SB12-001 Contracting Preferences For Employing Coloradans 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $1 million, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference.
Status: 01/11/2012 Introduced In Senate - Assigned to Local Government
01/11/2012 Introduced In Senate - Assigned to Local Government + Appropriations
02/14/2012 Senate Committee on Local Government Refer Amended to Appropriations
03/09/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
03/13/2012 Senate Second Reading Laid Over Daily
03/19/2012 Senate Second Reading Laid Over to 03/23/2012
03/23/2012 Senate Second Reading Laid Over Daily
04/10/2012 Senate Second Reading Passed with Amendments
04/11/2012 Senate Third Reading Passed
04/13/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs
04/25/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB12-001 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 5, after line 26 insert:

"(6) IF THE PROCUREMENT OFFICER DETERMINES THAT
COMPLIANCE WITH THIS SECTION WILL CAUSE DENIAL OF FEDERAL MONEYS
OR PRECLUDE THE ABILITY TO ACCESS FEDERAL MONEYS THAT WOULD
OTHERWISE BE AVAILABLE OR WILL OTHERWISE BE INCONSISTENT WITH
FEDERAL LAW, THIS SECTION SHALL BE SUSPENDED, BUT ONLY TO THE
EXTENT NECESSARY TO PREVENT DENIAL OF THE MONEYS OR TO
ELIMINATE THE INCONSISTENCY WITH FEDERAL LAW.".

Page 6, strike lines 15 through 17.

Reletter succeeding paragraphs accordingly.

Page 7, line 22, after "RESIDENTS;" add "AND".

Page 7, line 25, strike "ONE" and substitute "TWO".
Page 8, strike line 2 and substitute "CONTRACT.".

Page 8, strike lines 3 through 8.

Page 9, after line 1 insert:

"(6) IF THE PROCUREMENT OFFICER DETERMINES THAT
COMPLIANCE WITH THIS SECTION WILL CAUSE DENIAL OF FEDERAL MONEYS
OR PRECLUDE THE ABILITY TO ACCESS FEDERAL MONEYS THAT WOULD
OTHERWISE BE AVAILABLE OR WILL OTHERWISE BE INCONSISTENT WITH
FEDERAL LAW, THIS SECTION SHALL BE SUSPENDED, BUT ONLY TO THE
EXTENT NECESSARY TO PREVENT DENIAL OF THE MONEYS OR TO
ELIMINATE THE INCONSISTENCY WITH FEDERAL LAW.".

Page 12, after line 7 insert:

"(7) IF THE PROCUREMENT OFFICER DETERMINES THAT
COMPLIANCE WITH THIS SECTION WILL CAUSE DENIAL OF FEDERAL MONEYS
OR PRECLUDE THE ABILITY TO ACCESS FEDERAL MONEYS THAT WOULD
OTHERWISE BE AVAILABLE OR WILL OTHERWISE BE INCONSISTENT WITH
FEDERAL LAW, THIS SECTION SHALL BE SUSPENDED, BUT ONLY TO THE
EXTENT NECESSARY TO PREVENT DENIAL OF THE MONEYS OR TO
ELIMINATE THE INCONSISTENCY WITH FEDERAL LAW.".


Local
Government


Senate Journal, March 9
After consideration on the merits, the Committee recommends that SB12-001 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 12, before line 8 insert:

"SECTION 8. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of personnel,
for the fiscal year beginning July 1, 2012, the sum of $62,767 and 0.9
FTE, or so much thereof as may be necessary, for allocation to the state
purchasing office in the division of accounts and control – controller for
the promulgation of procurement rules related to the implementation of
this act.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "CONTRACT." and substitute "CONTRACT, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations



SB12-002 Civil Unions 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates the "Colorado Civil Union Act" (Act) to authorize any 2 unmarried adults, regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill. The executive director of the department of public health and environment and the state registrar of vital statistics shall issue forms necessary to implement the Act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse program fund. The legal benefits, protections, and responsibilities that are granted under the law to spouses apply in like manner to parties to a civil union, including the following:
* Responsibility for financial support of a party to a civil union;
* Rights and abilities concerning transfer of real or personal property to a party in a civil union;
* The ability to file a claim based on wrongful death, emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status;
* Prohibitions against discrimination based upon spousal status;
* The ability to inherit real and personal property from a party in a civil union under the probate code;
* Priority for appointment as a conservator, guardian, or personal representative;
* Survivor benefits under and inclusion in workers' compensation laws;
* The ability to adopt a child of a party to a civil union;
* The ability to insure a party to a civil union under group benefit plans for state employees;
* The ability to designate a party in a civil union as a beneficiary under the state public employees retirement system;
* Survivor benefits under local government firefighter and police pensions;
* Protections and coverage under domestic abuse and domestic violence laws;
* Rights and protections under victims' compensation laws and victims and witness protection laws;
* Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation;
* Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment;
* The ability to file a complaint about the care or treatment of a party in a civil union in a nursing home;
* Rights relating to declarations concerning the administration, withholding, or withdrawing of medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union;
* Rights concerning the disposition of the last remains of a party to a civil union;
* The right to make decisions regarding anatomical gifts;
* Eligibility for family leave benefits;
* Eligibility for public assistance benefits;
* A privilege from providing compelled testimony against a party in a civil union and evidentiary privileges for parties to a civil union;
* The right to apply for emergency or involuntary commitment of a party to a civil union;
* The right to claim a homestead exemption;
* The ability to protect exempt property from attachment, execution, or garnishment;
* Dependent coverage under life insurance; and
* Dependent coverage under health insurance policies; except that this provision is effective for plans issued, delivered, or renewed on or after January 1, 2013. The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union. The Act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. Notwithstanding any provision of law to the contrary, the Act shall not be interpreted to require a child placement agency to place a child for adoption with parties to a civil union. The Act includes a reciprocity and principle of comity section that states that a relationship between persons of the same sex that does not comply with section 31 of article II of the state constitution that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union, domestic partnership, or a substantially similar legal relationship that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law. A severability clause is included in the Act. The executive director of the department of revenue is authorized to appoint a study commission to investigate and report on what changes in the law could be made to ensure equitable tax treatment and to allow parties to a civil union to file a joint state tax return without violating the federal tax laws. Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the Act shall not be construed to permit the filing of a joint income tax return by the parties to a civil union. A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause. A person who has entered into a designated beneficiary agreement under Colorado's designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes and invalidates the prior designated beneficiary agreement. The bill makes other conforming amendments. The bill takes effect October 1, 2012; except that the provision relating to the inclusion of a partner in a civil union as a dependent on a health insurance policy takes effect January 1, 2013.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
01/11/2012 Introduced In Senate - Assigned to Judiciary + Finance
01/11/2012 Introduced In Senate - Assigned to Judiciary + Finance + Appropriations
02/15/2012 Senate Committee on Judiciary Refer Amended to Finance
02/16/2012 Senate Committee on Finance Refer Unamended to Appropriations
04/17/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/19/2012 Senate Second Reading Laid Over Daily
04/20/2012 Senate Second Reading Laid Over Daily
04/25/2012 Senate Second Reading Passed with Amendments
04/26/2012 Senate Third Reading Passed with Amendments
05/01/2012 Introduced In House - Assigned to Judiciary
05/03/2012 House Committee on Judiciary Refer Unamended to Finance
05/04/2012 House Committee on Finance Refer Unamended to Appropriations
05/08/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
Amendments:

Senate Journal, February 16
After consideration on the merits, the Committee recommends that SB12-002 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 17, line 4, strike "ADJUSTED GROSS" and
substitute "TAXABLE".

Senate Journal, April 25
SB12-002 by Senator(s) Steadman, Guzman; --Concerning authorization of civil unions.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 16, page 187 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 17, pages 760-761 and placed in members' bill files.)

Amendment No. 3(L.007), by Senator Steadman

Amend printed bill, page 34, line 6, after "(A)" insert "and (3) (a) (XIX)
(B)".

Page 34, line 17, strike "14-15-109," and substitute "14-15-110,".

Page 34, after line 26, insert:

"(B) Any record of an application for a marriage license submitted
pursuant to section 14-2-106, C.R.S., AND ANY RECORD OF AN
APPLICATION FOR A CIVIL UNION LICENSE SUBMITTED PURSUANT TO
SECTION 14-15-110, C.R.S., shall be made available for public inspection
fifty years after the date that record was created.".


Amendment No. 4(L.009), by Senator Steadman.


Amend printed bill, page 7, strike lines 21 through 26 and substitute:

"14-15-106. Rights, benefits, protections, duties, obligations,
responsibilities, and other incidents of parties to a civil union. (1) A
PARTY TO A CIVIL UNION HAS THE RIGHTS, BENEFITS, PROTECTIONS,
DUTIES, OBLIGATIONS, RESPONSIBILITIES, AND OTHER INCIDENTS UNDER
LAW AS ARE GRANTED TO OR IMPOSED UPON SPOUSES, WHETHER THOSE
RIGHTS, BENEFITS, PROTECTIONS, DUTIES, OBLIGATIONS, RESPONSIBILITIES,
AND OTHER INCIDENTS DERIVE FROM STATUTE, ADMINISTRATIVE OR
COURT RULE, POLICY, COMMON LAW, OR ANY OTHER SOURCE OF LAW.".

Page 8, line 1, after ""FAMILY"," insert ""HEIR",".

Page 8, line 2, after "KIN"," insert ""SPOUSE",".
Page 8, strike lines 12 through 15 and substitute "MAINTENANCE, AND
AWARD OF ATTORNEY FEES, APPLIES TO CIVIL UNIONS.
(5) RIGHTS, BENEFITS, PROTECTIONS, DUTIES, OBLIGATIONS,
RESPONSIBILITIES, AND OTHER INCIDENTS UNDER LAW AS ARE GRANTED TO
OR IMPOSED UPON SPOUSES, THAT APPLY IN LIKE MANNER TO PARTIES TO
A CIVIL UNION UNDER THIS SECTION, INCLUDE BUT ARE NOT LIMITED TO:".

Page 8, line 16, strike "TENURE, DESCENT AND".

Page 8, line 17, strike "DISTRIBUTION, INTESTATE SUCCESSION, WAIVER OF
WILL,".

Page 8, line 18, after "OF" insert "OR PRESUMPTIONS WITH RESPECT TO".

Page 8, line 19, strike "PROPERTY, INCLUDING" and substitute
"PROPERTY;".

Page 8, strike lines 20 and 21.

Page 9, strike lines 2 through 4 and substitute:

"(d) TITLE 15, C.R.S., INCLUDING BUT NOT LIMITED TO MATTERS
CONCERNING DECEDENTS' ESTATES, WILLS, TRUSTS, INTESTATE
SUCCESSION, NONPROBATE TRANSFERS, WARDS, PROTECTED PERSONS, AND
PRIORITY FOR APPOINTMENT AS A CONSERVATOR, GUARDIAN, OR
PERSONAL REPRESENTATIVE;".

Page 11, line 8, strike "SURVIVING".


Amendment No. 5(L.011), by Senator Steadman.

Amend printed bill, page 11, line 12, after "(w)" insert "(I)".

Page 11, line 13, strike "AND".

Page 11, after line 13 insert:

"(II) THIS PARAGRAPH (w) IS EFFECTIVE FOR PLANS ISSUED,
DELIVERED, OR RENEWED ON OR AFTER JANUARY 1, 2013.".

Page 16, line 15, strike "PERSONS OF THE SAME SEX" and substitute "TWO
PERSONS".

Page 16, line 20 after "RELATIONSHIP" insert "BETWEEN TWO PERSONS".

Page 18, line 3 after the period add "THE STUDY COMMISSION THAT MAY
BE CREATED PURSUANT TO THIS SECTION IS EXEMPT FROM THE
REQUIREMENTS OF SECTION 2-3-303.3, C.R.S.".

Page 33, line 23 strike "ADOPTION." and substitute "ADOPTION AND SHALL
BE CONSIDERED A STEPPARENT FOR THE PURPOSE OF DETERMINING
WHETHER A CHILD IS AVAILABLE FOR ADOPTION PURSUANT TO SECTION
19-5-203 (1).".


Amendment No. 6(L.013), by Senator Steadman.

Amend printed bill, page 12, strike line 1 and substitute:

"14-15-107. Modification of civil union terms through an
agreement. (1) PARTIES TO A".

Page 12, strike lines 4 through 6 and substitute "PART 3 OF ARTICLE 2 OF
THIS TITLE.
(2) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF
THIS SECTION, THE PROVISIONS OF THIS ARTICLE AND THE PROVISIONS OF
PART 3 OF ARTICLE 2 OF THIS TITLE DO NOT INVALIDATE OR AFFECT AN
OTHERWISE VALID DOMESTIC PARTNERSHIP AGREEMENT OR CIVIL
CONTRACT BETWEEN TWO INDIVIDUALS WHO ARE NOT MARRIED TO EACH
OTHER IN WHICH THE INDIVIDUALS SET FORTH AN AGREEMENT ABOUT THE
RIGHTS AND RESPONSIBILITIES REGARDING MATTERS SIMILAR TO THOSE
THAT MAY BE ADDRESSED BY A CONTRACT UNDER PART 3 OF ARTICLE 2 OF
THIS TITLE IF THE AGREEMENT OR CONTRACT WAS MADE PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE OR, IF MADE ON OR AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE AGREEMENT OR CONTRACT IS NOT
MADE IN CONTEMPLATION OF ENTERING INTO A CIVIL UNION UNDER THIS
ARTICLE.".

Page 25, strike line 21 and substitute "ACTION FOR LEGAL SEPARATION OF
THE CIVIL UNION, DISSOLUTION OF THE CIVIL UNION, OR FOR DECLARATION
OF INVALIDITY OF THE CIVIL UNION.".


Amendment No. 7(L.015), by Senator Steadman.

Amend printed bill, page 16, line 24, strike "commission - report".

Page 16, line 25, strike "returns - repeal." and substitute "returns." and
strike "(a)".

Page 17, strike lines 6 through 27 and substitute "TAX RETURN.".

Page 18, strike lines 1 through 4.

Amend the Steadman floor amendment (SB002_L.011), page 1, strike
lines 9 through 11.


Amendment No. 8(L.017), by Senator Steadman.

Amend printed bill, page 11, after line 18 insert:

"(y) (I) OTHER INSURANCE POLICIES THAT PROVIDE JOINT
COVERAGE RELATING TO OWNERSHIP OF PROPERTY
(II) THIS PARAGRAPH (y) IS EFFECTIVE FOR PLANS ISSUED,
DELIVERED, OR RENEWED ON OR AFTER JANUARY 1, 2013.".


Amendment No. 9(L.014), by Senator Mitchell.

Amend printed bill, page 18, line 9, strike "(1)".

Page 18, strike lines 14 through 18 and substitute:

"14-15-118. Child placement agencies - conscience clause.
(1) TO THE EXTENT ALLOWED BY FEDERAL LAW, A PRIVATE CHILD
PLACEMENT AGENCY SHALL NOT BE REQUIRED TO PERFORM, ASSIST,
COUNSEL, RECOMMEND, CONSENT TO, REFER, OR PARTICIPATE IN ANY
PLACEMENT OF A CHILD FOR FOSTER CARE OR ADOPTION WHEN THE
PROPOSED PLACEMENT OF A CHILD WITH PERSONS WHO HAVE ENTERED
INTO A CIVIL UNION WOULD VIOLATE THE AGENCY'S WRITTEN RELIGIOUS
OR MORAL CONVICTIONS OR POLICES.
(2) THE STATE DEPARTMENT OF HUMAN SERVICES SHALL NOT
DENY AN APPLICATION FOR AN INITIAL LICENSE OR RENEWAL OF A LICENSE
OR REVOKE THE LICENSE OF A PRIVATE CHILD PLACEMENT AGENCY
BECAUSE OF THE CHILD PLACEMENT AGENCY'S OBJECTION TO PERFORMING,
ASSISTING, COUNSELING, RECOMMENDING, CONSENTING TO, REFERRING
OR PARTICIPATING IN A PLACEMENT WITH PARTNERS TO A CIVIL UNION
BECAUSE THAT VIOLATES THE AGENCY'S WRITTEN RELIGIOUS OR MORAL
CONVICTIONS OR POLICIES.
(3) THE STATE DEPARTMENT OF HUMAN SERVICES OR A COUNTY
DEPARTMENT OF SOCIAL SERVICES SHALL NOT DENY A PRIVATE CHILD
PLACEMENT AGENCY ANY GRANT, CONTRACT, OR PARTICIPATION IN A
GOVERNMENT PROGRAM BECAUSE OF THE AGENCY'S OBJECTION TO
PERFORMING, ASSISTING, COUNSELING, RECOMMENDING, CONSENTING TO,
REFERRING, OR PARTICIPATING IN A PLACEMENT WITH PARTNERS TO A
CIVIL UNION BECAUSE THAT VIOLATES THE AGENCY'S WRITTEN RELIGIOUS
OR MORAL CONVICTIONS OR POLICIES.
(4) THE REFUSAL OF A PRIVATE CHILD PLACEMENT AGENCY TO
PERFORM, ASSIST, COUNSEL, RECOMMEND, CONSENT TO, REFER, OR
PARTICIPATE IN A PLACEMENT WITH PARTNERS TO A CIVIL UNION BECAUSE
THAT VIOLATES THE AGENCY'S WRITTEN RELIGIOUS OR MORAL
CONVICTIONS OR POLICIES SHALL NOT FORM THE BASIS OF ANY CLAIM FOR
DAMAGES.".

Renumber succeeding C.R.S. section accordingly.

House Journal, May 8
9 SB12-002 be amended as follows, and as so amended, be referred to
10 the Committee of the Whole with favorable
11 recommendation:
12
13 Amend reengrossed bill, page 19, after line 12, insert:
14
15 "14-15-119. Protections for religious organizations. A
16 RELIGIOUS ORGANIZATION, ORGANIZATION OPERATED FOR CHARITABLE OR
17 EDUCATIONAL PURPOSES WHICH IS SUPERVISED OR CONTROLLED BY OR IN
18 CONNECTION WITH A RELIGIOUS ORGANIZATION, OR AN INDIVIDUAL
19 EMPLOYED BY SUCH AN ORGANIZATION, WHILE ACTING IN THE SCOPE OF
20 THAT EMPLOYMENT, SHALL NOT BE REQUIRED TO PROVIDE SERVICES OR
21 ACCOMMODATIONS OR CHANGE ITS PRACTICES AS A RESULT OF THE
22 PASSAGE OF THIS ARTICLE IF SUCH ACTIONS WOULD CAUSE SUCH
23 ORGANIZATION TO VIOLATE THE AGENCY'S WRITTEN RELIGIOUS BELIEFS OR
24 RELIGIOUS POLICIES OR WOULD CAUSE THE INDIVIDUAL TO VIOLATE HIS OR
25 HER SINCERELY HELD RELIGIOUS BELIEFS.".
26
27 Renumber succeeding C.R.S. section accordingly.
28
29 Page 22, after line 26 insert:
30
31 "SECTION 8. In Colorado Revised Statutes, add 12-43-230 as
32 follows:
33 12-43-230. Conscience protection clause. A PSYCHOLOGIST,
34 SOCIAL WORKER, MARRIAGE AND FAMILY THERAPIST, LICENSED
35 PROFESSIONAL COUNSELOR, PSYCHOTHERAPIST, OR ADDICTION
36 COUNSELOR LICENSED, REGISTERED, OR CERTIFIED UNDER THIS ARTICLE
37 SHALL RETAIN PERSONAL FREEDOM OF CONSCIENCE REGARDING WHETHER
38 TO PROVIDE SERVICES OR COUNSELING TO ANY INDIVIDUAL RELATING TO
39 ENTERING INTO A CIVIL UNION OR RELATING TO PROBLEMS BETWEEN THE
40 TWO PARTIES TO A CIVIL UNION, CONSISTENT WITH HIS OR HER RELIGIOUS
41 BELIEFS OR MORAL CONVICTIONS. A REFUSAL TO PROVIDE SERVICES OR
42 COUNSELING SHALL NOT BE CONSIDERED GROUNDS FOR DISCIPLINARY
43 ACTION PURSUANT TO THIS ARTICLE.".
44
45 Renumber succeeding sections accordingly.
46
47



SB12-003 Permissible Use Of Credit Information By Employers 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates the "Employment Opportunity Act", which specifies the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer (jointly referred to as "employer"). Specifically, the bill:
* Prohibits an employer's use of consumer credit information for employment purposes if the information is unrelated to the job;
* Requires an employer to disclose to an employee or applicant for employment (jointly, "employee") when the employer uses the employee's consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied;
* Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and
* Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
02/13/2012 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
02/16/2012 Senate Second Reading Laid Over Daily
02/20/2012 Senate Second Reading Passed with Amendments
02/21/2012 Senate Third Reading Passed with Amendments
02/22/2012 Introduced In House - Assigned to Local Government
03/19/2012 House Committee on Local Government Postpone Indefinitely
Amendments:

Senate Journal, February 14
After consideration on the merits, the Committee recommends that SB12-003 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 4, line 27, strike "HAS ACCESS TO MONEY".

Page 5, strike line 1 and substitute "IS WITH A BANK OR IS OTHERWISE IN
THE FINANCIAL SERVICES SECTOR OR IF THE PERSON'S CONSUMER CREDIT
INFORMATION IS OTHERWISE REQUIRED BY A DEFENSE OR SECURITY
CONTRACT, INCLUDING CONTRACTS WITH THE FEDERAL DEPARTMENT OF
DEFENSE.".

Senate Journal, February 20
SB12-003 by Senator(s) Carroll; also Representative(s) Fischer--Concerning the use of consumer
credit information by employers.

Senator Renfroe moved to amend the Report of the Committee of the Whole to show that the
following amendment to SB 12-003 did pass.

Amend printed bill, page 5, after line 26 insert:

"(7) THIS SECTION IS REPEALED, EFFECTIVE UPON THE DATE THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LABOR AND EMPLOYMENT
NOTIFIES THE REVISOR OF STATUTES THAT UNEMPLOYMENT IN THIS STATE
HAS FALLEN BELOW SIX PERCENT.".


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:


Senate Journal, February 21
SB12-003 by Senator(s) Carroll; also Representative(s) Fischer--Concerning the use of consumer
credit information by employers.


Persuant to Senate Rule 9 (b), Senator Harvey moved for the previous question by asking
'Shall the main question be now put?'. The motion was lost on the following roll call vote:




SB12-004 Preference For US Materials In Public Contracts 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Any state agency (agency) that issues an invitation for bids or a request for proposals on or after July 1, 2012, for the purchase of materials, supplies, products, provisions, or equipment for which an appropriation or expenditure of moneys is reasonably expected to exceed $1 million in the aggregate is required to provide to a bidder or offeror (contractor) that responds to the invitation for bids or request for proposals a preference in an amount equal to 1% of the bid price, which is to be subtracted from the bid of each contractor that certifies that it has undertaken best efforts to ensure that such materials, supplies, products, provisions, or equipment are manufactured in the United States. The preference allowed pursuant to the bill may not be awarded to a contractor that fails to meet the requirements of the bill, and the preference may not be used to satisfy any applicable minimum requirements of the contract. The preference is only allowed if:
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are equal in quality to any such items that are manufactured outside the United States;
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are able to be manufactured in sufficient quantities to satisfy the requirements of the invitation for bids or request for proposals; and
* The cost of the materials, supplies, products, provisions, or equipment that are manufactured in the United States does not exceed the cost of such items manufactured outside the United States by more than 5%. Any contractor that seeks allowance of a preference made available under the bill must certify to the agency that issued the invitation for bids or request for proposals that the contractor is eligible for the preference. The agency may rely on certification provided by the contractor but may also require the contractor to submit additional information to verify the contractor's eligibility for the preference. The agency is responsible for verifying that the contractor has satisfied all applicable requirements and is, therefore, eligible for the preference. The bill requires the executive director of the department of personnel or the executive director's designee to promulgate rules for the administration of the preference, including a process for a contractor to certify that it satisfies all requirements necessary for allowance of the preference and for an agency to verify that the contractor satisfies such requirements. The bill specifies that nothing in its terms is intended to contravene any existing treaty, law, agreement, or rule of the United States. No preference shall be granted under the bill if the preference would contravene any treaty, law, agreement, or rule of the United States.
Status: 01/11/2012 Introduced In Senate - Assigned to Local Government
01/11/2012 Introduced In Senate - Assigned to Local Government + Appropriations
02/14/2012 Senate Committee on Local Government Refer Amended to Appropriations
03/23/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
03/27/2012 Senate Second Reading Laid Over Daily
04/12/2012 Senate Second Reading Passed with Amendments
04/13/2012 Senate Third Reading Laid Over Daily
04/16/2012 Senate Third Reading Passed
04/17/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs
04/26/2012 House Committee on State, Veterans, & Military Affairs Committee Vote - Final Action Failed
05/10/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB12-004 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 19, strike "ONE MILLION" and substitute
"TWO HUNDRED FIFTY THOUSAND".

Page 4, line 4, strike "ONE MILLION" and substitute "TWO HUNDRED FIFTY
THOUSAND".

Page 5, line 4, strike "FIVE" and substitute "FIFTEEN".

Senate Journal, March 23
After consideration on the merits, the Committee recommends that SB12-004 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 6, after line 11 insert:

"SECTION 3. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of personnel,
for the fiscal year beginning July 1, 2012, the sum of $198,830 and 2.7
FTE, or so much thereof as may be necessary, for allocation to the state
purchasing office in the division of accounts and control – contoller, for
promulgation and management of rules and to support certification of
vendor elegibility related to the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "STATES." and substitute "STATES, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".



SB12-005 Ofc Econ Dev Business Retention & Expansion Prog 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: In order to retain and grow existing businesses in the state, the bill directs the Colorado office of economic development (office) to develop and administer the Colorado business retention and expansion program under the office's statewide economic development plan. The bill describes the office's specific duties under the program, including the requirement that the office annually report on the program to the general assembly.
Status: 01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology
01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology + Appropriations
01/30/2012 Senate Committee on Business, Labor and Technology Refer Amended to Appropriations
04/03/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/05/2012 Senate Second Reading Laid Over Daily
04/09/2012 Senate Second Reading Laid Over Daily
04/23/2012 Senate Second Reading Passed with Amendments
04/24/2012 Senate Third Reading Passed
04/27/2012 Introduced In House - Assigned to Appropriations
05/04/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
Amendments:

Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB12-005 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, line 7, after "businesses," insert "including
nonprofit businesses,".

Page 4, after line 6 insert:

"(b) "BUSINESS" MEANS ANY CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, SOLE PROPRIETORSHIP, TRUST, OR FOUNDATION,
OR OTHER LEGAL ENTITY CARRYING ON A BUSINESS, WHETHER OR NOT
OPERATED FOR PROFIT.".

Reletter succeeding paragraphs accordingly.

Page 5, line 27, strike the second "AND".

Page 6, line 4, strike "LEVEL." and substitute "LEVEL; AND".

Page 6, after line 4 insert:

"(e) TO IDENTIFY OBSTACLES AND IMPEDIMENTS TO BUSINESS
RETENTION AND EXPANSION WITHIN THE RULES CURRENTLY
ADMINISTERED BY STATE AGENCIES AND TO COORDINATE EFFORTS TO
REMOVE OR MODIFY THOSE OBSTACLES AND IMPEDIMENTS IN ORDER TO
IMPROVE COLORADO'S BUSINESS CLIMATE.".

Senate Journal, April 3
After consideration on the merits, the Committee recommends that SB12-005 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 3, line 15, strike "instruct and".

Page 4, line 18, strike "SHALL" and substitute "MAY".

Page 4, strike line 21 and substitute "(3) IF THE OFFICE DEVELOPS A
BUSINESS RETENTION AND EXPANSION PROGRAM PURSUANT TO THIS
SECTION, THE OFFICE MAY:".

Page 4, line 22, strike "TO DEVELOP" and substitute "DEVELOP".

Page 5, line 22, strike "TO SERVE" and substitute "SERVE".

Page 5, line 25, strike "TO SUPPORT" and substitute "SUPPORT".

Page 6, line 1, strike "TO DEVELOP" and substitute "DEVELOP".

Page 6, line 5, strike "THE OFFICE" and substitute "IF THE OFFICE
DEVELOPS A BUSINESS RETENTION AND EXPANSION PROGRAM PURSUANT
TO THIS SECTION, THE OFFICE".

Page 6, line 12, strike "THE PROGRAM" and substitute "A BUSINESS
RETENTION AND EXPANSION PROGRAM CREATED PURSUANT TO THIS
SECTION, IF ANY,".

Page 6, after line 13 insert:

"SECTION 3. No appropriation. The general assembly intends
and determines that this act can be implemented within existing
appropriations, and therefore no separate appropriation of state moneys
is necessary to carry out this act.".

Renumber succeeding section accordingly.


Appro-
priations



SB12-006 Efficiencies In State Regulatory System 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill requires the committee on legal services to appoint a task force (COLS task force) to review the state's regulatory system and make recommendations related to whether:
* The current system creates a regulatory advantage to one segment of an industry at the expense of another;
* The existing availability of cost-benefit analysis needs strengthening in order to produce meaningful measures of adverse impacts on consumers and private industry;
* The enforcement practices of the current system, if any, create perverse incentives for unreasonably punitive fines and penalties on private parties;
* Economic conditions merit a downsizing of the regulatory body with resulting reduction of financial compliance costs;
* A particular regulated industry is regulated in an outmoded form of regulation that is no longer advisable;
* Currently regulated industries are regulated by other means;
* Continued regulation of the regulated industry is justified;
* The current system regulates fewer businesses than it did in a previous state fiscal year; and
* Compliance costs could be reduced or eliminated at no risk to the public welfare or environment and at no risk of creating or protecting a monopoly. The COLS task force must report to the committee on legal services by January 1, 2013, and the committee on legal services must then recommend to the general assembly such legislation regarding the findings and recommendations of the COLS task force as may be necessary. The bill also addresses the circumstances under which staff assistance will be available for the COLS task force.
Status: 01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology
01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology + Finance
01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology + Finance + Appropriations
02/01/2012 Senate Committee on Business, Labor and Technology Refer Unamended to Finance
02/09/2012 Senate Committee on Finance Refer Unamended to Appropriations
03/09/2012 Senate Committee on Appropriations Postpone Indefinitely
Amendments:

SB12-007 Group Special License Plate Procedure 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Transportation Legislation Review Committee. Section 1 of the bill repeals the requirement that a person, group, or association submit to the department of revenue (department) a proposal for a group special license plate and certify that at least three thousand of the special license plates are to be issued within one year after the authorization of the plates, and requires a nonprofit organization requesting a group special license plate to obtain the department's written notification that the group has complied with the requirements for a group special license plate before seeking legislative action to authorize the new license plate. Section 1 also allows group special license plates and alumni association plates that have not reached the minimum number of plates issued to be made available until the inventory of those plates is exhausted. Section 2 of the bill repeals the requirement that an applicant for a Denver firefighters' special license plate or an Elks special license plate provide evidence to the department of their membership in such organization. Sections 3 and 4 make conforming amendments.
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
01/24/2012 Senate Committee on Transportation Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/27/2012 Senate Second Reading Laid Over Daily
01/30/2012 Senate Second Reading Passed
01/31/2012 Senate Third Reading Passed
02/06/2012 Introduced In House - Assigned to Transportation
03/08/2012 House Committee on Transportation Refer Amended to House Committee of the Whole
03/12/2012 House Second Reading Special Order - Passed with Amendments
03/13/2012 House Third Reading Laid Over Daily
03/15/2012 House Third Reading Passed
03/19/2012 Senate Considered House Amendments - Result was to Concur - Repass
03/27/2012:42 AM 04:10 Signed by the President of the Senate
03/30/2012:14 PM 04:20 Signed by the Speaker of the House
04/02/2012 Sent to the Governor
04/06/2012 Governor Action - Signed
Amendments:

House Journal, March 9
54 SB12-007 be amended as follows, and as so amended, be referred to
55 the Committee of the Whole with favorable
56 recommendation:
1 Amend reengrossed bill, page 2, line 3, strike "repeal (2);".
2
3 Page 2, strike lines 5 through 13.
4

House Journal, March 12
21 Amendment No. 1, by Representative(s) Hamner.
22
23 Strike the Transportation Committee Report, dated March 8, 2012, and
24 substitute:
25
26 "Amend reengrossed bill, page 2, line 3, strike "(5) and (6)" and substitute
27 "(5), (6), and (7)".
28
29 Page 3, before line 3, insert:
30
31 "(6) THE DEPARTMENT SHALL VERIFY THAT THE NONPROFIT
32 ORGANIZATION PROPOSING A GROUP SPECIAL LICENSE PLATE HAS
33 COLLECTED THE SIGNATURES OF AT LEAST THREE THOUSAND PERSONS
34 COMMITTED TO PURCHASING THE PROPOSED LICENSE PLATE.".
35
36 Renumber succeeding subsection accordingly.".
37
38 As amended, ordered revised and placed on the Calendar for Third
39 Reading and Final Passage.
40
41 On motion of Representative Waller, the following bills on the Special
42 Orders Calendar were laid over until March 13, retaining place on
43 Calendar: HB12-1267, 1059.



SB12-008 Postpone Repeal Denver Basin Aquifers 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Water Resources Review Committee. Law that is currently in effect:
* Requires wells that pump from the Dawson aquifer to replace actual out-of-priority depletions; and
* Specifies that the replacement obligation for all Denver basin aquifers continues after pumping stops to compensate for depletions. This law is scheduled to repeal on July 1, 2012. The new law that will automatically become effective on July 1, 2012, would require:
* Wells that pump from the Dawson aquifer to replace actual stream depletions to the extent necessary to prevent any injurious effect on other water rights based on actual aquifer conditions; and
* Replacement after pumping ceases for all Denver basin aquifers only if required to compensate for injurious depletions. There is currently no modeling tool available to calculate depletions according to actual aquifer conditions. Accordingly, the bill postpones the repeal of the current law until July 1, 2015.
Status: 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
01/19/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/25/2012 Senate Second Reading Laid Over Daily
01/30/2012 Senate Second Reading Passed
01/31/2012 Senate Third Reading Passed
02/06/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/13/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to House Committee of the Whole
02/16/2012 House Second Reading Laid Over Daily
02/17/2012 House Second Reading Passed
02/20/2012 House Third Reading Passed
03/01/2012:42 AM 04:10 Signed by the President of the Senate
03/01/2012 Sent to the Governor
03/01/2012:05 AM 04:20 Signed by the Speaker of the House
03/08/2012 Governor Action - Signed
Amendments:

SB12-009 Consolidate Div Water Resources Funds 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Water Resources Review Committee. The bill consolidates several funds administered by the division of water resources into a newly created water resources cash fund. Section 1 of the bill creates the water resources cash fund and consolidates into a single section the laws governing the fund's allowable uses. Section 2 repeals the water data bank cash fund, division of water resources publication cash fund, and division of water resources ground water management cash fund. Section 3 repeals the ground water publication fund, section 4 repeals the gravel pit lakes augmentation fund, and section 5 repeals the well enforcement cash fund. Sections 6 through 11 make conforming amendments.
Status: 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
01/26/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/01/2012 Senate Second Reading Laid Over Daily
02/06/2012 Senate Second Reading Passed
02/07/2012 Senate Third Reading Laid Over Daily
02/08/2012 Senate Third Reading Passed
02/13/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/27/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Finance
03/21/2012 House Committee on Finance Refer Unamended to Appropriations
04/20/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
04/23/2012 House Second Reading Special Order - Passed with Amendments
04/24/2012 House Third Reading Passed
04/30/2012 Senate Considered House Amendments - Result was to Concur - Repass
05/09/2012:51 PM 04:10 Signed by the President of the Senate
05/16/2012:41 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
05/24/2012 Governor Action - Signed
Amendments:

House Journal, April 20
1 SB12-009 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend reengrossed bill, page 12, after line 6, insert:
6 "SECTION 12. Appropriation - adjustments in 2012 long bill.
7 (1) For the implementation of this act, appropriations made in the
8 annual general appropriation act to the department of natural resources
9 for the fiscal year beginning July 1, 2012, are adjusted as follows:
10 (a) The cash funds appropriation for the division of water
11 resources is reduced by $716,434. Of this amount, $597,810 is from the
12 division of water resources ground water management cash fund created
13 in section 37-80-111.5 (1) (d), Colorado Revised Statutes, $44,400 is
13714 from the gravel pit lakes augmentation fund created in section 37-90-
15 (11) (f), Colorado Revised Statutes, $1,489 is from the well enforcement
16 cash fund created in section 37-90-111.5 (5) (b), Colorado Revised
17 Statutes, and $72,735 is from various sources of cash funds.
18 (b) The cash funds appropriation for the division of water
19 resources is increased by $716,434. Said sum is from the water resources
20 cash fund created in section 37-80-111.7 (1), Colorado Revised Statutes.".
21
22 Renumber succeeding sections accordingly.
23
24 Page 1, line 102, strike "RESOURCES." and substitute "RESOURCES, AND,
25 IN CONNECTION THEREWITH, MAKING AND REDUCING
26 APPROPRIATIONS."
27
28



SB12-010 CBI Gifts Grants Donations Fund 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-10 Department of public safety - Colorado bureau of investigation - authority to use grants and donations. The department of public safety is authorized to use gifts, grants, and donations to fund the activities of the Colorado bureau of investigation. APPROVED by Governor May 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 01/11/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
01/30/2012 Senate Committee on State, Veterans & Military Affairs Refer Unamended to Senate Committee of the Whole
02/02/2012 Senate Second Reading Laid Over Daily
02/06/2012 Senate Second Reading Passed
02/07/2012 Senate Third Reading Laid Over Daily
02/08/2012 Senate Third Reading Passed
02/13/2012 Introduced In House - Assigned to Judiciary + Appropriations
03/20/2012 House Committee on Judiciary Refer Unamended to Appropriations
04/20/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/24/2012 House Second Reading Special Order - Passed with Amendments
04/25/2012 House Third Reading Passed
04/30/2012 Senate Considered House Amendments - Result was to Reconsider
04/30/2012 Senate Considered House Amendments - Result was to Concur - Repass
04/30/2012 Senate Considered House Amendments - Result was to Pass
05/11/2012:32 PM 04:10 Signed by the President of the Senate
05/16/2012:00 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
05/24/2012 Governor Action - Signed
Amendments:

House Journal, April 24
50 Amendment No. 1, by Representative(s) Levy.
51
52 Amend reengrossed bill, page 2, line 4, strike "gifts, grants," and
53 substitute "grants".
54
55 Page 2, line 6, strike "GIFTS, GRANTS," and substitute "GRANTS".
56
1 Page 2, line 8, strike "GIFT, GRANT," and substitute "GRANT".
2
3 Page 2, line 11, strike "GIFTS,".
4
5 Page 2, line 12, strike "GRANTS," and substitute "GRANTS".
6
7 Page 2, line 13, strike "GIFTS, GRANTS," and substitute "GRANTS".
8
9 Page 3, line 3, strike "7," and substitute "8,".
10
11 Page 1, line 102, strike "GIFTS, GRANTS," and substitute "GRANTS".
12
13 As amended, ordered revised and placed on the Calendar for Third
14 Reading and Final Passage.
15



SB12-011 Child Abuse Differential Response Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-11 Dependency and neglect - child abuse or neglect - differential response pilot program for child abuse or neglect cases of low or moderate risk. The act eliminates the 5-county limit on the number of counties that may participate in the differential response pilot program for child abuse or neglect cases of low or moderate risk (pilot program) and allows the executive director of the state department of human services to select participating counties. The state board of human services will promulgate rules to define and implement differential response and for the administration of the pilot program. APPROVED by Governor March 24, 2012 EFFECTIVE March 24, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
01/18/2012 Senate Committee on Health and Human Services Refer Unamended to Senate Committee of the Whole
01/23/2012 Senate Second Reading Laid Over Daily
02/17/2012 Senate Second Reading Passed with Amendments
02/20/2012 Senate Third Reading Passed
02/23/2012 Introduced In House - Assigned to Health and Environment
03/08/2012 House Committee on Health and Environment Refer Unamended to House Committee of the Whole
03/12/2012 House Second Reading Special Order - Passed
03/13/2012 House Third Reading Laid Over Daily
03/15/2012 House Third Reading Passed
03/21/2012:03 PM 04:10 Signed by the President of the Senate
03/21/2012:11 PM 04:20 Signed by the Speaker of the House
03/22/2012 Sent to the Governor
03/24/2012 Governor Action - Signed
Amendments:

Senate Journal, February 17
SB12-011 by Senator(s) Spence; also Representative(s) Summers--Concerning the differential
response pilot program for child abuse or neglect cases of low or moderate risk.

