2017 Archives

Enacted Senate Legislation

Senate Bill 012 - Competency Restoration Services and Education. Sponsored by Senator B. Martinez Humenik and Representative P. Lee. The bill addresses various issues relating to the restoration of competency for juveniles and adults in the juvenile and criminal justice systems, including:

  • Requiring the court to consider whether restoration to competency services should occur on an outpatient basis if the defendant is on bond or summons;
  • Requiring that, in addition to providing competency restoration services in the least restrictive environment, the provision of such services and a juvenile's participation in those services occur and are reviewed by the court in a timely manner;
  • Establishing the unit within the department of human services that administers behavioral health programs and services, including those relating to mental health and substance abuse, also known as the office of behavioral health (office), as the entity responsible for the oversight of restoration education and the coordination services necessary to competency restoration; and 
  • Setting forth the duties of the office related to competency restoration services and education.

Senate Bill 025 - Marijuana Education Materials Resource Bank. Sponsored by Senators R. Baumgardner and C. Holbert and Representative J. Singer. The bill directs the department of education:

  • By July 1, 2017, to create and maintain a resource bank for public schools to use without charge that consists of materials and curricula pertaining to marijuana use; and
  • Upon request of a public school, to provide technical assistance in designing age-appropriate curricula on marijuana use.

The bill authorizes resource bank expenses to be paid from the marijuana tax cash fund.

Senate Bill 033 - Delegate Dispensing Over-the-Counter Medications. Sponsored by Senator I. Aguilar and Representative P. Lawrence. The bill allows a professional nurse to delegate to another person, after appropriate training, the dispensing authority of an over-the-counter medication to a minor with the signed consent of the minor's parent or guardian.

Senate Bill 040 - Public Access to Government Files. Sponsored by Senator J. Kefalas and Representative D. Pabon. Section 2 of the bill modifies the Colorado Open Records Act (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 1 defines key terms including structured data, which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. If public records are stored as structured data, section 2 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested. Section 2 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format. If a custodian is not able to comply with a request to produce public records in a requested format, the custodian is required to produce the records in an alternate format and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format but that the custodian reasonably believed, based upon the reasons stated in the written declaration, that the data could not be produced in the requested format, attorney fees may be awarded only if the custodian's action was arbitrary or capricious. Nothing in the bill requires a custodian to produce records in their native format. Section 3 expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA. Section 4 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications: 

  • The bill deletes existing statutory language permitting the custodian to charge the same fee for services rendered in supervising the copying, printing out, or photographing of a public record as the custodian may charge for furnishing a copy, printout, or photograph;
  • The bill replaces a reference in the statute to the phrase manipulation of data with the phrase programming, coding, or custom search queries so as to convert a record into a structured data or searchable format;
  • In connection with determining the amount of the fee for a paper or electronic copy of a public record, the bill specifies that, if a custodian performs programming, coding, or custom search queries to create a public record, the fee for a paper or electronic copy of that record may be based on recovery of the actual or incremental costs of performing the programming, coding, or custom search queries, together with a reasonable portion of the costs associated with building and maintaining the information systems; and
  • When a person makes a request to inspect or make copies or images of original public records, the bill permits the custodian to charge a fee for the time required for the custodian to supervise the handling of the records, when such supervision is necessary to protect the integrity or security of the original records.

Section 5 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA.

Senate Bill 052 - Statutory Revision Committee Colorado Department of Education Title 22 Corrections. Sponsored by Senator A. Kerr and Representative D. Thurlow. The bill implements 2 recommendations related to title 22 from the department of education to the statutory revision committee. The first recommendation is to change the single remaining statutory reference in title 22 that names October 1 as a mileage or pupil enrollment count date to the pupil enrollment count day, as defined in section 22-54-103 (10.5) in order to conform with the rest of the references in title 22. The second recommendation is to delete from statute the phrases accredited independent school and accredited nonpublic school because the state board of education does not accredit either type of school.

Senate Bill 060 - Colorado Student Leaders Institute Relocation to Colorado Department of Higher Education. Sponsored by Senator N. Todd and Representative J. Wilson. The Colorado student leaders institute currently exists as a pilot program in the lieutenant governor's office. The bill relocates the institute to the department of higher education without change.

Senate Bill 068 - School Counselors Early Support for Students. Sponsored by Senator N. Todd and Representative J. Singer. Under current law, a public school that includes any of Grades 7 through 12 is eligible to receive a grant through the behavioral health care professional matching grant program. Sections 2 to 5 of the bill add elementary schools to the list of public schools eligible to receive a grant through the program. Under current law, a public middle, junior, or high school is eligible to receive a grant through the school counselor corps grant program. Sections 6 to 10 of the bill add elementary schools to the list of public schools eligible to receive a grant through the program.

Senate Bill 076 - Authority to Spend Money for School Awards. Sponsored by Senator K. Priola and Representative J. Coleman. Under existing law, the department of education may accept gifts, grants, and donations to use in making monetary awards to certain high-performing public schools and in purchasing tangible items of recognition for the schools. The bill specifies that the department may expend any amount received as a gift, grant, or donation for this purpose without further appropriation. 

Senate Bill 103 - Early Learning Strategies in Education Accountability. Sponsored by Senator R. Zenzinger and Representative B. Petterson. Under current law, the department of education (department) must provide technical assistance and support to school districts, the state charter school institute (institute), and public schools that are operating under an improvement plan, priority improvement plan, or turnaround plan. The bill specifies that the technical assistance may include consultation concerning strategies that address the quality and availability of early childhood education opportunities. Each school district and public school must conduct a needs assessment when preparing its performance plan. The bill specifically requires an early childhood learning needs assessment for school districts and public schools that serve children in kindergarten through third grade. Current law specifies several actions that a public school may take if it is low performing and after it has been low performing for 5 years. The bill expands the list of actions for a public school that services children in kindergarten through third grade to include investing in research-based strategies to address any deficiencies identified in the early childhood learning needs assessment if those deficiencies are a direct cause of the public school's low performance and the public school has not previously implemented the strategies with success.

Senate Bill 123 - Seal of Biliteracy for High School Diplomas. Sponsored by Senators K. Priola and R. Zenzinger and Representatives M. Hamner and J. Wilson. The bill authorizes a school district, BOCES, or institute charter high school to grant a diploma endorsement in biliteracy to a student who demonstrates proficiency in English and at least one foreign language. The bill establishes the requirements a graduating high school student must meet to obtain the biliteracy endorsement.

Senate Bill 144 - Sunset Review Education Data Advisory Committee. Sponsored by Senators R. Zenzinger and O. Hill and Representative B. Petterson. The bill implements the recommendation of the department of regulatory agencies to continue the education data advisory committee.

Senate Bill 152 - Implement Changes Made by Amendment 71. Sponsored by Senator L. Court and Representatives S. Lontine and C. Kennedy. The bill implements changes to the Colorado constitution approved by voters at the 2016 general election that make it more difficult to amend the state constitution by:

  • Prohibiting a petition for an initiated state constitutional amendment to be submitted to voters for approval or rejection unless the petition is signed by the constitutionally specified number of registered electors who reside in each state senate district and total number of registered electors; and
  • Requiring at least 55% of the votes cast on any state constitutional amendment to adopt the amendment; except that only a simple majority of the votes cast is necessary to adopt a state constitutional amendment that only repeals in whole or in part a provision of the state constitution.

