2012 Legal
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB12-1002The CLEAR Act & Application Permit Rules SONNENBERG / JAHN H.B. 12-1002 Rules - permits - applicability of existing or new rules and written statements of agency interpretation - exceptions. The act creates the "CLEAR Act", which stands for "Creating Level Expectations For Application Review". The act amends the "State Administrative Procedure Act" (APA) to state that the rules and any written statements of agency interpretation of the statutes of a state agency in effect on the date that a person applies for a new or renewed permit govern the application for a new permit or for renewal of the permit. If the rules or any written statements of agency interpretation governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency must grandfather in the application under the rules and any written statements of agency interpretation in effect on the date of the application, unless the agency determines in writing that: The new rules materially affect the health and safety of the public and that use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with new rules; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order. If the agency determines that one of these four exceptions will occur, the agency must treat the application as pending, provide a written notice to the person that states the reasons the application is incomplete, and give the person a reasonable opportunity to comply with the new law or new requirements. The act states that if an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules. The act defines "permit" as a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer. APPROVED by Governor June 4, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 06/04/2012 Governor Action - Signed
NOT ON CALENDARHickenlooper signs regulatory-reform measures
HB12-1007Regulatory Analysis Requirement For Rules SZABO / GRANTHAM Under current law, if any person so requests, a state administrative agency must issue a regulatory analysis of any proposed rule at least 15 days prior to a rule-making hearing. The bill requires agencies to conduct the analysis for every proposed rule, regardless of whether an analysis has been requested. The bill also requires each regulatory analysis to include information on the effect of the proposed rule on jobs in Colorado. If the agency specifies that the proposed rule only makes grammatical, format, or organizational changes and makes no substantive changes, an analysis is not required. The bill also states that the general assembly determines that amendments to the law made by this bill can be implemented within existing appropriations and, therefore, no separate appropriation of state moneys or allocation of full time equivalent state employees is necessary to carry out the purposes of the bill. 03/20/2012 Senate Committee on Local Government Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-101115-year Rule For State Controlled Maint Funding BROWN / BACON Capital Development Committee. The bill codifies the 15-year rule for requesting controlled maintenance funding for:
* Any new construction of, addition to, renovation of, or corrective repair or replacement of any state-owned, general-funded building or other physical facility; and
* Any acquisition of a state-owned, general-funded building or other physical facility. If a state agency or state institution of higher education requires a waiver of these eligibility requirements, the state agency or state institution of higher education must submit in writing a justification of special consideration to the state architect, and the capital development committee must approve the justification. The bill allows the state architect to use moneys in the newly created emergency controlled maintenance account for emergency controlled maintenance funding when the need for such funding is communicated in writing to the state architect by a state agency or state institution of higher education. The state architect must annually provide a status report to the capital development committee that shows spending for emergency controlled maintenance projects from that account. 
02/02/2012 House Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1033Workers' Comp Admin Audit Fines SWALM / NEWELL The bill specifies that the director of the division of workers' compensation may not impose an administrative fine on an insurer or self-insured employer as a result of a compliance audit for late reporting of an injury, occupational disease, or fatality when the late reporting resulted from the insurer or self-insured employer not having notice or knowledge of the injury, occupational disease, or fatality in sufficient time to comply with the reporting period. The bill permits the director to impose a fine if the director finds that the late reporting constituted a knowing and repeated pattern of noncompliance with the reporting requirements and was not caused by the insurer or self-insured employer's lack of notice or knowledge of the injury, occupational disease, or fatality. 03/22/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
HB12-1036Open Records Act Clarification KERR J. The bill clarifies that the current exemption from the "Colorado Open Records Act" for investigative files applies to those files compiled for any civil, administrative, or criminal law enforcement purpose. 06/07/2012 Governor Action - Signed
