpose, but are eligible for the college opportunity fund stipend pursuant to the provisions of that program, and may be eligible for institutional or other financial aid.

The bill creates an exception to the requirement of admission to an institution within 12 months after graduating or completing a GED for certain students who either graduated or completed a GED prior to a certain date and who have been continuously present in Colorado for a specified period of time prior to enrolling in an institution.

The bill exempts persons receiving educational services or benefits from institutions of higher education from providing any required documentation of lawful presence in the United States.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/03/2013)
StatusGovernor Action - Signed (04/29/2013)
House SponsorsA. Williams (D)
C. Duran (D)
Senate SponsorsM. Johnston (D)
A. Giron (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-047
Title: Youth In Foster Care And Identity Theft Protection
Official Summary

The bill amends the statute for protection of youth in foster care against identity theft by:

  • Removing the exclusion of youth who are in the custody ofthe division of youth corrections or a state mental hospital;
  • Expanding the ages of the youth covered to any youth whois 16 years of age or older and in foster care; and
  • Requiring the department of human services to obtainannual credit reports rather than a single report.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/17/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsR. Fields (D)
Senate SponsorsL. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-053
Title: Exchange Of Student Data K-12 And Postsecondary
Official Summary

The bill establishes a procedure between the department of education and the department of higher education that allows for the transfer of available student data relevant to the transition from high school to the postsecondary system. The procedure must utilize student unit record data currently collected and maintained by the department of education and administered at no charge to local education providers, public institutions of higher education, or students.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (04/08/2013)
House SponsorsM. Hamner (D)
Senate SponsorsA. Kerr (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-054
Title: Underage Person Alcohol Consumption Parent Consent
Official Summary

Current law prohibits a person under 21 years of age (underage person) from possessing or consuming alcohol unless:

  • The underage person is legally present on private propertywith the knowledge and consent of the property owner; and
  • The parent or legal guardian of the underage person ispresent on the property and consents to the possession or consumption by the underage person.

Additionally, an underage person may possess or consume alcohol for religious, educational, or medical purposes. The "Colorado Liquor Code" also prohibits a person from selling, serving, or delivering an alcohol beverage to an underage person. 

The bill permits a restaurant or other establishment licensed to sell alcohol for on-premises consumption to serve, and an underage person to consume on the licensed premises, an alcohol beverage if the underage person's parent or legal guardian who is at least 21 years of age purchases the alcohol beverage for the underage person and accompanies the underage person while he or she is consuming the alcohol beverage. If the licensed establishment reasonably relies on documentation or other representation of the parent or legal guardian relationship, and the person purchasing the alcohol beverages is not, in fact, the parent or legal guardian of the underage person, that reliance and alcohol beverage sale is not grounds for revocation or suspension of the establishment's liquor license.

 

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/20/2013)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (01/30/2013)
House SponsorsK. Priola (R)
Senate SponsorsG. Brophy (R)
House Committee
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: SB13-056
Title: Ban Sex-selection Abortions
Official Summary

The bill outlaws:

  • The performance of an abortion for the purposes of sexselection;
  • Coercion of an abortion for the purposes of sex selection;
  • Solicitation or acceptance of funds for the performance ofan abortion for the purposes of sex selection; or
  • Transporting a woman into Colorado so the woman canreceive an abortion for the purposes of sex selection.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/20/2013)
StatusSenate Committee on Judiciary Postpone Indefinitely (02/11/2013)
House SponsorsL. Saine (R)
Senate SponsorsT. Harvey (R)
House Committee
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-069
Title: Income Tax Credits For Nonpublic Education
Official Summary

The bill establishes a private school tuition income tax credit for income tax years commencing on or after January 1, 2014, that allows any taxpayer to claim a credit when a private school issues the taxpayer a credit certificate for enrolling a dependent qualified child in the private school or for offering a scholarship to a qualified child for enrollment in the private school. The credit may be carried forward for 3 years but not refunded, and the department of revenue is granted rule-making authority.

The amount of the credit is:

  • For any qualified child attending a private school on a full-time basis as described in the state board of education rules, either an amount equal to the scholarship offered to a qualified child or 50% of the previous year's state average per pupil revenue, whichever is less; and
  • For any qualified child attending a private school on a half-time basis as described in the state board of education rules, either an amount equal to the scholarship offered to a qualified child or 25% of the previous year's state average per pupil revenue, whichever is less.

The bill establishes an income tax credit for income tax years commencing on or after January 1, 2014, that allows any taxpayer who decides to home-school a qualified child to claim an income tax credit:

  • In an amount equal to $1,000 for a taxpayer who home-schools a qualified child who was enrolled on a full-time basis as described in the state board of education rules in a public school in the state prior to being home-schooled; and
  • In an amount equal to $500 for a taxpayer who home-schools a qualified child who was enrolled on a half-time basis as described in the state board of education rules in a public school in the state prior to being home-schooled.

The credit may be carried forward for 3 years but not refunded.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/13/2013)
StatusSenate Committee on Education Postpone Indefinitely (02/14/2013)
House SponsorsC. Holbert (R)
Senate SponsorsV. Marble (R)
House Committee
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-091
Title: Suppl Approp Dept Of Human Services
Official Summary

Supplemental appropriations are made to the department of human services.

Full TextFull Text of Bill
Fiscal Notes 
StatusGovernor Action - Signed (03/22/2013)
House SponsorsC. Levy (D)
Senate SponsorsP. Steadman (D)
House CommitteeAppropriations
Senate CommitteeAppropriations
LobbyistsLobbyists

Bill: SB13-111
Title: Require Reports Of Elder Abuse And Exploitation
Official Summary

Current law states that specified professionals who have reasonable cause to believe that a person 18 years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs (at-risk adult) should report that fact to a county department of social services (county department) or a local law enforcement agency.

Under the bill, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who fails to report commits a class 3 misdemeanor.

Within 24 hours after receiving a report of abuse or exploitation of an at-risk elder, a law enforcement agency shall notify the at-risk elder's county department and district attorney's office of the report. The law enforcement agency shall complete a criminal investigation when appropriate. Upon completion of an investigation, the law enforcement agency shall provide a report of the investigation to the at-risk elder's county department and a district attorney's office.

A person who reports an incident of abuse or exploitation to a law enforcement agency is immune from a civil action or criminal prosecution if the report was made in good faith. A person who knowingly makes a false report commits a class 3 misdemeanor.

The new reporting duty does not increase the professional duty of care, if any, that is owed to an at-risk elder by a mandatory reporter.

The bill adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters.

A person who exercises undue influence to convert or take possession of an at-risk elder's money, assets, or other property commits statutory theft.

On or before January 1, 2014, the peace officers standards and training board (P.O.S.T. board) shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders. On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum. The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum.

On and after January 1, 2014, the state department of human services (state department) shall implement a program to generate awareness among:

  • The residents of the state regarding the mistreatment, self-neglect,and exploitation of at-risk adults; SB13-11
  • The professionals who are urged to report the mistreatment,self-neglect, or exploitation of an at-risk adult; and
  • Mandatory reporters.

On or before December 31, 2016, the state department shall prepare and deliver to the joint budget committee and to the health and human services committee of the senate; the health, insurance, and environment committee of the house of representatives; and the public health care and human services committee of the house of representatives, or to any successor committee, a report concerning the implementation of mandatory reports of abuse and exploitation of at-risk elders.

Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The bill changes this definition to raise the minimum age of 60 years of age to 70 years of age.

The bill repeals provisions concerning protection against financial exploitation of at-risk adults.

The bill repeals the elder abuse task force.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/18/2013)
StatusGovernor Action - Signed (05/16/2013)
House SponsorsS. Schafer (D)
A. Stephens (R)
Senate SponsorsE. Hudak (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-123
Title: Collateral Consequences
Official Summary

Under current law prior to a person's release on probation or parole the person's probation or parole officer provides the person with a notice regarding sealing criminal records. The bill specifies what the notice must contain.

The bill provides that a pardon issued by the governor waives all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences. If the governor grants a pardon or a request for clemency, the governor shall provide a copy of the pardon or clemency to the Colorado bureau of investigation, and the Colorado bureau of investigation shall include a note in the individual's record in the Colorado crime information center that a pardon was issued or clemency was granted.