When a draft of a ballot issue that proposes a state constitutional amendment is filed with the title board, the title board must decide if the proposed constitutional amendment only repeals in whole or in part a provision of the state constitution for purposes of determining the required percentage of votes cast to adopt the amendment. The designated representatives of the proponents or any registered elector who is not satisfied with the title board's decision may appeal the decision by filing a motion for rehearing to the title board. Decisions of the title board at the rehearing on this issue may be directly appealed to the Colorado Supreme Court in the same manner as ballot title and fiscal impact abstract appeals. The bill requires the secretary of state to notify proponents of a petition for an initiated state constitutional amendment of the number and boundaries of the state senate districts in existence and the number of registered electors in each state senate district at the time the petition format is approved. The secretary of state must validate signatures on a petition for an initiated state constitutional amendment by random sampling. If the random sample establishes that the number of valid signatures is 90% or less of the total number of registered electors needed to declare the petition sufficient, the secretary of state is required to deem the petition to be not sufficient. If the random sample establishes that the number of valid signatures is more than 90% of the total number of registered electors needed to declare the petition sufficient, the secretary of state is required to order the examination of each signature filed. After the examination of a petition for an initiated constitutional amendment, the secretary of state is required to issue a statement as to whether a sufficient number of valid signatures from each state senate district and a sufficient total number of valid signatures appear to have been submitted to certify the petition to the ballot. If the secretary of state declares that the petition appears not to have either a sufficient number of valid signatures from each state senate district, a sufficient total number of valid signatures, or both, the secretary of state's statement shall specify the number of sufficient and insufficient signatures from each state senate district, the total number of sufficient or insufficient signatures, or both, as applicable. The bill allows the proponents of the petition to cure an insufficiency of signatures in one or more state senate districts, the total valid signatures, or both, as applicable.

Senate Bill 160 - Supplemental Appropriations Department of Education. Sponsored by Senator K. Lamber and Representative M. Hamner. Supplemental appropriations are made to the department of education.

Senate Bill 173 - School Finance Mid-Year Adjustments. Sponsored by Senator K. Lambert and Representative M. Hamner. The general assembly recognizes that the actual funded pupil count and the actual at-risk pupil count were less than anticipated during the 2016 legislative session. In addition, local property tax and specific ownership tax receipts were less than anticipated, reducing the local share of total program funding. The bill reflects the general assembly's intent to maintain the state share of school districts' total program funding at the level of the original appropriation during the 2016 legislative session, and to adjust total program funding, after application of the negative factor, to reflect a reduction in the negative factor. The bill appropriates $3,950 cash funds from the state education fund to align the hold-harmless full-day kindergarten funding with the change in total program funding. 

Senate Bill 197 - Legal Services for Department of Education. Sponsored by Senator K. Lundberg and Representative D. Young. For the 2016–2017 state fiscal year, the bill increases the amount of reappropriated funds that are appropriated to the department of law for the purpose of providing additional legal services for the department of education.

Senate Bill 254 - 2017–2018 Long Appropriations Bill. Sponsored by Senator K. Lambert and Representative M. Hamner. Provides for the payment of expenses of the state of Colorado, and of its departments, agencies and institutions, for and during the fiscal year beginning July 1, 2017. Appropriates $745,124 from the Marijuana Tax Cash Fund and 1.5FTE to CDPHE for the Healthy Kids CO Survey.  Expends $48.8M of the $129M in additional local revenues that resulted from an increase in the residential assessment rate projections to hold the FY17-18 negative factor constant at the FY16-17 level of $829M. 

Senate Bill 256 - Hospital Reimbursement Rates. Sponsored by Senator K. Lambert and Representative M. Hamner. For the 2017–2018 state fiscal year, if the amount of revenue collected from the hospital provider fee is insufficient to fully fund all of the statutory purposes for the fee, the bill requires any reduction to be taken from hospital reimbursements. The bill reduces the cash funds appropriation from the hospital provider fee in the 2017 annual general appropriation act by $264,100,000.

Senate Bill 260 - Severance Tax Cash Fund Transfers to General Fund. Sponsored by Senator K. Lambert and Representative M. Hamner. On June 30, 2018, the state treasurer is required to transfer the following amounts to the general fund:

  • $11.425 million from the severance tax perpetual base fund;
  • $11.425 million from the severance tax operational fund; and
  • $22.85 million from the local government severance tax fund.

Senate Bill 262 - HUTF and Capital Construction Fund Transfers. Sponsored by Senator K. Lambert and Representative M. Hamner. For the current state fiscal year and for the next 3 state fiscal years, the state treasurer is required to transfer money from the general fund to the capital construction fund and the highway users tax fund (Senate Bill 228 transfers). For the current fiscal year, the Senate Bill 228 transfers are fixed amounts and for the remaining years, they are a percentage of the total general fund revenues, that may be reduced or eliminated if the state has to refund excess state revenues in accordance with the taxpayer's bill of rights. The bill reduces the transfer to the highway users tax fund to be made for the current fiscal year on June 30, 2017, from $158 million to $79 million. The future conditional transfers to the highway users tax fund are replaced with the following fixed transfers:

  • $79 million on June 30, 2018;
  • $160 million on June 30, 2019; and 
  • $160 million on June 30, 2020.

The future conditional transfers to the capital construction fund are replaced with the following fixed transfers:

  • No transfer for the fiscal year 2017–2018; 
  • $60 million on June 30, 2019; and
  • $60 million on June 30, 2020.

The bill also repeals provisions that relate to the conditional transfers.

Senate Bill 266 - State General Fund Reserve Reduction for FY2016–2017. Sponsored by Senator K. Lambert and Representative M. Hamner. For the fiscal year 2016–17, the bill reduces the statutorily required general fund reserve from 6.5% to 6% of the amount appropriated for expenditure from the general fund.

Senate Bill 267 - Sustainability of Rural Colorado. Sponsored by Senators L. Guzman and J. Sonnenberg and Representatives J. Becker and K. Becker. Makes the following modifications to state revenues and expenditures: 1) Creates the Colorado Healthcare Affordability and Sustainability Enterprise for the purpose of annually charging and collecting the provider fee from hospitals and leveraging that fee revenue collected to obtain federal matching money.  2) For FY17-18, reduces the TABOR limit (Ref C cap) by $200.0 million relative to the level at which it would otherwise be set.  3) Authorizes the creation of lease-purchase agreements on existing state facilities that are not part of the state emergency reserve with a net present value of at least $2.0B. Between FY18-19 and FY21-22, the State Treasurer will execute lease-purchase agreements on these facilities in amounts up to $500.0M annually. Proceeds from the lease-purchase agreements totaling $120M in FY18-19 are available for controlled maintenance and capital construction projects. The remaining proceeds are credited to the State Highway Fund (SHF), of which 25% must be expended on projects in counties with populations 5,000 or fewer.  4) Beginning in FY17-18, the bill exempts sales of recreational marijuana from the 2.9% state sales tax assessed on the sale of tangible personal property and increases the rate of the special sales tax on recreational marijuana to 15%. For FY17-18 only, the $30.0M marijuana tax revenue transferred from the General Fund to the State Public School Fund (SPSF) is appropriated to CDE for disbursement to schools in rural and small rural school districts in shares proportionate to these schools' pupil counts. For FY19-20 and subsequent fiscal years, the $30.0M marijuana tax revenue transferred to the SPSF is appropriated to CDE to meet the state's share of total program funding for school finance, and for funding charter schools overseen by the Charter School Institute.  5) Repeals the current Business Personal Property Tax and beginning in tax year 2019, creates a refundable income tax credit equal to Business Personal Property Tax that a taxpayer pays on the first $18,000 in actual business personal property value.  6) Requires executive branch departments to submit FY18-19 budget requests to OSPB that are at least 2% lower than their FY17-18 budgets.  7) Decrees that the disbursements for senior and veterans property tax exemptions qualify as a refund mechanism when Ref C triggers taxpayer refunds. 

