|Bill #||Short Title||Sponsors||Bill Summary||Most Recent Status||Calendar Notification||News Links|
|HB12-1003||Authorize Graywater Use||FISCHER / NICHOLSON||Except in connection with individual septic systems, current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as wastewater from sources other than toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers collected within a residential, commercial, or industrial building that meets certain standards established by the water quality control commission. Section 3 authorizes the commission to adopt a control regulation establishing use standards and specifies that: Graywater may be applied only to uses that are allowed by the water sources' well permits and water rights; and, if so used, the use of the graywater is deemed to not cause injury. Graywater can be used only if the commission has adopted a control regulation and a local government authorizes the use. The local government has exclusive enforcement authority regarding compliance with the commission's control regulation. Section 5 allows counties to authorize graywater use, and section 6 allows municipalities to authorize graywater use. Section 4 repeals an obsolete provision authorizing local boards of health to adopt rules regarding graywater use with individual septic systems.||02/01/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1004||Colorado Timber Act||BRADFORD / KING S.||The bill requires county and municipal building codes to allow the use of lumber milled from lodgepole pine and Englemann spruce trees having a grade of "stud" or better as building framing material. County and municipal building codes must also encourage the use of lumber milled from these trees for this purpose.||04/18/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1009||Federal Funds Transparency Act||GEROU / LAMBERT||H.B. 12-1009 Federal moneys - annual reporting requirements - departments and agencies. The act modifies the information that each department and agency of the executive branch is required to provide in an annual report to the state controller regarding all federal moneys received by the department or agency. A state institution of higher education is excluded from the new reporting requirements. APPROVED by Governor April 16, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.||04/16/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1011||15-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 CALENDAR||No news items found|
|HB12-1033||Workers' 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 CALENDAR||No news items found|
|HB12-1036||Open 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 CALENDAR||Editorial: A step back on election rules|
|HB12-1043||Concurrent Enrollment For Early High School Grads||CONTI||H.B. 12-1043 Concurrent enrollment - students who graduate early. Under the act, each public school, in developing an individual career and academic plan for each student, will inform the student and the student's parent or legal guardian concerning concurrent enrollment and, at the student's or parent's or legal guardian's request, assist the student in course planning to enable him or her to concurrently enroll. In considering applications for concurrent enrollment, a district superintendent, the superintendent's designee, or the chief administrator of a charter school or high school of a board of cooperative services must give priority consideration to qualified students who, by the time they would concurrently enroll, will have completed the high school graduation requirements. 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 CALENDAR||No news items found|
|HB12-1044||Start-up Colo Technology Transfer Grant Program||FERRANDINO||The bill establishes the start-up Colorado technology transfer grant program (program). The purpose of the program is provide grants of up to $750,000 to offices of technology transfer to help further the commercialization of technology projects and discoveries in Colorado, which will, in turn, lead to the creation of Colorado jobs. The start-up Colorado technology transfer cash fund, not to exceed $5 million, is also created. The program is repealed, effective July 1, 2015.||04/17/2012 House Committee on Appropriations Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1059||Military Spouse Practice Occupation Profession||LOOPER||The bill authorizes military spouses to practice in a regulated profession or occupation other than real estate for one year if the spouse is licensed, registered, or certified to practice in another state; there is no other reason to deny the license; and the person consents to be governed by Colorado law. If applying for authority to continue to practice in Colorado, the applicant must notify the agency that the person is practicing in Colorado and include the contact information for the applicant's employer. If the agency denies the application, the agency notifies the employer. The director of the division of registrations may promulgate rules to implement the bill. The bill also directs agencies to exempt regulated persons who are on active duty for more than 120 days from the requirement to pay certification fees and complete continuing education that became due during the period of active duty, with the exemption continuing for 6 months after the period of active duty. An agency may accept continuing medical education, training, or service from the armed services in satisfaction of Colorado continuing education requirements. A service member or spouse who is an emergency medical service provider certified or licensed in another state is exempt from certification in Colorado. The term "emergency medical technician" is changed to "emergency medical service provider" to align with the trend in other states.||06/08/2012 Governor Action - Signed||NOT ON CALENDAR||Release: Loopers measure to help military spouses find employment to go in effect|
Gov. Hickenlooper finishes signing bills passed this year by the General Assembly
|HB12-1061||The 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 CALENDAR||No news items found|
|HB12-1062||Employment 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 CALENDAR||No news items found|
|HB12-1064||Firearm Possession During State Of Emergency||STEPHENS||The bill prohibits the state or any political subdivision of the state (state), during a declared state of emergency, from prohibiting or restricting the otherwise lawful possession, use, carrying, transfer, transportation, storage, or display of a firearm or ammunition; seizing or confiscating a lawfully possessed firearm, except in specific, described circumstances; or requiring registration of a firearm or ammunition for which registration is not otherwise required by law. An exception is made for the commercial sale of firearms if an authorized authority has ordered an evacuation or a general closure of business. An individual whose rights are violated by the state in conflict with these prohibitions has legal recourse against the state.||03/05/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1072||Higher Ed Prior Learning Assessments||MASSEY / BACON||H.B. 12-1072 Higher education - institutions - academic credit for prior learning. Beginning with the 2013-14 academic year, the act requires each public institution of higher education to adopt and make public a policy or program to determine academic credit for a student's prior learning. Additionally, the act permits a nonpublic institution of higher education that is accredited by an accrediting agency or association approved by the United States department of education to participate in the review conducted by the department of higher education (department) to determine if the institution's core course requirements comply with the department's general education course guidelines. APPROVED by Governor March 24, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.||03/24/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1080||Adams State College Name Change||VIGIL / SCHWARTZ||H.B. 12-1080 Adams state college - Adams state university. The act changes the name of Adams state college to Adams state university. APPROVED by Governor May 19, 2012 EFFECTIVE May 19, 2012||05/19/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1081||Operations 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 CALENDAR||No news items found|
|HB12-1082||Prevailing Compensation On Public Works Projects||SOPER||The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to: |
* Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works.