NOT ON CALENDAREditorial: A step back on election rules
Colorado Gov. John Hickenlooper signs into law rules for public review of voted ballot
HB12-1061The Skills For Jobs Act KAGAN H.B. 12-1061 Higher education - report - credential production - workforce projections. The act requires the department of higher education (department), in consultation with the department of labor, the department of regulatory agencies, and any other entity the department deems appropriate, to produce, within the limits of available resources and data, an annual report regarding state workforce projections and education credential production. The report will show the workforce needs that are not being met by state degree and certificate programs and identify institutions, public or private, that may be able to address those workforce needs through new programs or expansion of existing ones. The department will send the report to every public postsecondary governing board in the state and will work with the department of education to provide the report to the state's public school districts, the Colorado charter school institute, and Colorado private elementary, middle, and high schools. The act repeals July 1, 2016. APPROVED by Governor April 2, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 04/02/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
HB12-1062Employment Protections For Colorado Peace Officers BARKER The bill declares that rights and protections afforded to peace officers are a matter of statewide concern. An agency that employs a peace officer (employing agency) shall not enter into a peace officer's personnel file any comment or material that is adverse to the peace officer unless the peace officer is given an opportunity to:
* Review the comment or material;
* Receive a copy of the comment or material; and
* Respond to the comment or material in writing. If a peace officer reviews any such comment or material, he or she may sign it upon completing his or her review. The signature indicates only that the peace officer is aware of the comment or material and does not constitute a confirmation by the peace officer of the accuracy of the comment or material. If the peace officer refuses to sign the comment or material, the employing agency shall include with the comment or material an acknowledgment of the peace officer's refusal. If the peace officer prepares a written response, the employing agency shall place it in the peace officer's personnel file. A peace officer shall have the same right to engage in political activities as is afforded to each resident of the state so long as he or she is not on duty or in uniform. Neither an employing agency nor any person may coerce or require a peace officer to engage in political activity. A peace officer may form, join, support, or participate in an employee organization or its lawful activities. An employing agency shall not retaliate or discriminate against a peace officer for joining or advocating for any employee organization or for advocating for the formation thereof. A peace officer, other than a peace officer who has not yet completed a reasonable initial new-hire probationary period, is subject to disciplinary action only for just cause. A peace officer who is accused of a violation of law or of a policy of his or her employing agency (violation) is presumed innocent, and an investigation into such an allegation shall be conducted in a fair and impartial manner. Before an employing agency imposes any disciplinary action upon a peace officer, the peace officer has the right to be heard during a meeting with a designated representative of the employing agency. A peace officer who is accused of a violation is entitled to have a peace officer representative present during any meeting with one or more members of the employing agency, or with a representative of the employing agency, if the peace officer reasonably believes the meeting may result in disciplinary action against him or her. Each employing agency shall establish a fair and just appeal process to allow a peace officer who is subjected to disciplinary action to challenge the disciplinary action or to assert that the employing agency lacked just cause to impose the disciplinary action. The appeal process includes a hearing that provides the disciplined peace officer with due process, including but not limited to the right to have a peace officer representative present, offer live testimony, offer documentary evidence, and cross-examine any witness who offers testimony against him or her. The hearing is confidential unless the disciplined peace officer waives such confidentiality. Any document generated or presented in connection with the hearing shall be treated as a personnel record and is subject to the legal protections afforded to personnel records. An employing agency shall not adopt any regulation, ordinance, policy, or procedure preventing a peace officer from filing a civil suit arising from the performance of his or her duties as a peace officer. An employing agency shall not discharge, demote, or discipline; or deny promotion, transfer, or reassignment to; or otherwise discriminate against; or threaten any such action against a peace officer as retaliation for the peace officer's lawful exercise of his or her rights. 