Senate Bill 272 - Measures of Postsecondary and Workforce Readiness. Sponsored by Senator K. Priola and Representatives P. Lundeen and B. Petterson. Under existing law, one of the performance indicators for determining the level of performance of a public high school, a school district, the state charter school institute (institute), or the state is the degree to which high school graduates demonstrate postsecondary and workforce readiness. The performance indicator is currently measured by the high school's graduation and dropout rates; the percentage of high school graduates who receive a diploma with a postsecondary and workforce readiness endorsement; students' scores on the state assessments administered in grades 9 through 11, including the achievement college entrance exam; and the percentages of students who graduate and matriculate in the next school year into a postsecondary education option. The bill adds as an additional measure for determining attainment of the postsecondary and workforce indicator the percentage of students enrolled in high school who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in each public high school, at a level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation. The bill defines the demonstration options as those adopted by the state board of education in adopting the high school graduation guidelines. The state board must set achievement standards for each demonstration option that indicate the minimum achievement level required for high school graduation and a higher achievement level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation. The bill requires each school district and the institute to report to the department of education the graduation requirements that the school district, each charter high school of the school district, and each institute charter high school adopts, including the options available to high school students for demonstrating college and career readiness. 

Senate Bill 291 - Sunset School Safety Resource Center Advisory Board. Sponsored by Senator B. Martinez Humenik and Representative J. Bridges. The bill implements the recommendations of the sunset review and report on the school safety resource center advisory board (board) by eliminating the repeal date of the board and extending the board indefinitely.

Senate Bill 296 - Financing Public Schools. Sponsored by Senator O. Hill and Representative B. Petterson. The bill sets the statewide base per pupil funding amount for the 2017-18 budget year at $6,546.20, which is an inflationary increase of 2.8% and establishes the minimum amount of total program funding for the 2017-18 budget year. The bill requires that the sum of the total program funding for all schools for the 2017-18 budget year is not less than $6,585,800,182.

Senate Bill 297 - Revising Higher Education Performance Requirements. Sponsored by Senator K. Lambert and Representative M. Hamner. The bill repeals a performance-based funding plan for institutions of higher education (institutions) that was included in the master plan for Colorado postsecondary education. The performance-based funding plan was not implemented. The bill repeals the statutory provision requiring performance contracts between the department of higher education (department) and each institution, except for performance contracts with the Colorado School of Mines and private institutions participating in the college opportunity fund program. Instead, the department and the public institutions shall affirm annually the institutions' contribution toward meeting master plan goals. The department shall report annually to legislative committees concerning the institutions' progress towards those goals using data collected for state and federal reporting and state funding purposes. The department shall post the information on its website. The bill makes conforming amendments relating to the repeal. The bill repeals a provision that allowed the Colorado commission on higher education (commission) to waive any provision of article 1 of title 23, Colorado Revised Statutes, for a governing board with a performance contract. The bill replaces this with provisions that modify statutory sections that are currently waived or modified for all the state higher education governing boards as part of their performance contracts. Specifically, the bill:

  • Removes the requirement that an institution submit a proposal to obtain approval from the commission to create, modify, or discontinue an academic or vocational program, so long as the programs offered are consistent with the institution's statutory role and mission;
  • Amends provisions relating to commission master plan approval and approval of capital construction projects. Under certain circumstances, and with the commission's approval, an institution is not required to seek facility master plan approval or approval of capital construction projects.
  • Amends provisions related to student fees to enable the commission to waive fee policies.

The bill makes other changes to commission responsibilities, including repealing an obsolete program for designating institutions' programs of excellence, allowing the commission to waive provisions relating to its oversight of graduate program duplication, requiring a report on student fees to continue indefinitely and to address student tuition, and modifying the commission's responsibilities related to the development of cooperative programs among state-supported institutions.

Senate Bill 304 - Authority of the Joint Technology Committee. Sponsored by Senators A. Williams and B. Martinez Humenik and Representatives J. Singer and D. Thurlow. The bill adds definitions of cybersecurity and data privacy for the purposes of the joint technology committee (committee). In addition, the bill modifies the definition of oversee for the purposes of the committee to be consistent with other statutory provisions. The bill adds to the powers and duties of the committee the authority to request information and presentations regarding data privacy and cybersecurity within state agencies and the authority to coordinate with the Colorado cybersecurity council created in the department of public safety. In addition, the committee may consider: 

  • Whether state agencies are collecting or retaining data that exceeds what is necessary and appropriate for such agencies to perform their functions;
  • Who has access to data, the extent of such access, and appropriate mechanisms to protect sensitive data; and 
  • Measures to protect data against unauthorized access, disclosure, use, modification, or destruction.

Currently, the committee is required to review and may make recommendations to other legislative committees on any legislative measure that the speaker of the house of representatives or the president of the Senate determines to be dealing with information technology. The bill specifies that this requirement includes data privacy and cybersecurity. The bill also specifies that the committee may request to review and make recommendations to other legislative committees in any legislative measure that the committee determines to be dealing with information technology, data privacy, or cybersecurity. Pursuant to current law, the committee will repeal on July 1, 2018. The bill eliminates the repeal of the committee.

Enacted House Legislation

House Bill 1002 - Child Care Expenses Income Tax Credit Extension. Sponsored by Representatives B. Pettersen and T. Exum Sr. and Senators J. Kefalas and B. Martinez Humenik. For the 3 income tax years prior to January 1, 2017, a residential individual who has a federal adjusted gross income of $25,000 or less may claim a refundable state income tax credit for child care expenses. The tax credit is equal to 25% of eligible child care expenses that the individual incurred during the taxable year, up to a maximum amount of $500 for a single dependent or $1,000 for 2 or more dependents. The bill extends the tax credit for 3 more income tax years.

House Bill 1003 - Strategic Plan to Address Teacher Shortages. Sponsored by Representative B. McLachlan and Senator D. Coram. The bill requires the department of higher education in partnership with the department of education to examine recruitment, preparation, and retention of teachers and to prepare a strategic plan to address teacher shortages in school districts and public schools within the state. The departments must collaborate with institutions of higher education, school districts, and other educational interest groups in preparing the plan. The department of higher education must submit the plan to the Colorado commission on higher education, the state board of education, and the education committees of the general assembly by December 1, 2017.

House Bill 1004 - College Credit for Military Education and Training. Sponsored by Representatives J. Danielson and D. Michaelson and Senators O. Hill and L. Garcia. The bill requires the Colorado commission on higher education, in consultation with state institutions of higher education, to create a statewide metric for awarding college credit for measurable military education and training that is applicable to the completion of a postsecondary degree or certificate. Beginning in the 2018–2019 academic year, institutions of higher education shall award credit for military education and training pursuant to the statewide metric. During the regular legislative session prior to its implementation, the department of higher education shall report to the general assembly on the statewide metric for military credit.