* Post the prevailing wages and fringe benefits;
* Pay workers at least once a week;
* Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and
* File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits. With respect to any failure to pay prevailing wages and fringe benefits, the bill:
* Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties;
* Establishes a private right of action;
* Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and
* Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director. The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors. The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively.
|01/25/2012 House Committee on Local Government Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1092||Concealed Handgun Carry Without Permit||PRIOLA / BROPHY||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 is at least twenty-one years of age and may legally possess a handgun under the laws of Colorado and of the United States. A person who carries a concealed handgun under the exception has the same carrying rights and is subject to the same limitations as apply to a person who holds a permit to carry a concealed handgun, including but not limited to the existing limitations concerning the carrying of a concealed handgun on the real property, or in any improvements erected thereon, of a public elementary, middle, junior high, or high school.||05/07/2012 House Committee on Judiciary Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1109||Budget Cuts To Provide More Public School Funding||MCKINLEY||For the fiscal year 2012-13, the bill requires the general assembly to reduce the total state general fund appropriations to the legislative branch, the judicial branch, and each executive department, excluding the department of health care policy and financing and the department of education, by an amount equal to the general fund appropriations to the respective branch or department for the fiscal year 2011-12 multiplied by the current rate of unemployment as of March 1, 2012. The bill also requires the state treasurer on January 1, 2013, to transfer an amount equal to the total reduction in general fund appropriations to the state education fund.||04/19/2012 House Second Reading Laid Over Daily||NOT ON CALENDAR||No news items found|
|HB12-1113||Preferences 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 CALENDAR||No news items found|
|HB12-1134||Prohibit Job Discrimination Against Unemployed||PABON||The bill prohibits an employer, employer's agent, employer's representative, or employer's designee (referred to as "employer") from publishing, in print or on the internet, an advertisement for any job vacancy that contains a provision that states: |
* The qualifications for a job include current employment;
* An application for employment will not be considered if the applicant is currently unemployed; or
* Only applications submitted by job applicants who are currently employed will be considered. An employer who violates the provisions of the bill is subject to a civil penalty. The bill also clarifies that the prohibitions regarding advertising do not establish a private cause of action by an aggrieved person.
|02/21/2012 House Committee on Economic and Business Development Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1135||Teacher Involvement Teacher Preparation Programs||MURRAY||The bill instructs the state board of education (board) to promulgate rules concerning a method to include in educator evaluations the work of teachers who serve as cooperating teachers in field work or student teaching for teacher candidates (cooperating teachers). A timeline is established concerning the use of effective and highly effective teachers as cooperating teachers, leading to 100% of cooperating teachers as having had an effective or highly effective rating for the previous school year by the 2017-18 school year.||02/27/2012 House Committee on Education Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1136||Prohibit Use Of Public Land For Retail Sales||RAMIREZ / ROBERTS||The bill prohibits a public entity from operating, or contracting with a private entity to operate, for public use any truck stop, fueling station, or convenience store on or near public land, state highways, toll roads, or any other similar infrastructure supported by any state revenues. The bill does not prohibit a public entity from maintaining existing interstate public rest areas or constructing new interstate public rest areas as allowed by law. The bill also specifies that the prohibition is not retroactive and does not apply to restaurants or service centers related to a golf course or any souvenir shops that are on or near such public land, state highways, toll roads, or such similar infrastructure.||05/02/2012 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1142||New PERA Employee Defined Contribution Plan Choice||DELGROSSO||In addition to its defined benefit plan, the public employees' retirement association (PERA) administers a defined contribution retirement plan. The law currently allows only specified state employees to participate in PERA's defined contribution plan. The bill would allow all employees who are members of PERA to participate as well. Newly eligible employees would be given an initial period to elect to join the defined contribution plan. Thereafter, the existing law governing participation and termination of membership in the defined benefit and contribution plans would control.||03/23/2012 House Committee on Appropriations Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1144||Employment Contracts Non-tenure-track Professors||FISCHER / BACON||H.B. 12-1144 Higher education - institutions - employment contracts - non-tenure-track faculty. The act authorizes each system of higher education and each campus of each state institution of higher education to employ, with the approval of its chief executive officer, an unlimited number of non-tenure-track, half-time or longer classroom teachers under renewable 3-year employment contracts. The employment contract must include a provision that renders the contract unenforceable if the employing system or campus ceases to be an enterprise and does not have sufficient financial reserves to satisfy the contract. APPROVED by Governor April 12, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.||04/12/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1145||State Personnel Total Compensation Policies||BRADFORD||The bill makes the following changes to the total compensation laws affecting state employees: |
* A statutory provision specifying that state employees are typically hired at the minimum rate in a pay grade unless there is a showing of recruiting difficulty or other unusual condition is amended to specify that employees are typically hired at the mid rate.