Amendment No. 1(L.001), by Senator Spence.

Amend printed bill, page 2, strike lines 15 through 18 and substitute
"county departments".".

Amendment No. 2(L.002), by Senator Newell.

Amend printed bill, page 2, line 3, strike "(a)" and substitute "(a), (6),".

Page 2, after line 18 insert:

"(6) The state board may SHALL promulgate rules TO DEFINE AND
IMPLEMENT DIFFERENTIAL RESPONSE AND for the administration of the
pilot program.".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.




SB12-012 DOR Audits Auto Emission Test Centers 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Legislative Audit Committee. The bill implements the recommendations of the legislative audit committee regarding the department of revenue's audits of facilities that conduct automobile emission inspections. Specifically, federal environmental protection agency rules require such inspections at least twice per year while current state law generally requires them every 90 days; the bill conforms state law with federal law. Current law requires the department to conduct performance audits on each test lane at enhanced inspection centers and equipment audits on each lane at all types of inspection centers; the bill requires such audits to be conducted at least twice per year on each lane at the facilities. Finally, the bill authorizes the department to conduct risk-based audits for stations and facilities employing inspectors or mechanics suspected of violating rules.
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
01/11/2012 Introduced In Senate - Assigned to Transportation + Appropriations
01/24/2012 Senate Committee on Transportation Refer Unamended to Appropriations
02/03/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
02/10/2012 Senate Second Reading Passed with Amendments
02/13/2012 Senate Third Reading Passed
02/16/2012 Introduced In House - Assigned to Transportation
03/15/2012 House Committee on Transportation Refer Unamended to Finance
03/29/2012 House Committee on Finance Refer Unamended to Appropriations
04/20/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/23/2012 House Second Reading Special Order - Passed
04/24/2012 House Third Reading Passed
05/02/2012:42 PM 04:10 Signed by the President of the Senate
05/03/2012:36 PM 04:20 Signed by the Speaker of the House
05/04/2012 Sent to the Governor
05/09/2012 Governor Action - Signed
Amendments:

Senate Journal, February 8
After consideration on the merits, the Committee recommends that SB12-012 be referred
to the Committee of the Whole with favorable recommendation and with a
recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 3, after line 27, insert:

"SECTION 2. No appropriation. The general assembly has
determined that this act can be implemented within existing
appropriations, and therefore no separate appropriation of state moneys
is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.



SB12-013 Low-speed Electric Vehicles 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Transportation Legislation Review Committee. The bill allows operation of low-speed electric vehicles on roadways at speeds up to 40 miles per hour.
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
01/31/2012 Senate Committee on Transportation Refer Amended to Senate Committee of the Whole
02/02/2012 Senate Second Reading Laid Over Daily
02/03/2012 Senate Second Reading Laid Over Daily
02/06/2012 Senate Second Reading Passed with Amendments
02/07/2012 Senate Third Reading Laid Over Daily
02/08/2012 Senate Third Reading Passed
02/13/2012 Introduced In House - Assigned to Transportation
03/29/2012 House Committee on Transportation Refer Unamended to House Committee of the Whole
04/03/2012 House Second Reading Laid Over Daily
04/05/2012 House Second Reading Passed
04/09/2012 House Third Reading Laid Over Daily
04/17/2012 House Third Reading Laid Over Daily
04/18/2012 House Third Reading Passed
04/23/2012:59 PM 04:10 Signed by the President of the Senate
04/24/2012:58 PM 04:20 Signed by the Speaker of the House
04/25/2012 Sent to the Governor
05/03/2012 Governor Action - Signed
Amendments:

Senate Journal, February 1
After consideration on the merits, the Committee recommends that SB12-013 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, line 3, after "(1)" insert "(a)".

Page 2, line 5, strike "thirty-five FORTY" and substitute "thirty-five".

Page 2, line 7, strike "thirty-five FORTY" and substitute "thirty-five".

Page 2, line 9, strike "thirty-five FORTY" and substitute "thirty-five".

Page 2, after line 9 insert:

"(b) NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (1),
A LOW-SPEED ELECTRIC VEHICLE MAY BE OPERATED ON A STATE HIGHWAY
THAT HAS A SPEED LIMIT EQUAL TO FORTY MILES PER HOUR OR CROSS A
ROADWAY WITH A SPEED LIMIT EQUAL TO FORTY MILES PER HOUR TO
CROSS AT-GRADE, IF:
(I) SUCH ROADWAY'S LANE WIDTH IS ELEVEN FEET OR GREATER;
(II) SUCH ROADWAY PROVIDES TWO OR MORE LANES IN EITHER
DIRECTION; AND
(III) THE DEPARTMENT DETERMINES, IN CONSULTATION WITH
LOCAL GOVERNMENT AND LAW ENFORCEMENT, UPON THE BASIS OF A
TRAFFIC INVESTIGATION, SURVEY, APPROPRIATE DESIGN STANDARDS, OR
PROJECTED VOLUMES, THAT THE OPERATION OF A LOW-SPEED ELECTRIC
VEHICLE ON THE ROADWAY POSES NO SUBSTANTIAL SAFETY RISK OR
HAZARD TO MOTORISTS, BICYCLISTS, PEDESTRIANS, OR OTHER PERSONS.
(c) THE DEPARTMENT MAY WAIVE THE NECESSITY OF A TRAFFIC
INVESTIGATION OR SURVEY PURSUANT TO SECTION 42-4-1102 OR MAY
CONDUCT A TRAFFIC INVESTIGATION OR SURVEY TO DETERMINE WHERE
LOW-SPEED ELECTRIC VEHICLES CAN BE DRIVEN SAFELY ON STATE
HIGHWAYS OR PORTIONS THEREOF. THE DEPARTMENT SHALL CONDUCT
THIS TRAFFIC INVESTIGATION OR SURVEY USING EXISTING
APPROPRIATIONS.".

Page 2, before line 10 insert:

"SECTION 2. In Colorado Revised Statutes, 42-4-111, amend
(1) (bb) (II) as follows:
42-4-111. Powers of local authorities. (1) This article shall not
be deemed to prevent local authorities, with respect to streets and
highways under their jurisdiction and within the reasonable exercise of
the police power, except those streets and highways that are parts of the
state highway system that are subject to section 43-2-135, C.R.S., from:
(bb) Authorizing and regulating the operation of golf cars on
roadways by resolution or ordinance of the governing body, if the
authorization or regulation is consistent with this title and does not
authorize:
(II) Operation of a golf car by a person under fourteen SIXTEEN
years of age; or".

Renumber succeeding section accordingly.



SB12-014 Tie FCPA Reporting Schedule Date Primary Election 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-14 Campaign finance - disclosure - primary elections. In conformity with the 2011 change of the primary election date from August to the last Tuesday in June, the schedule under the "Fair Campaign Practices Act" for making campaign finance disclosures in connection with the primary election is changed to the first Monday in May and on specified Mondays thereafter until the primary election. APPROVED by Governor January 30, 2012 EFFECTIVE January 30, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
01/23/2012 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/24/2012 Senate Second Reading Special Order - Passed
01/25/2012 Senate Third Reading Passed
01/25/2012 Introduced In House - Assigned to Judiciary
01/26/2012 House Committee on Judiciary Refer Unamended to House Committee of the Whole
01/27/2012 House Second Reading Special Order - Passed
01/30/2012 House Third Reading Passed
01/30/2012:49 PM 04:10 Signed by the President of the Senate
01/30/2012:10 PM 04:20 Signed by the Speaker of the House
01/30/2012 Sent to the Governor
01/30/2012 Governor Action - Signed
Amendments:

SB12-015 Creating Optional Category Of Higher Ed Tuition 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Unless the governing board of an institution of higher education (institution) adopts a policy stating that it will not offer standard-rate tuition, the bill requires an institution of higher education to classify a student, other than certain foreign students or trainees defined in federal law, as a standard-rate student for tuition purposes so long as the student:
* Attended a public or private high school in Colorado for 3 or more years immediately preceding the date the student graduated from a Colorado high school or earned a general educational development certificate (certificate) in Colorado; and
* Is admitted to an institution in Colorado within 12 months after graduating from high school or earning a certificate. The bill provides a one-year exception to the eligibility requirements for a student who meets all of the eligibility requirements but was not admitted to an institution within 12 months after graduating from high school or earning a certificate. The exception is repealed after one year. A student applying for the tuition classification who does not have documentation of lawful immigration or nationality status shall submit an affidavit to the institution stating that he or she is requesting documentation of, has applied for, or will be applying for, lawful status as soon as he or she is eligible. The information contained in the affidavit is confidential and is a protected education record of the student. A student classified as a standard-rate student is not eligible for a college opportunity fund stipend or for any state-funded, need-based financial aid. Eligibility for the tuition classification is not based upon residency. A student classified as a standard-rate student for tuition purposes shall not be counted as a resident, and the tuition classification shall not be deemed to establish residency or domicile for any purpose. A student paying standard-rate tuition shall pay the student's share of in-state tuition plus an amount equal to the college opportunity fund stipend awarded to in-state students. Verification of lawful presence in the United States is not required for persons applying for the tuition classification.
Status: 01/11/2012 Introduced In Senate - Assigned to Education
01/26/2012 Senate Committee on Education Refer Amended to Senate Committee of the Whole
01/31/2012 Senate Second Reading Laid Over Daily
02/10/2012 Senate Second Reading Passed with Amendments
02/13/2012 Senate Third Reading Laid Over to 02/20/2012
02/20/2012 Senate Third Reading Laid Over to 02/27/2012
02/27/2012 Senate Third Reading Laid Over to 03/05/2012
03/05/2012 Senate Third Reading Laid Over to 03/12/2012
03/12/2012 Senate Third Reading Laid Over to 03/12/2012
03/12/2012 Senate Third Reading Laid Over to 03/19/2012
03/19/2012 Senate Third Reading Laid Over to 03/23/2012
03/23/2012 Senate Third Reading Laid Over to 04/02/2012
04/02/2012 Senate Second Reading Laid Over to 04/09/2012
04/09/2012 Senate Third Reading Passed
04/12/2012 Introduced In House - Assigned to Education + Appropriations
04/23/2012 House Committee on Education Refer Unamended to Finance
04/25/2012 House Committee on Finance Postpone Indefinitely
Amendments:

Senate Journal, January 27
After consideration on the merits, the Committee recommends that SB12-015 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 5, before line 5 insert:

"SECTION 2. In Colorado Revised Statutes, 23-1-104, add (1.5)
as follows:
23-1-104. Financing the system of postsecondary education -
report - repeal. (1.5) FOR FISCAL YEARS 2012-13 THROUGH 2015-16,
CASH FUNDS RECEIVED BY AN INSTITUTION AS STANDARD-RATE TUITION
PURSUANT TO SECTION 23-7-112 SHALL NOT BE SUBJECT TO ANNUAL
APPROPRIATION BY THE GENERAL ASSEMBLY OR INCLUDED IN THE SINGLE
LINE ITEM APPROPRIATION TO EACH GOVERNING BOARD PURSUANT TO
PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION. THE INSTITUTION
SHALL REPORT STANDARD-RATE TUITION, CLASSIFIED AS SUCH PURSUANT
TO SECTION 23-7-112, IN THE SAME MANNER THAT THE INSTITUTION
REPORTS ALL OTHER TUITION RECEIPTS.".

Renumber succeeding sections accordingly.

Senate Journal, February 10
SB12-015 by Senator(s) Giron and Johnston, Guzman, Steadman; also Representative(s) Duran--
Concerning creating an optional category of tuition at state institutions of higher education.

Amendment No. 1, Education Committee Amendment.
(Printed in Senate Journal, January 27, page 51 and placed in members' bill files.)


Amendment No. 2(L.009), by Senator King K.


Amend printed bill, page 5, after line 4, insert:
"(8) EACH INSTITUTION THAT OFFERS THE STANDARD-RATE
TUITION CLASSIFICATION SHALL REPORT ANNUALLY TO THE DEPARTMENT
OF HIGHER EDUCATION THE STUDENT NUMBER FOR EACH STUDENT WHO
RECEIVES THE STANDARD-RATE TUITION CLASSIFICATION PURSUANT TO
THIS SECTION AND SHALL SPECIFY WHETHER THE STUDENT HAS FILED AN
AFFIDAVIT PURSUANT TO PARAGRAPH (a) OF SUBSECTION (3) OF THIS
SECTION. EACH INSTITUTION SHALL ANNUALLY UPDATE THE INFORMATION
REQUIRED PURSUANT TO THIS SUBSECTION (8).".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, February 10
SB12-015 by Senator(s) Giron and Johnston, Guzman, Steadman; also Representative(s) Duran--
Concerning creating an optional category of tuition at state institutions of higher education.


Senator Renfroe moved to amend the Report of the Committee of the Whole to show that
the following Renfroe floor amendment, (L.011) to SB 12-015, did pass.


Amend printed bill, page 2, line 5, after "(1)" insert "(a)".

Page 3, line 2, strike "(a)" and substitute "(I)".

Page 3, line 7, strike "(b)" and substitute "(II)".

Page 3, after line 10 insert:

"(b) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (a)
OF THIS SUBSECTION (1), AN INSTITUTION SHALL CLASSIFY A STUDENT
AS A STANDARD-RATE STUDENT FOR TUITION PURPOSES IF THE STUDENT
IS IN THE UNITED STATES ON A VALID FOREIGN STUDENT VISA OR IS A
RESIDENT OF ANY STATE OF THE UNITES STATES AND IS LAWFULLY
PRESENT IN THE UNITED STATES.".


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:




SB12-016 Local Gov Option To Change PERA Contribution Rates 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The employer and member contribution rates for the public employees' retirement association (PERA) are specified in statute. For the calendar year beginning January 1, 2013, the bill allows employers in the local government division of PERA only to decrease the employer contribution rate and increase the member contribution rate by an amount to be determined by the employer, so long as:
* The total of the employer and member contribution rates is not less than the total of the employer and member contribution rates currently required to be delivered to PERA on behalf of each employee of an employer; and
* The increase in the member contribution to PERA and the corresponding decrease in the employer contribution is not greater than 2.5%. Any change to the employer and member contribution rates to PERA is required to occur through a vote of the governing body of the employer at an official meeting of the governing body. Any employer that votes to alter the employer and member contribution rates to PERA is required to provide annual notice to PERA regarding the percentage of the employer and member contributions.
Status: 01/11/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
01/30/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
Amendments:

SB12-017 Prohibit Water Quality Standards Regs Nutrients 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill prohibits the water quality control commission from adopting numeric criteria for a water control standard or control regulation regarding nitrogen or phosphorus.
Status: 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
02/08/2012 Senate Committee on Agriculture, Natural Resources, and Energy Postpone Indefinitely
Amendments:

SB12-018 Alternative Medicaid Program For Elderly 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates a voluntary alternative medical assistance program (program) for the medicaid-eligible elderly. An eligible participant agrees to receive an amount equal to 70% of the medical assistance benefits that he or she would have received if the participant were enrolled in the state's traditional medicaid program in exchange for 2 features currently not allowed under the traditional medicaid program:
* The participant can choose any provider; and
* The state waives the right to pursue all estate recovery methods from the participant's family after the participant dies. The participant's physician assesses the level of care the participant needs. The department of health care policy and financing (department) then determines the expected costs to provide that level of care if the participant were enrolled in and were receiving services under the traditional medicaid program and allocates 70% of that amount annually to reimburse providers for the participant's care. The department issues a debit card to the participant that is funded monthly with one-twelfth of the annual amount so allocated to the participant, which the participant uses to pay for medical services while enrolled in the alternative program. The eligible participant purchases long-term care services, assisted living services, home- and community-based services, home health services, prescribed drugs, or any health or dental care service at rates set by the provider, and the participant agrees to provide all additional resources needed for his or her care beyond the 70% medicaid benefit amount provided through the program. The participant is responsible for researching and selecting the services. Each year, the department conducts a redetermination of the participant's eligibility for services and the participant's physician reassesses the level of care that the participant needs. The department must seek a federal waiver for the program.
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
01/25/2012 Senate Committee on Health and Human Services Witness Testimony and/or Committee Discussion Only
02/02/2012 Senate Committee on Health and Human Services Postpone Indefinitely
Amendments:

SB12-019 The Colorado On-time Budget Act Of 2012 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill suspends all compensation, reimbursement, or other payments of any kind to a member of the general assembly if the general assembly fails to present to the governor both the annual general appropriation act and the annual school finance act. If applicable, the pay is suspended as of the first day of the interim until such time the general assembly presents both such bills to the governor or December 1 of the same year, whichever is earlier.
Status: 01/11/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
03/07/2012 Senate Committee on State, Veterans & Military Affairs Refer Amended to Appropriations
05/09/2012 Senate Committee on Appropriations Postpone Indefinitely
Amendments:

Senate Journal, March 8
After consideration on the merits, the Committee recommends that SB12-019 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, after line 10 insert:

"SECTION 4. In Colorado Revised Statutes, add 2-3-208 as
follows:
2-3-208. Colorado on-time budget advisory committee -
definitions - repeal. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "ADVISORY COMMITTEE" MEANS THE COLORADO ON-TIME
BUDGET ADVISORY COMMITTEE CREATED IN SUBSECTION (2) OF THIS
SECTION.
(b) "CRITICAL BUDGET BILLS" MEANS THE ANNUAL GENERAL
APPROPRIATION ACT, THE ANNUAL PUBLIC SCHOOL FINANCE ACT, OR
SIMILAR BILLS FROM OTHER STATES.
(c) "STATE BUDGET PROCESS" MEANS THE MANNER IN WHICH THE
GENERAL ASSEMBLY OR OTHER STATE LEGISLATURE PASSES CRITICAL
BUDGET BILLS OR OTHER SIMILAR BILLS.
(2) THERE IS HEREBY CREATED THE COLORADO ON-TIME BUDGET
ADVISORY COMMITTEE FOR THE PURPOSE OF PROVIDING GUIDANCE
RELATED TO THE STATE BUDGET PROCESS AND MEASURES TO ENSURE THE
TIMELY PASSAGE OF CRITICAL BUDGET BILLS.
(3) (a) THE ADVISORY COMMITTEE CONSISTS OF TWELVE MEMBERS
APPOINTED NO LATER THAN JUNE 1, 2012, FOR A TERM ENDING JUNE 30,
2013, AS FOLLOWS:
(I) FOUR MEMBERS OF THE HOUSE OF REPRESENTATIVES, TWO OF
WHOM ARE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND TWO OF WHOM ARE APPOINTED BY THE MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES;
(II) FOUR MEMBERS OF THE SENATE, TWO OF WHOM ARE
APPOINTED BY THE PRESIDENT OF THE SENATE AND TWO OF WHOM ARE
APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
(III) FOUR PERSONS APPOINTED BY THE GOVERNOR WHO HAVE
EXPERTISE IN THE STATE BUDGET PROCESS.
(b) THE ADVISORY COMMITTEE IS REQUIRED TO MEET AT LEAST
SIX TIMES IN ORDER TO UNDERTAKE ITS DUTIES.
(4) THE ADVISORY COMMITTEE SHALL:
(a) REVIEW THE CURRENT STATE BUDGET PROCESS;
(b) ANALYZE THE STATE BUDGET PROCESS IN OTHER STATES;
(c) ANALYZE METHODS FROM OTHER STATES TO ENSURE THE
TIMELY PASSAGE OF CRITICAL BUDGET BILLS, INCLUDING THE SUSPENSION
OF PAYMENTS TO MEMBERS OF A STATE LEGISLATURE;
(d) CONSIDER ALTERNATIVES TO THE CURRENT STATE BUDGET
PROCESS;
(e) CONSIDER ALTERNATIVES TO ENSURE THE TIMELY PASSAGE OF
CRITICAL BUDGET BILLS; AND
(f) MAKE RECOMMENDATIONS REGARDING THE BEST STATE
BUDGET PROCESS AND METHODS TO ENSURE THE TIMELY PASSAGE OF
CRITICAL BUDGET BILLS.
(5) (a) ON OR BEFORE JANUARY 1, 2013, THE ADVISORY
COMMITTEE SHALL PREPARE A REPORT REGARDING ITS FINDINGS AND
RECOMMENDATIONS AND DISTRIBUTE THE REPORT TO ALL MEMBERS OF
THE GENERAL ASSEMBLY. NO LATER THAT JANUARY 15, 2013, THE
ADVISORY COMMITTEE SHALL PRESENT THE REPORT TO THE JOINT BUDGET
COMMITTEE AND THE FINANCE COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES.
(b) (I) PRIOR TO FINALIZING THE REPORT, THE ADVISORY
COMMITTEE SHALL PRESENT ITS PROPOSED FINDINGS AT AT LEAST THREE
PUBLIC MEETINGS AT LOCATIONS THROUGHOUT THE STATE AND TAKE
PUBLIC COMMENT ON THE PROPOSED FINDINGS. THE ADVISORY
COMMITTEE SHALL CONSIDER THE PUBLIC COMMENTS WHEN FINALIZING
THE REPORT.
(II) THE MEETINGS REQUIRED PURSUANT TO SUBPARAGRAPH (I)
OF THIS PARAGRAPH (b) ARE IN ADDITION TO THE MEETINGS REQUIRED
PURSUANT TO PARAGRAPH (b) OF SUBSECTION (3) OF THIS SECTION.
(6) NONLEGISLATIVE MEMBERS OF THE ADVISORY COMMITTEE
MAY BE REIMBURSED FOR ALL NECESSARY AND ACTUAL EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
(7) THE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF
LEGISLATIVE LEGAL SERVICES MAY PROVIDE STAFF SUPPORT TO THE
ADVISORY COMMITTEE.
(8) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2013. PRIOR TO
THE REPEAL OF THIS SECTION, THE ADVISORY COMMITTEE IS REQUIRED TO
BE REVIEWED AS PROVIDED IN SECTION 2-3-1203 (3), C.R.S.
SECTION 5. In Colorado Revised Statutes, 2-3-1203, add (3)
(z) (VIII) as follows:
2-3-1203. Sunset review of advisory committees. (3) The
following dates are the dates for which the statutory authorization for the
designated advisory committees is scheduled for repeal:
(z) July 1, 2013:
(VIII) THE COLORADO ON-TIME BUDGET ADVISORY COMMITTEE
CREATED IN SECTION 2-3-208 (2), C.R.S.".

Renumber succeeding section accordingly.


State,
Veterans, &
Military
Affairs



SB12-020 Immunity For Reporters Of Overdoses 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-20 Justifications and exemptions from criminal responsibility - immunity for persons who suffer or report in good faith an emergency drug or alcohol overdose event. A person is immune from criminal prosecution for any of the following offenses if the person reports in good faith an emergency drug or alcohol overdose event (overdose event) to a law enforcement officer, to the 911 system, or to a medical provider; the person remains at the scene of the overdose event until a law enforcement officer or an emergency medical responder arrives, or the person remains at the facilities of the medical provider until a law enforcement officer arrives; the person identifies himself or herself to, and cooperates with, the law enforcement officer, emergency medical responder, or medical provider; and the offense arises from the same course of events from which the overdose event arose: Class 6 felony and misdemeanor unlawful possession of a controlled substance; Unlawful use of a controlled substance; Unlawful possession of 12 ounces or less of marijuana or 3 ounces or less of marijuana concentrate; Open and public display, consumption, or use of less than 2 ounces of marijuana; Transferring or dispensing 2 ounces or less of marijuana from one person to another for no consideration; Unlawful use or possession of synthetic cannabinoids or salvia divinorum; Possession of drug paraphernalia; and Illegal possession or consumption of ethyl alcohol by an underage person. APPROVED by Governor May 29, 2012 EFFECTIVE May 29, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
02/01/2012 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
02/07/2012 Senate Second Reading Laid Over Daily
02/13/2012 Senate Second Reading Passed with Amendments
02/14/2012 Senate Third Reading Passed
02/16/2012 Introduced In House - Assigned to Judiciary
03/01/2012 House Committee on Judiciary Refer Amended to House Committee of the Whole
03/06/2012 House Second Reading Laid Over Daily
03/09/2012 House Second Reading Passed with Amendments
03/12/2012 House Third Reading Passed
03/14/2012 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
05/03/2012 First Conference Committee Result was to Adopt Rerevised w/ Amendments
05/08/2012 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
05/09/2012 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
05/14/2012:23 PM 04:10 Signed by the President of the Senate
05/16/2012:12 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
05/29/2012 Governor Action - Signed
Amendments:

Senate Journal, February 13
SB12-020 by Senator(s) Aguilar, Steadman; also Representative(s) Summers--Concerning immunity
from certain criminal offenses when a person reports in good faith an emergency drug or
alcohol overdose event.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 2, page 79 and placed in members' bill files.)

Amendment No. 2(L.006), by Senator Aguilar.

Amend the Senate Judiciary Committee Report, dated February 1, 2012,
page 1, strike lines 3 through 6 and substitute:

"Page 4, strike lines 17 through 21.

Reletter succeeding paragraphs accordingly.

Page 5, strike lines 10 through 15.

Reletter succeeding paragraphs accordingly.

Page 6, strike lines 23 through 27.

Page 7, strike lines 1 through 8.

Renumber succeeding bill sections accordingly.".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


House Journal, March 2
23 SB12-020 be amended as follows, and as so amended, be referred to
24 the Committee of the Whole with favorable
25 recommendation:
26
27 Amend reengrossed bill, page 3, strike lines 3 and 4 and substitute:
28
29 "intends to encourage:
30
31 (I) Persons who otherwise would be reluctant to report such an
32 event due to a fear of criminal prosecution to do so without delay; and
33
34 (II) Persons who abuse alcohol or drugs to seek treatment and
35 assistance as necessary to obtain a safer, healthier lifestyle.".
36
37

House Journal, March 9
44 Amendment No. 1, Judiciary Report, dated March 1, 2012, and placed in
45 member's bill file; Report also printed in House Journal, March 2,
46 page 538.
47
48 Amendment No. 2, by Representative(s) Summers.
49
50 Amend reengrossed bill, page 4, line 6, strike "18-18-403.5 (1); EXCEPT
51 THAT THE IMMUNITY" and substitute "18-18-403.5 (1), IF THE OFFENSE IS
52 PENALIZED AS A MISDEMEANOR;".
53
54 Page 4, strike lines 7 through 14.
55
1 Amendment No. 3, by Representative(s) Summers.
2
3 Amend reengrossed bill, page 3, line 9, strike "AND ONE OR TWO OTHER
4 PERSONS".
5
6 Page 3, strike lines 11 through 25 and substitute "OF THIS SECTION IF:
7
8 (a) THE PERSON REPORTS IN GOOD FAITH AN EMERGENCY DRUG OR
9119 ALCOHOL OVERDOSE EVENT TO A LAW ENFORCEMENT OFFICER, TO THE
10 SYSTEM, OR TO A MEDICAL PROVIDER;
11
12 (b) THE PERSON REMAINS AT THE SCENE OF THE EVENT UNTIL A
13 LAW ENFORCEMENT OFFICER OR AN EMERGENCY MEDICAL RESPONDER
14 ARRIVES, OR THE PERSON REMAINS AT THE FACILITIES OF THE MEDICAL
15 PROVIDER UNTIL A LAW ENFORCEMENT OFFICER ARRIVES;
16
17 (c) THE PERSON IDENTIFIES HIMSELF OR HERSELF TO, AND
18 COOPERATES WITH, THE LAW ENFORCEMENT OFFICER, EMERGENCY
19 MEDICAL RESPONDER, OR MEDICAL PROVIDER; AND
20
21 (d) THE OFFENSE ARISES FROM THE SAME COURSE OF EVENTS FROM
22 WHICH THE EMERGENCY DRUG OR ALCOHOL OVERDOSE EVENT AROSE.".
23
24 Amendment No. 4, by Representative(s) Summers.
25
26 Amend reengrossed bill, page 7, strike line 11 and substitute "(2) (a),
27 (4.5) introductory portion, (4.5) (a), (4.5) (b), and (4.5) (d) as follows:".
28
29 Page 7, after line 20, insert:
30
31 "(4.5) An underage person and one or two other persons shall be
32 immune from criminal prosecution under this section if they establish HE
33 OR SHE ESTABLISHES the following:
34
35 (a) One of The underage persons PERSON called 911 and reported
36 IN GOOD FAITH that another underage person was in need of medical
37 assistance due to alcohol consumption;
38
39 (b) The underage person who called 911 and, if applicable, one or
40 two other persons acting in concert with the underage person who called
41 911 provided each of their names HIS OR HER NAME to the 911 operator;
42
43 (d) The underage person and, if applicable, one or two other
44 persons acting in concert with the underage person who made the 911 call
45 remained on the scene with the underage person in need of medical
46 assistance until assistance arrived and cooperated with medical assistance
47 and OR law enforcement personnel on the scene.
48
49 SECTION 9. In Colorado Revised Statutes, 12-47-901, amend
50 (1.5) introductory portion, (1.5) (a), (1.5) (b), and (1.5) (d) as follows:
51
52 12-47-901. Unlawful acts - exceptions. (1.5) An underage
53 person and one or two other persons shall be immune from criminal
54 prosecution under paragraph (b) or (c) of subsection (1) of this section if
55 they establish HE OR SHE ESTABLISHES the following:
56
1 (a) One of The underage persons PERSON called 911 and reported
2 that another underage person was in need of medical assistance due to
3 alcohol consumption;
4
5 (b) The underage person who called 911 and, if applicable, one or
6 two other persons acting in concert with the underage person who called
7 911 provided each of their names HIS OR HER NAME to the 911 operator;
8
9 (d) The underage person and, if applicable, one or two other
10 persons acting in concert with the underage person who made the 911 call
11 remained on the scene with the underage person in need of medical
12 assistance until assistance arrived and cooperated with medical assistance
13 and OR law enforcement personnel on the scene.".
14
15 Renumber succeeding section accordingly.
16
17 Amendment No. 5, by Representative(s) Summers.
18
19 Amend reengrossed bill, page 5, after line 10, insert:
20
21 "(4) IF A PERSON IS CONVICTED OF UNLAWFUL POSSESSION OF A
22 CONTROLLED SUBSTANCE, AS DESCRIBED IN SECTION 18-18-403.5 (2) (a)
23 OR (2) (b), AND, DURING THE SAME COURSE OF EVENTS FROM WHICH THE
24 OFFENSE ARISES, THE PERSON SATISFIED ALL OF THE CONDITIONS
25 DESCRIBED IN SUBSECTION (1) OF THIS SECTION, THE COURT SHALL
26 CONSIDER SUCH FACT AS A MITIGATING FACTOR IN SENTENCING THE
27 PERSON FOR SAID OFFENSE.".
28
29 Renumber succeeding subsection accordingly.
30
31 As amended, ordered revised and placed on the Calendar for Third
32 Reading and Final Passage.
33



SB12-021 Financial Literacy Program For County Residents 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates a pilot program administered by the division of local government (division) of the department of local affairs to distribute grants to counties to teach financial literacy classes to county residents (pilot program). A county may apply to the division to participate in the pilot program. The county determines the appropriate county agency or nonprofit organization to administer the pilot program in the county. A county may apply with a community partner, such as a nonprofit organization. The county must indicate the role of any community partner in its application. The director of the division will select no more than 4 counties to participate in the pilot program. The Colorado state university cooperative extension service (CSU extension service) will design the curriculum for the financial literacy classes used in the pilot program based upon curriculum the CSU extension service has already developed. The pilot program will test the efficacy of two teaching methods: CSU extension service staff teaches the financial literacy classes to county residents directly, or CSU extension service trains the trainers (county staff or volunteers) to teach the financial literacy classes. The division may seek gifts, grants, and donations to support the pilot program, which shall be credited to the financial literacy pilot program fund (fund). The division must report to the legislative council staff when it has received adequate funding through gifts, grants, or donations. Subject to available appropriations from the fund, the division will award grants to each of the counties selected to participate in the pilot program to cover a portion of the costs of administering the pilot program. Nothing in the bill precludes a county or a community partner from providing additional funds to support the pilot program. The division, in consultation with the CSU extension service, will set fees that participants pay for the financial literacy classes based on a sliding scale and may include a waiver of fees for hardship reasons. The division, in consultation with the CSU extension service, will also set a fee that counties pay for the costs of classes to teach participants and to train trainers. The fees paid by participants and by counties will be credited to the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the division to make grants and to the CSU extension service to teach classes. The CSU extension service will collect data from participants and from counties. The CSU extension service will contract with an outside evaluation specialist to evaluate the pilot program and submit a report and recommendations to the finance committees of the house of representatives and the senate, or any successor committees, on or before February 1, 2015. The evaluator will measure whether recipients have become more self-sufficient or financially knowledgeable because of the financial literacy classes and will evaluate the credit scores self-reported by the participants at the beginning of the instruction and one year after instruction. The statutes authorizing the pilot program are repealed, effective July 1, 2016.
Status: 01/11/2012 Introduced In Senate - Assigned to Local Government
01/11/2012 Introduced In Senate - Assigned to Local Government + Appropriations
02/14/2012 Senate Committee on Local Government Refer Amended to Appropriations
02/24/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
02/28/2012 Senate Second Reading Passed with Amendments
02/29/2012 Senate Third Reading Passed
03/05/2012 Introduced In House - Assigned to State, Veterans, & Military Affairs
03/22/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB12-021 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute the following:

"SECTION 1. In Colorado Revised Statutes, add part 34 to
article 32 of title 24 as follows:
PART 34
FINANCIAL LITERACY PILOT PROGRAM
24-32-3401. Financial literacy pilot program - legislative
declaration. (1) THE GENERAL ASSEMBLY DECLARES THAT THE PURPOSE
OF THE FINANCIAL LITERACY PILOT PROGRAM IS TO INCREASE THE ABILITY
OF PARTICIPANTS IN THE PILOT PROGRAM TO MANAGE THEIR PERSONAL
FINANCES BY PROVIDING ACCESS TO CLASSES ON FINANCIAL LITERACY.
THE GOALS OF THE PILOT PROGRAM ARE TO:
(a) PROVIDE ACCESS TO FINANCIAL EDUCATION AND RESOURCES
SO THAT PARTICIPANTS CAN OBTAIN PERSONAL FINANCIAL KNOWLEDGE
AND SKILLS THAT THEY CAN EMPLOY AT VARIOUS LIFE STAGES AND FOR
PARTICULAR LIFE EVENTS TO MAKE INFORMED FINANCIAL DECISIONS;
(b) DECREASE THE NUMBER OF PERSONS IN THE STATE WHO ARE
EVICTED, LOSE THEIR HOMES DUE TO FORECLOSURE, OR LOSE THEIR
TRANSPORTATION DUE TO REPOSSESSION OF A MOTOR VEHICLE
(c) DECREASE THE NUMBER OF PERSONS IN THE STATE WHO RELY
ON COLORADO WORKS OR OTHER FORMS OF PUBLIC ASSISTANCE; AND
(d) INCREASE THE NUMBER OF PERSONS IN THE STATE WHO ARE
FINANCIALLY SELF-SUFFICIENT.
24-32-3402. Definitions. AS USED IN THIS PART 34, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "COMMUNITY PARTNER" MEANS A NONPROFIT ORGANIZATION
THAT PARTNERS WITH A COUNTY TO PROVIDE VOLUNTEERS OR FINANCIAL
RESOURCES OR BOTH TO ASSIST A COUNTY IN OPERATING A FINANCIAL
LITERACY PILOT PROGRAM IN THE COUNTY.
(2) "CSU EXTENSION SERVICE" MEANS THE COLORADO STATE
UNIVERSITY COOPERATIVE EXTENSION SERVICE AS PROVIDED FOR IN PART
7 OF ARTICLE 31 OF TITLE 23, C.R.S.
(3) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS
CREATED IN SECTION 24-1-125.
(4) "FINANCIAL LITERACY" MEANS KNOWLEDGE OF PERSONAL
FINANCES THAT IS SUFFICIENT TO ENABLE A PERSON TO CREATE AND
MAINTAIN A HOUSEHOLD BUDGET, MANAGE PERSONAL DEBT, SAVE TO
MEET HIS OR HER FINANCIAL GOALS, UNDERSTAND CONSUMER CREDIT AND
FINANCE, KNOW THE IMPORTANCE OF SEEKING INFORMATION AND ASKING
QUESTIONS BEFORE ENTERING INTO FINANCIAL TRANSACTIONS, AND
UNDERSTAND AND SELECT FROM AMONG SHORT-TERM AND LONG-TERM
INVESTMENT OPTIONS.
(5) "PILOT PROGRAM" MEANS THE FINANCIAL LITERACY PILOT
PROGRAM CREATED IN SECTION 24-32-3404.
(6) "PARTICIPANT" MEANS A PERSON WHO ATTENDS FINANCIAL
LITERACY CLASSES OFFERED IN HIS OR HER COUNTY OF RESIDENCE BY A
COUNTY SELECTED TO PARTICIPATE IN THE FINANCIAL LITERACY PILOT
PROGRAM.
24-32-3403. Department of local affairs - oversight and
administration. AS OUTLINED IN SECTION 24-32-3404, THE DEPARTMENT
OF LOCAL AFFAIRS SHALL OVERSEE AND ADMINISTER THE FINANCIAL
LITERACY PILOT PROGRAM AND SHALL AWARD GRANTS TO COUNTIES
SELECTED TO PARTICIPATE IN THE PILOT PROGRAM.
24-32-3404. Financial literacy pilot program - fund - notice of
funding through gifts, grants, and donations. (1) THE CSU EXTENSION
SERVICE SHALL DESIGN A FINANCIAL LITERACY PILOT PROGRAM TO TEST
THE EFFICACY OF TWO TEACHING METHODS OF PROVIDING FINANCIAL
LITERACY CLASSES TO PARTICIPANTS, USING THE CURRICULUM DESCRIBED
IN SUBSECTION (5) OF THIS SECTION, AS FOLLOWS:
(a) UNDER ONE METHOD, THE CSU EXTENSION SERVICE TEACHES
THE FINANCIAL LITERACY CLASSES TO PARTICIPANTS; AND
(b) UNDER THE OTHER METHOD, THE CSU EXTENSION SERVICE
TRAINS STAFF FROM A COUNTY OR VOLUNTEERS FROM A COMMUNITY
PARTNER WORKING WITH A COUNTY TO TEACH FINANCIAL LITERACY
CLASSES TO PARTICIPANTS. IN THE METHOD DESCRIBED IN THIS
PARAGRAPH (b), THE CSU EXTENSION SERVICE EMPHASIZES HOW TO WORK
EFFECTIVELY AND SENSITIVELY WITH LOW-INCOME POPULATIONS. THE
TRAINING MAY ALSO INCLUDE HOW TO DELIVER FINANCIAL LITERACY
INSTRUCTION TO AN INDIVIDUAL PARTICIPANT OR TO GROUPS IN A
CLASSROOM SETTING.
(2) ON OR BEFORE OCTOBER 1, 2012, THE DEPARTMENT SHALL
DEVELOP AND ANNOUNCE THE REQUIREMENTS FOR THE PILOT PROGRAM,
THE APPLICATION PROCESS, AND THE CRITERIA FOR SELECTING COUNTIES
TO PARTICIPATE IN THE PILOT PROGRAM. IN DEVELOPING THE CRITERIA FOR
THE PILOT PROGRAM, THE DEPARTMENT SHALL INCLUDE A REQUIREMENT
THAT PARTICIPATION BY PARTICIPANTS IS VOLUNTARY. BASED ON THE
CRITERIA FOR THE PILOT PROGRAM AND THE STRENGTH OF THE
APPLICATION, THE DEPARTMENT SHALL SELECT NO MORE THAN FOUR
COUNTIES TO PARTICIPATE IN THE PILOT PROGRAM. ONE OF THE COUNTIES
SHALL HAVE A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND, ONE
OF THE COUNTIES SHALL HAVE A POPULATION OF MORE THAN
TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED THOUSAND, AND
TWO OF THE COUNTIES SHALL HAVE A POPULATION OF MORE THAN ONE
HUNDRED THOUSAND. THE PILOT PROGRAM SHALL COMMENCE ON OR
AFTER JANUARY 1, 2013, AND END ON DECEMBER 31, 2015.
(3) THE DEPARTMENT, IN CONSULTATION WITH THE CSU
EXTENSION SERVICE, SHALL ESTABLISH FEES FOR FINANCIAL LITERACY
CLASSES. THE FEES PAID BY PARTICIPANTS SHALL BE REASONABLE AND
ESTABLISHED ON A SLIDING SCALE BASED ON INCOME OR ABILITY TO PAY,
INCLUDING THE WAIVER OF FEES BASED ON HARDSHIP. ANY FEES PAID BY
PARTICIPANTS SHALL BE PAID TO THE DEPARTMENT, WHICH SHALL
TRANSMIT THE FEES TO THE STATE TREASURER TO BE CREDITED TO THE
FINANCIAL LITERACY PILOT PROGRAM FUND CREATED IN SUBSECTION (6)
OF THIS SECTION. THE DEPARTMENT AND CSU EXTENSION SERVICE SHALL
ALSO SET A FEE THAT THE COUNTIES SHALL PAY TO COVER THE DIRECT
COSTS TO THE CSU EXTENSION SERVICE OF TEACHING CLASSES TO
PARTICIPANTS AND OF TRAINING STAFF AND VOLUNTEERS TO TEACH
FINANCIAL LITERACY CLASSES. THE COUNTY SHALL PAY THOSE FEES TO
THE DEPARTMENT, WHICH SHALL TRANSMIT THE FEES TO THE STATE
TREASURER TO BE CREDITED TO THE FINANCIAL LITERACY PILOT PROGRAM
FUND CREATED IN SUBSECTION (6) OF THIS SECTION.
(4) (a) ON OR BEFORE NOVEMBER 1, 2012, A COUNTY MAY APPLY
TO THE DEPARTMENT TO PARTICIPATE IN THE PILOT PROGRAM. THE
APPLYING COUNTY DETERMINES THE APPROPRIATE COUNTY AGENCY TO
ADMINISTER THE PILOT PROGRAM IN THAT COUNTY, WHICH AGENCY MAY
INCLUDE THE COUNTY LIBRARY, THE COUNTY DEPARTMENT OF SOCIAL
SERVICES, THE COUNTY DEPARTMENT OF PUBLIC HEALTH, ANOTHER
COUNTY AGENCY, OR A COMMUNITY PARTNER. EACH APPLICATION SHALL
SPECIFY, AT A MINIMUM:
(I) WHICH OF THE TWO TEACHING METHODS DESCRIBED IN
SUBSECTION (1) OF THIS SECTION THAT THE COUNTY INTENDS TO USE;
(II) HOW THE COUNTY WOULD NOTIFY ITS RESIDENTS OF THE
FINANCIAL LITERACY CLASSES, INCLUDING RADIO AND NEWSPAPER
ANNOUNCEMENTS, PRESS RELEASES, POSTERS, AND BROCHURES
(III) THE NUMBER OF PARTICIPANTS THE COUNTY EXPECTS TO
SERVE;
(IV) THE AGENCY THAT WILL ADMINISTER THE PROGRAM IN THE
COUNTY AND WHETHER THE COUNTY IS PARTNERING WITH A COMMUNITY
PARTNER;
(V) WHETHER THE COUNTY WOULD PROVIDE COUNTY FUNDS FOR
THE PILOT PROGRAM, AND, IF SO, THE PROJECTED AMOUNT;
(VI) THE PROJECTED BUDGET FOR THE PILOT PROGRAM; AND
(VII) ANY OTHER INFORMATION THE CSU EXTENSION SERVICE OR
THE DEPARTMENT DEEMS NECESSARY TO THE APPLICATION.
(b) THE COUNTY MAY APPLY WITH A COMMUNITY PARTNER. IF THE
COUNTY APPLIES WITH A COMMUNITY PARTNER, THE COUNTY SHALL
INDICATE THE ROLE OF THE COMMUNITY PARTNER AND WHETHER THE
COMMUNITY PARTNER IS PROVIDING ADDITIONAL FUNDING TO SUPPORT
THE COSTS OF THE PILOT PROGRAM IN THAT COUNTY
(5) (a) THE CSU EXTENSION SERVICE SHALL DESIGN THE
CURRICULUM FOR THE FINANCIAL LITERACY CLASSES BASED UPON
CURRICULUM THE SERVICE HAS ALREADY DEVELOPED THAT EMPHASIZES
THE FIVE CORE COMPETENCIES THAT HELP CONSUMERS TO MAKE
INFORMED DECISIONS ABOUT THEIR PERSONAL FINANCES: EARNING,
SPENDING, SAVING AND INVESTING, BORROWING, AND PROTECTING
AGAINST RISK. THE CSU EXTENSION SERVICE WILL DETERMINE THE
FREQUENCY AND DURATION OF THE CLASSES AND HOW TO MEASURE THE
PARTICIPANTS' IMPROVED KNOWLEDGE AND APPLICATION OF THE
INSTRUCTION TO THEIR LIVES. THE CSU EXTENSION SERVICE SHALL ALSO
DESIGN THE FINANCIAL LITERACY CURRICULUM TO TEACH A PARTICIPANT,
AT A MINIMUM, TO:
(I) ASSESS HIS OR HER EARNING CAPABILITIES AND INCOME
INCLUDING INCREASED EARNING POTENTIAL;
(II) ASSESS HIS OR HER CURRENT SPENDING PRACTICES OR ASSESS
THE SPENDING PRACTICES OF HIS OR HER HOUSEHOLD
(III) DEVELOP A BUDGET, INCLUDING HOW TO DETERMINE HOW
MUCH OF THE HOUSEHOLD'S INCOME CAN BE SPENT ON RENT OR HOUSING,
GROCERIES, CHILD CARE, TRANSPORTATION, INCIDENTALS, OR OTHER
ITEMS;
(IV) FIND WAYS TO SAVE MONEY AND TO DETERMINE HOW MUCH
TO SAVE;
(V) UNDERSTAND CONSUMER CREDIT AND FINANCE, INCLUDING
HOW TO UNDERSTAND AND OBTAIN A CONSUMER CREDIT REPORT, HOW TO
AVOID PITFALLS AND RISKS FROM DIFFERENT FINANCIAL CREDIT
PRODUCTS, AND WHERE TO OBTAIN HELP AND INFORMATION ON CONSUMER
CREDIT AND FINANCE
(VI) MANAGE PERSONAL DEBT AND EVALUATE CREDIT OPTIONS;
AND
(VII) UNDERSTAND AND EVALUATE PERSONAL INVESTMENT
OPTIONS.
(b) THE CLASS INSTRUCTOR SHALL PREPARE A REPORT AND SUBMIT
IT TO THE CSU EXTENSION SERVICE, INCLUDING THE NAME OF THE
PARTICIPATING COUNTY, THE NUMBER OF PARTICIPANTS, AND AN
EVALUATION TOOL COMPLETED BY EACH PARTICIPANT INDICATING THE
PARTICIPANT'S KNOWLEDGE OF HIS OR HER CREDIT SCORE AND THAT THE
PARTICIPANT PREPARED A WRITTEN FINANCIAL PLAN FOR THE PERSONAL
USE OF THE PARTICIPANT AND NOT SHARED WITH THE EVALUATOR.
(6) (a) THE DEPARTMENT IS AUTHORIZED TO SEEK AND ACCEPT
GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR
THE PURPOSES OF AWARDING GRANTS TO COUNTIES SELECTED TO
PARTICIPATE IN THE PILOT PROGRAM; EXCEPT THAT THE DEPARTMENT MAY
NOT ACCEPT A GIFT, GRANT, OR DONATION THAT IS SUBJECT TO
CONDITIONS THAT ARE INCONSISTENT WITH THIS PART 34 OR ANY OTHER
LAW OF THE STATE. THE DEPARTMENT SHALL TRANSMIT ALL PRIVATE AND
PUBLIC MONEYS RECEIVED THROUGH GIFTS, GRANTS, OR DONATIONS TO
THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE FINANCIAL
LITERACY PILOT PROGRAM FUND, WHICH FUND IS HEREBY CREATED AND
REFERRED TO IN THIS SECTION AS THE "FUND". THE FUND SHALL CONSIST
OF MONEYS RECEIVED FROM GIFTS, GRANTS, AND DONATIONS, FEES
COLLECTED FROM PARTICIPANTS WHO ATTEND FINANCIAL LITERACY
CLASSES AS DESCRIBED IN SUBSECTION (4) OF THIS SECTION, FEES PAID BY
COUNTIES FOR TRAINING CLASSES AS DESCRIBED IN SUBSECTION (4) OF
THIS SECTION, AND ANY MONEYS THAT MAY BE APPROPRIATED TO THE
FUND BY THE GENERAL ASSEMBLY. THE MONEYS IN THE FUND ARE
SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY TO THE
DEPARTMENT TO MAKE GRANTS AND TO THE CSU EXTENSION SERVICE FOR
THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS
PART 34.
(b) THE STATE TREASURER MAY INVEST ANY MONEYS IN THE FUND
NOT EXPENDED FOR THE PURPOSE OF THIS PART 34 AS PROVIDED BY LAW.
THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED
FROM THE INVESTMENT AND DEPOSIT OF MONEYS IN THE FUND TO THE
FUND. ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN
THE FUND AT THE END OF A FISCAL YEAR REMAIN IN THE FUND AND SHALL
NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER
FUND. THE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED AND
UNENCUMBERED MONEYS REMAINING IN THE FUND AS OF JUNE 30, 2016,
TO THE GENERAL FUND.
(c) (I) IN SEEKING OR ACCEPTING A GIFT, GRANT, OR DONATION,
THE DEPARTMENT SHALL NOTIFY THE LEGISLATIVE COUNCIL STAFF WHEN
THE DEPARTMENT HAS RECEIVED ADEQUATE FUNDING THROUGH GIFTS
GRANTS, OR DONATIONS FOR THE PILOT PROGRAM AND SHALL INCLUDE IN
THE NOTIFICATION THE INFORMATION SPECIFIED IN SECTION 24-75-1303
(3).
(II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2016.
(7) (a) SUBJECT TO AVAILABLE APPROPRIATIONS FROM THE FUND
CREATED IN SUBSECTION (8) OF THIS SECTION, THE DEPARTMENT SHALL
AWARD A GRANT TO EACH OF THE COUNTIES SELECTED TO PARTICIPATE IN
THE PILOT PROGRAM. THE PURPOSE OF THE GRANT IS TO COVER THE COSTS
OF ADMINISTERING THE PILOT PROGRAM IN A SELECTED COUNTY. NOTHING
IN THIS SECTION PRECLUDES A COUNTY OR A COMMUNITY PARTNER FROM
PROVIDING ADDITIONAL FUNDS TO SUPPORT THE PILOT PROGRAM.
(b) AS A CONDITION OF ACCEPTING A GRANT, EACH COUNTY SHALL
AGREE TO PARTICIPATE IN ANY SURVEYS FROM AND SUBMIT ANY DATA OR
EVALUATIONS REQUESTED BY THE CSU EXTENSION SERVICE
(8) (a) THE CSU EXTENSION SERVICE SHALL CONTRACT WITH AN
OUTSIDE EVALUATION SPECIALIST TO EVALUATE THE RESULTS OF THE
PILOT PROGRAM. THE EVALUATION SPECIALIST SHALL SUBMIT A REPORT
TO THE DEPARTMENT AND TO THE FINANCE COMMITTEES AND LOCAL
GOVERNMENT COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE, OR ANY SUCCESSOR COMMITTEES, ON OR BEFORE FEBRUARY 1,
2015.
(b) THE REPORT SUBMITTED PURSUANT TO PARAGRAPH (a) OF THIS
SUBSECTION (8) SHALL INCLUDE:
(I) THE NUMBER OF COUNTIES THAT PARTICIPATED IN THE PILOT
PROGRAM;
(II) THE NUMBER OF PARTICIPANTS THAT PARTICIPATED IN AND
COMPLETED FINANCIAL LITERACY CLASSES;
(III) EVALUATION MEASURES SUCH AS THE NUMBER OF
PARTICIPANTS WHO KNOW THEIR ACTUAL CREDIT SCORES, THE NUMBER OF
PARTICIPANTS WHO KNOW HOW TO DEVELOP BUDGETS AND FINANCIAL
PLANS, WHETHER PARTICIPANTS HAVE BECOME MORE SELF-SUFFICIENT OR
FINANCIALLY KNOWLEDGEABLE THROUGH PARTICIPATING IN THE
FINANCIAL LITERACY CLASSES, AND WHETHER THE GOALS STATED IN
SECTION 24-32-3401 WERE MET;
(IV) A COMPARISON OF THE TWO TEACHING METHODS DESCRIBED
IN SUBSECTION (1) OF THIS SECTION AND A CONSIDERATION OF WHETHER
ONE METHOD WAS MORE EFFECTIVE THAN THE OTHER; AND
(V) RECOMMENDATIONS FOR FUTURE FINANCIAL LITERACY
TRAINING.
24-32-3405. Repeal of part. THIS PART 34 IS REPEALED, EFFECTIVE
JULY 1, 2016, UNLESS EXTENDED BY THE GENERAL ASSEMBLY ACTING BY
BILL.
SECTION 2. In Colorado Revised Statutes, 23-31-704, add (5)
as follows:
23-31-704. Organization - cooperative relationships - repeal.
(5) (a) THE SERVICE SHALL COOPERATE WITH THE DEPARTMENT OF LOCAL
AFFAIRS AND WITH ANY PARTICIPATING COUNTIES TO CARRY OUT THE
PURPOSES OF THE FINANCIAL LITERACY PILOT PROGRAM CREATED IN PART
34 OF ARTICLE 32 OF TITLE 24, C.R.S., AND TO CARRY OUT DUTIES
ASSIGNED TO THE SERVICE IN SECTION 24-32-3404, C.R.S.
(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2016,
UNLESS PART 34 OF ARTICLE 32 OF TITLE 24, C.R.S., IS EXTENDED BY THE
GENERAL ASSEMBLY ACTING BY BILL.
SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

Senate Journal, February 24
After consideration on the merits, the Committee recommends that SB12-021 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Local Government Committee Report, dated February 14,
2012, page 7, after line 19 insert:

"SECTION 3. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
financial literacy pilot program cash fund created in section 24-32-3404
(6) (a), Colorado Revised Statutes, not otherwise appropriated, for the
fiscal year beginning July 1, 2012, the sum of $68,433 and 1.8 FTE, or so
much thereof as may be necessary, for the implementation of this act. Of
said sum, $25,933 and 0.3 FTE, or so much thereof as may be necessary,
is appropriated to the department of local affairs for allocation to the
division of local government, and $42,500 and 1.5 FTE, or so much
thereof as may be necessary, is appropriated to the department of higher
education for allocation to the board of governors of the Colorado state
university system.".
Renumber succeeding section accordingly.

Page 7 of the committee report, after line 22, insert:

"Page 1 of the printed bill, line 102, strike "COUNTIES." and substitute
"COUNTIES, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".



SB12-022 Maintain Child Care Assistance Working Families 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Under the current law, when a person receiving child care assistance under the Colorado child care assistance program (CCCAP) is ineligible due to exceeding the income eligibility level adopted by the county department of social services, the county department is strongly encouraged to continue providing child care assistance for 6 months and to work with the person to provide a gradual transition off of the child care assistance. This bill eliminates that permissive 6-month option when a person's income exceeds the county-adopted eligibility level and requires that the county continue to provide child care assistance to the person for a period of 2 years while the person pays a series of incremental increases in the portion of the parental share of the child care. The bill requires the state board of human services to adopt rules establishing a formula for the scheduled increases in the parental share based on income and on the cost of child care with the goal of the parent becoming more self-sufficient, maintaining stable employment, and taking on more of the cost of child care over the 2-year period. A family that receives child care assistance during the extended 2-year period is required to report any income changes during the 2-year period and is subject to a redetermination of eligibility after the first 12 months.
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
02/09/2012 Senate Committee on Health and Human Services Refer Amended to Senate Committee of the Whole
02/14/2012 Senate Second Reading Laid Over Daily
02/28/2012 Senate Second Reading Passed with Amendments
02/29/2012 Senate Third Reading Reconsidered
02/29/2012 Senate Third Reading Passed
02/29/2012 Senate Third Reading Passed
03/05/2012 Introduced In House - Assigned to Health and Environment
03/20/2012 House Committee on Health and Environment Refer Unamended to House Committee of the Whole
03/22/2012 House Second Reading Laid Over Daily
03/23/2012 House Second Reading Laid Over Daily
03/26/2012 House Second Reading Passed
03/27/2012 House Third Reading Passed
04/02/2012:01 PM 04:10 Signed by the President of the Senate
04/09/2012:24 PM 04:20 Signed by the Speaker of the House
04/09/2012 Sent to the Governor
04/13/2012 Governor Action - Signed
Amendments:

Senate Journal, February 10
After consideration on the merits, the Committee recommends that SB12-022 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute the following:

"SECTION 1. In Colorado Revised Statutes, add 26-2-808 as
follows:
26-2-808. Pilot program to continue child care assistance with
modifications - legislative declaration - county participation - report
- repeal. (1) THE GENERAL ASSEMBLY DECLARES THAT THE PURPOSE OF
THIS SECTION IS TO CREATE A PILOT PROGRAM TO STUDY WHETHER A NEW
APPROACH TO THE COLORADO CHILD CARE ASSISTANCE PROGRAM CAN
MITIGATE THE CIRCUMSTANCE, REFERRED TO IN THIS SECTION AS THE
"CLIFF EFFECT", THAT SOMETIMES OCCURS WHEN WORKING PARENTS WHO
ARE PARTICIPANTS IN THE COLORADO CHILD CARE ASSISTANCE PROGRAM
RECEIVE A MINOR INCREASE IN THEIR INCOME THAT MAKES THEM
INELIGIBLE FOR CHILD CARE ASSISTANCE AND THE INCREASE IN WAGES IS
NOT ENOUGH TO COVER THE COSTS FOR CHILD CARE WITHOUT THE CHILD
CARE ASSISTANCE. THE GENERAL ASSEMBLY FINDS THAT THIS
PHENOMENON OFTEN CREATES DISINCENTIVES FOR FAMILIES TO ACHIEVE
SELF-SUFFICIENCY. THE GENERAL ASSEMBLY ALSO ENCOURAGES COUNTIES
PARTICIPATING IN THE PILOT PROGRAM TO CREATE EFFECTIVE PUBLIC AND
PRIVATE PARTNERSHIPS WITH NONPROFIT ORGANIZATIONS AND
BUSINESSES TO FIND ADDITIONAL INNOVATIVE WAYS TO CONTINUE CHILD
CARE ASSISTANCE FOR WORKING PARENTS AS AN ECONOMIC BENEFIT TO
FAMILIES AND FOR CONTINUITY OF QUALITY EARLY EDUCATION FOR THE
CHILD. THE GENERAL ASSEMBLY FINDS THAT ALLOWING WORKING
PARENTS TO CONTINUE TO RECEIVE CHILD CARE ASSISTANCE THROUGH
THE PILOT PROGRAM ESTABLISHED IN THIS SECTION WILL BE BENEFICIAL
TO:
(a) CHILDREN WHO ARE ABLE TO CONTINUE IN A STABLE DAY CARE
ENVIRONMENT;
(b) WORKING PARENTS WHO ARE ABLE TO CONTINUE TO WORK AND
ADVANCE IN THEIR JOBS AND BECOME MORE SELF-SUFFICIENT; AND
(c) EMPLOYERS WHO HAVE A WORK FORCE THAT IS MORE STABLE
BECAUSE THEIR EMPLOYEES HAVE CONSISTENT CHILD CARE
ARRANGEMENTS AND HAVE AN INCENTIVE TO STAY WITH AND ADVANCE
IN THE SAME EMPLOYMENT.
(2) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, THE
STATE DEPARTMENT IS AUTHORIZED TO DEVELOP AND OVERSEE A PILOT
PROGRAM IN WHICH THE COLORADO CHILD CARE ASSISTANCE PROGRAM
AS OUTLINED IN SECTION 26-2-805 IS MODIFIED TO MITIGATE THE CLIFF
EFFECT FOR LOW-INCOME FAMILIES THAT ARE WORKING AND RECEIVING
CHILD CARE ASSISTANCE, REFERRED TO IN THIS SECTION AS THE "PILOT
PROGRAM". COUNTY DEPARTMENTS OF SOCIAL SERVICES MAY APPLY TO
THE EXECUTIVE DIRECTOR OR HIS OR HER DESIGNEE TO PARTICIPATE IN
THE PILOT PROGRAM. THE EXECUTIVE DIRECTOR OR HIS OR HER DESIGNEE
MAY SELECT UP TO TEN COUNTIES THAT WILL PARTICIPATE IN THE PILOT
PROGRAM AS DESCRIBED IN THIS SECTION. IN SELECTING THE COUNTIES,
THE EXECUTIVE DIRECTOR OR HIS OR HER DESIGNEE SHALL SEEK
DIVERSITY IN THE SIZE OF POPULATION, REGIONAL LOCATION, AND
DEMOGRAPHIC COMPOSITION.
(3) SUBJECT TO AVAILABLE APPROPRIATIONS, A COUNTY THAT IS
PARTICIPATING IN THE PILOT PROGRAM SHALL CONTINUE TO PROVIDE
CHILD CARE ASSISTANCE FOR A PERIOD OF UP TO TWO YEARS FOR ANY
PERSON WHO HAS BEEN RECEIVING CHILD CARE ASSISTANCE FROM THE
COUNTY AND WHOSE INCOME EXCEEDS THE COUNTY-ADOPTED INCOME
ELIGIBILITY LIMIT FOR THE COUNTY'S CHILD CARE ASSISTANCE PROGRAM.
THE COUNTY SHALL REQUIRE A PARENT WHO IS RECEIVING EXTENDED
CHILD CARE ASSISTANCE TO PAY A SERIES OF INCREMENTAL INCREASES IN
THE PORTION OF THE PARENTAL SHARE OF THE CHILD CARE COSTS ON A
SCHEDULED BASIS BASED UPON A FORMULA ESTABLISHED BY THE COUNTY;
EXCEPT THAT ASSISTANCE SHALL NOT BE PROVIDED IF SAID INCOME
EXCEEDS THE MAXIMUM LEVEL FOR ELIGIBILITY FOR SERVICES SET BY
FEDERAL LAW FOR A FAMILY OF THE SAME SIZE. THE COUNTY SHALL WORK
WITH THE PERSON TO PROVIDE A GRADUAL TRANSITION OFF OF THE CHILD
CARE ASSISTANCE OVER A TWO-YEAR PERIOD. EACH COUNTY DEPARTMENT
SHALL SET ITS OWN PARENTAL FEE SCHEDULE AND MAY CONSULT WITH
THE STATE DEPARTMENT ON SETTING THE PARENTAL FEE SCHEDULE.
(4) A FAMILY THAT IS RECEIVING CHILD CARE ASSISTANCE FOR AN
EXTENDED PERIOD OF TIME UNDER THE PILOT PROGRAM SHALL REPORT
INCOME CHANGES TO THE COUNTY DURING THE TWO-YEAR PERIOD AND IS
SUBJECT TO A REDETERMINATION BY THE COUNTY AFTER THE FIRST
TWELVE MONTHS.
(5) AS PART OF THE PILOT PROGRAM, A COUNTY IS ENCOURAGED
TO CREATE EFFECTIVE PUBLIC AND PRIVATE PARTNERSHIPS WITH
NONPROFIT ORGANIZATIONS AND BUSINESSES TO FIND INNOVATIVE WAYS
TO SUPPLEMENT ITS CHILD CARE ASSISTANCE PROGRAM FUNDS TO HELP
PARENTS CONTINUE TO PAY FOR CHILD CARE, INCLUDING THE POSSIBILITY
OF USING THE COLORADO CHILD CARE CONTRIBUTION CREDIT PURSUANT
TO SECTION 39-22-121, C.R.S., TO LEVERAGE ADDITIONAL MONEYS TO
PROVIDE A STIPEND TO ASSIST THE FAMILY THROUGH THE TIME PERIOD
AFTER THE FAMILY'S INCOME MAKES THEM INELIGIBLE OR AT RISK OF
BEING INELIGIBLE FOR CHILD CARE ASSISTANCE.
(6) A COUNTY MAY PARTICIPATE IN THE PILOT PROGRAM ON AND
AFTER JULY 1, 2012, AND THROUGH JULY 1, 2016. A COUNTY SHALL
OPERATE THE PILOT PROGRAM FOR AT LEAST TWO YEARS. A COUNTY MAY
APPLY TO PARTICIPATE IN THE PILOT PROGRAM ON OR BEFORE JANUARY 1,
2014. EACH PARTICIPATING COUNTY SHALL COLLECT DATA ON THE PILOT
PROGRAM AND SHALL WORK WITH THE STATE DEPARTMENT TO EVALUATE
AND REPORT ON THE PILOT PROGRAM USING MEASURABLE OUTCOMES.
(7) THE STATE DEPARTMENT SHALL COMPILE THE DATA
SUBMITTED BY THE COUNTIES PURSUANT TO SUBSECTION (6) OF THIS
SECTION AND SUBMIT A REPORT ON THE PILOT PROGRAM WITH THE STATE
DEPARTMENT'S FINDINGS AND RECOMMENDATIONS TO THE HOUSE HEALTH
AND ENVIRONMENT COMMITTEE AND TO THE SENATE HEALTH AND HUMAN
SERVICES COMMITTEE, OR ANY SUCCESSOR COMMITTEES. THE STATE
DEPARTMENT SHALL SUBMIT ITS REPORT ON OR BEFORE OCTOBER 1, 2015.
(8) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2016.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".



SB12-023 Improve Eligible Persons Access To PACE Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill removes organizations providing a program of all-inclusive care for the elderly (PACE) from licensure by the department of public health and environment as home care agencies. The bill requires the department of health care policy and financing (department) staff, the single entry point system staff, county department staff, and PACE program staff to fully inform an eligible person, prior to enrolling the person in an accountable care organization or collaborative, a managed care organization, or other risk-bearing entity that serves medicaid or medicaid-eligible beneficiaries, about the benefits available through the PACE program in the area where the eligible person resides and that PACE enrollment is an option for the eligible person. The medical services board (board) is required to adopt rules regarding these requirements. The term "eligible person", for purposes of the PACE program, is amended to include dually eligible persons. A "dually eligible person" is defined as a person who is eligible for assistance or benefits under both medicaid and medicare. The bill also defines "accountable care organization or collaborative" and "regional care collaborative organization". An eligible person who is enrolled in an accountable care organization or collaborative, a managed care organization, or other risk-bearing entity may elect to withdraw from or terminate such enrollment and enroll in and receive services from a PACE program. The board's rules shall define how such election is made. The department shall provide quarterly to each PACE provider a list of all eligible persons residing in the area served by such PACE provider who have not elected to participate in the PACE program.
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
02/02/2012 Senate Committee on Health and Human Services Witness Testimony and/or Committee Discussion Only
02/29/2012 Senate Committee on Health and Human Services Refer Amended to Senate Committee of the Whole
03/05/2012 Senate Second Reading Passed
03/05/2012 Senate Second Reading Passed with Amendments
03/06/2012 Senate Third Reading Passed
03/09/2012 Introduced In House - Assigned to Health and Environment
03/15/2012 House Committee on Health and Environment Refer Unamended to House Committee of the Whole
03/20/2012 House Second Reading Passed
03/21/2012 House Third Reading Passed
03/28/2012:15 PM 04:10 Signed by the President of the Senate
03/30/2012:00 PM 04:20 Signed by the Speaker of the House
04/02/2012 Sent to the Governor
04/12/2012 Governor Action - Signed
Amendments:

Senate Journal, March 1
After consideration on the merits, the Committee recommends that SB12-023 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. In Colorado Revised Statutes, 25.5-5-412, amend
(6) and (7); and add (6.5) as follows:
25.5-5-412. Program of all-inclusive care for the elderly -
legislative declaration - services - eligibility - rules. (6) The state
department, in cooperation with the single entry point agencies
established in section 25.5-6-106, shall develop and implement a
coordinated plan to provide education about PACE program site
operations under this section. The state board shall adopt rules:
(a) To ensure that case managers and any other appropriate state
department staff discuss the option and potential benefits of participating
in the PACE program with all eligible long-term care clients. These rules
shall require additional and on-going training of the single entry point
agency case managers in counties where a PACE program is operating.
This training shall be provided by a federally approved PACE provider.
In addition, each single entry point agency may designate case managers
who have knowledge about the PACE program; AND
(b) TO ALLOW PACE PROVIDERS TO CONTRACT WITH AN
ENROLLMENT BROKER TO INCLUDE THE PACE PROGRAM IN ITS
MARKETING MATERIALS TO ELIGIBLE LONG-TERM CLIENTS.
(6.5) AN ELIGIBLE PERSON WHO IS ENROLLED IN A MANAGED CARE
ORGANIZATION, AN ORGANIZATION CONTRACTED WITH THE STATE
DEPARTMENT PURSUANT TO PART 4 OF ARTICLE 5 OF THIS TITLE, OR OTHER
RISK-BEARING ENTITY MAY ELECT TO WITHDRAW FROM OR TERMINATE
SUCH ENROLLMENT AND ENROLL IN AND RECEIVE SERVICES THROUGH A
PACE PROGRAM. THE STATE BOARD'S RULES SHALL DEFINE HOW SUCH
ELECTION IS MADE. THE EFFECTIVE DATE OF AN ELIGIBLE PERSON'S
ELECTION SHALL NOT BE MORE THAN THIRTY DAYS AFTER THE ELIGIBLE
PERSON'S DATE OF ELECTION.
(7) For purposes of this section:
(a) "DUALLY ELIGIBLE PERSON" MEANS A PERSON WHO IS ELIGIBLE
FOR ASSISTANCE OR BENEFITS UNDER BOTH MEDICAID AND MEDICARE.
(b) "Eligible person" means a frail elderly individual who
voluntarily enrolls in the PACE program and whose gross income does
not exceed three hundred percent of the current federal supplemental
security income benefit level, whose resources do not exceed the limit
established by the state department of human services for individuals
receiving a mandatory minimum state supplementation of SSI benefits
pursuant to section 26-2-204, C.R.S., or in the case of a person who is
married, do not exceed the amount authorized in section 25.5-6-101, and
for whom a physician licensed pursuant to article 36 of title 12, C.R.S.,
certifies that such a program provides an appropriate alternative to
institutionalized care. "ELIGIBLE PERSON" MAY ALSO INCLUDE A DUALLY
ELIGIBLE PERSON.
(c) The term "Frail elderly" means an individual who meets
functional eligibility requirements, as established by the state department,
for nursing home care and who is fifty-five years of age or older.
SECTION 2. In Colorado Revised Statutes, 25.5-6-106, amend
(2) (b) (IV); and add (2) (c) (IX.5) as follows:
25.5-6-106. Single entry point system - authorization - phases
for implementation - services provided. (2) Single entry point
agencies - service programs - functions. (b) The agency may serve
private paying clients on a fee-for-service basis and shall serve clients of
publicly funded long-term care programs, including, but not limited to,
the following:
(IV) Long-term home health care, INCLUDING SERVICES PROVIDED
BY A PACE ORGANIZATION PROVIDING A PROGRAM OF ALL-INCLUSIVE
CARE FOR THE ELDERLY PURSUANT TO SECTION 25.5-5-412.
(c) The major functions of a single entry point shall include, but
need not be limited to, the following:
(IX.5) INFORMING ELIGIBLE PERSONS ABOUT THE BENEFITS OF
PARTICIPATING IN THE PROGRAM OF ALL-INCLUSIVE CARE FOR THE
ELDERLY PROVIDED BY A PACE ORGANIZATION PURSUANT TO SECTION
25.5-4-412 AS AN ALTERNATIVE TO ENROLLMENT IN A MANAGED CARE
ORGANIZATION, AN ORGANIZATION CONTRACTED WITH THE STATE
DEPARTMENT PURSUANT TO PART 4 OF ARTICLE 5 OF THIS TITLE, OR OTHER
RISK-BEARING ENTITY.
SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".
Page 1, strike lines 104 through 108 and substitute "PROGRAM AND
ADDRESSING HOW THE PACE PROGRAM WORKS WITH INTEGRATIVE
INITIATIVES INVOLVING THE MEDICAID POPULATION IN COLORADO.".