House Bill 1016 - Exclude Value Mineral Resources Tax Increment Financing Division. Sponsored by Representatives L. Saine and M. Gray and Senators B. Martinez Humenik and R. Zenzinger. The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect.

House Bill 1019 - Property Tax Redemption Third Party Costs. Sponsored by Representative D. Valdez and Senator D. Coram. When property taxes are delinquent, a county treasurer issues a tax certificate, which is a lien on the property. The property can be redeemed upon paying the delinquent taxes, interest, and specified publication, abstract, and search fees. The bill now requires the repayment of any amounts paid to third parties in connection with processing the redemption.

House Bill 1041 - Inform Students and Parents of Education Leading to Jobs. Sponsored by Representative P. Covarrubias and Senator K. Priola. The bill requires a school district, board of cooperative services, or charter school (local education provider) that provides concurrent enrollment to provide a notice to students and parents twice each year that explains the number of credits and types of credentials a student may earn through concurrent enrollment and the types of jobs that are available to persons who hold those types of credentials. The bill requires the postsecondary and workforce readiness statewide coordinator to provide information to local education providers concerning the types of jobs that require the certificates that are available through concurrent enrollment and the availability of those jobs around the state. If a student chooses to follow a career pathway created by the state workforce development council, the bill requires a student's individual career and academic plan (ICAP) to include the student's progress in completing the courses and other learning experiences outlined in the pathway. In assisting a student and his or her parent in creating the ICAP, the public school must explain to the student and parent the various career pathways and the types of certificates and jobs to which the pathways lead and discuss the skills and educational opportunities available through military enlistment.

House Bill 1049 - Eliminate Property Tax Abatement Refund Interest. Sponsored by Representatives D. Thurlow and M. Gray and Senator D. Coram. If property taxes are levied erroneously or illegally and a taxpayer has not protested the valuation within the time permitted by law, then the taxpayer has 2 years from the start of the property tax year to file a petition for abatement or refund. The board of county commissioners is required to abate the taxes, and the taxpayer is entitled to a refund for the incorrect amount and, in some circumstances, refund interest equal to 1 percent per month. The bill eliminates the refund interest related to a property tax abatement.

House Bill 1065 - Clarify Requirements Formation Metropolitan District. Sponsored by Representative K. Lewis and Senator V. Marble. Under existing law, no land area that is 40 acres or more used primarily and zoned for agricultural uses may be included in any park and recreation district without the written consent of the landowners. Sections 1 and 2 of the bill make any metropolitan district providing parks or recreational facilities and programs subject to this limitation. Sections 3 and 4 clarify that only those signatures obtained after the approval by a county or municipality of the service plan of a proposed special district may be considered by the district court in determining whether the required number of taxpaying electors of such district have signed the petition for organization. 

House Bill 1082 - BEST Building Excellent Schools Today Act Technology Grant Funding. Sponsored by Representative D. Pabon and Senator J. Tate. State law requires the first $40 million of retail marijuana excise tax revenue annually collected to be credited to the public school capital construction assistance fund (assistance fund). Sections 2 and 5 of the bill require the next $5 million of retail marijuana excise tax revenue to be credited to a newly created technology grant account of the assistance fund for the purpose of providing Building Excellent Schools Today Act (BEST) financial assistance in the form of technology grants to public schools as specified in section 4. Sections 3 and 4 define the term technology for purposes of both the existing statute that gives high priority to BEST applications for projects that are designed to incorporate technology into the educational environment and the new technology grant program to include hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher. For additional clarification, section 1 amends the definition of capital construction used for purposes of BEST to include technology, as defined in the bill. Section 4 also requires the public school capital construction assistance board, when evaluating applications for BEST financial assistance, to consider the extent to which retail marijuana excise tax revenue credited to the public school capital construction assistance fund is derived from each county of the state.

House Bill 1106 - Extend Early Childhood Leadership Commission. Sponsored by Representatives B. Petterson and J. Wilson and Senators N. Todd and B. Martinez Humenik. The bill amends the statutes relating to the early childhood leadership commission (commission) in the department of human services (department) as follows:

  • Makes changes to the legislative declaration, mission, and duties of the commission to include consideration of families of pregnant women and children;
  • Increases membership from 20 members to 25 members. Among other members described in the bill, the new members may include representatives of programs providing early childhood services and supports for military families.
  • Changes the title of the person appointed to assist the department in fulfilling the duties of the commission from executive director to director;
  • Removes the requirement that the director be compensated from money credited to the early childhood leadership commission fund;
  • Permits the commission to seek, accept, and expend gifts, grants, and donations for the expenses of the commission; 
  • Allows general fund appropriations for the commission; and
  • Extends the repeal date and sunset review of the commission prior to its repeal from 2018 to 2023.

House Bill 1119 - Payment of Workers' Compensation Benefits. Sponsored by Representatives T. Kraft-Tharp and L. Sias and Senators C. Jahn and J. Tate. The bill creates the Colorado Uninsured Employer Act to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund.

House Bill 1144 - Amend Capital Construction Automatic Funding Mechanism. Sponsored by Representative D. Esgar and Senator R. Baumgardner. In the case of appropriations for capital construction, not including information technology projects, the bill requires the general assembly to include an annual depreciation-lease equivalent payment line item payable from the cash fund that is the funding source for the capital construction appropriation in the operating section of the annual general appropriation act for each state agency. The bill also clarifies that one appropriation may be for the acquisition, repair, improvement, replacement, renovation, or construction of more than one capital asset. The bill clarifies that cash fund does not include the money allocated to the division of parks and wildlife from lottery proceeds as specified in section 3 of article XXVII of the state constitution.

House Bill 1158 - Charitable Solicitations Regulation. Sponsored by Representative H. Mckean and Senators J. Smallwood and B. Martinez Humenik. Section 1 of the bill clarifies that a charitable organization's registration with the secretary of state must be renewed on an annual basis if the charitable organization intends to solicit donations in Colorado, and an organization may not continue to solicit if it fails to renew its registration. The bill also requires an organization to update information in its registration within 30 days after any change. Sections 1 to 3 make consistent the requirements for affirmations and declarations required on various forms under the charitable solicitation laws so that these laws are consistent with the Multistate Registration and Filing Portal, Inc. Section 4 authorizes the secretary of state to promulgate rules providing for the withdrawal of an active registration by a charitable organization, professional fundraising consultant, or paid solicitor. Section 5 changes the time limit for a request for a hearing on the denial, suspension, or revocation of a registration from 5 days after receipt of notice of the action by the secretary of state to 30 days after the date of the notice. Section 6 deletes the requirement that an organization designate a registered agent for service of process and notices and substitutes a requirement that the organization provide an address of record. If no alternative address is provided, the address of the organization's principal place of business is its address of record. Section 7 specifies that if an organization fails to file its actual financial report to replace estimated financial reports, the organization is subject to statutory fines. Notice of the failure to file is deemed received if sent twice to the organization's address of record. Section 8 makes the bill effective July 1, 2018.