02/27/2012 House Committee on Local Government Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1081Operations Auraria Higher Education Center DURAN / STEADMAN H.B. 12-1081 Auraria higher education center. The act clarifies numerous statutory sections that concern the operations of the Auraria higher education center, including, among others, capital construction, risk management, and lease-purchase agreements. APPROVED by Governor May 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 05/24/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
HB12-1088Deadly Force Against Intruder At Place Of Business HOLBERT / GRANTHAM The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses. 03/05/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1112State Economic Impact As Procurement Factor RYDEN The bill creates the economic impact rating system advisory board (advisory board) in the office of economic development (office). The board consists of 11 voting members with specific qualifications appointed by the governor and 5 ex officio nonvoting members. The advisory board is charged with analyzing the feasibility of establishing an economic impact rating system (system), which measures a company's economic impact in the state. The advisory board is required to annually report to legislative committees on the status of the system. If the system is feasible, the advisory board will assist the office in the development of the system. The system must be designed to allow a company to input information about its operations and connections to the state, and the information will be used to generate a state economic impact rating. To the extent possible, the office is required to design the system so that a company may access it on-line. The office is required to notify the executive director of the department of personnel when an operational system has been developed. Once the system is operational, the state economic impact rating is to be used for proposals solicited through a request for proposals. A state purchasing director or the head of the purchasing agency is required to use the state economic impact rating as an evaluation factor in determining which offeror's proposal is most advantageous to the state. An offeror that responds to a request for proposals is not required to submit its state economic impact rating. The only source of funding for the system is from the newly created economic impact rating system cash fund, which consists of gifts, grants, or donations. Moneys in the fund are continuously appropriated to the office for the system. 02/15/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1113Preferences In State Public Contracts LEE Preference where contract to be performed by mostly Colorado residents. 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 $500,000, 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 (department) 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. Veterans' preference. When a contract for supplies or services is to be awarded though competitive sealed bidding or through competitive sealed best value bidding, the bill requires an amount equal to 2.5% of the bid price to be subtracted from the bid of each bidder that is a veteran or a veteran business. When a contract for supplies, services, or professional services is to be awarded through a request for competitive sealed proposals, the bill requires that one of the evaluation factors stated in the request is whether the offeror is a veteran or a veteran business. The relative weight assigned to the offeror's status as a veteran or as a veteran business is 2.5%. The bill defines "veteran" to mean a person who is a resident of the state of Colorado, who was separated under honorable conditions, and who, other than for training purposes, served in any branch of the armed forces of the United States, including, without limitation, service in the armed forces reserve or National Guard, and "veteran business" to mean a continuing independent, for-profit business located in the state in which one or more veterans hold an ownership interest of at least 51%. The bill requires any person that requests a veterans' preference to complete an application for the purpose of certifying the person's status as a veteran or a veteran business. Upon the satisfaction of the department of personnel (department) that the person is entitled to the preference, the department is required to issue the person a distinctive identification number that, when submitted as part of a bid, offer, or other purchasing documents, entitles the person to the preference. Any person who has obtained the necessary certification is required to notify the department within 30 days after the occurrence of any event that affects the person's ability to qualify as a veteran business, including, without limitation, a change in the ownership of the business. If the department determines that a person that received a preference no longer satisfies the requirements applicable to a veteran business at any time during the pendency of the contract, the executive director of the department (executive director) may reject the bid or offer submitted by the person or assess a civil penalty against the person. The department is required to revoke the certification of a veteran business for a period of not less than 12 months upon making a determination that the business has failed to notify the department of a change in the status of the business. During the 12-month revocation period, a veteran business whose certification has been revoked may submit a bid or offer on a state contract but is not eligible for the preference. The bill specifies the manner in which certification may be restored after the completion of the revocation period. The bill specifies penalties that are applicable if the department determines that a person has made a material misrepresentation or otherwise committed a fraudulent act in obtaining a veterans' preference. Any person against whom the department has imposed a sanction may apply to the executive director for a review of the decision. The executive director or the executive director's designee has the authority to promulgate rules to implement the veterans' preference. 