Under current law, certain drug convictions are subject to sealing; the bill extends sealing to most other crimes.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (05/25/2013)
House SponsorsC. Levy (D)
Senate SponsorsP. Steadman (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-131
Title: Tax Credit For Suppl Ed Serv Provided To Child
Official Summary

The bill creates a state income tax credit for income tax years commencing on or after January 1, 2013, that allows a taxpayer who is the parent or guardian of a dependent child and who incurs costs for providing a supplemental education service to the child, to claim an income tax credit for the costs incurred in providing the supplemental education service. The amount of the credit allowed is an amount equal to the aggregate expenditures for a supplemental education service or $500, whichever is less.

To claim the income tax credit, a taxpayer is required to obtain a letter from a licensed educator, mental health professional, or physician recommending that the taxpayer's qualified child receive a specified supplemental education service. The taxpayer is required to submit the letter with the taxpayer's income tax return form.

The bill allows the credit to be carried forward, but not refunded, for 3 years from the income tax year in which the credit is claimed.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/13/2013)
StatusSenate Committee on Education Postpone Indefinitely (02/14/2013)
House Sponsors
Senate SponsorsO. Hill (R)
House Committee
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-137
Title: Improving Medicaid Fraud Detection
Official Summary

The bill directs the chief information officer of the office of information technology (office) to design and implement a medicaid fraud detection system (system) for the purpose of detecting and preventing medicaid provider and client fraud, waste, and abuse.

The system designed by the chief information officer shall include industry best practices relating to fraud detection and prevention. The chief information officer shall also incorporate emerging strategies and technologies into the system as they become available.

Among other data and information, the system shall utilize medicaid claims and billing data and information from providers, and state and federal agency data-matching systems.

Utilizing appropriate data-sharing protocols, the bill requires state agencies to provide data and information to the office for purposes of implementing the system.

The bill requires the department of health care policy and financing (state department) to collaborate with the office in the design, implementation, and operation of the system. Consistent with state and federal law concerning data sharing and medicaid records, the state department shall provide necessary data and information to the office concerning medicaid providers and clients.

The state department shall participate in securing funding for the system, as such funding may be available, and shall consider various funding mechanisms for the system.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/26/2013)
StatusGovernor Action - Signed (05/25/2013)
House SponsorsC. Navarro-Ratzlaff (R)
Senate SponsorsE. Roberts (R)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-138
Title: School Resource Officer Programs In Public Schools
Official Summary

The bill defines "school resource officer" and "community partners" and expressly includes school resource officers as community partners for the purposes of school safety, readiness, and incident management. The school safety resource center is required to contract the services of a full-time grant writer and to create and provide templates and guidance to school districts and schools seeking school safety funding. The school safety resource center is also required to provide suggestions concerning training for school resource officers. The school safety resource center advisory board is increased from 13 to 14 members to reflect the addition of a school resource officer.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/18/2013)
StatusGovernor Action - Signed (05/23/2013)
House SponsorsM. McLachlan (D)
L. Garcia (D)
Senate SponsorsS. King (R)
House CommitteeEducation
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-143
Title: Institute Charter School Assistance Fund
Official Summary

Under current law, in any year in which a negative factor does not apply in calculating school finance moneys, the state charter school institute (institute) withholds 1% of the moneys due to institute charter schools. The institute deposits this amount in the institute charter school assistance fund (assistance fund) and uses it to make grants and loans to institute charter schools for capital construction and emergency purposes. The bill repeals the institute's authority to withhold this money.

Under current law, the institute can retain from year-to-year in the state charter school institute fund a balance of up to 10% of the total amount allocated to institute charter schools. The bill changes the authorized balance to up to 20% of the total amount that the institute may retain for administrative purposes for the applicable budget year. But, the state charter school institute board (board) may annually adjust the percentage limit by multiplying the total pupil enrollment of institute charter schools for the applicable budget year by a per-pupil dollar amount that the board annually sets in collaboration with a council of state charter schools. Any amount that exceeds the authorized retention amount is transferred to the assistance fund at the end of the budget year.

The bill prohibits the institute from retaining a balance in the assistance fund of more than $750,000 at the end of a budget year. The institute must allocate any amount that exceeds the limit to the institute charter schools on a per-pupil basis.

The board may annually adjust the limit on the assistance fund end-of-year balance. The board may adjust the limit by multiplying the total pupil enrollment of institute charter schools for the applicable budget year by a per-pupil dollar amount that the board annually sets in collaboration with a council of state charter schools.

Under current law, an institute charter school can apply for moneys from the assistance fund if it has a capital facility emergency or a special education funding emergency. The bill directs the board to adopt rules that define a reasonable funding emergency and allows an institute charter school to receive moneys from the assistance fund for an emergency that meets the definition.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (03/22/2013)
House SponsorsC. Peniston (D)
Senate SponsorsK. Grantham (R)
House CommitteeEducation
Senate CommitteeState, Veterans, & Military Affairs
LobbyistsLobbyists

Bill: SB13-148
Title: Sunset CO Youth Advisory Council
Official Summary

Sunset Process - Health and Human Services Committee. The bill extends the Colorado youth advisory council indefinitely.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsC. Peniston (D)
C. Navarro-Ratzlaff (R)
Senate SponsorsJ. Kefalas (D)
E. Roberts (R)
House CommitteeEducation
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-163
Title: Sunset Review Newborn Infants Hearing Advisory Cmt
Official Summary

Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendation of the department of regulatory agencies, as contained in the sunset report, to continue the advisory committee on hearing in newborn infants indefinitely.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (03/29/2013)
House SponsorsJ. Singer (D)
Senate SponsorsL. Newell (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-177
Title: Reduce Juvenile Detention Bed Cap
Official Summary

Joint Budget Committee. Starting April 1, 2013, the bill reduces the juvenile detention bed cap from 422 to 382.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/23/2013)
StatusGovernor Action - Signed (03/29/2013)
House SponsorsC. Gerou (R)
Senate SponsorsK. Lambert (R)
House CommitteeAppropriations
Senate CommitteeAppropriations
LobbyistsLobbyists

Bill: SB13-193
Title: Increasing Parent Engagement In Public Schools
Official Summary

In addition to their duties under existing law, the bill requires the school accountability committees to hold public meetings to solicit input concerning the contents of school priority improvement plans and school turnaround plans before the plans are written.

In addition, district accountability committees and school accountability committees must work to increase parent engagement in the public schools by publicizing openings on district and school accountability committees, soliciting parents to serve on the district and school accountability committees, and assisting school personnel in communications with parents.

A public school that must adopt a priority improvement plan or turnaround plan must include in the plan strategies for increasing parent engagement in the school.

The existing state advisory council for parent involvement in education (council), in addition to its other duties, will also work with the district and school accountability committees to increase parent engagement. The council must also work with the department of education (department) to provide training to the district and school accountability committees in leadership and in increasing parent engagement. The council must also work with the department to provide training for school personnel concerning working with parents. A member of the council may be reimbursed for expenses incurred in completing the council's duties, including expenses incurred in providing training.

The council will identify key indicators of parent engagement in elementary, secondary, and postsecondary schools, and use the indicators to create metrics to measure and monitor the level of parent engagement and the progress made in increasing parent engagement. The council will annually report its findings concerning parent engagement to the state board of education, the Colorado commission on higher education, and the education committees of the general assembly.

Under current law, a school district board of education may adopt a policy for parent engagement in the district. The bill requires each board of education to adopt a parent engagement policy and requires each board to work with the district accountability committee in creating the policy. The policy may include training for personnel concerning working with parents.

Each school district and the state charter school institute (institute) shall identify, and submit to the department the name of, an employee who is responsible for parent engagement with the public schools of the district or the institute charter schools and for working with the district and school accountability committees.

Under current law, a school district or the institute must hold a public hearing before adopting a school improvement plan, priority improvement plan, or turnaround plan. Under the bill, a school district or the institute does not have to hold a public hearing before adopting a school improvement plan. The institute must hold the public hearing on a priority improvement plan or turnaround plan within the boundaries of the school district in which the institute charter school is located.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/01/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsT. Kraft-Tharp (D)
Senate SponsorsE. Hudak (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-196
Title: Assault Weapon Responsibility Act
Official Summary

The bill concerns liability for the discharge of an assault weapon.