* References to the "annual compensation report" and "annual compensation survey" are changed to the "total compensation report" and "total compensation survey". The total compensation report of the state personnel director is required to be published every 2 years instead of every year.
* A provision governing the manner in which holidays and paid leave are counted for certain employees performing essential services is repealed.
* The children of employees are considered dependents for group benefit purposes up to the age of 26, unless the United States supreme court finds the federal "Patient Protection and Affordable Care Act" to be unconstitutional, in which case the current statutory provisions defining children as dependents will be reinstated.
|03/01/2012 House Committee on Economic and Business Development Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1154||Regional Economic Development Through Partnerships||CORAM / JAHN||The bill tasks the Colorado office of economic development (office) with fostering a regional approach to economic development. A region is defined as a state planning and management region utilized by the department of local affairs. Currently, there are 14 such regions in the state. The office must create a new, or assist in expanding an existing, regional development partnership (partnership) in each region. A partnership consists of representatives of the region's businesses and industries, economic and workforce development entities, educational institutions, nonprofit organizations, local governmental bodies, and federal, tribal, and state regulatory authorities. The bill designates regional economic development partnership boards (partnership boards) as the entities that will develop 3-year regional economic development plans, work with partnerships to implement the plans, and provide annual progress reports regarding such implementation to the newly created state regional economic development council (council). The council, which consists of one representative from each partnership and the regional development director of the office, meets periodically with the office and the Colorado economic development commission and annually reports to the governor regarding the progress reports.||04/20/2012 House Committee on Appropriations Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1155||Improvements In College Completion||MASSEY / BACON||H.B. 12-1155 Admissions - basic skills - performance contracts - authorization of private postsecondary institutions - private occupational schools board - appropriation. Under the act, the Colorado commission on higher education (commission) in establishing academic admission standards for state institutions of higher education (institutions) may take into account the rigor of a student's high school courses. The act clarifies the commission's authority to adopt a policy concerning basic skills courses (policy) and directs the commission to ensure the policy is aligned with the academic admission standards. The policy sets the procedures for identifying students who need basic skills courses and procedures by which institutions offer those courses. In setting the standards for basic skills requirements, the commission may differentiate the mathematics requirements based on a student's chosen area of study. While only certain institutions may provide basic skills courses, the commission may authorize other institutions to provide supplemental academic instruction for students who enroll in general education, college-level courses but are identified as having limited skill deficiencies. A student who requires basic skills courses must complete the courses by the time the student completes 30 college-level credit hours. The commission will ensure that the student receives written notice identifying the state institutions that offer the basic skills courses and the approximate cost and availability of the courses. Under the act, the department of higher education (department) will provide its annual report concerning higher education student enrollment and persistence to the department of education, which will post the report on its web site, and the department will distribute student records to the appropriate school districts. The commission has authority to establish each institution's role and mission and to enter into performance contracts with each institution. The act clarifies that the commission must refer to an institution's role and mission and service area as necessary to interpret, with the institution's governing board, the implications of the role and mission and service area for the institution's performance contract. The act directs the commission, in preparing its recommendations on a performance funding model for institutions, to analyze the effects of differentiated Colorado opportunity fund stipend amounts and of limiting the funding for credit hours taken in excess of a certain limit. The act extends the performance contract for the Colorado school of mines (contract) expiration date to the date on which the governor signs a joint resolution passed during the 2013 legislative session to approve a renegotiated contract. The new contract will take effect the day after the joint resolution is signed and will continue in effect until the date on which the governor signs a joint resolution passed during the 2023 legislative session to approve the next contract. For guidelines for general education courses for all public institutions of higher education in the state, the act allows the department and the commission, in consultation with the institutions, to make allowances for baccalaureate programs that have additional degree requirements. The act makes several changes to the existing statutes concerning authorization of private colleges and universities and seminaries and bible colleges (private institutions) in the state, including changing the term "bible college" to "religious training institution". The changes generally clarify the types of institutions that are subject to authorization and specifically require the commission and the department to set procedures for authorizing, renewing, and revoking the authorizations for private institutions. The commission must also set the amount of the fees that a private institution pays for the administration of the authorization process, including a separate fee if a private institution seeks approval of an educator preparation program. Each private institution must also report specified student information. Each private institution must obtain authorization for each campus, branch, or site that is separately accredited and operates in Colorado. Authorizations for private colleges and universities are based on the institution's accreditation and are subject to renewal every 3 years or on the same schedule that applies for renewing the institution's accreditation, whichever is longer. Authorizations for seminaries and religious training institutions are based on whether the institution continues to meet the definition for seminary or religious training institution. The act clarifies the process and standards for renewing authorizations and the conditions and procedures under which the commission may revoke a private institution's authorization or place the authorization on probationary status. The act requires a private institution that ceases operation to turn its records over to the department, authorizes the commission to seek a court order to seize the records in certain circumstances, and makes the records subject to the open records statutes. The department must keep the records for specified periods. Private colleges or universities that meet specified criteria are not required to file a surety or to otherwise demonstrate financial integrity. Each private college or university that does not meet the criteria must demonstrate financial integrity based on evidence that it meets other criteria. If the private college or university cannot demonstrate financial integrity, it must post surety in a specified amount, which surety may be in the form of a bond, that the commission can use to reimburse students for a loss of tuition or fees or to provide services if the institution ceases to operate in Colorado or a student files a claim against the institution. If a private college or university that does not post surety ceases operations in the state, the attorney general may file a claim on behalf of students to recover any unearned, prepaid tuition. Seminaries and religious training institutions are not required to meet any of the criteria, demonstrate financial integrity, or file a surety. The department must maintain a list of authorized private institutions and establish a process for reviewing and acting on complaints against a private institution. The commission may negotiate reciprocal agreements with other states to assist in implementing authorizations for private institutions. The act changes the terms of members appointed to the private occupational schools board (board) so that fewer members will be appointed at one time. Under the act, a student enrolled in a private occupational school who has a complaint against the school must first exhaust any complaint procedures that the school has in place before filing a complaint with the board. For the 2012-13 fiscal year, the act appropriates to the department $75,500 cash funds from fees paid by private institutions. 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 CALENDAR||No news items found|