02/22/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1210Recognition Out-of-state Professionals To Practice BEEZLEY / JAHN The bill allows a person with a currently valid license, certificate, or registration in good standing from another state to practice his or her profession in this state for up to one year before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado. 03/15/2012 Senate Committee on Health and Human Services Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1245Health Care Options Gov Employees FIELDS The bill creates a 13-member group purchase of health care insurance by government employees task force (task force) to meet in the 2012 interim to study issues involving the pooling of resources among state and local government employees in the state to purchase health care insurance and related products, report its findings and recommendations, and, if appropriate, propose statutory modifications. The bill specifies the required qualifications of the members of the task force and additional requirements governing the appointing authorities and procedures of the task force. The task force is required to study, make recommendations, and report findings on all matters relating to the group purchase of health care insurance by government employees, including, without limitation, innovative solutions and strategies for leveraging the purchasing power of state and local governments to expand health care coverage for the employees of such governments and their families at the lowest cost to the taxpayer while addressing any impediments to such goals provided by federal or state law. The task force is required to submit a written report of its findings and recommendations to the relevant committees of the general assembly by December 15, 2012. The task force is required to meet at least 4 times, with the first meeting occurring no later than August 1, 2012. Meetings of the task force are public meetings. The task force is required to solicit and accept reports and public testimony and may request other sources to provide testimony, written comments, and other relevant data to the task force. Members of the task force will serve without compensation and will not be reimbursed for their expenses. Any staff assistance required by the task force shall be performed by existing employees of the department of personnel within existing appropriations. 03/28/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1257Health Care Consumer & Provider Protections KEFALAS / BOYD The bill clarifies that an intermediary between a health insurance carrier and health care provider is a "person or entity" for purposes of complying with health care contract disclosure requirements. Each health care provider who provides outpatient health care or treatment is required to disclose to a patient the right to request the nondiscounted charge for the care or treatment and, upon request, make that information available before the scheduling of care or treatment. Each health insurance carrier shall:
* Provide notice to covered persons advising them of the relationship with the third-party administrator, the policyholder, and the insurance carrier;
* Disclose to the covered person all charges, fees, and commissions paid to the third-party administrator; and
* Prohibit a third-party administrator from altering a health care provider's charges or adding charges to any of the insurance claims submitted by a health care provider. Each carrier must disclose to each covered person any charges for administrative costs that are in addition to the charges for the care or services provided by the health care provider. The bill makes technical corrections to the law concerning the contractual relationship with a third-party intermediary. Current law uses the term "intermediary" when the proper entity is "third-party administrator". 
03/07/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-001Contracting Preferences For Employing Coloradans HUDAK / DURAN 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. 
04/25/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-006Efficiencies In State Regulatory System NEVILLE / HOLBERT 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. 
03/09/2012 Senate Committee on Appropriations Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-015Creating Optional Category Of Higher Ed Tuition GIRON 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. 
04/25/2012 House Committee on Finance Postpone Indefinitely
NOT ON CALENDARGOP Lawmakers Challenge Hickenlooper On Subsidized Tuition For Illegal Alien Students
Metro State College of Denver OKs tuition cut for illegal immigrants
SB12-025Concealed Handgun Carry With No Permit NEVILLE / BAUMGARDNER 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. 01/23/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-027Committee Of Reference Review Of Rules SCHEFFEL 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. 05/08/2012 House Second Reading Laid Over Daily
NOT ON CALENDARNo news items found
SB12-031Federal Mineral Lease Districts WHITE 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 04/06/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-065Prior Authorization Form Prescription Drugs MORSE The bill requires the commissioner of insurance to develop by July 1, 2013, and requires prescribing providers and health benefit plans to use by January 1, 2014, a uniform prior authorization form for purposes of submitting and receiving requests for prior coverage approval of a prescription drug. If the health benefit plan fails to use or accept the prior authorization form or fails to respond to a request within 2 business days, the request is deemed granted. An approved prior authorization form is valid for 12 months after the date of approval. 05/02/2012 Senate Committee on Health and Human Services Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-100Prohibit Discrimination Labor Union Participation NEVILLE / JOSHI The bill prohibits an employer from requiring any person, as a condition of employment, to become or remain a member of a labor organization or to pay dues, fees, or other assessments to a labor organization or to a charity organization or other third party in lieu of the labor organization. Any agreement that violates these prohibitions or the rights of an employee is void pursuant to the bill. The bill creates civil and criminal penalties for violatons and authorizes the attorney general and the district attorney in each judicial district to investigate and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices. 02/15/2012 Senate Committee on Business, Labor and Technology Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-140Generally Accepted Accounting Principles State Gov GRANTHAM The bill requires the state controller, not later than January 1, 2014, to devise and maintain for all of the executive departments and agencies of state government a comprehensive budgeting, accounting, and reporting system in conformity with generally accepted accounting principles applicable to state governments. To guide the executive departments and state agencies in their use of this system, contemporaneously with the implementation of the system, the bill requires the controller to publish the components of such system and any applicable standards in an accounting procedures manual. 