It defines an assault weapon as any firearm except:

  • Handguns;
  • Shotguns;
  • Bolt-action rifles. 

The bill establishes strict liability against a person who discharges an assault weapon for damages caused by the discharge. It creates an exception for damages occurring within a dwelling if the assault weapon was used to defend the person or others from another person who was about to use physical force against the person or another person within the dwelling. The bill establishes certain exceptions to liability for an owner of an assault weapon.

The bill establishes liability for a person who owns, obtains, or possesses an assault weapon for damages caused by the discharge of the assault weapon by a third person if the person was negligent in storing the assault weapon or allowing a third party to come into possession of the assault weapon.

The bill establishes liability for a seller and transferor of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person:

  • Negligently entrusted the assault weapon to a third party whom the person knew or reasonably should have known might use the weapon to cause bodily injury to the third party or others; or
  • Sold or transferred the assault weapon in violation of any state or federal law.

The bill establishes liability for a seller, distributor, or manufacturer of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person sold or transferred the assault weapon in violation of any state or federal law.

The bill requires sellers, distributors, and manufacturers to:

  • Use the highest degree of care in selling, transferring, distributing, and storing assault weapons; and
  • To receive information to have reasonable grounds to believe that the weapon will not be possessed by a person who may use it dangerously or unlawfully.

The bill specifies that failure to do so constitutes a violation of state law.

The bill repeals the statutes that prohibit certain civil actions from being brought against manufacturers of firearms and ammunition.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/05/2013)
StatusSenate Second Reading Laid Over to 05/10/2013 (03/08/2013)
House SponsorsR. Fields (D)
Senate SponsorsJ. Morse (D)
House Committee
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-197
Title: No Firearms For Domestic Violence Offenders
Official Summary

When a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a misdemeanor or felony domestic violence offense, the court shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control. In the case of a person who is served in court with a protection order to prevent domestic violence, and in the case of a person who is served with a mandatory protection order prohibiting the person from possessing or controlling firearms or other weapons, the person must relinquish any firearm or ammunition within 24 hours. In the case of a person who is served outside of the court with a protection order to prevent domestic violence, the person must relinquish any firearm or ammunition within 48 hours. However, a court may allow a person up to 72 hours to comply if the person demonstrates to the satisfaction of the court that he or she is unable to comply within 24 or 48 hours, as applicable.

To satisfy the requirement, the person may:

  • Sell or transfer possession of the firearm or ammunition toa federally licensed firearms dealer;
  • Arrange for the storage of the firearm or ammunition by alaw enforcement agency; or
  • Sell or transfer the firearm or ammunition to a privateparty; except that the person shall not transfer a firearm or ammunition to a private party unless the private party has been approved to possess or purchase a firearm pursuant to a background check of the national instant criminal background check system. 

If a person is unable to satisfy the requirement because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court, as a condition of the person's sentence, shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control before the person may be released from such incarceration or custody.

If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire:

  • From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the person and the transferee; and
  • From the licensed gun dealer who requests from the Colorado bureau of investigation a background check of the transferee, a written statement of the results of the background check.

If a local law enforcement agency elects to store firearms or ammunition for a person:

  • The agency may charge a fee for such storage, the amount of which shall not exceed the direct and indirect costs incurred by the agency in providing such storage; and
  • The agency may establish policies for disposal of abandoned or stolen firearms or ammunition.

A federally licensed firearms dealer who takes possession of a firearm or ammunition, and a law enforcement agency that stores a firearm or ammunition, shall issue a receipt to the person who transfers possession of the firearm or ammunition. Not more than 3 calendar days after relinquishing the firearm or ammunition, the person shall file a copy of the receipt with the court as proof of the  relinquishment. A person who fails to timely file a receipt commits a class 2 misdemeanor.

A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/18/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsR. Fields (D)
B. McCann (D)
Senate SponsorsE. Hudak (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-198
Title: Courts And Child Sexually Exploitative Material
Official Summary

The bill provides a court with the option to close the court to the public, when it is in the best interest of a child, when images of sexually exploitative materials or forensic interviews directly related to that child are being presented as evidence in court and the child or forensic interviewer is on the witness stand.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/12/2013)
StatusGovernor Action - Signed (05/25/2013)
House SponsorsB. Gardner (R)
Senate SponsorsC. Jahn (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-199
Title: Higher Education Revenue Bond Intercept Program
Official Summary

Capital Development Committee. Under current law, bonds issued by a state-supported institution of higher education (institution) qualify for the higher education revenue bond intercept program (program) only if, on the date of their issuance, the total amount of the annual payments on the bonds and any other bonds issued by the institution and secured under the program does not exceed the amount of the institution's fee-for-service contract revenue for the prior year. The bill replaces this requirement with a credit and coverage test that requires the governing body of the institution to have:

  • A credit rating in one of the 3 highest categories, withoutregard to modifiers within a category, from at least one major credit rating organization and no credit rating that is in a category below the 3 highest categories, without regard to modifiers within a category, from any such organization; and
  • A debt service coverage ratio of at least one and one-half to one. 

The state treasurer may exempt an institution from the credit and coverage test if the revenue bonds to be issued are refunding bonds that result in cost savings to the institution.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/16/2013)
StatusGovernor Action - Signed (04/26/2013)
House SponsorsR. Fischer (D)
Senate SponsorsA. Giron (D)
House CommitteeFinance
Senate CommitteeFinance
LobbyistsLobbyists

Bill: SB13-200
Title: Expand Medicaid Eligibility
Official Summary

Under current law, moneys in the hospital provider fee cash fund may be used to increase, up to 100% of the federal poverty line (FPL), the medicaid eligibility income level for parents of children who are eligible for medicaid and for childless adults or adults without a dependent child in the home. The bill allows moneys in the hospital provider fee cash fund to be used to increase the income eligibility for parents and caretaker relatives of medicaid children from 61% to 133% of FPL and to increase the income eligibility for childless adults or adults without a dependent child to up to 133% of FPL.

In addition, to implement the federal Affordable Care Act, the bill amends the optional eligibility groups in Colorado's medicaid program to increase the income eligibility levels for parents and caretaker relatives of medicaid children from 100% to 133% of FPL and for childless adults or adults without dependent children as described in federal law to 133% of FPL.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/18/2013)
StatusGovernor Action - Signed (05/13/2013)
House SponsorsM. Ferrandino (D)
Senate SponsorsI. Aguilar (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-213
Title: Future School Finance Act
Official Summary

The bill creates a new school finance act (the new act), implementation of which is conditional upon passage of a statewide ballot measure to increase state revenues for funding public education. After the statewide ballot measure passes, certain requirements around collecting daily membership and program enrollments and calculating state and local shares of total program will take effect during the first budget year commencing after the election, but the new funding formula and the distribution of state moneys under the provisions of the new act will not take effect until the second budget year commencing after the election. School districts (districts) and charter schools continue to receive funding under the existing "Public School Finance Act of 1994" (the current act) and related statutory provisions until the new act fully takes effect in the second budget year commencing after the election.

The new act is similar to the current act in that it starts with the statewide base per pupil funding amount, applies a formula to calculate a district's per pupil funding, increases each district's funding based on the number of at-risk pupils enrolled in the district, and multiplies the per pupil funding amount by the number of pupils enrolled in the district to calculate the district's amount of operational funding (total program) for each budget year. The new act continues to use a specific per pupil amount to fund pupils who are enrolled in multi-district on-line schools (on-line pupils) and pupils who are enrolled in the ASCENT program (ASCENT pupils), which amounts are also included in a district's total program. And the new act continues to fund each district's total program by a combination of local property tax and specific ownership tax revenues and state moneys. The new act differs from the current act in the following general areas:

  • Calculation of pupil enrollment;
  • Funding for preschool and kindergarten pupils;
  • Factors included in the formula for calculating totalprogram;
  • The definition of at-risk pupils and the percentage increasein funding for at-risk pupils;
  • Minimum per pupil funding;
  • On-line pupil funding and ASCENT program funding;
  • Calculation of total program for and payment of statemoneys to institute charter schools;
  • Calculation of state and local shares of total program;
  • Authorized mill levy overrides;
  • State moneys available to districts and institute charterschools in addition to total program;
  • Mid-year recalculation of total program for certain districtsand institute charter schools;
  • Allocations of funding by districts to charter schools andother schools of the district;
  • Review of the return on the investment of funding and coststudies every 4 years;
  • Public financial reporting by districts and institute charterschools; and SB13-21
  • State moneys for mid-year recalculation of funding for newand expanding district charter schools.