|HB12-1163||Conditional & Provisional Peace Officer Status||WALLER||The bill repeals the peace officers standards and training board's authority to grant conditional peace officer status. A peace officer may be granted provisional peace officer status if he or she has been a certified peace officer in good standing in another jurisdiction in the last 3 years.||03/22/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1166||Track Utility Data High Performance State Building||JONES / BACON||The bill requires each state agency or department to use commercial utility tracking software to monitor, track, and verify utility vendor bill data pertaining to its state-assisted facilities and annually report to the office of the state architect any necessary information, as determined by the state architect, that the state agency or department uses to ensure that the increased initial costs of the high performance standard certification are recouped. The annual report must also include information related to building performance based on the state-assisted facility's utility consumption. The bill also removes existing law that allows a state-assisted facility to be exempted from complying with the high performance standard requirements for extenuating circumstances that might exist.||02/22/2012 House Committee on Transportation Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1169||Open Meetings & Secret Ballot Leadership Elections||GARDNER B. / BROPHY||The bill prohibits a state or local public body from adopting any proposed policy, position, resolution, rule, or regulation or from taking formal action by secret ballot unless otherwise authorized in accordance with the provisions of the state open meetings law. The bill permits a state or local public body to elect the leadership of that same public body by secret ballot but requires the outcome of the vote to be recorded contemporaneously in the minutes of the body. The bill is not to be construed to affect the existing powers of a school board to use a secret ballot.||03/24/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1214||Community College Two-year Degree Programs||BECKER / NICHOLSON||H.B. 12-1214 Community colleges - two-year dental hygiene degree programs. The act allows a Colorado community college to offer a two-year degree program with academic designation in dental hygiene even though there is not a valid student transfer agreement for the degree program. 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 CALENDAR||No news items found|
|HB12-1219||Funding Emerging Medical Discoveries||MIKLOSI / WILLIAMS S.||The bill establishes a new fund to pay for the costs of clinical trials, governmental approval, and product sales of new medical products discovered at the health sciences center at the university of Colorado. The bill appropriates $10 million to the fund from the general fund.||03/08/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1220||CSU Global Campus And CSU Board Of Governors||BECKER / BACON||H.B. 12-1220 Colorado state university - Global campus governance structure - board of governors changes. The act establishes the governance structure for Colorado state university - global campus (CSU global campus), which will be a baccalaureate and graduate on-line university. CSU global campus will be governed by the CSU system board of governors, which is expanded by two advisory members to include one CSU global campus student and one CSU global campus professor. The act makes several clarifying and conforming changes to the board of governors statutes. APPROVED by Governor April 12, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.||04/12/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1242||Biometric System Monitor Prescription Drugs||MASSEY / BOYD||The bill requires the division of registrations (division) in the department of regulatory agencies, by January 1, 2013, to develop an electronic system to monitor and store in a secure database information pertaining to: |
* The prescribing of prescription drugs;
* The dispensing or delivery of prescription drugs by a prescription drug outlet (PDO) or health care practitioner (practitioner); and
* The dispensing or delivery of restricted over-the-counter substances, also known as methamphetamine precursor drugs, by a PDO or practitioner. Practitioners and PDOs are required to maintain biometric scanning devices and to use those devices to obtain a biometric scan of a person's biometric identifier, such as a fingerprint or retinal scan, and to submit the scan to the database. Practitioners and PDOs are also required, prior to prescribing or dispensing a prescription drug or dispensing a restricted over-the-counter substance, to submit specified information to the database, including:
* The date of the prescription order;
* The name of the substance prescribed or dispensed, including strength, quantity, and directions for use;
* The name and address of the practitioner or PDO, as applicable; and
* The name and address of the person receiving the substance, as applicable, in an encrypted format. Once the information is received, the database assigns a unique identifying number to the particular prescription order or restricted over-the-counter substance and immediately transmits to the practitioner or PDO, as applicable, the following:
* The identifying number for the substance;
* The names of the substances prescribed or dispensed in connection with the biometric scan that may conflict with or overlap the practitioner's prescription order or the restricted over-the-counter substance; and
* The name and address of the practitioner whose prescription order may conflict with or overlap the prescribing practitioner's prescription or restricted over-the-counter substance and the name and address of the practitioner or PDO that dispensed or delivered the conflicting or overlapping prescription or restricted over-the-counter substance. Before dispensing or delivering a prescription drug or restricted over-the-counter substance, the practitioner or PDO is to submit the biometric scan to the database, and the database is to immediately transmit to the practitioner or PDO the following:
* The names of the substances that have been prescribed in connection with the biometric scan that may conflict with or overlap the substance to be dispensed or delivered;
* The name and address of the practitioner whose order may conflict with or overlap the prescription drug or restricted over-the-counter substance to be dispensed or delivered and the full name and address of the practitioner or PDO that dispensed or delivered the conflicting or overlapping prescription or restricted over-the-counter substance;
* A graduated alert system indicating the potential dangers related to dispensing or prescribing the substances as they relate to any conflicting or overlapping prescriptions;
* A warning or critical alert relating to the severity of the conflict or overlap, requiring the practitioner to biometrically acknowledge receipt of the conflict or overlap; and
* A warning or critical alert relating to the severity of the conflict or overlap to additional practitioners who provided or delivered the conflicting or overlapping substances. The bill makes exceptions for practitioners who administer a substance directly to the patient and for substances dispensed in an inpatient or residential facility. A person who fails to comply with the requirements of the bill commits a class 1 misdemeanor.