House Bill 1160 - Kindergarten Through Third Grade English Learner Reading Assessment Language. Sponsored by Representatives M. Hamner and D. Wilson and Senators K. Priola and R. Fields. The bill specifies that, if a student enrolled in kindergarten or one of grades one through 3 is an English language learner, the school district or charter school in which the student is enrolled will decide whether the student takes the reading assessments in English or in the student's native language if there is an approved assessment available in the student's native language. If the student takes the assessments in his or her native language, the school district or charter school may also administer the assessments in English if requested by the student's parent. If a student who is an English language learner takes the reading assessments in his or her native language, the school district or charter school must determine the level of English proficiency at which the student will take the reading assessments in English and communicate that proficiency level to the student's parent.

House Bill 1176 - PERA Public Employees' Retirement Association Retirees Employed by Rural School Districts. Sponsored by Representatives J. Becker and B. McLachlan and Senator J. Sonnenberg. Current law allows a service retiree of any division of the public employees' retirement association (PERA) to work for a PERA employer for limited periods and to receive a salary without reduction in benefits under certain circumstances. Several rural school districts in the state have recently experienced a shortage of teachers, school bus drivers, and school food services cooks and would ideally address the shortages by hiring service retirees. PERA's employment after retirement provisions, including the limitation on the number of days in a calendar year that a service retiree may work for a PERA employer without a reduction in benefits, make it difficult for school districts to fill their vacancies with retired teachers, school bus drivers, and school food services cooks. The bill modifies the current PERA employment after retirement provisions for certain retirees hired by an employer in the school division if:

  • The employer that hires the service retiree is a rural school district as determined by the department of education based on certain criteria and the school district enrolls 6,500 students or fewer in kindergarten through 12th grade;
  • The school district hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district or for the purpose of being a school food services cook; and
  • The school district determines that there is a critical shortage of qualified teachers, school bus drivers, or school food services cooks, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district.

A service retiree who is a teacher, a school bus driver, or a school food services cook and who is hired by an employer in the school division that satisfies the criteria above may receive salary without a reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any PERA employer during the month of the effective date of retirement. In addition, the bill requires the employer that hires the service retiree to provide full payment of all PERA employer contributions, disbursements, and working retiree contributions. A service retiree may not receive salary without reduction in benefits and without limitation in a calendar year for more than 6 consecutive years. 

House Bill 1177 - Mediation for Disputes Arising Under CORA Colorado Open Records Act. Sponsored by Representatives A. Garnett and C. Wist and Senator J. Cooke. Commencing on the effective date of the bill, any person denied the right to inspect documents under the Colorado Open Records Act (CORA) or who alleges other CORA violations may apply to the state district court in which the record is located for an appropriate order. The bill also permits the parties in good faith to participate in mediation to resolve their dispute. The bill provides immunity for the disclosure of privileged or confidential information to the mediator. The bill specifies requirements and procedures governing the mediation, including situations where:

  • The party disputing the custodian's decision has chosen not to participate in the mediation before seeking a district court order;
  • The parties participated in mediation but were unable to resolve their dispute without filing a court order; and 
  • The parties did not participate in mediation.

House Bill 1180 - Tuition Assistance for Certificate Programs. Sponsored by Representatives P. Lawrence and F. Winter and Senators A. Kerr and T. Neville. Under the existing tuition assistance program for students enrolled in career and technical education certificate programs (certificate programs), students enrolled in certificate programs may qualify for tuition assistance if they meet the income eligibility requirements for the federal Pell grant program but the certificate program does not meet the Pell grant minimum credit hour requirements. Under the bill, the tuition assistance program is available to students who are enrolled in certificate programs that do not meet the minimum credit hour requirements for the federal Pell grant program and who meet an income eligibility standard set by the Colorado commission on higher education. The bill clarifies that tuition assistance means money a student may use to pay for tuition, fees, and course materials.

House Bill 1181 - Required State Assessment for Ninth-Grade Students. Sponsored by Representatives B. Petterson and P. Lundeed and Senators N. Todd and K. Priola. Under existing law, each local education provider must administer the state assessments in math and English language arts to ninth-grade students and must administer a state-selected assessment to tenth-grade students. The bill repeals the requirement to administer the state assessment to ninth-grade students. Instead, local education providers must administer a state-selected ninth-grade assessment that is aligned with the ninth-grade content standards and the assessment administered to tenth-grade students. The department of education must ensure that, under the testing schedule, ninth-grade students take the state-selected assessment in the spring semester.

House Bill 1183 - Mental Health Professional Disclosures Repeal Effect Clause. Sponsored by Representative M. Foote and Senator R. Gardner. In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision.

House Bill 1184 - Modern Technology Education in Public Schools. Sponsored by Representative C. Duran and Senator K. Grantham. Under current law, the state board of education (state board) must, by July 1, 2018, review and revise, as necessary, the state academic standards. The bill directs the state board, in the course of revising the academic standards, to incorporate into the standards for each subject skills relating to the use of information and communications technologies to find, evaluate, create, and communicate information. The bill directs the department of education (department) to create a publicly available resource bank of materials pertaining to computer science programs, including model standards, samples of curricula, and materials for professional educator development. The department must work with experts in creating and compiling the information. The resource bank is to be available by July 1, 2018. Each school district, charter school, and board of cooperative services may choose whether to provide computer science courses and whether to use the materials in the resource bank. In addition, the bill creates a grant program in the department that awards grants that will enable a teacher or teachers in a school district to teach computer science courses. The bill defines computer science education. A school district may apply for a grant on behalf of a teacher or teachers. The grant may be used for tuition, fees, training program costs, and books for postsecondary computer science coursework that leads to mastery in a computer science content area, computer science training programs, computer science degrees, or industry-recognized certificates in computer science. A grant may also be awarded to the school district for high-quality training programs offered to teachers in the district that enable those teachers to teach computer science courses. The department will administer the grant program pursuant to rules adopted by the state board relating to the application process, the amount and duration of the grants, and the uses of the grant money. The department will accept and review grant applications and make recommendations to the state board concerning the award of grants. In awarding grants, the state board may give priority to school districts that meet certain qualifications specified in the bill. If money is appropriated for the grant program, the state board shall award grants pursuant to the program rules. The department shall report annually to the education committees of the general assembly concerning the implementation of the grant program.

House Bill 1194 - Technical Changes for P-Tech Schools. Sponsored by Representative M. Foote and Senator J. Cooke. The bill amends the definition of a pathway in technology early college (p-tech) high school to include a p-tech program that operates within a host school. In addition, in applying school accreditation requirements and reporting graduation rates, a p-tech student is counted as a high school graduate in the year in which the student completes the local education provider's or host school's minimum high school graduation requirements. A p-tech school or the host school shall notify the department of education prior to a p-tech student's twelfth-grade year if the student will be enrolled in the p-tech school for grades 13 or 14.

