| Bill # | Short Title | Sponsors | Bill Summary | Most Recent Status | Calendar Notification | News Links |
| HB13-1001 | Advanced Industries Acceleration Act | YOUNG / HEATH | The bill creates the advanced industries acceleration grant program (program) in the Colorado office of economic development (office). The following industries are defined to be advanced industries: Advanced manufacturing, aerospace, bioscience, electronics, energy and natural resources, infrastructure engineering, and information technology. The program includes the following types of grants: * A proof-of-concept grant for an advanced industry research project to an eligible office of technology transfer; * An early-stage capital and retention grant to an eligible company for the purpose of accelerating the commercialization of advanced industry products or services to be manufactured or performed in the state; and * An infrastructure grant for an advanced industry project that builds or utilizes infrastructure to support or enhance the commercialization of advanced industry products or services or that contributes to the development of an advanced industry workforce. Each type of grant has its own eligibility requirements, preferences, and maximum grant amounts. If an applicant qualifies for a preference, the maximum grant amounts do not apply. All grant applicants are required to identify the anticipated number of jobs created or retained in the state, capital invested or attracted in the state, and any other economic impacts that may result from the grant. The program absorbs the bioscience discovery evaluation grant program and the clean technology discovery evaluation grant program, which are both repealed in the bill. In administering the program, the office is required to: * Consult with the economic development commission about all of the potential grants and monetary incentives that a grant applicant is eligible for; * Consult with Colorado-based advanced industries or representatives from advanced industries about the program; * Require a minimum amount of grant moneys for bioscience and clean technology projects and companies, which is based on existing funding from the repealed programs that provide grants for those industries; and * Annually report to legislative committees about the program. All program grants are made from the advanced industries acceleration cash fund. The fund consists of moneys transferred from the bioscience discovery evaluation cash fund prior to the fund's repeal; limited gaming moneys that were previously used in the bioscience discovery evaluation grant program; income tax withholdings that were to be split between the bioscience discovery evaluation grant program and the clean technology discovery evaluation grant program; gifts, grants, or donations; and any moneys that the general assembly appropriates to the fund. | 5/16/2013 05/16/2013 Governor action - signed | Wednesday, May 8 2013 CONSIDERATION OF SENATE AMENDMENTS TO HOUSE (1) in house calendar. | No news items found |
| HB13-1025 | Deductible Workers' Compensation Insurance | SWALM / JAHN | Current workers' compensation law allows employers a deductible of up to $5,000 in a workers' compensation policy. This bill increases the amount of the authorized deductible up to the amount of the workers' compensation insurance rate split point approved by the commissioner of insurance. | 4/26/2013 04/26/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| HB13-1037 | Cost Of Providing Public Records Under CORA | SALAZAR | In determining the fee that a custodian of public records is authorized to impose under the "Colorado Open Records Act" (CORA) for the copying of a public record, the bill provides that the fee may not exceed the actual costs of providing the copy in accordance with existing law as well as an amount representing any additional actual costs necessarily incurred by the custodian in complying with the request as long as any such additional component of the fee is a nominal amount. In connection with any such additional component of the fee as specified in the bill, the following additional requirements apply: * A custodian is required to use the least expensive means available to him or her in responding to a request for copying of a public record under CORA; * No copying fee imposed under CORA may reflect time spent by the custodian in determining whether the public record at issue is subject to inspection or copying under the act; and * No fee imposed under CORA may reflect time spent by a public employee in responding to the request for inspection or copying of a public record if the public employee already receives an hourly wage or other form of compensation for responding to requests for inspection or copying under the act. | 1/30/2013 01/30/2013 House Committee on Local Government Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1041 | Procedures For Transmission Of Records Under CORA | PETTERSEN / KEFALAS | Upon request by a person seeking a copy of any public record for which a right to inspection exists under the "Colorado Open Records Act" (CORA), the records custodian must transmit a copy of the record by United States mail or by any other practicable means of delivery. No fees related to transmission may be charged to the record requester for transmitting public records via electronic mail. The custodian shall notify the record requester that a copy of the record is available but will only be sent to the requester once the custodian receives payment for postage if the copy is transmitted by United States mail, or payment for the cost of delivery if the copy is transmitted other than by United States mail, and payment for any other supplies used in the mailing, delivery, or transmission of the record and for all other costs associated with producing the record. Upon receiving such payment, the custodian shall send the record to the requester as soon as practicable but no more than 3 business days after receipt of such payment. | 3/8/2013 03/08/2013 Governor Action - Signed | NOT ON CALENDAR | Colorado open-records change heads to Gov. Hickenlooper |
