HB19-1001 Hospital Transparency Measures To Analyze Efficacy 
Position:
Short Title: Hospital Transparency Measures To Analyze Efficacy
Sponsors: C. Kennedy (D) / D. Moreno (D) | B. Rankin (R)
Summary:

Hospitals - healthcare affordability and sustainability enterprise board - annual hospital expenditure report - hospital report card and hospital charge report recommendations. The act requires the department of health care policy and financing (department), in consultation with the Colorado healthcare affordability and sustainability enterprise board, to develop and prepare an annual report detailing uncompensated hospital costs and the different categories of expenditures made by hospitals in the state (hospital expenditure report). In compiling the hospital expenditure report, the department shall use publicly available data sources whenever possible. Each hospital in the state is required to make available to the department certain information.

Prior to issuing the hospital expenditure report, each hospital referenced in the report has 15 days to review the report and submit clarifications or corrections to the department. Additionally, the department is required to provide a statewide hospital association any information it receives from hospitals in the development of the hospital expenditure report.

The department is required to submit the hospital expenditure report to the governor, specified committees of the general assembly, and the medical services board in the department by January 15, 2020, and each year thereafter. The department is also directed to post the hospital expenditure report on the department's website.

The act requires the department, in consultation with the department of public health and environment and the division of insurance, to determine whether the hospital report card and the hospital charge report that exist under current law require any structural or substantive changes. Any such recommendations to that effect are required to be made to the general assembly by November 1, 2019.


(Note: This summary applies to this bill as enacted.)

Status: 3/28/2019 Governor Signed

HB19-1004 Proposal For Affordable Health Coverage Option 
Position: Monitor
Short Title: Proposal For Affordable Health Coverage Option
Sponsors: D. Roberts (D) | M. Catlin (R) / K. Donovan (D)
Summary:

Proposal for a state option for health care coverage - creation - division of insurance - appropriation. The act requires the department of health care policy and financing and the division of insurance in the department of regulatory agencies (departments) to develop and submit a proposal (proposal) to certain committees of the general assembly concerning the design, costs, benefits, and implementation of a state option for health care coverage. Additionally, the departments shall present a summary of the proposal at the annual joint hearings with the legislative committees of reference during the interim before the 2020 legislative session.

The proposal must contain a detailed description of a state option and must identify the most effective implementation of a state option based on affordability to consumers at different income levels, administrative and financial burden to the state, ease of implementation, and likelihood of success in meeting the objectives described in the act. The proposal must also identify any necessary changes to state law to implement the proposal.

In developing the proposal, the departments shall engage in a stakeholder process that includes public and private health insurance experts, consumers, consumer advocates, employers, providers, and carriers. Further, the departments shall review any information relating to a pilot program operated by the state personnel director as a result of legislation that may be enacted during the 2019 legislative session.

The departments shall prepare and submit any necessary federal waivers or state plan amendments to implement the proposal, unless a bill is filed within the filing deadlines for the 2020 legislative session that substantially alters the federal authorization required for the proposal and the bill is not postponed indefinitely in the first committee.

For the 2018-19 state fiscal year, the act appropriates $75,000 from the general fund to the department of health care policy and financing for professional services, and $115,500 from the general fund to the department of regulatory agencies for the division of insurance for personal services.

For the 2019-20 state fiscal year, the act appropriates $150,000 from the general fund to the department of health care policy and financing for professional services, and $231,000 from the general fund to the department of regulatory agencies for the division of insurance for personal services.


(Note: This summary applies to this bill as enacted.)

Status: 5/17/2019 Governor Signed

HB19-1005 Income Tax Credit For Early Childhood Educators 
Position: Support
Short Title: Income Tax Credit For Early Childhood Educators
Sponsors: J. Buckner (D) | J. Wilson (R) / N. Todd (D) | K. Priola (R)
Summary:

Income tax - tax credit - eligible early childhood educators. The act provides a refundable income tax credit to an eligible early childhood educator with a federal adjusted gross income less than or equal to $75,000 for an individual filing a single return, or less than or equal to $85,000 for an individual filing a joint return, who, for at least 6 months of the taxable year for which the credit is claimed, holds an early childhood professional credential and is either the licensee of an eligible program or employed by an eligible program. The act specifies that an eligible program means either an early childhood education program or a licensed family child care home and the eligible program must have held at least a level 2 quality rating under the Colorado shines quality rating and improvement system for the income tax year for which the credit is claimed and, for the income tax year for which the credit is claimed, either have fiscal agreements with the Colorado child care assistance program or be a program that meets the federal early head start or head start standards. The amount of the credit is dependent on the eligible early childhood educator's credentialing level and is annually adjusted for inflation. The department of human services is required to provide to the department of revenue an annual report of each individual who held an early childhood professional credential during the previous calendar year for which the income tax credit is allowed.

The act takes effect only if, at the November 2019 statewide election, a majority of voters do not approve a referred measure that allows the state to increase the cigarette tax, increase the tobacco products tax, and to create a new tax on nicotine products and use a significant portion of the tax revenue for preschool programs and expanded learning opportunities. If the voters at the November 2019 statewide election do not approve such a measure, then the act takes effect on the date of the official declaration of the vote thereon by the governor.


(Note: This summary applies to this bill as enacted.)

Status: 5/13/2019 Governor Signed

HB19-1009 Substance Use Disorders Recovery 
Position:
Short Title: Substance Use Disorders Recovery
Sponsors: C. Kennedy (D) | J. Singer (D) / K. Priola (R) | B. Pettersen (D)
Summary:

Recovery from substance use disorders - housing vouchers - recovery residence standards and requirements - recovery residence certification grant program - creation of the opioid crisis recovery funds advisory committee - appropriation. The act:

  • Expands the housing voucher program currently within the department of local affairs to include individuals with a substance use disorder;
  • Establishes standards for recovery residences for purposes of referrals and title protection and prohibits a facility from using the terms "recovery residence", "sober living facility", or "sober home" unless the facility meets specified conditions;
  • Creates the recovery residence certification grant program; and
  • Creates the opioid crisis recovery funds advisory committee to advise and collaborate with the department of law on uses of any custodial funds the state receives as settlement or damage awards resulting from opioid-related litigation.

To implement the act:

  • $1,000,000 is appropriated to the department of local affairs;
  • $2,620 is appropriated to the office of the governor for use by the office of information technology; and
  • $50,000 is appropriated to the department of human services for use by the office of behavioral health.
    (Note: This summary applies to this bill as enacted.)

Status: 5/23/2019 Governor Signed

HB19-1010 Freestanding Emergency Departments Licensure 
Position:
Short Title: Freestanding Emergency Departments Licensure
Sponsors: K. Mullica (D) | L. Landgraf (R) / B. Gardner (R) | B. Pettersen (D)
Summary:

Freestanding emergency departments - mandatory licensure - exceptions - appropriation. Effective July 1, 2022, the act creates a new license, referred to as a "freestanding emergency department license". The department of public health and environment (department) may issue the license to a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:

  • Owned or operated by, or affiliated with, a hospital or hospital system and located more than 250 yards from the main campus of the hospital; or
  • Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within 250 yards of, or contained within, a hospital.

A facility licensed as a community clinic before July 1, 2010, and that serves a rural community or ski area is excluded from the definition of "freestanding emergency department".

The act allows the department to waive the licensure requirements for a facility that is licensed as a community clinic or that is seeking community clinic licensure and serves an underserved population in the state.

The state board of health must adopt rules regarding the new license, including rules to set licensure requirements and fees and safety and care standards.

$43,248 is appropriated to the department from the health facilities general licensure cash fund to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/29/2019 Governor Signed

HB19-1013 Child Care Expenses Tax Credit Low-income Families 
Position: Support
Short Title: Child Care Expenses Tax Credit Low-income Families
Sponsors: T. Exum (D) / B. Pettersen (D)
Summary:

Child care expenses - income tax credit - individuals with low income - extension. For income tax years prior to January 1, 2021, a resident 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 for the care of a dependent who is less than 13 years old. The act extends the tax credit for 8 years.
(Note: This summary applies to this bill as enacted.)

Status: 5/14/2019 Governor Signed

HB19-1017 Kindergarten Through Fifth Grade Social And Emotional Health Act 
Position:
Short Title: Kindergarten Through Fifth Grade Social And Emotional Health Act
Sponsors: D. Michaelson Jenet (D) / R. Fields (D)
Summary:

Colorado K-5 social and emotional heath act - pilot program - appropriation. The act creates the "Colorado K-5 Social and Emotional Health Act" (health act). Subject to available appropriations, the health act requires the department of education (department) to select up to 10 pilot schools (pilot school) to participate in a pilot program that ensures that a school mental health professional, as defined in the health act, is dedicated to each of grades kindergarten through fifth grade, with a ratio of mental health professionals to students of approximately one per 250 students. To the extent possible, the school mental health professional shall follow the same students through each grade. The general assembly shall appropriate the resources necessary for the pilot school to hire or contract with the additional school mental health professionals. The department shall select pilot schools that meet the characteristics outlined in the health act, including high poverty, ethnic diversity, and a large concentration of students in the foster care system.

Among other responsibilities consistent with the mental health professional's license, the school mental health professional shall provide needed services to students and their families in the pilot school, including providing services and supports to students with learning disabilities, identifying food insecurities, providing resources to develop and improve the social and emotional health of students, and helping eligible students and their families access public benefits. Services must be provided at school and during school hours, as appropriate.

The health act requires the department to employ or contract with a pilot program coordinator to oversee the implementation of the pilot program across the pilot schools.

The pilot program begins operation during the 2020-21 school year and repeals in July 2023. The department shall contract with a professional program evaluator (evaluator) to conduct a preliminary evaluation in 2022 and a final evaluation before the repeal of the pilot program. The evaluator shall establish the method for the collection and monitoring of the pilot schools' data throughout the pilot program. The evaluator shall evaluate the effectiveness of services provided by the pilot program on the academic, mental, and physical health and well-being of the student cohorts within the scope of the pilot program.

The health act authorizes the use of marijuana tax cash fund money and gifts, grants, or donations to fund the pilot program.

For the 2019-20 state fiscal year, the act appropriates $43,114 and 0.4 FTE from the marijuana tax cash fund to the department of education to implement the health act.


(Note: This summary applies to this bill as enacted.)

Status: 5/10/2019 Sent to the Governor

HB19-1021 Repeal Ammunition Magazine Prohibition 
Position:
Short Title: Repeal Ammunition Magazine Prohibition
Sponsors: L. Saine (R) | S. Humphrey (R)
Summary:

The bill repeals statutory provisions:

  • Prohibiting the possession of certain ammunition magazines; and
  • Requiring each of certain ammunition magazines that are manufactured in Colorado on or after July 1, 2013, to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.
    (Note: This summary applies to this bill as introduced.)

Status: 1/24/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1022 Deadly Force Against Intruder At A Business 
Position:
Short Title: Deadly Force Against Intruder At A Business
Sponsors: S. Sandridge (R)
Summary:

The bill extends the right to use deadly physical force against an intruder under certain conditions to include owners, managers, and employees of a business.


(Note: This summary applies to this bill as introduced.)

Status: 1/24/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1023 Foster Children Driving Licenses 
Position:
Short Title: Foster Children Driving Licenses
Sponsors: L. Saine (R) | D. Jackson (D) / V. Marble (R) | N. Todd (D)
Summary:

Driver's licenses - foster children - automobile insurance - appropriation. Section 1 of the act clarifies that a minor who is at least 16 years of age can purchase auto insurance.

Section 2 exempts a foster child from being required, when being issued a driver's license, to have his or her foster parent or other legal guardian sign an affidavit of liability if the child holds evidence of financial responsibility in his or her own name. Section 2 also:

  • Authorizes counties to provide a service that exempts foster children from needing a foster parent or other legal guardian to sign an affidavit of liability. The county may accept and expend gifts, grants, or donations to implement this program.
  • Lowers to 17 the age at which the county need not obtain permission of a foster parent to obtain an instruction permit without a responsible adult signing an affidavit of liability; and
  • Repeals a provision that authorizes a foster child to obtain an instruction permit if enrolled in a driving school.

Section 3 allows any person who is at least 21 years of age and who holds a driver's license to sign a foster child's driving logs if the person provided the instruction.

Section 4 authorizes anyone who is at least 21 years of age and who holds a driver's license to instruct a foster child with a driving permit notwithstanding that the person did not sign the affidavit of liability.

Section 5 directs the transportation legislation review committee to examine barriers to foster children meeting the 50-hour driving requirement while holding an instruction permit and to foster children obtaining automobile liability insurance.

Section 6 appropriates $6,750 to the department of revenue to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/21/2019 Signed by Governor

HB19-1025 Limits On Job Applicant Criminal History Inquiries 
Position: Support
Short Title: Limits On Job Applicant Criminal History Inquiries
Sponsors: J. Melton (D) | L. Herod (D) / M. Foote (D) | R. Rodriguez (D)
Summary:

Hiring practices - limitations on criminal history inquiries - exceptions - enforcement - appropriation. Effective September 1, 2019, for employers with 11 or more employees, and effective September 1, 2021, for all employers, employers are prohibited from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Inquiring about an applicant's criminal history on an initial application.

An employer may obtain a job applicant's publicly available criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

  • The law prohibits a person who has a particular criminal history from being employed in a particular job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the act does not create a protected class under employment anti-discrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.

The department is appropriated $38,113 from the employment support fund and 0.6 FTE to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Became Law

HB19-1027 Clean Syringe Exchange Environmental Impact Report 
Position:
Short Title: Clean Syringe Exchange Environmental Impact Report
Sponsors: S. Beckman (R)
Summary:

The bill requires an agency or nonprofit organization operating a clean syringe exchange program to submit an annual environmental impact mitigation plan (plan) to its county or district board of health detailing:

  • The number of syringes received from clean syringe exchange program participants in the previous calendar year;
  • The number of syringes given to clean syringe exchange program participants in the previous calendar year;
  • The agency's or nonprofit organization's plan to minimize the number of syringes near the clean syringe exchange program location that have not been disposed of safely; and
  • The agency's or nonprofit organization's plan to minimize the environmental impacts of unsafe or improper syringe disposal.

The county or district must forward the plan to the department of public health and environment (department). The department must compile the information received from all county and district boards of health and report the information to the general assembly during the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.


(Note: This summary applies to this bill as introduced.)

Status: 1/23/2019 House Committee on Public Health Care & Human Services Postpone Indefinitely

HB19-1030 Unlawful Electronic Sexual Communication 
Position:
Short Title: Unlawful Electronic Sexual Communication
Sponsors: M. Soper (R) | D. Roberts (D) / B. Rankin (R) | R. Zenzinger (D)
Summary:

Sex crimes - unlawful electronic sexual communication - minors. The act creates the crime of unlawful electronic sexual communication. The act prohibits a person from knowingly importuning, inviting, or enticing through communication via a computer network or system, telephone network, or data network or by a text message or instant message a person whom the actor knows or believes to be 15 years of age or older but less than18 years of age and at least 4 years younger than the actor, and the actor committing the offense is one in a position of trust with respect to that person, to:

  • Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system, telephone network, or data network or by a text message or instant message; or
  • Observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

A violation of this provision is a class 6 felony.

The act prohibits a person from knowingly communicating over a computer or computer network, telephone network, or data network or by a text message or instant message to a person the actor knows or believes to be 15 years of age or older but less than 18 years of age and at least 4 years younger than the actor and, in that communication or in any subsequent communication, describes explicit sexual conduct and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor committing the offense is one in a position of trust with respect to that person. A violation of this provision is a class 6 felony, but it is a class 5 felony if committed with the intent to meet for the purpose of engaging in sexual exploitation or sexual contact.

The act require a person who commits unlawful electronic sexual communication to undergo sex offender treatment and register as a sex offender, and the defendant is subject to the sex offense against children procedures.


(Note: This summary applies to this bill as enacted.)

Status: 5/6/2019 Governor Signed

HB19-1031 Child Patient More Than One Primary Caregiver 
Position:
Short Title: Child Patient More Than One Primary Caregiver
Sponsors: M. Gray (D) / J. Gonzales (D)
Summary:

Medical marijuana - primary caregivers - juvenile patient - appropriation. Under current law, a medical marijuana patient is limited to having one primary caregiver at a time. The act makes an exception for a patient who is under 18 years of age and allows each parent or guardian to serve as a primary caregiver. The act also clarifies that if the patient is under the jurisdiction of the juvenile court, the judge presiding over the case may determine who is the juvenile's primary caregiver.

The act appropriates $95,831 to the department of public health and environment for the medical marijuana registry from the medical marijuana program cash fund.


(Note: This summary applies to this bill as enacted.)

Status: 5/23/2019 Governor Signed

HB19-1032 Comprehensive Human Sexuality Education 
Position: Actively Support
Short Title: Comprehensive Human Sexuality Education
Sponsors: S. Lontine (D) | Y. Caraveo (D) / N. Todd (D) | D. Coram (R)
Summary:

Comprehensive human sexuality education - content requirements - grant program - appropriation. The act adds certain content requirements for public schools that offer comprehensive human sexuality education, including instruction on consent as it relates to safe and healthy relationships and safe haven laws.