Calculation of pupil enrollment. Under the current act, funding for school districts and charter schools is based on the number of pupils enrolled as of a specific pupil enrollment count date, generally October 1 of each year. The new act uses a school district's or an institute charter school's average daily membership (ADM) as the basis for calculating total program. A district's or institute charter school's membership includes all of the pupils enrolled in the district or the institute charter school, including students enrolled in preschool, but does not include on-line pupils or ASCENT pupils. Districts and institute charter schools must report membership and on-line pupil and ASCENT pupil enrollment on a quarterly basis, reporting the number of pupils enrolled each school day. The department of education (department) will calculate each district's and each institute charter school's ADM for the first and second quarter of the school year, for the first and second halves of each school year, and for the entire school year (averaging period) by totaling the pupils enrolled each school day for the averaging period and dividing by the number of school days in the averaging period. The department will do the same for each district's and institute charter school's on-line pupil ADM and ASCENT program ADM.

Each district's and each institute charter school's total program is based on the district's or institute charter school's ADM for the last half of the budget year before the preceding budget year and the first half of the preceding budget year (funding averaging period). Funding for a district or an institute charter school with declining enrollment continues to be based on the greater of the actual ADM or the ADM averaged for up to 5 years. For purposes of averaging over years, a district's ADM does not include preschool program enrollment. Pupil enrollment will substitute for ADM in averaging until there are 5 years of ADM available.

In the first and second years of operation for a district charter school or an institute charter school, funding is based on the projected membership or on-line enrollment of the charter school and the ADM or on-line ADM for the first half of the first year of operation. Also, for a district charter school or an institute charter school that is building out grade levels, funding is recalculated mid-year if the district charter school's or the institute charter school's ADM or on-line ADM for the first half of the current year is greater than the ADM or on-line ADM for the funding averaging period. The state pays any increase in a district charter school's funding that results from the recalculation.

Funding for preschool and kindergarten pupils. Under the current act, the state funds a restricted number of 3-, 4-, and 5-year-old preschool program pupils who meet eligibility requirements. These preschool pupils are funded as half-day pupils. Each district and each institute charter school may include in its pupil enrollment only as many preschool pupils as it is allowed to enroll out of the total number of funded preschool positions. Under the new act, each district and each institute charter school may enroll all of the 3-, 4-, and 5-year-old preschool program pupils who apply for the program and meet the eligibility requirements. Preschool pupils are still funded as half-day pupils.

Under the current act, kindergarten pupils are funded as half-day pupils, but a pupil who repeats kindergarten is funded as a full-day pupil in the second year. Each district and each institute charter school also receives supplemental kindergarten funding based on .08 of a pupil. Under the new act, all kindergarten pupils are funded as full-day pupils.

Factors included in the formula for calculating total program. Under the current act, the formula for calculating total program adjusts the statewide base per pupil funding amount by a cost of living factor, personnel costs, nonpersonnel costs, and a size factor. After total program is calculated, the current act reduces each district's total program and the funding for each institute charter school through application of a negative factor.

Under the new act, the only factor that adjusts statewide base per pupil funding is the size factor, which is unchanged from the current act, except that it applies only to districts with a funded membership of fewer than 4,300 pupils. The new act does not include a negative factor.

The definition of at-risk pupils and the percentage increase in funding for at-risk pupils. Under the current act, at-risk pupils are defined to include pupils who are eligible for free lunch under federal law and pupils with limited English proficiency. A pupil who meets both criteria is only counted once for purposes of at-risk funding. The amount of increase for at-risk funding starts at 12% of per pupil funding and may increase to as much as 30% depending on the size of a district and the concentration of at-risk pupils within the district.

The new act creates separate formula weights for at-risk pupils and for English language learners (ELL). The new act defines an at-risk pupil as a pupil who is eligible for free or reduced-price lunch under federal law and defines an ELL as a pupil who is identified and receiving English language proficiency programs under the "English Language Proficiency Act", but a pupil may not be counted as an ELL for more than 5 years. An individual pupil may be counted and receive weighted funding as both an at-risk pupil and an ELL. The department calculates each district's and each institute charter school's at-risk pupil ADM and English language learner ADM. Each district and institute charter school receives at-risk funding starting at 20%, and increasing to as much as 40%, of statewide base per pupil funding multiplied by the at-risk ADM. Each district and institute charter school receives ELL funding starting at 20%, and increasing to as much as 40%, of statewide base per pupil funding multiplied by the English language learner ADM. The increase in the percentage is based on the concentration of at-risk pupils and ELLs in the district or institute charter school. At-risk pupils and ELLs who are enrolled in multi-district on-line schools are included in the at-risk and ELL funding.

Minimum per pupil funding. Under the current act, a district receives as total program the greater of total program calculated using the formula and at-risk funding, plus on-line funding and ASCENT program funding, or minimum per pupil funding multiplied by the district's funded pupil count, plus on-line funding and ASCENT program funding. The new act does not include minimum per pupil funding.

On-line pupil funding and ASCENT program funding. Under the current act, a district receives funding for each on-line pupil and each pupil enrolled in the ASCENT program at the amount, starting in the 2007-08 budget year, of $6,135 per pupil, which amount has been increased by inflation and decreased by the negative factor each budget year. Under the new act, the per pupil amount for on-line pupil funding and ASCENT program funding is equal to the statewide base per pupil funding for the applicable budget year. A multi-district on-line school receives at-risk funding and ELL funding in addition to the on-line pupil funding.

Calculation of total program for and payment of state moneys to institute charter schools. Under the current act, the funding for an institute charter school is based on the total program of the district within which the institute charter school is physically located (accounting district). The department calculates the accounting district's total program, adding the institute charter school's pupil enrollment, and then subtracts the institute charter school's funding from the state share of the accounting district. Under the new act, the department will calculate the total program for each institute charter school using the per pupil funding amount of the accounting district, but using the institute charter school's funded membership, at-risk pupil ADM, English language learner ADM, on-line pupil ADM, if applicable, and ASCENT program ADM, if applicable. Each institute charter school's total program will also include a mill levy equalization per pupil amount that is equal to the total statewide mill levy override for the preceding budget year divided by the statewide district total funded membership, less the ASCENT program ADM, for the preceding budget year. The department will pay the total program for institute charter schools directly from the state public school fund to the state charter school institute for distribution to the institute charter schools.

Calculation of state and local shares of total program. Under the current act, a district must levy the lesser of the number of property tax mills that it levied in the previous budget year, or the number of mills it can levy and not exceed the constitutional property tax revenue limits if the district remains subject to TABOR, or 27 mills. The amount of property tax and specific ownership tax that the district receives is the district's local share, and the district's state share is the difference between the district's local share and total program.

Under the new act, the department will recalculate each district's total program mill levy using statewide state and local shares of 60% and 40%. The department will apply these percentages in a formula for calculating each district's local share that takes into account the district's real property assessed valuation, median family income, and at-risk pupil percentage. The department will then translate the calculated local share into a number of mills that may increase up to 25 mills, except a district's mill levy cannot be less than the number of mills levied in the preceding budget year, or more than the number of mills that generates property tax revenue in excess of the constitutional property tax revenue limit if the district remains subject to TABOR. The amount generated by the district's total program mill levy plus the amount the district receives in specific ownership tax revenue is the district's local share, and the district's state share is the difference between the district's local share and total program. The department will recalculate each district's total program mill levy in 5 years and then every 6 years thereafter using the district's most recent assessed valuation, median income, and at-risk pupil percentage.