|03/15/2012 House Committee on Health and Environment Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|HB12-1252||Transparency Of Higher Ed Financial Information||NIKKEL / SPENCE||Currently, the state's revenues and expenditures that are included in the state's official book of record are included in a free, searchable web-based system that is known as the transparency on-line project. A state institution of higher education's transactions are not included in the state's official book of record, and, accordingly, its revenues and expenditures are not included in the web-based system. The bill requires each state institution of higher education to develop, maintain, and make publicly available a searchable, on-line revenue and expenditure database. A state institution is required to include and exclude in its database the same information relating to each revenue and expenditure transaction that the department of transportation is required to include in its revenue and expenditure database. In addition to requiring transparency of all employee salaries anonymously, for each professor, a state institution is required to include information related not only to salary, but also the number of classes the professor personally taught, benefits paid by the institution, travel-related expenses, and grants received. For purposes of the bill, a "state institution of higher education" is defined to mean a public postsecondary institution that is governed by: |
* The board of governors of the Colorado state university system;
* The board of regents of the university of Colorado;
* The board of trustees of the Colorado school of mines; or
* The board of trustees of the university of northern Colorado. The web-based system is required to include a link to all on-line databases.
|05/07/2012 House Second Reading Special Order - Laid Over Daily with Amendments||NOT ON CALENDAR||No news items found|
|HB12-1255||Ending Continuous Appropriation Of State Moneys||BAUMGARDNER||Beginning on July 1, 2012, the bill ends all continuous appropriations from the general fund or any cash fund to any state agency. The general assembly is required to annually appropriate the moneys that were previously continuously appropriated, and it is prohibited from continuously appropriating moneys to a state agency in the future.||05/08/2012 House Committee on Appropriations Refer Amended to House Committee of the Whole||NOT ON CALENDAR||No news items found|
|HB12-1268||Health Facility Safety Inspection Transfer To CDPS||ACREE||Currently, the division of fire safety (division) in the office of preparedness, security, and fire safety within the Colorado department of public safety conducts construction plan reviews and performs inspections of public school buildings to determine compliance with building and fire safety codes. The department of public health and environment (department) is responsible for such reviews and inspections for health facility buildings. Effective July 1, 2012, the bill transfers to the division the department's functions, personnel, and property directed principally for inspections of heath care facilities for conformity to building and fire safety standards. With the exception of certain health facilities for which there are no central buildings used to provide health services to individuals, the division will be responsible for adopting building and fire safety standards, reviewing plans for construction, performing inspections, issuing certificates of occupancy and compliance, and otherwise assessing and enforcing compliance with building and fire safety standards. To reflect its broader scope, the division's public school construction and inspection section is renamed the "health facility and public school construction and inspection section" (section). Laws setting forth the current administrative duties and processes of the division and the section, as they relate to the public school construction and inspection program, are amended to include health facilities. The bill leaves intact the existing authority of a local jurisdiction to adopt and enforce concurrent building and fire safety codes, and describes the interaction between local and division oversight and regulations. The department is prohibited from licensing a health facility unless the division issues to the department a certificate of compliance certifying that the health facility's buildings and structures conform to the building and fire safety standards adopted by the director of the division. Upon receipt of such certificate, the department must take action regarding the pending application for licensure within 30 days.||05/29/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1300||Sunset Continue Professional Review Committees||GARDNER B. / AGUILAR||Sunset Process - House Judiciary Committee. The bill implements the recommendations made by the department of regulatory agencies (DORA) pursuant to DORA's 2011 sunset review report of professional review committees and the committee on anticompetitive conduct. Sections 1 and 2 of the bill continue the functions of professional review committees for 7 years, until 2019. Sections 3 to 7 of the bill authorize professional review of physician assistants and advanced practice nurses. Section 6 of the bill also specifies that the sharing of professional review records and information with regulators and other professional review entities does not waive the professional review privilege or violate applicable confidentiality provisions. Section 8 of the bill requires entities that conduct professional review of physicians or physician assistants to register with the Colorado medical board and report on their activities, and directs the medical board to publish summary data in aggregated form. Section 9 of the bill requires entities that conduct professional review of the practice of advanced practice nursing to register with the nursing board and report on their activities, and directs the nursing board to publish summary date in aggregated form. If an entity fails to register and report as required, the entity and its governing board lose the qualified immunity that would otherwise apply for acts and omissions occurring during the period of noncompliance. The bill also corrects inconsistent references to peer review and professional review and makes nonsubstantive clarifications and corrections to statutory language.||06/04/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1309||Colorado Mandatory E-verify Act||SWALM / KING K.||Under current law, employers are required to examine, and retain records of examining, the legal work status of new employees. The bill enacts the "Colorado Mandatory E-verify Act", which requires all employers in the state, by January 1, 2013, to instead participate in the federal electronic verification program (e-verify program) for purposes of verifying the work eligibility status of all new employees hired by an employer. Employers are subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in the e-verify program. For subsequent offenses, an employer is subject to a fine of up to $25,000 and a 6-month suspension of the employer's business licenses. The department of labor and employment (department) must notify employers via quarterly electronic publications and post a notice on its web site explaining the requirements of the act to employers. Additionally, the bill requires the secretary of state, in consultation with the department, to include information about the requirements of the act on its web site.||05/08/2012 House Committee on Appropriations Refer Unamended to House Committee of the Whole||NOT ON CALENDAR||No news items found|