The act prohibits instruction from emphasizing sexual abstinence as the primary or sole acceptable preventive method available to students and prohibits instruction from explicitly or implicitly using shame-based or stigmatizing language or instructional tools; employing gender stereotypes; or excluding the health needs of lesbian, gay, bisexual, or transgender individuals.

If a public school teaches comprehensive human sexuality education, the public school is not required to include instruction on pregnancy outcome options. However, if a public school opts to provide instruction on pregnancy outcome options, it must cover all pregnancy outcome options available.

Current law provides for a comprehensive human sexuality education grant program. The act amends certain provisions of the grant program to:

  • Require the department of public health and environment to submit an annual report concerning the outcomes of the grant program indefinitely;
  • Add 9 representatives to the oversight entity and require membership of the oversight entity to represent diverse community perspective and make an effort to include committee members who are diverse;
  • Require grant applicants to demonstrate a need for money to implement comprehensive human sexuality education; and
  • Require that rural public schools or public schools that do not currently offer comprehensive human sexuality education receive priority when selecting grant applicants.

The act prohibits the state board of education from waiving the content requirements for any public school that provides comprehensive human sexuality education. However, the act does not prohibit charter schools or institute charter schools from applying for a waiver.

For the 2019-20 state fiscal year, the act appropriates $1,000,000 from the general fund to the department of public health and environment to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed

HB19-1033 Local Governments May Regulate Nicotine Products 
Position:
Short Title: Local Governments May Regulate Nicotine Products
Sponsors: K. Tipper (D) | C. Kennedy (D) / R. Fields (D) | K. Priola (R)
Summary:

Regulation of cigarettes, tobacco products, or nicotine products - local government regulation - state cigarette tax revenue apportionment to local governments - local governments' special sales taxes. Sections 1, 2, and 4 of the act authorize a county to enact a resolution or ordinance that prohibits a minor from possessing or purchasing cigarettes, tobacco products, or nicotine products. Sections 1 and 2 also authorize a county to impose regulations on cigarettes, tobacco products, or nicotine products that are more stringent than statewide regulations, including prohibiting sales to a person under 21 years of age, and section 4 expressly authorizes a county to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. Section 3 expressly authorizes a statutory or home rule city or town to enact an ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors.

From state income tax money, the state currently apportions an amount equal to 27% of state cigarette tax revenues to cities, towns, and counties in proportion to the amount of state sales tax revenues collected within their boundaries. In order to receive their allocation of this money, cities, towns, and counties are prohibited from imposing their own fees, licenses, or taxes on cigarette sales or from attempting to impose a tax on cigarettes. Section 5 removes this prohibition with respect to fees or licenses that a city, town, or county imposes or with respect to a tax that a city, town, or county attempts to impose, thus allowing cities, towns, and counties to impose fees or licenses or to attempt to impose taxes on cigarette sales without losing their apportioned state cigarette tax revenues. A city, town, or county that successfully imposes a tax on cigarette sales loses its apportioned state cigarette tax revenues.

Section 6 authorizes a statutory or home rule city or town, city and county, or county, if approved by a vote of the people within the statutory or home rule city or town, city and county, or county, to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products. Section 6 also provides a mechanism by which a county's special sales tax applies to a municipality within the boundary of the county unless the municipality, if approved by a vote of the people within the municipality, enacts its own such special sales tax; however, the county and municipality may then enter into an intergovernmental agreement authorizing the county to continue to levy, collect, and enforce its special sales tax within the corporate limits of the municipality.
(Note: This summary applies to this bill as enacted.)

Status: 3/28/2019 Governor Signed

HB19-1038 Dental Services For Pregnant Women On Children's Basic Health Plan Plus 
Position: Support
Short Title: Dental Services For Pregnant Women On Children's Basic Health Plan Plus
Sponsors: M. Duran (D) | S. Lontine (D) / J. Ginal (D) | T. Story (D)
Summary:

Children's basic health plan - dental services for pregnant women - appropriation. Current law requires the medical services board to include dental services for eligible children enrolled in a children's basic health plan. The act requires the board to include dental services to all eligible enrollees, which includes children and pregnant women.

The act appropriates $66,955 to the department of health care policy and financing to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 4/16/2019 Governor Signed

HB19-1039 Identity Documents For Transgender Persons 
Position: Support
Short Title: Identity Documents For Transgender Persons
Sponsors: D. Esgar (D) / D. Moreno (D)
Summary:

Registrar of vital statistics - department of revenue - issuance of new a birth certificate, driver's license, or identity document - requirements - appropriation. Under current law, a person born in Colorado who seeks a new birth certificate from the registrar of vital statistics (state registrar) to reflect a change in gender designation must obtain a court order indicating that the sex of the person has been changed by surgical procedure and ordering that the gender designation on the birth certificate be amended, and the person must obtain a court order with a legal name change. The act:

  • Repeals that provision and creates new requirements for the issuance of birth certificates to a person who has a gender different from the sex denoted on that person's birth certificate;
  • Requires that the state registrar issue a new birth certificate rather than an amended birth certificate. The act allows a person who has previously obtained an amended birth certificate under previous versions of the law to apply to receive a new birth certificate. A person is not required to obtain a court order for a legal name change in order to obtain a new birth certificate with a change in gender designation;
  • Gives the courts in this state jurisdiction to issue a decree to amend a birth certificate to reflect a change in sex designation for persons born in another state or foreign jurisdiction if the law of such other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in sex designation;
  • Creates new requirements for the issuance of a new driver's license or identity document to a person who has a gender different from the sex denoted on that person's driver's license or identity document after certain documents are submitted to the department of revenue;
  • Exempts transgender persons from having to submit a public notice of name change.

The act appropriates $58,500 from the licensing services cash fund to the department of revenue for use by the division of motor vehicles for DRIVES maintenance and support.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed

HB19-1042 Extend Court Jurisdiction For Vulnerable Youth 
Position:
Short Title: Extend Court Jurisdiction For Vulnerable Youth
Sponsors: S. Gonzales-Gutierrez (D) / J. Gonzales (D)
Summary:

Juvenile court jurisdiction for guardianship and parental responsibilities proceedings - findings supporting federal special immigrant juvenile classification. The act extends the jurisdiction of the court for guardianship proceedings and proceedings concerning the allocation of parental responsibilities for certain unmarried youth under 21 years of age who meet the requirements for such orders, as well as criteria specified in the act, and for whom findings are sought from the court that may support an application for special immigrant juvenile classification under federal law. The act clarifies that juvenile courts exercising jurisdiction for certain purposes may also enter findings establishing eligibility for special immigrant juvenile classification under federal law.
(Note: This summary applies to this bill as enacted.)

Status: 3/28/2019 Governor Signed

HB19-1044 Advance Behavioral Health Orders Treatment 
Position:
Short Title: Advance Behavioral Health Orders Treatment
Sponsors: T. Kraft-Tharp (D) | L. Landgraf (R) / N. Todd (D) | D. Coram (R)
Summary:

Advance behavioral health orders for scope of treatment form. Under current law, an adult may establish advance medical orders for scope of treatment, allowing an adult to establish directives for the administration of medical treatment in the event the adult later lacks decisional capacity to provide informed consent to, withdraw from, or refuse medical treatment.

The act creates a similar order for behavioral health orders for scope of treatment so that an adult may communicate his or her behavioral health history, decisions, and preferences.

The act:

  • Lists the requirements for a behavioral health orders for scope of treatment form;
  • Details the duties and immunities of emergency medical services personnel, health care providers, and health care facilities with respect to treating an adult with behavioral health orders for scope of treatment;
  • Details how a behavioral health orders for scope of treatment form is executed, amended, or revoked; and
  • Prohibits an effect on a health insurance contract, life insurance contract, or annuity, by executing or failing to execute a behavioral health orders for scope of treatment.
    (Note: This summary applies to this bill as enacted.)

Status: 3/28/2019 Governor Signed

HB19-1049 Concealed Handguns On School Grounds 
Position:
Short Title: Concealed Handguns On School Grounds
Sponsors: P. Neville (R)
Summary:

With certain exceptions, current law limits the authority of a person who holds a valid permit to carry a concealed handgun by prohibiting a permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation.


(Note: This summary applies to this bill as introduced.)

Status: 1/24/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1051 Colorado Department of Public Safety HumanTrafficking-related Training 
Position: Monitor
Short Title: Colorado Department of Public Safety HumanTrafficking-related Training
Sponsors: T. Carver (R) | B. McLachlan (D) / B. Gardner (R) | J. Ginal (D)
Summary:

Human trafficking prevention training - division of criminal justice - gifts, grants, and donations for training - school safety resource center materials and training. The act makes the division of criminal justice in the department of public safety (division) a resource to provide human trafficking prevention training (training) to law enforcement agencies and entities that provide services to human trafficking victims. The training may include:

  • Train-the-trainer programs;
  • Direct trainings; and
  • Online training programs.

The training may be provided to law enforcement agencies, organizations that provide direct services to human trafficking victims, school personnel and parents or guardians of students, and any other organization, agency, or group that would benefit from such training. The training must be developed in consultation with the Colorado human trafficking council (council). When considering requests for training, the division should give priority to requests from areas of the state that have limited access to training resources. The division may accept gifts, grants, and donations and shall not provide training until it receives sufficient money to cover the costs of implementing and providing the training.

Beginning in 2020, the council's annual human trafficking report must include an update on the training provided. The act repeals the training provisions on September 1, 2023, and requires a sunset review prior to the repeal.

The act requires the Colorado school safety resource center to include awareness and prevention of human trafficking in the materials and training that it provides.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed

HB19-1052 Early Childhood Development Special District 
Position:
Short Title: Early Childhood Development Special District
Sponsors: J. McCluskie (D) | J. Rich (R) / B. Rankin (R) | J. Bridges (D)
Summary:

Early childhood development service districts - creation - powers and duties. The act authorizes the creation of early childhood development service districts (districts) to provide services for children from birth through 8 years of age. Early childhood development services are defined to include early care and educational, health, mental health, and developmental services, including prevention and intervention. Districts are authorized to seek voter approval to levy property taxes and sales and use taxes in the district to generate revenues to provide early childhood development services.

The district must be organized pursuant to the "Special District Act" as modified by the act. All eligible electors in the proposed district, rather than only property owners, are able to vote on the organization of the district and related ballot issues. The service plan for a proposed district is not required to be submitted to the planning commission for each county in which the special district is proposed to be located, and instead is submitted directly to the board of county commissioners (board) for such counties. In addition, the board is not allowed accept or act upon the request of a person owning property in the proposed service area to have his or her property excluded from the special district. The court conducting a hearing for the petition is also directed to not accept or act upon such a petition to exclude property from the district. The districts are governed by the "Special District Act"; except that they are not subject to provisions concerning the inclusion or exclusion of property, procedures for the levy and collection of taxes, the certification and notice of special district taxes for general obligation indebtedness, property tax reduction agreements, and public improvement contracts.

A district is authorized to contract with or work with another district or other provider of early childhood development services to provide services throughout the district.


(Note: This summary applies to this bill as enacted.)

Status: 4/3/2019 Governor Signed

HB19-1054 Disability Trust Requirements 
Position:
Short Title: Disability Trust Requirements
Sponsors: J. Bridges (D)
Summary:

Under existing law, a disability trust is not valid unless, among other requirements, the trust provides that upon the death of the beneficiary, or termination of the trust during the beneficiary's lifetime, whichever occurs sooner, the department of health care policy and financing (department) receives any amount remaining in the trust up to the total medical assistance paid on behalf of the individual and that no other person is entitled to payment until the department is fully reimbursed for any assistance. A disability trust is not valid until the department ensures that the trust complies with state law and any applicable rules.

The bill clarifies that a disability trust must provide that the department receives reimbursement from the trust only upon the death of the beneficiary, that no other person is entitled to payment until the department and any other states' medical assistance agencies are fully reimbursed for any assistance, and that a disability trust is not valid until the department ensures that the trust also complies with the requirements of title XIX of the federal social security act.


(Note: This summary applies to this bill as introduced.)

Status: 4/26/2019 House Committee on Finance Postpone Indefinitely

HB19-1056 Election Day Holiday In Place Of Columbus Day 
Position:
Short Title: Election Day Holiday In Place Of Columbus Day
Sponsors: A. Benavidez (D) / J. Gonzales (D)
Summary:

The bill establishes election day as a state legal holiday in place of Columbus day. "Election day" is defined to fall on the day of a general election in even-numbered years and the day on which ballot issues must be decided under the state constitution in odd-numbered years.


(Note: This summary applies to this bill as introduced.)

Status: 2/21/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1058 Income Tax Benefits For Family Leave 
Position:
Short Title: Income Tax Benefits For Family Leave
Sponsors: L. Landgraf (R) | S. Beckman (R) / K. Priola (R)
Summary:

Section 2 of the bill establishes leave savings accounts. A leave savings account is an account with a financial institution for which the individual uses money to pay for any expense while he or she is on eligible leave, which includes:

  • The birth of a child of the individual and in order to care for the child;
  • The placement of a child with the individual for adoption or foster care;
  • Caring for a spouse, child, or parent of the individual if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the individual unable to perform the functions of the position of the individual; or
  • Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the individual is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces.

An individual may annually contribute up to $5,000 of state pretax wages to a leave savings account. Employers may also make a matching contribution to an employee's leave savings account. The department of revenue is required to establish a form about a leave savings account, and the individual must annually file this form to be eligible for the tax benefit.

Sections 3 and 4 allow an employee and an employer to claim a state income tax deduction for amounts they contribute to the employee's leave savings account. Section 3 also allows a taxpayer to deduct any interest or other income earned on the investment during the taxable year from their leave savings account.

Regardless of how the money is deposited in the leave savings account, if an individual uses money in the account for an unauthorized purpose, then the money is subject to recapture in the year it is withdrawn and to a penalty equal to 10% of the amount recaptured.

Section 5 creates an income tax credit for an employer that pays an employee for leave that is between 6 and 12 weeks long for one of the following reasons:

  • The birth of a child of the employee and in order to care for the child;
  • Placement of a child with the employee for adoption or foster care;
  • Caring for a spouse, child, or parent of the employee if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the employee unable to perform the functions of the position of the employee; or
  • Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the employee is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces.

For employers with fewer than 50 employees, the credit is equal to 50% of the amount paid, and for employers with 50 or more employees it is equal to 25% of the amount paid. The credit is not refundable, but it may be carried forward up to 5 years.


(Note: This summary applies to this bill as introduced.)

Status: 1/31/2019 House Committee on Finance Postpone Indefinitely

HB19-1064 Victim Notification Criminal Proceedings 
Position: Support
Short Title: Victim Notification Criminal Proceedings
Sponsors: T. Sullivan (D) | M. Baisley (R) / M. Foote (D) | J. Cooke (R)
Summary:

Victim notification - eliminate opt-in. With certain exceptions, the act eliminates requirements that victims must opt in to effect their rights in criminal proceedings involving their alleged offender or offender.

This act appropriates $784,542 to the department for implementation of the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

HB19-1075 Tax Credit Employer-assisted Housing Pilot Program 
Position: Support
Short Title: Tax Credit Employer-assisted Housing Pilot Program
Sponsors: J. Wilson (R)
Summary:

As a pilot program to promote employer-assisted housing projects in rural areas, for income tax years commencing on or after January 1, 2019, but prior to January 1, 2023, the bill creates a state income tax credit for a donation a taxpayer makes to a sponsor that is used solely for the costs associated with employer-assisted affordable housing in a rural area. The bill defines "sponsor" to mean the Colorado housing and finance authority, a housing authority operated by a county or municipality, a nonprofit corporation that has been designated as a community development corporation under the federal tax code, or an international, nongovernmental, not-for-profit organization whose mission is concentrated on constructing affordable housing.

The amount of the credit allowed by the bill is 20% of the approved donation amount; except that the aggregate amount of the credit awarded to any one taxpayer is limited to $400 in any one income tax year.

The bill contains additional requirements pertaining to the manner in which the taxpayer submits information to receive the tax credit. The bill also requires periodic reporting of information on the use of the tax credit.


(Note: This summary applies to this bill as introduced.)