| HB13-1044 | Authorize Graywater Use | FISCHER / SCHWARTZ | Current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as that portion of wastewater that, before being treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses authorized by the water quality control commission (commission) in the department of public health and environment. Sources of graywater may include discharges from bathroom and laundry room sinks, bathtubs, showers, and laundry machines, as well as water from other sources authorized by rules promulgated by the commission. Graywater does not include wastewater from toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission. Section 2 also defines "graywater treatment works". Section 3 authorizes the commission to establish minimum statewide requirements, standards, and prohibitions. Graywater may only be used: * In accordance with the terms and conditions of applicable decrees or well permits for source water rights or source water and any return flows therefrom; * In accordance with all federal, state, and local requirements; and * If a local government adopts a resolution or ordinance authorizing its use. Sections 4 and 5 give counties and municipalities the discretion to authorize graywater use and the exclusive authority to enforce compliance with their graywater use resolutions and ordinances. Section 6 authorizes the board of any groundwater management district to adopt rules restricting the use of graywater treatment works. Section 6 also permits a person using a small capacity well within a designated basin to use graywater, subject to the limitations on use contained in the well permit. Sections 7, 8, and 10 authorize a person withdrawing water from a well to use graywater, subject to the limitations on use contained in the well permit or, if applicable, in an approved replacement plan or a decreed plan of augmentation. Section 9 concerns graywater use by water users served by a municipality's or water district's water supplies. The graywater must be used for purposes that are permissible under the municipality's or water district's water rights. Such use of graywater is not reuse and is deemed not to cause injury. | 5/16/2013 05/16/2013 Governor action - signed | NOT ON CALENDAR | No news items found |
| HB13-1068 | On-site Inspections Of Medicaid Providers | YOUNG / ROBERTS | 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. | 4/8/2013 04/08/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| HB13-1089 | Academic Freedom Acts | HUMPHREY / RENFROE | The bill creates an "Academic Freedom Act" (act) for both K-12 public schools and institutions of higher education in the state of Colorado (act). The provisions of the acts direct teachers to create an environment that encourages students to intelligently and respectfully explore scientific questions and learn about scientific evidence related to biological and chemical evolution, global warming, and human cloning. The acts direct that the department of education and the Colorado commission on higher education notify all school districts and institutions of higher education of the provisions of their respective act by the beginning of the 2013-2014 school year and that the school districts and institutions of higher education shall disseminate that information to their employees. | 2/4/2013 02/04/2013 House Committee on Education Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1090 | Construction Contractor Subcontractor Prompt Pay | FISCHER / TOCHTROP | The bill sets the following requirements for both private and public construction contracts: * The owner and contractor must make regular progress payments approximately every 30 days to contractors and subcontractors for work actually performed. * To receive the progress payments, the contractor and subcontractor must submit a progress payment invoice plus any required documents. * A contractor must pass on the progress payment to the subcontractor within 5 days or by the end of the billing cycle. * Interest accrues on unpaid progress payments. * A contract may extend a billing cycle to 60 days, but the contract must duly warn of this. * An owner or contractor may only retain 5% of each progress payment to ensure work is done properly. * If a subcontractor's work is done before the whole project is done, the subcontractor may apply to be paid the retained 5%. The owner and contractor must pay the retainage if the work is done correctly and the subcontractor gives waivers and the proper documents. * A person who retains from a payment must give the contractor or subcontractor a chance to cure the default. * The owner and contractor must pay for changes made to the contract. If they cannot agree on the price, the person doing the work may bill monthly at cost plus 15% or terminate performance. * A contractor or subcontractor is authorized to suspend performance after 15 days notice if the owner or contractor fails to make progress payments. * After suspending performance, the contractor or subcontractor is obliged to resume work after being paid for the work and reasonable costs and interest. * A contractor or subcontractor may not suspend performance if the failure to make a payment is due to a failure of the contractor or subcontractor or a dispute about the construction. The bill voids any provision in a construction contract that does not comply with these requirements. | 2/28/2013 02/28/2013 House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1098 | Colorado Mandatory E-verify Act | SWALM / HARVEY | Current law requires employers in Colorado to examine the legal work status of newly hired employees, within 20 days after hiring, using paper-based forms of identification. The bill will instead require all employers, upon hiring a new employee on or after January 1, 2014, to participate in the federal electronic verification program (e-verify program) to determine the work eligibility status of newly hired employees. Employers must retain a written or electronic copy of the employment eligibility information received through the e-verify program regarding each newly hired employee, and the director of the division of labor in the department of labor and employment (department) may review employers' documentation and conduct random audits of employers to ensure compliance. An employer is subject to a fine of up to $5,000 for a first offense and up to $25,000 for a second offense if the employer, with reckless disregard: * Fails to submit the required documentation to the director; * Submits false or fraudulent documentation; or * Fails to participate in the e-verify program. For any subsequent offense, the employer is subject to a fine of up to $25,000 and a suspension of all the employer's business licenses for up to 6 months. The bill also requires the department, as part of its quarterly electronic publication to all employers in the state, to notify employers of the requirements of the bill and to include a link to its web site, on which a permanent notice must be posted detailing the requirements of the bill and instructions for enrolling in the e-verify program. The secretary of state's web site must also include information regarding the requirements of the bill and the penalties for noncompliance. The bill takes effect January 1, 2014. | 2/11/2013 