SB12-024 Residential Nonprofit Corp Refunds Open Meetings 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-24 Nonprofit corporations - residential nonprofits - refund of entrance fees - payments due after termination of residential membership - meetings - notice requirements. The act relieves a residential nonprofit corporation of its current obligations to: Refund the entrance fee of a residential member within 90 days after the member's resignation, termination, expulsion, or suspension from the corporation; and Hold a member or his or her heirs harmless from liability for any periodic payments due more than 30 days after the member's termination due to death or another reason beyond the member's control. Meetings of a committee of the board of directors that is not authorized to take final action on the board's behalf are not subject to open meeting and published agenda requirements, but residential members are entitled to regular notice of meetings and a general description of the subject matter via postings at a designated location or on a web site. APPROVED by Governor March 22, 2012 EFFECTIVE March 22, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Local Government
01/24/2012 Senate Committee on Local Government Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/27/2012 Senate Second Reading Laid Over Daily
01/30/2012 Senate Second Reading Passed
01/31/2012 Senate Third Reading Passed
01/31/2012 Senate Third Reading Reconsidered
02/06/2012 Introduced In House - Assigned to Economic and Business Development
02/28/2012 House Committee on Economic and Business Development Refer Amended to House Committee of the Whole
03/02/2012 House Second Reading Passed with Amendments
03/05/2012 House Third Reading Passed
03/07/2012 Senate Considered House Amendments - Result was to Concur - Repass
03/12/2012:01 AM 04:10 Signed by the President of the Senate
03/14/2012:38 PM 04:20 Signed by the Speaker of the House
03/14/2012 Sent to the Governor
03/22/2012 Governor Action - Signed
Amendments:

House Journal, February 29
27 SB12-024 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Amend reengrossed bill, page 3, line 10, after "(a) (I)" insert "(A)".
32
33 Page 3, line 11, strike "directors," and substitute "directors OR EXECUTIVE
34 COMMITTEE,".
35
36 Page 3, line 17, after "examination" insert "IN ADVANCE" and after the
37 period add:
38
39 "IF THERE IS NO FORMAL AGENDA, RESIDENTIAL MEMBERS OR THEIR
40 REPRESENTATIVES ARE NONETHELESS ENTITLED TO A GENERAL
41 DESCRIPTION OF THE PURPOSE OF THE MEETING AND THE SUBJECT MATTER
42 THAT WILL BE DISCUSSED.
43
44 (B) THE BOARD SHALL INFORM ALL MEMBERS, AT LEAST
45 ANNUALLY, OF THE METHOD BY WHICH MEETING AGENDAS AND OTHER
46 INFORMATION REQUIRED BY SUB-SUBPARAGRAPH (A) OF THIS
47 SUBPARAGRAPH (I) WILL BE PROVIDED, INCLUDING THE PHYSICAL
48 LOCATION OF PLACES WHERE AGENDAS AND MEETING NOTICES MAY BE
49 POSTED OR THE WEB ADDRESS WHERE ON-LINE POSTINGS MAY BE MADE.
50 THE BOARD SHALL GIVE AT LEAST THIRTY DAYS' ADVANCE NOTICE OF ANY
51 CHANGE IN THE MANNER OR MEANS BY WHICH MEETING INFORMATION
52 WILL BE PROVIDED.".
53
54



SB12-025 Concealed Handgun Carry With No Permit 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates exceptions to the offenses of carrying a concealed weapon and unlawful possession of a weapon on school, college, or university grounds if the person legally possesses a handgun under the laws of Colorado and of the United States. A person who carries a concealed handgun under one of the exceptions has the same carrying rights and is subject to the same limitations that apply to a person who holds a permit to carry a concealed handgun.
Status: 01/11/2012 Introduced In Senate - Assigned to State, Veterans & Military Affairs
01/23/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
Amendments:

SB12-026 Agency Rules With State Mandates On A Local Gov 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-26 State agency - promulgation of rules - state mandate - compliance with existing law - feedback from local governments. Currently, a state agency (agency) is prohibited from promulgating a rule that requires a local government to undertake a specific activity or to provide a specific service that satisfies minimum state standards (state mandate) unless the state provides additional moneys to reimburse the local government for the additional costs. The act includes this requirement in the "State Administrative Procedure Act". For each proposed rule that includes a state mandate, an agency is required to provide information to the director of the office of state planning and budgeting (director) relating to the rule and consultations with elected officials and other representatives of local governments. The agency is prohibited from conducting a public hearing on the proposed rule unless it receives a written notice from the director that the information complies with the law. The agency must include the information and the director's notice in the agency rule-making record and provide copies of them to the executive committee of the legislative council. An agency is also required to develop a process to actively solicit the input of elected officials and other representatives of local governments into the development of proposed rules affecting a local government. The act permits an agency to adopt a temporary or emergency rule without complying with these new requirements, but compliance is required in order for the rule to become permanent. APPROVED by Governor May 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 01/11/2012 Introduced In Senate - Assigned to Local Government
01/11/2012 Introduced In Senate - Assigned to Local Government + Appropriations
01/31/2012 Senate Committee on Local Government Refer Amended to Appropriations
04/10/2012 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
04/12/2012 Senate Second Reading Passed with Amendments
04/13/2012 Senate Third Reading Laid Over Daily
04/17/2012 Senate Third Reading Passed
04/19/2012 Introduced In House - Assigned to Local Government
04/23/2012 House Committee on Local Government Refer Amended to Appropriations
04/27/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
05/01/2012 House Second Reading Special Order - Passed with Amendments
05/02/2012 House Third Reading Laid Over Daily
05/08/2012 House Third Reading Passed
05/09/2012 Senate Considered House Amendments - Result was to Concur - Repass
05/14/2012:37 PM 04:10 Signed by the President of the Senate
05/16/2012:26 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
05/24/2012 Governor Action - Signed
Amendments:

Senate Journal, February 1
After consideration on the merits, the Committee recommends that SB12-026 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 2, line 12, strike "UNLESS:" and substitute
"UNLESS THE AGENCY COMPLIES WITH THE REQUIREMENTS OF SECTION
29-1-304.5, C.R.S.".

Page 2, strike line 13.

Page 3, strike lines 1 through 8.

Page 3, line 9, strike "FOR" and substitute "BEGINNING JANUARY 1, 2014,
FOR".

Page 3, strike line 10.

Page 3, line 11, strike "THE SECRETARY OF STATE," and substitute
"MANDATE,".

Page 3, strike line 27.

Page 4, line 1, strike "RECEIVES THE INFORMATION." and substitute
"AGENCY.".

Page 4, line 8, strike "AS".

Page 4, line 9, strike "SOON AS PRACTICABLE" and substitute "NO LATER
THAN JANUARY 1, 2014,".

Page 4, after line 13 insert:

"(f) THE GENERAL ASSEMBLY SHALL APPROPRIATE ANY MONEYS
NECESSARY FOR THE IMPLEMENTATION OF THIS SUBSECTION (2.7) TO
OFFICE OF STATE PLANNING AND BUDGETING IN THE ANNUAL GENERAL
APPROPRIATION ACT FOR THE FISCAL YEAR 2013-14.".

Page 5, line 26, strike "7," and substitute "8,".


Trans-
portation

House Journal, April 24
1 SB12-026 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend reengrossed bill, page 3, line 6, strike "THE AGENCY'S
6 CONSULTATION" and substitute "ANY CONSULTATIONS THAT THE AGENCY
7 HAD".
8
9 Page 3, line 7, after "WITH" insert "ELECTED OFFICIALS OR OTHER".
10
11 Page 3, line 9, strike "THE CONCERNS OF THE" and substitute "ANY
12 CONCERNS OF THE ELECTED OFFICIALS OR OTHER".
13
14 Page 3, line 12, after "BY" insert "AN ELECTED OFFICIAL OR OTHER
15 REPRESENTATIVE OF".
16
17



SB12-027 Committee Of Reference Review Of Rules 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates an additional rule review process for rules adopted on or after November 1, 2011, that are determined by the staff of the committee on legal services (the office of legislative legal services) to be related to legislation enacted during any legislative session, regular or special, commencing on or after January 1, 2011. The rules are to be reviewed by a committee of reference of the general assembly. The legislative council staff determines what committee of reference appears to be the most appropriate based on the principal departments assigned to each committee of reference as specified in legislative rule. The committees of reference must review all assigned rules no later than the 45th day of the legislative session. Each committee of reference may establish its own procedures for the review, but the bill sets forth minimum requirements for at least one public meeting. The bill allows the committees of reference to disapprove a rule for any reason, but provides the committees of reference some minimum considerations. The bill requires that the committees of reference recommend to the general assembly a bill regarding the committee's determinations related to the expiration or postponement of the expiration of rules assigned to and reviewed by the committee of reference. The bill also requires the posting of a completed cost-benefit analysis on the official web sites of the agencies completing the cost-benefit analysis and the official web site of the department of regulatory agencies.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
01/11/2012 Introduced In Senate - Assigned to Judiciary + Appropriations
02/01/2012 Senate Committee on Judiciary Witness Testimony and/or Committee Discussion Only
02/14/2012 Senate Committee on Judiciary Refer Amended to Appropriations
04/10/2012 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/12/2012 Senate Second Reading Laid Over Daily
04/24/2012 Senate Second Reading Passed with Amendments
04/25/2012 Senate Third Reading Laid Over Daily
04/26/2012 Senate Third Reading Passed
05/01/2012 Introduced In House - Assigned to Economic and Business Development
05/03/2012 House Committee on Economic and Business Development Refer Unamended to House Committee of the Whole
05/08/2012 House Second Reading Laid Over Daily
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB12-027 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 2, line 3, strike "portion, (8) (d), and (11) (a);"
and substitute "portion".

Page 3, strike lines 15 through 27.

Strike page 4.

Page 5, strike lines 1 through 22.

Page 5, line 23, strike "(e) (I)" and substitute "(8) (e)".

Page 6, strike lines 2 through 27 and substitute "ON LEGAL SERVICES
SHALL NOTIFY IN WRITING THE PRIME SPONSORS AND COSPONSORS OF THE
ENACTED LEGISLATION AND THE MEMBERS OF THE COMMITTEES OF
REFERENCE IN THE SENATE AND HOUSE OF REPRESENTATIVES FOR THAT
ENACTED LEGISLATION THAT A RULE HAS BEEN ADOPTED AS A RESULT OF
THE LEGISLATION.".

Strike page 7.

Page 8, strike lines 1 through 14.

Page 1, line 101, strike "AN ADDITIONAL REVIEW" and substitute
"NOTICE TO CERTAIN MEMBERS OF THE GENERAL ASSEMBLY".

Page 1, strike line 103 and substitute "AS A RESULT OF AN ENACTED
LEGISLATIVE MEASURE.".


Senate Journal, April 24
SB12-027 by Senator(s) Scheffel; --Concerning notice to certain members of the general assembly of
rules promulgated pursuant to the "State Administrative Procedure Act" as a result of an
enacted legislative measure.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 15, page 164 and placed in members' bill files.)

Amendment No. 2(L.005), by Senator Scheffel

Amend the Judiciary Committee Report, dated February 14, 2012, page
1, line 8, strike "WRITING THE" and substitute "WRITING ANY SITTING".

Page 1, line 9, before "MEMBERS" insert "CURRENT".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.




SB12-028 Aggravated Juvenile Offenders 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: When a juvenile is adjudicated a delinquent for either murder in the first or second degree and adjudicated an aggravated juvenile offender, the court may sentence the juvenile consecutively or concurrently for all adjudicated offenses arising from the petition. Under current law, an aggravated juvenile offender whose custody is transferred to the department of corrections is subject to the adult parole provisions. The bill sets the period of parole for an aggravated juvenile offender who was adjudicated a delinquent for first degree murder at 20 years after the completion of his or her sentence. Under current law, when an aggravated juvenile offender who is under the jurisdiction of the department of human services reaches 20 years and 6 months of age, the court conducts a hearing to determine the offender's further placement. The bill requires the court to order a psychological evaluation before the hearing to determine if the juvenile is a danger to himself or herself or others.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
01/11/2012 Introduced In Senate - Assigned to Judiciary + Appropriations
01/30/2012 Senate Committee on Judiciary Refer Amended to Appropriations
04/10/2012 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/12/2012 Senate Second Reading Laid Over Daily
04/24/2012 Senate Second Reading Passed with Amendments
04/25/2012 Senate Third Reading Laid Over Daily
04/26/2012 Senate Third Reading Passed
05/01/2012 Introduced In House - Assigned to Judiciary
05/03/2012 House Committee on Judiciary Refer Unamended to Appropriations
05/04/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
05/08/2012 House Second Reading Laid Over Daily
Amendments:

Senate Journal, April 24
SB12-028 by Senator(s) Grantham; --Concerning aggravated juvenile offenders adjudicated for
murder.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, January 31, pages 59-60 and placed in members' bill files.)


Amendment No. 2(L.008), by Senator Grantham.

Amend the Judiciary Committee Report, dated January 30, 2012, page 1,
line 2, after "(D)" insert "and (10)".

Page 1 of committee report, strike lines 15 through 18 and substitute:

"Page 3 of the bill, line 7, strike "BY A STATE-EMPLOYED" insert "AND
RISK ASSESSMENT BY A MENTAL HEALTH PROFESSIONAL"

Page 3 of the bill, strike line 8.".

Page 2 of the committee report, strikes line 1 and 2 and substitute

"Page 3 of the bill, strike line 10 and substitute "OR HERSELF OR TO
OTHERS. THE MENTAL HEALTH PROFESSIONAL".

Page 3 of the bill, line 11, strike "THREE COPIES" and substitute "A COPY".

Page 3 of the bill, line 12, strike "CLERK OF THE", and strike "IT" and
substitute "IT, THE PROSECUTING ATTORNEY, AND COUNSEL FOR THE
JUVENILE".

Page 3 of the bill, line 13, strike "THE CLERK SHALL FURNISH A COPY".

Page 3 of the bill, strike lines 14 and 15.".

Page 2 of the committee report, line 6, strike "YOUTH" and substitute
"YOUTHFUL OFFENDER SYSTEM,".

Page 2 of the committee report, line 7, strike "OFFENDER SERVICE
PROGRAM,".

Page 2 of the committee report, strike line 14.

Page 2 of the committee report, line 15, strike "MENTAL HEALTH" and
substitute "EVALUATION AND RISK ASSESSMENT,".

Page 2 of the committee report, strike line 16.

Page 2 of the committee report, after line 22, insert:

"Page 3 of the bill, after line 25, insert:
"(10) "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON WHO IS
EMPLOYED BY THE DEPARTMENT OF HUMAN SERVICES OR IS EMPLOYED
UNDER CONTRACT WITH THE DEPARTMENT OF HUMAN SERVICES AND IS:
(a) A LICENSED PHYSICIAN WITH THE APPROPRIATE TRAINING AND
EXPERTISE IN PSYCHIATRY; OR
(b) A LICENSED PSYCHOLOGIST.".".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.




SB12-029 Enactment Of 2011 CRS 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Committee on Legal Services. This bill enacts the softbound volumes of Colorado Revised Statutes 2011 as the positive and statutory law of the state of Colorado and establishes the effective date of said publication. SE N A T E 3r d R ead i ng U n am en d e d J a nua r y 31, 2012 SE N A T E 2 nd R ead i ng U n am en d e d J a nua r y 30, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
01/24/2012 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/27/2012 Senate Second Reading Laid Over Daily
01/30/2012 Senate Second Reading Passed
01/31/2012 Senate Third Reading Passed
02/06/2012 Introduced In House - Assigned to Judiciary
02/28/2012 House Committee on Judiciary Refer Unamended to House Committee of the Whole
03/02/2012 House Second Reading Passed
03/05/2012 House Third Reading Passed
03/07/2012:30 AM 04:10 Signed by the President of the Senate
03/09/2012:06 AM 04:20 Signed by the Speaker of the House
03/12/2012 Sent to the Governor
03/19/2012 Governor Action - Signed
Amendments:

SB12-030 Public Trustee & Foreclosure Sales 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Section 1 of the bill requires an electronic payment to an account of a public trustee to be in compliance with conditions placed on the account by the public trustee for such transfer. Section 2 of the bill requires a holder of an evidence of debt (holder) or the attorney for a holder, when commencing a foreclosure, to file a statement identifying the loan servicer of the evidence of debt, if any. Section 3 of the bill requires a public trustee to include in a combined notice the following statement, which shall be in bold: If a sale is continued, the deadline to file a notice of intent to cure by those parties entitled to cure may also be extended. Section 4 of the bill establishes a form for the cure statement, which is a statement of all sums necessary to cure the default that caused the foreclosure, and also modifies procedures related to the cure statement. Section 5 of the bill permits a rule 120 hearing notice, which relates to a court order authorizing a sale of the foreclosed property, to be presented to the occupant of the residential property. Currently, the notice may only be given by posting. Section 6 of the bill adds a line for a confirmation deed fee and a confirmation deed recording fee to the bid form submitted by a holder. Both are fees collected by the officer and would be paid to the officer from the proceeds of the foreclosure sale. Section 7 of the bill modifies foreclosure procedures for a property that is part of a bankruptcy proceeding. Section 8 of the bill modifies the calculation of excess proceeds from a foreclosure sale and shortens the deadline for an officer to transfer unclaimed excess proceeds to a county treasurer. Section 9 of the bill clarifies that an assignment of a lien must always be attached to the notice of intent to redeem by a lienor. Section 10 of the bill modifies when an officer is required to execute and record a confirmation deed and specifies the conditions under which an assignee must be listed as the grantee on the deed. Section 11 of the bill specifies the procedures for releasing a deed of trust that has been recorded in the wrong county.
Status: 01/11/2012 Introduced In Senate - Assigned to Local Government
01/24/2012 Senate Committee on Local Government Refer Amended to Senate Committee of the Whole
01/27/2012 Senate Second Reading Laid Over Daily
02/06/2012 Senate Second Reading Passed with Amendments
02/07/2012 Senate Third Reading Laid Over Daily
02/13/2012 Senate Third Reading Passed with Amendments
02/15/2012 Introduced In House - Assigned to Local Government
03/05/2012 House Committee on Local Government Refer Amended to House Committee of the Whole
03/08/2012 House Second Reading Laid Over Daily
03/09/2012 House Second Reading Laid Over Daily
03/12/2012 House Second Reading Laid Over Daily
03/16/2012 House Second Reading Passed with Amendments
03/19/2012 House Third Reading Passed
03/21/2012 Senate Considered House Amendments - Result was to Concur - Repass
03/27/2012:57 AM 04:10 Signed by the President of the Senate
03/30/2012:46 PM 04:20 Signed by the Speaker of the House
04/02/2012 Sent to the Governor
04/12/2012 Governor Action - Signed
Amendments:

Senate Journal, January 25
After consideration on the merits, the Committee recommends that SB12-030 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 5, strike lines 14 and 15 and substitute:

"__________ PAYMENTS OF $ __________ EACH".

Page 8, line 19, strike "(3)" and substitute "(3); and add (4)".

Page 8, line 21, strike "properties." and substitute "properties -
definition." and strike "fifteen" and substitute "fifteen FOURTEEN".

Page 8, line 26, strike "PRESENTED TO THE OCCUPANT OF".

Page 8, line 27, strike "THE RESIDENTIAL PROPERTY OR".

Page 9, line 1, strike "possible NOTICE IS GIVEN" and substitute
"possible,".

Page 9, line 2, strike "THROUGH POSTING,".

Page 9, strike lines 5 through 7 and substitute "gate or similar
impediment. IF A PERSON AT THE RESIDENCE IS IMPEDING POSTING AT THE
RESIDENCE AT THE TIME OF THE ATTEMPTED POSTING, THE NOTICE MAY BE
HANDED TO THAT PERSON TO SATISFY THIS POSTING REQUIREMENT. THE
NOTICE REQUIRED BY THIS SUBSECTION (3) IS SUFFICIENT IF IT COMPLIES
WITH THE REQUIREMENTS OF THIS SECTION WITHOUT REGARD TO ANY
REQUIREMENTS FOR SERVICE OF PROCESS IN A CIVIL ACTION REQUIRED BY
COURT RULE.
(4) AS USED IN THIS SECTION, "RESIDENTIAL PROPERTY" MEANS
ANY REAL PROPERTY UPON WHICH A DWELLING, AS DEFINED IN SECTION
5-1-301 (18), C.R.S., IS CONSTRUCTED AND OCCUPIED.".

Page 14, line 17, strike "(1) and".

Page 14, strike lines 18 through 26 and substitute:

"38-38-111. Treatment of excess proceeds. (3) UNLESS THE
PROPERTY IS SOLD BY THE SHERIFF AND ALL THE PROCEEDS OF THE SALE
ARE DEPOSITED INTO THE REGISTRY OF THE COURT, any unclaimed excess
proceeds shall be transferred by the".

Senate Journal, February 13
SB12-030 by Senator(s) Jahn; also Representative(s) Liston--Concerning administrative matters
related to a foreclosure sale.

A majority of those elected to the Senate having voted in the affirmative, Senator Jahn was
given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.003), by Senators Jahn and Neville.


Amend engrossed bill, page 2, after line 1 insert:

"SECTION 1. In Colorado Revised Statutes, amend 38-13-108.2
as follows:
38-13-108.2. Property held by courts and public agencies.
(1) EXCEPT AS SET FORTH IN SUBSECTION (2) OF THIS SECTION, intangible
property held for the owner by a court, state or other government,
governmental subdivision or agency, public corporation, or public
authority which remains unclaimed by the owner for more than one year
after becoming payable or distributable is presumed abandoned.
(2) UNCLAIMED EXCESS PROCEEDS FROM A PROPERTY SOLD
FOLLOWING THE FORECLOSURE OF A DEED OF TRUST OR OTHER LIEN THAT
ARE TRANSFERRED TO A COUNTY TREASURER WHICH REMAIN UNCLAIMED
FOR FIVE YEARS FROM THE DATE OF SALE ARE PRESUMED ABANDONED.".

Renumber succeeding sections accordingly.

Page 14, strike lines 21 through 27.

Strike page 15.

Page 16, strike lines 1 through 6 and substitute:

"SECTION 9. In Colorado Revised Statutes, 38-38-111, amend
(3); and add (2.5) and (5) as follows:
38-38-111. Treatment of excess proceeds - definition.
(2.5) (a) A PUBLIC TRUSTEE SHALL INCLUDE THE FOLLOWING STATEMENT
ON THE PUBLIC TRUSTEE'S WEB SITE:
NOTICE TO AN OWNER IN FORECLOSURE: IF
YOUR PROPERTY GOES TO FORECLOSURE AUCTION SALE AND
IS PURCHASED FOR MORE THAN THE TOTAL OWED TO THE
LENDER AND TO ALL OTHER LIEN HOLDERS, PLEASE
CONTACT THE PUBLIC TRUSTEE'S OFFICE AFTER THE SALE
BECAUSE YOU MAY HAVE FUNDS DUE TO YOU.
(b) IN ORDER TO PAY THE OWNER OF THE PROPERTY AS REQUIRED
PURSUANT TO SUBSECTION (2) OF THIS SECTION, A PUBLIC TRUSTEE SHALL
SEND A NOTICE TO THE OWNER. IF THE AMOUNT OF EXCESS PROCEEDS IS
GREATER THAN TWENTY-FIVE DOLLARS, THE PUBLIC TRUSTEE SHALL MAKE
REASONABLE EFFORTS TO IDENTIFY THE OWNER'S CURRENT ADDRESS. THE
PUBLIC TRUSTEE SHALL MAIL THE OWNER A NOTICE REGARDING THE
EXCESS PROCEEDS TO THE BEST AVAILABLE ADDRESS AT LEAST TWO
WEEKS PRIOR TO THE TIME THE PUBLIC TRUSTEE TRANSFERS THE
UNCLAIMED EXCESS PROCEEDS TO THE COUNTY TREASURER PURSUANT TO
PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION, BUT NO LATER THAN
THIRTY DAYS AFTER THE EXPIRATION OF ALL REDEMPTION PERIODS AS
PROVIDED IN SECTION 38-38-302.
(3) (a) UNLESS THE PROPERTY IS SOLD BY THE SHERIFF AND ALL
THE PROCEEDS OF THE SALE ARE DEPOSITED INTO THE REGISTRY OF THE
COURT, any unclaimed excess proceeds shall be transferred by the officer
to the county treasurer within ninety FORTY-FIVE calendar days after the
expiration of all redemption periods as provided in section 38-38-302 and
held in escrow for five years from the date of sale. The county
TREASURER shall be answerable for the funds without interest at any time
within the five-year period to such persons as shall be legally entitled to
the funds. Any interest earned on the escrowed funds shall be paid to the
county at least annually. Any funds UNCLAIMED EXCESS PROCEEDS THAT
ARE LESS THAN TWENTY-FIVE DOLLARS AND THAT ARE not claimed within
five years from the date of sale shall be paid by the county treasurer to the
general fund of the county. After the lapse of five years from the date of
sale, no claim therefor having been made and established by any person
entitled thereto, said SUCH moneys PAID TO THE GENERAL FUND OF THE
COUNTY shall become the property of the county. and UNCLAIMED EXCESS
PROCEEDS THAT ARE EQUAL TO OR GREATER THAN TWENTY-FIVE DOLLARS
AND THAT ARE NOT CLAIMED WITHIN FIVE YEARS FROM THE DATE OF THE
SALE SHALL BE PRESUMED TO BE UNCLAIMED PROPERTY FOR PURPOSES OF
THE "UNCLAIMED PROPERTY ACT". AFTER THE UNCLAIMED EXCESS
PROCEEDS ARE TRANSFERRED TO THE ADMINISTRATOR IN ACCORDANCE
WITH SUCH ACT OR TO THE GENERAL FUND OF THE COUNTY, the county
treasurer and officer shall be discharged from any further liability or
responsibility for the moneys. except that,
(b) If the moneys UNCLAIMED EXCESS PROCEEDS exceed five
hundred dollars and have not been claimed by any person entitled thereto
within sixty calendar days from the expiration of all redemption periods
as provided by section 38-38-302, the county treasurer SHALL:
(I) MAKE DILIGENT INQUIRY TO DETERMINE THE CURRENT
ADDRESS OF THE OWNER;
(II) PRIOR TO THE PUBLICATION REQUIRED PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH (b), MAIL TO THE OWNER A
NOTICE REGARDING THE UNCLAIMED EXCESS PROCEEDS AT THE BEST
AVAILABLE ADDRESS FOR THE OWNER;
(III) Within ninety calendar days from the expiration of all
redemption periods, shall commence publication of a notice for four
weeks, which means publication once each week for five successive
weeks in some newspaper of general circulation in the county where the
subject property is located. The notice shall contain the name of the
record owner, as of the recording of the notice of election and demand or
lis pendens, the owner's address as given in the recorded instrument
evidencing the owner's interest, and the legal description and street
address, if any, of the property sold at the sale and shall state that excess
proceeds were realized from the sale and that, unless the funds are
claimed by the record owner as of the recording of the notice of election
and demand or lis pendens or other person entitled thereto within five
years from the date of sale, the funds shall become the property of the
county in the manner provided in this subsection (3) BE TRANSFERRED TO
THE STATE TREASURER AS PART OF THE "UNCLAIMED PROPERTY ACT".
The county treasurer shall also mail a copy of the notice to the record
owner as of the recording of the notice of election and demand or lis
pendens at the BEST AVAILABLE address. provided in the recorded
instrument evidencing his or her interest and at the property address.
(d) The fees and costs of publication and mailing REQUIRED
PURSUANT TO THIS SUBSECTION (3) shall be paid from the moneys
escrowed by the county treasurer.
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "OWNER" MEANS THE RECORD OWNER OF THE PROPERTY AS OF
THE RECORDING OF THE NOTICE OF ELECTION AND DEMAND OR LIS
PENDENS.".


The amendment was passed on the following roll call vote:


House Journal, March 6
54 SB12-030 be amended as follows, and as so amended, be referred to
55 the Committee of the Whole with favorable
56 recommendation:
1 Amend reengrossed bill, page 3, strike lines 2 through 5 and substitute:
2
3 "(2) ANY OVERBID, AS DEFINED IN SECTION 38-38-100.3, C.R.S.,
4 THAT IS EQUAL TO OR GREATER THAN TWENTY-FIVE DOLLARS AND THAT
5 REMAINS UNCLAIMED FOR FIVE YEARS FROM THE DATE OF SALE IS
6 PRESUMED ABANDONED.".
7
8 Page 3, after line 20 insert:
9
10 "SECTION 3. In Colorado Revised Statutes, 38-38-100.3, add
11 (17.3) as follows:
12
13 38-38-100.3. Definitions. As used in articles 37 to 39 of this title,
14 unless the context otherwise requires:
15
16 (17.3) "OVERBID" MEANS THE AMOUNT A PROPERTY IS SOLD FOR
17 AT A FORECLOSURE SALE THAT IS IN EXCESS OF THE WRITTEN OR AMENDED
18 BID AMOUNT EXECUTED BY THE HOLDER OF THE EVIDENCE OF DEBT
19 SECURED BY THE DEED OF TRUST OR OTHER LIEN BEING FORECLOSED.".
20
21 Renumber succeeding sections accordingly.
22
23 Page 3, line 21, after "38-38-101," insert "amend (10); and".
24
25 Page 4, after line 7 insert:
26
27 "(10) Deposit. The public trustee may require a deposit of up to
28 six hundred fifty dollars or the amount of the fee permitted pursuant to
29 section 38-37-104 (1) (b) (I), whichever is greater, at the time the notice
30 of election and demand is filed, to be applied against the fees and costs
31 of the public trustee. The public trustee may allow the attorney for the
32 holder of the evidence of debt to establish one or more accounts with the
33 public trustee, which the public trustee may use to pay the fees and costs
34 of the public trustee in any foreclosure filed by the holder or the attorney
35 for the holder, or through which the public trustee may transmit refunds
36 or cures, excess proceeds OVERBIDS, or redemption proceeds.".
37
38 Page 15, line 8, before "(3);" insert "(1), (2), and".
39
40 Page 15, strike lines 9 through 11 and substitute:
41
42 "38-38-111. Treatment of an overbid - definition. (1) If, at a
43 sale, the property is sold for an amount in excess of the written or
44 amended bid amount executed by the holder of the evidence of debt
45 secured by the deed of trust or other lien being foreclosed, such excess
46 proceeds AN OVERBID shall be first applied to any deficiency as indicated
47 in the holder's bid, and then paid to the officer PUBLIC TRUSTEE to be held
48 in escrow until the end of all redemption periods as provided in section
49 38-38-302.
50
51 (2) Upon the expiration of all redemption periods provided in
52 section 38-38-302, any remaining excess proceeds OVERBID shall be paid
53 in order of recording priority to junior lienors, determined as of the
54 recording date of the notice of election and demand or lis pendens
55 according to the records, who have duly filed a notice of intent to redeem
56 and whose liens have not been redeemed pursuant to section 38-38-302,
1 in each case up to the unpaid amount of each such lienor's lien plus fees
2 and costs. A lienor holding a lien that is not entitled to redeem by virtue
3 of being recorded after the notice of election and demand, a lienor that
4 has not timely filed a notice of intent to redeem pursuant to section
5 38-38-302, or a lienor who accepts less than a full redemption pursuant
6 to section 38-38-302 (4) (c) shall not have any claim to any portion of the
7 excess proceeds OVERBID. After payment to all lienors and the holder
8 entitled to receive excess proceeds A PORTION OF THE OVERBID pursuant
9 to this section, any remaining excess proceeds OVERBID shall be paid to
10 the owner. of the property as of the date and time of the recording of the
11 notice of election and demand or lis pendens.
12
13 (2.5) (a) IF A PUBLIC TRUSTEE MAINTAINS A WEB SITE FOR HIS OR
14 HER OFFICE, THE PUBLIC TRUSTEE SHALL INCLUDE THE FOLLOWING
15 STATEMENT ON SUCH WEB SITE:".
16
17 Page 15, line 20, strike "EXCESS PROCEEDS IS" and substitute "REMAINING
18 OVERBID IS EQUAL TO OR".
19
20 Page 15, strike lines 24 through 27 and substitute "REMAINING OVERBID
21 TO THE BEST AVAILABLE ADDRESS NO LATER THAN".
22
23 Page 16, strike lines 5 through 8 and substitute "COURT, any unclaimed
24 excess proceeds REMAINING OVERBID shall be transferred by the officer
25 to the county treasurer within ninety calendar days after the expiration of
26 all redemption periods as provided in section 38-38-302 and held BY THE
27 PUBLIC TRUSTEE in escrow for five years from the date of sale. The
28 county".
29
30 Page 16, line 9, strike "TREASURER" and substitute "PUBLIC TRUSTEE".
31
32 Page 16, line 12, strike "EXCESS PROCEEDS" and substitute "REMAINING
33 OVERBIDS".
34
35 Page 16, line 14, strike "by the county treasurer" and substitute "by the
36 county treasurer".
37
38 Page 16, strike lines 15 through 17 and substitute "general fund of the
39 county, After the lapse of five years from the date of sale, no claim
40 therefor having been made and established by any person entitled thereto,
41 said AND SUCH moneys PAID TO THE GENERAL FUND OF THE".
42
43 Page 16, line 18, strike "and UNCLAIMED EXCESS" and substitute "and the
44 county treasurer and officer UNCLAIMED".
45
46 Page 16, line 19, strike "PROCEEDS" and substitute "REMAINING
47 OVERBIDS".
48
49 Page 16, strike lines 22 through 26 and substitute:
50
51 "THE "UNCLAIMED PROPERTY ACT" AND TRANSFERRED TO THE
52 ADMINISTRATOR IN ACCORDANCE WITH SUCH ACT. AFTER THE UNCLAIMED
53 REMAINING OVERBIDS ARE TRANSFERRED TO THE ADMINISTRATOR OR TO
54 THE GENERAL FUND OF THE COUNTY, THE PUBLIC TRUSTEE shall be
55 discharged from any further liability or responsibility for the moneys.
56 except that,".
1 Page 16, line 27, strike "EXCESS PROCEEDS" and substitute "REMAINING
2 OVERBIDS".
3
4 Page 17, strike lines 3 through 10 and substitute "as provided by section
5 38-38-302, the county treasurer PUBLIC TRUSTEE SHALL, within ninety
6 calendar days from the expiration of all".
7
8 Page 17, line 18, strike "excess" and substitute "excess".
9
10 Page 17, line 19, strike "proceeds were" and substitute "proceeds were AN
11 OVERBID WAS".
12
13 Page 17, line 25, strike "county treasurer" and substitute "county treasurer
14 PUBLIC TRUSTEE".
15
16 Page 18, line 4, strike "county treasurer." and substitute "county treasurer
17 PUBLIC TRUSTEE.".
18
19

House Journal, March 16
18 Amendment No. 1, Local Government Report, dated March 5, 2012, and
19 placed in member's bill file; Report also printed in House Journal,
20 March 6, pages 566-569.
21
22 Amendment No. 2, by Representative(s) Liston.
23
24 Amend the Local Government Committee Report, dated March 5, 2012,
25 page 2, line 18, strike "officer PUBLIC TRUSTEE" and substitute "officer".
26
27 Page 3 of the report, strike lines 5 through 11 and substitute "Page 16 of
28 the bill, strike lines 5 through 9 and substitute "COURT, any unclaimed
29 excess proceeds REMAINING OVERBID FROM A FORECLOSURE SALE HELD
30 PRIOR TO SEPTEMBER 1, 2012, shall be transferred by the officer to the
31 county treasurer within ninety calendar days after the expiration of all
32 redemption periods as provided in section 38-38-302 and held in escrow,
33 for five years from the date of sale AND ANY UNCLAIMED REMAINING
34 OVERBID FROM A FORECLOSURE SALE HELD ON OR AFTER SEPTEMBER 1,
35 2012, SHALL BE HELD BY THE OFFICER IN ESCROW. IN EITHER CASE, THE
36 REMAINING OVERBID SHALL BE HELD FOR FIVE YEARS FROM THE DATE OF
37 THE SALE. The county TREASURER OR OFFICER, WHOMEVER HOLDS THE
38 REMAINING OVERBID IN ESCROW, shall be answerable for the funds
39 without interest at any time".".
40
41 Page 3 of the report, strike lines 20 and 21 and substitute "Page 16 of the
42 bill, line 18, strike "EXCESS".".
43
44 Page 3 of the report, line 24, strike "26" and substitute "24".
45
46 Page 3 of the report, strike lines 28 through 30 and substitute "THE
47 GENERAL FUND OF THE COUNTY, the county".".
48
49 Page 4 of the report, strike line 4 and substitute "38-38-302, the county
50 treasurer OR OFFICER SHALL, within ninety".
51
52 Page 4 of the report, after line 5 insert:
53
54 "Page 17 of the bill, line 14, after "located." insert "THE COUNTY
55 TREASURER IS RESPONSIBLE FOR THE NOTICE OF AN OVERBID FROM A
56 FORECLOSURE SALE HELD PRIOR TO SEPTEMBER 1, 2012, AND THE OFFICER
1 IS RESPONSIBLE FOR THE NOTICE OF AN OVERBID FROM A FORECLOSURE
2 SALE HELD ON OR AFTER SEPTEMBER 1, 2012.".".
3
4 Page 4 of the report, strike lines 9 and 10 and substitute "Page 17 of the
5 bill, line 25, after "treasurer" insert "OR OFFICER, WHOMEVER HOLDS THE
6 REMAINING OVERBID IN ESCROW,".".
7
8 Page 4 of the report, strike lines 11 and 12 and substitute:
9
10 "Page 18 of the bill, line 4, strike "treasurer." and substitute "treasurer OR
11 OFFICER, WHOMEVER HOLDS THE REMAINING OVERBID IN ESCROW.".
12
13 Page 20 of the bill, line 26, strike "The" and substitute "Excluding the
14 provisions of sections 1, 3, and 10 of this act and section 38-38-101 (10),
15 Colorado Revised Statutes, as amended in section 4 of this act, the".".
16
17 As amended, ordered revised and placed on the Calendar for Third
18 Reading and Final Passage.
19