|HB12-1311||Sunset Continue Pharmacy Board||SUMMERS / BOYD||Sunset Process - House Health and Environment Committee. The bill implements the recommendations of the sunset review and report on the Colorado state board of pharmacy as follows: Recommendation 1 - Contained in C.R.S. section 12-42.5-103 (3)(b) and Section 3 of the bill |
* The bill continues the state board of pharmacy (board) and its functions and the regulation of the practice of pharmacy through September 1, 2021. Recommendation 2 - Contained in C.R.S. sections 12-42.5-106 (1)(j) and 12-42.5-202 (1.5) and Section 2 of the bill
* The bill repeals the rehabilitation evaluation committee, which is tasked with reviewing applications to participate in the pharmacy peer health assistance program and making recommendations to the board. The functions of the rehabilitation evaluation committee are transferred to the board. Recommendation 3 - Contained in C.R.S. section 12-42.5-203 (2)(a)
* The pharmacy peer health assistance program is funded from license and renewal fees, the amount of which are set in statute. The bill permits the board annually to increase license and renewal fees, based on increases in the consumer price index, to cover the costs of the pharmacy peer health assistance program. Recommendation 4 - Contained in C.R.S. section 12-42.5-102 (25)(b)
* The definition of an "other outlet" that registers with the board is expanded to include ambulatory surgical centers, medical clinics operated by hospitals, and long-term care facilities for seniors. Recommendation 5 - Contained in C.R.S. sections 12-42.5-102 (16) and 12-42.5-118 (10)
* Currently, hospitals, which are registered as prescription drug outlets (PDOs), are allowed to operate "satellite" pharmacies that are located in an area outside the PDO but at the same location as the PDO. If a satellite has an address that differs from the PDO, the satellite must obtain a separate registration from the federal drug enforcement agency (DEA), which requires, as a prerequisite, a state registration; however, current law does not permit a separate registration for a satellite that has a different address than the PDO. The bill establishes a new hospital satellite pharmacy registration to require a satellite that is located in a building that is under the same ownership and control as a registered PDO but that has a different address to obtain a separate registration from the board, thereby allowing the hospital satellite pharmacy to obtain its own registration from the DEA. Recommendation 6 - Contained in C.R.S. section 12-42.5-302 (2)
* Current law permits the board to exempt wholesalers who exclusively distribute veterinary prescription drugs from the requirements that otherwise apply to prescription drug wholesalers, including the requirement to maintain records of the pedigree of each wholesale distribution of a prescription drug that occurs outside the normal distribution channel. The bill allows the board to exempt wholesalers that distribute veterinary prescription drugs from the pedigree requirement, regardless of whether the wholesaler exclusively distributes veterinary prescription drugs. Recommendation 7 - Contained in C.R.S. section 12-42.5-119 (3)(b) and 12-64-111 (1)(hh)
* A licensed veterinarian is permitted to issue an oral prescription order to a wholesaler, in which case the veterinarian must provide a written prescription to the wholesaler within 72 hours after issuing the oral order. A licensed veterinarian is subject to discipline by the state board of veterinary medicine if he or she fails to provide a written prescription within 72 hours as required by section 12 of the bill. Recommendation 8 - Contained in C.R.S. section 12-42.5-125 (6)
* Under current law, the board may issue a letter of admonition to a licensee as a form of discipline, but the board is not authorized to issue letters of admonition to registrants. The bill permits the board to issue letters of admonition to registrants as a disciplinary tool. Recommendation 9 - Contained in C.R.S. section 12-42.5-125 (7)
* When the board issues a confidential letter of concern to a licensee or registrant, current law requires the board to send the letter via certified mail. The bill deletes the certified mail requirement, thereby allowing the board to determine the manner in which to transmit the letter to the licensee or registrant. Recommendation 10 - Contained in C.R.S. section 12-42.5-117 (1)(b)
* PDOs are required to employ a pharmacist manager to ensure the PDO operates in accordance with applicable laws. If the pharmacist manager's employment is terminated, either voluntarily or involuntarily, the PDO must replace the former pharmacist manager and, within 14 days after termination of the former pharmacist manager, apply to transfer the registration of the former pharmacist manager to a new pharmacist manager, and pay a transfer fee. The bill extends the deadline for applying for the registration transfer and payment of the fee to 30 days after termination of the former pharmacist manager. Recommendation 11 - Contained in C.R.S. section 12-42.5-204 (1) and (2)(a)
* Current law requires a pharmacist or pharmacy intern to actually experience impaired practice before he or she is allowed to apply to the board for participation in a pharmacy peer health assistance program. The requirement to experience impaired practice is repealed, and a pharmacist or pharmacy intern who recognizes a potential for the existence of a problem that may impair his or her practice is allowed to apply for the program. Recommendation 12 - Contained in C.R.S. section 12-42.5-123 (2)
* When a practitioner determines that an equivalent drug should not be substituted for the prescribed drug, the practitioner must indicate that order by writing "dispense as written" on the prescription order or by initialing in his or her own handwriting a preprinted box labeled "dispense as written". The bill allows the practitioner, when issuing an electronically generated prescription order, to indicate the "dispense as written" by electronic means, including use of an electronic signature. Recommendation 13 - Contained in C.R.S. sections 12-42.5-124 (1)(d) and (1)(r) and 12-42.5-125