02/11/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1106 | Prohibit Discrimination Labor Union Participation | EVERETT | The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void. The bill creates civil and criminal penalties for violations and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices. | 2/11/2013 02/11/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1122 | Incentive Well Sev Tax Holiday & Higher Ed Funding | SCOTT | For 2 years beginning on July 1, 2013, the bill exempts oil and gas from a well that begins production during the 2-year exemption period (incentive well) from the severance tax. At the end of the exemption period, the oil and gas produced from an incentive well is subject to the severance tax, but the tax associated with the incentive well is not distributed in the same manner as the revenue from other wells. Instead, this revenue is deposited in the college opportunity fund. | 2/11/2013 02/11/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1147 | Voter Registration At Public Higher Ed Institution | MELTON / NEWELL | The bill requires a state institution of higher education (institution) to provide its students, when a student registers at the institution for the first time, the opportunity to apply for voter registration as follows: * For a student who is registering electronically at the institution and who is eligible to register to vote on-line, the institution must give him or her the option of registering electronically using the web site maintained by the secretary of state. * For any student registering at the institution in person or any student ineligible to register to vote electronically, the institution must provide him or her a voter registration application. After the student completes the application, an authorized employee of the institution must forward the application to the county clerk and recorder for the county in which the student resides. The county clerk and recorder determines whether the application is complete. If so, the applicant is deemed registered. If not, the clerk and recorder must so notify the applicant. The higher education commission and the secretary of state are directed to jointly develop a voter registration application for in-person voter registration applications. | 4/18/2013 04/18/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| HB13-1151 | Sales & Use Tax Holiday For Higher Ed Textbooks | MORENO / KEFALAS | 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. | 2/22/2013 02/22/2013 House Committee on Finance Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1194 | In-state Tuition For Military Dependants | EVERETT / MARBLE | Current law authorizes a dependant of a service member to receive in-state tuition at a Colorado public institution of higher education (Colorado college) if the service member was stationed in Colorado during the dependant's last year of high school and the dependant enrolled in a Colorado college within 12 months after graduating from a high school in Colorado. The bill extends in-state tuition to all dependants, including spouses, of service members. | 5/28/2013 05/28/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| HB13-1222 | Family Care Act Family Medical Leave Eligibility | PENISTON / ULIBARRI | 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. | 5/3/2013 05/03/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| HB13-1226 | No Concealed Carry At Colleges | LEVY / HEATH | Under current law, a person who possesses a valid permit to carry a concealed handgun (permit) may do so in all areas of the state, with certain exceptions. The bill creates a new exception stating that a permit does not authorize a permit holder to possess a concealed handgun: * In any building or structure, or any portion thereof, that is used by a public institution of higher education for any purpose; * In any stadium or arena that is used by a public institution of higher education to host events, including but not limited to athletic and extracurricular events and graduation ceremonies; or * At an outdoor, institution-sponsored event on the campus of the institution at which the chief administrator of the institution's campus, in consultation with the chief officer of the institution's campus safety agency, has elected to prohibit the carrying of firearms. A permit holder who is employed or retained by contract by a public institution of higher education as a security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of the public institution of higher education while the permittee is on duty. | 3/8/2013 03/08/2013 Senate Second Reading Laid Over to 05/10/2013 | NOT ON CALENDAR | No news items found |
| HB13-1292 | Keep Jobs In Colorado Act | LEE / KERR | Colorado hiring on public works projects. Current law requires a contractor to use at least 80% Colorado labor for any public works contract that is financed in whole or in part by state, county, school district, or municipal moneys (Colorado labor requirement). Any violation of the Colorado labor requirement is currently a misdemeanor punishable by fine, imprisonment in county jail, or both. Current law does not specifically require any state entity to enforce the Colorado labor requirement. The bill repeals the existing criminal penalties and directs the department of labor and employment (CDLE) to enforce the Colorado labor requirement. In connection with its enforcement duties, CDLE is required to receive complaints about potential violations of the Colorado labor requirement, investigate such complaints, and impose fines for violations. If a contractor has violated the Colorado labor requirements multiple times, the executive director of CDLE may, in his or her discretion, initiate proceedings to debar the contractor. The general assembly is required to appropriate any revenue from the fines collected by CDLE to CDLE to be used for its enforcement of the Colorado labor requirements. The bill specifies that the Colorado labor requirement applies to each construction phase of the public works project separately. The governmental body financing a public works project may waive the Colorado labor requirement for a specific type or class of labor for a construction phase of a public works project if there is reasonable evidence to demonstrate insufficient Colorado labor in a specific type or class of labor to perform the work of that construction phase of the project. Compliance with the requirements of the Colorado labor requirement will be calculated on the total taxable wages and fringe benefits, minus any per diem payments, paid to workers employed directly on the site of the project and who satisfy the definition of Colorado labor. Nonresident bidder reciprocity. Colorado is one of many states