Status: 5/9/2019 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed

HB19-1076 Clean Indoor Air Act Add E-cigarettes Remove Exceptions 
Position:
Short Title: Clean Indoor Air Act Add E-cigarettes Remove Exceptions
Sponsors: D. Michaelson Jenet (D) | C. Larson (R) / K. Priola (R) | K. Donovan (D)
Summary:

Smoking restrictions - application to vape and e-cigarette use - exemptions - age restrictions in permitted smoking areas - signage - penalties. The act amends the "Colorado Clean Indoor Air Act" by:

  • Adding a definition of "electronic smoking device" (ESD) to include e-cigarettes and similar devices within the scope of the act;
  • Citing the results of recent research on ESD emissions and their effects on human health as part of the legislative declaration;
  • Eliminating the existing exceptions for certain places of business in which smoking may be permitted, such as airport smoking concessions, businesses with 3 or fewer employees, designated smoking rooms in hotels, and designated smoking areas in assisted living facilities;
  • Repealing the ability of property owners and managers to designate smoking areas through the posting of signs;
  • Exempting FDA-approved nebulizers, inhalers, and vaporizers, as well as humidifiers that emit only water vapor, from the definition of an ESD;
  • Amending signage requirements for tobacco businesses and vape shops that must notify customers of prohibitions on entry by persons under the age of 18;
  • Increasing the radius of an "entryway", the area around the doorway to a building where smoking is not permitted, from a minimum of 15 feet to a minimum of 25 feet except where existing local regulations permitted a smaller radius when construction or renovation of a business commenced, on or before July 1, 2019; and
  • Creates a grace period, affirmative defenses, and graduated penalties for enforcement of the amended signage requirements and age restrictions for tobacco businesses and vape shops.

The act takes effect July 1, 2019, except for the provisions requiring exclusion of minors and the posting of appropriate signage relating to the exclusion, which provisions take effect October 1, 2019.


(Note: This summary applies to this bill as enacted.)

Status: 5/29/2019 Governor Signed

HB19-1081 Respondent Rights Discrimination Complaints 
Position:
Short Title: Respondent Rights Discrimination Complaints
Sponsors: D. Williams (R)
Summary:

With regard to employment, housing, public accommodations, and advertising discrimination complaints investigated by the civil rights division in the department of regulatory agencies and, in some cases, heard or pursued by the Colorado civil rights commission, the bill specifies that:

  • The respondent has a right to request representation by a public defender, regardless of indigent status or the lack of an arrest for or charge of a crime, at any point in the administrative process when the respondent is requested or required to participate;
  • The respondent may request to move the matter to a court of competent jurisdiction if the respondent asserts that the respondent engaged in the alleged discriminatory conduct on the basis of first amendment rights; and
  • If the respondent obtains a favorable decision after all appeals are exhausted or if the United States supreme court rules in favor of the respondent, the commission must pay the respondent's attorney fees and costs and lost business income, retroactive to appeals or actions for judicial review filed on or after December 1, 2013.
    (Note: This summary applies to this bill as introduced.)

Status: 1/29/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1085 Grants For Property Tax Rent And Heat 
Position:
Short Title: Grants For Property Tax Rent And Heat
Sponsors: T. Exum (D) / R. Zenzinger (D)
Summary:

Property tax and rent assistance grant - heat assistance grant - expansion - increase. A low-income senior or individual with a disability is currently eligible for 2 types of annual state assistance grants administered by the department of revenue related to his or her property: A grant for their property taxes or rent paid, with the latter being deemed a tax-equivalent payment (property tax and rent assistance grant), and a grant for heat or fuel expenses (heat assistance grant). Together these are commonly known as the "PTC" rebate.

The act expands the property tax and rent assistance grant by repealing the requirement that rent must be paid to a landlord that pays property tax. For both types of grants allowed under the PTC rebate program, the act increases the:

  • Maximum grant amounts;
  • Phase-out amounts, which are the income levels at which a person's maximum grant begins to decrease; and
  • Flat grant amounts, which are the minimum grant amounts assuming that the actual expenses exceed them.

All of these amounts will also continue to be adjusted for inflation in the future. Obsolete provisions relating to grants claimed for past years are repealed and other provisions relating to grants prior to 2019 are repealed after they become obsolete in the future.


(Note: This summary applies to this bill as enacted.)

Status: 5/20/2019 Governor Signed

HB19-1095 Physician Assistants Supervision And Liability 
Position:
Short Title: Physician Assistants Supervision And Liability
Sponsors: L. Cutter (D) | L. Landgraf (R) / R. Fields (D)
Summary:

Medical practice - physician assistants - supervision requirements - liability - representation on Colorado medical board - appropriation. The act establishes supervisory requirements for physician assistants who:

  • Have practiced for less than 3 years;
  • Have practiced for 3 years or more; or
  • Have practiced for at least 12 months and are making a substantive change in their scope of practice or practice area.

The act states that a licensed physician may be responsible for the direction and supervision of up to 8 physician assistants at any one time. A licensed physician shall not be made responsible for the direction and supervision of more than 4 physician assistants unless the licensed physician agrees to assume the responsibility.

The act adds one more physician assistant as a member of the Colorado medical board (board), for a total of 2 physician assistant members, and adds a fourth member to the licensing panel established by the board president, which fourth member must be a physician assistant board member.

The act states that a physician assistant who has practiced for at least 3 years may be liable for damages resulting from negligence in providing care to a patient, unless the damages occur as a result of the physician assistant following a direct order from a supervising physician, and shall maintain professional liability insurance in an amount not less than $1 million per claim and $3 million for all claims.

For the 2019-20 fiscal year, the act appropriates $4,650 to the department of regulatory agencies for use by the division of professions and occupations.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


(Note: This summary applies to this bill as enacted.)

Status: 6/3/2019 Governor Signed

HB19-1103 Protect Human Life At Conception 
Position: Oppose
Short Title: Protect Human Life At Conception
Sponsors: S. Humphrey (R) | L. Saine (R)
Summary:

The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition:

  • A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and
  • A licensed physician provides medical treatment, including chemotherapy or removal of an ectopic pregnancy, to the mother that results in the accidental or unintentional injury to or death of the unborn child.

The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. The sale and use of contraception is not prohibited by the bill. A conviction related to the prohibition of the termination of the life of an unborn child constitutes unprofessional conduct for purposes of physician licensing.


(Note: This summary applies to this bill as introduced.)

Status: 2/13/2019 House Committee on Health & Insurance Postpone Indefinitely

HB19-1106 Rental Application Fees 
Position: Support
Short Title: Rental Application Fees
Sponsors: B. Titone (D) | S. Gonzales-Gutierrez (D) / B. Pettersen (D)
Summary:

Tenants and landlords - rental application process. The act states that a landlord may not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. A landlord also may not charge a prospective tenant a rental application fee that is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:

  • The same dwelling unit; or
  • If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord.

The act requires a landlord to provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or an itemization of the landlord's actual expenses incurred. The landlord is required to make a good-faith effort to refund any unused portion of an application fee within 20 days.

The act states that if a landlord uses rental history or credit history as criteria in consideration of an application, the landlord shall not consider any rental history or credit history beyond 7 years immediately preceding the date of the application. If a landlord considers criminal history as a criterion, the landlord shall not consider an arrest record of a prospective tenant from any time or any conviction of a prospective tenant that occurred more than 5 years before the date of the application; except that a landlord may consider any criminal conviction record or deferred judgment relating to certain criminal offenses involving methamphetamine, any offense that required the prospective tenant to register as a sex offender, any offense that is classified as a homicide, or stalking.

If a landlord denies a rental application, the landlord shall provide the prospective tenant a written notice of the denial that states the reasons for the denial.

A landlord who violates any of the requirements created in the act is liable to the person who is charged a rental application fee for triple the amount of the rental application fee, plus court costs. A landlord who corrects or cures a violation not more than 7 calendar days after receiving notice of the violation is immune from liability. A person who intentionally and in bad faith brings a meritless claim against a landlord is liable for the landlord's court costs and reasonable attorney fees in defending the claim.


(Note: This summary applies to this bill as enacted.)

Status: 4/25/2019 Governor Signed

HB19-1107 Employment Support Job Retention Services Program 
Position: Support
Short Title: Employment Support Job Retention Services Program
Sponsors: J. Coleman (D) / R. Fields (D) | K. Priola (R)
Summary:

The bill creates the employment support and job retention services program (program) within the division of employment and training (division) in the department of labor and employment (department) to provide emergency employment support and job retention services to eligible individuals in the state. The bill requires the director of the division (director) to contract with an entity to administer the program to provide reimbursement for employment support and job retention services provided to eligible individuals statewide. In order to be eligible for services for which a service provider may be reimbursed under the program, an individual must be 16 years of age or older, be eligible to work in the United States, have a household income that is at or below the federal poverty line, and be underemployed or unemployed and actively involved in employment preparation, job training, employment pursuit, or job retention activities. The director is required to establish procedures and guidelines to implement and set parameters for the operation of the program.

The general assembly is required to appropriate money to the employment support and job retention services cash fund created in the bill for allocation to the division to implement and operate the program. The department is authorized to accept gifts, grants, and donations for the implementation and operation of the program. The program is repealed, effective September 30, 2022.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/28/2019 Governor Signed

HB19-1111 Training Requirement For Colorado Civil Rights Commission 
Position:
Short Title: Training Requirement For Colorado Civil Rights Commission
Sponsors: M. Baisley (R)
Summary:

The bill requires the attorney general, or his or her designee, to organize and provide a training of at least one hour, which all Colorado civil rights commission members are required to attend, regarding the state's obligation of religious neutrality and consistency when considering claims that involve freedom of speech or free exercise of religion under the first amendment of the United States constitution.
(Note: This summary applies to this bill as introduced.)

Status: 1/29/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1117 Regulation Of Professions And Occupations Reform 
Position:
Short Title: Regulation Of Professions And Occupations Reform
Sponsors: S. Sandridge (R)
Summary:

Current law requires the department of regulatory agencies to analyze whether to begin or continue the regulation of a profession or occupation based on several factors. The bill elaborates on these factors and requires the department to find a present, significant, and substantiated harm to consumers before recommending regulation. The bill further requires the department to recommend only the least restrictive regulation necessary to address the harm and sets guidelines for recommended regulation.
(Note: This summary applies to this bill as introduced.)

Status: 2/13/2019 House Committee on Business Affairs & Labor Postpone Indefinitely

HB19-1118 Time Period To Cure Lease Violation 
Position: Support
Short Title: Time Period To Cure Lease Violation
Sponsors: D. Jackson (D) | R. Galindo / A. Williams (D)
Summary:

Violation of rental agreements - notice requirements - time to cure violation. The act concerns the time frames in which certain landlords must give notice to tenants prior to commencing eviction proceedings for failure to pay rent or for a first or subsequent violation of any other condition or covenant other than a substantial violation. Under most residential agreements, a landlord is required to give 10 days notice. Under a nonresidential or an employer-provided housing agreement, a landlord is required to give 3 days notice. For an exempt residential agreement, meaning for the lease of a single family home by a landlord who owns 5 or fewer single family rental homes, 5 days notice is required.
(Note: This summary applies to this bill as enacted.)

Status: 5/21/2019 Signed by Governor

HB19-1120 Youth Mental Health Education And Suicide Prevention 
Position: Support
Short Title: Youth Mental Health Education And Suicide Prevention
Sponsors: D. Michaelson Jenet (D) | D. Roberts (D) / S. Fenberg (D)
Summary:

Psychotherapy services - treatment of a minor without parental consent - mental health education resource bank - appropriation. The act allows a minor 12 years of age or older to seek and obtain psychotherapy services with or without the consent of the minor's parent or guardian if the mental health professional determines the minor is knowingly and voluntarily seeking the psychotherapy services and the psychotherapy services are clinically necessary. A mental health professional providing psychotherapy services to a minor may, with the consent of the minor, advise the minor's parent or legal guardian of the psychotherapy services provided, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment. However, the mental health professional is permitted to notify the minor's parent or legal guardian without the minor's consent if, in the opinion of the mental health professional, the minor is unable to manage his or her care or treatment.

The mental health professional is required to engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and document any attempt to contact the minor's parent or legal guardian. If a minor communicates a clear and imminent threat to commit suicide, the mental health professional is required to notify the minor's parent or legal guardian of the minor's suicidal ideation.

The act requires the department of education, in consultation with the office of suicide prevention, the youth advisory council, and the suicide prevention commission, to create and maintain a mental health education literacy resource bank. The resource bank is available to the public free of charge. The act also requires the state board of education to adopt standards related to mental health, including suicide prevention.

The act appropriates $116,550 from the general fund to the department of education for the mental health education resource bank and technical assistance.

Specifies that certain provisions take effect only if House Bill 19-1172 becomes law.


(Note: This summary applies to this bill as enacted.)

Status: 5/16/2019 Governor Signed

HB19-1122 Colorado Department Of Public Health And Environment Maternal Mortality Review Committee 
Position: Support
Short Title: Colorado Department Of Public Health And Environment Maternal Mortality Review Committee
Sponsors: J. Buckner (D) | L. Landgraf (R) / R. Fields (D) | B. Gardner (R)
Summary:

Maternal mortality review committee - creation - appointments - duties - sunset review - appropriation. The act creates the Colorado maternal mortality review committee (committee), which is required to review maternal deaths, identify the causes of maternal mortality, and develop recommendations to address preventable maternal deaths, including legislation, policies, rules, and best practices that will support the health and safety of the pregnant and postpartum population in Colorado and prevent maternal deaths. The executive director of the department of public health and environment (department) is directed to appoint at least 11 members to serve on the committee.

The act requires certain health care providers and law enforcement officials to provide medical records to the department concerning each maternal death for access by the members of the committee. The records, notes, information, and activities of the committee are confidential.

The committee is repealed, effective September 1, 2029, and is subject to sunset review by the department of regulatory agencies prior to its repeal.

$145,167 is appropriated to the department for implementation of the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/16/2019 Governor Signed

HB19-1124 Protect Colorado Residents From Federal Government Overreach 
Position:
Short Title: Protect Colorado Residents From Federal Government Overreach
Sponsors: A. Benavidez (D) | S. Lontine (D) / M. Foote (D) | J. Gonzales (D)
Summary:

Federal immigration enforcement - no arrest based on civil detainer - no personal information to immigration authorities from probation - advisement before immigration interview. The act allows a law enforcement officer or employee to cooperate or assist federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody.

The act prohibits a law enforcement officer from arresting or detaining an individual solely on the basis of a civil immigration detainer.

The act prohibits a probation officer or probation department employee from providing an individual's personal information to federal immigration authorities.

If a law enforcement officer is coordinating a telephone or video interview between federal immigration authorities and an individual in jail or another custodial facility, the individual must be advised that:

  • The interview is being sought by federal immigration authorities;
  • The individual has the right to decline the interview and remain silent;
  • The individual has the right to speak to an attorney before submitting to the interview; and
  • Anything the individual says may be used against him or her in subsequent proceedings, including in a federal immigration court.
    (Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

HB19-1129 Prohibit Conversion Therapy for A Minor 
Position: Support
Short Title: Prohibit Conversion Therapy for A Minor
Sponsors: D. Michaelson Jenet (D) | D. Esgar (D) / S. Fenberg (D)
Summary:

Physicians - mental health care providers - conversion therapy for minors prohibited - disciplinary action. The act prohibits a licensed physician specializing in psychiatry or a licensed, certified, or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. A licensee who engages in these practices is subject to disciplinary action by the appropriate licensing board. "Conversion therapy" means efforts to change an individual's sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed

HB19-1131 Prescription Drug Cost Education 
Position: Support
Short Title: Prescription Drug Cost Education
Sponsors: S. Jaquez Lewis (D) / F. Winter (D)
Summary:

Drug manufacturer, representative, agent, or employee - prescription drug marketing - disclosure of drug information required. The act requires a drug manufacturer, or a representative, agent, or employee of the manufacturer, who while employed by or under contract to represent a manufacturer engages in prescription drug marketing, to provide to a prescriber, in writing, the wholesale acquisition cost of a prescription drug when, in the course of conducting business, the manufacturer, representative, agent, or employee provides information concerning the drug to the prescriber.

The act also requires the drug manufacturer, or a representative, agent, or employee of the manufacturer, to also disseminate the names of at least 3 generic prescription drugs from the same therapeutic class, or if 3 are not available, as many as are available for prescriptive use.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


(Note: This summary applies to this bill as enacted.)

Status: 5/16/2019 Governor Signed

HB19-1140 Live And Let Live Act 
Position:
Short Title: Live And Let Live Act
Sponsors: S. Humphrey (R) / V. Marble (R)
Summary:

The bill establishes the "Live and Let Live Act" in Colorado.


(Note: This summary applies to this bill as introduced.)

Status: 2/12/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1150 Recreate Consumer Insurance Council 
Position:
Short Title: Recreate Consumer Insurance Council
Sponsors: B. Titone (D) / J. Danielson (D)
Summary:

Consumer insurance council - recreation - membership - meetings - expense reimbursement - sunset review. The act recreates and reenacts the consumer insurance council and its duties and responsibilities, as they existed prior to the repeal of the council on July 1, 2018, with the following modifications:

  • The council's authority to issue annual consumers' choice awards to health insurers is not reenacted;
  • The council is to consist of at least 6 members and not more than 15 members, consumers not engaged in the insurance industry may serve on the council, the council is to reflect the state's demographic diversity in addition to geographic diversity but need not include representation from each congressional district in the state, and the commissioner is to timely appoint members to the council;
  • Members are to be reimbursed for actual and necessary expenses incurred in traveling to and from council meetings, including any required dependent care and dependent or attendant travel, food, and lodging expenses;
  • The council is to meet quarterly and may request to meet up to 4 more times per year; and
  • The council is authorized to submit recommendations to the commissioner, and the commissioner is required to timely respond to council recommendations.