House Bill 1201 - Science Technology Engineering Math Diploma Endorsement. Sponsored by Representative J. Coleman and Senators K. Priola and R. Zenzinger. The bill authorizes a school district, board of cooperative services, or institute charter high school (local education provider) to grant a high school diploma endorsement in science, technology, engineering, and mathematics (STEM) to students who demonstrate mastery in STEM. To obtain the endorsement, a student must complete the high school graduation requirements at a high level of proficiency, complete 12 credit hours in STEM courses, achieve a minimum score specified in the bill on one of several specified mathematics assessments, and successfully complete a final capstone project. To successfully complete the capstone project, the student must achieve a high proficiency level of mastery, as set by the local education provider, for each of the competencies specified in the bill. The local education provider is required to work with STEM-related business and industrial leaders and institutions of higher education in setting the high proficiency levels of mastery. The local education provider must annually notify students and their parents beginning in sixth grade of the requirements for obtaining a STEM diploma endorsement.

House Bill 1204 - Juvenile Delinquency Record Expungement. Sponsored by Representative P. Lee and Senator J. Cooke. Under current law, there is limited access to juvenile delinquency records. The bill restricts that access by making certain records public only after a court orders that a child be charged as an adult, consistent with recent changes to the direct file statute, and by eliminating the requirement that the prosecuting attorney notify the school principal of minor offenses. The bill also ensures that the juvenile and his or her attorney can access the juvenile's records, and that juvenile record information is available to agencies that require the information for research purposes, with protections against the disclosure of identifying information. Under current law, a juvenile or someone on the juvenile's behalf must petition, after an applicable waiting period of one to 5 years, for expungement. The bill requires the court to automatically expunge records in certain situations. In some situations, the juvenile must still petition for expungement. Records will be expunged immediately upon: 

  • A finding of not guilty at an adjudicatory trial;
  • Dismissal of the entire case;
  • The completion of a sentence for a municipal offense; and
  • The completion of a juvenile sentence for a petty offense or a class 2 or class 3 misdemeanor that is not a sex offense or does not involve domestic violence.

Records will be eligible for expungement upon the completion of a juvenile sentence when the juvenile has a class 1 misdemeanor or a misdemeanor involving domestic violence; or the dismissal after completion of juvenile diversion, a deferred adjudication, or an informal adjustment; or the adjudication of a first-time felony and the adjudicated felony is not a crime of violence, is not an offense involving unlawful sexual behavior, and is not a class 1 or class 2 felony. The court sends a notice to the prosecuting attorney that the records are eligible for expungement. The prosecuting attorney shall notify the victim, and the victim and the prosecuting attorney have the right to object to the expungement. If there is no objection, the court enters an expungement order. If there is an objection, the court holds a hearing to determine if the juvenile is sufficiently rehabilitated and whether expungement is in the best interest of the juvenile and the community. All other juveniles must file a petition to request expungement after an applicable waiting period. Records will be eligible for expungement one year after a law enforcement contact that did not result in a referral to another agency. Records will be eligible for expungement one year from the date of the completion of a juvenile sentence if the juvenile was not adjudicated a repeat, mandatory, aggravated, or violent juvenile offender. After the petition is filed, the court shall hold a hearing, and the court shall grant expungement if it finds that the juvenile has been rehabilitated and that expungement is in the best interest of the juvenile and the community. A person who is adjudicated as a repeat or mandatory offender, violent juvenile offender, or aggravated juvenile offender; adjudicated for homicide or vehicular homicide as a juvenile offender; or adjudicated for a felony offense involving unlawful sexual behavior is not eligible for expungement. The bill requires written notice of the right to expungement and of the expungement process to the juvenile.

House Bill 1207 - No Detention Facility Requirement Youth Ages 10–12. Sponsored by Representative P. Lee and Senator K. Priola. The bill creates provisions that remove the requirements for the department of human services to receive, detain, or provide care for any juvenile who is 10 years of age and older but less than 13 years of age, unless the juvenile has been arrested or adjudicated for a felony or a weapons charge that is a misdemeanor or felony. Provisions remain in statute for other programs and services for the age group that will no longer require placement of the juvenile in a detention facility.

House Bill 1211 - Educators Professional Development Discipline Strategies. Sponsored by Representative J. Coleman and Senator K. Priola. The bill creates the discipline strategies pilot program (pilot program) to provide money to school districts, boards of cooperative services, and charter schools for professional development for educators in the use of culturally responsive methods of student discipline for students enrolled in preschool through third grade and developmentally appropriate responses to the behavioral issues of students enrolled in preschool through third grade. The department of education (department) and the state board of education (state board) must implement the pilot program by reviewing applications, awarding grants, and preparing a report concerning implementation of the pilot program, including its success in reducing the use of exclusionary discipline practices. The department must submit the report to the state board, the joint budget committee, and the education committees of the general assembly. The pilot program must be paid for exclusively with gifts, grants, and donations, and the department and the state board are not required to implement the pilot program in a year in which they do not receive a sufficient amount in gifts, grants, and donations.

House Bill 1216 - Sales and Use Tax Simplification Task Force. Sponsored by Representatives T. Kraft-Tharp and L. Sias and Senators C. Jahn and T. Neville. The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is: 

  • Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals;
  • Subject to sunset review in 3 years; and 
  • Required to make an annual report to the legislative council that may or may not include recommendations for legislation.

House Bill 1229 - Workers' Compensation For Mental Impairment. Sponsored by Representatives J. Becker and J. Singer and Senators N. Todd and J. Cooke. The bill adds the definitions psychologically traumatic event and serious bodily injury to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.

House Bill 1231 - Market Conduct Examinations Insurance Companies. Sponsored by Representatives P. Lawrence and J. Arndt and Senators J. Tate and J. Smallwood. Under current law, the commissioner of insurance (commissioner) is authorized to conduct financial examinations and market conduct examinations of companies engaged in the insurance business in Colorado. Financial examinations, which the commissioner conducts on every company domiciled in Colorado once every 5 years, are intended to ensure that regulated insurance companies have proper corporate governance and internal controls and are able to pay claims. Market conduct examinations are intended to ensure that regulated insurance companies are complying with applicable laws and rules and that policyholders, providers, and beneficiaries are treated equitably. Statutes pertaining to both financial examinations and market conduct examinations are intertwined and, in some cases, overlap and conflict. Because of the repeal and relocation of market conduct provisions under sections 2 through 10 of the bill, section 1 of the bill consolidates and relocates provisions that apply generally to the commissioner and the division of insurance (division) regarding confidential treatment of documents the commissioner obtains during an investigation, the subpoena powers of the division, and the commissioner's ability to contract with experts in conducting an investigation. Sections 2 through 10 separate the market conduct examination provisions from the financial examination provisions, repealing and relocating the market conduct examination provisions to a separate part and more clearly delineating the scope and functions of the 2 distinct types of examinations conducted by the commissioner. With regard to market conduct reviews, section 10 also uses the term market conduct surveillance and specifies the types of activities that includes, such as market analysis, interrogatories, and market conduct examinations. Sections 11 through 16 make conforming amendments based on the repeal and relocation of the market conduct examination provisions.

House Bill 1267 - Reporting Requirements by Education Agencies to General Assembly. Sponsored by Representative J. Arndt and Senator D. Moreno. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses the reporting requirements of educational agencies. Sections 4, 5, 13, 19, and 24 of the bill repeal reports that were scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently, there is no repeal date listed in the organic statute. Sections 5 and 13 also add a repeal date in the organic statute that coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I). Sections 1 through 3, 6 through 12, 14 through 18, and 20 through 23 amend the organic statute to continue indefinitely the reporting requirements notwithstanding section 24-1-136 (11)(a)(I).