that requires reciprocal treatment for a non-resident bidder who is from a state that offers a preference for resident bidders of that state (non-resident bidder reciprocity). Current law does not require any state entity to enforce the nonresident bidder reciprocity requirements. The bill clarifies the current nonresident bidder reciprocity law by specifying that in any bidding process for public works in which a bid is received from a nonresident bidder who is from a state that provides a percentage bidding preference, a comparable percentage disadvantage shall be applied to the bid of that bidder. The department of personnel (DPA) is required to determine which states provide a bidding preference on public works contracts for their resident bidders and to submit a report to the general assembly that includes the list as well as recommendations for the implementation and enforcement of the nonresident bidder reciprocity law. In addition, the bill requires that any request for proposals issued by a state agency or political subdivision of the state include notice of Colorado's nonresident bidder reciprocity law. Competitive sealed best value bidding for construction contracts for public projects. Currently, construction contracts for public projects are awarded through competitive sealed bidding. The bill creates a competitive sealed best value bidding process and authorizes construction contracts to be awarded either through the existing competitive sealed bidding process or the new competitive sealed best value bidding process. The bill requires a contract under competitive sealed best value bidding to be solicited through an invitation for bids that identifies the evaluation factors upon which the award shall be based. The bill specifies certain evaluation factors to be included in the bids. A contract shall be awarded to the bidder whose bid is determined in writing to be the most advantageous to the state and that represents the best overall value to the state, taking into consideration the price and other evaluation factors set forth in the invitation for bids. The bill requires the executive director of a governmental agency or the president of an institution of higher education (institution), as applicable, that enters into a construction contract for a public project to disclose to the public the agency or institution's rationale for selecting the competitive sealed bidding process, the competitive sealed best value bidding process, or the integrated project delivery process, which also currently exists in law, as applicable. The agency or institution is required to post the disclosure on its web site. Disclosure of outsourcing contract duties by vendor. Current law requires any prospective vendor for a contract from the state for services to disclose where services will be performed under the contract, including subcontracts, and whether any services under the contract or subcontract are anticipated to be performed outside the state or the United States. The bill modifies current law by requiring prospective vendors to make this disclosure for subcontracts only. In addition, the bill requires each contract entered into or renewed by a governmental body to contain a clause that requires the vendor to provide written notice to the governmental body if the vendor decides, after the contract is awarded, to subcontract any part of the contract to a subcontractor that will perform such duties in a location outside the state or the United States. The notice must include the specific duties that will be outsourced and the reason for the outsourcing. The governmental body is required to provide the written notice from a vendor to the director of DPA (director), and the director is required to post the notice on the official web site of DPA. If a vendor fails to notify the governmental body that is a party to the contract of outsourcing, the governmental body may, in its discretion, void the contract. Outsourcing of certain contract duties by governmental body prohibited. The bill prohibits a governmental body from awarding a contract to a vendor outside the United States that will perform the direct labor necessitated by the contract outside the United States. Direct labor includes labor that is required to be performed under a contract when the governmental body has a direct business relationship with the vendor performing the contract. It does not include computer systems, including hardware and software, that is not specifically designed pursuant to the terms of the contract. Each prospective vendor that submits a bid or proposal to a governmental body is required to certify that the direct labor covered by the bid or proposal will be performed in the United States. A governmental body may submit to the director written request for a waiver of the direct labor requirements. A governmental body shall include in its written waiver request findings of one or more specified circumstances to justify the need for a waiver. The director is required to post information regarding any waiver allowed on the official web site of DPA, periodically analyze the direct labor services for which waivers are granted to a governmental body, and work with governmental bodies to facilitate the performance of such outsourced direct labor services within the United States for future contracts. Disclose use of foreign-produced iron, steel, and related manufactured goods. The bill requires the contractor for any public buildings or public works project that is funded in whole or in part by state moneys and that costs more than $500,000 to disclose to DPA the 5 most costly goods incorporated into the contract. The bill specifies that, in the case of an iron or steel product, all manufacturing must take place in the United States, and in the case of a manufactured good, a good will be considered manufactured in the United States if all of the manufacturing processes for the final product take place in the United States. In order for a manufactured good to be considered subject to disclosure, the product must be manufactured predominantly of steel or iron. DPA is required to develop and maintain a list of the 5 most costly goods that are incorporated into each contract and that are not produced in the United States, as disclosed to DPA. Public utilities commission consideration of best value metrics in request for proposal process. Currently, the public utilities commission is required to consider certain best value employment metrics when it evaluates electric resource acquisitions. The bill requires that the public utilities commission also consider the best value employment metrics in connection with requests for a certificate of convenience and necessity for construction or expansion of generating facilities, including pollution control or fuel conservation upgrades and conversion of existing coal-fired plants to natural gas plants. | 5/25/2013 05/25/2013 Governor action - signed | NOT ON CALENDAR | No news items found |
| HB13-1310 | Pharmacy Intern Definition Repeal | MAY / HODGE | Under the pharmacy practice act, an intern is permitted to practice a limited scope of pharmacy under the supervision of a licensed pharmacist while progressing toward full licensure. An intern is defined to include a person who is licensed as a pharmacist in this or another state and in good standing, and is making the clinical rotations of the nontraditional pharmacy program at the university of Colorado or other board-approved program. The bill deletes this portion from the definition of "intern". | 5/28/2013 05/28/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| HB13-1313 | Local Public Bodies & Executive Session | PENISTON / HODGE | Under current law, the minutes of a meeting of a local public body during which an executive session is held are required to reflect the topic of the discussion at the executive session. The bill additionally requires the minutes to reflect the amount of time each topic was discussed. Under current law, if, in the opinion of the attorney who is representing the local public body and who is in attendance at an executive session that has been properly announced, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording of the part of the discussion that constitutes a privileged attorney-client communication may be made. The bill deletes this requirement. Accordingly, under the bill, discussions occurring in an executive session of such body that must be electronically recorded include all or any part of the executive session that is claimed by the attorney representing the local public body either to constitute a privileged attorney-client communication or to be subject to protection as trial preparation material. The bill additionally requires a local public body to maintain a privilege log that will allow identification of each portion of the executive session as to which the claim of privileged attorney-client communication or right to protection as trial preparation material is made. The privilege log is required to describe the nature of the communications not disclosed, and the approximate time in the executive session during which the communications not disclosed were discussed, in such manner that, without revealing information itself privileged or protected, other parties are enabled to assess the applicability of the privilege or right to protection. The bill further permits the local public body to make a separate recording of that portion of the executive session as to which the claim of privileged attorney-client communication or right to protection as trial preparation material is made. Where a local public body claims through its attorney that all or any portion of the record of the executive session of such body either constitutes a privileged attorney-client communication or is subject to protection as trial preparation material, any member of the local public body may apply to a court for the determination of the validity of the claim of privilege or protection in accordance with the Colorado rules of civil procedure and related court procedures for addressing such claims. Upon a determination by the court that all or any portion of the record either constitutes a privileged attorney-client communication or is subject to protection as trial-preparation material, the privileged communication or protected material is not subject to public inspection so long as the privilege or right of protection continues to apply. | 4/24/2013 04/24/2013 House Committee on Local Government Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| HB13-1315 | Higher Ed Undergrad Student Health Ins Requirement | FISCHER / KEFALAS | Under current law, the governing board of an institution of higher education may not require an undergraduate student to purchase health care insurance. The bill repeals this prohibition. | 5/28/2013 05/28/2013 Governor Action - Signed | Wednesday, May 8 2013 CONSIDERATION OF SENATE AMENDMENTS TO HOUSE (10) in house calendar. | No news items found |
| HB13-1320 | Support For Meritorious Colorado Students | WALLER / HEATH | Under current law, state-supported institutions of higher education (institution) must generally maintain a required ratio of resident student admissions to nonresident student admissions. The bill allows an institution to count a student who is admitted as a Colorado scholar as 2 in-state students for purposes of calculating this ratio. The university of Colorado system and Colorado state university are also required to ensure that the percentage of students who are admitted based on criteria other than the statewide admissions criteria does not fall below the average of the percentage of these students admitted for the 3 preceding years. Under the bill, these institutions are considered to meet this requirement if the percentage of in-state students admitted based on the alternative criteria plus the percentage of in-state students enrolling as Colorado scholars is greater than the percentage of nonresident students admitted based on the alternative criteria. | 6/5/2013 06/05/2013 Governor Action - Signed | Wednesday, May 8 2013 CONSIDERATION OF SENATE AMENDMENTS TO HOUSE (11) in house calendar. | No news items found |
| SB13-011 | Colorado Civil Union Act | STEADMAN / FERRANDINO | 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 civil union; * Rights and abilities concerning transfer of real or personal property 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 spousal status; * The probate laws relating to estates, wills, trusts, and intestate 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 a family 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 group benefit plans for state employees; * The ability to designate a party to a civil union as a beneficiary under the state public employees retirement system; * Survivor benefits under local government firefighter and police pensions; * Protections and coverage under domestic abuse and domestic violence laws; * Rights and protections under victims' compensation laws and victims and witness protection laws; * Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation; * Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment; * The ability to file a complaint about the care or treatment of 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 a party 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 a party in a civil union and evidentiary privileges for parties to a civil union; * The right to apply for emergency or involuntary commitment 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 for plans issued, delivered, or renewed on or after January 1, 2014; and * Other insurance policies that provide coverage relating to joint 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. | 3/21/2013 03/21/2013 Governor Action - Signed | NOT ON CALENDAR | BREAKING: Colorado civil unions bill clears third and final House committee Douglas County Republican supports civil unions in emotional speech Read more: Douglas County Republican supports civil unions in emotional speech Civil unions bill passes committee, Catholic Charities speaks out |
| SB13-018 | Permissible Use Of Credit Information By Employers | ULIBARRI / FISCHER | The bill creates the "Employment Opportunity Act", which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as "employer"). Specifically, the bill: * Prohibits an employer's use of consumer credit information for employment purposes if the information is unrelated to the job; * Requires an employer to disclose to an employee or applicant for employment (jointly referred to as "employee") when the employer uses the employee's consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied; * Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and * Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information. | 4/19/2013 04/19/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-023 | Increase Damages Caps Under CGIA | CADMAN | Currently, the "Colorado Governmental Immunity Act" (act) sets as a maximum amount that may be recovered by a person suing a public entity or public employee for loss or injury caused by the entity or employee in any single occurrence, whether from one or more public entities and public employees: * For any injury to one person in any single occurrence, the sum of $150,000; and * For an injury to 2 or more persons in any single occurrence, the sum of $600,000, and, in such circumstances, the act prohibits any single person from recovering in excess of $150,000. To ensure these limitations on damages reflect the effects of inflation since the specific limitations were last increased by the general assembly, the bill increases the damages limitation for any injury to one person in any single occurrence to $478,000. For an injury to 2 or more persons in any single occurrence, the bill increases the damages limitation to $990,000 and further specifies that, in such circumstances, a single person is precluded from recovering in excess of $478,000. The bill further provides that the increased damages amounts are: * Exclusive of interest awarded; and * Adjusted for inflation every 4 years. The bill requires the attorney general to make this required adjustment on an every 4-year basis commencing January 1, 2018, to certify the amount of the adjustment, and to publish the amount of the adjustment on the attorney general's web site. | 4/19/2013 04/19/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-024 | Prohibit Discrimination Labor Union Participation | HILL | The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void. The bill creates civil and criminal penalties for violatons and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices. | 1/23/2013 01/23/2013 Senate Committee on Business, Labor, & Technology Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| SB13-028 | Track Utility Data High Performance State Building | JONES / TYLER | For all state-assisted facilities that complete the design process on or after July 1, 2013, each state agency is required to monitor, track, and verify utility vendor bill data pertaining to the state-assisted facility and annually report to the office of the state architect any necessary information used to ensure that the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable are recouped. A state agency may use a commercial utility tracking software for this purpose. The annual report must include information related to building performance based on the state-assisted facility's utility consumption. State-assisted facilities that have achieved the highest performance certification attainable and completed the design process prior to July 1, 2013, are strongly encouraged to monitor, track, and verify utility vendor bill data pertaining to such state-assisted facility to ensure that the increased initial costs to achieve the highest performance certification attainable are recouped. | 3/22/2013 03/22/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-033 | In-state Classification CO High School Completion | GIRON / DURAN | 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 at least 3 years immediately preceding graduation or completion of a general equivalency diploma (GED) in Colorado; and * Is admitted to a Colorado institution or attends an institution 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. | 4/29/2013 04/29/2013 Governor Action - Signed | NOT ON CALENDAR | House approves lowering tuition for Colorado illegal immigrant students, bill goes to governor |
| SB13-042 | Foreign Asst Med Professor Renew Physician License | MORSE / WALLER | Current law allows distinguished foreign teaching physicians to be licensed to practice medicine at a state medical school. The license is valid for one year only; to renew the license, the distinguished foreign teaching physician must have been invited by the school to serve as a full-time member of its academic faculty at a rank equal to an associate professor or higher. Assistant professors cannot renew their licenses. The bill allows an assistant professor who is a distinguished foreign teaching physician to renew his or her license. | 4/25/2013 04/25/2013 Sent to the Governor | NOT ON CALENDAR | No news items found |