02/16/2012 Senate Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-146Limit Acceptance Benefits Reward Official Action HODGE / PENISTON S.B. 12-146 Statutory code of ethics - limitations - acceptance by governmental actors of benefits from persons able to be rewarded with official action. The statutory rules of conduct for all public officers, members of the general assembly, local government officials, and employees (covered individuals) are amended to include, as an economic benefit tantamount to a gift of substantial value used in the determination of whether a covered individual has accepted an unethical gift, the acceptance by the covered individual of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the state or a local government, under a contract or other means, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates a fair and legitimate transaction. The act adds to the existing list of ethical principles for public officers, local government officials, and employees the principle that public officers, local government officials, and employees are discouraged from assisting or enabling members of their immediate family in obtaining employment, a gift of substantial value, or an economic benefit tantamount to a gift of substantial value from a person whom the officer, official, or employee is in a position to reward with official action or has rewarded with official action in the past. The statutory rules of conduct for local government officials and employees are amended to include a prohibition on the acceptance by such an official or employee of goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the local government for which the official or employee serves, under a contract or other means, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates a fair and legitimate transaction. APPROVED by Governor April 12, 2012 EFFECTIVE April 12, 2012 04/12/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-149Allow Local Gov Retirement Plan Modifications STEADMAN / PRIOLA S.B. 12-149 Defined benefit plans - modification of benefits and age and service requirements. Until July 1, 2017, the board of a defined benefit plan or system created by a local government is authorized to modify the benefits and the age and service requirements for any such plan or system when the board determines the modification is required to ensure the sustainability of the plan or system. Any modifications to the benefits and age and service requirements shall not adversely affect vested benefits already accrued by members of such defined benefit plans or systems, including, but not limited to, members who are retired or eligible to retire as of the effective date of the modifications, unless otherwise permitted under or required by Colorado or federal law. Boards of defined benefit plans or systems are required to provide written notice to each member, inactive member, and beneficiary that the possibility of a reduction of benefits to ensure the sustainability of the plan or system could occur in the future. APPROVED by Governor May 29, 2012 EFFECTIVE May 29, 2012 05/29/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-150State Treasurer Auth To Manage State Financing SCHWARTZ / SONNENBERG S.B. 12-150 State treasurer - authority to manage state public financing - rules. In order to provide more centralized management of the state's public financing structure, section 1 of the act requires the state treasurer to act as the issuing manager for certain approved issuances or incurrences of financial obligations by the state acting by and through any state agency. Section 1 also: Specifies that the state treasurer has the sole discretion to manage the issuance or incurrence of such financial obligations, except for certain financial obligations of state institutions of higher education, subject to the criteria established in a state public financing policy to be promulgated as required; With respect to any state financial obligation, requires the state treasurer to, at minimum, determine the financing structure and term, decide the market timing, and select or hire, as applicable, the state financing team; Requires a state agency to provide written notice to the state treasurer of any anticipated issuance or incurrence of a financial obligation; Requires a state agency to provide the state treasurer with the information that the state treasurer considers necessary to act as the issuing manager for the issuance or incurrence of financial obligations and to comply with federal and state securities laws and contractual covenants; Requires the state treasurer, in performing his or her duties as the issuing manager, to consider any relevant factors that he or she considers necessary to protect the financial integrity of the state; Clarifies that the state treasurer is the elected representative and signatory for all forms required by the internal revenue code to be filed in connection with issuances or incurrences of financial obligations by the state acting by and through a state agency; Requires the state treasurer to collaborate with the state controller, the office of state planning and budgeting, bond counsel, the attorney general, and the capital development committee in developing and then promulgating by rule a state public financing policy and provides a list of items that must minimally be included in the policy; Requires all state institutions of higher education to report specific information to the state treasurer related to financial obligations, the principal amount of which is one million dollars or more, that the treasurer does not manage on an institution's behalf; Requires the department of transportation to report specific information to the state treasurer related to financial contracts or instruments; On and after July 1, 2012, requires the issuance or incurrence of every financial obligation that the state treasurer manages to include a specified amount to be paid to the state treasurer and credited to the state public financing cash fund, to be used to reimburse the state treasurer for verifiable costs incurred in performing or overseeing the state's primary issuance