The council is scheduled for sunset review and repeal on September 1, 2029.


(Note: This summary applies to this bill as enacted.)

Status: 4/16/2019 Governor Signed

HB19-1155 Additions To Definition Of Sexual Contact 
Position: Support
Short Title: Additions To Definition Of Sexual Contact
Sponsors: D. Michaelson Jenet (D) | T. Carver (R) / P. Lundeen (R) | M. Foote (D)
Summary:

Sex offenses - sexual contact definitions. The act adds the following conduct to the definition of sexual contact for the purposes of defining sex crimes:

  • The knowing emission or ejaculation of seminal fluid onto any body part of the victim or the clothing covering any body part of the victim; and
  • Knowingly causing semen, blood, urine, feces, or a bodily substance to contact any body part of the victim or the clothing covering any body part of the victim if that contact is for the purpose of sexual arousal, gratification, or abuse.
    (Note: This summary applies to this bill as enacted.)

Status: 4/4/2019 Governor Signed

HB19-1156 Proof Of Citizenship To Register To Vote 
Position:
Short Title: Proof Of Citizenship To Register To Vote
Sponsors: P. Neville (R)
Summary:

In connection with current procedures permitting an elector to register to vote on or immediately prior to or on election day, the bill requires that the elector provide a form of identification that includes proof of citizenship.


(Note: This summary applies to this bill as introduced.)

Status: 2/12/2019 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB19-1164 Child Tax Credit 
Position: Support
Short Title: Child Tax Credit
Sponsors: J. Singer (D) / R. Zenzinger (D) | K. Priola (R)
Summary:

In 2013, the general assembly created a child tax credit against state income taxes for a resident individual. But the credit, which is a percentage of the federal child tax credit based on the taxpayer's income, is only allowed after the United States congress enacts a version of the "Marketplace Fairness Act".

The bill repeals the contingent start of the tax credit and instead allows the credit to be claimed for any income tax year beginning with the 2019 income tax year.


(Note: This summary applies to this bill as introduced.)

Status: 5/9/2019 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed

HB19-1170 Residential Tenants Health And Safety Act 
Position: Support
Short Title: Residential Tenants Health And Safety Act
Sponsors: D. Jackson (D) | M. Weissman (D) / A. Williams (D) | J. Bridges (D)
Summary:

Tenants and landlords - warranty of habitability - breach of warranty - tenants' remedies. Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises. The act states that, except in cases involving a condition that is based on the presence of mold, a landlord commits a breach of the warranty (breach) if the residential premises is:

  • Uninhabitable or otherwise unfit for human habitation or in a condition that materially interferes with the tenant's life, health, or safety; and
  • The landlord has received reasonably complete written or electronic notice of the condition and failed to commence remedial action by employing reasonable efforts within:
  • 24 hours, where the condition materially interferes with the tenant's life, health, or safety; or
  • 96 hours, where the premises is uninhabitable or otherwise unfit for human habitation and the tenant has included with the notice permission for the landlord or the landlord's authorized agent to enter the residential premises.

For cases involving a residential premises that has mold that is associated with dampness, or where there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the life, health, or safety of a tenant, a landlord commits a breach if the landlord fails:

  • Within 96 hours after receiving reasonably complete written or electronic notice of the condition, to mitigate immediate risk of mold by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device to reduce tenants' exposure to mold;
  • To maintain the containment until certain acts have been performed; and
  • Within a reasonable amount of time, to execute certain remedial actions to remove the health risk posed by mold.

Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the act adds 2 conditions; specifically, a residential premises is uninhabitable if:

  • The premises lacks functioning appliances that conformed to applicable law at the time of installation and that are maintained in good working order; or
  • There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use.

The act grants jurisdiction to county courts to provide injunctive relief related to a breach.

The act also:

  • States that if a tenant gives a landlord notice of a condition that materially interferes with the tenant's life, health, or safety, the landlord, at the request of the tenant, shall provide the tenant a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or a hotel room, as selected by the landlord, at no expense or cost to the tenant;
  • Allows a tenant who satisfies certain conditions to deduct from one or more rent payments the cost to repair or remedy a condition causing a breach;
  • Repeals the requirement that a tenant notify a local government before seeking an injunction for a breach;
  • Repeals provisions that allow a rental agreement to require a tenant to assume certain responsibilities concerning conditions and characteristics of a residential premises;
  • Creates an exception for single-family residence premises for which a landlord does not receive a subsidy from any governmental source, by which exception a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling, subject to certain requirements;
  • Prohibits a landlord from retaliating against a tenant in response to the tenant having made a good-faith complaint to the landlord or to a governmental agency alleging a condition that renders the premises uninhabitable or any condition that materially interferes with the life, health, or safety of the tenant;
  • Repeals certain presumptions that favor landlords; and
  • Specifies monetary damages that may be available to a tenant against whom a landlord retaliates.

The act states that if the same condition that substantially caused a breach recurs within 6 months after the condition is repaired or remedied, other than a condition that merely involves a nonfunctioning appliance, the tenant may terminate the rental agreement 14 days after providing the landlord written or electronic notice of the tenant's intent to do so. In a case concerning a condition that merely involves a nonfunctioning appliance, if the landlord remedies the condition within 14 days after receiving the notice, the tenant may not terminate the rental agreement.


(Note: This summary applies to this bill as enacted.)

Status: 5/21/2019 Signed by Governor

HB19-1171 Expand Child Nutrition School Lunch Protection Act 
Position:
Short Title: Expand Child Nutrition School Lunch Protection Act
Sponsors: D. Michaelson Jenet (D) / R. Fields (D) | K. Priola (R)
Summary:

School lunch - free and reduced price school lunch - appropriation. The act clarifies that all students in sixth through eighth grade participating in the federal reduced price school lunch program are eligible for the existing child nutrition school lunch protection program (program), and extends the grades of eligibility for the program to students through the twelfth grade.

For the 2019-20 state fiscal year, $463,729 is appropriated to the department of education from the general fund for the implementation of the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/10/2019 Governor Signed

HB19-1176 Health Care Cost Savings Act of 2019 
Position:
Short Title: Health Care Cost Savings Act of 2019
Sponsors: E. Sirota (D) | S. Jaquez Lewis (D) / M. Foote (D)
Summary:

Health care cost analysis task force - creation - analysis of health care financing systems - report - gifts, grants, and donations - repeal - appropriation. The act creates the health care cost analysis task force (task force). The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint one legislative member to the task force. The governor shall appoint 4 members to the task force. The executive directors of the departments of human services, public health and environment, and health care policy and financing, or their designees, also serve on the task force.

The task force is required to issue a competitive solicitation in order to select an analyst to provide a detailed analysis of fiscal costs and other impacts to 3 health care financing systems. The health care financing systems to be analyzed are:

  • The current health care financing system, in which residents receive health care coverage from private and public insurance carriers or are uninsured;
  • A multi-payer universal health care system, in which all residents of Colorado are covered under a plan with a mandated set of benefits that is publicly funded and paid for by employer and employee contributions; and
  • A publicly financed and privately delivered universal health care system that directly compensates providers.

The analyst may use the same specified criteria when conducting the analysis of each health care financing system.

The task force is required to report the findings of the analyst to the general assembly.

The task force may seek, accept, and expend gifts, grants, and donations for the analysis. The general assembly may appropriate money to the health care cost analysis cash fund for the purposes of the task force, the analysis, and reporting requirements.

The act appropriates $92,649 to the department of health care policy and financing from the general fund to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed

HB19-1177 Extreme Risk Protection Orders 
Position: Support
Short Title: Extreme Risk Protection Orders
Sponsors: T. Sullivan (D) | A. Garnett (D) / L. Court (D) | B. Pettersen (D)
Summary:

Firearms - extreme risk protection order - petition requirements - hearings - firearm surrender options - termination hearing - appropriation. The act creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning on January 1, 2020. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed.

After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. The court shall appoint counsel to represent the respondent at the hearing. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO prohibits the respondent from possessing, controlling, purchasing, or receiving a firearm for 364 days.

Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer, or, if the firearm is an antique or relic or curio, the firearm may be surrendered to a family member who is eligible to possess a firearm and who does not reside with the respondent. If a person other than the respondent is determined to be the lawful owner of any firearms surrendered to law enforcement, the firearm must be returned to him or her.

The respondent can motion the court once during the 364-day ERPO for a hearing to terminate the ERPO. The respondent has the burden of proof at a termination hearing. The court shall terminate the ERPO if the respondent establishes by clear and convincing evidence that he or she no longer poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The court may continue the hearing if the court cannot issue an order for termination at that time but believes there is a strong possibility the court could issue a termination order prior to the expiration of the ERPO.

The petitioner requesting the original ERPO may request an extension of the ERPO before it expires. The petitioner must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned within 3 days of the respondent requesting return.

The act requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing shall provide statistics related to petitions for ERPOs.

The act appropriates $119,392 from the general fund to the judicial department for court costs, jury costs, and court-appointed counsel costs.


(Note: This summary applies to this bill as enacted.)

Status: 4/12/2019 Governor Signed

HB19-1187 Increase Student Aid Application Completion Rates 
Position:
Short Title: Increase Student Aid Application Completion Rates
Sponsors: J. Coleman (D) / J. Bridges (D)
Summary:

School counselor corps grant program - applications for federal or state student aid - appropriation. The act requires the general assembly to appropriate $250,000 each year for the 2019-20, 2020-21, and 2021-22 fiscal years from the general fund to the state board of education. The state board of education shall distribute the appropriation to education providers that receive a grant under the school counselor corps grant program for the purpose of educating and supporting students and families in completing and submitting the free application for federal student aid or applications for state student aid.
(Note: This summary applies to this bill as enacted.)

Status: 5/13/2019 Governor Signed

HB19-1189 Wage Garnishment Reform 
Position:
Short Title: Wage Garnishment Reform
Sponsors: M. Gray (D) | A. Valdez (D) / J. Bridges (D) | R. Fields (D)
Summary:

Wage garnishment - disposable earnings - hardship exemption - notice - applicability. Under current law, the amount of an individual's disposable earnings subject to garnishment is either 25% of the individual's disposable weekly earnings or the amount by which an individual's disposable earnings for a week exceed 30 times the state or federal minimum wage, whichever is less. The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage.

Currently, the cost of court-ordered health insurance for a child provided by an individual is deducted from the individual's disposable earnings subject to garnishment. The act also deducts from an individual's disposable earnings subject to garnishment the cost of any health insurance that is provided by the individual's employer and voluntarily withheld from the individual's earnings.

The act creates an exemption that would permit individuals to prove that the amount of their pay subject to garnishment should be further reduced or eliminated altogether if the individual can establish that such reductions are necessary to support the individual or the individual's family. The act also requires clearer and more timely notice to an individual whose wages are being garnished and gives the individual more time after receiving the notice before garnishment starts.

The act applies to all writs of garnishment issued on or after October 1, 2020, regardless of the date of the judgment that is basis of the writ of garnishment.


(Note: This summary applies to this bill as enacted.)

Status: 5/21/2019 Signed by Governor

HB19-1193 Behavioral Health Supports For High-risk Families 
Position: Support
Short Title: Behavioral Health Supports For High-risk Families
Sponsors: L. Herod (D) | R. Pelton (R) / L. Garcia (D)
Summary:

Access to behavioral health supports for high-risk families - pregnant and parenting women - high-risk families cash fund - child care services and substance use disorder treatment pilot program - regional mobile child care model - appropriation. The act amends existing programs that provide access to substance use disorder treatment to pregnant and parenting women up to one year postpartum. The act creates child care pilot programs for parenting women engaged in substance use disorder treatment. The act:

  • Encourages health care practitioners and county departments of human or social services to identify pregnant women and parenting women for a needs assessment to determine needed services;
  • Authorizes the state department of human services (state department) to use state money to provide residential substance use disorder treatment to pregnant and parenting women until such time as those services are covered under the state program of medical assistance and authorized under federal law;
  • Creates the high-risk families cash fund (cash fund) in the office of behavioral health in the state department to increase capacity for and provide services to high-risk parents, including pregnant and parenting women, and for services for high-risk children and youth with behavioral health disorders. The state treasurer shall transfer unencumbered money in the cash fund to certain programs listed in the act.
  • Creates the child care services and substance use disorder treatment pilot program (pilot program) as a two-generation initiative in the state department, and awards pilot program grants to enhance existing child care resource and referral programs and increase child care navigation capacity to serve pregnant and parenting women seeking or participating in substance use disorder treatment;
  • Awards pilot program grants to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women with a substance use disorder;
  • Awards pilot program grants to pilot a regional mobile child care model to serve young children of parenting women in substance use disorder treatment;
  • Requires an annual appropriation of $500,000 for 3 fiscal years for the pilot program, and requires annual reporting to the general assembly concerning the pilot program. Any money not expended for the pilot program will be transferred to the high-risk families cash fund.
  • Prohibits the admission into evidence in criminal proceedings information relating to substance use during pregnancy, with certain exceptions, that is obtained as part of providing postpartum care for up to one year postpartum or disclosed while women are seeking or participating in behavioral health treatment.

For the 2019-20 state fiscal year, the bill appropriates $500,000 from the general fund to the department of human services, office of early childhood, to implement the child care services and substance use disorder treatment pilot program.


(Note: This summary applies to this bill as enacted.)

Status: 5/23/2019 Governor Signed

HB19-1210 Local Government Minimum Wage 
Position: Support
Short Title: Local Government Minimum Wage
Sponsors: J. Melton (D) | R. Galindo / J. Danielson (D) | D. Moreno (D)
Summary:

Minimum wage - local government to establish - limitations - enforcement - reports - eligible nursing facility provider reimbursement. The act allows a unit of local government to establish a minimum wage for individuals performing, or expected to perform, 4 or more hours of work for an employer in the local government's jurisdiction.

A minimum wage established by a local government is subject to the following limitations:

  • Prior to enacting a minimum wage law, the local government is required to consult with surrounding local governments and various stakeholders;
  • A minimum wage established by a local government must provide a tip offset equal to the tip offset provided in the state constitution;
  • The minimum wage law must not apply to time spent in a local government's jurisdiction solely for the purpose of traveling through the jurisdiction to a destination outside of the local government's boundaries;
  • All employed adult employees and emancipated minors shall be paid not less than the enacted minimum wage;
  • A local minimum wage increase must take effect on the same date as a scheduled increase to the statewide minimum wage; and
  • If a local minimum wage exceeds the statewide minimum wage, the local government may only increase the local minimum wage each year by up to $1.75 or 15%, whichever is higher.

A local government that enacts a minimum wage law may adopt provisions for the local enforcement of the law.

By July 1, 2021, the executive director of the department of labor and employment is required to issue a written report regarding local minimum wage laws in the state. If notified by the executive director of the department of labor and employment that a local government has enacted a minimum wage that exceeds the statewide minimum wage, the executive director of the department of health care policy and financing is required to submit a report to the joint budget committee with certain recommendations related to provider rates.

If 10% of local governments enact local minimum wage laws, a local government that has not enacted a local minimum wage law is prohibited from enacting a local minimum wage law until the general assembly has given authorization for additional local minimum wage laws by amending this act.

The executive director of the department of health care policy and financing is required to establish a process for eligible nursing facility providers to apply for a local minimum wage enhancement payment to be used to increase the compensation of its employees whenever a local government increases its minimum wage above the statewide minimum wage.


(Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

HB19-1220 Court Facility Dog During Witness Testimony 
Position:
Short Title: Court Facility Dog During Witness Testimony
Sponsors: T. Sullivan (D) / R. Fields (D)
Summary:

Court facility dog - requirements - jury instruction. The act allows a court, upon motion of a party or upon its own motion, to allow a witness to testify during criminal proceedings while a court facility dog is in the courtroom if certain conditions are satisfied.

The act requires a court facility dog to have graduated from training in providing support to witnesses testifying during proceedings without causing a distraction during proceedings. The training must be provided by a properly accredited organization.

The act allows the court discretion to instruct the jury, if a jury instruction is requested by a party who objected to the presence of the court facility dog or upon agreement of the parties, on the role of the court facility dog so that the presence of the court facility dog does not improperly influence the jury.

The act clarifies that nothing in the act precludes or interferes with the rights of a qualified individual with a disability who is accompanied by a service animal pursuant to state or federal law.


(Note: This summary applies to this bill as enacted.)