If a district's total program mill levy is greater than the number of mills assessed in the preceding budget year, and the district is receiving an amount of state share plus teaching and leadership investment moneys (state funding) that is less than the district previously received in state funding, the district must seek voter approval for a mill levy increase at least once during the period in which the district is expected to assess the total program mill levy. If a district does not assess the full total program mill levy for any reason, the department will calculate the district's state share as if the district did assess the full total program mill levy, but the district will receive hold-harmless moneys in the amount of the difference between what the district received in state share before recalculation and what the district receives in state share after recalculation for the period in which the total program mill levy applies. If a district's total program mill levy generates an amount of property tax revenue that exceeds the district's total program, and the district's total program is decreased under the new act, the district must consider the amount of excess revenue as a portion of the district's mill levy override for cost of living expenses, and the amount counts against the cap on the district's mill levy override for cost of living expenses. If the district's total program mill levy generates property tax revenues that exceed the district's total program plus this excess revenue amount, the district must use the amount received above the excess revenue to replace state categorical program funding that it would otherwise receive from the state.

Authorized mill levy overrides. Under the current act, a district may levy a number of mills in addition to its total program mill levy (mill levy overrides). There are 3 types of mill levy overrides in the current act. One is for general operating expenses, and the amount of revenue that a district may generate from this override is capped at the greater of 25% of the district's total program or $200,000. The second authorized mill levy override is for a supplemental cost of living adjustment, but to receive this override, a district must have received voter approval before June 2002. The third authorized mill levy override is for the excess costs of providing full-day kindergarten, including the capital construction costs associated with a full-day kindergarten program.

Under the new act, a district may continue collecting any mill levy overrides that it has prior authority to collect. In addition, there are 4 types of mill levy overrides that a district may seek if it is levying the required number of mills based on the recalculation.

The first type is a mill levy override for general operating expenses. The amount of revenue that the district may generate from the override is limited to the greater of 25% of the district's total program plus teaching and leadership investment moneys for the applicable budget year; 25% of the district's total program for the 2014-15 budget year calculated without the negative factor plus teaching and leadership investment moneys for the applicable budget year plus the amount of categorical buyouts and state support received for categorical programs; or $200,000. A district may also seek a mill levy override to fund early childhood education programs, a mill levy override to fund technology and building maintenance and operation, and a mill levy override to help offset cost of living expenses incurred by employees. The cost of living mill levy override is capped at an amount equal to the portion of the district's total program for the 2014-15 budget year that is attributable to the cost of living factor, calculated before the negative factor. The cap increases by inflation annually beginning with the 2016-17 budget year.

The new act does not affect the mill levy authorizations that exist in current law outside of the current act.

State moneys available to districts and institute charter schools in addition to total program. Under the current act, a district or an institute charter school may receive funding in addition to total program under several provisions, including hold-harmless full-day kindergarten funding, small attendance center aid limited to districts and institute charter schools that received the aid prior to the 2008-09 budget year, funding for national school meal programs, funding for declining enrollment districts with new charter schools, state assistance for charter schools for capital construction, and moneys through the contingency reserve fund. The new act includes all of these provisions except hold-harmless full-day kindergarten funding.

In addition, under the new act, institute charter schools are not eligible for small attendance center aid. In addition, under the new act a district or an institute charter school may receive state funding in addition to the state share of total program through one or more of these new provisions:

Each district and each institute charter school will receive teaching and leadership investment moneys in an amount equal to $600 in the first year, and 50% of the new tax revenue divided by the statewide total ADM in subsequent years, multiplied by the district's or institute charter school's ADM, which does not include multi-district on-line school enrollment or ASCENT program enrollment.

If the recalculation of a district's state and local shares results in the district receiving less state funding than the district previously received, the district will receive hold-harmless moneys equal to the difference between the amount of state share the district received before the recalculation and the amount of state share received after; except that a district cannot receive a combination of local share, state share, and hold-harmless moneys that exceeds the district's total program for the 2014-15 budget year. The department will recalculate a district's hold-harmless moneys when it recalculates the district's state and local shares.

A district may receive a mill levy equalization payment that is calculated as a specified dollar amount multiplied by the district's ADM in the budget year in which it receives voter approval for a property tax increase, minus the amount of property tax revenue received from 2.5 mills in a property tax year in which the district applies for the mill levy equalization payment. The dollar amount is equal to the per pupil amount that would be generated by a levy of 2.5 mills on the statewide assessed valuation for the budget year in which the district receives voter approval for the property tax increase. The district may apply for and receive the payment in each budget year in which the district payment would be greater than zero and the district has an ADM of fewer than 10,000 pupils. A district that receives mill levy equalization payments must distribute to charter schools of the district a per pupil share of the amount of mill levy equalization payments received.

A district that receives less in state share following recalculation of the state and local shares may apply to the department for reimbursement of election costs if the district holds an election to increase the mill levy to the newly required number of mills and the county clerk and recorder's office requires the district to pay election costs.

A district may apply for and receive moneys through the education innovation grant program created in the new act. The grant program is designed to provide money to teachers, principals, district administrators, public schools, school districts, and boards of cooperative services to implement innovations in the delivery of public education. The department reviews applications and recommends grant recipients to the education innovation board (board) created in the new act. The governor, the president of the senate, and the speaker of the house of representatives appoint the members of the board, and the board is responsible for awarding the grants. The department must create metrics for measuring the success of the innovations that receive grants and must report to the education committees concerning the innovations and results received. A majority of the moneys appropriated for the grant program must be awarded to fund expanded learning time initiatives, and priority must be given to applications from priority improvement and turnaround districts and schools.

Mid-year recalculation of total program. Under the current act, a district's total program for a full budget year is based on the pupil enrollment count from October 1, and it is not adjusted during the budget year. Under the new act, if a district's or institute charter school's ADM for the first half of a budget year increases by a percentage that is greater than the statewide average enrollment growth for the applicable funding averaging period, the department must recalculate the district's or institute charter school's total program using the current year ADM, at-risk pupil ADM, English language learner ADM, on-line pupil ADM, if applicable, and ASCENT program ADM, if applicable. The department will adjust the remaining monthly payments as necessary. A district that receives a mid-year recalculation must recalculate and adjust the funding for the charter schools of the district based on the charter schools' current year ADM, at-risk pupil ADM, English language learner ADM, on-line pupil ADM, if applicable, and ASCENT program ADM, if applicable.

Allocations of funding by districts to charter schools and other schools of the district. Under the current act and related provisions, each district charter school receives funding based on the authorizing district's per pupil revenues or adjusted per pupil revenues plus at-risk supplemental aid. Each district is required to use a percentage of its at-risk funding to provide programs for at-risk pupils, including English language proficiency programs. Otherwise, a district is not restricted in how it uses its operating moneys or in how it allocates them to schools of the district.

Under the new act, each district must annually calculate its per pupil at-risk funding by dividing the total amount of at-risk funding received by the number of at-risk pupils enrolled in the district each school day, totaled for the funding averaging period and divided by the number of school days in the funding averaging period. Each district must also annually calculate its per pupil ELL funding by dividing the total amount of ELL funding by the district's English language learner ADM. Each district must then allocate the at-risk funding and ELL funding to each charter school, including a multi-district on-line charter school, by multiplying the per pupil at-risk funding by the charter school's at-risk pupil ADM and the per pupil ELL funding by the charter school's English language learner ADM.

Each district must also allocate to each school of the district that is not a charter school the district's state-share portion of the per pupil at-risk funding multiplied by the school's at-risk pupil ADM and the district's state-share portion of the per pupil ELL funding multiplied by the school's English language learner ADM. A principal of a school that is not a charter school has full autonomy to use the school's at-risk and ELL funding as he or she sees fit for the at-risk pupils and ELLs enrolled at the school. The principal may use the moneys to purchase programs or services from the district. The principal may also choose to forego control of the at-risk and ELL funding, in which case the district maintains control of the funding.

Each district, each charter school, and each public school must use the at-risk funding and the ELL funding for programs that primarily serve at-risk pupils and ELLs.