House Bill 1269 - Repeal Prohibition of Wage Sharing Information. Sponsored by Representatives D. Nordberg and J. Danielson and Senators B. Martinez Humenik and K. Donovan. Current law states that it is a discriminatory and unfair labor practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages, unless otherwise permitted by federal law. Federal law exempts certain limited classes of employers from labor laws. The bill strikes the reference to that exemption and extends the current law to those classes of employers, thereby providing wage transparency protections to all employees. 

House Bill 1271 - Standards for Innovation District Waivers. Sponsored by Representative B. Petterson and Senator K. Priola. Under existing law, if the state board of education (state board) designates a school district as a district of innovation based on the innovation plan the school district submits to the state board, the state board is required to grant any waivers of state statute or rule that are necessary to implement the innovation plan. The waivers remain in places so long as the district remains a district of innovation. Under the bill, the state board must apply the same standard that it applies for waiving statutes and rules for school districts in other circumstances to determine whether to waive statutes or rules for a district of innovation. After granting a waiver, the state board may revoke the waiver if it receives evidence of good and just cause for the revocation, which is the same standard for revoking a waiver granted to a school district in other circumstances.

House Bill 1276 - Restrict Restraints on Public School Students. Sponsored by Representative S. Lontine and Senators R. Fields and R. Gardner. With certain exceptions, the bill prohibits the use of a chemical, mechanical, or prone restraint upon a public school student. Each LEP is required to annually report each documented use of restraint to CDE.  Also requires an LEP to include in its conduct and discipline code information concerning their policies for the use of restraint and seclusion on students, including information concerning the process for filing a complaint regarding the use of restraint or seclusion.

House Bill 1279 - Construction Defect Actions Notice Vote Approval. Sponsored by Representatives A. Garnett and L. Saine and Senators L. Guzman and J. Tate. The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must:

  • Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
  • Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments; and
  • Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

House Bill 1293 - Local Government Officials on Nonprofit Boards. Sponsored by Representative J. Melton and Senator N. Todd. The bill specifies that it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official to serve on the board of directors of a nonprofit entity.

House Bill 1294 - Counting ASCENT Program Students in Graduation Rate. Sponsored by Representative M. Weissman and Senator N. Todd. The bill clarifies that a student who participates in the accelerating students through concurrent enrollment program, which allows the student to remain enrolled as a high school student while concurrently enrolling in postsecondary courses during the school year immediately following the student's twelfth-grade year, is counted in the enrolling school district's or institute charter school's graduation rate in the year in which the student completes the high school graduation requirements.

House Bill 1301 - No Withholding Student Transcripts for Library Fines. Sponsored by Representative D. Michaelson and Senators C. Holbert and R. Fields. The bill removes the authority of a board of education of a school district, a charter school, an institute charter school, and a school operated by a board of cooperative services (local education provider) to withhold records required for enrollment in another school or institution of higher education or a student's grades, transcripts, or diploma for failure to pay any fine or fee assessed by the local education provider, to return or replace textbooks or library resources, or to return other school property. The local education provider shall make reasonable efforts to obtain payment of an assessed fee or fine or payment for lost or damaged textbooks, library resources, or other school property.

House Bill 1302 - Juvenile Sexting Crime. Sponsored by Representatives P. Lee and Y. Willett and Senators R. Fields and R. Gardner. The bill creates the crime of posting private images by a juvenile. The offense prohibits a juvenile from knowingly distributing, displaying, or publishing, through digital or electronic means, a sexually explicit image of himself or herself or of another juvenile to the view of more than one other person or to the view of another person:

  • Without the depicted juvenile's consent; or
  • When the recipient did not solicit or request to be supplied with the image or images and suffered emotional distress; or
  • When the juvenile knew or should have known that the depicted juvenile had a reasonable expectation that the image would remain private.

The bill creates the crime of possessing private images by a juvenile. The offense prohibits a juvenile from possessing a sexually explicit image of another juvenile without the depicted juvenile's consent or after the depicted juvenile rescinds his or her consent. The bill states it is not a violation of either offense if the person was coerced, intimidated, or harassed into committing the offense. A juvenile whose conduct satisfies either offense cannot be charged with sexual exploitation of a child. The bill creates an exception to the offense of sexual exploitation of a child if the person is under 18 years of age and the child is at least 14 years of age or less than 4 years younger than the person unless the person discloses publicly any sexually exploitative material that depicts the child or distributes, displays, or publishes, with the intent to obtain a pecuniary benefit from anyone, sexually exploitative material that depicts the child. The bill states it is not a violation of sexual exploitation of a child if a person under 18 was coerced, intimidated, or harassed into disclosing publicly a sexually exploitative image. The bill requires the school safety resource center to make available a sexting curriculum for school districts to use.

House Bill 1306 - Test Lead in Public Schools' Drinking Water. Sponsored by Representatives T. Exum Sr. and B. McLachlan and Senators D. Coram and K. Donovan. The bill directs the department of public health and environment (department) to establish a grant program to test for lead in public schools' drinking water. The department will give the highest priority to the oldest public elementary schools, then the oldest public schools that are not elementary schools, and then all other public schools. The department may also consider ability to pay in administering the program. The department is directed to use its best efforts to complete all testing and analysis by June 30, 2020. The public school must provide at least 10% local matching funds and give the test results to its local public health agency, its supplier of water, its school board, and the department. The department may use up to $300,000 per year for 3 years for grants beginning on or after July 1, 2017, from the water quality improvement fund if there is money available after fully funding existing programs. The department shall provide 4 annual reports to the general assembly regarding implementation of the grant program, including any legislative proposals that may be warranted. The bill appropriates $440,000 and 1.0 FTE to the department of public health and environment for the implementation of the act.

House Bill 1340 - Legislative Interim Committee on School Finance. Sponsored by Representatives A. Garnett and P. Lundeen and Senators D. Moreno and O. Hill. The bill creates a legislative interim committee to study school finance issues and make legislative recommendations concerning how to most accurately meet the educational needs of students through the funding of education in Colorado. The interim committee will meet during the 2017 and 2018 legislative interims. The bill specifies issues that the interim committee must study. The interim committee is required to contract with a private entity to assist in the study. The chair and vice-chair of the interim committee must appoint a voluntary advisory committee of interested persons.

House Bill 1349 - Assessment Ratio for Residential Real Property. Sponsored by Representatives D. Pabon and K. Van Winkle and Senators L. Court and T. Neville. The bill sets the ratio of valuation for assessment for residential real property at 7.2% for property tax years commencing on and after January 1, 2017, until the next property tax year that the general assembly adjusts this ratio.

House Bill 1357 - Extend Colorado Department Labor Employment Worker Outreach Recruitment Key Grant Program. Sponsored by Representative D. Pabon and Senators A. Williams and J. Cooke. The bill:

  • Extends the duration of the Skilled Worker Outreach, Recruitment, and Key Training Act, also known as the WORK Act, administered by the department of labor and employment through the 2018-19 state fiscal year; and
  • Removes the cap on the amount of money appropriated to the WORK fund that may be expended in a given fiscal year.