Status: 5/1/2019 Governor Signed

HB19-1224 Free Menstrual Hygiene Products In Custody 
Position: Support
Short Title: Free Menstrual Hygiene Products In Custody
Sponsors: L. Herod (D) / F. Winter (D)
Summary:

Facilities - menstrual hygiene products. The act requires the following facilities to provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody:

  • Local jails, multijurisdictional jails, and municipal jails;
  • Correctional facilities and private contract prisons; and
  • Department of human services facilities.

The act prohibits any facility required to provide menstrual hygiene products pursuant to the act from imposing any condition or restriction on a person's access to menstrual hygiene products.

The act requires cities and counties that are seeking reimbursement from the state for maintaining people in a local jail after their sentence to the department of corrections' custody to annually report costs of menstrual hygiene products to the joint budget committee.


(Note: This summary applies to this bill as enacted.)

Status: 4/25/2019 Governor Signed

HB19-1239 Census Outreach Grant Program 
Position:
Short Title: Census Outreach Grant Program
Sponsors: K. Tipper (D) | Y. Caraveo (D) / K. Priola (R) | F. Winter (D)
Summary:

Census outreach grant program - department of local affairs - division of local government - appropriation. The 2020 census outreach grant program (grant program) is created in the division of local government (division) in the department of local affairs (department) to provide grants to local governments, intergovernmental agencies, councils of government, housing authorities, school districts, nonprofit organizations, the Southern Ute Indian Tribe, and the Ute Mountain Ute Tribe (eligible recipients) to support the accurate counting of the population of the state for the 2020 census.

The department, in coordination with the grant program committee (committee), which is also created in the division, is required to implement and administer the grant program and to develop policies and procedures necessary for such implementation and administration. The committee consists of 5 members, one of whom is appointed by the secretary of state and 4 of whom are appointed, one each, by the speaker of the house of representatives, the president of the senate, and the minority leaders of the house of representatives and the senate, although such appointees may not be members of the general assembly.

Eligible recipients may use grant money to conduct 2020 census outreach, promotion, and education to focus on hard-to-count communities in the state and to increase the self-response rate and accuracy of the 2020 census. Eligible recipients may also use grant money to further award grants to other local governments, intergovernmental agencies, councils of government, housing authorities, school districts, or nonprofit organizations.

To receive a grant, an eligible recipient must submit an application to the department in accordance with the policies and procedures developed by the department. The committee is required to review the applications received and to make recommendations to the department regarding which grant applications to approve. In developing its recommendations, the committee is required to consider whether the eligible recipient will be conducting outreach in hard-to-count communities and the size and geographic and demographic diversity of the hard-to-count communities in which outreach, education, and promotion of the 2020 census will occur as provided by all eligible recipients that receive grant money.

The department is required to award grants for the purposes of the grant program on or before November 1, 2019, and to distribute the grant money to eligible recipients that were awarded grants within 30 days after the grants are awarded. In addition to money appropriated by the general assembly, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources for the purposes of the grant program.

Each eligible recipient that received a grant through the grant program is required to submit 2 reports to the department including information to be determined by the department. The department is required to submit 2 reports to the local government committees of the senate and the house of representatives, or any successor committees, and to the governor regarding the census outreach conducted through the grant program.

On or before May 1, 2026, and on or before May 1 every 10 years thereafter, the department and the office of the governor are required to develop a strategic action plan, including a discussion of necessary funding for the plan, for outreach and promotion for a successful count of the population in Colorado during the upcoming decennial census.

For the 2019-20 state fiscal year, $6 million from the general fund is appropriated to the department for use by the division for the direct and indirect costs of administering the grant program.


(Note: This summary applies to this bill as enacted.)

Status: 5/23/2019 Governor Signed

HB19-1250 Sexual Assault While In Custody Or Detained 
Position:
Short Title: Sexual Assault While In Custody Or Detained
Sponsors: L. Herod (D) / J. Danielson (D)
Summary:

Unlawful sexual conduct by a peace officer - new offense - sex offender registration required - appropriation - applicability. The act creates the offense of unlawful sexual conduct by a peace officer. A peace officer commits the offense when he or she knowingly engages in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances:

  • When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties;
  • When the peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or
  • In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.

Unlawful sexual conduct by a peace officer is a class 4 felony when the offense is committed by sexual contact and is a class 3 felony when the offense is committed by sexual intrusion or sexual penetration. An offender convicted of unlawful sexual conduct by a peace officer is required to register as a sex offender. An offender convicted of class 3 felony unlawful sexual conduct by a peace officer is subject to lifetime supervision.

To comply with the statutorily required 5-year prison appropriation, the act appropriates:

  • For the 2019-20 state fiscal year, $178,471 from the capital construction fund to the corrections expansion reserve fund;
  • For the 2020-21 state fiscal year, $39,701 to the department of corrections from the general fund;
  • For the 2021-22 state fiscal year, $43,916 to the department of corrections from the general fund;
  • For the 2022-23 state fiscal year, $43,311 to the department of corrections from the general fund;
  • For the 2023-24 state fiscal year, $41,491 to the department of corrections from the general fund.
    (Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

HB19-1257 Voter Approval To Retain Revenue For Ed & Transp 
Position:
Short Title: Voter Approval To Retain Revenue For Ed & Transp
Sponsors: K. Becker (D) | J. McCluskie (D) / L. Court (D) | K. Priola (R)
Summary:

Excess state revenues - retain and spend - voter-approved revenue change - November 2019 election - public schools, higher education, and roads, bridges, and transit - annual audit. Contingent on voters' approval at the statewide election held on November 5, 2019, the act authorizes the state to annually retain and spend all state revenues in excess of the constitutional limitation on state fiscal year spending that it would otherwise be required to refund. An amount of money equal to the state revenues so retained is designated as part of the general fund exempt account and the general assembly is required to appropriate or the state treasurer is required to transfer this money to provide funding for:

  • Public schools;
  • Higher education; and
  • Roads, bridges, and transit.

The state auditor is required to contract with a private entity to annually conduct a financial audit regarding the use of the money that the state retains and spends under this measure.

Adopted by the General Assembly: April 29, 2019

NOTE: On November 5, 2019, the secretary of state shall submit this act by its ballot title to the registered electors of the state for their approval or rejection. Except as otherwise provided in section 1-40-123, Colorado Revised Statutes, if a majority of the electors voting on the ballot title vote "Yes/For", then the act will become part of the Colorado Revised Statutes.
(Note: This summary applies to this bill as enacted.)

Status: 6/5/2019 Sent to the Governor

HB19-1258 Allocate Voter-approved Revenue For Education & Transportation 
Position:
Short Title: Allocate Voter-approved Revenue For Education & Transportation
Sponsors: K. Becker (D) | J. McCluskie (D) / L. Court (D) | K. Priola (R)
Summary:

Retained excess state revenues - public schools, higher education, and roads, bridges, and transit - further allocation. The act is contingent on voters approving a related referred measure to annually retain and spend state revenues in excess of the constitutional spending limit. The act requires 1/3 of this money in the account to be allocated for each of the following purposes:

  • Public schools;
  • Higher education; and
  • Roads, bridges, and transit.

The general assembly is required to appropriate the money for public schools and higher education for the state fiscal year after the state retains the revenue under the authority of the voter-approved revenue change. The money appropriated for public schools must be distributed on a per pupil basis and used by public schools only for nonrecurring expenses for the purpose of improving classrooms, and it may not be used as part of a district reserve.

The state treasurer is required to transfer the remaining 1/3 of the money to the highway users tax fund (HUTF), and this money is further allocated 60% to the state highway fund, 22% to counties, and 18% to cities and incorporated towns. No more than 85% of the money allocated to the state highway fund may be expended for highway purposes or highway-related capital improvements and at least 15% must be expended for transit purposes or for transit-related capital improvements.


(Note: This summary applies to this bill as enacted.)

Status: 6/3/2019 Governor Signed

HB19-1262 State Funding For Full-day Kindergarten 
Position:
Short Title: State Funding For Full-day Kindergarten
Sponsors: J. Wilson (R) | B. McLachlan (D) / J. Bridges (D) | R. Fields (D)
Summary:

Full-day kindergarten - funding - appropriation. Before passage of the act, the school finance formula provided funding for half-day kindergarten educational programs plus a small additional amount of supplemental kindergarten funding. The act provides funding through the school finance formula for full-day kindergarten educational programs. A student enrolled in a full-day kindergarten educational program will be funded at the same amount as students enrolled full-time in other grades. A student enrolled in a half-day kindergarten educational program will be funded as a half-day student plus the existing amount of supplemental kindergarten funding.

Before passage of the act, many school districts charged parents of students enrolled in full-day kindergarten a fee to fund the full-day kindergarten educational program. After passage of the act, a school district or a charter school that provides a full-day kindergarten educational program shall not charge fees for attending kindergarten other than those fees that are routinely charged to parents of students enrolled in other grades and are applicable to the kindergarten educational program. However, if the general assembly stops funding kindergarten students as full-time pupils, then a school district or charter school may resume charging a fee or tuition for the unfunded portion of the school day.

Before passage of the act, a school district was authorized to use a half-day preschool position to enroll a child in full-day kindergarten. The act prohibits using a preschool position to enroll a child in full-day kindergarten. A school district that used preschool positions in this manner in the 2018-19 budget year will retain the positions in the 2019-20 budget year and budget years thereafter to the extent the school district fills the positions with preschool students.

The act directs a school district that is not offering a full-day kindergarten educational program as of the 2019-20 school year to submit a plan to the department of education addressing how it could phase in a full-day kindergarten educational program, but a school district is not required to offer a full-day kindergarten educational program.

If a charter school seeks to expand an existing half-day kindergarten educational program to full day, it must notify the charter authorizer and amend the charter contract, if necessary. If the authorizer objects to the program expansion, the charter school and the authorizer must negotiate a change to the charter contract. If the parties cannot agree, the charter school may appeal the issue to the state board of education for a determination. Any renegotiation of the charter school's contract must be limited to the issue of expanding the kindergarten educational program.

For the 2019-20 state fiscal year, the act appropriates $182,911,699 to the department of education for the state share of total program funding associated with full-day kindergarten programs. The act also appropriates $25,094 to the department of human services for child care licensing and administration.


(Note: This summary applies to this bill as enacted.)

Status: 5/21/2019 Governor Signed

HB19-1296 Prescription Drug Cost Reduction Measures 
Position:
Short Title: Prescription Drug Cost Reduction Measures
Sponsors: D. Jackson (D) | S. Jaquez Lewis (D) / J. Ginal (D) | K. Donovan (D)
Summary:

Section 1 of the bill enacts the "Colorado Prescription Drug Cost Reduction Act of 2019", which requires:

  • Health insurers, starting in 2020, to submit to the commissioner of insurance (commissioner) information regarding prescription drugs covered under their health insurance plans that the plan paid for in the preceding calendar year, including information about rebates received from prescription drug manufacturers, a certification regarding how rebates were accounted for in insurance premiums, and a list of all pharmacy benefit management firms (PBMs) with whom they contract;
  • Prescription drug manufacturers to notify the commissioner, state purchasers, health insurers, and PBMs when the manufacturer, on or after January 1, 2020, increases the price of certain prescription drugs by more than specified amounts or introduces a new specialty drug in the commercial market;
  • Prescription drug manufacturers, within 15 days after the end of each calendar quarter that starts on or after January 1, 2020, to provide specified information to the commissioner regarding the drugs about which the manufacturer notified purchasers;
  • Health insurers or, if applicable, PBMs to annually report specified information to the commissioner regarding rebates and administrative fees received from manufacturers for prescription drugs for which they received the required notice from a manufacturer; and
  • Certain nonprofit organizations to compile and submit to the commissioner an annual report indicating the amount of each payment, donation, subsidy, or thing of value received by the nonprofit organization or its executive director, chief operating officer, board of directors, or any member of the board of directors from a prescription drug manufacturer, PBM, or health insurer and the percentage of the nonprofit organization's total gross income that is attributable to those payments, donations, subsidies, or things of value.

The commissioner is required to post the information received from health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations on the division of insurance's website, excluding any information that is proprietary. Additionally, the commissioner, or a disinterested third-party contractor, is to analyze the data reported by health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations and other relevant information to determine the effect of prescription drug costs on health insurance premiums. The commissioner is to publish a report each year, submit the report to the governor and specified legislative committees, and present the report during annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill.

Section 2 prohibits PBMs from retroactively reducing payment on a clean claim submitted by a pharmacy unless the PBM determines, through an audit conducted in accordance with state law, that the claim was not a clean claim. Health insurers that contract with PBMs must ensure that the PBMs are complying with this prohibition and the reporting requirements and are subject to penalties for failure to do so.

Section 3 requires a carrier to reduce the cost sharing a covered person is required to pay for prescription drugs by an amount equal to the greater of 51% of the average aggregate rebates received by the carrier for all prescription drugs, including price protection rebates, or an amount that ensures cost sharing will not exceed 125% of the carrier's cost for the prescription drug.

Under sections 5 and 6 , a prescription drug manufacturer that fails to notify purchasers or fails to report required data to the commissioner is subject to discipline by the state board of pharmacy, including a penalty of up to $10,000 per day for each day the manufacturer fails to comply with the notice or reporting requirements. The commissioner is to report manufacturer violations to the state board of pharmacy. Additionally, health insurers that fail to report the required data are subject to a fine of up to $10,000 per day.

Sections 7 and 8 of the bill make conforming amendments necessary to harmonize the bill with the title 12 recodification bill, House Bill 19-1172.
(Note: This summary applies to this bill as introduced.)

Status: 5/9/2019 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed

HB19-1301 Health Insurance For Breast Imaging 
Position:
Short Title: Health Insurance For Breast Imaging
Sponsors: D. Michaelson Jenet (D) | J. Buckner (D) / A. Williams (D)
Summary:

Health insurance - required coverage - breast cancer screening with noninvasive imaging. The act requires health care coverage for breast cancer screening studies and subsequent breast imaging using the noninvasive imaging modality appropriate for each individual, as determined by the individual's health care provider, and within the appropriate use guidelines as determined by the American College of Radiology or the National Comprehensive Cancer Network.

The act applies to policies and contracts issued or renewed on or after January 1, 2021.


(Note: This summary applies to this bill as enacted.)

Status: 5/16/2019 Governor Signed

HB19-1309 Mobile Home Park Act Oversight 
Position: Support
Short Title: Mobile Home Park Act Oversight
Sponsors: E. Hooton (D) | J. McCluskie (D) / S. Fenberg (D) | P. Lee (D)
Summary:

Mobile Home Park Act - enforcement powers of local governments - added protections for mobile home owners - dispute resolution and enforcement program - powers of division of housing. The act provides protections for mobile home owners by:

  • Granting counties and municipalities the power to enact certain ordinances for mobile home parks;
  • Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or lease in a mobile home park; and
  • Extending the time a mobile home owner has to vacate a mobile home park after a court enters an eviction order.

The act also creates the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The program authorizes the division of housing in the department of local affairs to:

  • Register mobile home parks;
  • Collect a registration fee from mobile home parks;
  • Collect and annually report upon data related to disputes and violations of the "Mobile Home Park Act";
  • Produce and distribute educational materials concerning the Mobile Home Park Act and the program;
  • Create and maintain a database of mobile home parks;
  • Create and maintain a database to manage the program; and
  • Take complaints, conduct investigations, make determinations, impose penalties, and participate in administrative dispute resolutions when there are alleged violations of the Mobile Home Park Act.

For the 2019-20 state fiscal year, $22,073 is appropriated from cash funds received by the department of local affairs to the department of law and $130,065 is appropriated from cash funds received by the department of local affairs to the office of the governor for use by the office of information technology.


(Note: This summary applies to this bill as enacted.)

Status: 5/23/2019 Governor Signed

HB19-1312 School Immunization Requirements 
Position: Support
Short Title: School Immunization Requirements
Sponsors: K. Mullica (D) / J. Gonzales (D) | K. Priola (R)
Summary:

The bill requires the department of public health and environment (department) to:

  • Develop a standardized form and submission process to claim a medical exemption to an immunization; and
  • Develop a standardized form and submission process to claim a religious or personal belief exemption to an immunization.

The department is:

  • Required to develop educational materials regarding immunizations to distribute to health care providers and facilities;
  • Required to present immunization exemption information during its annual SMART Act hearing; and
  • Required to use the existing immunization tracking system.

The state board of health is:

  • Required to promulgate rules adopting the medical exemption recommendations from the advisory committee on immunization practices of the centers for disease control and prevention in the federal department of health and human services, or any successor entity (ACIP);
  • Required to promulgate rules adopting the the hepatitis A, rotavirus, and meningococcal immunizations; and
  • Allowed to promulgate rules establishing the timing by which schools, parents, legal guardians, and students must demonstrate compliance with immunization requirements.