In addition, each district must distribute to each of its district charter schools a per pupil share of the local property tax revenues approved on or after July 1, 2014, that the district collects in addition to revenues for total program unless the revenue was specifically authorized for a program that the charter school does not offer. If a district fails to distribute the per pupil share of additional local property tax revenues or the per pupil share of any mill levy equalization the district receives, the state board must revoke the district's exclusive authority to charter schools within its boundaries. A district may recover its exclusive chartering authority after complying with the distribution requirements for 6 months.

Review of the return on the investment of funding and cost studies every 4 years. Beginning in January of 2016 and every 4 years thereafter, the department must prepare a report analyzing the increases in academic growth and achievement, if any, achieved in programs, among student groups, or in areas of the state, that received an increased investment of moneys under the new act. The report must also include cost studies that identify any deficits in funding and the amounts needed to remedy the deficits. The cost studies must apply 3 identified methods. The cost study must also attempt to correlate funding deficits with performance deficits.

Public financial reporting by districts and institute charter schools. Under current law, the state board must implement a statewide financial, student management, and human resource electronic data communications and reporting system (reporting system). Under the bill, the reporting system, including the standard chart of accounts, must require the reporting of expenditures, including salary and benefit expenditures, at the school-site level. The department will create, either directly or by contract, a web site view that translates the reported expenditures for schools, districts, boards of cooperative services, and the state charter school institute into a format that is readable by a layperson.

State moneys for mid-year recalculation of funding for new and expanding district charter schools. Under the current act, a district charter school's funding is based on its pupil enrollment as of October 1 of the budget year, and there are no mid-year adjustments in funding. Under the new act for the first year that a charter school enrolls pupils, its funding is based on the projected membership or on-line enrollment for the first day of class. For the second year in which the charter school enrolls pupils, the charter school's funding is based on the ADM or on-line ADM for the first half of the previous budget year. For the second year that a charter school enrolls pupils and in any other year in which the charter school expands its program offering by at least one grade level, the district will calculate the charter schools' ADM or on-line ADM, whichever is applicable, for the first half of the then-current budget year, and, if it has increased over the ADM or on-line ADM for the applicable averaging period, the district must recalculate the charter school's funding using the current year ADM or on-line ADM. The department must distribute to the district, for the charter school, the increased amount of funding.

Funding changes to certain categorical programs. Beginning in the 2015-16 budget year, the bill discontinues the general fund appropriations for the "English Language Proficiency Act" and the services for expelled and at-risk students grant program, and states the general assembly's intent that the amounts previously appropriated to those programs should be appropriated to fund the "Exceptional Children's Educational Act".

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/25/2013)
StatusGovernor Action - Signed (05/21/2013)
House SponsorsM. Hamner (D)
Senate SponsorsR. Heath (D)
M. Johnston (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-216
Title: Corrections Youthful Offender System
Official Summary

The bill recreates and reenacts, with amendments, certain provisions relating to the sentencing of young adult offenders to the youthful offender system in the state department of corrections (department), which provisions were repealed on October 1, 2012. The provisions allow certain young adult offenders to be sentenced to the youthful offender system. A "young adult offender" means a person who is at least 18 years of age but under 20 years of age at the time the crime is committed and under 21 years of age at the time of sentencing.

A young adult offender may be sentenced to the youthful offender system if he or she:

  • Is convicted of a felony enumerated as a crime of violence;
  • Is convicted of a felony involving a firearm;
  • Used, or possessed and threatened the use of, a deadly weapon during the commission of a felony against a person;
  • Is convicted of vehicular homicide, vehicular assault, or felonious arson;
  • Is convicted of a class 3 felony other than sexual assault, and has, within the 2 previous years, been adjudicated a juvenile delinquent for a delinquent act that would constitute a felony if committed by an adult; or
  • Is convicted of a felony offense and is determined to have been an habitual juvenile offender.

A young adult offender shall be ineligible for sentencing to the youthful offender system if he or she is convicted of any of the following:

  • A class 1 or class 2 felony;
  • A sexual offense, including incest or aggravated incest; or
  • Any offense, if the young adult offender has received a sentence to the youthful offender system for any prior conviction.

A young adult offender who is charged with first degree murder and pleads guilty to a class 2 felony as a result of a plea agreement is eligible for sentencing to the youthful offender system if the young adult offender would be eligible for sentencing to the youthful offender system for a conviction of the felony underlying the charge of first degree murder.

On or before August 1, 2013, the department shall implement policies pursuant to the federal "Prison Rape Elimination Act of 2003", 42 U.S.C. 15601 et seq., to ensure compliance with certain provisions relating to youthful offenders.

On or before October 1, 2013, and on or before each October 1 thereafter, the department shall report to the judiciary committees of the house of representatives and senate concerning the implementation of the new policies within the youthful offender system.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (05/10/2013)
House SponsorsP. Rosenthal (D)
Senate SponsorsA. Giron (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-217
Title: K-12 Accreditation Criteria Alternative Ed Campus
Official Summary

The bill authorizes the state board of education to consider the unique circumstances and challenges posed by students enrolled in alternative education campuses when establishing the criteria applied in determining the appropriate accreditation category for each school district and the state charter school institute.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/01/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsB. Pettersen (D)
Senate SponsorsE. Hudak (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-220
Title: Emergency Medical Providers To Report Child Abuse
Official Summary

The bill adds emergency medical service providers to the list of persons who are required to report possible instances of child abuse or neglect, with an exemption made for voluntary emergency medical service providers.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (05/31/2013)
StatusGovernor Action - Signed (05/14/2013)
House SponsorsR. Fields (D)
Senate SponsorsJ. Nicholson (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-222
Title: Improve Access Childhood Immunizations
Official Summary

Current law prohibits the department of public health and environment (department) from establishing a universal purchasing system for procuring vaccines for insured individuals in the state.

Section 2 of the bill removes the barrier to establishing a vaccine purchasing system. Section 4 authorizes the department, for purposes of increasing access to immunizations, to examine mechanisms for statewide purchase of vaccines, including childhood immunizations, and options for the state to more effectively purchase and distribute vaccines for insured individuals in the state. Additionally, the department is to explore authorizing the department of health care policy and financing to purchase vaccines recommended by the federal advisory committee on immunization practices (ACIP). Section 3 also:

  • Requires the department to convene a stakeholder taskforce to make recommendations regarding the financing and delivery of childhood immunizations, including through a vaccine purchasing system; and
  • Authorizes the state board of health to adopt rules toimplement the task force's recommendations. 

Section 3 of the bill authorizes the department to expend moneys in the immunization fund to purchase vaccines through a vaccine purchasing system, if developed.

Section 5 of the bill permits the department of health care policy and financing to purchase vaccines recommended by the ACIP through a vaccine purchasing system, if developed, for children enrolled in the children’s basic health plan.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/11/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsD. Pabon (D)
Senate SponsorsI. Aguilar (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-227
Title: Protect Rape Victim From Contact With Father
Official Summary

If a child was conceived as a result of an act that led to the parent's conviction for sexual assault or a conviction in which the underlying factual basis was sexual assault, the parent who is the victim of the sexual assault (victim) may file a petition in juvenile court to prevent future contact with the parent who committed the sexual assault and to terminate the parent-child legal relationship of that parent. The court shall terminate the parent-child legal relationship if the court finds by clear and convincing evidence that:

  • The parent was convicted of an act of sexual assault againstthe victim or convicted of a crime in which the underlying factual basis was sexual assault against the victim;
  • The child was conceived as a result of that sexual assault orcrime; and
  • Termination of the parent-child legal relationship is in thebest interests of the child.

The bill creates a rebuttable presumption that terminating the parental rights of the parent who committed the act of sexual assault or crime is in the best interests of the child.

After a petition has been filed, the court may appoint a guardian ad litem to represent the child's best interests in the proceeding.

The victim shall not be required to appear in the presence of the other parent, and the victim's and the child's whereabouts shall be kept confidential.

A person whose parental rights are terminated under the bill has:

  • No right to allocation of parental responsibilities for the child, including any right to parenting time or decision-making;
  • No right to inheritance from the child; and
  • No right to notice of, or standing to object to, the adoption of the child.