SB12-031 Federal Mineral Lease Districts 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-31 County powers - authority to create federal mineral lease districts - changes to district's and district board of director's powers - allow for further autonomy of the district. The laws regarding the formation of a federal mineral lease district, including changes to the district's and district board of director's powers, are changed to allow the district to be more autonomous from the county creating the district. A federal mineral lease district is an independent body politic, separate and distinct from the county that creates it. Powers of the district and the board of directors are further enumerated. Methods for dissolving a district are established and the membership and terms of the board of directors are clarified. The district may reserve all or a portion of the federal mineral lease funding for use in subsequent years in order to maximize the usefulness of the direct or indirect distribution of funding for the areas socially or economically impacted by the development, processing, or energy conversion of fuels and minerals leased under a federal act. APPROVED by Governor April 6, 2012 EFFECTIVE April 6, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
02/02/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/08/2012 Senate Second Reading Laid Over Daily
02/09/2012 Senate Second Reading Passed
02/13/2012 Senate Third Reading Laid Over to 02/20/2012
02/20/2012 Senate Third Reading Laid Over to 02/27/2012
02/27/2012 Senate Third Reading Passed
03/01/2012 Introduced In House - Assigned to Local Government
03/14/2012 House Committee on Local Government Refer Amended to House Committee of the Whole
03/19/2012 House Second Reading Laid Over Daily
03/20/2012 House Second Reading Passed with Amendments
03/21/2012 House Third Reading Laid Over Daily
03/22/2012 House Third Reading Passed
03/26/2012 Senate Considered House Amendments - Result was to Concur - Repass
03/28/2012:43 PM 04:10 Signed by the President of the Senate
03/30/2012:33 PM 04:20 Signed by the Speaker of the House
04/02/2012 Sent to the Governor
04/06/2012 Governor Action - Signed
Amendments:

House Journal, March 15
47 SB12-031 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend reengrossed bill, page 8, line 7, after "appointment" insert "or
52 election".
53
54 Page 8, line 8, strike "Immediately" and substitute "(I) EXCEPT AS
55 PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (a), immediately".
56
1 Page 8, after line 11 insert:
2
3 "(II) IF THE BOARD OF COUNTY COMMISSIONERS FINDS THAT THE
4 BOARD OF DIRECTORS FOR THE DISTRICT SHOULD BE ELECTED RATHER
5 THAN APPOINTED, THE BOARD OF COUNTY COMMISSIONERS SHALL OUTLINE
6 THE METHOD OF SUCH AN ELECTION BY DULY ADOPTING BY MAJORITY
7 VOTE A RESOLUTION TO THAT EFFECT. THE ELECTION PROCEDURES SHALL
8 COMPLY WITH THE ELECTION REQUIREMENTS SET FORTH IN ARTICLES 1 TO
9 13 OF TITLE 1, C.R.S.".
10
11 Page 8, line 27, strike "APPOINTMENTS MADE TO" and substitute
12 "MEMBERS OF".
13
14 Page 9, line 1, strike "BE" and substitute "SERVE" and after "STAGGERED"
15 insert "TERMS".
16
17 Page 9, line 3, strike "APPOINTMENTS" and substitute "TERMS".
18
19 Page 9, line 18, after "APPOINTED" insert "OR ELECTED".
20
21 Page 9, line 19, strike "APPOINTED." and substitute "APPOINTED OR
22 ELECTED.".
23
24



SB12-032 Medicaid Reform Seek Federal Waiver 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill requires the department of health care policy and financing (state department) to seek a federal waiver to allow for increased flexibility and efficiency in the management of the medicaid program and the children's basic health plan. The waiver will seek authorization to determine eligibility categories and income levels and to establish an asset test for eligibility, implement cost-sharing and premiums, encourage the use of private health benefits coverage, and encourage persons to maintain employer-sponsored health insurance. As part of the waiver, the state department may negotiate for capped federal reimbursements with provisions for adjustments in the federal reimbursements for population growth and inflation. The state department shall report to the general assembly concerning the waiver request and identify necessary changes to state law to implement the reforms requested in the waiver.
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
02/01/2012 Senate Committee on Health and Human Services Postpone Indefinitely
Amendments:

SB12-033 Child Fatality Reviews 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill defines the terms "near fatalities" and "incidents of egregious abuse or neglect" and adds the review of those events to the responsibilities of the department of human services child fatality review team. Counties are required to notify the department of human services (department) of any suspicious near fatality or incident of egregious abuse or neglect. The department is required to promulgate rules concerning confidential information for different types of incidents.
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
01/18/2012 Senate Committee on Health and Human Services Refer Amended to Senate Committee of the Whole
01/23/2012 Senate Second Reading Laid Over Daily
02/06/2012 Senate Second Reading Passed with Amendments
02/07/2012 Senate Third Reading Laid Over Daily
02/08/2012 Senate Third Reading Passed
02/13/2012 Introduced In House - Assigned to Health and Environment
03/08/2012 House Committee on Health and Environment Refer Amended to House Committee of the Whole
03/14/2012 House Second Reading Laid Over Daily
03/16/2012 House Second Reading Passed
03/16/2012 House Second Reading Passed with Amendments
03/19/2012 House Third Reading Passed with Amendments
03/21/2012 Senate Considered House Amendments - Result was to Concur - Repass
03/27/2012:09 AM 04:10 Signed by the President of the Senate
03/30/2012:21 PM 04:20 Signed by the Speaker of the House
04/02/2012 Sent to the Governor
04/12/2012 Governor Action - Signed
Amendments:

Senate Journal, January 19
After consideration on the merits, the Committee recommends that SB12-033 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 11, line 6, strike the first "be" and substitute
"be".

House Journal, March 12
7 SB12-033 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend reengrossed bill, page 2, after line 17 insert:
12
13 "(b) THERE IS A NEED FOR AGENCY TRANSPARENCY AND
14 ACCOUNTABILITY TO THE PUBLIC REGARDING AN INCIDENT OF EGREGIOUS
15 ABUSE OR NEGLECT AGAINST A CHILD, A NEAR FATALITY, OR A CHILD
16 FATALITY THAT INVOLVES A SUSPICION OF ABUSE OR NEGLECT WHEN THE
17 CHILD OR FAMILY HAS HAD PREVIOUS INVOLVEMENT WITH THE STATE OR
18 COUNTY THAT WAS DIRECTLY RELATED TO THE INCIDENT.".
19
20 Page 2, line 18, strike "(b)" and substitute "(b) (c)".
21
22 Page 3, line 10, strike "(c)" and substitute "(c) (d)".
23
24 Page 3, line 18, strike "(d)" and substitute "(e)".
25
26 Page 3, line 27, strike "MULTIPLE VICTIMS,".
27
28 Page 8, after line 18 insert:
29
30 "(b) WITHIN THREE BUSINESS DAYS AFTER RECEIVING THE
31 INFORMATION PROVIDED UNDER PARAGRAPH (a) OF THIS SUBSECTION (5),
32 THE DEPARTMENT SHALL DISCLOSE TO THE PUBLIC THAT INFORMATION
33 HAS BEEN RECEIVED, WHETHER THE DEPARTMENT IS CONDUCTING A
34 REVIEW OF THE INCIDENT, WHETHER THE CHILD WAS IN HIS OR HER OWN
35 HOME OR IN FOSTER CARE, AS DEFINED IN SECTION 19-1-103 (51.3), C.R.S.,
36 AND THE CHILD'S GENDER AND AGE. THE DEPARTMENT MAY DISCLOSE THE
37 SCOPE OF THE REVIEW.".
38
39 Page 8, line 19, strike "(b)" and substitute "(b) (c)".
40
41 Page 8, strike line 24 and substitute "within one hundred twenty calendar
42 days after all necessary information".
43
44 Page 8, line 25, strike "is available to initiate review." and substitute "is
45 available to initiate review THIRTY CALENDAR DAYS AFTER THE REVIEW
46 TEAM MEETING.".
47
48 Page 9, line 4, strike "(d)" and substitute "(d) (e)".
49
50 Page 9, line 9, strike "(c)" and substitute "(c) (d)".
51
52 Page 9, line 14, strike "(c)" and substitute "(c) (d)".
53
54 Page 9, line 18, strike "(d)" and substitute "(d) (e)".
55
56 Page 9, line 25, strike "(e)" and substitute "(e) (f)" and strike "site" and
1 substitute "site, WITHIN SEVEN BUSINESS DAYS AFTER THE REPORT'S
2 FINALIZATION,".
3
4 Page 9, line 27, strike "information," and substitute "information AS
5 DESCRIBED IN PARAGRAPH (i) OF THIS SUBSECTION (5),".
6
7 Page 10, after line 2 insert:
8
9 "(g) THE CASE-SPECIFIC EXECUTIVE SUMMARY FOR A CHILD WHO
10 WAS IN HIS OR HER OWN HOME AT THE TIME OF THE INCIDENT SHALL
11 INCLUDE:
12
13 (I) THE AGE AND GENDER OF THE CHILD AND A DESCRIPTION OF
14 THE CHILD'S FAMILY;
15
16 (II) A STATEMENT OF WHETHER ANY CHILD WELFARE SERVICES, AS
17 DEFINED IN SECTION 26-5-101 (3), WERE BEING PROVIDED TO THE CHILD,
18 ANY MEMBER OF THE CHILD'S FAMILY, OR THE PERSON SUSPECTED OF THE
19 ABUSE OR NEGLECT;
20
21 (III) THE DATE OF THE LAST CONTACT BETWEEN THE AGENCY
22 PROVIDING ANY CHILD WELFARE SERVICE AND THE CHILD, THE CHILD'S
23 FAMILY, OR THE PERSON SUSPECTED OF THE ABUSE OR NEGLECT; AND
24
25 (IV) ANY OTHER INFORMATION REQUIRED BY RULES
26 PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO SUBSECTION (7)
27 OF THIS SECTION.
28
29 (h) THE CASE-SPECIFIC EXECUTIVE SUMMARY FOR A CHILD WHO
30 WAS IN FOSTER CARE, AS DEFINED IN SECTION 19-1-103 (51.3), C.R.S., AT
31 THE TIME OF THE INCIDENT SHALL INCLUDE:
32
33 (I) THE AGE, GENDER, AND RACE OR ETHNICITY OF THE CHILD;
34
35 (II) A DESCRIPTION OF THE FOSTER CARE PLACEMENT;
36
37 (III) THE LICENSING HISTORY OF THE FOSTER CARE PLACEMENT;
38 AND
39
40 (IV) ANY OTHER INFORMATION REQUIRED BY RULES
41 PROMULGATED BY THE STATE DEPARTMENT PURSUANT TO SUBSECTION (7)
42 OF THIS SECTION.
43
44 (i) THE CASE-SPECIFIC EXECUTIVE SUMMARY OR OTHER RELEASE
45 OR DISCLOSURE OF INFORMATION PURSUANT TO THIS SECTION SHALL NOT
46 INCLUDE:
47
48 (I) ANY INFORMATION THAT WOULD REVEAL THE IDENTITY OF THE
49 CHILD WHO IS THE SUBJECT OF THE EXECUTIVE SUMMARY, ANY MEMBER
50 OF THE CHILD'S FAMILY, ANY MEMBER OF THE CHILD'S HOUSEHOLD WHO IS
51 A CHILD, OR ANY CAREGIVER OF THE CHILD;
52
53 (II) ANY INFORMATION THAT WOULD REVEAL THE IDENTITY OF THE
54 PERSON SUSPECTED OF THE ABUSE OR NEGLECT OR ANY EMPLOYEE OF ANY
55 AGENCY THAT PROVIDED CHILD WELFARE SERVICES, AS DEFINED IN
56 SECTION 26-5-101 (3), TO THE CHILD OR THAT PARTICIPATED IN THE
1 INVESTIGATION OF THE INCIDENT OF FATALITY, NEAR FATALITY, OR
2 EGREGIOUS ABUSE OR NEGLECT;
3
4 (III) ANY INFORMATION THAT WOULD REVEAL THE IDENTITY OF A
5 REPORTER OR OF ANY OTHER PERSON WHO PROVIDES INFORMATION
6 RELATING TO THE INCIDENT OF FATALITY, NEAR FATALITY, OR EGREGIOUS
7 ABUSE OR NEGLECT;
8
9 (IV) ANY INFORMATION WHICH, IF DISCLOSED, WOULD NOT BE IN
10 THE BEST INTERESTS OF THE CHILD WHO IS THE SUBJECT OF THE REPORT,
11 ANY MEMBER OF THE CHILD'S FAMILY, ANY MEMBER OF THE CHILD'S
12 HOUSEHOLD WHO IS A CHILD, OR ANY CAREGIVER OF THE CHILD, AS
13 DETERMINED BY THE STATE DEPARTMENT IN CONSULTATION WITH THE
14 COUNTY THAT REPORTED THE INCIDENT OF FATALITY, NEAR FATALITY, OR
15 EGREGIOUS ABUSE OR NEGLECT AND THE DISTRICT ATTORNEY OF THE
16 COUNTY IN WHICH THE INCIDENT OCCURRED, AND AFTER BALANCING THE
17 INTERESTS OF THE CHILD, FAMILY, HOUSEHOLD MEMBER, OR CAREGIVER
18 IN AVOIDING THE STIGMA THAT MIGHT RESULT FROM DISCLOSURE AGAINST
19 THE INTEREST OF THE PUBLIC IN OBTAINING THE INFORMATION.
20
21 (V) ANY INFORMATION FOR WHICH DISCLOSURE IS NOT
22 AUTHORIZED BY STATE LAW OR RULE OR FEDERAL LAW OR REGULATION.
23
24 (j) THE STATE DEPARTMENT MAY NOT RELEASE THE CASE-SPECIFIC
25 EXECUTIVE SUMMARY IF THE STATE DEPARTMENT, IN CONSULTATION WITH
26 THE COUNTY, DETERMINES THAT MAKING THE EXECUTIVE SUMMARY
27 AVAILABLE WOULD JEOPARDIZE ANY OF THE FOLLOWING:
28
29 (I) ANY ONGOING OR FUTURE CRIMINAL INVESTIGATION OR
30 PROSECUTION OR A DEFENDANT'S RIGHT TO A FAIR TRIAL; OR
31
32 (II) ANY ONGOING OR FUTURE CIVIL INVESTIGATION OR
33 PROCEEDING OR THE FAIRNESS OF SUCH PROCEEDING.".
34
35 Page 10, line 3, strike "(f)" and substitute "(f) (k)".
36
37 Page 10, after line 6 insert:
38
39 "(l) THE STATE DEPARTMENT OR ANY COUNTY DEPARTMENT MAY
40 RELEASE TO THE PUBLIC ANY INFORMATION AT ANY TIME TO CORRECT ANY
41 INACCURATE INFORMATION REPORTED IN THE NEWS MEDIA, SO LONG AS
42 THE INFORMATION RELEASED BY THE STATE DEPARTMENT OR COUNTY
43 DEPARTMENT IS NOT EXPLICITLY IN CONFLICT WITH FEDERAL LAW.".



SB12-034 Repeal Rapid Screen For High-emitting Vehicles 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Legislative Audit Committee. The bill repeals the rapid screen program for identifying high-emitting motor vehicles.
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
02/16/2012 Senate Committee on Transportation Refer Unamended to Senate Committee of the Whole
02/21/2012 Senate Second Reading Laid Over Daily
02/23/2012 Senate Second Reading Passed
02/24/2012 Senate Third Reading Passed
02/29/2012 Introduced In House - Assigned to Transportation
03/15/2012 House Committee on Transportation Refer Unamended to House Committee of the Whole
03/20/2012 House Second Reading Laid Over Daily
03/23/2012 House Second Reading Passed
03/26/2012 House Third Reading Laid Over Daily
03/28/2012 House Third Reading Passed
04/02/2012:46 PM 04:10 Signed by the President of the Senate
04/09/2012:34 PM 04:20 Signed by the Speaker of the House
04/09/2012 Sent to the Governor
04/13/2012 Governor Action - Signed
Amendments:

SB12-035 Spaceflight Entity Limited Liability 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-35 Liability - spaceflight. The act limits liability for a spaceflight entity (entity) for any loss, damage, or injury to a spaceflight participant (participant) unless the loss, damage, or injury is intentionally caused or proximately caused by gross negligence on the part of the entity. Before participating in a spaceflight activity, a participant must sign an agreement and warning statement acknowledging his or her understanding of limited liability for the entity. APPROVED by Governor April 19, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
02/06/2012 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
02/09/2012 Senate Second Reading Laid Over Daily
02/13/2012 Senate Second Reading Passed with Amendments
02/14/2012 Senate Third Reading Passed
02/16/2012 Introduced In House - Assigned to Judiciary
03/08/2012 House Committee on Judiciary Refer Unamended to House Committee of the Whole
03/13/2012 House Second Reading Laid Over Daily
03/16/2012 House Second Reading Passed
03/19/2012 House Third Reading Passed
04/09/2012:28 PM 04:10 Signed by the President of the Senate
04/13/2012 Sent to the Governor
04/13/2012:12 AM 04:20 Signed by the Speaker of the House
04/19/2012 Governor Action - Signed
Amendments:

Senate Journal, February 7
After consideration on the merits, the Committee recommends that SB12-035 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 4, line 15, strike "THE" and substitute "ANY".

Page 4, line 16, after "DAMAGE," insert "INJURY," and after "THE" insert
"SPACEFLIGHT".

Page 4, line 25, strike "INJURY," and substitute "LOSS," and after
"DAMAGE," insert "INJURY,".

Page 5, line 14, strike "AN" and substitute "ANY LOSS, DAMAGE,".

Page 5, line 15, strike "TO" and substitute "TO," and before "PARTICIPANT"
insert "SPACEFLIGHT".

Page 5, line 17, strike "INJURY" and substitute "LOSS, DAMAGE, INJURY,".

Page 5, line 18, strike "ACTIVITY." and substitute "ACTIVITY TO THE
SPACEFLIGHT PARTICIPANT.".

Page 5, strike lines 20 through 23 and substitute "AMONG OTHERS, DEATH
OR INJURY TO PERSON OR PROPERTY. I,".

Page 5, line 25, before "RISK" insert "INHERENT".

Page 6, line 9, strike "7," and substitute "8,".




SB12-036 Parental Consent For Surveys In K-12 Schools 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-36 Surveys - assessments - parental consent - exceptions. Current law prohibits an employee of a school or school district (employee) from requiring a student to participate in a survey, analysis, or evaluation (document) that addresses or requests certain information unless the student's parent provides written consent for the student's participation. The act adds assessments to the documents for which parental consent is required, but specifically excludes assessments administered to measure students' mastery of school district or state model content standards. In addition to the existing list of information, the employee must obtain parental consent if the document requests a social security number or information concerning the student's or parent's religious beliefs or practices. For a parent's consent to be valid, the employee must make a written copy of the document available for inspection at convenient locations and times. Each public school and school district may allow only minimal use of students' academic time for organizations to gather information from students. The act does not limit a school district's ability to administer a suicide assessment or threat assessment. APPROVED by Governor June 8, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.
Status: 01/11/2012 Introduced In Senate - Assigned to Education
02/09/2012 Senate Committee on Education Refer Amended to Senate Committee of the Whole
02/14/2012 Senate Second Reading Laid Over Daily
02/15/2012 Senate Second Reading Passed with Amendments
02/16/2012 Senate Third Reading Passed
02/20/2012 Introduced In House - Assigned to Education
03/26/2012 House Committee on Education Refer Amended to House Committee of the Whole
03/30/2012 House Second Reading Laid Over Daily
04/03/2012 House Second Reading Laid Over Daily
04/05/2012 House Second Reading Passed with Amendments
04/09/2012 House Third Reading Laid Over Daily
04/18/2012 House Third Reading Passed with Amendments
05/08/2012 Senate Considered House Amendments - Result was to Concur - Repass
05/14/2012:50 PM 04:10 Signed by the President of the Senate
05/16/2012:43 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
06/08/2012 Governor Action - Signed
Amendments:

Senate Journal, February 10
After consideration on the merits, the Committee recommends that SB12-036 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 3, line 7, strike "activities." and substitute
"activities; EXCEPT THAT THE REQUIREMENT OF WRITTEN CONSENT DOES
NOT APPLY TO A STUDENT'S PARTICIPATION IN AN ASSESSMENT
ADMINISTERED PURSUANT TO SECTION 22-7-407 OR 22-7-409 OR PART 10
OF ARTICLE 7 OF THIS TITLE.".

Senate Journal, February 16

House Journal, March 28
13 SB12-036 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend reengrossed bill, page 2, line 3, strike "and (5) (c)" and substitute
18 "(5) (c), and (9); and add (5) (g)".
19
20 Page 2, line 7, after "requires" insert "OR REQUESTS STUDENTS'
21 VOLUNTARY".
22
23 Page 3, line 10, after the period add "IN IMPLEMENTING THIS SUBSECTION
24 (5), THE SCHOOL OR SCHOOL DISTRICT AND EMPLOYEES SHALL ENSURE
25 THAT THEIR FIRST RESPONSIBILITY IS TO STUDENTS AND THEIR PARENTS
26 AND SHALL ALLOW ONLY MINIMAL USE OF STUDENTS' ACADEMIC TIME BY
27 INSTITUTIONS, AGENCIES, OR ORGANIZATIONS OUTSIDE THE SCHOOL OR
28 SCHOOL DISTRICT TO GATHER INFORMATION FROM STUDENTS.".
29
30 Page 4, after line 2 insert:
31 "(g) NOTHING IN THIS SUBSECTION (5) LIMITS THE ABILITY OF A
32 SCHOOL DISTRICT TO ADMINISTER A THREAT ASSESSMENT.
33
34 (9) A school district shall, at the beginning of each academic year,
35 provide:
36
37 (a) To a parent or legal guardian of each student in the school
38 district written notice of the rights contained in this section; AND
39
40 (b) TO EACH PRINCIPAL, TEACHER, AND COUNSELOR THAT THE
41 SCHOOL DISTRICT EMPLOYS WRITTEN NOTICE OF THE REQUIREMENTS
42 SPECIFIED IN THIS SECTION FOR OBTAINING PARENTAL PERMISSION BEFORE
43 GIVING A STUDENT A SURVEY, ASSESSMENT, ANALYSIS, OR EVALUATION
44 INTENDED TO REVEAL THE INFORMATION SPECIFIED IN PARAGRAPH (a) OF
45 SUBSECTION (5) OF THIS SECTION.".
46
47



SB12-037 Electronic Prescription Controlled Substances 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-37 Controlled substances - electronic prescriptions. Under current law, a pharmacy is prohibited from dispensing a prescribed schedule II, III, IV, or V controlled substance absent a written prescription from the practitioner prescribing the substance. The act allows a pharmacy to dispense those controlled substances if the practitioner electronically creates and transmits the prescription drug order in conformance with federal law. APPROVED by Governor March 22, 2012 EFFECTIVE March 22, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Health and Human Services
02/01/2012 Senate Committee on Health and Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/07/2012 Senate Second Reading Laid Over Daily
02/10/2012 Senate Second Reading Passed
02/13/2012 Senate Third Reading Passed
02/15/2012 Introduced In House - Assigned to Health and Environment
02/28/2012 House Committee on Health and Environment Refer Amended to House Committee of the Whole
03/02/2012 House Second Reading Passed with Amendments
03/05/2012 House Third Reading Passed
03/07/2012 Senate Considered House Amendments - Result was to Concur - Repass
03/12/2012:17 AM 04:10 Signed by the President of the Senate
03/14/2012:56 PM 04:20 Signed by the Speaker of the House
03/14/2012 Sent to the Governor
03/22/2012 Governor Action - Signed
Amendments:

House Journal, February 29
7 SB12-037 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend reengrossed bill, page 4, line 23, after "written" insert "OR
12 ELECTRONIC".
13
14



SB12-038 Protect Consumers Residential Roofing Work 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-38 Residential roofing work - written contract required - right to rescind contract - prohibition against waiving insurance deductible. The act requires residential roofing contractors to sign a written contract with residential property owners that details the following: The scope of roofing services and materials to be provided; The approximate dates of service; The approximate costs of the services based on damages known at the time the contract is entered; The roofing contractor's contact information; Identification of the roofing contractor's surety and liability coverage insurer and their contact information, if applicable; The roofing contractor's policy regarding cancellation of the contract and refund of any deposit, including a rescission clause allowing the client to rescind the contract and obtain a full refund of any deposit within 72 hours after entering the contract; and A written statement that if the residential property owner plans to use the proceeds of a property and casualty insurance policy to pay for the roofing work, the roofing contractor cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any deductible applicable to the claim for payment for roofing work on the covered residential property. The roofing contractor must also include on the face of the contract a conspicuous statement indicating that the roofing contractor is to hold in trust any payment received from the property owner until the roofing contractor delivers roofing materials to the residential property site or performs a majority of the roofing work on the residential property. A property owner who enters into a contract with a roofing contractor to perform roofing work on his or her residential property and who submits a claim to his or her property and casualty insurer for payment for the roofing work may rescind the contract for the roofing work if the insurer denies the claim in whole or in part, as long as the person notifies the roofing contractor within 72 hours after the claim is denied. The roofing contractor must refund any moneys paid by the customer within 10 days after receipt of the cancellation notice. The property owner's right of rescission does not apply when the property and casualty insurer denies, in whole or in part, a claim related to a request for supplemental roofing services if the damage requiring the supplemental services could not have been reasonably foreseen at the time of the initial roofing inspection or the execution of the roofing contract. When residential roofing work will be paid from the proceeds of a property and casualty insurance policy covering the residential property, the roofing contractor is prohibited from paying, waiving, rebating, or offering or promising to pay, waive, or rebate all or part of any deductible that applies to the claim. APPROVED by Governor June 6, 2012 EFFECTIVE June 6, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Business, Labor and Technology
02/13/2012 Senate Committee on Business, Labor and Technology Refer Amended to Senate Committee of the Whole
02/17/2012 Senate Second Reading Laid Over Daily
02/28/2012 Senate Second Reading Passed with Amendments
02/29/2012 Senate Third Reading Passed
03/02/2012 Introduced In House - Assigned to Economic and Business Development
04/19/2012 House Committee on Economic and Business Development Refer Unamended to Local Government
04/23/2012 House Committee on Local Government Refer Amended to House Committee of the Whole
04/26/2012 House Second Reading Laid Over Daily
04/27/2012 House Second Reading Passed
04/30/2012 House Third Reading Passed
05/01/2012 House Third Reading Passed
05/14/2012:02 PM 04:10 Signed by the President of the Senate
05/16/2012:55 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
06/06/2012 Governor Action - Signed
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB12-038 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 3, line 3, strike "CUSTOMERS" and substitute
"PROPERTY OWNERS".

Page 3, line 6, strike "CONSUMERS" and substitute "PROPERTY OWNERS".

Page 3, line 12, strike "A" and substitute "AN INSURANCE".

Page 3, line 13, strike "CUSTOMER'S" and substitute "PROPERTY OWNER'S".

Page 3, after line 17 insert:

"(1) "PROPERTY OWNER" MEANS THE OWNER OF RESIDENTIAL
PROPERTY OR THE OWNER'S LEGAL REPRESENTATIVE.".

Page 3, line 18, strike "(1)" and substitute "(2) (a)".

Page 3, line 19, strike "(a)" and substitute "(I)".

Page 3, line 20, strike "(b)" and substitute "(II)".

Page 3, after line 22 insert:

"(b) "RESIDENTIAL PROPERTY" DOES NOT INCLUDE:
(I) A MULTIPLE ATTACHED SINGLE-FAMILY DWELLING
CONTROLLED BY A HOMEOWNERS' ASSOCIATION; OR
(II) NEW CONSTRUCTION.".

Page 3, line 23, strike "(2)" and substitute "(3)".

Renumber succeeding subsection accordingly.

Page 4, line 10, strike "AND REGULATIONS" and substitute "REGULATIONS,
AND ROOFING INDUSTRY STANDARDS FOR WORKMANLIKE PERFORMANCE".

Page 4, line 19, strike "CLIENT," and substitute "PROPERTY OWNER,".

Page 4, line 20, strike "CLIENT," and substitute "PROPERTY OWNER,".

Page 4, line 24, before "COSTS" insert "APPROXIMATE" and strike
"SERVICES;" and substitute "SERVICES BASED ON DAMAGES KNOWN AT THE
TIME THE CONTRACT IS ENTERED;".

Page 5, line 7, strike "CLIENT" and substitute "PROPERTY OWNER".

Page 5, line 10, strike "CLIENT MAY CANCEL" and substitute "PROPERTY
OWNER MAY RESCIND".

Page 5, line 12, strike "CLIENT" and substitute "PROPERTY OWNER".

Page 5, line 13, strike "OR" and substitute "AND".

Page 5, line 18, before "CLAIM" insert "INSURANCE".

Page 5, after line 19 insert:

"(2) IN ADDITION TO THE CONTRACT TERMS REQUIRED IN
SUBSECTION (1) OF THIS SECTION, A ROOFING CONTRACTOR SHALL
INCLUDE, ON THE FACE OF THE CONTRACT, IN BOLD-FACED TYPE, A
STATEMENT INDICATING THAT THE ROOFING CONTRACTOR SHALL HOLD IN
TRUST ANY PAYMENT FROM THE PROPERTY OWNER UNTIL THE ROOFING
CONTRACTOR HAS DELIVERED ROOFING MATERIALS AT THE RESIDENTIAL
PROPERTY SITE OR HAS PERFORMED A MAJORITY OF THE ROOFING WORK ON
THE RESIDENTIAL PROPERTY.".

Page 5, line 21, strike "cancel" and substitute "rescind".

Page 5, line 22, strike "PERSON" and substitute "PROPERTY OWNER".

Page 5, line 23, strike "PERSON'S" and substitute "PROPERTY OWNER'S".

Page 5, line 26, strike "CANCEL" and substitute "RESCIND".

Page 5, line 27, strike "PERSON" and substitute "PROPERTY OWNER".

Page 6, line 3, strike "PERSON" and substitute "PROPERTY OWNER".

Page 6, line 4, strike "CANCELLATION" and substitute "RESCISSION".

Page 6, line 7, strike "PERSON" and substitute "PROPERTY OWNER" and
strike "CANCELLATION" and substitute "RESCISSION".

Page 6, line 15, strike "CANCELLATION" and substitute "RESCISSION".

Page 6, line 17, strike "PERSON" and substitute "PROPERTY OWNER".

Page 6, line 18, strike "PERSON" and substitute "PROPERTY OWNER".

Page 6, line 22, strike "PERSON" and substitute "PROPERTY OWNER".

Page 6, line 23, strike "PROPERTY," and substitute "PROPERTY IN A
WORKMANLIKE MANNER CONSISTENT WITH STANDARD ROOFING INDUSTRY
PRACTICES,".

Page 6, after line 26 insert:

"(4) NOTHING IN THIS SECTION ABROGATES THE ROOFING
CONTRACTOR'S RIGHT TO PURSUE COMMON LAW REMEDIES FOR THE
REASONABLE VALUE OF ROOFING MATERIALS ORDERED AND ACTUALLY
INSTALLED ON THE RESIDENTIAL PROPERTY PURSUANT TO A CONTRACT
FOR ROOFING WORK BEFORE THE PROPERTY OWNER RESCINDED THE
CONTRACT, AS LONG AS THE ROOFING CONTRACTOR PERFORMED THE
ROOFING SERVICES CONSISTENT WITH ROOFING INDUSTRY STANDARDS FOR
WORKMANLIKE PERFORMANCE OF ROOFING SERVICES.
(5) NOTHING IN THIS SECTION ABROGATES A PROPERTY AND
CASUALTY INSURER'S DUTIES, RESPONSIBILITIES, OR LIABILITY UNDER
SECTIONS 10-3-1115 AND 10-3-1116, C.R.S.".

Page 7, line 2, strike "OR" and substitute "AND".

Page 7, line 10, strike "INSURED" and substitute "PROPERTY OWNER".

Page 7, line 14, strike "PERSON" and substitute "PROPERTY OWNER WHOSE
RESIDENTIAL PROPERTY IS" and strike "OR" and substitute "AND".

Page 7, line 18, strike "INSURED" and substitute "PROPERTY OWNER".

Page 7, line 24, after "ADJUSTER." add "NOTHING IN THIS SUBSECTION (3)
PRECLUDES A ROOFING CONTRACTOR FROM DISCUSSING, ON BEHALF OF
THE PROPERTY OWNER, THE SCOPE OF REPAIRS WITH A PROPERTY AND
CASUALTY INSURER WHEN THE ROOFING CONTRACTOR HAS A VALID
CONTRACT WITH THE PROPERTY OWNER OF THE RESIDENTIAL PROPERTY ON
WHICH THE ROOFING CONTRACTOR HAS CONTRACTED TO PERFORM
ROOFING WORK.".

Senate Journal, February 28
SB12-038 by Senator(s) Tochtrop; also Representative(s) Vaad--Concerning measures to protect
consumers who engage a roofing contractor to perform roofing services on residential
property.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, February 15, pages 161-163 and placed in members' bill files.)


Amendment No. 2(L.015), by Senator Tochtrop.

Amend the Business, Labor and Technology Committee Report, dated
February 13, 2012, page 1, strike line 14.

Page 2 of the committee report, strike line 1 and substitute:
"(I) A STRUCTURE COMPRISING MULTIPLE, ATTACHED
SINGLE-FAMILY DWELLINGS, UNLESS MAINTENANCE, REPAIR, OR
REPLACEMENTS OF THE DWELLINGS' ROOF IS THE RESPONSIBILITY OF A
CONDOMINIUM ASSOCIATION, HOMEOWNERS' ASSOCIATION, COMMON
INTEREST COMMUNITY, UNIT OWNERS' ASSOCIATION, OR ANY OTHER
ENTITY SUBJECT TO THE "COLORADO COMMON INTEREST OWNERSHIP
ACT", ARTICLE 33.3 OF TITLE 38, C.R.S., REGARDLESS OF WHEN THE
ENTITY WAS FORMED; OR".

Amend printed bill, page 3, line 27, after "(b)" insert "(I)".

Page 4 of the bill, after line 3 insert:

"(II) AS USED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (b),
"ASSOCIATION" DOES NOT INCLUDE A CONDOMINIUM ASSOCIATION,
HOMEOWNERS' ASSOCIATION, COMMON INTEREST COMMUNITY, UNIT
OWNERS' ASSOCIATION, OR ANY OTHER ENTITY SUBJECT TO THE
"COLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF TITLE
38, C.R.S., REGARDLESS OF WHEN THE ENTITY WAS FORMED.".

Page 5 of the bill, line 21, after "(1)" insert "(a)".

Page 6 of the bill, line 3, strike "THE" and substitute "THE PROPERTY
OWNER'S RIGHT OF RESCISSION UNDER THIS SUBSECTION (1) DOES NOT
APPLY WHEN THE PROPERTY AND CASUALTY INSURER DENIES, IN WHOLE
OR IN PART, A CLAIM RELATED TO A REQUEST FOR SUPPLEMENTAL ROOFING
SERVICES IF THE DAMAGE REQUIRING THE SUPPLEMENTAL ROOFING
SERVICES COULD NOT HAVE BEEN REASONABLY FORESEEN AS A
NECESSARY AND RELATED ROOFING SERVICE AT THE TIME OF THE INITIAL
ROOFING INSPECTION OR THE EXECUTION OF THE INITIAL ROOFING
CONTRACT.
(b) THE".

Page 6 of the bill, line 8, strike "(a)" and substitute "(I)".

Page 6 of the bill, line 10, strike "(b)" and substitute "(II)".

Page 6 of the bill, line 13, strike "(c)" and substitute "(III)".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


(For further action, see amendments to the report of the Committee of the Whole.)

Senate Journal, February 28
SB12-038 by Senator(s) Tochtrop; also Representative(s) Vaad--Concerning measures to protect
consumers who engage a roofing contractor to perform roofing services on residential
property.