| SB13-043 | On-premises Alcohol Consumption Prohibit Removal | KERR / GARDNER | Current law prohibits a retail gaming licensee that is licensed to sell alcohol beverages for on-premises consumption from knowingly permitting patrons to remove an alcohol beverage from the licensed premises and protects a retail gaming licensee from prosecution if the licensee either stations personnel at each exit to prevent removal of alcohol beverages from the premises or posts a sign by each exit notifying patrons that removal of alcohol beverages is illegal. The bill applies the prohibition and protection from prosecution to all persons licensed under the "Colorado Liquor Code" to sell alcohol beverages for on-premises consumption. Additionally, the on-premises licensee may post a sign that is smaller than that required at retail gaming establishments. | 5/10/2013 05/10/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-066 | Taxpayer Abortion Separation Act | HILL | The Colorado constitution prohibits public funds from being used to pay for, or to reimburse anyone for payment of, an induced abortion. The bill establishes that anyone who directly or indirectly performs an induced abortion, advocates for induced abortions, or provides referrals for induced abortions shall not receive any public moneys from, nor be administered by, the state of Colorado or its agencies or political subdivisions. | 2/4/2013 02/04/2013 Senate Committee on Judiciary Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| SB13-090 | Suppl Approp Dept Of Higher Ed | STEADMAN / LEVY | Supplemental appropriations are made to the department of higher education. | 2/19/2013 02/19/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-121 | Higher Ed Institutions Fee-for-service Contracts | LAMBERT | The bill repeals language that allows an institution of higher education and the department of higher education (department) to transfer a certain percentage of the spending authority for college opportunity fund stipends for use in spending moneys received through fee-for-service contracts. The department annually enters into fee-for-service contracts with the governing boards of the institutions of higher education to purchase certain education services. The bill specifies that a fee-for-service contract must specify the per-full-time-student amount that the department will pay for the services. The amount must reflect the actual cost of the services provided, cannot change over the term of the contract, and cannot increase or decrease by more than the amount of inflation from year to year. In complying with the annual requirements to report to an assigned committee of reference and the joint budget committee, the department must provide copies of the fee-for-service contracts. | 2/14/2013 02/14/2013 Senate Committee on Education Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| SB13-133 | Distribution Of State Share Of Ltd Gaming Revenues | STEADMAN / GEROU | The bill inserts dollar amounts instead of percentages for the transfers of the state share of limited gaming revenues to: * The Colorado travel and tourism promotion fund; * The bioscience discovery evaluation cash fund; * The local government limited gaming impact fund; * The innovative higher education research fund; * The creative industries cash fund; and * The Colorado office of film, television, and media operational account cash fund. The bill also makes clear that any amount of limited gaming revenues over and above the transfers to these funds will be transferred to the general fund. | 3/8/2013 03/08/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-165 | Community Colleges Limited Number Bachelor Degrees | TODD / WILSON | The bill allows the state board for community colleges and occupational education (state board) to seek approval from the Colorado commission on higher education (CCHE) for up to 10 technical, career and work force development baccalaureate degree programs that may be offered at community colleges within the state system. The CCHE may approve baccalaureate degree programs that meet criteria established in the bill. Among other factors, the CCHE shall consider whether the baccalaureate degree program proposed by the state board is sufficiently distinguishable from a degree program at a public 4-year institution of higher education in the community college geographic service area, or whether the degree program is one that has previously been offered successfully in conjunction with another 4-year institution of higher education. The state board may authorize the establishment of an approved baccalaureate degree program at a community college within the state system. | 4/8/2013 04/08/2013 House Committee on Education Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| SB13-178 | Red Rocks Physician Assistant Graduate Program | HUDAK / HAMNER | Currently, Red Rocks community college offers a certificate program in physician assistant studies, and, through an affiliation with St. Francis university in Pennsylvania, students may obtain a master of medical science degree. The eligibility requirements of the accrediting body of physician assistant programs now requires the sponsor of the program to confer a graduate degree upon completion of the program. The bill authorizes Red Rocks community college to continue providing its physician assistant studies program by authorizing Red Rocks community college to confer a graduate degree on students who complete the physician assistant studies program. | 5/18/2013 05/18/2013 Governor action - signed | NOT ON CALENDAR | No news items found |
| SB13-200 | Expand Medicaid Eligibility | AGUILAR / FERRANDINO | 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. | 5/13/2013 05/13/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-213 | Future School Finance Act | JOHNSTON / HAMNER | 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 total program; * The definition of at-risk pupils and the percentage increase in 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 state moneys to institute charter schools; * Calculation of state and local shares of total program; * Authorized mill levy overrides; * State moneys available to districts and institute charter schools in addition to total program; * Mid-year recalculation of total program for certain districts and institute charter schools; * Allocations of funding by districts to charter schools and other schools of the district; * Review of the return on the investment of funding and cost studies every 4 years; * Public financial reporting by districts and institute charter schools; and * State moneys for mid-year recalculation of funding for new and 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 l | 5/21/2013 05/21/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-218 | CO Key Industries Workforce Grant Program | HEATH | The bill creates the Colorado key industries workforce program to provide moneys to state institutions of higher education (institution) to assist students who are seeking bachelor's degrees, including a bachelor's of applied science degree, in key industry sectors. To receive a grant, an institution submits an application that must demonstrate that: * The institution has partnered with a business in a key industry that expects to employ students who complete the bachelor's degree and that the business is agreeing to pay a dollar-for-dollar match to the institution for the grant moneys received; * The institution has entered into the necessary agreements with other institutions to ensure transferability of credits; and * There is a recognized workforce need for persons who hold the type of bachelor's degree that the institution will provide. The department of higher education (department) will review the applications and recommend to the Colorado key industries workforce program grant board (grant board), created in the bill, those applicants that should receive a grant and the amount and duration of the grant. The grant board will select grant recipients from among the applicants that the department recommends. In awarding grants, the department and the grant board will consider specific criteria, including: * The need for the type of bachelor's degrees the applicant's program will offer; * Whether there is an existing population of students who are likely to enroll in the program; and * The cost structure of the program. Students who enroll in a bachelor's degree program that receives a grant are eligible for stipends from the Colorado opportunity fund. The grants are payable from the Colorado key industries workforce program fund (fund), created in the bill. The fund consists of moneys appropriated by the general assembly. The department must prepare an annual report concerning the grant moneys issued, how the grant moneys are used, and the graduation and employment success of students who obtain bachelor's degrees through a program that receives a grant. | 5/3/2013 05/03/2013 House Committee on Appropriations Postpone Indefinitely | NOT ON CALENDAR | No news items found |
| SB13-225 | STEMI Heart Attack Stroke Data Hosp Designation | GIRON / GINAL | The bill requires the department of public health and environment (department) to: * Develop a system for designating qualified hospitals as STEMI (heart attack) receiving centers, STEMI referring centers, comprehensive stroke centers, or primary stroke centers, as appropriate; and * Maintain a STEMI database and a stroke database to collect data pertaining to individuals with confirmed STEMI heart attacks and strokes, respectively. The bill requires hospitals designated as STEMI receiving centers, comprehensive stroke centers, and primary stroke centers to report to the respective databases and encourages all other hospitals to report data to the databases. The bill also allows for a designation of a hospital as an acute stroke-ready hospital if a national accreditation program becomes available, after which hospitals attaining that designation would also be required to report to the stroke database. The department is required to submit an annual summary report to the governor and specified committees of the general assembly and to post the report on its web site. | 5/25/2013 05/25/2013 Governor action - signed | NOT ON CALENDAR | No news items found |
| SB13-230 | 2013-14 Long Appropriations Bill | STEADMAN / LEVY | *** No bill summary available *** | 4/29/2013 04/29/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-236 | Transfers Of Money Related To Capital Construction | STEADMAN / LEVY | Joint Budget Committee. For the 2012-13 fiscal year, the bill increases the transfer from the general fund to the capital construction fund from $60,491,314 to $60,911,498. For the 2013-14 fiscal year, the bill transfers $192,566,495 from the general fund to the capital construction fund and $500,000 from the general fund exempt account of the general fund to the capital construction fund. | 5/10/2013 05/10/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-247 | Reciprocal Debt Collection Agreements | HEATH | Current law authorizes the department of personnel to provide centralized debt collection services for debts owed to agencies, institutions, and political subdivisions of the state. The bill specifies procedural requirements, including a hearing requirement, to be followed before the state controller may certify such a debt to the department of revenue to be offset against a tax refund. The bill also authorizes the state to enter into reciprocal debt collection agreements with the federal government and other states. Under such agreements: * The state uses moneys owed by the state to a person, including tax refunds, to pay debts that the person owes to the federal government or another state; and * The federal government or another state uses moneys that it owes to another person, excluding tax refunds in the case of the federal government, to pay debts that the person owes to the state of Colorado. If multiple creditors have claims against the same person to be paid from moneys owed by the state to the person, such moneys must be used first to pay debts owed to agencies and institutions of the state, next to pay debts owed to political subdivisions of the state, and last to pay debts owed to the federal government and other states. | 5/28/2013 05/28/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-264 | Develop Rural Family Medicine Residency Programs | AGUILAR / MCLACHLAN | The bill requires the commission on family medicine to support the development of rural family medicine residency programs. The duty repeals after 3 years. | 5/24/2013 05/24/2013 Governor Action - Signed | NOT ON CALENDAR | No news items found |
| SB13-285 | Workers' Compensation | TOCHTROP / WILLIAMS | The bill requires a claimant to be reimbursed by the employer or workers' compensation carrier for medical treatment provided if the employer, after notice of the injury, fails to provide medical treatment. After notice of termination of a fringe benefit or other advantage, the employer, carrier, or third-party administrator is required to recalculate the average weekly wage and begin payment of the wages based on the recalculated amount. The bill requires temporary partial disability to be paid at least once every 2 weeks and requires an employer, carrier, or third-party administrator to provide a claimant a complete copy of the claim file within 15 days after the mailing of a written request. In order to request attorney fees and costs when an opposing attorney requests a hearing for an unripe issue, the requesting party must prove that it attempted to have any unripe issues stricken by a prehearing administrative law judge. Fees and costs may only be awarded if they are directly caused by the listing of the unripe issue. The bill extends the amount of time that must pass before an employer or insurer may request an independent medical examiner if the treating physician has not determined that an injured worker has reached maximum medical improvement from 18 to 24 months. If the independent medical examiner selected determines that the worker has reached maximum medical improvement, the independent medical examiner shall also determine the worker's permanent medical impairment. | 5/28/2013 05/28/2013 Governor Action - Signed | Wednesday, May 8 2013 THIRD READING OF BILLS - FINAL PASSAGE (3) in house calendar. | No news items found |