* Under current law, a pharmacist or pharmacy intern is subject to discipline if he or she is unfit to practice by reason of a physical or mental illness. The bill removes as grounds for discipline the mere existence of a physical or mental illness and instead authorizes discipline only if the pharmacist or pharmacy intern fails to notify the board of a physical or mental illness or condition that affects his or her ability to safely practice pharmacy; fails to act within the limitations of the illness or condition; or fails to comply with the limitations agreed to under a confidential agreement with the board. Additionally, the bill authorizes the board to enter into a confidential agreement to limit the practice of a pharmacist or pharmacy intern who has a physical or mental illness or condition that impedes his or her ability to practice with reasonable skill and safety. The bill, in C.R.S. section 12-42.5-119 (13), permits interns to practice pharmacy under the direct and immediate supervision of a registered manufacturer or regulated health care-related professional, as determined pursuant to board rule. Section 1 of the bill also recodifies and relocates the laws regulating pharmacists and the practice of pharmacy by the board from article 22 in title 12, C.R.S., to a new article 42.5 in title 12, C.R.S. Section 5 relocates laws pertaining to the licensing of addiction programs and researchers by the department of human services to a new part 2 in article 80 of title 27, C.R.S. Sections 6 through 91 contain conforming amendments related to the recodification and relocations. The bill takes effect July 1, 2012.
|06/08/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1321||Modernization Of The State Personnel System Act||FERRANDINO / JOHNSTON||The state personnel system (system) is established in the state constitution. The following changes are contingent upon the voters approving an amendment to the constitutional provisions related to the system in 2012: |
* Merit principles. The bill makes changes to reflect that appointments and promotions will be based on a comparative analysis of candidates based on objective criteria instead of competitive tests of competence. Section 9 of the bill requires the state personnel director (director) to develop evaluation and examination procedures, describes a comparative analysis and its acceptable forms, and makes conforming amendments related to the change.
* Exemptions. Section 12 of the bill requires the director to establish procedures to approve the exemption of an employee from the state personnel system pursuant to the newly created constitutional exemptions.
* Rule of 6. Section 9 of the bill makes changes to reflect that the number of persons eligible for appointment within the system is increased from the 3 highest persons on the eligible list to the 6 highest.
* State personnel board. Section 5 makes conforming amendments to reflect the constitutional changes related to the state personnel board and eliminates language that duplicates constitutional language.
* Temporary employment. Section 10 of the bill reflects the new constitutional limit on the length of temporary employment and establishes a 4-month waiting period between temporary appointments for the same position. For persons within the state personnel system, the bill replaces the performance awards with merit pay. Section 6 of the bill establishes the following features of the merit pay system:
* The purpose of the merit pay system is to provide salary increases for employees in the state personnel system based on performance evaluations and salary positions within the appropriate salary range;
* The initial system must include quartiles for the salary range distribution and 3 performance categories, but the director may change the number of distribution zones or performance categories based on a biennial review;
* The director shall establish one or more priority groups of employees that have priority to receive merit pay based on available moneys;
* An institution of higher education is permitted to enact its own merit pay system;
* Merit pay is subject to available appropriations;
* The general assembly is required to appropriate any moneys for merit pay in the personal services line item;
* The director must include information about merit pay in the annual compensation report and recommendations; and
* The state employee reserve fund is created with separate accounts for each principal department. If a department does not expend all of the moneys in its operating or personal services line item appropriation, the treasurer is required to transfer an amount equal to the unused appropriation to the department's account. Moneys in a department's account are continuously appropriated to the department to be used for merit pay, but the director of the office of state planning and budgeting must approve such use. In addition, section 8 of the bill requires each department to include the costs of merit pay as part of the costs of personal services in the annual departmental budget requests. Conforming amendments related to merit pay are included in sections 4, 7, and 13 of the bill. Section 11 of the bill makes the following changes related to persons in the system who are separated from state service due to lack of work, lack of funds, or reorganization:
* Bumping rights, which allow a separated employee to take the job from a person with less seniority, are limited to those persons who, as of January 1, 2013, are within 5 years of being eligible for full retirement;
* The director is required to establish by rule procedures for the separation and demotion of certified employees who do not have bumping rights, which procedures give consideration to performance evaluations and seniority;
* All departments are required to consider placing an employee who would otherwise be separated into a funded, vacant position for which the employee is qualified; and
* The director is required to create a layoff plan that may be used by a department to provide postemployment compensation or other benefits to a separated employee, which may include a hiring preference, health benefits, educational training, and severance pay. Section 3 of the bill establishes an exception for the postemployment compensation authorized by the layoff plan established by the director from the current prohibition on such compensation to any government-supported official or employee. The changes related to merit pay, bumping rights, and severance awards are not contingent on the voters approving an amendment to the state constitution.
|06/06/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|HB12-1350||In-state Status Dependents Armed Forces Members||WALLER / HODGE||H.B. 12-1350 Tuition classification - active duty military - dependents. The act allows an institution of higher education (institution) to establish a policy that grants in-state tuition classification to a dependent of an active duty member of the United States armed forces (dependent) if the dependent enrolls in the institution and graduated from a high school outside of Colorado, so long as the dependent completed at least 2 years at a high school in Colorado within 5 years prior to enrollment in the institution. APPROVED by Governor June 8, 2012 EFFECTIVE June 8, 2012||06/08/2012 Governor Action - Signed||NOT ON CALENDAR||Gov. Hickenlooper finishes signing bills passed this year by the General Assembly|
|HCR12-1001||State Personnel System||FERRANDINO & ... / JOHNSTON & ...||*** No bill summary available ***||05/08/2012:48 AM 04:10 Signed by the President of the Senate||NOT ON CALENDAR||No news items found|
|SB12-001||Contracting 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 CALENDAR||No news items found|
|SB12-004||Preference For US Materials In Public Contracts||FOSTER / MIKLOSI||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.
|05/10/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|SB12-015||Creating 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 CALENDAR||GOP Lawmakers Challenge Hickenlooper On Subsidized Tuition For Illegal Alien Students|
|SB12-020||Immunity For Reporters Of Overdoses||AGUILAR / SUMMERS||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||05/29/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|SB12-025||Concealed 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 CALENDAR||No news items found|
|SB12-040||Higher Ed Facilities Eligible For Controlled Maint||BACON / VIGIL||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||04/16/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|SB12-045||Higher Ed Associate Degree Transfer Students||HUDAK / MASSEY||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||04/18/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|SB12-058||Venture Capital Advisory Board||HEATH||The bill establishes the venture capital advisory board. The advisory board is required to create a report regarding venture capital investment in the state, provide the report to the general assembly, and present the report to the economic and business development committee of the house of representatives and the business, labor, and technology committee of the senate. A copy of the report will be available on the web site maintained by the Colorado economic development commission.||03/13/2012 House Committee on Economic and Business Development Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|SB12-085||Reducing General Fund Expenditures||MITCHELL||Returns eligibility and services in medicaid and the children's basic health plan to the 2006 level by: |
* Repealing eligibility for certain qualified aliens and their children, certain children in foster care, persons in the medicaid buy-in program, and childless adults;
* Lowering the income level for parents of children eligible for medicaid from 100% to 60% of the federal poverty line;
* Eliminating 12 months of continuous eligibility for children;
* Replacing advanced practice nurses services with nurse-midwife services;
* Repealing from the list of optional services eligible for reimbursement under medicaid: Over-the-counter medications; outpatient substance abuse treatment; cervical cancer immunization for females under 20 years of age; screening, brief intervention, and referral to treatment for individuals at risk of substance abuse; and alternative therapies for persons with spinal cord injuries.
* Eliminating presumptive eligibility for children and certain persons eligible for long-term care; and
* Lowering the income level for eligibility under the children's basic health plan from 250% to 205% of the federal poverty line. The bill makes conforming amendments.
|02/09/2012 Senate Committee on Health and Human Services Postpone Indefinitely||NOT ON CALENDAR||No news items found|
|SB12-111||Full-time Equivalent Employees Dept Reporting||HODGE / LEVY||S.B. 12-111 Full-time equivalent employees - departmental reports. The act makes the following changes to a departmental report related to full-time equivalent employees (FTEs): The report will be prepared on an annual basis; A department is not required to reconcile the number of positions authorized with the number of payroll warrants issued; The department of higher education is to report the number of positions authorized at each institution of higher education; and Each department will submit its reconciliation or report to the department of personnel, and the department of personnel will submit the report to the office of state planning and budgeting and the joint budget committee. APPROVED by Governor March 19, 2012 EFFECTIVE August 8, 2012 NOTE: This act was passed without a safety clause.||03/19/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|SB12-134||Hospital Payment Assistance Program||AGUILAR||The bill requires each hospital to make available to patients, and to communicate to each patient, information about the hospital's charity program and discount program in a clear and understandable manner and in languages appropriate to its communities. The bill also requires hospitals to offer a discount to each qualified patient. A qualified patient is defined as an uninsured patient who has a family income of not more than 400% of the federal poverty income level and who does not receive a discount through the Colorado indigent care program. A hospital is prohibited from charging a patient for more than the cost of providing care. The bill requires each hospital to offer to screen each patient for the discount program and any other financial assistance offered by the hospital. Each hospital is required to offer a payment plan to an eligible patient and to fulfill specific obligations before sending a bill to a collection agency for payment.||05/07/2012 Governor Action - Signed||NOT ON CALENDAR||No news items found|
|SB12-140||Generally 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 CALENDAR||No news items found|
|SB12-150||State 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 CALENDAR||No news items found|
|SB12-167||Higher Education Student Health Trusts And Plans||HEATH / PABON||The bill authorizes state institutions of higher education to establish student health trusts for self-funded health plans established by the institutions to provide health benefits to students and their eligible dependents. It exempts the trusts and self-funded plans from the state insurance regulations but requires reports to be filed with, and authorizes examinations by, the commissioner of insurance.||05/01/2012 Senate Second Reading Lost||NOT ON CALENDAR||No news items found|