Concerning the immunization tracking system, the bill:

  • Requires a licensed physician, physician assistant, or advanced practice nurse to inform a parent or legal guardian who is claiming a medical exemption that he or she may choose to exclude the student's immunization information from the immunization tracking system before the student's immunization data is sent to the immunization tracking system;
  • Requires the department or local or county, district, or municipal public health agency to inform a parent, legal guardian, or student who is claiming a religious or personal belief exemption that he or she may choose to exclude the student's immunization information from the immunization tracking system before the student's immunization data is sent to the immunization tracking system; and
  • Requires a practitioner who is a licensed physician, physician assistant, or advanced practice nurse to submit immunization and medical exemption data to the immunization tracking system. However, the practitioner is not subject to a regulatory sanction for noncompliance.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/2/2019 Senate Second Reading Special Order - Laid Over Daily - No Amendments

SB19-001 Expand Medication-assisted Treatment Pilot Program 
Position:
Short Title: Expand Medication-assisted Treatment Pilot Program
Sponsors: L. Garcia (D) / B. Buentello (D)
Summary:

Medication-assisted treatment expansion pilot program - extension - administration - additional counties to participate - funding increase - appropriation. In 2017, the general assembly enacted Senate Bill 17-074, concerning the creation of a pilot program in certain areas of the state experiencing high levels of opioid addiction to award grants to increase access to addiction treatment, which created a 2-year medication-assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties and directed the general assembly to appropriate $500,000 per year for the 2017-18 and 2018-19 fiscal years from the marijuana tax cash fund to the university of Colorado board of regents for allocation to the college of nursing to implement the pilot program. The 2017 act also scheduled the pilot program for repeal on June 30, 2020.

The act:

  • Expands the pilot program to the counties in the San Luis valley and 2 additional counties in which a need is demonstrated;
  • Shifts responsibility to administer the pilot program from the college of nursing to the center for research into substance use disorder prevention, treatment, and recovery support strategies;
  • Adds representatives from the San Luis valley and any other counties selected to participate in the pilot program and members from the boards of county commissioners from participating counties to the advisory board that assists in administering the program;
  • Increases the annual appropriation for the pilot program to $2.5 million for the 2019-20 and 2020-21 fiscal years; and
  • Extends the program an additional 2 years.

The act appropriates $2.5 million from the marijuana tax cash fund to the department of higher education for use by the board of regents of the university of Colorado to allocate to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the MAT expansion pilot program.


(Note: This summary applies to this bill as enacted.)

Status: 5/14/2019 Governor Signed

SB19-002 Regulate Student Education Loan Servicers 
Position: Support
Short Title: Regulate Student Education Loan Servicers
Sponsors: F. Winter (D) | S. Fenberg (D) / D. Roberts (D) | D. Jackson (D)
Summary:

Student loan servicers - license requirement - regulation by assistant attorney general - appropriation. The act requires an entity that services a student education loan owned by a Colorado resident to be licensed by the administrator of the "Uniform Consumer Credit Code". "Servicing" means receiving a scheduled periodic payment from a student loan borrower, applying the payments of principal and interest with respect to the amounts received from a student loan borrower, and similar administrative services. The act specifies particular acts that are required of or prohibited by student loan servicers and the administrator's powers and duties. Violation of the licensing law is a deceptive trade practice. The act also creates a student loan ombudsperson to provide timely assistance to student loan borrowers.

$115,273 is appropriated to the department of law from the general fund to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/13/2019 Governor Signed

SB19-004 Address High-cost Health Insurance Pilot Program 
Position:
Short Title: Address High-cost Health Insurance Pilot Program
Sponsors: K. Donovan (D) / D. Roberts (D) | J. McCluskie (D)
Summary:

Health care cooperatives - consumer protections - consumers negotiating rates.

The act modernizes laws authorizing health care cooperatives in the state to incorporate consumer protections such as coverage for preexisting conditions and to encourage consumers to help control health care costs by negotiating rates on a collective basis directly with providers. The act authorizes the commissioner of insurance to apply for a federal waiver as necessary to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/17/2019 Governor Signed

SB19-005 Import Prescription Drugs From Canada 
Position:
Short Title: Import Prescription Drugs From Canada
Sponsors: R. Rodriguez (D) | J. Ginal (D) / S. Jaquez Lewis (D)
Summary:

Prescription drugs - Canadian prescription drug importation program - federal approval - eligible importers and suppliers - eligible prescription drugs - distribution requirements - reports - rules - appropriations. The act creates the "Canadian Prescription Drug Importation Program" (program) in the department of health care policy and financing (department). On or before September 1, 2020, the department shall submit a request to the United States secretary of health and human services for approval of the program. The department shall begin operating the program not later than 6 months after receiving such approval. The department may expend money for the purpose of requesting approval of the program, but the department cannot spend any other money to implement the program until the department receives approval of the program.

Upon receiving approval of the program, the department shall contract with 1 or more vendors to provide services under the program. Each vendor, in consultation with the department and any other vendors, shall establish a wholesale prescription drug importation list (importation list) that identifies the prescription drugs that have the highest potential for cost savings to the state. Each vendor shall revise the list at least annually and at the direction of the department. The department shall review the importation list at least every 3 months to ensure that it continues to meet the requirements of the program. The department may direct a vendor to revise the list, as necessary.

Each vendor shall:

  • Identify, in consultation with the department, Canadian suppliers who are in full compliance with relevant Canadian federal and provincial laws and regulations and who have agreed to export prescription drugs identified on the importation list;
  • Verify that such Canadian suppliers meet the requirements of the program and will export prescription drugs at prices that provide cost savings to the state;
  • Contract with such eligible Canadian suppliers, or facilitate contracts between eligible importers and Canadian suppliers, to import prescription drugs under the program;
  • Assist the department in developing and administering a distribution program within the program;
  • Assist the department with the preparation of an annual report and provide any information requested by the department for the report;
  • Ensure the safety and quality of drugs imported under the program;
  • Maintain a list of all eligible importers that participate in the program;
  • Ensure compliance with the federal "Drug Quality and Security Act" by all Canadian suppliers, eligible importers, distributors, and other participants in the program;
  • Provide an annual financial audit of its operations to the department;
  • Provide to the department quarterly financial reports specific to the program, which reports must include information concerning the performance of the vendor's subcontractors and vendors;
  • Submit evidence of a surety bond in an amount of at least $25,000 with any bid or initial contract negotiation documents and maintain documentation of evidence of the surety bond with the department throughout the contract term; and
  • Maintain the information and documentation submitted to the department for at least 7 years.

The act imposes certain requirements for drugs that are imported under the program, and the act prohibits certain drugs from being imported under the program.

The act states that the following entities are eligible importers under the program:

  • A pharmacist or wholesaler employed by or under contract with a medicaid pharmacy, for dispensing to the pharmacy's medicaid recipients;
  • A pharmacist or wholesaler employed by or under contract with the department of corrections, for dispensing to inmates in the custody of the department of corrections;
  • Commercial plans, as defined by rules promulgated by the medical services board and as approved by the federal government; and
  • A licensed Colorado pharmacist or wholesaler approved by the department.

An eligible importer may import a prescription drug from a Canadian supplier if:

  • The drug meets federal food and drug administration standards and is not a controlled substance, biological product, infused or intravenously injected drug, a drug that is inhaled during surgery, or a parenteral drug deemed a threat to public health; and
  • Importing the drug is expected to generate cost savings and would not violate federal patent laws.

The act requires the department to designate an office or division that must be a licensed pharmaceutical wholesaler or that shall contract with a licensed pharmaceutical wholesaler. The designated office shall:

  • Set a maximum profit margin so that a wholesaler, distributor, pharmacy, or other licensed provider participating in the program maintains a profit margin that is no greater than the profit margin that the wholesaler, distributor, pharmacy, or other licensed provider would have earned on the equivalent nonimported drug;
  • Exclude generic products if the importation of the products would violate United States patent laws applicable to United States-branded products;
  • Comply with certain federal requirements concerning drug quality and security; and
  • Determine a method for covering the administrative costs of the program.

Each participating eligible importer and Canadian supplier shall submit to the vendor specified information about each drug to be acquired by the importer or to be supplied by the Canadian supplier under the program.

The department shall immediately suspend the importation of a specific drug or the importation of drugs by a specific eligible importer if it discovers that any drug or activity is in violation of the act or any federal or state law or regulation. The department may revoke the suspension if, after conducting an investigation, it determines that the public is adequately protected from counterfeit or unsafe drugs being imported into this state.

The executive director of the department shall promulgate rules as necessary for the administration of the program. The department shall approve a method of financing the administrative costs of the program, which method may include imposing a fee on each prescription pharmaceutical product sold through the program or any other appropriate method determined by the department to finance administrative costs. The department shall not require a fee in an amount that the department determines would significantly reduce consumer savings.

On or before December 1, 2021, and on or before December 1 each year thereafter, the department shall submit a report to the governor, the president of the senate, and the speaker of the house of representatives concerning the operation of the program during the previous fiscal year.

For the 2019-20 fiscal year, the act appropriates $1,041,802 to the department to implement the act, $134,719 of which is reappropriated to the department of law to provide legal services to the department.


(Note: This summary applies to this bill as enacted.)

Status: 5/15/2019 Signed by Governor

SB19-007 Prevent Sexual Misconduct At Higher Ed Campuses 
Position: Monitor
Short Title: Prevent Sexual Misconduct At Higher Ed Campuses
Sponsors: B. Pettersen (D) | F. Winter (D) / B. McLachlan (D) | J. Buckner (D)
Summary:

Sexual misconduct - policies - training - reports - biennial summits - advisory committee. The act requires each institution of higher education (institution) to adopt, periodically review, and update a policy on sexual misconduct (policy). The act establishes minimum requirements for the policies, including reporting options, procedures for investigations and adjudications, and protections for involved persons. Institutions shall promote the policy by posting information on their websites and annually distributing the policy and information.

Institutions are required to provide training on awareness and prevention of sexual misconduct, the policy, and resources available to discuss such misconduct.

The act requires institutions to report to the department of higher education (department) on their policies and training, and the department shall post the reports on its website and report to the general assembly during its SMART Act hearing.

The department shall host biennial summits on sexual misconduct on institution campuses to facilitate communication, share information, and hear from experts. The act identifies the membership of the planning committee for the summits. The planning committees shall report to specified committees of the general assembly on the summits.

The act creates a sexual misconduct advisory committee to make recommendations to the general assembly and institutions on sexual misconduct policies at institutions following the promulgation of new federal rules by the federal department of education and annually thereafter.


(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed

SB19-008 Substance Use Disorder Treatment In Criminal Justice System 
Position:
Short Title: Substance Use Disorder Treatment In Criminal Justice System
Sponsors: K. Priola (R) | B. Pettersen (D)
Summary:

Substance use disorders - alternatives to arrest and criminal charges for persons in need of substance use treatment - treatment in prisons and jails - record sealing - harm reduction program - appropriation. The act enacts policies related to the involvement of persons with substance use disorders in the criminal justice system. The Colorado commission on criminal and juvenile justice is required to study and make recommendations concerning:

  • Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses;
  • Best practices for investigating unlawful opioid distribution in Colorado; and
  • A process for automatically sealing criminal records for drug offense convictions.

Jails that receive funding through the jail-based behavioral health services program must have a policy in place on or before January 1, 2020, that describes how medication-assisted treatment will be provided, when necessary, to individuals in the jail. The jail may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment.

The department of corrections (DOC) is required to allow medication-assisted treatment to be provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC. The DOC may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment.

The act adds to an existing legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low-level drug offenses.

The act creates a simplified process for sealing convictions for level 4 drug felonies, all drug misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and upon court order. This provision of the act is contingent upon House Bill 19-1275 being enacted and becoming law.

The harm reduction grant program is established to reduce health risks associated with drug use and improve coordination between law enforcement agencies, public health agencies, and community-based organizations. Grants may be awarded to nonprofit organizations, public health agencies, and law enforcement agencies. The department of regulatory agencies shall review the grant program prior to its scheduled repeal in 2024.

The following appropriations are made for the 2019-20 state fiscal year:

  • $1,963,832 is appropriated from the general fund to the department of human services for use by the office of behavioral health;
  • $492,750 is appropriated from the general fund to the department of corrections;
  • $1,800,000 is appropriated from the marijuana tax cash fund to the harm reduction grant program, which the department of public health and environment is responsible for the accounting related to such appropriation; and
  • $40,300 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for administrative services.
    (Note: This summary applies to this bill as enacted.)

Status: 5/23/2019 Governor Signed

SB19-012 Use Of Mobile Electronic Devices While Driving 
Position:
Short Title: Use Of Mobile Electronic Devices While Driving
Sponsors: L. Court (D) / J. Melton (D)
Summary:

Current law prohibits the use of wireless telephones while driving for individuals who are younger than 18 years of age. The bill:

  • Extends the prohibition to drivers of all ages;
  • Extends the existing prohibition of the use of wireless telephones to include all mobile electronic devices;
  • Establishes the penalties as $50 and 2 points for a first violation, $100 and 2 points for a second violation, $200 and 4 points for a third or subsequent violation, and $300 and 4 points if the violation involves text messaging;
  • Creates an exception to the prohibition of the use of mobile electronic devices for adult drivers who use a mobile electronic device while a hands-free accessory is engaged; and
  • Repeals a sentence enhancement for a violation that causes bodily injury or death.

Appropriates $7,425 to the department of revenue to implement the bill.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/16/2019 House Committee on Judiciary Postpone Indefinitely

SB19-015 Create Statewide Health Care Review Committee 
Position:
Short Title: Create Statewide Health Care Review Committee
Sponsors: J. Ginal (D) / S. Beckman (R) | C. Kipp (D)
Summary:

Statewide health care review committee - creation - membership - duties - appropriation. The act recreates the former health care task force, renamed as the statewide health care review committee, to study health care issues that affect Colorado residents. The committee consists of no more than 10 of the members from the house of representatives committees on health and insurance and public health care and human services and the senate committee on health and human services. The committee may hold 2 meetings during the interim between legislative sessions, each of which may be a field trip.

$16,062 is appropriated from the general fund to the legislative department to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/30/2019 Governor Signed

SB19-025 Information To Students Regarding Safe Haven Laws 
Position:
Short Title: Information To Students Regarding Safe Haven Laws
Sponsors: J. Smallwood (R) / E. Hooton (D)
Summary:

Safe haven program - information - comprehensive health education in schools. If a school district, charter school, institute charter school, or board of cooperative services (school) chooses to provide a local comprehensive health education program pursuant to article 25 of title 22, Colorado Revised Statutes, the school's curriculum must include information relating to state laws that provide for the safe abandonment of newborn children to specific persons, including firefighters and clinic or hospital staff, within 72 hours of birth.
(Note: This summary applies to this bill as enacted.)

Status: 3/25/2019 Governor Signed

SB19-030 Remedying Improper Guilty Pleas 
Position:
Short Title: Remedying Improper Guilty Pleas
Sponsors: J. Gonzales (D) / K. Tipper (D)
Summary:

Failure to advise consequences of guilty pleas or dismissal of charges - unconstitutionality - procedure - appropriation. The act finds that some criminal defendants who, when they entered a guilty plea in connection with a deferred judgment or had charges related to drugs dismissed under a since repealed provision of law, were not advised that there may be adverse immigration consequences that attach to the plea even if the plea is later withdrawn and the case is dismissed. These defendants did not knowingly, intelligently, and voluntarily enter the plea of guilty as required by law or understand the consequences of the dismissal. The act authorizes these persons to petition the court for an order vacating the guilty plea and establishes procedures for such petitions.

The act appropriates $543,461 to the judicial department for trial court programs and $55,139 to the department of law for use by the appellate unit.


(Note: This summary applies to this bill as enacted.)

Status: 5/29/2019 Signed by Governor

SB19-031 Child Welfare Allocations Committee Composition 
Position:
Short Title: Child Welfare Allocations Committee Composition
Sponsors: B. Gardner (R) / S. Lontine (D) | L. Liston (R)
Summary:

Child welfare allocations committee - membership composition. The act increases the number of voting members on the child welfare allocations committee (committee) who are appointed by county commissioners from 8 to 10. The act decreases the number of voting members on the committee who are appointed by the department of human services from 5 to 3. The act requires the 2 additional county commissioner appointed voting members to come from the 2 counties with the greatest percentage of the state's child welfare caseload, with one appointee coming from each county.

The act creates 2 nonvoting member positions on the committee who are appointed by the department of human services. The 2 nonvoting members must have knowledge and experience in the following areas, including but not limited to:

  • Federal funding related to child welfare;
  • The federal "Family First Prevention Services Act of 2018";
  • Interests of individuals with a disability; or
  • Interests of individuals experiencing poverty.
    (Note: This summary applies to this bill as enacted.)

Status: 4/8/2019 Governor Signed

SB19-034 Local Government Recycling Standards For Food Containers 
Position:
Short Title: Local Government Recycling Standards For Food Containers
Sponsors: D. Moreno (D) / J. Arndt (D)
Summary:

Currently, state law preempts local governments from restricting or mandating containers for any consumer products. The bill allows a local government to set a standard for a retail food establishment's use of ready-to-eat food containers that may be discarded through recycling or composting.
(Note: This summary applies to this bill as introduced.)