House Bill 1359 - CDE Colorado Department of Education Positions Exempt from State Personnel System. Sponsored by Representative D. Young and Senator R. Gardner. Current statutory law provides the state board of education (board) with the discretion to exempt some positions in the department of education (department) from the state personnel system if the positions are determined by the board to be director, consultant, supervisor, or instructor positions. The bill authorizes the board to delegate the authority to make these determinations. The bill specifies that any employee holding a position determined by the board or its designee to be a director, a consultant, a supervisor, or an instructor position on or before September 1, 2017, remains exempt from the state personnel system so long as the employee continues to hold that position. The board or its designee is required to determine which positions in the department meet the criteria to be exempt from the state personnel system; except that the board may not determine that a position is exempt while it is held by an employee in the state personnel system. On or before December 31 of each year, the commissioner of education is required to submit a report to the state personnel director listing all positions in the department that are exempt, pursuant to the board's statutory authority, from the state personnel system. 

House Bill 1375 - Distributing Mill Levy Override Revenue to Schools. Sponsored by Representatives B. Petterson and L. Sias and Senators A. Williams and O. Hill. Beginning in the 2019–2020 budget year, the bill requires school districts that collect revenue from mill levies in addition to the total program mill levy and that authorize an innovation school or a charter school to:

  • Adopt a plan for distributing the revenue to the schools of the school district for the benefit of the students enrolled in the school district; or
  • Distribute 95 percent of the per-pupil amount of the revenue to the innovation schools and charter schools of the school district (per pupil distribution). 

The bill specifies the requirements for the plan and requirements that apply if the school district makes a per-pupil distribution. In adopting a plan or making a per-pupil distribution, the school district may distribute a portion of the revenue specifically for specified underserved populations. If a school district is distributing a portion of the mill levy revenue to the charter schools or innovation schools of the school district during the 2016–2017 budget year, it must maintain the same distribution amount for the 2017–2018 and 2018–2019 budget years. By July 1, 2018, each school district that chooses to adopt a plan must post the plan on the school district's website. If the school district chooses to distribute 95 percent of the per-pupil amount, the school district must post a notice of such intent by July 1, 2018, and, starting July 1, 2019, must post the amount received in revenue, the amount distributed for underserved populations, and the amount distributed to each charter school and each innovation school. Commencing July 1, 2018, the charter school institute and each school district, board of cooperative services, and charter school must post on its website a link to certain federal tax forms and schedules filed by the institute, school district, board of cooperative services, or charter school. Commencing July 1, 2017, each school district and each charter school must post a list of the waivers of state statute that it has received and, for each nonautomatic waiver, the plan for meeting the intent of the statute. The department of education, the state charter school institute, and a statewide association of charter schools must create a standardized description of each of the statutes for which the state board of education grants an automatic waiver and the rationale for granting the automatic waiver. Starting July 1, 2018, each charter school must post the description and rationale for each of the automatic waivers it is invoking. The bill creates the mill levy equalization fund, consisting of such money as the general assembly may appropriate to it, to provide additional funding for institute charter schools.

Defeated Senate Legislation

Senate Bill 005 - Handgun Safety Training for School Employees

Senate Bill 006 - Concealed Carry for Military Under 21 Years of Age

Senate Bill 009 - Business Personal Property Tax Exemption

Senate Bill 029 - Funding for Full-Day Kindergarten

Senate Bill 039 - Education Income Tax Credits for Nonpublic School

Senate Bill 055 - Prohibit Discrimination Labor Union Participation

Senate Bill 057 - Colorado Healthcare Affordability and Sustainability Enterprise

Senate Bill 061 - Additional Funding Charter School Operating Costs

Senate Bill 067 - Educator Effectiveness 50% Student Academic Growth

Senate Bill 070 - Certify Authorizers of Multi-District Online Schools

Senate Bill 101 - 9th and 10th Grade Assessments in Public Schools

Senate Bill 102 - Prohibit Use of Certain Student Personal Information

Senate Bill 107 - Reward Access to Arts Education in Public Schools

Senate Bill 113 - Cap Employer Contribution Rates for PERA Public Employees' Retirement Association Employers

Senate Bill 114 - Accountability for School Districts and Schools

Senate Bill 116 - Concealed Handgun Carry Without a Permit

Senate Bill 119 - Restoration of School District Mill Levies

Senate Bill 131 - Uniform Wage Garnishment Act

Senate Bill 158 - Modify Composition of PERA Public Employees' Retirement Association Board of Trustees

Senate Bill 200 - Reward Excellence with Annual Redirected Dollars

Senate Bill 205 - Multimodal Transportation Infrastructure Funding

Senate Bill 250 - Student Exemption from Immunization Requirements

Senate Bill 290 - Engineer Excavator Stamp Plan Underground Facility

Senate Bill 303 - State Highway System Funding and Financing

Defeated House Legislation

House Bill 1001 - Employee Leave Attend Child's Academic Activities

House Bill 1007 - Tax Benefit Employer CollegeInvest Contribution

House Bill 1013 - Free Exercise of Religion

House Bill 1022 - Teaching Competent History in Public Schools

House Bill 1029 - Open Records Subject to Inspection Denial

House Bill 1036 - Concealed Carry in Public Schools

House Bill 1038 - Prohibit Corporal Punishment of Children

House Bill 1042 - Increasing Funding for Full-Day Kindergarten

House Bill 1062 - Making Certain State Assessments Optional

House Bill 1063 - Reduce Business Personal Property Taxes

House Bill 1064 - Misuse of Electronic Images by a Juvenile

House Bill 1069 - Subcommittee on Data Privacy

House Bill 1089 - Parent Choice in Low-Performing School Districts

House Bill 1100 - Owner Tax Obligation For District Voter Eligibility

House Bill 1112 - Immunity Unauthorized Practice of Profession

House Bill 1114 - State Treasurer's Authority to Access PERA Public Employees' Retirement Association Information

House Bill 1117 - Repeal Assessments in 9th Grade and Social Studies

House Bill 1118 - Exempt State from Daylight Saving Time

House Bill 1134 - Hold Colorado Government Accountable Sanctuary Jurisdictions

House Bill 1146 - Parents' Rights Related to Minors

House Bill 1161 - TIF Tax Increment Financing Transparency

House Bill 1171 - Authorize New Transportation Revenue Anticipation Notes

House Bill 1178 - Administrative Flexibility for School Districts

House Bill 1182 - Charter SChool and District Student Revenue True Up

House Bill 1187 - Change Excess State Revenues Cap Growth Factor

House Bill 1210 - School Discipline for Preschool Through Second Grade

House Bill 1226 - Make Daylight Saving Time Year-Round Standard Time

House Bill 1230 - Protect Colorado Residents from Federal Government Overreach

House Bill 1237 - State Employee Group Benefit Plans for Local Government

House Bill 1242 - New Transportation Infrastructure Funding Revenue

House Bill 1256 - Oil and Gas Facilities Distance from School Property

House Bill 1287 - Achieving a Vision for Education in Colorado

House Bill 1305 - Limits on Job Applicant Criminal History Inquiries

House Bill 1324 - Educational Opportunity Tax Incentives

House Bill 1339 - Colorado Energy Impact Assistance Act

House Bill 1344 - Innovative Teacher Preparation Pilot Programs

House Bill 1345 - Retail Marijuana Sales Tax Rate 

House Bill 1347 - Transfer Student Threat and Suicide Assessment Documents

House Bill 1352 - Regulate Student Education Loan Servicers

House Bill 1362 - Plan for Addressing Statewide Infrastructure Needs

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