compliance and post-issuance compliance responsibilities over the term of a financial obligation; and Requires the state treasurer to create and maintain a correct and current inventory of all state-owned real property that is used as leased property or as collateral in any type of financial obligation. The state treasurer must annually provide a copy of the inventory to the capital development committee. Section 2 of the act requires a certain group of state agencies to notify the state treasurer when they enter into agreements for an exchange of interest rates, cash flows, or payments as provided in law. Section 3 of the act requires a qualified charter school to provide the state treasurer with certain information when the state treasurer authorizes expenditures from the state charter school debt reserve fund or the state charter school interest savings account of the fund. The act decreases an appropriation made to the department of personnel for the 2012-13 fiscal year by $42,961 and 0.5 FTE for the implementation of the act. APPROVED by Governor May 24, 2012 EFFECTIVE May 24, 2012 05/24/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-152Procedures For Filing Reports With The GA CADMAN / FERRANDINO S.B. 12-152 Administrative Organization Act of 1968 - Information Coordination Act - filing of reports with the general assembly. The act updates the reporting requirements of the "Information Coordination Act", which includes a procedure to be followed whenever an entity is required or allowed to file a report with the general assembly. The act requires the reporting entity to file one electronic copy of the report with the joint legislative library in PDF format rather than 6 hard copies and to provide a hyperlink to the web site where the report is located if the report is directly accessible via the internet. The reporting entity will still file 4 hard copies with the state librarian for the state publications depository and distribution center. If the reporting entity cannot provide an electronic copy of the report, then it must deliver 6 hard copies to the joint legislative library. The joint legislative library thereafter will deliver the electronic or hard-copy report to the legislators, legislative committees, or legislative staff who are to receive it. APPROVED by Governor April 13, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause. 04/13/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-155Transparency Of Elections & CORA HEATH / COURT The bill prohibits the designated election official (official) from fulfilling a request under the "Colorado Open Records Act" (CORA) for the public inspection of either ballots or ballot images arising out of any election in the state during the period commencing with the 45th day preceding election day and concluding with the date by which the official is required to certify an official abstract of votes cast for the applicable candidate contest or ballot issue or ballot question. The stay required by the bill does not apply to a recount undertaken as provided by law. As with other public records open for inspection by the public under CORA, an interested party may inspect ballots in connection with the recount without having to obtain a court order granting such inspection. In connection with the public inspection of ballots that an interested party is authorized to undertake in connection with a recount, the bill permits an interested party to witness the handling of ballots involved in the recount to verify that the recount is being conducted in a fair, impartial, and uniform manner so as to determine that all ballots that have been cast are accurately interpreted and counted but prohibits the interested party from handling the original ballots. Prior to and later than the stay period required by the bill, election records and ballots are required to be made available for inspection by the public in accordance with the following requirements:
* The original election records or ballots are required to remain in the custody of the official or his or her designee. In the discretion of the official or his or her designee, and subject to the requirements of the bill and existing CORA requirements, the official or his or her designee is obligated to determine the manner in which such records or ballots may be viewed by the public.
* The designated election official or his or her designee is required to cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;
* To protect the privacy of particular electors, any ballots cast by electors within groups of discrete individuals who are more susceptible of being personally identified, such as military and overseas electors, shall be made available for public inspection only to the extent such ballots may be duplicated without identifying elector information. Insofar as such ballots are not able to be duplicated without identifying elector information, they are not available for public inspection. The bill prohibits any ballot, or any portions or pages of a ballot, from being made available for inspection where the ballot, or any portion thereof, is identical in such form, considering a combination of the election contests at issue and precinct coding, to only 9 or fewer ballots, or portions thereof, among all ballots used in the same election. However, any such ballot, or any portion thereof, that is equal in such form to 10 or more ballots, or any portions thereof, used in the same election may be inspected.
* To protect the privacy of particular electors, ballots made available for inspection may be presented in any random order selected by the official or his or her designee;
* For the purpose of minimizing the costs of making ballots available for public inspection, the person seeking the inspection may indicate the candidate contest, ballot issue, or ballot question for which the person seeks to inspect the ballots; and
* Any actual costs incurred by the office of the official in making the election records and ballots available for inspection may be charged to the person requesting the inspection of the records or ballots. If the official selects a person other than an employee of his or her office to conduct the duties required by the bill, the actual costs to be charged the person seeking inspection are limited to the actual costs that would have been incurred if the work involved in complying with the requirements of the bill was completed by an employee of the official. The bill specifies that its provisions shall not affect either the ability of a person to serve as a watcher or the operation of a canvass board. 
05/08/2012 House Committee on State, Veterans, & Military Affairs Refer Unamended to House Committee of the Whole
NOT ON CALENDARNo news items found