Status: 4/9/2019 Senate Committee on Local Government Postpone Indefinitely

SB19-036 State Court Administrator Reminder Program 
Position:
Short Title: State Court Administrator Reminder Program
Sponsors: P. Lee (D) | J. Cooke (R) / A. Benavidez (D) | T. Carver (R)
Summary:

State court administrator - court reminder program - appropriation. The state court administrator must administer a court reminder program (program) in district courts, county courts, and municipal courts that use the judicial department's case management system. The program must remind criminal defendants and juveniles who are alleged to have committed a delinquent act to appear at their scheduled hearings and provide reminders about unplanned court closures. The judicial department is required to include information about the program in its annual report to the general assembly.

A court that participates in the program and a person who serves a juvenile or the juvenile's parent with a summons or a written promise to appear in court must notify criminal defendants and juveniles and the juveniles' parents of the opportunity to provide a mobile telephone number that will be used by the court solely to provide text message reminders for future court dates and unplanned court closures. A summons that is issued in lieu of a warrant must advise the person summonsed that he or she may provide a phone number to receive such reminders.

A phone number collected for the express purpose of administering the program must be kept separate from other identifying information and must only be used to achieve the objectives of the program.

For the 2018-19 state fiscal year, $203,612 is appropriated to the judicial department from the general fund for information technology infrastructure.


(Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

SB19-041 Health Insurance Contract Carrier And Policyholder 
Position:
Short Title: Health Insurance Contract Carrier And Policyholder
Sponsors: J. Smallwood (R) / T. Kraft-Tharp (D)
Summary:

Health insurance - required contract provisions between a carrier and a health care provider - payment of premiums - provision of benefits. The act requires a contract for a health benefit plan between a carrier and a policyholder to state, as an alternative to existing premium payment requirements, that a policyholder must pay premiums to the carrier through the date that the individual covered under the policy is no longer eligible or covered if the policyholder notifies the carrier within 10 business days after the date of ineligibility or noncoverage because the individual left employment without notice to the employer or the employee was terminated for gross misconduct.

The act also clarifies that:

  • If the policyholder notifies the carrier within the 10-day period, the carrier is not required to provide benefits to the individual after the date that the individual is no longer eligible or covered; and
  • A carrier and a policyholder may agree to a different date where premium payments are not required.
    (Note: This summary applies to this bill as enacted.)

Status: 4/8/2019 Governor Signed

SB19-042 National Popular Vote 
Position:
Short Title: National Popular Vote
Sponsors: M. Foote (D) / E. Sirota (D) | J. Arndt (D)
Summary:

Interstate agreement to elect president of the United States by national popular vote. The act makes law and enters into with all other states joining therein the agreement among the states to elect the president of the United States by national popular vote (agreement). Among other provisions, the agreement:

  • Permits any state of the United States and the District of Columbia to become members of the agreement by enacting the agreement;
  • Requires each member state to conduct a statewide popular election for president and vice president of the United States;
  • Prior to the time set for the meeting and voting of presidential electors, requires the chief election official of each member state to determine the number of votes cast for each presidential slate in a statewide popular election and to designate the presidential slate with the largest national popular vote total as the national popular vote winner;
  • Requires the presidential elector certifying official of each member state to certify the appointment in that official's own state of the elector slate nominated in that state in association with the national popular vote winner. At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, the agreement requires each member state to make a final determination of the number of popular votes cast in the state for each presidential slate and to communicate an official statement of the determination within 24 hours to the chief election official of each other member state. The agreement also requires the chief election official of each member state to treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state's final determination conclusive as to the counting of electoral votes by congress.
  • Specifies that the agreement governs the appointment of presidential electors in each member state in any year in which the agreement is in effect on July 20 in states cumulatively possessing a majority of the electoral votes;
  • Permits a state's withdrawal from the agreement, except in limited circumstances;
  • Specifies that the agreement will terminate if the electoral college is abolished; and
  • Provides that the invalidity of any of the agreement's provisions do not affect the remaining provisions.

The act specifies that when the agreement becomes effective, it supersedes any conflicting provisions of Colorado law.

When the agreement becomes effective and governs the appointment of presidential electors, each presidential elector is required to vote for the presidential candidate and, by separate ballot, vice-presidential candidate nominated by the political party or political organization that nominated the presidential elector.


(Note: This summary applies to this bill as enacted.)

Status: 3/15/2019 Governor Signed

SB19-043 Increasing Number Of District Court Judges 
Position:
Short Title: Increasing Number Of District Court Judges
Sponsors: P. Lee (D) | B. Gardner (R) / L. Herod (D) | T. Carver (R)
Summary:

District court judges - increases - outreach position - reports - appropriation. The act increases by one the number of district court judges in the first, eighth, tenth, thirteenth, seventeenth, eighteenth, and twenty-first judicial districts; by 2 in the fourth and nineteenth judicial districts; and by 4 in the second judicial district.

The act creates a new position in the judicial department for outreach and education of judicial positions. The position provides reports to the chief justice and the judiciary committees of the senate and the house of representatives, or any successor committees, concerning the background, professional history, and qualifications of judicial officers. The act also requires the state court administrator to annually report to specified committees of the general assembly specified case management statistics.

The act appropriates $7,417,731 to the judicial department to implement the increased number of judges and the new position.


(Note: This summary applies to this bill as enacted.)

Status: 3/21/2019 Governor Signed

SB19-048 Protect Students From Harmful Material 
Position:
Short Title: Protect Students From Harmful Material
Sponsors: C. Holbert (R) / K. Ransom (R)
Summary:

The bill requires an entity that provides electronically accessible educational materials to a public school or school district to equip the materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene. A parent or legal guardian may bring a civil action against an entity that provides electronically accessible educational materials and that violates this requirement if the parent's child viewed material that is harmful to a child or obscene through the material provided by the entity. The parent or legal guardian is entitled to injunctive relief, the greater of a fine in the range of $1,000 to $5,000 for each violation or actual damages incurred as a result of each violation, exemplary damages, and reasonable attorney fees and costs. It is an affirmative defense if the entity equips the materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene.

The bill requires each school district or public school to ensure that any database provided by an entity accessible to students is equipped with computer software or a filter service that prohibits access to material that is harmful to children or obscene by that entity, and each computer or other electronic device that a student may have access to is equipped with computer software or a filter service that prohibits access to material that is harmful to children or obscene.


(Note: This summary applies to this bill as introduced.)

Status: 1/23/2019 Senate Committee on Judiciary Postpone Indefinitely

SB19-049 Statute Of Limitation Failure Report Child Abuse 
Position:
Short Title: Statute Of Limitation Failure Report Child Abuse
Sponsors: R. Fields (D) / D. Michaelson Jenet (D)
Summary:

Statute of limitations - failure to report child sexual abuse - 3 years. The act makes the statute of limitations 3 years for failure to report child abuse when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior.
(Note: This summary applies to this bill as enacted.)

Status: 3/28/2019 Governor Signed

SB19-062 Limit Agency Rule-making Authority To Amend Rules 
Position:
Short Title: Limit Agency Rule-making Authority To Amend Rules
Sponsors: J. Sonnenberg (R)
Summary:

The bill requires an executive agency with rule-making authority to obtain additional statutory rule-making authority to amend or reinterpret an existing rule unless the rule is amended or reinterpreted based on:

  • The rule's expiration or pending expiration as a result of its inclusion in the annual rule review bill; or
  • A determination that the existing rule has been rendered unconstitutional or otherwise in contravention of the law based on a court decision or changes made to state or federal statutes, federal regulations, or the state or federal constitution.

Any rule that an agency promulgates or reinterprets without complying with the requirement to obtain additional statutory rule-making authority is void.


(Note: This summary applies to this bill as introduced.)

Status: 1/28/2019 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

SB19-063 Infant And Family Child Care Action Plan 
Position:
Short Title: Infant And Family Child Care Action Plan
Sponsors: K. Priola (R) | T. Story (D) / B. Buentello (D) | A. Valdez (D)
Summary:

Early childhood leadership commission - infant and family child care strategic action plan. The act requires the department of human services (department), in consultation with the early childhood leadership commission (commission) and various stakeholders, to draft a strategic action plan addressing the declining availability of family child care homes and infant child care.

The act requires the department to submit the completed strategic action plan to the commission; the state board of human services; the joint budget committee; the health and human services and education committees of the senate, or any successor committees; and the public health care and human services and education committees of the house of representatives, or any successor committees, no later than December 1, 2019.

The act anticipates the department will receive $50,688 in federal funds to implement this act for the 2019-20 state fiscal year.


(Note: This summary applies to this bill as enacted.)

Status: 4/23/2019 Governor Signed

SB19-072 Bill Of Rights Protected Person Under Guardianship 
Position:
Short Title: Bill Of Rights Protected Person Under Guardianship
Sponsors: C. Holbert (R) / K. Ransom (R) | J. Melton (D)
Summary:

The bill establishes a bill of rights for persons who are protected through a legal guardianship relationship.


(Note: This summary applies to this bill as introduced.)

Status: 2/13/2019 Senate Committee on Judiciary Postpone Indefinitely

SB19-085 Equal Pay For Equal Work Act 
Position: Support
Short Title: Equal Pay For Equal Work Act
Sponsors: J. Danielson (D) | B. Pettersen (D) / J. Buckner (D) | S. Gonzales-Gutierrez (D)
Summary:

Wage discrimination based on sex - complaints - civil action - exceptions to prohibitions against wage differentials - prohibited acts of employer - employment announcements required - enforcement - rules. The act removes the authority of the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce wage discrimination complaints based on an employee's sex and instead authorizes the director to create and administer a process to accept and mediate complaints of, and provide legal resources concerning, alleged violations and to promulgate rules for this purpose. An aggrieved person may bring a civil action in district court to pursue remedies specified in the act.

The act allows exceptions to the prohibition against a wage differential based on sex if the employer demonstrates that a wage differential is not based on wage rate history and is based upon one or more of the following factors, so long as the employer applies the factors reasonably and they account for the entire wage rate differential:

  • A seniority system;
  • A merit system;
  • A system that measures earnings by quantity or quality of production;
  • The geographic location where the work is performed;
  • Education, training, or experience to the extent that they are reasonably related to the work in question; or
  • Travel, if the travel is a regular and necessary condition of the work performed.

The act prohibits an employer from:

  • Seeking the wage rate history of a prospective employee or requiring disclosure of wage rate as a condition of employment;
  • Relying on a prior wage rate to determine a wage rate;
  • Discriminating or retaliating against a prospective employee for failing to disclose the employee's wage rate history;
  • Discharging or retaliating against an employee for actions by an employee asserting the rights established by the act against an employer; or
  • Discharging, disciplining, discriminating against, or otherwise interfering with an employee for inquiring about, disclosing, or discussing the employee's wage rate.

The act requires an employer to announce to all employees employment advancement opportunities and job openings and the pay range for the openings. The director is authorized to enforce actions against an employer concerning transparency in pay and employment opportunities, including fines of between $500 and $10,000 per violation.

Employers are also required to maintain records of job descriptions and wage rate history for each employee while employed and for 2 years after the employment ends. Failure to maintain these records creates a rebuttable presumption, in a lawsuit alleging wage discrimination based on sex, that the records not maintained contained information favorable to the employee's claim.


(Note: This summary applies to this bill as enacted.)

Status: 5/22/2019 Governor Signed

SB19-100 Unauthorized Disclosure Of Intimate Images Act 
Position:
Short Title: Unauthorized Disclosure Of Intimate Images Act
Sponsors: B. Gardner (R) / K. Tipper (D)
Summary:

Uniform civil remedies for unauthorized disclosure of intimate images act. The act creates the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act". An individual whose body is shown in whole or in part in an intimate image and who has suffered harm from a person's intentional disclosure or threatened disclosure of that intimate image without the depicted individual's consent has a cause of action against that person if the person knew:

  • The depicted individual did not consent to the disclosure;
  • The intimate image was private; and
  • The depicted individual was identifiable.

The act provides an exception to the civil action if the disclosure is made in good faith under various circumstances or if the person disclosing the image is a parent or guardian and has not disclosed the image for purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

A successful plaintiff may recover:

  • The greater of:
  • Economic and noneconomic damages proximately caused by the defendant's disclosures or threatened disclosures, including damages for emotional distress whether or not accompanied by other damages; or
  • Statutory damages not to exceed $10,000 against each defendant found liable for all disclosures or threatened disclosures by the defendant;
  • An amount equal to the gain made by the defendant from disclosure of the intimate image if applicable;
  • Punitive damages;
  • Reasonable attorney fees and costs; and
  • Additional relief, including injunctive relief.

The civil action has a 6-year statute of limitation.


(Note: This summary applies to this bill as enacted.)

Status: 4/8/2019 Governor Signed

SB19-170 Inquiry Into College Applicant Criminal History 
Position:
Short Title: Inquiry Into College Applicant Criminal History
Sponsors: R. Rodriguez (D) | J. Tate (R) / L. Herod (D) | M. Soper (R)
Summary:

State institutions of higher education - application for admission - criminal or educational disciplinary history inquiry. A state institution of higher education (institution) is prohibited from inquiring, prior to admission, about an applicant's criminal history or disciplinary history at an elementary, secondary, or postsecondary institution (disciplinary history); except that the institution may inquire into the following:

  • An applicant's prior convictions or disciplinary history for stalking, sexual assault, and domestic violence;
  • An applicant's convictions within 5 years before submitting the application for assault, kidnapping, voluntary manslaughter, or murder; and
  • Any pending criminal charges against the applicant.

An institution that accepts a form of application that may be used to apply to other institutions is prohibited from considering any criminal or disciplinary history information provided on that application that the institution is prohibited from inquiring into on its own application. An institution that accepts a form of application that is designed by a national application service, tailored for admission to a specific degree program, and used in other states may consider criminal history information provided on that application.

An institution's review of an otherwise qualified applicant's disclosed criminal history or disciplinary history must be made in a reasonable amount of time. The institution shall provide an appeals process for an otherwise qualified applicant denied admission based on the applicant's criminal or disciplinary history.

An institution is required to post its policies regarding inquiries into an applicant's criminal and disciplinary history on its website and file such policies with the Colorado commission on higher education (commission). An institution shall notify the commission at least 30 days before making any changes to such policies.

An institution is permitted to inquire into an admitted student's criminal history when obtaining information pertaining to participation in campus life or student housing.


(Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

SB19-173 Colorado Secure Savings Plan Board 
Position:
Short Title: Colorado Secure Savings Plan Board
Sponsors: K. Donovan (D) | B. Pettersen (D) / T. Kraft-Tharp (D) | C. Hansen (D)
Summary:

Colorado secure savings plan - board - studies and analyses - report - appropriation. The Colorado secure savings plan board (board) is established to study the feasibility of creating the Colorado secure savings plan and other appropriate approaches to increase the amount of retirement savings by Colorado's private sector workers. The board consists of the state treasurer or the treasurer's designee and 8 additional trustees with certain experience who are appointed by the governor. The board is required to conduct the following 4 analyses or assessments by a specified date:

  • A detailed market and financial analysis to determine the financial feasibility and effectiveness of creating a retirement savings plan in the form of an automatic enrollment payroll deduction IRA, to be known as the Colorado secure savings plan;
  • A detailed market and financial analysis to determine the financial feasibility and effectiveness of a small business marketplace plan to increase the number of Colorado businesses that offer retirement savings plans for their employees;
  • An analysis of the effects that greater financial education among Colorado residents would have on increasing their retirement savings; and
  • An analysis of the effects that not increasing Coloradans' retirement savings would have on current and future state and local government expenditures.

The board may accept any gifts, grants, and donations, or any money from public or private entities to pay for the costs of the analyses. The board may delay implementation of one or more of the analyses if it does not obtain adequate money to conduct the analyses. If after conducting the analyses, the board finds that there are approaches to increasing retirement savings for private sector employees in a convenient, low-cost, and portable manner that are financially feasible and self-sustaining, the board is required to recommend a plan to implement its findings to the governor and the general assembly.

For the 2019-20 state fiscal year, $800,000 from the general fund is appropriated to the department of the treasury for the purpose of conducting the analyses or assessments, including operating expenses.


(Note: This summary applies to this bill as enacted.)

Status: 5/21/2019 Signed by Governor

SB19-177 Background Checks Persons Who Work With Children 
Position:
Short Title: Background Checks Persons Who Work With Children
Sponsors: J. Ginal (D) | D. Hisey (R) / J. Singer (D)
Summary:

Background checks - access to child abuse and neglect records - individuals who work with children - required fingerprint-based background checks. Current law specifies what entities and agencies have access to child abuse or neglect records and reports. The act adds to that list the department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include the care of children, treatment of children, supervision of children, or unsupervised contact with children.

The act requires a fingerprint-based criminal history record check for the following:

  • Child care center employees under 18 years of age;
  • Out-of-state employees working at a child care center in a temporary capacity; and
  • All owners, employees, volunteers, and adults residing in a family child care home.
    (Note: This summary applies to this bill as enacted.)

Status: 5/28/2019 Governor Signed

SB19-178 Program To Subsidize Adoption For Children And Youth 
Position:
Short Title: Program To Subsidize Adoption For Children And Youth
Sponsors: M. Foote (D) / J. Singer (D)
Summary:

Adoption assistance program - department of human services - appropriation. The act repeals and reenacts provisions of the state's adoption assistance program (adoption program) that provides cash subsidies and other noncash benefits to families who adopt eligible children and youth who might not otherwise be adopted in order to update the adoption program. The department of human services (state department) supervises the administration of the adoption program by county departments of human or social services (county departments).

The act outlines eligibility for the adoption program and the available benefits. Determination of the type and amount of benefits to be provided through the adoption program must take into consideration the circumstances of the adopting family and the needs of the eligible child or youth being adopted. Specific benefits for an adoption made through the adoption program are detailed in a written adoption assistance agreement (agreement). The terms of an agreement are negotiated among all parties involved. The agreement must be reviewed at least every 3 years but may be reviewed sooner at the request of the adoptive parents or the county department. The adoptive parents may appeal any decision made pursuant to the provisions of the adoption program with a hearing before an administrative law judge.

The act outlines the conditions under which adoption program subsidies may be suspended or terminated and under which the agreement may be terminated.

The state department is required to keep data on the adoption program to help evaluate the adoption program's ongoing effectiveness in providing stability to families involved in the adoption of eligible children and youth. As appropriate, the state department, a county department, or a nonprofit child placement agency is required to provide prospective adoptive families, at the time the family is matched, with information on the various benefits available through the adoption program.

For the 2019-20 state fiscal year, the act appropriates:

  • $42,143 from the general fund to the department of human services for information technology services relating to the TRAILS system, and anticipates the receipt of $18,061 in federal funds; and
  • $60,204 from reappropriated funds to the office of the governor, to provide information technology services to the department of human services.
    (Note: This summary applies to this bill as enacted.)

Status: 5/15/2019 Signed by Governor

SB19-180 Eviction Legal Defense Fund 
Position: Support
Short Title: Eviction Legal Defense Fund
Sponsors: F. Winter (D) / J. McCluskie (D)
Summary:

Forcible entry and detainer - legal aid services - eviction legal defense fund - appropriation. The act creates the eviction legal defense fund (fund). The state court administrator awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. The act lists permissible uses of grant money awarded from the fund.

Organizations that receive a grant from the fund are required to report to the state court administrator certain information about persons served and services provided by the organization. The state court administrator is required to evaluate the use of grants from the fund every 5 years and submit that evaluation to the general assembly.

For the 2019-20 state fiscal year, $750,000 is appropriated from the general fund to the eviction legal defense fund created through the act.


(Note: This summary applies to this bill as enacted.)

Status: 5/30/2019 Governor Signed

SB19-181 Protect Public Welfare Oil And Gas Operations 
Position: Support
Short Title: Protect Public Welfare Oil And Gas Operations
Sponsors: S. Fenberg (D) | M. Foote (D) / K. Becker (D) | Y. Caraveo (D)
Summary:

Oil and gas operations - air quality regulation - local government authority - oil and gas conservation commission - composition - authority - financial assurance requirements - pooling - appropriation. The act prioritizes the protection of public safety, health, welfare, and the environment in the regulation of the oil and gas industry by modifying the oil and gas statutes and by clarifying, reinforcing, or establishing various aspects of local governments' regulatory authority over the surface impacts of oil and gas development.

Current law specifies that local governments have so-called "House Bill 1041" powers, which are a type of land use authority over oil and gas mineral extraction areas, only if the Colorado oil and gas conservation commission (commission) has identified a specific area for designation. Sections 1 and 2 of the act repeal that limitation.

Section 3 directs the air quality control commission to review its rules to consider whether to adopt more stringent rules and to adopt rules to minimize emissions of methane and other hydrocarbons, volatile organic compounds, and oxides of nitrogen.

Section 4 clarifies that local governments have land use authority to regulate the siting of oil and gas locations to minimize adverse impacts to public safety, health, welfare, and the environment and to regulate land use and surface impacts, including the ability to inspect oil and gas facilities; impose fines for leaks, spills, and emissions; and impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and enforce local governmental requirements. Section 4 also allows a local government or oil and gas operator to request the director of the commission to convene a technical review board to evaluate the effect of the local government's preliminary or final determination on the operator's application.

Section 5 repeals an exemption for oil and gas production from counties' authority to regulate noise.

The remaining substantive sections of the act amend the "Oil and Gas Conservation Act" (Act). The legislative declaration for the Act states that it is in the public interest to "foster" the development of oil and gas resources in a manner "consistent" with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources; this has been construed to impose a balancing test between fostering oil and gas development and protecting public health, safety, and welfare. Section 6 states that the public interest is to "regulate" oil and gas development to "protect" those values.

Currently, the Act defines "waste" to include a diminution in the quantity of oil or gas that ultimately may be produced. Section 7 excludes from that definition the nonproduction of oil or gas as necessary to protect public health, safety, welfare, the environment, or wildlife resources. Section 7 also repeals the requirement that the commission take into consideration cost-effectiveness and technical feasibility with regard to actions and decisions taken to minimize adverse impacts and repeals the limitation of the term "minimize adverse impacts" to wildlife resources.

The 9-member commission currently includes the executive directors of the departments of natural resources and public health and environment as ex officio members, 3 members who must have substantial experience in the oil and gas industry, and one member who must have training or experience in environmental or wildlife protection. Section 8 reduces the number of industry members to one and requires one member with training or substantial experience in wildlife protection; one member with training or substantial experience in environmental protection; one member with training or substantial experience in soil conservation or reclamation or technical expertise relevant to the issues considered by the commission; one member who is an active agricultural producer or a royalty owner; and one member with training or substantial experience in public health. This version of the commission is repealed on the earlier of July 1, 2020, or the date on which 3 specific rules promulgated by the commission have become effective. On that date, section 9, which creates a professional 5-member commission (along with the 2 ex officio executive directors), becomes effective.

Section 10 requires the director of the commission to hire up to 2 deputy directors. Upon receipt of a request for a technical review, the director is required to appoint technical review board members.

The Act currently specifies that the commission has exclusive authority relating to the conservation of oil or gas. Section 11 clarifies that nothing in the Act alters, impairs, or negates the authority of:

  • The air quality control commission to regulate the air pollution associated with oil and gas operations;
  • The water quality control commission to regulate the discharge of water pollutants from oil and gas operations;
  • The state board of health to regulate the disposal of naturally occurring radioactive materials and technologically enhanced naturally occurring radioactive materials from oil and gas operations;
  • The solid and hazardous waste commission to regulate the disposal of hazardous waste and exploration and production waste from oil and gas operations; or
  • A local government to regulate land use related to oil and gas operations, including specifically the siting of an oil and gas location.

Currently, an operator first gets a permit from the commission to drill one or more wells within a drilling unit, which is located within a defined area, and then notifies the applicable local government of the proposed development and seeks any necessary local government approval. Section 12 requires operators to file, with the application for a permit to drill, either: Proof that the operator has already filed an application with the affected local government to approve the siting of the proposed oil and gas location and of the local government's disposition of the application; or proof that the affected local government does not regulate the siting of oil and gas locations. Section 12 also specifies that, until the commission has promulgated rules regarding 3 specific topics and the rules have become effective, the director may delay the final determination regarding a permit if the director, following a public comment period, determines that the permit requires additional analysis to ensure the protection of public health, safety, and welfare or the environment or requires additional local government or other state agency consultation.

Pursuant to commission rule, an operator may submit a statewide blanket financial assurance of $60,000 for fewer than 100 wells or $100,000 for 100 or more wells. Section 12 directs the commission to adopt rules that require financial assurance sufficient to provide adequate coverage for all applicable requirements of the Act. Current law allows the commission to set numerous fees used to administer the Act and sets a $200 or $100 cap on the fees. Section 12 eliminates the caps and requires the commission to set a permit application fee in an amount sufficient to recover the commission's reasonably foreseeable direct and indirect costs in conducting the analysis necessary to assure that permitted operations will be conducted in compliance with all applicable requirements of the Act.

Current law gives the commission the authority to regulate oil and gas operations so as to prevent and mitigate "significant" adverse environmental impacts to the extent necessary to protect public health, safety, and welfare, taking into consideration cost-effectiveness and technical feasibility. Section 12 requires the commission to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources and protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations. Section 12 also requires the commission to adopt rules that require alternate location analyses for oil and gas facilities that are proposed to be located near populated areas and that evaluate and address the cumulative impacts of oil and gas development. Finally, section 12 directs the commission to promulgate rules to:

  • Ensure proper wellbore integrity of all oil and gas production wells, including the use of nondestructive testing of weld joints and requiring certification of several categories of oil and gas workers;
  • Allow public disclosure of flowline information and to evaluate and determine when a deactivated flowline must be inspected before being reactivated; and
  • Evaluate and determine when inactive, temporarily abandoned, and shut-in wells must be inspected before being put into production or used for injection.

Section 13 modifies the commission's administrative procedures, including by taking into account determinations made by administrative law judges.

Current law authorizes "forced" or "statutory" pooling, a process by which "any interested person", typically an operator who has at least one lease or royalty interest, may apply to the commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt a pooling order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow the operator to produce the oil and gas within the drilling unit notwithstanding the owner's lack of consent. Section 14 requires that the owners of more than 45% of the mineral interests to be pooled must have joined in the application for a pooling order and that the application include either: Proof that the applicant has already filed an application with the affected local government to approve the siting of the proposed oil and gas facilities and of the local government's disposition of the application; or proof that the affected local government does not regulate the siting of oil and gas facilities. Section 14 also specifies that the operator cannot use the surface owned by a nonconsenting owner without permission from the nonconsenting owner.

Current law also sets the royalty that a nonconsenting owner is entitled to receive at 12.5% of the full royalty rate until the consenting owners have been fully reimbursed (out of the remaining 87.5% of the nonconsenting owner's royalty) for their costs. Section 14 raises a nonconsenting owner's royalty rate during this pay-back period from 12.5% to 13% for gas and 16% for oil and makes corresponding reductions of the portions of the nonconsenting owner's royalty from which the consenting owners' costs are paid.

Current law requires the commission to ensure that the 2-year average of the unobligated portion of the oil and gas conservation and environmental response fund does not exceed $6 million and that there is an adequate balance in the environmental response account in the fund to address environmental response needs. Section 15 directs the commission to ensure that the unobligated portion of the fund does not exceed 50% of total appropriations from the fund for the upcoming fiscal year and that there is an adequate balance in the account to support the operations of the commission and to address environmental response needs.

Section 16 specifies that for permit-specific conditions for wildlife habitat protection, the commission is required to consult with and obtain consent from a surface owner only if the permit-specific conditions directly impact the affected surface owner's property or use of that property.

Section 17 amends preemption law by specifying that both state agencies and local governments have authority to regulate oil and gas operations and establishes that local government requirements may be more protective or stricter than state requirements.

Section 18 appropriates $851,010 to the department of natural resources to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 4/16/2019 Governor Signed

SB19-182 Repeal The Death Penalty 
Position:
Short Title: Repeal The Death Penalty
Sponsors: A. Williams (D) | J. Gonzales (D) / J. Arndt (D) | A. Benavidez (D)
Summary:

The bill repeals the death penalty in Colorado for offenses charged on or after July 1, 2019, and makes conforming amendments.


(Note: This summary applies to this bill as introduced.)

Status: 4/2/2019 Senate Second Reading Laid Over to 05/04/2019 - No Amendments

SB19-185 Protections For Minor Human Trafficking Victims 
Position:
Short Title: Protections For Minor Human Trafficking Victims
Sponsors: R. Fields (D) | P. Lundeen (R) / L. Landgraf (R) | D. Roberts (D)
Summary:

Minor victims of human trafficking - immunity - affirmative defense report - post-enactment review. The act clarifies definitions in the "Colorado Children's Code" concerning victims of human trafficking of a minor for involuntary servitude and for sexual servitude.

The act creates immunity for a violation of a prostitution-related offense if probable cause exists to believe that a minor was a victim of either human trafficking of a minor for involuntary servitude or for sexual servitude.

The act establishes an affirmative defense for all criminal violations, except class 1 felonies, if a minor proves that he or she was:

  • A victim of human trafficking of a minor for involuntary servitude or sexual servitude; and
  • Forced or coerced into engaging in the criminal acts.

The act also requires that, if a law enforcement officer encounters a minor and there is probable cause to believe that the minor was a victim of human trafficking of a minor for sexual servitude, the officer shall report the suspected violation to the county department of human or social services or the child abuse hotline.

The act requires the legislative services agencies of the general assembly to conduct a review of the implementation of the act 5 years after May 6, 2019.


(Note: This summary applies to this bill as enacted.)

Status: 5/6/2019 Governor Signed

SB19-188 FAMLI Family Medical Leave Insurance Program 
Position: Support
Short Title: FAMLI Family Medical Leave Insurance Program
Sponsors: F. Winter (D) | A. Williams (D) / M. Gray (D) | M. Duran (D)
Summary:

Paid family and medical leave - study - task force created - appropriation. The act creates a study of the implementation of a paid family and medical leave program in the state by:

  • Requiring the department of labor and employment to contract with experts in the field of paid family and medical leave to report on the establishment of a paid family and medical leave program for employees in the state;
  • Requiring the department to request information from third parties that may be willing to administer all or part of a paid family and medical leave program;
  • Creating the family and medical leave implementation task force, which is responsible for recommending a plan to implement a paid family and medical leave program for the state; and
  • Requiring an actuarial study of the final plan recommended by the task force.

To implement the act, $165,487 is appropriated to the department of labor and employment and $17,004 is appropriated to the department of public health and environment. Both appropriations are from the general fund.


(Note: This summary applies to this bill as enacted.)

Status: 5/30/2019 Governor Signed

SB19-192 Front Range Waste Diversion Enterprise Grant Program 
Position:
Short Title: Front Range Waste Diversion Enterprise Grant Program
Sponsors: F. Winter (D) | K. Priola (R) / D. Jackson (D) | L. Cutter (D)
Summary:

Waste diversion - front range waste diversion enterprise created - increased waste diversion goals established - new tipping fee - grant program. Section 1 of the act creates the front range waste diversion enterprise. The enterprise will collect a user fee on each load of waste disposed of at a landfill in the front range and credit the fee to the new front range waste diversion cash fund to finance the front range waste diversion grant program.

Section 2 sets the user fee at 15 cents per cubic yard per load from January 1, 2020, through December 31, 2020. The fee increases 15 cents per year so that on and after January 1, 2023, the fee is 60 cents per cubic yard per load; except that this amount is adjusted annually by inflation after January 1, 2024.

Section 3 adjusts the fine amount for littering on public or private property annually, commencing on January 1, 2020, by inflation and credits the increased amount of the fine to the fund.

The front range is defined as the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver. The following entities that are located or provide services in the front range are eligible to apply for grants: Municipalities, counties, and cities and counties; nonprofit and for-profit businesses involved in waste disposal or diversion; and institutions of higher education and public or private schools.

The enterprise shall administer the grant program and provide technical assistance to eligible entities to achieve the following municipal waste diversion goals within the front range:

  • 32% diversion by 2021;
  • 39% diversion by 2026; and
  • 51% diversion by 2036.

The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over the environment regarding the grant program. The enterprise, increased user fee, and increased amount of the littering fine are repealed, effective September 1, 2029.


(Note: This summary applies to this bill as enacted.)

Status: 5/30/2019 Governor Signed

SB19-225 Authorize Local Governments To Stabilize Rent 
Position:
Short Title: Authorize Local Governments To Stabilize Rent
Sponsors: J. Gonzales (D) | R. Rodriguez (D) / S. Lontine (D) | S. Gonzales-Gutierrez (D)
Summary:

The bill repeals existing statutory language prohibiting counties or municipalities (local governments) from enacting any ordinance or resolution that would control rent on either private residential property or a private residential housing unit (collectively, private residential property). The bill authorizes local governments to enact and enforce any ordinance, resolution, agreement, deed restriction, or other measure that would stabilize rent on private residential property.
(Note: This summary applies to this bill as introduced.)

Status: 4/30/2019 Senate Second Reading Laid Over to 05/02/2019 - No Amendments

SB19-245 Time Requirements For Food Stamp Appeals 
Position:
Short Title: Time Requirements For Food Stamp Appeals
Sponsors: J. Gonzales (D) / K. Tipper (D)
Summary:

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

Status: 5/28/2019 Governor Signed

SR19-011 Workplace Harassment Committee 
Position:
Short Title: Workplace Harassment Committee
Sponsors: L. Garcia (D) | C. Holbert (R)
Summary: *** No bill summary available ***
Status: 4/17/2019 Signed by the President of the Senate