A person whose parental rights are terminated is not relieved of any obligation to pay child support unless waived by the victim. In such cases, the court shall order the payments to be made through the child support registry or a court escrow to avoid the need for any contact between the parties.

The victim shall be entitled, upon request, to a no-contact protection order issued against the person whose parental rights are terminated that prohibits the person from having any contact with either the victim or the child.

Termination of the parent-child legal relationship pursuant to the bill is an independent basis for termination of parental rights, and the court need not make any of the considerations or findings described in other statutes for termination of the parent-child legal relationship. The bill also states that nothing in the bill prohibits the termination of parental rights by the court using other grounds under the "Colorado Children's Code" in cases that do not meet the criteria set forth in the bill.

Amends the criminal statutes on sexual assault, unlawful sexual contact, sexual assault on a child by one in a position of trust, and sexual assault on a client by a psychotherapist to specify the loss of rights under the bill.

A task force on children conceived by rape is created to study and make recommendations for protecting rape victims and for addressing parental rights in cases in which there are allegations that a sexual assault has occurred, a conviction of or prosecution for sexual assault has not occurred, and a child has been conceived as a result of the alleged sexual assault. The bill specifies the membership of the task force, what it should study, and the time frame for the task force to report to certain legislative committees of the general assembly. The statutory authority for the task force repeals January 1, 2014.

The portions of the bill that allow the court to terminate parental rights and that make conforming amendments to the criminal law statutes on sexual assault apply to acts or offenses committed on or after July 1, 2013.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/17/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsL. Landgraf (R)
Senate SponsorsM. Carroll (D)
E. Hudak (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-231
Title: Title IV-E Waiver Demonstration Project
Official Summary

Joint Budget Committee. The bill creates the Title IV-E waiver demonstration project (project) in the department of human services (department). The department is authorized to enter into performance agreements with individual counties or groups of counties for the purpose of the project. The Title IV-E waiver demonstration project cash fund is created. The state board of human services is authorized to promulgate rules for the implementation of the project and is required to submit a report on the outcomes of the project.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/05/2013)
StatusGovernor Action - Signed (05/14/2013)
House SponsorsC. Levy (D)
Senate SponsorsP. Steadman (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-244
Title: Substance Abuse Trend And Response Task Force
Official Summary

The current state methamphetamine task force repeals on July 1, 2014. The bill renames the task force the state substance abuse trend and response task force (task force) and changes the emphasis of the task force from solely methamphetamine to all substance abuse, including nonfederal-drug-administration-regulated pharmaceutical drugs. The bill expands the members of the task force appointed by the co-chairs from 16 to 22. The bill extends the repeal of the task force to July 1, 2018.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsD. Kagan (D)
Senate SponsorsL. Guzman (D)
House CommitteeJudiciary
Senate CommitteeJudiciary
LobbyistsLobbyists

Bill: SB13-255
Title: Statutory Changes To Child Fatality Review Teams
Official Summary

Sections 1 and 4 of the bill require county or district public health agencies to establish or arrange to be established local or regional child fatality prevention review teams operating under the purview of the department of public health and environment (local or regional review team). County or district public health agencies may collaborate to form a regional child fatality prevention review team.

Section 2 revises and updates language in the legislative declaration for the Colorado department of public health and environment (CDPHE) child fatality review teams.

Section 3 adds a definition of a "local or regional review team".

Section 5 details the responsibility of local or regional review teams. The local or regional review teams are required to report case review findings to public and private agencies that have responsibilities for children and make prevention recommendations. The local and regional review teams shall also enter data into the web-based data-collection system utilized by CDPHE.

Section 6 amends the membership of CDPHE's state-level child fatality prevention review team (CDPHE state review team) to include a member from the office of Colorado's child protection ombudsman and to make numerous currently nonvoting positions into voting positions.

Section 7 of the bill tasks the CDPHE state review team with the following duties:

  • To conduct an individual case-specific review of every child abuse or neglect fatality in Colorado, if a local or regional review team has not conducted such a review;
  • To conduct a review of systemic child welfare issues;
  • To utilize a child fatalities data-collection system;
  • To collaborate with the Colorado department of human services child fatality review team (CDHS review team) to make joint recommendations for the prevention of child abuse and neglect fatalities;
  • To work directly with professionals who have information regarding the cause or circumstances leading to a child's fatality;
  • To administer moneys to county and district public health agencies to support local and regional review teams;
  • To provide training and technical assistance to local and regional review teams regarding the facilitation of a child fatality review process, data collection, evidence-based prevention strategies, and the development of prevention recommendations, as well as strategies for convening a local or regional review team, establishing methods of notification after a child fatality, and strategies to address conflicts of interest; and
  • To provide an annual data report to local and regional review teams.

Sections 8 and 9 provide conforming amendments.

Section 10 deals with the time frame in which the CDHS review team is required to conduct a review. Currently, the CDHS review team is required to conduct an in-depth case review after an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect (incident) when the child or family has had previous involvement with the state or county within the previous 2 years. The bill changes that time frame to 3 years.

The CDHS review team is given the additional duty to make annual policy recommendations that address systems involved with children and to follow up on specific system recommendations. The CDHS review team is required to make annual reports to both the public and the legislature concerning such recommendations.

Current law also requires the CDHS review team to complete a draft, confidential, case-specific review report and submit the draft to any county department of social services with previous involvement with the child or family related to the incident within 30 days. That 30-day period is extended to 55 days.

Language is added to ensure that any information released to the public by the CDHS review team is not contrary to the best interests of the child who is the subject of the report, or his or her siblings, is in the public's interest, and is consistent with the federal "Child Abuse Prevention and Treatment Reauthorization Act of 2010".

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/05/2013)
StatusGovernor Action - Signed (05/14/2013)
House SponsorsJ. Singer (D)
J. May (D)
Senate SponsorsJ. Kefalas (D)
L. Newell (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-260
Title: Financing Of Public Schools
Official Summary

The bill amends the "Public School Finance Act of 1994" (act) to modify the funding for public schools from preschool through the twelfth grade for the 2013-14 budget year, and, in some circumstances, for budget years thereafter, as follows:

Statewide base per pupil funding: For the 2013-14 budget year, the statewide base per pupil funding is increased to $5,954.28 to account for a 1.9% inflation rate.

Funded pupil count: Currently, a district's funded pupil count is calculated by adding the district's on-line pupil enrollment, preschool program enrollment, supplemental kindergarten enrollment, and accelerating students through concurrent enrollment (ASCENT) program pupil enrollment, all for the applicable budget year, and the greater of the district's pupil enrollment for the current budget year or an average of the district's pupil enrollment for the current budget year and the 2, 3, or 4 immediately preceding budget years.

In addition, the bill specifies that, notwithstanding the calculation for determining funded pupil count, for the 2013-14 budget year and each budget year thereafter, a district's funded pupil count will not be less than 50 pupils.

Negative factor: During the 2010 and 2011 legislative sessions, the general assembly amended the act for the 2010-11 budget year and budget years thereafter to reduce the amount of the annual appropriation to fund the state's share of total program funding for all school districts and the funding for institute charter schools (total program funding) to assist in stabilizing the state budget. The general assembly accomplished the reduction to each district through a calculation that resulted in a factor, called the negative factor, to be applied to each district's total program funding amount in the applicable budget year.

For the 2013-14 budget year, the general assembly has determined that application of the negative factor to total program funding is necessary, but without an additional reduction in the amount of the annual appropriation to fund the state's share of total program funding. For the 2013-14 budget year, the bill increases the total program funding amount by a specified amount compared with the amount currently required in law to account for increases in student enrollment.

Charter school at-risk supplemental aid: Currently, certain qualified school districts, district charter schools, and institute charter schools receive at-risk supplemental aid (aid) in addition to the at-risk funding received pursuant to the act. A portion of the funding for the aid comes from the amount recovered by the department of education (department) from school district and charter school audits. The bill eliminates this funding source for the aid and funds the aid from the state public school fund.

Charter school capital construction: Currently, $6 million from the state education fund is annually appropriated for capital construction costs for all eligible districts and for all eligible institute charter schools. For the 2013-14 budget year only, the appropriation from the state education fund for charter school capital construction costs is increased to $7 million.