Senator Mitchell moved to amend the Report of the Committee of the Whole to show that the
following Mitchell floor amendment, (L.016) to SB 12-038, did pass.

Amend the Business, Labor and Technology Committee Report, dated
February 13, 2012, page 2, strike lines 15 through 18 and substitute:
"Page 5 of the bill, line 11, strike "6-22-104; AND" and substitute
"6-22-104.".

Page 5 of the bill, strike lines 12 through 19 and substitute:".

Page 3 of the committee report, strike line 16 and substitute:

"Page 6 of the bill, strike line 27.

Page 7 of the bill, strike lines 1 through 24 and substitute:".

Strike page 4 of the committee report.


House Journal, April 24
19 SB12-038 be amended as follows, and as so amended, be referred to
20 the Committee of the Whole with favorable
21 recommendation:
22
23 Amend reengrossed bill, page 10, strike lines 2 through 7 and substitute:
24
25 "SECTION 2. Act subject to petition - effective date -
26 applicability. (1) This act takes effect at 12:01 a.m. on the day following
27 the expiration of the ninety-day period after final adjournment of the
28 general assembly (August 8, 2012, if adjournment sine die is on May 9,
129 2012); except that, if a referendum petition is filed pursuant to section
30 (3) of article V of the state constitution against this act or an item, section,
31 or part of this act within such period, then the act, item, section, or part
32 will not take effect unless approved by the people at the general election
33 to be held in November 2012 and, in such case, will take effect on the
34 date of the official declaration of the vote thereon by the governor.
35 (2) The provisions of this act apply to roofing work performed on
36 residential property in this state on or after the applicable effective date
37 of this act.".



SB12-039 Minor Drug & Alcohol Use Permit Driver's License 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill requires an applicant for an instruction permit or a minor driver's license to sign a statement that the applicant has not used illegal drugs or alcohol during the previous year.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
04/30/2012 Senate Committee on Judiciary Postpone Indefinitely
Amendments:

SB12-040 Higher Ed Facilities Eligible For Controlled Maint 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-40 Capital construction - controlled maintenance funding eligibility - higher education institutions - academic and auxiliary facilities. All academic facilities acquired or constructed, or an auxiliary facility repurposed for use as an academic facility, solely from cash funds held by the institution and operated and maintained from such cash funds or from state moneys appropriated for such purpose that were not previously eligible for controlled maintenance funding will qualify for state controlled maintenance funding subject to specific limitations. Eligibility for state controlled maintenance funding commences on the date of the acceptance of the construction or repurposing of the facility or the closing date of any acquisition. Such date of acceptance shall be determined by the office of the state architect. The office of the state architect is required to collaborate with the department of higher education and the office of state planning and budgeting to develop guidelines regarding the classification of academic facilities and auxiliary facilities. The act provides the two factors that must be considered in the classification and specifies definitions to be used in the guidelines. APPROVED by Governor April 16, 2012 EFFECTIVE April 16, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Education
02/02/2012 Senate Committee on Education Refer Amended - Consent Calendar to Senate Committee of the Whole
02/08/2012 Senate Second Reading Laid Over Daily
02/09/2012 Senate Second Reading Passed with Amendments
02/13/2012 Senate Third Reading Passed with Amendments
02/15/2012 Introduced In House - Assigned to Education
03/19/2012 House Committee on Education Refer Amended to House Committee of the Whole
03/22/2012 House Second Reading Laid Over Daily
03/23/2012 House Second Reading Passed with Amendments
03/26/2012 House Third Reading Laid Over Daily
03/27/2012 House Third Reading Passed
03/29/2012 Senate Considered House Amendments - Result was to Concur - Repass
04/04/2012:53 AM 04:10 Signed by the President of the Senate
04/09/2012:39 PM 04:20 Signed by the Speaker of the House
04/09/2012 Sent to the Governor
04/16/2012 Governor Action - Signed
Amendments:

Senate Journal, February 6
After consideration on the merits, the Committee recommends that SB12-040 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 4, line 7, after "(a)" insert "(I)".

Page 4, line 8, strike "BEGINNING JANUARY 1, 2010,".

Page 4, line 9, strike "CONSTRUCTED" and substitute "CONSTRUCTED, OR
AN AUXILIARY FACILITY REPURPOSED FOR USE AS AN ACADEMIC
FACILITY,".

Page 4, line 18, strike "FIFTEEN-YEAR RULE ESTABLISHED" and substitute
"ELIGIBILITY GUIDELINES DESCRIBED".

Page 4, strike lines 20 through 27.

Page 5, strike lines 1 through 4 and substitute:

"(II) FOR PURPOSES OF THIS PARAGRAPH (a), THE ELIGIBILITY FOR
STATE CONTROLLED MAINTENANCE FUNDING COMMENCES ON THE DATE
OF THE ACCEPTANCE OF THE CONSTRUCTION OR REPURPOSING OF THE
FACILITY OR THE CLOSING DATE OF ANY ACQUISITION. THE DATE OF THE
ACCEPTANCE OF CONSTRUCTION OR REPURPOSING SHALL BE DETERMINED
BY THE OFFICE OF THE STATE ARCHITECT.".

Page 5, line 5, strike "(c)" and substitute "(b)".

Page 5, line 20, strike "PROMULGATED" and substitute "ESTABLISHED".

Page 5, line 21, strike "(c)" and substitute "(b)".

Page 6, strike lines 1 through 4 and substitute "INSTITUTION AS SET FORTH
IN THIS TITLE. EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO,"

Page 6, strike lines 15 through 24 and substitute:

"SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".


Agriculture,
Natural
Resources, &
Energy

Senate Journal, February 13
SB12-040 by Senator(s) Bacon, Harvey, Renfroe, Schwartz; also Representative(s) Vigil, Brown,
Sonnenberg--Concerning the qualification of certain state higher education facilities for
state controlled maintenance funding.

A majority of those elected to the Senate having voted in the affirmative, Senator Bacon
was given permission to offer a third reading amendment.


Third Reading Amendment No. 1(L.003), by Senator Bacon.

Amend engrossed bill, page 2, after line 1 insert:

"SECTION 1. In Colorado Revised Statutes, 23-1-102, amend
(2) as follows:
23-1-102. Commission established - terms of office. (2) There
is hereby established a central policy and coordinating board for higher
education in the state of Colorado, to be known as the Colorado
commission on higher education, referred to in this article as the
"commission". The duties and powers delegated to the commission by this
article shall apply to all state-supported institutions of higher education,
including, but not limited to, all postsecondary institutions in the state
supported in whole or part by state funds, and including junior colleges
and community colleges, extension programs of the state-supported
universities and colleges, local district colleges, and area vocational
schools, THE AURARIA HIGHER EDUCATION CENTER ESTABLISHED IN
ARTICLE 70 OF THIS TITLE, and specifically the regents of the university of
Colorado and the institutions it governs. The governing boards and
institutions of the public system of higher education in Colorado,
including the university of Colorado, are obligated to conform to the
policies set by the commission within the authorities delegated to it in this
article.".

Renumber succeeding sections accordingly.


The amendment was passed on the following roll call vote:


House Journal, March 20
21 SB12-040 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend reengrossed bill, page 5, line 11, strike "12-____," and substitute
26 "12-1318,".
27
28 Page 6, after line 26 insert:
29
30 "SECTION 3. In Colorado Revised Statutes, 24-30-1301, amend
31 (7) as follows:
32
33 24-30-1301. Definitions. As used in this part 13, unless the
34 context otherwise requires:
35
36 (7) "Facility" means any public building or facility of the state but
37 does not include highways. "FACILITY" ALSO INCLUDES AN ACADEMIC OR
38 AUXILIARY FACILITY THAT QUALIFIES FOR CONTROLLED MAINTENANCE AS
39 SPECIFIED IN SECTION 23-1-106 (10.2), C.R.S.".
40
41 Renumber succeeding section accordingly.
42
43



SB12-041 Commercial Vehicle Enter Fund Continuous Approp 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-41 Department of revenue - commercial vehicle enterprise tax fund - continuous appropriation. The commercial vehicle enterprise tax fund (fund) consists of fines on overweight commercial vehicles. Among other things, moneys in the fund are annually appropriated to the department of revenue to refund sales and use taxes paid related to certain commercial vehicles. The act changes the annual appropriation requirement to a continuous appropriation to the department for the same purpose. APPROVED by Governor May 9, 2012 EFFECTIVE May 9, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Finance
01/11/2012 Introduced In Senate - Assigned to Finance + Appropriations
02/02/2012 Senate Committee on Finance Refer Unamended to Appropriations
02/24/2012 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/28/2012 Senate Second Reading Passed
02/29/2012 Senate Third Reading Passed
03/02/2012 Introduced In House - Assigned to Finance
03/22/2012 House Committee on Finance Refer Unamended to Appropriations
04/20/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
04/23/2012 House Second Reading Special Order - Passed
04/24/2012 House Third Reading Passed
05/02/2012:00 PM 04:10 Signed by the President of the Senate
05/03/2012:00 PM 04:20 Signed by the Speaker of the House
05/04/2012 Sent to the Governor
05/09/2012 Governor Action - Signed
Amendments:

SB12-042 Child Support Requirements & Federal Law 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill authorizes the state department of human services (department) to identify for another state, upon request and through a data match system (system), any assets owned by a person who owes child support in another state. The department is further authorized to seize such assets through levy or other appropriate processes. The department and financial institutions are required to enter into agreements to implement the system. The data match required through the system shall be conducted quarterly.
Status: 01/11/2012 Introduced In Senate - Assigned to Judiciary
02/01/2012 Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole
02/02/2012 Senate Second Reading Laid Over Daily
02/13/2012 Senate Second Reading Passed
02/14/2012 Senate Third Reading Passed
02/16/2012 Introduced In House - Assigned to Judiciary
02/28/2012 House Committee on Judiciary Refer Unamended to House Committee of the Whole
03/02/2012 House Second Reading Passed
03/05/2012 House Third Reading Passed
03/07/2012:28 AM 04:10 Signed by the President of the Senate
03/09/2012:01 AM 04:20 Signed by the Speaker of the House
03/12/2012 Sent to the Governor
03/19/2012 Governor Action - Signed
Amendments:

SB12-043 Increase Age To Attend Children's Resident Camp 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The child care licensing statute currently defines a children's resident camp as a camp that serves children who have completed kindergarten or who are 6 years of age or older but who are younger than 17 years of age. The bill changes the upper age limit to include children who are younger than 19 years of age and adds an exception to the upper age limit to include a person who is 19 or 20 years of age if, within 6 months prior to attending the children's resident camp, the person has attended or has graduated from high school.
Status: 01/11/2012 Introduced In Senate - Assigned to Education
01/19/2012 Senate Committee on Education Refer Unamended - Consent Calendar to Senate Committee of the Whole
01/24/2012 Senate Second Reading Laid Over Daily
01/30/2012 Senate Second Reading Passed
01/31/2012 Senate Third Reading Passed
02/02/2012 Introduced In House - Assigned to Education
02/22/2012 House Committee on Education Refer Unamended to House Committee of the Whole
02/27/2012 House Second Reading Special Order - Passed
02/28/2012 House Third Reading Passed
03/01/2012:03 AM 04:10 Signed by the President of the Senate
03/01/2012 Sent to the Governor
03/01/2012:30 AM 04:20 Signed by the Speaker of the House
03/09/2012 Governor Action - Signed
Amendments:

SB12-044 Failure To Provide Valid Transit Pass Or Coupon 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-44 Transit crime - new traffic infraction - fine revenue distribution - record sealing theft of transit - appropriations. The act repeals the crime of theft of public transportation services and creates a class B traffic infraction, failure to present a valid transit pass or coupon, that covers the same prohibited conduct as the former crime. If the violation occurs in Denver, the Denver County court keeps the fine revenue; in all other jurisdictions, the fine revenue is sent to the judicial department. If a person was convicted of theft of public transportation services by fare evasion prior to its repeal, and the person has completed the sentence at the time the act becomes law, the court that entered the conviction shall seal the conviction by January 1, 2013, or the person may petition the court for sealing if the person wants the conviction sealed before January 1, 2013. If a person was convicted of theft of public transportation services by fare evasion prior to its repeal, but has not completed the sentence at the time the act becomes law, that person can petition for sealing after completing the sentence. The act makes the following appropriations for fiscal year 2011-12: $14,800 cash funds from the driver's license administrative revocation account in the highway users tax fund to the department of revenue for computer center services That money is then appropriated to the governor's office of state planning and budgeting for allocation to the office of information technology. $2,324 cash funds to the department of revenue for implementation of the act, of which $2,302 is from collected penalty assessments and $22 is from administrative processing fees. For fiscal year 2012-13, the act appropriates $28,639 and 0.8 FTE to the department of revenue for implementation of this act, of which $22,224 is from the driver's license administrative revocation account in the highway users tax fund, $6,355 is from collected penalty assessments, and $60 is from administrative processing fees. APPROVED by Governor June 8, 2012 EFFECTIVE June 8, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
01/11/2012 Introduced In Senate - Assigned to Transportation + Appropriations
02/09/2012 Senate Committee on Transportation Refer Amended to Appropriations
03/16/2012 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
03/20/2012 Senate Second Reading Laid Over Daily
03/26/2012 Senate Second Reading Passed with Amendments
03/27/2012 Senate Third Reading Passed
03/29/2012 Introduced In House - Assigned to Transportation
04/18/2012 House Committee on Transportation Refer Amended to Finance
04/25/2012 House Committee on Finance Refer Unamended to Appropriations
05/01/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole
05/03/2012 House Second Reading Laid Over Daily
05/07/2012 House Second Reading Passed with Amendments
05/08/2012 House Third Reading Passed
05/09/2012 Senate Considered House Amendments - Result was to Concur - Repass
05/16/2012:32 AM 04:10 Signed by the President of the Senate
05/16/2012:10 PM 04:20 Signed by the Speaker of the House
05/16/2012 Sent to the Governor
06/08/2012 Governor Action - Signed
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB12-044 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, line 17, after the period, add
"NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FINES FOR A
VIOLATION OF SUBSECTION (1) OF THIS SECTION SHALL BE RETAINED BY
THE CLERK OF THE COURT IN THE CITY AND COUNTY OF DENVER UPON
RECEIPT BY THE CLERK FOR A VIOLATION OCCURRING WITHIN THAT
JURISDICTION, OR TRANSMITTED TO THE STATE JUDICIAL DEPARTMENT IF
THE FINE IS RECEIPTED BY THE CLERK OF THE COURT OF ANY OTHER
COUNTY.".

Page 2, line 20, after the period, add "THE EMPLOYING PUBLIC
TRANSPORTATION ENTITY SHALL DETERMINE THE REQUIREMENTS FOR
EMPLOYMENT AS A FARE INSPECTOR.".

Page 2, strike lines 21 through 27.

Page 3, strike lines 1 through 4.

Reletter succeeding paragraph accordingly.

Page 7, after line 1, insert:

"SECTION 6. In Colorado Revised Statutes, add 24-72-308.8 as
follows:
24-72-308.8. Sealing of criminal conviction records
information for offenses involving theft of public transportation
services. (1) IF A PERSON WAS CONVICTED OF THEFT OF PUBLIC
TRANSPORTATION SERVICES BY FARE EVASION AS DESCRIBED IN SECTION
18-4-802, C.R.S., AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, AND THE PERSON HAS COMPLETED THE SENTENCE, INCLUDING
PAYMENT OF THE FINE AND SURCHARGE, FOR THE CONVICTION AS OF THE
EFFECTIVE DATE OF THIS SECTION, THE COURT THAT ENTERED THE
CONVICTION SHALL SEAL THE CONVICTION BY JANUARY 1, 2013.
(2) A PERSON DESCRIBED IN SUBSECTION (1) OF THIS SECTION THAT
WANTS HIS OR HER CONVICTION SEALED PRIOR TO JANUARY 1, 2013, MAY
PETITION THE COURT IN WHICH THE CONVICTION WAS ENTERED FOR AN
ORDER SEALING THE RECORD OF THE CONVICTION. THE PERSON SHALL
PROVIDE ALL INFORMATION AS REQUIRED BY THE COURT IN THE PETITION.
UPON RECEIPT OF THE PETITION THE COURT SHALL VERIFY THAT THE
PERSON HAS COMPLETED HIS OR HER SENTENCE, INCLUDING PAYMENT OF
THE FINE AND SURCHARGE, AND IF THE SENTENCE HAS BEEN COMPLETED,
THE COURT SHALL ENTER AN ORDER SEALING THE CONVICTION.
(3) A PERSON CONVICTED OF THEFT OF PUBLIC TRANSPORTATION
SERVICES BY FARE EVASION AS DESCRIBED IN SECTION 18-4-802, C.R.S.,
AS IT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, WHO DID
NOT COMPLETE THE SENTENCE FOR THE CONVICTION PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION MAY PETITION THE COURT IN WHICH THE
CONVICTION WAS ENTERED FOR AN ORDER SEALING THE RECORD OF THE
CONVICTION AFTER HE OR SHE COMPLETES THE SENTENCE, INCLUDING
PAYMENT OF THE FINE AND SURCHARGE, FOR THE CONVICTION. THE
PERSON SHALL PROVIDE ALL INFORMATION AS REQUIRED BY THE COURT IN
THE PETITION. UPON RECEIPT OF THE PETITION, THE COURT SHALL VERIFY
THAT THE PERSON HAS COMPLETED HIS OR HER SENTENCE AND IF THE
SENTENCE HAS BEEN COMPLETED, THE COURT SHALL ENTER AN ORDER
SEALING THE CONVICTION.
(4) UPON THE ENTRY OF AN ORDER TO SEAL CONVICTION RECORDS
PURSUANT TO THIS SECTION, THE DEFENDANT AND ALL CRIMINAL JUSTICE
AGENCIES MAY PROPERLY REPLY, UPON AN INQUIRY IN THE MATTER, THAT
PUBLIC CONVICTION RECORDS DO NOT EXIST WITH RESPECT TO THE
DEFENDANT. INSPECTION OF THE RECORDS INCLUDED IN AN ORDER
SEALING CONVICTION RECORDS MAY THEREAFTER BE PERMITTED BY THE
COURT ONLY UPON PETITION BY THE DEFENDANT. EMPLOYERS, STATE AND
LOCAL GOVERNMENT AGENCIES, OFFICIALS, LANDLORDS, AND EMPLOYEES
SHALL NOT, IN ANY APPLICATION OR INTERVIEW OR IN ANY OTHER WAY,
REQUIRE AN APPLICANT TO DISCLOSE ANY INFORMATION CONTAINED IN
SEALED CONVICTION RECORDS. AN APPLICANT NEED NOT, IN ANSWER TO
ANY QUESTION CONCERNING CONVICTION RECORDS THAT HAVE BEEN
SEALED, INCLUDE A REFERENCE TO OR INFORMATION CONCERNING THE
SEALED CONVICTION RECORDS AND MAY STATE THAT THE APPLICANT HAS
NOT BEEN CRIMINALLY CONVICTED. NOTWITHSTANDING THE PROVISIONS
OF THIS SECTION, THE COLORADO STATE BOARD OF LAW EXAMINERS MAY
MAKE FURTHER INQUIRIES INTO THE FACT OF A CONVICTION THAT COMES
TO THE ATTENTION OF THE BAR COMMITTEE THROUGH OTHER MEANS. THE
BAR COMMITTEE OF THE COLORADO STATE BOARD OF LAW EXAMINERS
HAS A RIGHT TO INQUIRE INTO THE MORAL AND ETHICAL QUALIFICATIONS
OF AN APPLICANT, AND THE APPLICANT DOES NOT HAVE A RIGHT TO
PRIVACY OR PRIVILEGE THAT JUSTIFIES HIS OR HER REFUSAL TO ANSWER
A QUESTION CONCERNING SEALED CONVICTION RECORDS THAT HAVE COME
TO THE ATTENTION OF THE BAR COMMITTEE THROUGH OTHER MEANS.".
Page 7, strike lines 2 through 11 and substitute:

"SECTION 7. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

Senate Journal, March 16
After consideration on the merits, the Committee recommends that SB12-044 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend the Transportation Committee Report, dated February 14, 2012,
page 3, line 10, strike "MEANS."." and substitute "MEANS.".

Page 3, after line 10 insert:

"SECTION 7. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
driver's license administrative revocation account in the highway users tax
fund created in section 42-2-132 (4) (b) (I) (A), Colorado Revised
Statutes, not otherwise appropriated, to the department of revenue, for the
fiscal year beginning July 1, 2011, the sum of $14,800 cash funds, or so
much thereof as may be necessary, to be allocated for the purchase of
computer center services.
(2) In addition to any other appropriation, there is hereby
appropriated to the governor - lieutenant governor - state planning and
budgeting, for the fiscal year beginning July 1, 2011, the sum of $14,800,
or so much thereof as may be necessary, for allocation to the office of
information technology, for the provision of computer center services for
the department of revenue related to the implementation of this act. Said
sum is from reappropriated funds received from the department of
revenue out of the appropriation made in subsection (1) of this section.
(3) In addition to any other appropriation, there is hereby
appropriated, to the department of revenue, for the fiscal year beginning
July 1, 2011, the sum of $2,324 cash funds, or so much thereof as may be
necessary, related to the implementation of this act. Of said sum, $2,302
is from the penalty assessments collected and retained for administrative
purposes pursuant to section 42-1-217 (2), Colorado Revised Statutes,
and $22 is from administrative processing fees associated with
outstanding judgments and warrants collected pursuant to section
42-2-118 (3) (c), Colorado Revised Statutes.
SECTION 8. Appropriation. In addition to any other
appropriation, there is hereby appropriated, to the department of revenue,
for the fiscal year beginning July 1, 2012, the sum of $28,639 cash funds
and 0.8 FTE, or so much thereof as may be necessary, related to the
implementation of this act. Of said sum, $22,224 is from the driver's
license administrative revocation account of the highway users tax fund
created in section 42-2-132 (4) (b) (I) (A), Colorado Revised Statutes,
$6,355 is from the penalty assessments collected and retained for
administrative purposes pursuant to section 42-1-217 (2), Colorado
Revised Statutes, and $60 is from administrative processing fees
associated with outstanding judgments and warrants collected pursuant
to section 42-2-118 (3) (c), Colorado Revised Statutes.".".

Page 3, line 12, strike ""SECTION 7." and substitute ""SECTION 9.".

Page 3, after line 14 insert:

"Page 1 of the bill, line 102, strike "PAYMENT." and substitute
"PAYMENT, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".".


Appro-
priations


Senate Journal, March 26
SB12-044 by Senator(s) Guzman; also Representative(s) Pabon--Concerning failure to present valid
evidence of mass transit fare payment, and, in connection therewith, making an
appropriation.

Amendment No. 1, Transportation Committee Amendment.
(Printed in Senate Journal, February 15, pages 165-167 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 16, pages 502-503 and placed in members' bill files.)

Amendment No. 3(L.004), by Senator Guzman

Amend printed bill, page 3, line 18, strike "THE COUNTY OR CITY AND".

Page 3, strike lines 19 and 20.


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


House Journal, April 19
5 SB12-044 be amended as follows, and as so amended, be referred to
6 the Committee on Finance with favorable
7 recommendation:
8
9 Amend reengrossed bill, page 7, line 13, strike "PETITION THE COURT" and
10 substitute "MOTION THE COURT IN THE CASE".
11
12 Page 7, line 15, strike "PETITION." and substitute "MOTION.".
13
14 Page 7, line 16, strike "PETITION" and substitute "MOTION".
15
16 Page 7, line 24, strike "PETITION THE COURT" and substitute "MOTION THE
17 COURT IN THE CASE".
18
19 Page 8, line 2, strike "PETITION." and substitute "MOTION." and strike
20 "PETITION," and substitute "MOTION,".
21
22 Page 9, after line 2 insert:
23
24 "(5) THE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL POST
25 ON ITS WEB SITE NO LATER THAN JULY 1, 2012, A STATEMENT THAT ALL
26 RECORDS FOR CONVICTIONS OF THEFT OF PUBLIC TRANSPORTATION
27 SERVICES BY FARE EVASION FOR ALL PERSONS WHO HAVE COMPLETED
28 THEIR SENTENCES SHALL BE SEALED NO LATER THAN JANUARY 1, 2013.
29 THE OFFICE OF THE STATE COURT ADMINISTRATOR SHALL REMOVE THE
30 POST FROM ITS WEB SITE THIRTY DAYS AFTER THE DATE OF THE INITIAL
31 POSTING.".



SB12-045 Higher Ed Associate Degree Transfer Students 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: S.B. 12-45 Commission on higher education - the award of an associate degree to certain students enrolled in a 4-year institution - notification process. The act requires the commission on higher education (commission) to collaborate with 4-year and 2-year institutions of higher education to develop and coordinate a process to notify a student enrolled in a 4-year institution that he or she may be eligible for an associate degree from a 2-year institution that the student attended prior to transferring to a 4-year institution. To receive notification, a student must have met the residency requirement for the 2-year institution and have accumulated 70 credits at the 4-year institution. At a minimum, the process for notification shall specify the roles of the student, the department of higher education, and the institutions in the process. The role of the 4-year institutions are limited to providing contact information for the student. The 4-year and 2-year institutions shall agree on the contents of the notification. The 4-year and 2-year institutions shall inform students about the process for the award of an associate degree. Nothing in the act limits the ability of 4-year and 2-year institutions to develop agreements for the award of an associate degree that are consistent with the intent of the statute. APPROVED by Governor April 18, 2012 EFFECTIVE April 18, 2012
Status: 01/11/2012 Introduced In Senate - Assigned to Education
02/09/2012 Senate Committee on Education Refer Amended to Senate Committee of the Whole
02/14/2012 Senate Second Reading Laid Over Daily
02/15/2012 Senate Second Reading Passed with Amendments
02/16/2012 Senate Third Reading Passed
02/20/2012 Introduced In House - Assigned to Education
03/19/2012 House Committee on Education Refer Amended to House Committee of the Whole
03/22/2012 House Second Reading Laid Over Daily
03/23/2012 House Second Reading Passed with Amendments
03/26/2012 House Third Reading Laid Over Daily
03/27/2012 House Third Reading Passed
03/29/2012 Senate Considered House Amendments - Result was to Concur - Repass
04/04/2012:35 AM 04:10 Signed by the President of the Senate
04/09/2012:52 PM 04:20 Signed by the Speaker of the House
04/09/2012 Sent to the Governor
04/18/2012 Governor Action - Signed
Amendments:

Senate Journal, February 10
After consideration on the merits, the Committee recommends that SB12-045 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. In Colorado Revised Statutes, add 23-1-130 as
follows:
23-1-130. Commission directive - associate degree completion
program - legislative declaration - definitions. (1) (a) THE GENERAL
ASSEMBLY FINDS AND DECLARES THAT, DUE TO THE DEMANDS OF A
GLOBAL ECONOMY, THE STATE AND THE NATION HAVE AN INCREASING
NEED FOR INDIVIDUALS WITH A POSTSECONDARY CREDENTIAL OR DEGREE.
MANY STUDENTS BEGIN THEIR POSTSECONDARY EDUCATION IN A
TWO-YEAR INSTITUTION AND TRANSFER TO A FOUR-YEAR INSTITUTION
PRIOR TO RECEIVING AN ASSOCIATE DEGREE. SOME STUDENTS WHO
SUBSEQUENTLY ACCUMULATE THE CREDIT HOURS NECESSARY FOR AN
ASSOCIATE DEGREE WHILE AT THE FOUR-YEAR INSTITUTION, OR WHO
LEAVE THE FOUR-YEAR INSTITUTION PRIOR TO COMPLETING A BACHELOR'S
DEGREE, WOULD BENEFIT FROM THE AWARD OF AN ASSOCIATE DEGREE.
THE AWARD OF AN ASSOCIATE DEGREE NOT ONLY REWARDS THE
STUDENT'S EFFORTS IN ATTAINING POSTSECONDARY EDUCATION, BUT ALSO
RECOGNIZES THE INVESTMENT OF FINANCIAL RESOURCES IN
POSTSECONDARY EDUCATION BY BOTH THE STUDENT AND THE STATE.
(b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE
STATE'S TWO-YEAR AND FOUR-YEAR INSTITUTIONS SHOULD WORK IN
COLLABORATION WITH THE COMMISSION TO DEVELOP A PROCESS THAT
REDUCES A POTENTIAL BARRIER TO DEGREE COMPLETION BY PROVIDING
STUDENTS WITH INFORMATION ABOUT THE STUDENT'S ELIGIBILITY FOR AN
ASSOCIATE DECREE.
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ASSOCIATE DEGREE" MEANS AN ASSOCIATE OF ARTS OR
ASSOCIATE OF SCIENCE DEGREE
(b) "FOUR-YEAR INSTITUTION" MEANS A STATE-SUPPORTED
INSTITUTION OF HIGHER EDUCATION THAT IS AUTHORIZED TO GRANT
BACCALAUREATE DEGREES.
(c) "TWO-YEAR INSTITUTION" MEANS A STATE-SUPPORTED
INSTITUTION OF HIGHER EDUCATION, OR A LOCAL DISTRICT COLLEGE, THAT
IS AUTHORIZED TO GRANT ASSOCIATE DEGREES.
(3) (a) THE COMMISSION SHALL COLLABORATE WITH THE
GOVERNING BOARDS OF THE TWO-YEAR AND FOUR-YEAR INSTITUTIONS TO
DEVELOP AND COORDINATE A PROCESS TO NOTIFY STUDENTS CONCERNING
ELIGIBILITY FOR THE AWARD OF AN ASSOCIATE DEGREE. THE
NOTIFICATION PROCESS SHALL APPLY TO STUDENTS AT A FOUR-YEAR
INSTITUTION WHO HAVE ACCUMULATED SEVENTY CREDIT HOURS AT A
FOUR-YEAR INSTITUTION AND WHO TRANSFERRED TO THE INSTITUTION
AFTER COMPLETING THE RESIDENCY REQUIREMENTS FOR AN ASSOCIATE
DEGREE AT A TWO-YEAR INSTITUTION. THE NOTIFICATION PROCESS
DEVELOPED PURSUANT TO THIS SECTION SHALL SPECIFY THE ROLE OF THE
STUDENT, THE DEPARTMENT, AND THE TWO-YEAR AND FOUR-YEAR
INSTITUTIONS IN THE PROCESS, WITH THE ROLE OF THE FOUR-YEAR
INSTITUTIONS LIMITED TO PROVIDING CONTACT INFORMATION FOR
ELIGIBLE STUDENTS. THE NOTIFICATION PROCESS SHALL BE IMPLEMENTED
NO LATER THAN THE BEGINNING OF THE 2013-14 ACADEMIC YEAR.
(b) AT A MINIMUM, THE NOTIFICATION TO ELIGIBLE STUDENTS
SHALL INCLUDE THE REQUIREMENTS FOR THE DEGREE AUDIT BY THE
TWO-YEAR INSTITUTION AND INFORMATION CONCERNING THE PROCESS
FOR A STUDENT TO BE AWARDED AN ASSOCIATE DEGREE IN THE FUTURE IF
THE DEGREE REQUIREMENTS ARE NOT MET OR THE STUDENT DECLINES THE
ASSOCIATE DEGREE AT THE TIME OF THE NOTIFICATION.
(c) NOTHING IN THIS SECTION LIMITS THE ABILITY OF THE
GOVERNING BOARDS OF TWO-YEAR AND FOUR-YEAR INSTITUTIONS TO
DEVELOP REVERSE TRANSFER AGREEMENTS THAT ARE CONSISTENT WITH
THE INTENT OF THIS SECTION.
(4) EACH TWO-YEAR AND FOUR-YEAR INSTITUTION SHALL PROVIDE
STUDENTS WITH INFORMATION CONCERNING THE PROCESS DEVELOPED
PURSUANT TO THIS SECTION.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".

House Journal, March 20
45 SB12-045 be amended as follows, and as so amended, be referred to
46 the Committee of the Whole with favorable
47 recommendation:
48
49 Amend reengrossed bill, page 4, strike line 1 and substitute:
50
51 "(b) THE TWO-YEAR AND FOUR-YEAR INSTITUTIONS SHALL AGREE
52 UPON THE CONTENTS OF THE NOTIFICATION TO ELIGIBLE STUDENTS. AT A
53 MINIMUM, THE NOTIFICATION".
54
55



SB12-046 Discipline In Public Schools 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Legislative Task Force to Study School Discipline. The bill amends the statutory grounds for suspension or expulsion of a student to increase the discretion of school administrators and school district boards of education (local boards). The only circumstances under which expulsion remains mandatory are those that involve a student who is determined to have brought a firearm to school or possessed a firearm at school. The bill defines the terms "suspension", "in-school suspension", "out-of-school suspension", and "expulsion". The bill relocates, with substantive amendments, certain statutory provisions concerning school conduct and discipline codes (codes) and safe school reporting requirements. Each code shall include criteria distinguishing minor code violations from behavior that will result in the referral of an offending student to a law enforcement agency. Each code shall include a specific policy concerning the prevention of sexual assault and domestic violence. Each public school of a school district shall require each student enrolled in the public school to be familiar with the provisions of the code. In creating and enforcing a code, each local board shall:
* Ensure that the code is designed to protect students from harm, provide opportunities for students to learn from their mistakes, foster a positive learning community, keep students in school, and implement a graduated set of age-appropriate responses to misconduct that are fair and proportionate in relation to each student's individual conduct;
* To the extent practicable, limit the use of out-of-school suspensions and expulsions to incidents that involve conduct that poses a serious and credible threat to the safety of pupils and staff; and
* To the extent practicable, use prevention, intervention, restorative justice, peer mediation, counseling, and other approaches to address student misconduct. In creating a code, each local board shall solicit and consider input from the school district accountability committee of the school district and a local or statewide law enforcement agency. To the extent practicable, each local board shall assist teachers and other school employees, as may be appropriate, in obtaining training in conflict resolution in and out of the classroom, disciplinary alternatives, and restorative justice for the purpose of preventing violations of the school district's code. If a student is suspended from school, the suspending authority shall provide an opportunity for the student to make up school work during the period of suspension for full academic credit. The report of code violations that is required of each school principal as part of the safe school reporting requirements shall specifically identify each violation that resulted in referral to a law enforcement agency. On and after October 1, 2012, the peace officer standards and training (P.O.S.T.) board shall create and provide a training curriculum to prepare peace officers to serve as school resource officers. In creating the training curriculum, the P.O.S.T. board shall solicit and, to the extent practicable, implement the suggestions of relevant stakeholders. On and after October 1, 2013, neither a school administrator nor a local board shall accept the assignment of a peace officer acting in his or her official capacity as school resource officer in a public school unless the peace officer has successfully completed the school resource officer training program.
Status: 01/11/2012 Introduced In Senate - Assigned to Education
02/16/2012 Senate Committee on Education Witness Testimony and/or Committee Discussion Only
03/01/2012 Senate Committee on Education Refer Amended to Appropriations
04/24/2012 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/26/2012 Senate Second Reading Passed with Amendments
04/27/2012 Senate Third Reading Passed
05/01/2012 Introduced In House - Assigned to Education
05/02/2012 House Committee on Education Refer Unamended to House Committee of the Whole
05/08/2012 House Second Reading Laid Over Daily
Amendments:

Senate Journal, March 2
After consideration on the merits, the Committee recommends that SB12-046 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. Legislative declaration. (1) The general assembly
hereby declares that:
(a) The use of inflexible "zero-tolerance" policies as a means of
addressing disciplinary problems in schools has resulted in unnecessary
expulsions, out-of-school suspensions, and referrals to law enforcement
agencies;
(b) Involvement of students in the criminal or juvenile justice
systems should be avoided when addressing minor misbehavior that is
typical for a student based on his or her developmental stage;
(c) State laws must allow school administrators and local boards
of education to use their discretion to determine the appropriate
disciplinary response to each incident of student misconduct;
(d) Each school district of the state is encouraged, in creating and
enforcing a school conduct and discipline code, to protect students and
staff from harm, provide opportunities for students to learn from their
mistakes, foster a positive learning community, keep students in school,
and show mindful consideration of negative impacts that can occur as a
result of involvement with the criminal justice system;
(e) School discipline policies and practices must apply equally to
all students regardless of their economic status, race, gender, ethnicity,
religion, national origin, sexual orientation, or disability; and
(f) Each school district of the state is encouraged to include in its
school conduct and discipline code a specific policy that:
(I) States which violations of the code require a referral to law
enforcement due to the serious nature of the violation or as a result of a
state or federal reporting law;
(II) States which violations of the code may result in a referral to
law enforcement, subject to the discretion of a school administration or
a local board of education; and
(III) States factors that the school district will consider when
making a determination as to whether to refer a student to law
enforcement, which factors, at a minimum, include:
(A) The age of a student;
(B) The disciplinary history of a student,
(C) Whether a student has a disability;
(D) The seriousness of a violation;
(E) Whether a violation threatened the safety of any student or
staff member; and
(F) Whether a lesser intervention would properly address a
violation.
(2) Now, therefore, the general assembly determines and declares
that:
(a) To ensure that the best interests of Colorado schools are being
served, in accordance with section 2-2-1201, Colorado Revised Statutes
(C.R.S.), the legislative service agencies of the general assembly shall
conduct a post-enactment review of this act and report their conclusions
to the education committees of the house of representatives and senate,
or any successor committees, and to the persons described in section
2-2-1201 (3), C.R.S.;
(b) Notwithstanding the provisions of section 2-2-1201 (3),
C.R.S., the legislative service agencies of the general assembly shall
complete the post-enactment review of this act four years after this act
becomes law;
(c) Notwithstanding the provisions of section 2-2-1201 (2) (a),
C.R.S., the review shall not make the determinations described in said
section 2-2-1201 (2) (a), C.R.S., but shall include any information
reported to the division of criminal justice by school resource officers and
other law enforcement officers pursuant to section 22-32-145, C.R.S., as
described in section 3 of this act; and by district attorneys pursuant to
section 20-1-113, C.R.S., as described in section 10 of this act; and
(d) The members of the education committees of the house of
representatives and senate, or any successor committees, are encouraged
to consider whether to:
(I) Continue to require school resource officers and other law
enforcement officers and district attorneys to report such information to
the division of criminal justice; or
(II) Enact legislation to repeal such reporting requirements.
SECTION 2. In Colorado Revised Statutes, 22-32-109.1, amend
(1), (2) introductory portion, (2) (a), and (2) (b); and add (1.5) as follows:
22-32-109.1. Board of education - specific powers and duties
- safe school plan - conduct and discipline code - safe school reporting
requirements. (1) Definitions. Each school district board of education
shall adopt a mission statement for the school district, which statement
shall include making safety a priority in each public school of the school
district. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ACTION TAKEN" MEANS A SPECIFIC TYPE OF DISCIPLINE,
INCLUDING BUT NOT LIMITED TO THE FOLLOWING CATEGORIES OF
DISCIPLINE
(I) IN-SCHOOL SUSPENSION;
(II) OUT-OF-SCHOOL SUSPENSION
(III) CLASSROOM REMOVAL IN ACCORDANCE WITH BOARD POLICY;
(IV) EXPULSION
(V) REFERRAL TO A LAW ENFORCEMENT AGENCY; OR
(VI) ANY OTHER FORM OF DISCIPLINE, WHICH SHALL BE
OFFICIALLY IDENTIFIED AS PART OF A BOARD POLICY;
(b) "BULLYING" MEANS ANY WRITTEN OR VERBAL EXPRESSION, OR
PHYSICAL OR ELECTRONIC ACT OR GESTURE, OR A PATTERN THEREOF, THAT
IS INTENDED TO COERCE, INTIMIDATE, OR CAUSE ANY PHYSICAL, MENTAL,
OR EMOTIONAL HARM TO ANY STUDENT. BULLYING IS PROHIBITED
AGAINST ANY STUDENT FOR ANY REASON, INCLUDING BUT NOT LIMITED TO
ANY SUCH BEHAVIOR THAT IS DIRECTED TOWARD A STUDENT ON THE BASIS
OF HIS OR HER ACADEMIC PERFORMANCE OR AGAINST WHOM FEDERAL AND
STATE LAWS PROHIBIT DISCRIMINATION UPON ANY OF THE BASES
DESCRIBED IN SECTION 22-32-109 (1) (ll) (I). THIS DEFINITION IS NOT
INTENDED TO INFRINGE UPON ANY RIGHT GUARANTEED TO ANY PERSON BY
THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION OR TO
PREVENT THE EXPRESSION OF ANY RELIGIOUS, POLITICAL, OR
PHILOSOPHICAL VIEWS.
(c) "DANGEROUS WEAPON" HAS THE SAME MEANING AS SET FORTH
IN SECTION 22-33-102 (4).
(d) "FULL-TIME TEACHER" MEANS A PERSON WHO IS LICENSED
PURSUANT TO ARTICLE 60.5 OF THIS TITLE, OR IS AUTHORIZED PURSUANT
TO SECTION 22-60.5-111 TO TEACH, AND IS PRIMARILY ENGAGED IN
TEACHING DURING A MAJORITY OF THE INSTRUCTIONAL MINUTES PER
SCHOOL DAY.
(e) "HABITUALLY DISRUPTIVE STUDENT" HAS THE SAME MEANING
AS SET FORTH IN SECTION 22-33-106 (1) (c.5).
(f) (I) "REFERRAL TO LAW ENFORCEMENT" MEANS A
COMMUNICATION BETWEEN A SCHOOL ADMINISTRATOR, TEACHER, OR
OTHER SCHOOL EMPLOYEE AND A LAW ENFORCEMENT AGENCY, WHICH
COMMUNICATION:
(A) IS INITIATED BY THE SCHOOL ADMINISTRATOR, TEACHER, OR
OTHER SCHOOL EMPLOYEE; AND
(B) CONCERNS BEHAVIOR BY A STUDENT THAT THE SCHOOL
ADMINISTRATOR, TEACHER, OR OTHER SCHOOL EMPLOYEE BELIEVES MAY
CONSTITUTE A VIOLATION OF THE SCHOOL CONDUCT AND DISCIPLINE CODE
OR A CRIMINAL OR DELINQUENT OFFENSE AND FOR WHICH THE SCHOOL
ADMINISTRATOR, TEACHER, OR OTHER SCHOOL EMPLOYEE REQUESTS AN
INVESTIGATION OR OTHER INVOLVEMENT BY A LAW ENFORCEMENT
AGENCY.
(II) "REFERRAL TO LAW ENFORCEMENT" DOES NOT INCLUDE:
(A) CONTACT WITH A LAW ENFORCEMENT AGENCY THAT IS MADE
FOR THE PURPOSE OF EDUCATION, PREVENTION, OR INTERVENTION
REGARDING A STUDENT'S BEHAVIOR; OR
(B) ROUTINE OR INCIDENTAL COMMUNICATION BETWEEN A
SCHOOL ADMINISTRATOR, TEACHER, OR OTHER SCHOOL EMPLOYEE AND A
LAW ENFORCEMENT OFFICER.
(g) "RESTORATIVE JUSTICE" HAS THE SAME MEANING AS SET
FORTH IN SECTION 22-32-144 (3).
(h) "SCHOOL VEHICLE" SHALL HAVE THE SAME MEANING AS SET
FORTH IN SECTION 42-1-102 (88.5), C.R.S.
(1.5) Mission statement. EACH SCHOOL DISTRICT BOARD OF
EDUCATION SHALL ADOPT A MISSION STATEMENT FOR THE SCHOOL
DISTRICT, WHICH STATEMENT SHALL INCLUDE MAKING SAFETY FOR ALL
STUDENTS AND STAFF A PRIORITY IN EACH PUBLIC SCHOOL OF THE SCHOOL
DISTRICT.
(2) Safe school plan. In order to provide a learning environment
that is safe, conducive to the learning process, and free from unnecessary
disruption, following consultation with the school district accountability
committee and school accountability committees, parents, teachers,
administrators, students, student councils where available, and, where
appropriate, the community at large, each school district board of
education shall adopt and implement a safe school plan, or review and
revise, if AS necessary IN RESPONSE TO ANY RELEVANT DATA COLLECTED
BY THE SCHOOL DISTRICT, any existing plans or policies already in effect.
which IN ADDITION TO THE AFOREMENTIONED PARTIES, EACH SCHOOL
DISTRICT BOARD OF EDUCATION, IN ADOPTING AND IMPLEMENTING ITS
SAFE SCHOOL PLAN, MAY CONSULT WITH VICTIMS ADVOCACY
ORGANIZATIONS, SCHOOL PSYCHOLOGISTS, AND LOCAL LAW
ENFORCEMENT AGENCIES. THE PLAN, AT A MINIMUM, shall include but not
be limited to, the following:
(a) Conduct and discipline code. (I) A concisely written conduct
and discipline code that shall be enforced uniformly, fairly, and
consistently for all students. Copies of the code shall be provided to each
student upon enrollment at the elementary, middle, and high school levels
and shall be posted or kept on file at each public school in the school
district. THE SCHOOL DISTRICT SHALL TAKE REASONABLE MEASURES TO
ENSURE THAT EACH STUDENT OF EACH PUBLIC SCHOOL IN THE SCHOOL
DISTRICT IS FAMILIAR WITH THE CODE. The code shall include, but shall
NEED not be limited to:
(I) (A) General policies on student conduct, safety, and welfare;
(II) (B) General policies and procedures for dealing with students
who cause a disruption in the classroom, on school grounds, in A school
vehicles as defined in section 42-1-102 (88.5), C.R.S., VEHICLE, or at A
school activities ACTIVITY or sanctioned events EVENT, including a
specific policy allowing a teacher to remove a disruptive student from his
or her classroom. and, THE POLICY SHALL STATE THAT, upon the third
such removal from a teacher's class, to THE TEACHER MAY remove the
disruptive student from such THE teacher's class for the remainder of the
term of the class; EXCEPT THAT A DISRUPTIVE STUDENT SHALL NOT BE
REMOVED FROM A TEACHER'S CLASS FOR THE REMAINDER OF THE TERM OF
THE CLASS UNLESS THE PRINCIPAL OF THE STUDENT'S SCHOOL OR HIS OR
HER DESIGNEE HAS DEVELOPED AND IMPLEMENTED A BEHAVIOR PLAN FOR
THE STUDENT. A BEHAVIOR PLAN MAY BE DEVELOPED AFTER THE FIRST
SUCH REMOVAL FROM CLASS AND SHALL BE DEVELOPED AFTER THE
SECOND REMOVAL FROM CLASS. The general policies and procedures shall
include a due process procedure, which at a minimum shall require that,
as soon as possible after a removal, the teacher or the school principal
shall contact the parent or legal guardian of the student to request his or
her attendance at a student-teacher conference regarding the removal. A
behavior plan may be developed after the first such removal from class,
and shall be developed after the second such removal from class. Any
policy or procedure adopted shall comply with applicable federal and
state laws, including but not limited to laws regarding students with
disabilities.
(III) (C) Provisions for the initiation of suspension or expulsion
proceedings for students who qualify as habitually disruptive by causing
a disruption in the classroom, on school grounds, in school vehicles, or
at school activities or sanctioned events for a third time during a single
school year or calendar year STUDENTS;
(IV) (D) Policies and procedures for the use of acts of reasonable
and appropriate physical intervention or force in dealing with disruptive
students; except that no board shall adopt a discipline code that includes
provisions that are in conflict with the definition of child abuse in section
18-6-401 (1), C.R.S., and section 19-1-103 (1), C.R.S.;
(V) (E) General policies and procedures for determining the
circumstances under and the manner in which disciplinary actions,
including suspension and expulsion, shall be imposed in accordance with
the provisions of sections 22-33-105 and 22-33-106;
(VI) (F) A specific policy concerning gang-related activities in the
school, on school grounds, in school vehicles, or AND at school activities
or sanctioned events;
(VII) (G) Written prohibition, consistent with section 22-33-106,
of students from bringing OR POSSESSING dangerous weapons, drugs, or
other controlled substances to school, on school grounds, in A school
vehicles VEHICLE, or at A school activities ACTIVITY or sanctioned events
EVENT and from using drugs OR other controlled substances or tobacco
products on school grounds, in A school vehicles VEHICLE, or at A school
activities ACTIVITY or sanctioned events EVENT;
(H) WRITTEN PROHIBITION OF STUDENTS FROM USING OR
POSSESSING TOBACCO PRODUCTS ON SCHOOL GROUNDS, IN A SCHOOL
VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT;
(VIII) (I) A written policy concerning searches on school grounds,
including SEARCHES OF student lockers;
(IX) (J) A dress code policy that encourages school pride and
unity, promotes uniformity of dress, and defines and prohibits students
from wearing apparel that is deemed disruptive to the classroom
environment or to the maintenance of a safe and orderly school. The dress
code policy may require students to wear a school uniform or may
establish minimum standards of dress; and
(X) (A) (K) On and after August 8, 2001, a specific policy
concerning bullying prevention and education. Each school district is
encouraged to ensure that its policy, at a minimum, incorporates the
biennial administration of surveys of students' impressions of the severity
of bullying in their schools, as described in section 22-93-104 (1) (c);
character building; and the designation of a team of persons at each
school of the school district who advise the school administration
concerning the severity and frequency of bullying incidents that occur in
the school, which team may include, but need not be limited to, law
enforcement officials, social workers, prosecutors, health professionals,
mental health professionals, SCHOOL PSYCHOLOGISTS, counselors,
teachers, administrators, parents, and students. Each school district's
policy shall set forth appropriate disciplinary consequences for students
who bully other students and for any person who takes any retaliatory
action against a student who reports in good faith an incident of bullying,
which consequences shall comply with all applicable state and federal
laws.
(B) For purposes of this subparagraph (X), "bullying" means any
written or verbal expression, or physical or electronic act or gesture, or a
pattern thereof, that is intended to coerce, intimidate, or cause any
physical, mental, or emotional harm to any student. Bullying is prohibited
against any student for any reason, including but not limited to any such
behavior that is directed toward a student on the basis of his or her
academic performance or against whom federal and state laws prohibit
discrimination upon any of the bases described in section 22-32-109 (1)
(ll) (I). This definition is not intended to infringe upon any right
guaranteed to any person by the first amendment to the United States
constitution or to prevent the expression of any religious, political, or
philosophical views.
(II) IN CREATING AND ENFORCING A SCHOOL CONDUCT AND
DISCIPLINE CODE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH
(a), EACH SCHOOL DISTRICT BOARD OF EDUCATION, ON AND AFTER
AUGUST 1, 2013, SHALL:
(A) IMPOSE PROPORTIONATE DISCIPLINARY INTERVENTIONS AND
CONSEQUENCES, INCLUDING BUT NOT LIMITED TO IN-SCHOOL
SUSPENSIONS, IN RESPONSE TO STUDENT MISCONDUCT, WHICH
INTERVENTIONS AND CONSEQUENCES ARE DESIGNED TO REDUCE THE
NUMBER OF EXPULSIONS, OUT-OF-SCHOOL SUSPENSIONS, AND REFERRALS
TO LAW ENFORCEMENT, EXCEPT FOR SUCH REFERRALS TO LAW
ENFORCEMENT AS ARE REQUIRED BY STATE OR FEDERAL LAW;
(B) INCLUDE PLANS FOR THE APPROPRIATE USE OF PREVENTION,
INTERVENTION, RESTORATIVE JUSTICE, PEER MEDIATION, COUNSELING, OR
OTHER APPROACHES TO ADDRESS STUDENT MISCONDUCT, WHICH
APPROACHES ARE DESIGNED TO MINIMIZE STUDENT EXPOSURE TO THE
CRIMINAL AND JUVENILE JUSTICE SYSTEM. THE PLANS SHALL STATE THAT
A SCHOOL ADMINISTRATION SHALL NOT ORDER A VICTIM'S PARTICIPATION
IN A RESTORATIVE JUSTICE PRACTICE OR PEER MEDIATION IF THE ALLEGED
VICTIM OF AN OFFENDING STUDENT'S MISCONDUCT ALLEGES THAT THE
MISCONDUCT CONSTITUTES UNLAWFUL SEXUAL BEHAVIOR, AS DEFINED IN
SECTION 16-22-102 (9), C.R.S.; A CRIME IN WHICH THE UNDERLYING
FACTUAL BASIS INVOLVES DOMESTIC VIOLENCE, AS DEFINED IN SECTION
18-6-800.3 (1), C.R.S.; STALKING AS DEFINED IN SECTION 18-3-602,
C.R.S.; OR VIOLATION OF A PROTECTION ORDER, AS DEFINED IN SECTION
18-6-803.5, C.R.S.; AND
(C) ENSURE THAT THE IMPLEMENTATION OF THE CODE COMPLIES
WITH ALL STATE AND FEDERAL LAWS CONCERNING THE EDUCATION OF
STUDENTS WITH DISABILITIES, AS DEFINED IN SECTION 22-20-103 (5).
(b) Safe school reporting requirements. A policy whereby the
principal of each public school in a school district shall submit annually,
in a manner and by a date specified by rule of the state board, a written
report to the board of education of such school district concerning the
learning environment in the school during that school year. The board of
education of the school district annually shall compile the reports from
every school in the district and shall submit the compiled report to the
department of education in a format specified by rule of the state board.
The compiled report shall be made available to the general public. Such
report shall include, but need not be limited to, the following specific
information for the preceding school year:
(I) The total enrollment for the school;
(II) The average daily attendance rate at the school;
(III) Dropout rates for grades seven through twelve, if such grades
are taught at the school; and
(IV) The number of conduct and discipline code violations, each
of which violations shall be reported only in the most serious category
that is applicable to that violation, including but not limited to specific
information on IDENTIFYING the number of, and the action taken with
respect to, each of the following types of violations:
(A) Carrying, bringing, using, or Possessing a dangerous weapon
on school grounds, in A school vehicles VEHICLE, or at A school activities
ACTIVITY or sanctioned events EVENT without the authorization of the
school or the school district;
(B) Use or possession of alcohol on school grounds, in A school
vehicles VEHICLE, or at A school activities ACTIVITY or sanctioned events
EVENT;
(C) Use, possession, or sale of a drug or controlled substance on
school grounds, in A school vehicles VEHICLE, or at A school activities
ACTIVITY or sanctioned events EVENT;
(D) Use or possession of A tobacco products PRODUCT on school
grounds, in A school vehicles VEHICLE, or at A school activities ACTIVITY
or sanctioned events EVENT
(E) Being willfully disobedient or openly and persistently defiant
or repeatedly interfering with the school's ability to provide educational
opportunities to, and a safe environment for, other students;
(F) Commission of an act on school grounds, IN A SCHOOL
VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT that, if
committed by an adult, would be considered first degree assault, as
described in section 18-3-202, C.R.S., second degree assault, as described
in section 18-3-203, C.R.S., or vehicular assault, as described in section
18-3-205, C.R.S.;
(G) Behavior on school property GROUNDS, IN A SCHOOL VEHICLE,
OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT that is detrimental to
the welfare or safety of other students or of school personnel, including
but not limited to incidents of bullying as described by subparagraph (X)
of paragraph (a) of this subsection (2), and other behavior that creates a
threat of physical harm to the student or to other students;
(H) Willful destruction or defacement of school property;
(I) Commission of an act on school grounds, IN A SCHOOL
VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT that, if
committed by an adult, would be considered third degree assault, as
described in section 18-3-204, C.R.S., or disorderly conduct, as described
in section 18-9-106 (1) (d), C.R.S., but not disorderly conduct involving
firearms or other deadly weapons, as described in section 18-9-106 (1) (e)
and (1) (f), C.R.S.;
(J) Commission of an act on school grounds IN A SCHOOL
VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT that, if
committed by an adult, would be considered robbery; and
(K) Other violations of the code of conduct and discipline that
resulted in documentation of the conduct in a student's record;
(V) For purposes of subparagraph (IV) of this paragraph (b),
"action taken" means the specific type of discipline, including but not
limited to the following categories of discipline:
(A) In-school suspension;
(B) Out-of-school suspension;
(C) Classroom removal in accordance with board policy;
(D) Expulsion;
(E) Referral to a law enforcement agency; or
(F) Any other form of discipline, which shall be officially
identified as part of a board policy;
(VI) The conduct and discipline code violations required to be
reported pursuant to subparagraph (IV) of this paragraph (b) shall
specifically identify each conduct and discipline code violation by a
student with a disability and each action taken with respect to each
violation by a student with a disability;
(VII) The average class size for each public elementary school,
middle school or junior high school, and senior high school in the state
calculated as the total number of students enrolled in the school divided
by the number of full-time teachers in the school; For purposes of this
subparagraph (VII), "full-time teacher" means a person who is licensed
pursuant to article 60.5 of this title or is authorized pursuant to section
22-60.5-111 to teach, and is primarily engaged in teaching during a
substantial majority of the instructional minutes per school day. AND
(VIII) On and after August 8, 2001, The school's policy
concerning bullying prevention and education, including information
related to the development and implementation of any bullying prevention
programs.
SECTION 3. In Colorado Revised Statutes, add 22-32-145 as
follows:
22-32-145. School use of on-site peace officers as school
resource officers - notifications of arrests and notices issued -
reporting requirements. (1) IF A SCHOOL RESOURCE OFFICER OR OTHER
LAW ENFORCEMENT OFFICER ACTING IN HIS OR HER OFFICIAL CAPACITY ON
SCHOOL GROUNDS, IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY OR
SANCTIONED EVENT ARRESTS A STUDENT OF THE SCHOOL, THE OFFICER
SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL OR HIS OR HER DESIGNEE OF
THE ARREST WITHIN TWENTY-FOUR HOURS AFTER THE ARREST.
(2) IF A SCHOOL RESOURCE OFFICER OR OTHER LAW ENFORCEMENT
OFFICER ACTING IN HIS OR HER OFFICIAL CAPACITY ON SCHOOL GROUNDS,
IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT
ISSUES A SUMMONS, TICKET, OR OTHER NOTICE REQUIRING THE
APPEARANCE OF A STUDENT OF THE SCHOOL IN COURT OR AT A POLICE
STATION FOR INVESTIGATION RELATING TO AN OFFENSE ALLEGEDLY
COMMITTED ON SCHOOL GROUNDS, IN A SCHOOL VEHICLE, OR AT A SCHOOL
ACTIVITY OR SANCTIONED EVENT, THE OFFICER SHALL NOTIFY THE
PRINCIPAL OF THE SCHOOL OR HIS OR HER DESIGNEE OF THE ISSUANCE OF
THE SUMMONS, TICKET, OR OTHER NOTICE WITHIN TEN DAYS AFTER THE
ISSUANCE OF THE SUMMONS, TICKET, OR OTHER NOTICE.
(3) A SCHOOL RESOURCE OFFICER SHALL BE FAMILIAR WITH THE
PROVISIONS OF THE CONDUCT AND DISCIPLINE CODE OF THE SCHOOL TO
WHICH HE OR SHE IS ASSIGNED.
(4) COMMENCING AUGUST 1, 2013, AND CONTINUING EACH
AUGUST 1 THEREAFTER, EACH LAW ENFORCEMENT AGENCY EMPLOYING
OR CONTRACTING WITH ANY LAW ENFORCEMENT OFFICER WHO IS ACTING
OR HAS ACTED IN HIS OR HER OFFICIAL CAPACITY ON SCHOOL GROUNDS, IN
A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT
SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE CREATED IN SECTION
24-33.5-502, C.R.S., IN AGGREGATE FORM WITHOUT PERSONAL
IDENTIFYING INFORMATION, DATA ABOUT THE CASES HANDLED BY THE
AGENCY ON SCHOOL GROUNDS, IN A SCHOOL VEHICLE, OR AT A SCHOOL
ACTIVITY OR SANCTIONED EVENT. EACH SUCH REPORT SHALL INCLUDE, AT
A MINIMUM, THE FOLLOWING INFORMATION RELATING TO THE PRECEDING
TWELVE MONTHS:
(a) THE NUMBER OF STUDENTS INVESTIGATED BY THE OFFICER FOR
DELINQUENT OFFENSES, INCLUDING THE NUMBER OF STUDENTS
INVESTIGATED FOR EACH TYPE OF DELINQUENT OFFENSE FOR WHICH THE
OFFICER INVESTIGATED AT LEAST ONE STUDENT;
(b) THE NUMBER OF STUDENTS ARRESTED BY THE OFFICER,
INCLUDING THE OFFENSE FOR WHICH EACH SUCH ARREST WAS MADE;
(c) THE NUMBER OF SUMMONSES OR TICKETS ISSUED BY THE
OFFICER TO STUDENTS; AND
(d) THE AGE, GENDER, SCHOOL, AND RACE OR ETHNICITY OF EACH
STUDENT WHOM THE OFFICER ARRESTED OR TO WHOM THE OFFICER ISSUED
A SUMMONS, TICKET, OR OTHER NOTICE REQUIRING THE APPEARANCE OF
THE STUDENT IN COURT OR AT A POLICE STATION FOR INVESTIGATION
RELATING TO AN OFFENSE ALLEGEDLY COMMITTED ON SCHOOL GROUNDS,
IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT.
(5) UPON THE REQUEST OF A LOCAL BOARD OF EDUCATION, THE
DIVISION OF CRIMINAL JUSTICE SHALL MAKE AVAILABLE TO THE LOCAL
BOARD THE INFORMATION DESCRIBED IN SUBSECTION (4) OF THIS SECTION
THAT RELATES TO THE SCHOOL DISTRICT OF THE LOCAL BOARD.
SECTION 4. In Colorado Revised Statutes, amend 22-33-102 as
follows:
22-33-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) "Academic year" means that portion of the school year during
which the public schools are in regular session, beginning about the first
week in September and ending about the first week in June of the next
year, or that portion of the school year which constitutes the minimum
period during which a pupil must be enrolled.
(2) "Adult" means a person who has reached the age of
twenty-one years.
(3) "Board of education" means the school board, board of
directors, and board of education of a school district.
(4) "DANGEROUS WEAPON" MEANS:
(a) A FIREARM, AS DEFINED IN SECTION 18-1-901 (3) (h), C.R.S.;
(b) ANY PELLET GUN, BB GUN, OR OTHER DEVICE, WHETHER
OPERATIONAL OR NOT, DESIGNED TO PROPEL PROJECTILES BY SPRING
ACTION OR COMPRESSED AIR;
(c) A FIXED-BLADE KNIFE WITH A BLADE THAT EXCEEDS THREE
INCHES IN LENGTH
(d) A SPRING-LOADED KNIFE OR A POCKET KNIFE WITH A BLADE
EXCEEDING THREE AND ONE-HALF INCHES IN LENGTH; OR
(e) ANY OBJECT, DEVICE, INSTRUMENT, MATERIAL, OR SUBSTANCE,
WHETHER ANIMATE OR INANIMATE, THAT IS USED OR INTENDED TO BE
USED TO INFLICT DEATH OR SERIOUS BODILY INJURY.
(5) "DELINQUENT ACT" HAS THE SAME MEANING AS SET FORTH IN
SECTION 19-1-103 (36), C.R.S.
(4) (6) "Executive officer" means the superintendent of schools or
that THE head administrative officer designated by the A board of
education to execute its policy decisions.
(4.5) (7) "General educational development tests" or "GED"
means the battery of tests given at an authorized testing center, which
tests are designed and published by the GED testing service of the
American council on education to measure the major outcomes and
concepts generally associated with four years of high school education.
Each GED testing center must have a current contract with the American
council on education and be authorized by the commissioner of education.
(8) "HABITUALLY DISRUPTIVE STUDENT" HAS THE SAME MEANING
AS SET FORTH IN SECTION 22-33-106 (1) (c.5).
(4.7) (9) "Informal hearing" means an opportunity for a child to
explain his or her position regarding a disruption in the classroom or an
incident constituting THAT OCCURRED ON SCHOOL GROUNDS, IN A SCHOOL
VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT AND THAT
CONSTITUTED grounds for discipline.
(5) (10) "Parent" means the mother or father of a child or any
other person having custody of a child.
(11) "SCHOOL VEHICLE" HAS THE SAME MEANING AS SET FORTH IN
SECTION 42-1-102 (88.5), C.R.S.
(6) (12) "State board" means the state board of education.
SECTION 5. In Colorado Revised Statutes, 22-33-105, amend
(2) (c),(3) (d) (III), and (6) as follows:
22-33-105. Suspension, expulsion, and denial of admission.
(2) In addition to the powers provided in section 22-32-110, the board of
education of each district may:
(c) Deny admission to, or expel for any period not extending
beyond one year, any child whom the board of education, in accordance
with the limitations imposed by this article, shall determine does not
qualify for admission to, or continued attendance at, the public schools of
the district. A board of education may delegate such powers to its
executive officer or to a designee who shall serve as a hearing officer. If
the hearing is conducted by a designee acting as a hearing officer, the
hearing officer shall forward findings of fact and recommendations to the
executive officer at the conclusion of the hearing. The executive officer
shall render a written opinion within five days after a hearing conducted
by the executive officer or by a hearing officer. The executive officer
shall report on each case acted upon at the next meeting of the board of
education, briefly describing the circumstances and the reasons for the
executive officer's action. When delegated, an appeal may be taken from
IF THE HEARING CONCERNS THE POTENTIAL EXPULSION OR DENIAL OF
ADMISSION OF A CHILD WHO COMMITTED AN ALLEGED CRIMINAL OFFENSE
AGAINST A PERSON, AS DESCRIBED BY ANY PROVISION OF ARTICLE 3 OF
TITLE 18, C.R.S., THEN THE BOARD OF EDUCATION OR HEARING OFFICER
CONDUCTING THE HEARING SHALL ENSURE THAT THE PERSON AGAINST
WHOM THE ALLEGED OFFENSE WAS COMMITTED HAS THE OPPORTUNITY TO
SUBMIT A WRITTEN VICTIM IMPACT STATEMENT FOR THE CONSIDERATION
OF THE BOARD OF EDUCATION OR HEARING OFFICER PRIOR TO THE
HEARING. A CHILD WHO IS DENIED ADMISSION OR EXPELLED AS AN
OUTCOME OF THE HEARING SHALL HAVE TEN DAYS AFTER THE DENIAL OF
ADMISSION OR EXPULSION TO APPEAL the decision of the executive officer
to the board of education, AFTER WHICH TIME THE DECISION TO GRANT OR
DENY THE APPEAL SHALL BE AT THE DISCRETION OF THE BOARD OF
EDUCATION. The appeal shall consist of a review of the facts that were
presented and that were determined at the hearing conducted by the
executive officer or by a designee acting as a hearing officer, arguments
relating to the decision, and questions of clarification from the board of
education. No board of education shall deny admission to, or expel, any
child without a hearing, if one is requested by the parent, guardian, or
legal custodian of the child, at which evidence may be presented in the
child's behalf. If the child is denied admission or expelled, the child shall
be entitled to a review of the decision of the board of education in
accordance with section 22-33-108.
(3) (d) The suspending authority shall:
(III) Provide an opportunity for a pupil to make up school work
during the period of suspension FOR FULL OR PARTIAL ACADEMIC CREDIT
TO THE EXTENT POSSIBLE. The intent of this provision is to provide an
opportunity for the pupil to reintegrate into the educational program of
the district AND TO HELP PREVENT THE PUPIL FROM DROPPING OUT OF
SCHOOL BECAUSE OF AN INABILITY TO REINTEGRATE INTO THE
EDUCATIONAL PROGRAM following the period of suspension. which The
school district should take THIS INTENT into consideration when
determining the amount of credit a student will receive for this makeup
work.
(6) When a pupil is expelled by a school district, for the remainder
of the school year, the PUPIL'S parent, guardian, or legal custodian is
responsible for seeing that the compulsory school attendance statute is
complied with PUPIL COMPLIES WITH THE PROVISIONS OF THIS ARTICLE
during the period of expulsion. from such school district.
SECTION 6. In Colorado Revised Statutes, 22-33-106, amend
(1) introductory portion, (1) (c.5) (I), (1) (c.5) (II), (1) (c.5) (III), (1) (d),
(2) introductory portion, (3) introductory portion, (4) (a), and (4) (b) (I);
and add (1) (g) and (1.5) as follows:
22-33-106. Grounds for suspension, expulsion, and denial of
admission. (1) The following shall MAY be grounds for suspension or
expulsion of a child from a public school during a school year:
(c.5) (I) Declaration as an A habitually disruptive student. pursuant
to the provisions of this paragraph (c.5).
(II) For purposes of this paragraph (c.5), "habitually disruptive
student" means a child who has been suspended pursuant to paragraph
(a), (b), (c), or (d) of this subsection (1) three times during the course of
the school year for causing CAUSED a material and substantial disruption
in the classroom, on school grounds, on IN a school vehicle, as defined in
section 42-1-102 (88.5), C.R.S., or at A school activities ACTIVITY or
events because of behavior that was initiated, willful, and overt on the
part of the child SANCTIONED EVENT THREE OR MORE TIMES DURING THE
COURSE OF A SCHOOL YEAR. Any student who is enrolled in a public
school may be subject to being declared an A habitually disruptive
student.
(III) The student and the parent, legal guardian, or legal custodian
shall have been notified in writing of each suspension DISRUPTION
counted toward declaring the student as habitually disruptive pursuant to
this paragraph (c.5) and the student and parent, legal guardian, or legal
custodian shall have been notified in writing and by telephone or other
means at the home or the place of employment of the parent or legal
guardian of the definition of "habitually disruptive student".
(d) (I) Serious violations in a school building or in or on school
property, which suspension or expulsion shall be mandatory; except that
expulsion shall be mandatory for the following violations: Carrying,
bringing, using, or possessing a dangerous weapon without the
authorization of the school or the school district; the sale of a drug or
controlled substance as defined in section 12-22-303, C.R.S.; or the
commission of an act which if committed by an adult would be robbery
pursuant to part 3 of article 4 of title 18, C.R.S., or assault pursuant to
part 2 of article 3 of title 18, C.R.S., other than the commission of an act
that would be third degree assault under section 18-3-204, C.R.S., if
committed by an adult.
(II) As used in this paragraph (d), "dangerous weapon" means:
(A) A firearm, whether loaded or unloaded;
(B) Any pellet or BB gun or other device, whether operational or
not, designed to propel projectiles by spring action or compressed air;
(C) A fixed blade knife with a blade that measures longer than
three inches in length or a spring loaded knife or a pocket knife with a
blade longer than three and one-half inches; or
(D) Any object, device, instrument, material, or substance,
whether animate or inanimate, used or intended to be used to inflict death
or serious bodily injury.
(III) Notwithstanding the provisions of subparagraph (I) of this
paragraph (d), carrying, bringing, or possessing a dangerous weapon
without the authorization of the school or the school district shall not
require mandatory expulsion if, when the student discovers that he or she
has carried, brought, or is in possession of a dangerous weapon, the
student notifies a teacher, administrator, or other authorized person in the
school district as soon as possible and delivers the dangerous weapon to
the teacher, administrator, or other authorized person. Nothing in this
subparagraph (III) shall be construed as prohibiting a school district from
expelling a student under the circumstances specified in this subparagraph
(III) if such expulsion would be in accordance with the school district's
discipline code. COMMITTING ONE OF THE FOLLOWING OFFENSES ON
SCHOOL GROUNDS, IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY OR
SANCTIONED EVENT:
(I) POSSESSION OF A DANGEROUS WEAPON WITHOUT THE
AUTHORIZATION OF THE SCHOOL OR THE SCHOOL DISTRICT;
(II) THE USE, POSSESSION, OR SALE OF A DRUG OR CONTROLLED
SUBSTANCE AS DEFINED IN SECTION 12-22-303, C.R.S.; OR
(III) THE COMMISSION OF AN ACT THAT, IF COMMITTED BY AN
ADULT, WOULD BE ROBBERY PURSUANT TO PART 3 OF ARTICLE 4 OF TITLE
18, C.R.S., OR ASSAULT PURSUANT TO PART 2 OF ARTICLE 3 OF TITLE 18,
C.R.S., OTHER THAN THE COMMISSION OF AN ACT THAT WOULD BE THIRD
DEGREE ASSAULT UNDER SECTION 18-3-204, C.R.S., IF COMMITTED BY AN
ADULT.
(g) PURSUANT TO SECTION 22-12-105 (3), MAKING A FALSE
ACCUSATION OF CRIMINAL ACTIVITY AGAINST AN EMPLOYEE OF AN
EDUCATIONAL ENTITY TO LAW ENFORCEMENT AUTHORITIES OR SCHOOL
DISTRICT OFFICIALS OR PERSONNEL.
(1.5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN
ACCORDANCE WITH THE PROVISIONS OF 20 U.S.C. SEC. 7151, A STUDENT
WHO IS DETERMINED TO HAVE BROUGHT A FIREARM TO A SCHOOL, OR TO
HAVE POSSESSED A FIREARM AT A SCHOOL, SHALL BE EXPELLED FOR A
PERIOD OF NOT LESS THAN ONE YEAR; EXCEPT THAT THE SUPERINTENDENT
OF THE STUDENT'S SCHOOL DISTRICT MAY MODIFY THIS REQUIREMENT FOR
A STUDENT ON A CASE-BY-CASE BASIS IF SUCH MODIFICATION IS IN
WRITING
(2) Subject to the district's responsibilities under article 20 of this
title, the following shall MAY be grounds for expulsion from or denial of
admission to a public school, or diversion to an appropriate alternate
program:
(3) The following shall MAY constitute additional grounds for
denial of admission to a public school:
(4) (a) Except as provided in paragraph (b) of this subsection (4),
a school district shall prohibit any student who is expelled from a public
school of the school district pursuant to paragraph (c) or (d) of subsection
(1) of this section OR PURSUANT TO SUBSECTION (1.5) OF THIS SECTION
from enrolling or reenrolling in the same school in which the victim of
the offense or member of a victim's immediate family is enrolled or
employed. If the school district has no actual knowledge of the name of
the victim of the offense for which the student was expelled, the
provisions of this subsection (4) shall be implemented only upon request
of the victim or a member of the victim's immediate family.
(b) In any school district that has only one school in which the
expelled student can enroll, the school district shall either:
(I) Prohibit the student expelled from the school district pursuant
to paragraph (c) or (d) of subsection (1) of this section OR PURSUANT TO
SUBSECTION (1.5) OF THIS SECTION from enrolling or reenrolling in the
same school in which the victim of the offense or member of a victim's
immediate family is enrolled or employed; or
SECTION 7. In Colorado Revised Statutes, 22-11-302, amend
(1) (e); and add (1) (f) as follows:
22-11-302. School district accountability committees - powers
and duties. (1) Each school district accountability committee shall have
the following powers and duties:
(e) TO CONSIDER INPUT AND RECOMMENDATIONS FROM the school
accountability committee for the principal's OF EACH school shall provide
input and recommendations to the district accountability committee and
the district administration concerning the principal's evaluation OF THE
SCHOOL DISTRICT TO FACILITATE THE EVALUATION OF THE PERFORMANCE
OF THE SCHOOL'S PRINCIPAL FOR THE PURPOSES OF ARTICLE 9 OF THIS
TITLE; AND
(f) TO PROVIDE INPUT TO THE LOCAL SCHOOL BOARD CONCERNING
THE CREATION AND ENFORCEMENT OF ITS SCHOOL CONDUCT AND
DISCIPLINE CODE.
SECTION 8. In Colorado Revised Statutes, 22-11-503, amend
(3) (c) as follows:
22-11-503. Performance reports - contents - rules. (3) In
addition to any information specified by rule of the state board, each
school performance report shall include the following information
concerning the operations and environment of the public school that is the
subject of the report:
(c) As described in state board rule, the occurrence of each of the
following types of incidents DESCRIBED IN SECTION 22-32-109.1 (2) (b)
(IV), expressed as a number and as a percentage of the total occurrences
of all of the incidents;
(I) Substance abuse - drugs;
(II) Substance abuse - alcohol;
(III) Substance abuse - tobacco;
(IV) Felony assaults;
(V) Fights;
(VI) Possession of dangerous weapons; and
(VII) Other violations of the code of conduct at the public school;
SECTION 9. In Colorado Revised Statutes, 22-37-103, amend
(3) as follows:
22-37-103. Definitions. As used in this article, unless the context
otherwise requires:
(3) "In-school suspension" means a suspension pursuant to section
22-33-105 in PERIOD OF TIME DURING which, PURSUANT TO SECTION
22-33-105, the student is suspended PROHIBITED from participation
PARTICIPATING in regular school activities but remains in the school
environment and receives continuous CONTINUES TO RECEIVE educational
instruction, supervision, and discipline.
SECTION 10. In Colorado Revised Statutes, add 20-1-113 as
follows:
20-1-113. Reporting of criminal proceedings involving public
school students. (1) ON OR BEFORE AUGUST 1, 2013, AND ON OR BEFORE
EACH AUGUST 1 THEREAFTER, THE DISTRICT ATTORNEY OF EACH JUDICIAL
DISTRICT, OR HIS OR HER DESIGNEE, SHALL REPORT TO THE DIVISION OF
CRIMINAL JUSTICE CREATED IN SECTION 24-33.5-502, C.R.S., THE
FOLLOWING INFORMATION ABOUT OFFENSES ALLEGED TO HAVE BEEN
COMMITTED BY A STUDENT THAT HAVE OCCURRED ON SCHOOL GROUNDS,
IN A SCHOOL VEHICLE, OR AT A SCHOOL ACTIVITY OR SANCTIONED EVENT
WITHIN THE JUDICIAL DISTRICT DURING THE PRECEDING TWELVE MONTHS:
(a) THE NUMBER OF OFFENSES FILED IN COURT, INCLUDING THE
TOTAL NUMBER OF EACH TYPE OF SUCH OFFENSES;
(b) THE NUMBER OF OFFENSES THAT WERE REFERRED TO THE
DISTRICT ATTORNEY BY A LAW ENFORCEMENT AGENCY AND WERE NOT
FILED IN COURT, INCLUDING THE TOTAL NUMBER OF EACH TYPE OF SUCH
OFFENSES;
(c) THE NUMBER OF OFFENSES FOR WHICH THE DISTRICT ATTORNEY
REFERRED AN OFFENDER TO A JUVENILE DIVERSION PROGRAM OR OTHER
ALTERNATIVE PROGRAM, INCLUDING THE TOTAL NUMBER OF EACH TYPE
OF SUCH OFFENSES; AND
(d) THE AGE, GENDER, SCHOOL, AND RACE OR ETHNICITY OF EACH
STUDENT THAT THE DISTRICT ATTORNEY PROSECUTED, DECLINED TO
PROSECUTE, OR REFERRED TO A JUVENILE DIVERSION PROGRAM OR OTHER
ALTERNATIVE PROGRAM.
SECTION 11. In Colorado Revised Statutes, 24-31-303, amend
(1) (i); and add (1) (j) as follows:
24-31-303. Duties - powers of the P.O.S.T. board. (1) The
P.O.S.T. board has the following duties:
(i) To promulgate rules and regulations that establish the criteria
that shall be applied in determining whether to recommend peace officer
status for a group or specific position as provided in section 16-2.5-201
(4), C.R.S.; AND
(j) TO ESTABLISH STANDARDS FOR TRAINING OF SCHOOL RESOURCE
OFFICERS, AS DESCRIBED IN SECTION 24-31-312.
SECTION 12. In Colorado Revised Statutes, add 24-31-312 as
follows:
24-31-312. School resource officer training. (1) ON OR BEFORE
JANUARY 1, 2014, THE P.O.S.T. BOARD SHALL PROVIDE A TRAINING
CURRICULUM TO PREPARE PEACE OFFICERS TO SERVE IN AN OFFICIAL
CAPACITY AS SCHOOL RESOURCE OFFICERS IN PUBLIC SCHOOLS PURSUANT
TO SECTION 22-32-145, C.R.S. IN PROVIDING THE TRAINING CURRICULUM,
THE P.O.S.T. BOARD MAY UTILIZE PART OR ALL OF ANY EXISTING
TRAINING CURRICULUM PROVIDED BY ONE OR MORE PUBLIC OR PRIVATE
ENTITIES THAT TRAIN SCHOOL RESOURCE OFFICERS.
(2) IN PROVIDING THE TRAINING CURRICULUM DESCRIBED IN
SUBSECTION (1) OF THIS SECTION, THE P.O.S.T. BOARD SHALL SOLICIT
AND, TO THE EXTENT PRACTICABLE, IMPLEMENT THE SUGGESTIONS OF
RELEVANT STAKEHOLDERS AND ADVOCATES.
(3) (a) IN ASSIGNING PEACE OFFICERS TO SERVE AS SCHOOL
RESOURCE OFFICERS PURSUANT TO SECTION 22-32-145, C.R.S., EACH LAW
ENFORCEMENT AGENCY IS ENCOURAGED TO ENSURE THAT SUCH PEACE
OFFICERS HAVE SUCCESSFULLY COMPLETED THE SCHOOL RESOURCE
OFFICER TRAINING CURRICULUM DESCRIBED IN SUBSECTION (1) OF THIS
SECTION, OR WILL COMPLETE SAID TRAINING WITHIN SIX MONTHS AFTER
BEGINNING THE ASSIGNMENT
(b) ON AND AFTER JANUARY 1, 2015, EACH COUNTY SHERIFF AND
EACH MUNICIPAL LAW ENFORCEMENT AGENCY OF THE STATE SHALL
EMPLOY AT LEAST ONE PEACE OFFICER WHO HAS SUCCESSFULLY
COMPLETED THE TRAINING CURRICULUM DESCRIBED IN SUBSECTION (1) OF
THIS SECTION.
(4) FOR THE PURPOSES OF SECTION 22-32-145, C.R.S., THE
TRAINING CURRICULUM PROVIDED PURSUANT TO SUBSECTION (1) OF THIS
SECTION SHALL INCLUDE A MEANS OF RECOGNIZING AND IDENTIFYING
PEACE OFFICERS WHO SUCCESSFULLY COMPLETE THE TRAINING
CURRICULUM
(5) IN PROVIDING THE TRAINING CURRICULUM DESCRIBED IN
SUBSECTION (1) OF THIS SECTION, THE P.O.S.T. BOARD MAY INCLUDE
PROVISIONS TO ALLOW FOR THE AWARDING OF CREDIT TO A PEACE OFFICER
WHO HAS SUCCESSFULLY COMPLETED A SCHOOL RESOURCE OFFICER
CERTIFICATION CURRICULUM OFFERED BY ONE OR MORE PUBLIC OR
PRIVATE ENTITIES, WHICH ENTITIES SHALL BE IDENTIFIED BY THE P.O.S.T.
BOARD.
(6) THE P.O.S.T. BOARD MAY CHARGE A FEE TO EACH PEACE
OFFICER WHO ENROLLS IN THE TRAINING CURRICULUM DESCRIBED IN
SUBSECTION (1) OF THIS SECTION. THE AMOUNT OF THE FEE SHALL NOT
EXCEED THE DIRECT AND INDIRECT COSTS INCURRED BY THE P.O.S.T.
BOARD IN PROVIDING THE CURRICULUM.
SECTION 13. In Colorado Revised Statutes, 24-33.5-503,
amend (1) (y) and (1) (z); and add (1) (aa) as follows:
24-33.5-503. Duties of division. (1) The division has the
following duties:
(y) To develop, in cooperation with the department of corrections
and the state board of parole, a parole board action form; and
(z) To provide training on the Colorado risk assessment scale and
the administrative release guideline instrument as required by section
17-22.5-404 (2) (c), C.R.S.; AND
(aa) TO RECEIVE THE INFORMATION REPORTED TO THE DIVISION BY
SCHOOL RESOURCE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS
PURSUANT TO SECTION 22-32-145, C.R.S., AND BY DISTRICT ATTORNEYS
PURSUANT TO SECTION 20-1-113, C.R.S., AND PROVIDE THE INFORMATION
TO THE COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
CREATED IN SECTION 16-11.3-102, C.R.S., AND TO ANY MEMBER OF THE
PUBLIC UPON REQUEST, IN A MANNER THAT DOES NOT INCLUDE ANY
IDENTIFYING INFORMATION REGARDING ANY STUDENT.
SECTION 14. In Colorado Revised Statutes, 22-2-117, amend
(1.5) as follows:
22-2-117. Additional power - state board - waiver of
requirements - rules. (1.5) Notwithstanding any provision of this
section or any other provision of law, the state board shall not waive
requirements contained in article 11 of this title or sections 22-7-409,
22-32-105, 22-32-109 (1) (bb) (I) and (2), 22-32-109.1 (2) (a), and
22-33-104 (4) SECTIONS 22-7-409, 22-32-105, 22-32-109 (1) (bb) (I) AND
(2), 22-32-109.1 (2) (a), 22-32-145, AND 22-33-104 (4).
SECTION 15. In Colorado Revised Statutes, 22-30.5-116,
amend (2) as follows:
22-30.5-116. Charter schools - school bullying policies
required. (2) For the purposes of this section, "bullying" shall have the
same meaning as set forth in section 22-32-109.1 (2) (a) (X) (B) SECTION
22-32-109.1 (1) (b).
SECTION 16. In Colorado Revised Statutes, 22-30.5-502,
amend (2.5) as follows:
22-30.5-502. Definitions. As used in this part 5, unless the
context otherwise requires:
(2.5) "Bullying" shall have the same meaning as set forth in
section 22-32-109.1 (2) (a) (X) (B) SECTION 22-32-109.1 (1) (b).
SECTION 17. In Colorado Revised Statutes, 18-1.3-204, amend
(2.3) (a) as follows:
18-1.3-204. Conditions of probation. (2.3) (a) When granting
probation, the court may, as a condition of probation, require any
defendant who is less than eighteen years of age at the time of sentencing
to attend school or an educational program or to work toward the
attainment of a high school diploma or a GED, as that term is defined in
section 22-33-102 (4.5) (7), C.R.S.; except that the court shall not require
any such juvenile to attend a school from which he or she has been
expelled without the prior approval of that school's local board of
education.
SECTION 18. In Colorado Revised Statutes, amend 19-2-207 as
follows:
19-2-207. Juvenile parole board - authority. The board shall
have the authority to grant, deny, defer, suspend, revoke, or specify or
modify the conditions of any parole for any juvenile committed to the
department of human services under section 19-2-601 or 19-2-907 in such
a manner as is in the best interests of the juvenile and the public. In
addition to any other conditions, the board may require, as a condition of
parole, any adjudicated juvenile to attend school or an educational
program or to work toward the attainment of a high school diploma or a
GED, as that term is defined in section 22-33-102 (4.5) (7), C.R.S.;
except that the board shall not require any such juvenile to attend a school
from which he or she has been expelled without the prior approval of that
school's local board of education. The board shall promulgate rules that
establish criteria under which its parole decisions are made. The board
shall have the duties and responsibilities specified in part 10 of this
article.
SECTION 19. In Colorado Revised Statutes, 19-2-1002, amend
(1) (a), (3) (b) (I), and (9) (c) (I) as follows:
19-2-1002. Juvenile parole. (1) Juvenile parole board -
hearing panels authority. (a) The juvenile parole board, referred to in
this part 10 as the "board", established pursuant to section 19-2-206 is
authorized to grant, deny, defer, suspend, revoke, or specify or modify the
conditions of any parole for any juvenile committed to the department of
human services as provided in sections 19-2-601 and 19-2-907. In
addition to any other conditions, the board may require, as a condition of
parole, any adjudicated juvenile to attend school or an educational
program or to work toward the attainment of a high school diploma or a
GED, as that term is defined in section 22-33-102 (4.5) (7), C.R.S.;
except that the board shall not require any such juvenile to attend a school
from which he or she has been expelled without the prior approval of that
school's local board of education. The board may modify any of its
decisions, or those of the hearing panel, except an order of discharge.
(3) (b) (I) In addition to any other conditions, the hearing panel
may require, as a condition of parole, any adjudicated juvenile to attend
school or an educational program or to work toward the attainment of a
high school diploma or a GED, as that term is defined in section
22-33-102 (4.5) (7), C.R.S.; except that the hearing panel shall not require
any such juvenile to attend a school from which he or she has been
expelled without the prior approval of that school's local board of
education.
(9) Parole discharge. (c) The board may discharge a juvenile
from parole before completion of the mandatory six-month parole period
when the board finds that the juvenile meets, at a minimum, all of the
following conditions of special achievement:
(I) Graduation from a public or accredited nonpublic high school
or completion of a GED, as that term is defined in section 22-33-102 (4.5)
(7), C.R.S.;
SECTION 20. In Colorado Revised Statutes, amend 25-9-106.5
as follows:
25-9-106.5. Education and experience - substitution allowed.
Water and wastewater facility operator applicants must have a high
school diploma or have successfully completed the GED as defined in
section 22-33-102 (4.5) (7), C.R.S.; except that experience or relevant
training may be substituted for the high school diploma or GED.
Education, training as established under section 25-9-104 (2), and
cross-experience may be substituted for experience requirements for
certification as a water facility operator, as a water distribution system
operator, as a domestic wastewater facility operator, as a wastewater
collection system operator, as an industrial wastewater treatment facility
operator, or as a multiple facility operator; except that at least fifty
percent of any experience requirement shall be met by actual on-site
operating experience in a water facility or a wastewater facility, as the
case may be. For the lowest classification of operator in each category,
the board may establish rules allowing complete substitution of education
for experience for any applicant who passes the applicable examination.
For purposes of this section, "cross-experience" means that experience as
a wastewater treatment facility operator may be substituted for experience
requirements for certification as water treatment facility operator and vice
versa.
SECTION 21. In Colorado Revised Statutes, 22-33-203, amend
(2) (b) and (3) as follows:
22-33-203. Educational alternatives for expelled students.
(2) (b) The educational services provided pursuant to this section are
designed to provide a second chance for the student to succeed in
achieving an education. While receiving educational services, a student
may be suspended or expelled pursuant to the CONDUCT AND discipline
code of the school district providing the educational services and the
provisions of part 1 of this article. Except as required by federal law, the
expelling school district is not required to provide educational services to
any student who is suspended or expelled while receiving educational
services pursuant to this section until the period of the suspension or
expulsion is completed.
(3) If a student is expelled for the remainder of the school year
and the student is not receiving educational services pursuant to this
section, the school district shall contact the expelled student's parent or
guardian at least once every sixty days until the beginning of the next
school year to determine whether the student is receiving educational
services from some other source; except that the school district need not
contact a student's parent or guardian after the student is enrolled in
another school district or in an independent or parochial school or if the
student is committed to the department of human services or is sentenced
pursuant to article 2 of title 19, C.R.S.
SECTION 22. In Colorado Revised Statutes, 22-30.5-505,
amend (9) as follows:
22-30.5-505. State charter school institute - institute board -
appointment - powers and duties - rules. (9) The institute shall ensure
that each institute charter school addresses the expulsion, suspension, and
education of expelled or suspended students in a manner consistent with
the intents and purposes of sections 22-33-106 and 22-33-203 SECTIONS
22-33-105, 22-33-106, AND 22-33-203.
SECTION 23. In Colorado Revised Statutes, 22-38-103, amend
(2) as follows:
22-38-103. Definitions. As used in this article, unless the context
otherwise requires:
(2) "Expelled student" means a student who is in the sixth,
seventh, eighth, or ninth grade, who is under seventeen years of age, and
who has been expelled from school pursuant to section 22-33-105. for a
period in excess of thirty days.
SECTION 24. In Colorado Revised Statutes, 22-93-101, amend
(1) as follows:
22-93-101. Definitions. As used in this article, unless the context
otherwise requires:
(1) "Bullying" shall have the same meaning as set forth in section
22-32-109.1 (2) (a) (X) (B) SECTION 22-32-109.1 (1) (b).
SECTION 25. In Colorado Revised Statutes, 2-2-1201, add (8)
as follows:
2-2-1201. Accountability clauses - post-enactment review of
implementation of bills by legislative service agencies - definitions -
repeal. (8) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, IN CONDUCTING THE POST-ENACTMENT REVIEW OF SENATE BILL
12-046, ENACTED IN 2012, THE LEGISLATIVE SERVICE AGENCIES SHALL
NOT BE SUBJECT TO:
(I) THE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION; OR
(II) THE REQUIREMENT IN SUBSECTION (3) OF THIS SECTION THAT
THE LEGISLATIVE SERVICE AGENCIES COMPLETE THE POST-ENACTMENT
REVIEW NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
TWO-YEAR OR FIVE-YEAR ANNIVERSARY, AS APPLICABLE, OF THE
ENACTMENT OF SENATE BILL 12-046.
(b) IN CONDUCTING THE POST-ENACTMENT REVIEW OF SENATE
BILL 12-046, THE LEGISLATIVE SERVICE AGENCIES SHALL SUBMIT TO THE
MEMBERS OF THE EDUCATION COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND SENATE, OR ANY SUCCESSOR COMMITTEES, ANY
INFORMATION REPORTED TO THE DIVISION OF CRIMINAL JUSTICE BY
SCHOOL RESOURCE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS
PURSUANT TO SECTION 22-32-145, C.R.S., AND BY DISTRICT ATTORNEYS
PURSUANT TO SECTION 20-1-113, C.R.S. THE COMMITTEE MEMBERS ARE
ENCOURAGED TO CONSIDER WHETHER TO:
(I) CONTINUE TO REQUIRE SCHOOL RESOURCE OFFICERS AND
OTHER LAW ENFORCEMENT OFFICERS AND DISTRICT ATTORNEYS TO
REPORT SUCH INFORMATION TO THE DIVISION OF CRIMINAL JUSTICE; OR
(II) INTRODUCE LEGISLATION TO REPEAL SUCH REPORTING
REQUIREMENTS.
(c) THE LEGISLATIVE SERVICE AGENCIES SHALL COMPLETE THE
POST-ENACTMENT REVIEW OF SENATE BILL 12-046 NO LATER THAN ONE
HUNDRED EIGHTY DAYS AFTER THE FOUR-YEAR ANNIVERSARY OF THE
ENACTMENT OF THE BILL
(d) THIS SUBSECTION (8) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2016.
SECTION 26. Accountability. Four years after this act becomes
law and in accordance with section 2-2-1201, Colorado Revised Statutes,
the legislative service agencies of the Colorado General Assembly shall
conduct a post-enactment review of the implementation of this act
utilizing the information contained in the legislative declaration set forth
in section 1 of this act, and report their conclusions to the education
committees of the House of Representatives and Senate, or any successor
committees.
SECTION 27. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
7, 2012, if adjournment sine die is on May 9, 2012); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the
state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2012 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.".