In addition to the changes to the act, the bill modifies other provisions related to funding for public schools as follows:

"READ Act" funding: During the 2012 legislative session, the general assembly enacted the "READ Act" and specified that, for the 2013-14 state fiscal year and for each state fiscal year thereafter, any interest or income, up to $16 million, earned on the investment of moneys in the public school fund in excess of $11 million, other than interest and income credited to the public school capital construction assistance fund, shall be transferred to the early literacy fund to be used for purposes of the "READ Act".

The bill eliminates the provision that authorizes the early literacy fund to receive a transfer from the public school fund and, for the 2013-14 budget year and each budget year thereafter, requires the state treasurer to annually transfer $16 million from the state education fund to the early literacy fund for purposes of the "READ Act".

Educator effectiveness: The great teachers and leaders fund was created to accept moneys to be used for the implementation of the state council for educator effectiveness. For the 2013-14 fiscal year, the bill requires the state treasurer to transfer $200,000 to the great teachers and leaders fund from the state education fund.

"Tier B" special education funding: "Tier B" special education funding is $6,000 per child with one or more specific disabilities described in law. The department determines the percentage of children for which a district receives such funding based on the amount remaining from the appropriation for special education funding after several other special education funding requirements have been met. For the 2013-14 budget year and each budget year thereafter, the appropriation for special education is increased by $20 million and is required to be used for "Tier B" special education funding.

Colorado preschool program: The Colorado preschool program (CPP) serves children from ages 3 to 5 who lack overall learning readiness due to one or more factors specified in law. For the 2013-14 budget year and each budget year thereafter, the bill increases the number of children who may participate in CPP by 3,200 for a total of 23,360 children who may participate in CPP statewide. The bill allows school districts to serve the total number of additional children eligible to participate in CPP pursuant to the bill with either a half-day or full-day of preschool through the CPP or through a full-day of kindergarten through preexisting school district full-day kindergarten programs.

Expanding quality incentive program: The bill creates, in the department and within the CPP, the expanding quality incentive program (program). Through the program, an eligible school district may apply to the department for a grant to obtain a school-readiness quality rating for the district's preschool program and, based on the quality rating that the district's preschool program achieves, receive a quality improvement grant that the district must use to enhance the quality of the district's preschool program.

Once every 2 years, school districts, based on the recommendation of the school district's preschool program advisory council, may apply to the department to participate in the program. A school district is eligible to participate in the program only if it has established a preschool program through the CPP that is in compliance with the requirements of the CPP and is licensed by the department of human services. School districts that contract out all or any portion of the school district's preschool program to a head start or child care agency must allow the head start or child care agency to participate in the program.

A classroom that is rated with zero, one, or 2 stars will receive a quality improvement grant for 2 years to be used in furtherance of the district's quality improvement plan generated by the quality improvement rating.

Each district that participates in the program must report specified information to the department after the second year in which the district receives the quality improvement grant. In addition, the department must include certain information about the program in its annual report to the general assembly regarding the CPP. The state board of education must promulgate rules to implement and operate the program.

Public school fund: The bill eliminates the requirement that up to $16 million from the interest or income earned on the public school fund be used for the "READ Act" and increases the amount of interest or income earned on the investment of the moneys in the public school fund that shall be credited to the state public school fund for distribution as provided by law from $11 million to $16 million.

"BEST Act": The bill excludes from the definition of "public school lands income" the income received from bonus payments between July 1, 2012, and June 30, 2016, under the terms of the oil and gas development lease for the Lowry Range property entered into in March 2012.

Quality teacher recruitment: The bill requires the department to contract at least one organization (vendors) to create a quality teacher recruitment program (recruitment program) for the state to recruit, select, train, and retain highly qualified teachers to teach in schools and school districts in Colorado that can demonstrate historic difficulty in recruiting and retaining highly qualified teachers. The department must select a vendor that:

  • Commits to working with one or more districts in the state for at least 2 years to recruit highly qualified teachers;
  • Has a documented history of recruiting, training, and retaining highly qualified teachers in areas of Colorado or in other states that have had historic difficulty in recruiting and retaining highly qualified teachers;
  • Commits to hiring only teachers who are highly qualified pursuant to the United States department of education guidelines;
  • Can demonstrate that the teachers it has worked with in the past achieve high academic growth from their students based on state achievement data or independent studies;
  • Has a documented history of providing professional development for educators; and
  • Commits to matching 100% of any moneys paid to the vendor through the contract.

The bill requires a vendor that enters into a contract with the department to operate a recruitment program to submit a report to the department that includes specified data and performance metrics from the prior school year. In addition, the department must contract with a third party to evaluate the recruitment program and to submit a report to the department regarding the progress of the vendor based on the same specified data and performance metrics.

Nationally board certified teachers: The department is required to award an annual stipend to a teacher or principal who is employed to teach in a school district, a program operated by a board of cooperative services, a district charter school, or an institute charter school, and who holds a certification from the national board for professional teaching or principal standards. The bill increases the appropriation from the state education fund for the stipends by $1,339,200.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/25/2013)
StatusGovernor Action - Signed (05/17/2013)
House SponsorsM. Hamner (D)
Senate SponsorsE. Hudak (D)
P. Steadman (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists

Bill: SB13-261
Title: Oral Health Community Programs
Official Summary

The bill restructures the oral health programs administered by the department of public health and environment (department) by repealing the current dental assistance and water fluoridation programs and replacing them with a consolidated oral health community grants program. Under the program, the department will award grants to communities to assist with implementing oral health strategies, including school dental sealant programs and water fluoridation systems.

The bill also repeals the oversight provided by a designated group of dentists for the dental assistance program for seniors.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/03/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsB. McCann (D)
Senate SponsorsJ. Nicholson (D)
House CommitteeHealth, Insurance & Environment
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-266
Title: Coordinated Behavioral Health Crisis Response
Official Summary

The bill directs the department of human services (department) to issue a request for proposals to entities with the capacity to create a statewide coordinated and seamless behavioral health crisis response system (crisis system). Proposals will be accepted for each of 5 specific components of a crisis system: A 24-hour crisis telephone hotline, walk-in crisis services and crisis stabilization units, mobile crisis services, residential and respite crisis services, and a public information campaign. The department is directed to establish and work with a committee of interested stakeholders, including the department of health care policy and financing, to develop the request for proposals and the selection criteria. The committee will also be responsible for reviewing proposals and awarding contracts. The request for proposals is scheduled to go out on or before September 1, 2013, and contracts must be awarded on or before January 1, 2014. The department is required to make annual reports to the general assembly on the progress toward implementing the crisis system.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/09/2013)
StatusGovernor Action - Signed (05/16/2013)
House SponsorsT. Kraft-Tharp (D)
D. Young (D)
Senate SponsorsI. Aguilar (D)
J. Nicholson (D)
House CommitteePublic Health Care & Human Services
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-278
Title: Child Welfare And Drug-endangered Child Definition
Official Summary

The bill creates a definition of a "drug-endangered child" in the context of child abuse or neglect.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/17/2013)
StatusGovernor Action - Signed (05/28/2013)
House SponsorsD. Young (D)
Senate SponsorsA. Kerr (D)
L. Newell (D)
House CommitteeState, Veterans, & Military Affairs
Senate CommitteeHealth & Human Services
LobbyistsLobbyists

Bill: SB13-279
Title: K-12 School Energy Resource Efficiency
Official Summary

After January 1, 2014, each school district and district charter school shall ensure that each project for a new or substantially renovated building or structure is designed and constructed to the highest energy efficiency standards practicable, including but not limited to the federal energy star label or the highest performance certification attainable as certified by an independent third party pursuant to the public school facility construction guidelines adopted by the public school capital construction assistance board. A school that meets the construction or design high performance standards is encouraged to incorporate the measures adopted or standards met into its curriculum.

Full TextFull Text of Bill
Fiscal NotesFiscal Notes (06/25/2013)
StatusGovernor Action - Signed (06/05/2013)
House SponsorsC. Gerou (R)
Senate SponsorsA. Kerr (D)
House CommitteeEducation
Senate CommitteeEducation
LobbyistsLobbyists
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