Page 1, line 101, strike "SCHOOLS." and substitute "SCHOOLS, AND IN
CONNECTION THEREWITH, REQUIRING A POST-ENACTMENT REVIEW OF
THE IMPLEMENTATION OF THIS ACT.".


Health &
Human
Services

Senate Journal, April 24
After consideration on the merits, the Committee recommends that SB12-046 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Senate Education Committee Report, dated March 1, 2012,
page 8, line 7, strike "AND".

Page 8, line 10, strike "22-20-103 (5)." and substitute "22-20-103 (5);
AND".

Page 8, after line 10 insert:
"(D) ENSURE THAT, IN IMPLEMENTING THE CODE, EACH SCHOOL OF
THE SCHOOL DISTRICT SHOWS DUE CONSIDERATION OF THE IMPACT OF
CERTAIN VIOLATIONS OF THE CODE UPON VICTIMS OF SUCH VIOLATIONS, IN
ACCORDANCE WITH THE PROVISIONS OF TITLE IX OF THE UNITED STATES
CODE AND OTHER STATE AND FEDERAL LAWS.".

Page 11, strike lines 27 through 30.

Page 13, strike lines 18 through 25.

Page 13, line 26, strike "HEARING.".

Page 18, line 13, after "C.R.S.," insert "IN AGGREGATE FORM WITHOUT
PERSONAL IDENTIFYING INFORMATION,".

Page 19, strike lines 4 through 14 and substitute "JANUARY 1, 2014, THE
POST BOARD SHALL IDENTIFY A SCHOOL RESOURCE OFFICER TRAINING
CURRICULUM TO PREPARE PEACE OFFICERS.
(2) TO THE EXTENT PRACTICABLE, THE TRAINING CURRICULUM
DESCRIBED IN SUBSECTION (1) OF THIS SECTION SHALL INCORPORATE THE
SUGGESTIONS OF RELEVANT STAKEHOLDERS AND ADVOCATES.".

Page 20, strike line 13 and substitute "LAW ENFORCEMENT AGENCIES".

Page 20, line 15, strike "INFORMATION" and substitute "INFORMATION, AS
SUBMITTED TO THE DIVISION, TO ANY MEMBER OF THE".

Page 20, strike lines 16 and 17.

Page 20, line 19, after "STUDENT." add "IF THE DIVISION PROVIDES THE
INFORMATION TO A MEMBER OF THE PUBLIC UPON REQUEST PURSUANT TO
THIS PARAGRAPH (aa), THE DIVISION MAY CHARGE A FEE TO THE PERSON,
WHICH FEE SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS
INCURRED BY THE DIVISION IN PROVIDING THE INFORMATION.".

Page 24, after line 32 insert:

"SECTION 26. No appropriation. The general assembly has
determined that this act can be implemented within existing
appropriations, and therefore no separate appropriation of state moneys
is necessary to carry out the purposes of this act.".

Renumber succeeding sections accordingly.


Appro-
priations



SB12-047 Basic Skills Testing In High School 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: Educational Success Task Force. The general assembly recognizes the federal high school testing requirements; recognizes that most states have adopted the common core state standards in mathematics and English language arts; and states its intent and expectation that ACT, Inc., will reconfigure the ACT to align with the common core state standards and thereby enable the states to administer the ACT as the statewide high school assessment that meets the federal high school testing requirements. The bill clarifies that each public school, including each charter school, will assist each student and his or her parent in creating and maintaining an individual career and academic plan (ICAP) no later than ninth grade. The school will work with the student to use the ICAP to guide course selections and performance expectations with the goal of ensuring the student demonstrates postsecondary and workforce readiness upon graduation at a level that enables the student to progress toward his or her postsecondary goals, as identified in the ICAP, without needing remedial educational services. Starting in the 2012-13 school year, each public school, including each charter school, that includes grades 9 through 12 will administer to students in those grades the basic skills placement or assessments tests (basic skills tests) that are used by the community colleges for first-time freshman students, except the schools need not administer the tests to students with disabilities who take the alternative statewide assessments. The school district or charter school will receive state funding to pay for one administration per student of all of the basic skills test units. If indicated by the student's scores, the school will create an intervention plan for the student to ensure that the student receives the classes and other educational services necessary for the student to demonstrate postsecondary and workforce readiness at graduation at a level that allows the student to advance toward his or her identified postsecondary goals without needing remedial educational services. The school, the student, and the student's parents may agree to concurrently enroll the student in basic skills courses at an institution of higher education if the student is in twelfth grade. Each student's ICAP will include the student's scores on the basic skills tests and the student's intervention plan, if any. When adopting the criteria for endorsed high school diplomas, the state board of education and the Colorado commission on higher education will establish the criteria for demonstrating postsecondary and workforce readiness at various levels that reflect the postsecondary education options available to students. Because the criteria for issuing endorsed high school diplomas are not yet adopted, the bill changes the beginning date on which schools and school districts will be held accountable for the number of students who receive endorsed high school diplomas.
Status: 01/11/2012 Introduced In Senate - Assigned to Education
01/11/2012 Introduced In Senate - Assigned to Education + Appropriations
02/15/2012 Senate Committee on Education Refer Amended to Appropriations
04/10/2012 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/12/2012 Senate Second Reading Laid Over Daily
04/23/2012 Senate Second Reading Passed with Amendments
04/24/2012 Senate Third Reading Passed with Amendments
04/27/2012 Introduced In House - Assigned to Education
04/30/2012 House Committee on Education Refer Unamended to Appropriations
05/03/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole
Amendments:

Senate Journal, February 16
After consideration on the merits, the Committee recommends that SB12-047 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 6, line 12, strike "SHALL" and substitute "MAY".

Page 6, line 13, strike "ALL".

Page 6, line 14, strike "DISTRICT, INCLUDING CHARTER SCHOOLS," and
substitute "DISTRICT".

Page 6, strike lines 17 through 21 and substitute "SECTION 23-1-113,
C.R.S.".

Page 6, line 22, strike "EDUCATION.".

Page 7, strike lines 1 through 3 and substitute "ENROLLED IN THOSE
GRADES.".

Page 7, line 4, strike "EACH" and substitute "IF A SCHOOL DISTRICT
CHOOSES TO ADMINISTER THE BASIC SKILLS PLACEMENT OR ASSESSMENT
TESTS, EACH".

Page 7, after line 25, insert:

"SECTION 4. In Colorado Revised Statutes, add 22-30.5-117 as
follows:
22-30.5-117. Basic skills placement or assessment tests -
intervention plans. (1) EACH CHARTER SCHOOL THAT INCLUDES ANY OF
GRADES NINE THROUGH TWELVE MAY ADMINISTER TO STUDENTS
ENROLLED IN THOSE GRADES THE BASIC SKILLS PLACEMENT OR
ASSESSMENT TESTS THAT ARE ADMINISTERED TO MATRICULATED
FIRST-TIME FRESHMAN STUDENTS PURSUANT TO SECTION 23-1-113, C.R.S.
THE CHARTER SCHOOL MAY ADMINISTER THE TESTS TO A STUDENT AT ANY
TIME AND AS OFTEN AS IT DEEMS NECESSARY WHILE THE STUDENT IS
ENROLLED IN ANY OF GRADES NINE THROUGH TWELVE, BUT THE
DEPARTMENT OF EDUCATION SHALL ALLOCATE MONEYS TO EACH CHARTER
SCHOOL TO OFFSET THE COSTS INCURRED IN ADMINISTERING EACH OF THE
TEST UNITS ONLY ONCE PER STUDENT WHILE HE OR SHE IS ENROLLED IN
THOSE GRADES.
(2) IF A CHARTER SCHOOL CHOOSES TO ADMINISTER THE BASIC
SKILLS PLACEMENT OR ASSESSMENT TESTS, EACH STUDENT'S INDIVIDUAL
CAREER AND ACADEMIC PLAN SHALL INCLUDE THE SCORES ACHIEVED BY
THE STUDENT ON THE BASIC SKILLS PLACEMENT OR ASSESSMENT TESTS
AND, BASED ON AN ANALYSIS OF THE SCORES, THE STUDENT'S LEVEL OF
POSTSECONDARY AND WORKFORCE READINESS AT THE TIME HE OR SHE
TAKES THE TESTS. IF A STUDENT'S SCORES INDICATE THAT HE OR SHE IS AT
RISK OF BEING UNABLE TO DEMONSTRATE POSTSECONDARY AND
WORKFORCE READINESS PRIOR TO OR UPON GRADUATING FROM HIGH
SCHOOL, SCHOOL PERSONNEL SHALL WORK WITH THE STUDENT AND THE
STUDENT'S PARENT OR LEGAL GUARDIAN TO CREATE AN INTERVENTION
PLAN THAT IDENTIFIES THE NECESSARY COURSES AND EDUCATION
SUPPORT SERVICES THE STUDENT REQUIRES TO BE ABLE TO ACHIEVE
POSTSECONDARY AND WORKFORCE READINESS PRIOR TO OR UPON
GRADUATING FROM HIGH SCHOOL AND TO BE PREPARED TO CONTINUE INTO
THE POSTSECONDARY EDUCATION OPTION, IF ANY, SELECTED BY THE
STUDENT IN HIS OR HER INDIVIDUAL CAREER AND ACADEMIC PLAN
WITHOUT NEED FOR REMEDIAL EDUCATIONAL SERVICES. IF APPROPRIATE,
THE CHARTER SCHOOL, THE STUDENT, AND THE STUDENT'S PARENT OR
LEGAL GUARDIAN MAY CHOOSE TO ENROLL THE STUDENT IN ONE OR MORE
BASIC SKILLS COURSES AT AN INSTITUTION OF HIGHER EDUCATION
THROUGH THE "CONCURRENT ENROLLMENT PROGRAMS ACT", ARTICLE 35
OF THIS TITLE, IF THE STUDENT IS ENROLLED IN TWELFTH GRADE.".

Renumber succeeding sections accordingly.

Page 8, line 25, strike "SHALL" and substitute "MAY".

Page 8, line 26, strike "ALL".

Page 9, strike lines 2 through 6 and substitute "C.R.S. THE".

Page 9, line 13, strike everything after the period.

Page 9, strike lines 14 and 15.

Page 9, line 16, strike "EACH" and substitute "IF AN INSTITUTE CHARTER
SCHOOL CHOOSES TO ADMINISTER THE BASIC SKILLS PLACEMENT OR
ASSESSMENT TESTS, EACH".

Page 11, line 20, strike the first "THE" and substitute "FOR SCHOOL
DISTRICTS AND CHARTER SCHOOLS THAT CHOOSE TO ADMINISTER THE
BASIC SKILLS PLACEMENT OR ASSESSMENT TESTS, THE".

Page 13, after line 18, insert:

"SECTION 10. In Colorado Revised Statutes, 22-2-112, add (4)
as follows:
22-2-112. Commissioner - duties. (4) (a) THE COMMISSIONER
SHALL ENSURE THAT THE DEPARTMENT, SUBJECT TO AVAILABLE
APPROPRIATIONS, ANNUALLY ALLOCATES MONEYS TO SCHOOL DISTRICTS,
DISTRICT CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS TO
REIMBURSE THEM FOR THE COSTS OF ADMINISTERING BASIC SKILLS
PLACEMENT OR ASSESSMENT TESTS PURSUANT TO SECTIONS 22-32-109.5,
22-30.5-117, AND 22-30.5-524, RESPECTIVELY, TO STUDENTS ENROLLED
IN GRADES NINE THROUGH TWELVE. THE DEPARTMENT SHALL ALLOCATE
MONEYS TO OFFSET THE COSTS INCURRED IN ADMINISTERING EACH OF THE
TEST UNITS ONLY ONCE PER STUDENT WHILE THE STUDENT IS ENROLLED IN
GRADES NINE THROUGH TWELVE.
(b) THE GENERAL ASSEMBLY FINDS THAT, FOR PURPOSES OF
SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION, ADMINISTERING
BASIC SKILLS PLACEMENT OR ASSESSMENT TESTS TO STUDENTS IN GRADES
NINE THROUGH TWELVE IS AN ACCOUNTABLE PROGRAM TO MEET STATE
ACADEMIC STANDARDS AND IS A COMPONENT OF ACCOUNTABILITY
REPORTING AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE
EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE
STATE CONSTITUTION.
SECTION 11. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the state
education fund created in section 17 (4) of article IX of the state
constitution, not otherwise appropriated, to the department of education,
for the fiscal year beginning July 1, 2012, the sum of $1,000,000, or so
much thereof as may be necessary, for the implementation of section
22-2-112 (4), Colorado Revised Statutes.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "SERVICES." and substitute "SERVICES, AND, IN
CONNECTION, THEREWITH, MAKING AN APPROPRIATION.".

Senate Journal, April 24
SB12-047 by Senator(s) King K. and Bacon; also Representative(s) Massey and Holbert--Concerning
the use of assessment results for students enrolled in grades nine through twelve to assist
students in graduating from high school without needing subsequent remedial educational
services, and, in connection, therewith, making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator King K.
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.004) , by Senator King K.

Amend engrossed bill, page 12, line 23, strike "22-30.5-524" and
substitute "22-30.5-117, 22-30.5-524,".


The amendment was passed on the following roll call vote:


House Journal, May 7
22 SB12-047 be amended as follows, and as so amended, be referred to
23 the Committee of the Whole with favorable
24 recommendation:
25
26 Amend reengrossed bill, page 15, strike lines 15 through 21 and
27 substitute:
28 "SECTION 11. Appropriation. In addition to any other
29 appropriation, there is hereby appropriated, out of any moneys in the state
30 public school fund created in section 22-54-114 (1), Colorado Revised
31 Statutes, not otherwise appropriated, to the department of education, for
32 the fiscal year beginning July 1, 2012, the sum of $1,000,000, or so much
11233 thereof as may be necessary, for the implementation of section 22-2-
34 (4), Colorado Revised Statutes.
35 SECTION 12. Appropriation - adjustments in 2012 long bill.
36 For the implementation of this act, the cash funds appropriations made in
37 the annual general appropriation act to the department of education for
38 the fiscal year beginning July 1, 2012, for the Colorado student
39 assessment program, is decreased by $1,000,000. Said sum is from the
40 state public school fund created in section 22-54-114 (1), Colorado
41 Revised Statutes.".
42
43 Renumber succeeding section accordingly.
44
45



SB12-048 Local Foods Local Jobs 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill creates the "Colorado Cottage Foods Act", exempting small producers from the licensing requirements placed on retail food establishments and requiring producers to be certified in safe food handling and processing. The bill limits the liability of food banks that distribute food produced pursuant to the "Colorado Cottage Foods Act". The bill also limits the liability of schools and nonprofit organizations when their kitchens are used by producers to prepare goods for sale directly to consumers. The bill also exempts a person who produces and sells less than 250 dozen eggs per month on the premises at which the eggs are produced or at a farmer's market or similar venue from the licensing requirements for sellers of eggs.
Status: 01/11/2012 Introduced In Senate - Assigned to Agriculture, Natural Resources, and Energy
01/26/2012 Senate Committee on Agriculture, Natural Resources, and Energy Refer Amended to Senate Committee of the Whole
02/01/2012 Senate Second Reading Laid Over Daily
02/06/2012 Senate Second Reading Passed with Amendments
02/07/2012 Senate Third Reading Laid Over Daily
02/08/2012 Senate Third Reading Passed
02/13/2012 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/27/2012 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/01/2012 House Second Reading Laid Over Daily
03/02/2012 House Second Reading Passed
03/05/2012 House Third Reading Passed
03/07/2012:03 AM 04:10 Signed by the President of the Senate
03/09/2012:19 AM 04:20 Signed by the Speaker of the House
03/12/2012 Sent to the Governor
03/15/2012 Governor Action - Signed
Amendments:

Senate Journal, January 30
After consideration on the merits, the Committee recommends that SB12-048 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 4, line 2, strike "C.R.S." and insert "C.R.S.,
UNLESS THE NONPROFIT ORGANIZATION ACTED UNREASONABLY.".

Page 4, line 12, strike "CONSUMERS."and insert "CONSUMERS, UNLESS THE
SCHOOL OR NONPROFIT ORGANIZATION ACTED UNREASONABLY.".

Page 5, line 2, strike "HOME" and insert "HOME, COMMERCIAL, PRIVATE,
OR PUBLIC".

Page 6, line 5, strike "VENUE."and insert "VENUE WHERE THE PRODUCT IS
SOLD DIRECTLY TO CONSUMERS.".

Page 6, line 7, strike "TWO THOUSAND FIVE HUNDRED" and insert "FIVE
THOUSAND".

Page 7, line 6, strike "RECEIVED."and insert "RECEIVED OR IF THE
PRODUCT IS SUSPECTED IN AN INJURY OR FOOD-BORNE ILLNESS
OUTBREAK.".

Page 7, line 9, strike "MUST" and insert "IS ENCOURAGED TO".

House Journal, February 28
1 SB12-048 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend reengrossed bill, page 6, strike lines 11 through 15.
6
7



SB12-049 PUC Towing Carriers Reduce Surety Bond Requirement 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill amends the requirement for a $50,000 surety bond that was added to the statutes governing towing carriers in 2011 by:
* Reducing the amount to $10,000; and
* Exempting carriers in counties with less than 200 persons per square mile from the bond requirement.
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
02/21/2012 Senate Committee on Transportation Postpone Indefinitely
Amendments:

SB12-050 Prohibit Red Light Camera Vehicle Identification 
Comment:
Calendar Notification: NOT ON CALENDAR
Summary: The bill repeals the authorization for municipalities to use automated vehicle identification systems to identify violators of traffic regulations and issue citations based on photographic evidence, and creates a prohibition on such activity.
Status: 01/11/2012 Introduced In Senate - Assigned to Transportation
02/21/2012 Senate Committee on Transportation Postpone Indefinitely
Amendments: