Inclusion of a bill on this report does not constitute any position on CDPHE's part. This report is for informational purposes only.


HB13-1007 Early Childhood & School Readiness Leg Commission 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: PENISTON / HUDAK
Summary: The general assembly originally created the early childhood and school readiness legislative commission (commission) in 2009, and the commission repealed on July 1, 2012. The bill recreates the commission as it previously existed, but the commission will be staffed by legislative staff and will be eligible for funding through the appropriation for legislative studies. The commission repeals July 1, 2018.
Status: 06/05/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1015 Disclose Mental Health Claims All-payer Database 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: KRAFT-THARP / KEFALAS
Summary: Current law prohibits small group health plans from disclosing mental health history, diagnosis, or treatment services information received in an initial application for coverage, or in subsequent claims for benefits, without the written consent of the insured person. The bill repeals this prohibition, thereby enabling small group carriers to report mental health claims data to the all-payer claims database.
Status: 03/15/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1020 Testing Evidence Of Sexual Assault 
Comment:
Calendar Notification: Wednesday, May 8 2013
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE
(4) in house calendar.
Sponsors: MCNULTY / ROBERTS
Summary: The bill requires the executive director of the department of public safety to adopt rules concerning forensic medical evidence of a sexual assault (forensic evidence) collected by law enforcement agencies. The rules shall include:
* Standards for when forensic evidence must be submitted by law enforcement agencies to the Colorado bureau of investigation or another accredited crime laboratory (laboratory); and
* Time frames for when the forensic evidence must be submitted, analyzed, and compared to DNA databases. The bill requires the consent of the victim prior to the release of forensic evidence following disclosure of the purpose for the release and allows the victim to withdraw consent. To resolve the backlog of unanalyzed forensic evidence, the bill requires:
* Law enforcement agencies to submit to the Colorado bureau of investigation (CBI) an inventory of all unanalyzed forensic evidence in active investigations that meets the standard for mandatory submission; and
* The CBI to submit a plan to analyze all of the forensic evidence inventories by law enforcement agencies. A law enforcement agency may develop its own plan to analyze forensic evidence if the evidence will be analyzed by June 30, 2014.
Status: 06/05/2013 Governor Action - Signed
Amendments:

House Journal, February 8
15 HB13-1020 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend printed bill, strike everything below the enacting clause and
20 substitute the following:
21
22 "SECTION 1. In Colorado Revised Statutes, add 24-33.5-112 as
23 follows:
24 24-33.5-112. Forensic medical evidence in sexual assault cases
25 - rules - testing - confidentiality - repeal. (1) Rules. (a) ON OR BEFORE
26 THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
27 EXECUTIVE DIRECTOR SHALL BEGIN THE PROCESS OF PROMULGATING
28 RULES FOR FORENSIC MEDICAL EVIDENCE COLLECTED IN CONNECTION
29 WITH AN ALLEGED SEXUAL ASSAULT. NOT LESS THAN NINETY DAYS PRIOR
30 TO THE PROMULGATION OF THE RULES, THE DIVISION SHALL CONVENE A
31 REPRESENTATIVE GROUP OF PARTICIPANTS AS DEFINED IN SECTION
32 24-4-102 (14.5) TO SOLICIT INPUT INTO THE DEVELOPMENT OF THE RULES.
33 THE REPRESENTATIVE GROUP MUST INCLUDE PERSONS AFFECTED BY THE
34 RULES AND PERSONS RESPONSIBLE FOR IMPLEMENTATION OF THE RULES.
35 THE DIVISION MAY CONVENE AS MANY MEETINGS OF THE REPRESENTATIVE
36 GROUP AS IS NECESSARY.
37 (b) ON OR BEFORE SIX MONTHS AFTER THE EFFECTIVE DATE OF
38 THIS SECTION, THE EXECUTIVE DIRECTOR SHALL PROMULGATE THE RULES.
39 THE RULES MUST INCLUDE:
40 (I) A REQUIREMENT THAT FORENSIC EVIDENCE MUST BE
41 COLLECTED IF A VICTIM OF AN ALLEGED SEXUAL ASSAULT REQUESTS IT TO
42 BE COLLECTED;
43 (II) STANDARDS FOR WHAT EVIDENCE MUST BE SUBMITTED TO THE
44 COLORADO BUREAU OF INVESTIGATION OR ANOTHER ACCREDITED CRIME
45 LABORATORY;
46 (III) TIME FRAMES FOR WHEN THE EVIDENCE MUST BE SUBMITTED,
47 ANALYZED, AND COMPARED TO DNA DATABASES. THE RULES ON TIME
48 FRAMES MUST INDICATE THAT EVIDENCE THAT MEETS THE CRITERIA FOR
49 MANDATORY SUBMISSION MUST BE SUBMITTED WITHIN TWENTY-ONE DAYS
50 AFTER RECEIPT BY A LAW ENFORCEMENT AGENCY.
51 (IV) STANDARDS FOR CONSENT FOR THE COLLECTION, TESTING,
52 AND RELEASE OF TEST RESULTS OF THE FORENSIC MEDICAL EVIDENCE,
53 INCLUDING BUT NOT LIMITED TO:
54 (A) CONSENT FORMS THAT NOTIFY PERSONS OF THE POTENTIAL
55 EFFECTS OF EACH STEP OF THE PROCESS, INCLUDING COLLECTION, TESTING,
56 AND RELEASE OF TEST RESULTS AND REQUIRE ACKNOWLEDGMENT OF
1 CONSENT FOR EACH STEP OF THE PROCESS;
2 (B) WHO MAY GIVE CONSENT AND WHEN IS IT REQUIRED;
3 (C) WHO MAY WITHDRAW CONSENT AND WHEN IT MAY BE
4 WITHDRAWN; AND
5 (D) WHEN AND HOW RESULTS OF TESTS MAY BE RELEASED AND
6 FOR WHAT PURPOSES.
7 (2) LAW ENFORCEMENT AND MEDICAL PERSONNEL SHALL NOT, FOR
8 ANY REASON, DISCOURAGE A VICTIM OF AN ALLEGED SEXUAL ASSAULT
9 FROM RECEIVING A FORENSIC MEDICAL EXAMINATION.
10 (3) Compliance. (a) (I) ON AND AFTER NINETY DAYS AFTER THE
11 PROMULGATION OF THE RULES AUTHORIZED BY PARAGRAPH (b) OF
12 SUBSECTION (1) OF THIS SECTION, ALL LAW ENFORCEMENT AGENCIES IN
13 THE STATE SHALL COMPLY WITH THE PROMULGATED RULES.
14 (II) THE FAILURE OF A LAW ENFORCEMENT AGENCY TO COMPLY
15 WITH THE RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF
16 SUBSECTION (1) OF THIS SECTION DOES NOT AFFECT:
17 (A) THE AUTHORITY OF THE AGENCY TO SUBMIT THE EVIDENCE TO
18 THE COLORADO BUREAU OF INVESTIGATION OR OTHER ACCREDITED CRIME
19 LABORATORY;
20 (B) THE AUTHORITY OF THE COLORADO BUREAU OF
21 INVESTIGATION OR OTHER ACCREDITED CRIME LABORATORY TO ANALYZE
22 THE EVIDENCE OR PROVIDE RESULTS OF THE ANALYSIS TO APPROPRIATE
23 PERSONS; OR
24 (C) THE ADMISSIBILITY OF THE EVIDENCE IN ANY COURT.
25 (b) ON AND AFTER NINETY DAYS AFTER THE PROMULGATION OF
26 THE RULES DESCRIBED IN PARAGRAPH (b) OF SUBSECTION (1) OF THIS
27 SECTION, ALL PERSONNEL AT A MEDICAL FACILITY PERFORMING A
28 FORENSIC MEDICAL EXAMINATION AND ALL OTHER PERSONS HAVING
29 CUSTODY OF FORENSIC MEDICAL EVIDENCE COLLECTED IN CONNECTION
30 WITH AN ALLEGED SEXUAL ASSAULT OR THE RESULTS OF TESTS
31 CONDUCTED ON THE EVIDENCE SHALL COMPLY WITH THE PROMULGATED
32 RULES.
33 (c) A PERSON WHO RECEIVES EVIDENCE OR RESULTS OF TESTS
34 UNDER THIS SECTION SHALL NOT DISCLOSE THE EVIDENCE OR TEST
35 RESULTS EXCEPT TO THE EXTENT THAT DISCLOSURE IS CONSISTENT WITH
36 THE AUTHORIZED PURPOSE FOR WHICH THE PERSON OBTAINED THE
37 EVIDENCE.
38 (4) Backlog. (a) ON OR BEFORE NINETY DAYS AFTER THE
39 EFFECTIVE DATE OF THIS SECTION, EACH LAW ENFORCEMENT AGENCY
40 SHALL SUBMIT TO THE COLORADO BUREAU OF INVESTIGATION AN
41 INVENTORY OF ALL FORENSIC MEDICAL EVIDENCE OF ANY ALLEGED
42 SEXUAL ASSAULTS THAT HAVE NOT BEEN ANALYZED BY THE COLORADO
43 BUREAU OF INVESTIGATION OR OTHER ACCREDITED CRIME LABORATORY
44 AND THAT:
45 (I) IS FOR AN ACTIVE CRIMINAL INVESTIGATION; AND
46 (II) MEETS THE CRITERIA FOR MANDATORY TESTING PURSUANT TO
47 THE RULES ADOPTED BY THE EXECUTIVE DIRECTOR PURSUANT TO
48 SUBSECTION (1) OF THIS SECTION.
49 (b) SUBJECT TO AVAILABLE LABORATORY SPACE, ON OR BEFORE
50 NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH LAW
51 ENFORCEMENT AGENCY SHALL FORWARD TO THE COLORADO BUREAU OF
52 INVESTIGATION OR OTHER ACCREDITED CRIME LABORATORY THE FORENSIC
53 MEDICAL EVIDENCE IDENTIFIED ON THE INVENTORY SUBMITTED TO THE
54 COLORADO BUREAU OF INVESTIGATION.
55 (c) ON OR BEFORE ONE HUNDRED TWENTY DAYS AFTER THE
56 EFFECTIVE DATE OF THIS SECTION, THE COLORADO BUREAU OF
1 INVESTIGATION SHALL SUBMIT TO THE GOVERNOR AND TO THE JUDICIARY
2 COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES, OR ANY
3 SUCCESSOR COMMITTEES, A PROPOSED PLAN FOR ANALYZING BY JUNE 30,
4 2014, ALL OF THE FORENSIC MEDICAL EVIDENCE OF ALLEGED SEXUAL
5 ASSAULTS INVENTORIED PURSUANT TO PARAGRAPH (a) OF THIS
6 SUBSECTION (4).
7 (d) A LAW ENFORCEMENT AGENCY MAY DEVELOP ITS OWN PLAN TO
8 ANALYZE FORENSIC MEDICAL EVIDENCE OF ALLEGED SEXUAL ASSAULTS IF
9 ALL EVIDENCE IS ANALYZED BY JUNE 30, 2014. IF A LAW ENFORCEMENT
10 AGENCY DEVELOPS ITS OWN PLAN, IT SHALL NOT FORWARD AN INVENTORY
11 OF THE FORENSIC MEDICAL EVIDENCE TO THE COLORADO BUREAU OF
12 INVESTIGATION AS REQUIRED BY PARAGRAPH (a) OF THIS SUBSECTION (4).
13 (e) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2015.
14 SECTION 2. Safety clause. The general assembly hereby finds,
15 determines, and declares that this act is necessary for the immediate
16 preservation of the public peace, health, and safety.".
17
18


Fiscal Notes:

Fiscal Note


HB13-1021 Improving School Attendance 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: FIELDS / HUDAK
Summary: The bill requires each school district to monitor student attendance and to identify:
* each student who is chronically absent. A student is chronically absent if he or she is absent, excused or unexcused, for 10 percent or more of the school year;
* each student who has a significant number of unexcused absences; and
* each student who is habitually truant. A student is habitually truant if he or she has 4 unexcused absences in one month or 10 unexcused absences in a school year. If a student is chronically absent, the school district must implement best practices and research-based strategies to improve the student's attendance. If a student is habitually truant, the school district shall contact the local collaborative management group, juvenile support services group, or other local community services group to coordinate the creation of a multidisciplinary plan to improve the student's school attendance. A school district shall initiate court proceedings to enforce school attendance requirements but only if implementation of the student's multidisciplinary plan is unsuccessful. If a school district initiates court proceedings, it must submit evidence of the student's attendance record and the efforts made to improve the student's attendance. If the court issues an order to compel attendance, the order must also require the parent and student to cooperate in implementing the multidisciplinary plan. Under current law, the court may sentence the student to detention if the student does not comply with the valid court order. The bill limits the term of detention to no more than 5 days. Under current law, a person who is 17 years of age or older may take the GED. A student who is 16 years of age may take the GED, but only if the student provides evidence that the GED is necessary for the student to participate in an educational or vocational program. Under the bill, a student who is 16 years of age and who is under the jurisdiction of the juvenile court may take the GED if the judicial officer or administrative hearing officer finds it is in the student's best interest to do so. The bill clarifies that a school district that is required to provide educational services to a juvenile detention facility shall provide the services for a number of hours that is comparable to the compulsory school attendance requirements and shall provide educational services that align with, and are designed to enable the juveniles to meet, the state model content standards.
Status: 05/28/2013 Governor Action - Signed
Amendments:

House Journal, February 5
21 HB13-1021 be amended as follows, and as so amended, be referred to
22 the Committee on Appropriations with favorable
23 recommendation:
24
25 Amend printed bill, strike everything below the enacting clause and
26 substitute:
27
28 "SECTION 1. In Colorado Revised Statutes, 22-33-108, amend
29 (5), (6), and (7) as follows:
30 22-33-108. Judicial proceedings. (5) (a) As a last-resort
31 approach for addressing the problem of truancy, to be used only after a
32 school district has attempted other options for addressing truancy that
33 employ best practices and research-based strategies to minimize the need
34 for court action and the risk of detention orders against a child or parent,
35 court proceedings shall be initiated to compel compliance with the
36 compulsory attendance statute after the parent and the child have been
37 given written notice by the attendance officer of the school district or of
38 the state that proceedings will be initiated if the child does not comply
39 with the provisions of this article. IT IS THE INTENT OF THE GENERAL
40 ASSEMBLY THAT, IN ENFORCING THE COMPULSORY SCHOOL ATTENDANCE
41 REQUIREMENTS OF THIS ARTICLE, A SCHOOL DISTRICT SHALL EMPLOY BEST
42 PRACTICES AND RESEARCH-BASED STRATEGIES TO MINIMIZE THE NEED FOR
43 COURT ACTION AND THE RISK THAT A COURT WILL ISSUE DETENTION
44 ORDERS AGAINST A CHILD OR PARENT.
45 (b) A SCHOOL DISTRICT SHALL INITIATE COURT PROCEEDINGS TO
46 COMPEL A CHILD AND THE CHILD'S PARENT TO COMPLY WITH THE
47 ATTENDANCE REQUIREMENTS SPECIFIED IN THIS ARTICLE BUT ONLY AS A
48 LAST-RESORT APPROACH TO ADDRESS THE CHILD'S TRUANCY AND ONLY IF
49 A CHILD CONTINUES TO BE HABITUALLY TRUANT AFTER SCHOOL OR
50 SCHOOL DISTRICT PERSONNEL HAVE CREATED AND IMPLEMENTED A PLAN
51 PURSUANT TO SECTION 22-33-107 (3) TO IMPROVE THE CHILD'S SCHOOL
52 ATTENDANCE.
53 (c) BEFORE INITIATING COURT PROCEEDINGS TO COMPEL
54 COMPLIANCE WITH THE ATTENDANCE REQUIREMENTS SPECIFIED IN THIS
55 ARTICLE, THE SCHOOL DISTRICT SHALL GIVE THE CHILD AND THE CHILD'S
56 PARENT WRITTEN NOTICE THAT THE SCHOOL DISTRICT WILL INITIATE
1 PROCEEDINGS IF THE CHILD DOES NOT COMPLY WITH THE ATTENDANCE
2 REQUIREMENTS OF THIS ARTICLE. The school district may combine the
3 notice and summons. If combined, the petition shall MUST state the date
4 on which THE SCHOOL DISTRICT WILL INITIATE proceedings, will be
5 initiated, which date shall MUST not be less than five days from AFTER the
6 date of the notice and summons. The notice shall MUST state the
7 provisions of this article with which compliance is required and shall
8 MUST state that the SCHOOL DISTRICT WILL NOT INITIATE proceedings will
9 not be brought if the child complies with that provision THE IDENTIFIED
10 PROVISIONS before the filing of the proceeding PROCEEDINGS ARE FILED.
11 (d) IF A SCHOOL DISTRICT INITIATES COURT PROCEEDINGS
12 PURSUANT TO THIS SUBSECTION (5), THE SCHOOL DISTRICT, AT A MINIMUM,
13 MUST SUBMIT TO THE COURT EVIDENCE OF:
14 (I) THE CHILD'S ATTENDANCE RECORD PRIOR TO AND AFTER THE
15 POINT AT WHICH THE CHILD WAS IDENTIFIED AS HABITUALLY TRUANT;
16 (II) THE INTERVENTIONS AND STRATEGIES USED TO IMPROVE THE
17 CHILD'S ATTENDANCE BEFORE SCHOOL OR SCHOOL DISTRICT PERSONNEL
18 CREATED THE CHILD'S PLAN DESCRIBED IN SECTION 22-33-107 (3); AND
19 (III) THE CHILD'S PLAN AND THE EFFORTS OF THE CHILD, THE
20 CHILD'S PARENT, AND SCHOOL OR SCHOOL DISTRICT PERSONNEL TO
21 IMPLEMENT THE PLAN.
22 (6) In the discretion of The court before which a proceeding to
23 compel attendance is brought MAY ISSUE, IN ITS DISCRETION, an order may
24 be issued against the child or the child's parent or both compelling the
25 child to attend school as provided by this article or compelling the parent
26 to take reasonable steps to assure the child's attendance. The order may
27 MUST require the child or AND parent or both to follow an appropriate
28 treatment plan that addresses problems affecting the child's school
29 attendance and that ensures the child has an opportunity to obtain a
30 quality education TO COOPERATE WITH THE SCHOOL DISTRICT IN
31 COMPLYING WITH THE PLAN CREATED FOR THE CHILD PURSUANT TO
32 SECTION 22-33-107 (3).
33 (7) (a) If the child does not comply with the valid court order
34 issued against the child or against both the parent and the child, the court
35 may order that an investigation ASSESSMENT FOR NEGLECT AS DESCRIBED
36 IN SECTION 19-3-102 (1), C.R.S., be conducted as provided in section
37 19-2-510 (2) 19-3-501, C.R.S. and IN ADDITION, the court may order the
38 child to show cause why he or she should not be held in contempt of
39 court.
40 (b) The court may include as a sanction IMPOSE SANCTIONS after
41 a finding of contempt an appropriate treatment plan that may include, but
42 need not be limited to, community service to be performed by the child,
43 supervised activities, participation in services for at-risk students, as
44 described by section 22-33-204, and other activities having goals that
45 shall ensure that the child has an opportunity to obtain a quality
46 education.
47 (b) (c) IF THE COURT FINDS THAT THE CHILD HAS REFUSED TO
48 COMPLY WITH THE PLAN CREATED FOR THE CHILD PURSUANT TO SECTION
49 22-33-107 (3), the court may impose on the child as a sanction for
50 contempt of court a sentence to incarceration to any OF DETENTION FOR
51 NO MORE THAN FIVE DAYS IN A juvenile detention facility operated by or
52 under contract with the department of human services pursuant to section
53 19-2-402, C.R.S., and any rules promulgated by the Colorado supreme
54 court.
755 SECTION 2. In Colorado Revised Statutes, amend 22-33-104.
56 as follows:
1 22-33-104.7. Eligibility for the general educational
2 development tests. (1) Any child A STUDENT WHO IS sixteen years of age
3 AND who submits written evidence of a need to take the GED to be
4 eligible for an educational or vocational program shall be IS eligible to sit
5 for the GED after complying with all statutory and regulatory
6 requirements in regard to GED testing.
7 (2) (a) A STUDENT WHO IS SIXTEEN YEARS OF AGE AND WHO IS
8 SUBJECT TO THE JURISDICTION OF THE JUVENILE COURT IS ELIGIBLE TO SIT
9 FOR THE GED IF THE JUDICIAL OFFICER OR ADMINISTRATIVE HEARING
10 OFFICER WHO HAS RESPONSIBILITY FOR THE STUDENT'S CASE FINDS THAT
11 SITTING FOR THE GED IS IN THE STUDENT'S BEST INTERESTS BASED ON:
12 (I) THE NUMBER OF CREDITS THAT THE STUDENT HAS EARNED
13 TOWARD HIGH SCHOOL GRADUATION AND THE NUMBER NEEDED TO
14 GRADUATE;
15 (II) THE OUTCOME OF PREVIOUS CREDIT RECOVERY AND SCHOOL
16 REENGAGEMENT PLANS, IF ANY, CREATED FOR THE STUDENT BY THE
17 SCHOOL IN WHICH THE STUDENT WAS MOST RECENTLY ENROLLED; AND
18 (III) THE DESIRES OF THE STUDENT AND THE STUDENT'S PARENT
19 CONCERNING RETURNING TO SCHOOL OR SITTING FOR THE GED.
20 (b) BEFORE SITTING FOR THE GED, A STUDENT WHO IS ELIGIBLE
21 PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2) SHALL COMPLY
22 WITH ALL STATUTORY AND REGULATORY REQUIREMENTS IN REGARD TO
23 GED TESTING.
24 SECTION 3. In Colorado Revised Statutes, 19-2-402, amend (3)
25 (a) as follows:
26 19-2-402. Juvenile detention services and facilities to be
27 provided by department of human services - education.
28 (3) (a) (I) JUVENILES IN A JUVENILE DETENTION FACILITY ARE EXEMPT
29 FROM COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS PURSUANT TO
30 SECTION 22-33-104 (2) (f), C.R.S. HOWEVER, IT IS THE INTENT OF THE
31 GENERAL ASSEMBLY THAT, WHILE IN DETENTION, JUVENILES COMPLY WITH
32 THE HOURLY REQUIREMENTS FOR ATTENDANCE SPECIFIED IN SECTION
33 22-33-104 (1), C.R.S., AND RECEIVE A LEVEL OF EDUCATIONAL SERVICES
34 THAT IS COMPARABLE TO WHAT THEY WOULD RECEIVE IF ATTENDING A
35 PUBLIC SCHOOL.
36 (II) The school boards of the school districts that a juvenile
37 detention facility serves or in which the juvenile detention facility is
38 located when requested by the judge of the juvenile court, shall furnish
39 teachers and any books or equipment needed for the proper education of
40 such juveniles as may be present THE JUVENILES WHO ARE in the juvenile
41 detention facility. THE SCHOOL DISTRICTS SHALL ENSURE THAT
42 EDUCATION SERVICES ARE AVAILABLE FOR A SUFFICIENT NUMBER OF
43 HOURS PER DAY TO ENABLE A JUVENILE TO COMPLY WITH THE SCHOOL
44 ATTENDANCE REQUIREMENTS SPECIFIED IN SECTION 22-33-104 (1) (a),
45 C.R.S., AND THAT THE EDUCATIONAL CONTENT PROVIDED ALIGNS WITH,
46 AND IS DESIGNED TO ASSIST A JUVENILE IN ACHIEVING, THE STATEWIDE
47 MODEL CONTENT STANDARDS ADOPTED PURSUANT TO SECTION 22-7-1005,
48 C.R.S.
49 SECTION 4. Act subject to petition - effective date. This act
50 takes effect at 12:01 a.m. on the day following the expiration of the
51 ninety-day period after final adjournment of the general assembly (August
52 7, 2013, if adjournment sine die is on May 8, 2013); except that, if a
53 referendum petition is filed pursuant to section 1 (3) of article V of the
54 state constitution against this act or an item, section, or part of this act
55 within such period, then the act, item, section, or part will not take effect
56 unless approved by the people at the general election to be held in
1 November 2014 and, in such case, will take effect on the date of the
2 official declaration of the vote thereon by the governor.".
3
4 Page 1, line 103, strike "REQUIRING SCHOOLS TO ADDRESS".
5
6 Page 1, strike line 104.
7
8

House Journal, March 8
47 Amendment No. 1, Education Report, dated February 4, 2013, and placed
48 in member's bill file; Report also printed in House Journal, February 5,
49 2013, page(s) 183-186.
50
51 Amendment No. 2, by Representative(s) Fields.
52
53 Amend the Education Committee Report, dated February 4, 2013, page
54 4, strike lines 14 through 18 and substitute "GENERAL ASSEMBLY THAT
55 THE JUVENILE DETENTION FACILITY AND SCHOOL DISTRICT IN WHICH THE
56 FACILITY IS LOCATED COOPERATE TO ENSURE THAT EACH JUVENILE WHO
1 IS IN DETENTION IS OFFERED EDUCATIONAL SERVICES AT THE GRADE LEVEL
2 IDENTIFIED FOR THE JUVENILE IN A TIME FRAME THAT ALIGNS WITH THE
3 HOURLY REQUIREMENTS FOR ATTENDANCE SPECIFIED IN SECTION
4 22-33-104 (1), C.R.S.".
5
6 Page 4, strike lines 21through 31 and substitute "located, when requested
7 by the judge of the juvenile court, shall furnish teachers and any books or
8 equipment needed for the proper education of such juveniles as may be
9 present in the juvenile detention facility TO PROVIDE EDUCATIONAL
10 SERVICES THAT ALIGN WITH, AND ARE DESIGNED TO ASSIST EACH JUVENILE
11 IN ACHIEVING, THE STATEWIDE MODEL CONTENT STANDARDS ADOPTED
12 PURSUANT TO SECTION 22-7-1005, C.R.S., FOR EACH JUVENILE'S
13 IDENTIFIED GRADE LEVEL. THE SCHOOL DISTRICTS AND THE PERSONNEL AT
14 THE DETENTION FACILITY SHALL COOPERATE TO ENSURE THAT THE
15 EDUCATIONAL SERVICES ARE AVAILABLE TO THE JUVENILES IN THE
16 FACILITY IN A TIME FRAME THAT ALIGNS WITH THE HOURLY
17 REQUIREMENTS FOR ATTENDANCE SPECIFIED IN SECTION 22-33-104 (1),
18 C.R.S.".
19
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
23
24


Fiscal Notes:

Fiscal Note


HB13-1022 Proof Of Motor Vehicle Insurance 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HOLBERT / JAHN
Summary: The bill makes providing false evidence of proof of motor vehicle insurance a class B traffic infraction punishable by a fine of $500. The bill also allows a court clerk's office to dismiss a charge of violation of the compulsory auto insurance requirement if it verifies there was a policy in effect at the time of the alleged violation using the uninsured motorist database.
Status: 04/26/2013 Governor Action - Signed
Amendments:

House Journal, March 8
12 Amendment No. 1, Judiciary Report, dated January 24, 2013, and placed
13 in member's bill file; Report also printed in House Journal, January 25,
14 2013, page(s) 112.
15
16 Amendment No. 2, Appropriations Report, dated March 1, 2013, and
17 placed in member's bill file; Report also printed in House Journal, March
18 1, 2013, page(s) 447.
19
20 Amendment No. 3, by Representative(s) Kagan.
21
22 Amend the Judiciary Committee Report, dated January 24, 2013, page 1,
23 before line 1 insert "Amend printed bill, page 2, line 16 after "penalty."
24 insert "(1)"."
25
26 Page 1 of the report, line 1, strike "Amend printed bill, page 2," and
27 substitute "Page 2 of the bill,".
28 Page 1 of the report, strike line 3 and substitute: "Page 3 of the bill, line
29 6, strike everything after "LAW.".
30
31 Page 3 of the bill, strike line 7 and substitute:
32
33 "(2) VIOLATION OF THIS SECTION IS A CLASS B TRAFFIC
34 INFRACTION, PUNISHABLE BY A FINE OF UP TO FIVE HUNDRED DOLLARS.
35 (3) A PERSON WHO IS CONVICTED OF, WHO ADMITS LIABILITY
36 FOR, OR AGAINST WHOM A JUDGMENT IS ENTERED FOR A VIOLATION OF
37 THIS SECTION SHALL BE DEEMED, BUT ONLY FOR PURPOSES OF SECTION
38 18-1-408, C.R.S., TO HAVE BEEN CONVICTED OF A CRIMINAL OFFENSE.".".
39
40 As amended, ordered engrossed and placed on the Calendar for Third
41 Reading and Final Passage.


Fiscal Notes:

Fiscal Note


HB13-1043 Modify Definition Of Deadly Weapon 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: FOOTE
Summary: Under current law, for the purposes of criminal law, a deadly weapon is defined as a firearm, whether loaded or unloaded; a knife; a bludgeon; or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used is capable of producing death or serious bodily injury. The bill modifies this definition so that a firearm, whether loaded or unloaded, qualifies as a deadly weapon regardless of the manner in which it is used or intended to be used.
Status: 03/15/2013 Governor Action - Signed
Amendments:

House Journal, February 8
20 HB13-1043 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend printed bill, page 2, strike lines 4 through 12 and substitute:
25
26 "18-1-901. Definitions. (3) (e) "Deadly weapon" means: any of
27 the following which in the manner it is used or intended to be used is
28 capable of producing death or serious bodily injury:
29 (I) A firearm, whether loaded or unloaded; OR
30 (II) A knife, BLUDGEON, OR ANY OTHER WEAPON, DEVICE,
31 INSTRUMENT, MATERIAL, OR SUBSTANCE, WHETHER ANIMATE OR
32 INANIMATE, THAT, IN THE MANNER IT IS USED OR INTENDED TO BE USED,
33 IS CAPABLE OF PRODUCING DEATH OR SERIOUS BODILY INJURY.
34 (III) A bludgeon; or
35 (IV) Any other weapon, device, instrument, material, or
36 substance, whether animate or inanimate.".
37
38


Fiscal Notes:

Fiscal Note


HB13-1048 Deadly Force Against Intruder At A Business 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: EVERETT / GRANTHAM
Summary: The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses.
Status: 02/04/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1061 Responsible Medical Marijuana Vendor Standards 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: MORENO
Summary: A person who wants to operate a responsible medical marijuana vendor server and seller training program (program) must submit an application to the medical marijuana state licensing authority (authority). The authority shall approve a program if the program contains, at a minimum, the following components:
* Program standards that specify, at a minimum, who must attend, the time frame for new staff to attend, recertification requirements, record-keeping, testing and assessment protocols, and effectiveness evaluations; and
* A core curriculum of pertinent statutory and regulatory provisions, which curriculum includes:
* Information on required licenses, age requirements, patient registry cards issued by the department of public health and environment, maintenance of records, privacy issues, and unlawful acts;
* Administrative and criminal liability and license and court sanctions;
* Statutory and regulatory requirements for employees and owners;
* Acceptable forms of identification, including patient registry cards and associated documents and procedures; and
* Local and state licensing and enforcement, which may include, but need not be limited to, key statutes and rules affecting patients, owners, managers, and employees. The authority may grant a licensed medical marijuana business (business) a responsible vendor designation (designation). A business receives the designation if all employees who sell or handle medical marijuana, all managers, and all resident on-site owners successfully complete a program that the authority has approved. A designation is valid for 2 years from the date of issuance. If the authority brings an administrative action against a business that has received the designation, the authority shall consider the designation as mitigation.
Status: 04/04/2013 Governor Action - Signed
Amendments:

House Journal, February 8
45 HB13-1061 be amended as follows, and as so amended, be referred to
46 the Committee of the Whole with favorable
47 recommendation:
48
49 Amend printed bill, page 4, line 17, strike "STATE" and substitute
50 "PROGRAM VENDOR".
51
52 Page 4, line 18 strike "LICENSING AUTHORITY".
53
54 Page 5, line 7, strike "PROVIDE TO THE STATE LICENSING AUTHORITY" and
55 substitute "MAINTAIN".
56
1 Page 5, strike lines 9 and 10 and substitute "OWNERS.".
2
3 Page 5, line 12, strike "STATE LICENSING" and substitute "PROGRAM
4 VENDOR".
5
6 Page 5, line 13, strike "AUTHORITY".
7
8


Fiscal Notes:

Fiscal Note


HB13-1065 Federal Professionals Mental Health Authority 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: STEPHENS
Summary: The bill amends the definition of "professional person", for purposes of providing care and treatment to persons with a mental illness, to include a person licensed in another state who is providing medical or clinical services at a treatment facility in Colorado that is operated by the United States.
Status: 03/15/2013 Governor Action - Signed
Amendments:

House Journal, February 1
50 Amendment 1, Public Health Care & Human Services Report, dated
51 January 29, 2013, and placed in members' bill files; Report also printed
52 in House Journal, January 30, page 135.
53
54 Amendment 2, by Representative Stephens.
55 Amend the Public Health Care & Human Services Committee Report,
1 dated January 29, 2013, page 1, strike line 2 and substitute "STANDING TO
2 PRACTICE MEDICINE IN ANOTHER STATE OR A PSYCHOLOGIST CERTIFIED TO
3 PRACTICE AND IN GOOD STANDING".".
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7


Fiscal Notes:

Fiscal Note


HB13-1083 Motorcycle Operator Safety Training Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: GINAL / TOCHTROP
Summary: The bill directs the office of transportation safety to set standards for the motorcycle operator safety training program (program), both for students and instructors. Meeting the standards qualifies a student to get a motorcycle endorsement on the student's driver's license. The office will also establish a system to record program data, including accidents, injuries, and fatalities. A person who is eligible for a driver's license with a motorcycle endorsement from another state and is now a Colorado resident will be eligible for the program. The bill repeals a requirement that a program course charge be the same for all students. The bill prohibits expending program moneys on program vendor operating expenses or motorcycles, helmets, textbooks, and other capital expenses, except for mobile training expenses. The motorcycle operator safety advisory board (board) is recreated, consisting of 12 members who represent:
* The office of transportation safety's director;
* The department of revenue's executive director;
* The chief of the Colorado state patrol;
* For-profit program vendors;
* Nonprofit program vendors;
* Retail motorcycle dealers;
* Third-party testers;
* Program instructor training specialists;
* The motorcycle riding community;
* Motorcycle training providers not affiliated with the program;
* Law enforcement agencies; and
* Motorcycle insurance providers. The board's duties are to recommend training methods to increase safety and program effectiveness, recommend improvements to the program and training, and make recommendations on expenditures of motorcycle operator safety training fund moneys. The board meets quarterly. By September 1 of each year, the department of transportation makes an annual report to the legislative audit committee, house transportation committee, and senate transportation committee. The report must comment on the effectiveness of the program, annual motorcycle deaths, availability of training throughout the state, historic and current training costs, and other performance measures.
Status: 03/29/2013 Governor Action - Signed
Amendments:

House Journal, February 8
26 HB13-1083 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend printed bill, page 7, strike lines 24 through 27 and substitute:
31
32 "(d) NINE MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR THE
33 DEPARTMENT OF TRANSPORTATION:
34 (I) TWO MEMBERS WHO REPRESENT MOST VENDORS;
35 (II) ONE MEMBER WHO REPRESENTS RETAIL MOTORCYCLE
36 DEALERS;
37 (III) ONE MEMBER WHO REPRESENTS THIRD-PARTY TESTERS;
38 (IV) ONE MEMBER WHO REPRESENTS INSTRUCTOR TRAINING
39 SPECIALISTS;
40 (V) ONE MEMBER WHO REPRESENTS THE MOTORCYCLE RIDING
41 COMMUNITY;
42 (VI) ONE MEMBER WHO REPRESENTS MOTORCYCLE TRAINING
43 PROVIDERS NOT AFFILIATED WITH THE PROGRAM;
44 (VII) ONE MEMBER WHO REPRESENTS LAW ENFORCEMENT
45 AGENCIES; AND
46 (VIII) ONE MEMBER WHO REPRESENTS MOTORCYCLE INSURANCE
47 PROVIDERS.".
48
49 Page 8, strike lines 1 through 9.
50

Senate Journal, March 12
HB13-1083 by Representative(s) Ginal; also Senator(s) Tochtrop--Concerning the motorcycle operator
safety training program.

Amendment No. 1, Transportation Committee Amendment.
(Printed in Senate Journal, March 6, page(s) 403-404 and placed in members' bill files.)

Amendment No. 2(L.004), by Senator Tochtrop.

Amend reengrossed bill, page 9, line 19, strike "JULY" and substitute
"SEPTEMBER".

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



Fiscal Notes:

Fiscal Note


HB13-1085 Change Possession Of Weapons By Previous Offender 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: BUCK / RENFROE
Summary: Under current law the crime of possession of weapons by previous offenders applies to all felony convictions. The bill limits the felony application to felonies under the victim's rights act, burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
Status: 04/02/2013 House Committee on Judiciary Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1097 Duties Of Coroners 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: GARDNER / NICHOLSON
Summary: In 2011, the general assembly enacted a law that requires coroners to perform a forensic autopsy or have a forensic autopsy performed under certain circumstances. As a result of that change, this bill repeals a provision that allows a coroner to ask a physician to make a scientific examination of the body of the deceased. Current law allows a physician who is conducting a postmortem examination to remove the pituitary gland from the body of the deceased for medical research. The bill repeals this provision. A coroner has additional legal duties when a person dies under certain circumstances that may require an investigation. The bill adds several additional duties and responsibilities for coroners when a person dies under those circumstances.
Status: 04/04/2013 Governor Action - Signed
Amendments:

House Journal, February 19
46 Amendment No. 1, Local Government Report, dated February 14, 2013,
47 and placed in member's bill file; Report also printed in House Journal,
48 February 14, 2013, pages 288-292.
49
50 Amendment No. 2, by Representative(s) Fields.
51
52 Amend the Local Government Committee Report, dated February 13,
53 2013, page 6, after line 24, insert:
54
55 "(7) THE CORONER SHALL REPORT EACH CHILD FATALITY TO THE
56 DEPARTMENT OF HUMAN SERVICES AND THE COUNTY DEPARTMENT OF
1 SOCIAL SERVICES IN THE COUNTY WHERE THE CHILD FATALITY
2 OCCURRED.".
3
4 As amended, ordered engrossed and placed on the Calendar for Third
5 Reading and Final Passage.
6

Senate Journal, March 12
HB13-1097 by Representative(s) Gardner; also Senator(s) Nicholson--Concerning the duties of
coroners.

Amendment No. 1(L.007), by Senator Nicholson.

Amend reengrossed bill, page 10, strike lines 5 through 7.

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



Fiscal Notes:

Fiscal Note


HB13-1114 Inferences For Marijuana And Driving Offenses 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: WALLER
Summary: In any DUI prosecution, if at the time of driving or within a reasonable time thereafter, the driver's blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant's blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs. Under current law, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The bill removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol. The bill removes instances of the term "habitual user" from the traffic code.
Status: 04/22/2013 Senate Committee on Judiciary Postpone Indefinitely
Amendments:

House Journal, April 1
53 HB13-1114 be amended as follows, and as so amended, be referred to
54 the Committee of the Whole with favorable
55 recommendation:
56
1 Amend printed bill, page 20, after line 22 insert:
2
3 "SECTION 21. Appropriation. In addition to any other
4 appropriation, there is hereby appropriated, out of any moneys in the
5 general fund not otherwise appropriated, to the judicial department, for
6 the fiscal year beginning July 1, 2013, the sum of $12,000, or so much
7 thereof as may be necessary, for allocation to the office of the state public
8 defender for mandated costs related to the implementation of this act.
9
10 SECTION 22. In Colorado Revised Statutes, add 17-18-108 as
11 follows:
12 17-18-108. Appropriation to comply with section 2-2-703 - HB
13 13-1114 - repeal. (1) PURSUANT TO SECTION 2-2-703, C.R.S., THE
14 FOLLOWING STATUTORY APPROPRIATIONS, OR SO MUCH THEREOF AS MAY
15 BE NECESSARY, ARE MADE IN ORDER TO IMPLEMENT HOUSE BILL 13-1114,
16 ENACTED IN 2013:
17 (a) FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, IN ADDITION
18 TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
19 DEPARTMENT, OUT OF ANY MONEYS IN THE GENERAL FUND NOT
20 OTHERWISE APPROPRIATED, THE SUM OF TWENTY THOUSAND EIGHT
21 HUNDRED SIXTEEN DOLLARS ($20,816).
22 (b) FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, IN ADDITION TO
23 ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
24 DEPARTMENT, OUT OF ANY MONEYS IN THE GENERAL FUND NOT
25 OTHERWISE APPROPRIATED, THE SUM OF FIVE THOUSAND FIVE HUNDRED
26 FIFTY-ONE DOLLARS ($5,551).
27 (2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2016.".
28
29 Renumber succeeding section accordingly.
30
31 Page 1, line 102, strike "DRUGS." and substitute "DRUGS, AND, IN
32 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
33
34

House Journal, April 2
5 Amendment No. 1, Judiciary Report, dated February 26, 2013, and placed
6 in member's bill file; Report also printed in House Journal, February 27,
7 2013, page(s) 421-422.
8
9 Amendment No. 2, Appropriations Report, dated April 1, 2013, and
10 placed in member's bill file; Report also printed in House Journal, April
11 1, 2013, page(s) 745-746.
12
13 Amendment No. 3, by Representative(s) Salazar.
14
15 Amend printed bill, page 2, line 3, after "(6) (a) (IV)" insert "and (6) (j)".
16
17 Page 4, after line 4 insert:
18
19 "(j) IN ANY TRIAL FOR A VIOLATION OF THIS SECTION, IF, AT THE
20 TIME OF THE ALLEGED OFFENSE, THE PERSON POSSESSED A VALID MEDICAL
21 MARIJUANA REGISTRY IDENTIFICATION CARD, AS DEFINED IN SECTION
22 25-1.5-106 (2) (e), C.R.S., ISSUED TO HIMSELF OR HERSELF, THE
23 PROSECUTION SHALL NOT USE SUCH FACT AS PART OF THE PROSECUTION'S
24 CASE IN CHIEF.".
25
26 Amendment No. 4, by Representative(s) Salazar.
27
28 Amend printed bill, page 2, line 4, after "(6) (j)" insert "and (6) (k)".
29
30 Page 4, after line 4 insert:
31
32 "(k) IN ANY TRAFFIC STOP, THE DRIVER'S POSSESSION OF A VALID
33 MEDICAL MARIJUANA REGISTRY IDENTIFICATION CARD, AS DEFINED IN
34 SECTION 25-1.5-106 (2) (e), C.R.S., ISSUED TO HIMSELF OR HERSELF SHALL
35 NOT, IN THE ABSENCE OF OTHER CONTRIBUTING FACTORS, CONSTITUTE
36 PROBABLE CAUSE FOR A PEACE OFFICER TO REQUIRE THE DRIVER TO
37 SUBMIT TO AN ANALYSIS OF HIS OR HER BLOOD.".
38
39 As amended, ordered engrossed and placed on the Calendar for Third
40 Reading and Final Passage.
41
42


Fiscal Notes:

Fiscal Note


HB13-1117 Alignment Of Child Development Programs 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HAMNER / HODGE
Summary: Section 1 of the bill states the general assembly's recognition that it is in the state's best interest for a specific office within the department of human services (department) to administer early childhood programs. Section 2 of the bill specifies that the department has the responsibility to administer early childhood programs and to assist the state board of human services in awarding grants. Participation in any early childhood program is voluntary and is not intended to interfere with parental rights. Section 3 of the bill moves the early childhood leadership council (ECLC) from the governor's office to the department. The overall membership is reduced from 35 to 20 members, by removing representatives of the office of information technology, the office of economic development, the state workforce development council, and the legislature. The reconstituted ECLC will now include representatives from the local public health community. The ECLC's duties are changed to include more advising and monitoring of efforts around early childhood programs. The ECLC was scheduled to repeal July 1, 2013, but this date is extended to September 1, 2018. The bill relocates several boards and programs from the department of public health and environment to the department of human services without substantive change:
* The nurse home visitation program (section 4);
* The Tony Grampsas youth services program, the Colorado youth mentoring services program, the Colorado student dropout prevention and intervention program, and the Colorado student before-and-after-school project (section 5);
* The Colorado Children's Trust Fund and its board (sections 7 and 8); and
* The family resource center program (sections 9-11). The remaining sections of the bill make conforming amendments.
Status: 05/07/2013 Governor Action - Signed
Amendments:

House Journal, February 21
19 Amendment No. 1, Public Health Care & Human Services Report, dated
20 January 29, 2013, and placed in member's bill file; Report also printed in
22
23 Amendment No. 2, by Representative(s) Hamner.
24
25 Amend printed bill, page 3, line 18, strike "oversee" and substitute
26 "coordinate".
27
28 Page 4, line 22, strike "oversee and".
29
30 Page 4, line 23, strike "within" and substitute "that are in".
31
32 Page 4, line 24, strike "within" and substitute "in".
33
34 Page 5, line 11, strike everything after the period and substitute "THE
35 EARLY CHILDHOOD PROGRAMS ARE NOT DESIGNED".
36
37 Page 5, strike lines 12 and 13.
38
39 As amended, ordered engrossed and placed on the Calendar for Third
40 Reading and Final Passage.
41
42

Senate Journal, March 14
After consideration on the merits, the Committee recommends that HB13-1117 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 58, line 27, strike "subsection" and
substitute "subsections (1.3) and".

Page 59, strike lines 4 through 12 and substitute "year:".

Page 59, line 24, strike "22-7-908 (3)," and substitute "22-7-1210 (3),".


Business,
Labor, &
Technology


Fiscal Notes:

Fiscal Note


HB13-1141 Transfer Of Coroners Standards & Training Board 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: FIELDS
Summary: The Colorado coroners standards and training board (board) was created in the department of public health and environment in 2003. The bill transfers the board to the department of law on July 1, 2013.
Status: 02/21/2013 House Committee on Local Government Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1162 Concealed Handgun Carry No Permit 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HOLBERT / HILL
Summary: The bill allows a person who legally possesses a handgun under state and federal law to carry a concealed handgun in Colorado. A person who carries a concealed handgun under the authority created in the bill 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 under current law, including the prohibition on the carrying of a concealed handgun on the grounds of a public elementary, middle, junior high, or high school.
Status: 02/19/2013 House Committee on Judiciary Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1163 Sexual Assault Victim Emergency Payment Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: KAGAN / AGUILAR
Summary: The sexual assault victim emergency payment program (program) is created in the division of criminal justice (division) within the department of public safety. The purpose of the program is to help victims of sexual assault who need additional time to determine if they want to participate with the criminal justice system to pay for medical costs and fees associated with obtaining a medical forensic examination, which ensures that evidence of the assault is preserved regardless of whether the criminal justice system is engaged at the time of the assault and examination. The program is the payor of last resort. The division shall determine an annual cap on payment amount per victim based on actual and reasonable costs and available funds. Priority for the program must be to pay for indirect medical costs and fees incurred as the result of obtaining medical forensic examinations following a sexual assault for medical-reporting victims. Such indirect medical costs and fees may include, but are not limited to, emergency department fees and costs, laboratory fees, prescription medication, and physician's fees. The program may also pay for any uncovered direct costs of the medical forensic examination for a medical-reporting victim.
Status: 05/13/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1166 Repeal Crimes With Marital Status As Element 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: KAGAN / STEADMAN
Summary: The bill repeals the crime of promoting sexual immorality and adultery. The bill makes conforming amendments.
Status: 03/22/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1169 No Background Check With Concealed Carry Permit 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HUMPHREY / BROPHY
Summary: The bill allows a person to satisfy federal and state background check requirements for the transfer of a firearm by presenting a valid Colorado concealed handgun permit. The bill amends the application procedure for concealed handgun permits to satisfy federal criminal background check requirements. On or before October 1, 2013, the Colorado bureau of investigation shall establish and make available to each sheriff in the state a template for permits to carry concealed handguns. On and after January 1, 2014, each sheriff of the state shall ensure that each permit that he or she issues or renews conforms to the template.
Status: 02/18/2013 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1170 Policies Allowing Concealed Carry In Public School 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HUMPHREY / HILL
Summary: The bill authorizes a school district board of education and the governing board of a charter school to adopt a written policy to allow an employee of the school district or charter school to carry a concealed handgun on school grounds if the person holds a valid permit to carry a concealed handgun.
Status: 02/19/2013 House Committee on Judiciary Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1171 Emergency Use Of Epinephrine Injectors In Schools 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: PRIMAVERA / TODD
Summary: The governing authority of public and nonpublic schools may adopt a policy to authorize the school nurse or other designated school personnel to administer an epinephrine auto-injector to any student that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis, in accordance with a standing protocol from a licensed physician, physician's assistant, or advance practice nurse with prescriptive authority, and regardless of whether the student has a prescription for an epinephrine auto-injector. Schools may acquire and maintain a stock supply of epinephrine auto-injectors. A governing authority of a school may enter into arrangements with manufacturers or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market or reduced prices or for free. The state board of education, with assistance from the department of public health and environment, is required to adopt rules on the management of students with life-threatening allergies, training of users of epinephrine auto-injectors, and on the reporting of incidences of anaphylaxis and the administration of epinephrine auto-injectors. The bill requires a public school that obtains epinephrine auto-injectors to meet the rules on training, maintenance, and physician involvement requirements. The department of education shall develop and publish an annual report compiling, summarizing, and analyzing all incident reports submitted to the department. The bill limits the liability of a public or nonpublic school and a good-faith user of an epinephrine auto-injector in emergency situations in school settings when the school has adopted a policy on the administration of epinephrine auto-injectors in accordance with a standing protocol. To qualify for the limited immunity protection, a nonpublic school must follow the state board of education's rules on training, maintenance, and physician-involvement requirements. The bill extends the limited immunity under current law available to a public school to a nonpublic school when a student self-administers an epinephrine auto-injector pursuant to an approved treatment plan.
Status: 05/28/2013 Governor Action - Signed
Amendments:

House Journal, February 13
5 HB13-1171 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 2, strike lines 9 and 10 and substitute:
10 "(I) "ADMINISTER" OR "ADMINISTRATION" MEANS TO GIVE A DOSE
11 OF MEDICINE TO A STUDENT WHO HAS ASTHMA OR A FOOD OR OTHER
12 ALLERGY OR WHO IS EXPERIENCING ANAPHYLAXIS, INCLUDING THE USE OF
13 AN EPINEPHRINE AUTO-INJECTOR, AN ASTHMA INHALER, OR ORAL
14 MEDICATION.".
15
16 Page 3, line 25, strike "A STANDING".
17
18 Page 3, line 26, strike "PROTOCOL" and substitute "STANDING ORDERS AND
19 PROTOCOLS".
20
21 Page 5, line 7, strike "or a" and substitute "or a".
22 Page 5, line 8, strike "volunteer" and substitute "volunteer".
23 Page 5, line 16, strike "A STANDING".
24
25 Page 5, line 17, strike "PROTOCOL" and substitute "STANDING ORDERS AND
26 PROTOCOLS".
27
28

House Journal, April 1
36 HB13-1171 be amended as follows, and as so amended, be referred to
37 the Committee of the Whole with favorable
38 recommendation:
39
40 Amend printed bill, page 7, after line 3 insert:
41
42 "SECTION 2. Appropriation. In addition to any other
43 appropriation, there is hereby appropriated, out of any moneys in the
44 general fund not otherwise appropriated, to the department of education,
45 for the fiscal year beginning July 1, 2013, the sum of $8,035 and 0.1 FTE,
46 or so much thereof as may be necessary, for allocation to health and
47 nutrition programs for expenses related to the implementation of this
48 act.".
49
50 Renumber succeeding section accordingly.
51
52 Page 1, line 102, strike "SETTINGS." and substitute "SETTINGS, AND, IN
53 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
54
55

House Journal, April 2
49 Amendment No. 1, Public Health Care & Human Services Report, dated
50 February 12, 2013, and placed in member's bill file; Report also printed
51 in House Journal, February 13, 2013, page(s) 277.
52
53 Amendment No. 2, Appropriations Report, dated April 1, 2013, and
54 placed in member's bill file; Report also printed in House Journal, April
55 1, 2013, page(s)746 .
56
1 Amendment No. 3, by Representative(s) Primavera.
2
3 Amend printed bill, page 3, line 11, strike "PHYSICIAN'S" and substitute
4 "PHYSICIAN".
5
6 Page 3, line 26, strike "PHYSICIAN'S" and substitute "PHYSICIAN".
7
8 As amended, ordered engrossed and placed on the Calendar for Third
9 Reading and Final Passage.


Fiscal Notes:

Fiscal Note


HB13-1215 Restrict Minors Access Artificial Tanning Devices 
Comment:
Calendar Notification: Wednesday, May 8 2013
(1) in house calendar.
Sponsors: PENISTON / TOCHTROP
Summary: Effective July 1, 2013, the bill:
* Prohibits the use of artificial tanning devices by minors under 15 years of age unless the use is prescribed by a physician; and
* Requires a signed parental consent form or physician prescription for minors 15 years of age or older but under 18 years of age to use an artificial tanning device. A parental consent form is valid for 6 months unless the parent withdraws his or her consent. The department of public health and environment is to develop a consent form that details the health risks associated with the use of artificial tanning devices. Owners, operators, and employees of artificial tanning devices are subject to penalties of up to $200 for each failure to comply with the requirements of the bill.
Status: 05/08/2013 House Consideration of First Conference Committee Report result was to Other
Amendments:

House Journal, March 15
26 HB13-1215 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend printed bill, page 4, line 10, strike "OWNER, EMPLOYEE," and
31 substitute "OWNER".
32
33

House Journal, March 26
18 Amendment No. 1, Health, Insurance & Environment Report, dated
19 March 14, 2013, and placed in member's bill file; Report also printed in
21
22 Amendment No. 2, by Representative(s) Peniston.
23
24 Amend printed bill, page 4, line 16, strike "(8), "MINOR MEANS A" and
25 substitute "(8):
26
27 (I) "MINOR" MEANS A".
28
29 Page 4, line 18, strike "C.R.S." and substitute "C.R.S.; AND
30
31 (II) "OPERATOR" MEANS THE PERSON RESPONSIBLE FOR OPERATING
32 AND MANAGING A TANNING FACILITY BUSINESS ON BEHALF OF THE OWNER
33 OF THE TANNING FACILITY.".
34
35 As amended, ordered engrossed and placed on the Calendar for Third
36 Reading and Final Passage.
37


Fiscal Notes:

Fiscal Note


HB13-1224 Prohibiting Large-capacity Ammunition Magazines 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: FIELDS / HODGE
Summary: The bill prohibits the sale, transfer, or possession of an ammunition feeding device that is capable of accepting, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells (large-capacity magazine). A person may possess a large-capacity magazine if he or she owns the large-capacity magazine on the effective date of the bill and maintains continuous possession of the large-capacity magazine. A person who sells, transfers, or possesses a large-capacity magazine in violation of the new provision commits a class 2 misdemeanor. A large-capacity magazine that is manufactured in Colorado on or after the effective date of the bill must include a serial number and the date upon which the large-capacity magazine was manufactured or assembled. The serial number and date must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The Colorado bureau of investigation may promulgate rules that may require a large-capacity magazine that is manufactured on or after the effective date of the bill to bear identifying information in addition to the serial number and date of assembly. A person who manufactures a large-capacity magazine in Colorado in violation of the new provision commits a class 2 misdemeanor.
Status: 03/20/2013 Governor Action - Signed
Amendments:

House Journal, February 15
42 Amendment No. 1, Judiciary Report, dated February 13, 2013, and placed
43 in member's bill file; Report also printed in House Journal, February 14,
44 2013, page 276.
1 Amendment No. 2, by Representative(s) Salazar.
2
3 Amend the House Judiciary Committee Report, dated February 12, 2013,
4 page 1, strike line 10 and substitute:
5 "Page 4, strike lines 2 through 13 and substitute "SHALL NOT APPLY
6 TO:
7 (a) AN ENTITY, OR ANY EMPLOYEE THEREOF ENGAGED IN HIS OR
8 HER EMPLOYMENT DUTIES, THAT MANUFACTURES LARGE-CAPACITY
9 MAGAZINES WITHIN COLORADO EXCLUSIVELY FOR TRANSFER TO:
10 (I) A BRANCH OF THE ARMED FORCES OF THE UNITED STATES;
11 (II) A DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE
12 STATE OF COLORADO, OR OF ANY OTHER STATE, OR OF THE UNITED
13 STATES GOVERNMENT;
14 (III) A FIREARMS RETAILER FOR THE PURPOSE OF FIREARMS SALES
15 CONDUCTED OUTSIDE THE STATE;
16 (IV) A FOREIGN NATIONAL GOVERNMENT THAT HAS BEEN
17 APPROVED FOR SUCH TRANSFERS BY THE UNITED STATES GOVERNMENT;
18 OR
19 (V) AN OUT-OF-STATE TRANSFEREE WHO MAY LEGALLY POSSESS
20 A LARGE-CAPACITY MAGAZINE; OR
21 (b) AN EMPLOYEE OF ANY OF THE FOLLOWING AGENCIES WHO
22 BEARS A FIREARM IN THE COURSE OF HIS OR HER OFFICIAL DUTIES:
23 (I) A BRANCH OF THE ARMED FORCES OF THE UNITED STATES; OR
24 (II) A DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE
25 STATE OF COLORADO, OR OF ANY OTHER STATE, OR OF THE UNITED
26 STATES GOVERNMENT; OR
27 (c) A PERSON WHO POSSESSES THE MAGAZINE FOR THE SOLE
28 PURPOSE OF TRANSPORTING THE MAGAZINE TO AN OUT-OF-STATE ENTITY
29 ON BEHALF OF AN ENTITY DESCRIBED BY THIS SUBSECTION (3).".".
30
31 As amended, ordered engrossed and placed on the Calendar for Third
32 Reading and Final Passage.
33

Senate Journal, March 8
HB13-1224 by Representative(s) Fields; also Senator(s) Hodge--Concerning prohibiting large-capacity
ammunition magazines.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, March 6, page(s) 402 and placed in members' bill files.)

Amendment No. 2(L.026), by Senator Hodge.

Amend the Judiciary Committee Report, dated March 4, 2013, page 1,
strike lines 7 and 8 and substitute:

"(II) A FIXED, TUBULAR SHOTGUN MAGAZINE THAT HOLDS MORE
THAN TWENTY-EIGHT INCHES OF SHOTGUN SHELLS, INCLUDING ANY
EXTENSION DEVICE THAT IS ATTACHED TO THE MAGAZINE AND HOLDS
ADDITIONAL SHOTGUN SHELLS; OR".

Page 1, line 9, strike "A DETACHABLE MAGAZINE, TUBE," and substitute
"A NONTUBULAR, DETACHABLE MAGAZINE,".


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

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


Senate Journal, March 8
HB13-1224 by Representative(s) Fields; also Senator(s) Hodge--Concerning prohibiting large-capacity
ammunition magazines.

Senators Lambert, Harvey, and Balmer moved to amend the Report of the Committee of the
Whole to show that the following Lambert floor amendment, (L.032) to HB 13-1224, did
pass.


Amend reengrossed bill, page 4, strike line 16 and substitute:

"(V) AN ACTIVE DUTY, RESERVE, NATIONAL GUARD, OR COAST
GUARD MEMBER; OR HONORABLY DISCHARGED VETERAN OF THE UNITED
STATES ARMED FORCES, RESERVES, NATIONAL GUARD, OR COAST
GUARD; OR MEMBERS OF THEIR FAMILIES; OR".

Renumber succeeding subparagraph accordingly.


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


Senate Journal, March 11
HB13-1224 by Representative(s) Fields; also Senator(s) Hodge--Concerning prohibiting large-capacity
ammunition magazines.

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

Third Reading Amendment No. 1(L.035), by Senator King.

Amend revised bill, page 2, strike lines 2 through 16.

Strike pages 3 through 5 and substitute:

"SECTION 1. In Colorado Revised Statutes, add 18-12-112 as
follows:
18-12-112. Large-capacity ammunition magazines - directive
to Colorado commission on criminal and juvenile justice - repeal.
(1) THE COLORADO COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
CREATED AND EXISTING PURSUANT TO SECTION 16-11.3-102, C.R.S.,
SHALL CONSIDER THE IMPLEMENTATION OF A PROHIBITION ON
LARGE-CAPACITY AMMUNITION MAGAZINES. THE COMMISSION SHALL
COMPLETE A REPORT OF ITS FINDINGS AND SUBMIT THE REPORT TO THE
JUDICIARY COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND
SENATE, OR ANY SUCCESSOR COMMITTEES, ON OR BEFORE JANUARY 1,
2014.
(2) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 2, 2014.".

Page 6, strike lines 1 through 3.


The amendment was lost on the following roll call vote:



Fiscal Notes:

Fiscal Note


HB13-1226 No Concealed Carry At Colleges 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: LEVY / HEATH
Summary: Under current law, a person who possesses a valid permit to carry a concealed handgun (permit) may do so in all areas of the state, with certain exceptions. The bill creates a new exception stating that a permit does not authorize a permit holder to possess a concealed handgun:
* In any building or structure, or any portion thereof, that is used by a public institution of higher education for any purpose;
* In any stadium or arena that is used by a public institution of higher education to host events, including but not limited to athletic and extracurricular events and graduation ceremonies; or
* At an outdoor, institution-sponsored event on the campus of the institution at which the chief administrator of the institution's campus, in consultation with the chief officer of the institution's campus safety agency, has elected to prohibit the carrying of firearms. A permit holder who is employed or retained by contract by a public institution of higher education as a security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of the public institution of higher education while the permittee is on duty.
Status: 03/08/2013 Senate Second Reading Laid Over to 05/10/2013
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1228 Payment For Background Checks For Gun Transfers 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: COURT / HEATH
Summary: The Colorado bureau of investigation (CBI) shall impose a fee for performing an instant criminal background check pursuant to the transfer of a firearm. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by CBI in performing the background check. The amount collected as fees shall be transferred to the state treasurer for credit to the instant criminal background check cash fund (fund), which fund is created in the bill.
Status: 03/20/2013 Governor Action - Signed
Amendments:

House Journal, February 15
24 Amendment No. 1, Appropriations Report, dated February 14, 2013, and
25 placed in member's bill file; Report also printed in House Journal,
26 February 14, 2013, pages 286-287.
27
28 Amendment No. 2, by Representative(s) Court.
29
30 Amend proposed Appropriations committee report, dated February 14,
31 2013, page 1, line 5, strike "DIRECT AND" and substitute "ACTUAL".
32
33 Page 1, line 6, strike "INDIRECT".
34
35 Page 1 of the committee report, after line 7 insert:
36 "(f) ON JANUARY 15, 2014, AND ON JANUARY 15 OF EACH
37 CALENDAR YEAR THEREAFTER, THE BUREAU SHALL REPORT TO THE JOINT
38 BUDGET COMMITTEE CONCERNING:
39 (I) THE NUMBER OF FULL-TIME EMPLOYEES USED BY THE BUREAU
40 IN THE PRECEDING YEAR FOR THE PURPOSE OF PERFORMING BACKGROUND
41 CHECKS PURSUANT TO THIS SECTION; AND
42 (II) THE CALCULATIONS USED BY THE BUREAU TO DETERMINE THE
43 AMOUNT OF THE FEE IMPOSED PURSUANT TO THIS SUBSECTION (3.5).".
44
45 Page 1, line 8, strike ""(f)" and substitute "(g)".
46
47 Amendment No. 3, by Representative(s) Gardner.
48
49 Amend Amendment No. 2, by Representative Court, as printed in House
50 Journal, page 301, strike line 31 and substitute:
51
52 "2013, page 1, line 5, strike "AND".".
53
54 As amended, ordered engrossed and placed on the Calendar for Third
55 Reading and Final Passage.


Fiscal Notes:

Fiscal Note


HB13-1229 Background Checks For Gun Transfers 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: FIELDS / CARROLL
Summary: Unless a specified exception applies, before any person who is not a licensed gun dealer transfers or attempts to transfer possession of a firearm, he or she shall:
* Require that a background check be conducted of the prospective transferee; and
* Obtain approval of the transfer from the Colorado bureau of investigation (bureau) after a background check has been requested by a licensed gun dealer. A prospective firearm transferor shall arrange for the services of one or more licensed gun dealers to obtain a background check. A prospective firearm transferee shall not accept possession of a firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer. A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm. A person who violates the new provisions commits a class 1 misdemeanor. Under current law, the clerk of the court of every judicial district and probate court in the state must periodically report to the national instant criminal background check system subject to specified court orders relating to mental health or substance abuse. The bill requires the clerk of the court to also report this information to the Colorado bureau of investigation. A court, upon becoming aware that the basis upon which a record of a mentally ill person reported by the clerk of the court does not apply or no longer applies, shall:
* Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and
* Notify the attorney general that such basis does not apply or no longer applies. The bill sets forth a judicial process whereby a person who has been prohibited from possessing a firearm may apply or petition for relief from federal firearms prohibitions, as permitted by federal law. In granting relief to a petitioner, the court shall issue findings that:
* The petitioner is not likely to act in a manner that is dangerous to public safety; and
* Granting relief to the petitioner is not contrary to the public interest. If the court denies relief to a petitioner, the petitioner may petition the court of appeals to review the denial, including the record of the denying court. A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court. In reviewing a denial, the court of appeals may receive additional evidence necessary to conduct an adequate review.
Status: 03/20/2013 Governor Action - Signed
Amendments:

House Journal, February 15
47 Amendment No. 1, Appropriations Report, dated February 14, 2013, and
48 placed in member's bill file; Report also printed in House Journal,
49 February 14, 2013, page 287.
50
51 Amendment No. 2, by Representative(s) McCann.
52
53 Amend printed bill, page 5, line 27, after "FISHING," insert "TARGET
54 SHOOTING,".
55
56 Page 6, line 1, after "FISHING," insert "TARGET SHOOTING,".
1 Page 6, line 4, after "FISHING," insert "TARGET SHOOTING,".
2
3 Amendment No.3, by Representative(s) Fields.
4
5 Amend printed bill, page 5, line 17, strike "OR".
6
7 Page 6, line 4, strike "TRAPPING." and substitute "TRAPPING; OR
8 (f) A TRANSFER OF A FIREARM THAT IS MADE TO FACILITATE THE
9 REPAIR OR MAINTENANCE OF THE FIREARM; EXCEPT THAT THIS PARAGRAPH
10 (f) DOES NOT APPLY UNLESS ALL PARTIES WHO POSSESS THE FIREARM AS
11 A RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM.".
12
13 As amended, ordered engrossed and placed on the Calendar for Third
14 Reading and Final Passage.
15

Senate Journal, March 5
After consideration on the merits, the Committee recommends that HB13-1229 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 3, line 5, strike "penalty." and substitute
"penalty - definitions.".
Page 3, line 5, after "(1)" insert "(a)".

Page 3, line 9, strike "(a)" and substitute "(I)".

Page 3, line 12, strike "(b)" and substitute "(II)".

Page 3, after line 14 insert:

"(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
OTHERWISE, "TRANSFEREE" MEANS A PERSON WHO DESIRES TO RECEIVE
OR ACQUIRE A FIREARM FROM A TRANSFEROR. IF A TRANSFEREE IS NOT A
NATURAL PERSON BUT A CORPORATION, ASSOCIATION, PARTNERSHIP, OR
LIMITED LIABILITY COMPANY OR TRUST, THE REQUIREMENT DESCRIBED IN
THIS SUBSECTION (1) SHALL BE INTERPRETED TO REQUIRE A BACKGROUND
CHECK OF EACH MEMBER, PARTNER, OFFICER, OR OTHER PERSON WHO
HOLDS A BENEFICIAL INTEREST IN THE CORPORATION, ASSOCIATION,
PARTNERSHIP, OR LIMITED LIABILITY COMPANY OR TRUST.".

Page 4, line 2, after "TRANSFEROR" insert "AND TRANSFEREE".

Page 5, strike lines 3 through 6 and substitute:
"(b) A TRANSFER THAT IS A BONA FIDE GIFT BETWEEN IMMEDIATE
FAMILY MEMBERS, WHICH ARE LIMITED TO SPOUSES, PARENTS, CHILDREN,
SIBLINGS, GRANDPARENTS, GRANDCHILDREN, NIECES, NEPHEWS, FIRST
COUSINS, AUNTS, AND UNCLES;".

Page 6, line 7, strike "OR".

Page 6, strike line 11 and substitute:

"A RESULT OF THE TRANSFER MAY LEGALLY POSSESS A FIREARM; OR
(g) ANY TEMPORARY TRANSFER THAT OCCURS WHILE IN THE
CONTINUOUS PRESENCE OF THE OWNER OF THE FIREARM; OR
(h) A TEMPORARY TRANSFER FOR NOT MORE THAN SEVENTY-TWO
HOURS. A PERSON WHO TRANSFERS A FIREARM PURSUANT TO THIS
PARAGRAPH (h) MAY BE JOINTLY AND SEVERALLY LIABLE FOR DAMAGES
PROXIMATELY CAUSED BY THE TRANSFEREE'S SUBSEQUENT USE OF THE
FIREARM.
(7) NOTHING IN SUBSECTION (6) OF THIS SECTION SHALL BE
INTERPRETED TO LIMIT OR OTHERWISE ALTER THE APPLICABILITY OF
SECTION 18-12-111 CONCERNING THE UNLAWFUL PURCHASE OR
TRANSFER OF FIREARMS.".

Renumber succeeding subsection accordingly.

Page 6, line 18, strike "CLERK OF THE COURT" and substitute "STATE
COURT ADMINISTRATOR".

Page 6, strike lines 26 and 27 and substitute:

"SECTION 2. In Colorado Revised Statutes, 13-5-142, amend
(1) introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b)
(II); and add (1.5) and (4) as follows:
13-5-142. National instant criminal background check system
- reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE
DATE OF THIS SECTION, the clerk of the court of every judicial district in
the state COURT ADMINISTRATOR shall periodically report SEND
ELECTRONICALLY the following information to the national instant
criminal background check system created by the federal "Brady
Handgun Violence Prevention Act" (Pub.L. 103-159), the relevant
portion of which is codified at 18 U.S.C. sec. 922 (t) COLORADO BUREAU
OF INVESTIGATION CREATED PURSUANT TO SECTION 24-33.5-401, C.R.S.,
REFERRED TO WITHIN THIS SECTION AS THE "BUREAU":
(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN
PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE
STATE COURT ADMINISTRATOR SHALL REPORT SUCH FACT TO THE
BUREAU.
(2) Any report made by the clerk of the court of every judicial
district in the state COURT ADMINISTRATOR pursuant to this section shall
describe the reason for the report and indicate that the report is made in
accordance with 18 U.S.C. sec. 922 (g) (4).
(3) The clerk of the court of every judicial district in the state
COURT ADMINISTRATOR shall take all necessary steps to cancel a record
made by that clerk THE STATE COURT ADMINISTRATOR in the national
instant criminal background check system if:
(a) The person to whom the record pertains makes a written
request to the clerk STATE COURT ADMINISTRATOR; and
(b) No less than three years before the date of the written request:
(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the A court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human
services that administers behavioral health programs and services,
including those related to mental health and substance abuse; except that
the clerk STATE COURT ADMINISTRATOR shall not cancel any record
pertaining to a person with respect to whom two recommitment orders
have been entered under section 27-81-112 (7) and (8), C.R.S., or who
was discharged from treatment under section 27-81-112 (11), C.R.S., on
the grounds that further treatment will not be likely to bring about
significant improvement in the person's condition; or".

Page 7, strike lines 1 through 9.

Page 7, line 13, strike "CLERK OF THE COURT" and substitute "STATE
COURT ADMINISTRATOR".

Page 10, strike lines 3 through 16 and substitute:

"(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.
SECTION 4. In Colorado Revised Statutes, 13-9-123, amend (1)
introductory portion, (2), (3) introductory portion, (3) (a), and (3) (b) (II);
and add (1.5) and (4) as follows:
13-9-123. National instant criminal background check system
- reporting. (1) Beginning July 1, 2002 ON AND AFTER THE EFFECTIVE
DATE OF THIS SECTION, the clerk of the probate court STATE COURT
ADMINISTRATOR shall periodically report SEND ELECTRONICALLY the
following information to the national instant criminal background check
system created by the federal "Brady Handgun Violence Prevention Act",
Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C.
sec. 922 (t) COLORADO BUREAU OF INVESTIGATION CREATED PURSUANT
TO SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS SECTION AS
THE "BUREAU":
(1.5) NOT MORE THAN FORTY-EIGHT HOURS AFTER RECEIVING
NOTIFICATION OF A PERSON WHO SATISFIES THE DESCRIPTION IN
PARAGRAPH (a), (b), OR (c) OF SUBSECTION (1) OF THIS SECTION, THE
STATE COURT ADMINISTRATOR SHALL REPORT SUCH FACT TO THE
BUREAU.
(2) Any report made by the clerk of the probate court STATE
COURT ADMINISTRATOR pursuant to this section shall describe the reason
for the report and indicate that the report is made in accordance with 18
U.S.C. sec. 922 (g) (4).
(3) The clerk of the probate court STATE COURT ADMINISTRATOR
shall take all necessary steps to cancel a record made by that clerk THE
STATE COURT ADMINISTRATOR in the national instant criminal
background check system if:
(a) The person to whom the record pertains makes a written
request to the clerk STATE COURT ADMINISTRATOR; and
(b) No less than three years before the date of the written request:
(II) The period of commitment of the most recent order of
commitment or recommitment expired, or the court entered an order
terminating the person's incapacity or discharging the person from
commitment in the nature of habeas corpus, if the record in the national
instant criminal background check system is based on an order of
commitment to the custody of the unit in the department of human
services that administers behavioral health programs and services,
including those related to mental health and substance abuse; except that
the clerk STATE COURT ADMINISTRATOR shall not cancel any record
pertaining to a person with respect to whom two recommitment orders
have been entered under section 27-81-112 (7) and (8), C.R.S., or who
was discharged from treatment under section 27-81-112 (11), C.R.S., on
the grounds that further treatment will not be likely to bring about
significant improvement in the person's condition; or".

Page 10, line 20, strike "CLERK OF THE COURT" and substitute "STATE
COURT ADMINISTRATOR".

Page 13, strike lines 10 through 12 and substitute:

"(III) IN REVIEWING A DENIAL, THE COURT OF APPEALS HAS
DISCRETION, BUT IS NOT REQUIRED, TO RECEIVE ADDITIONAL EVIDENCE
NECESSARY TO CONDUCT AN ADEQUATE REVIEW.".


State,
Veterans, &
Military
Affairs

Senate Journal, March 8
HB13-1229 by Representative(s) Fields and McCann; also Senator(s) Carroll--Concerning criminal
background checks performed pursuant to the transfer of a firearm, and, in connection
therewith, making an appropriation.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, March 5, page(s) 381-384 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 6, page(s) 398-402 and placed in members' bill files.)

Amendment No. 3(L.030), by Senator Carroll.

Amend the Senate State, Veterans, & Military Affairs Committee Report,
dated March 4, 2013, page 2, after line 4 insert:

"Page 5, line 18, strike "THE TRANSFER IS A" and substitute "A".".

Page 2 of the committee report, line 7, strike "OR".


Amendment No. 4(L.033), by Senator Carroll.

Amend the Appropriations Committee Report, dated March 6, 2013,
page 3, line 14, after "Department" insert "of Personnel Capitol Complex leased space
rent proceeds, $47,125 shall be from the Judicial Department, $32,358 shall be from the
Legislative Department, $16,130 shall be from the Department of Law, and $552,955 shall be
from various sources.".


Amendment No. 5(L.034), by Senator Carroll.

Amend the State, Veterans, and Military Affairs Committee Report,
dated March 4, 2013, page 2, line 13, after "SUBSEQUENT" insert
"UNLAWFUL".


Amendment No. 6(L.035), by Senator Balmer.

Amend the State, Veterans, and Military Affairs Committee Report,
dated March 4, 2013, page 2, line 9, strike "OR".

Page 2, line 14, strike "FIREARM." and substitute "FIREARM; OR".

Page 2, after line 14 insert:

"(i) A TRANSFER OF A FIREARM FROM A PERSON SERVING IN THE
ARMED FORCES OF THE UNITED STATES WHO WILL BE DEPLOYED OUTSIDE
OF THE UNITED STATES WITHIN THE NEXT THIRTY DAYS TO ANY FAMILY
MEMBER OR FRIEND OF THE PERSON.".


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

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


Senate Journal, March 8
HB13-1229 by Representative(s) Fields and McCann; also Senator(s) Carroll--Concerning criminal
background checks performed pursuant to the transfer of a firearm, and, in connection
therewith, making an appropriation.

Senator Carroll moved to amend the Report of the Committee of the Whole to show that the
following amendment to HB13-1229 did pass.

Amend the Balmer floor amendment (HB1229_L.035), page 1, line 7,
strike "FAMILY" and substitute "IMMEDIATE FAMILY MEMBER, WHICH IS
LIMITED TO A SPOUSE, PARENT, CHILD, SIBLING, GRANDPARENT,
GRANDCHILD, NIECE, NEPHEW, FIRST COUSIN, AUNT, AND UNCLE,".

Page 1, line 8, strike "MEMBER OR FRIEND".


Senate Journal, March 8

Senate Journal, March 11
HB13-1229 by Representative(s) Fields and McCann; also Senator(s) Carroll--Concerning criminal
background checks performed pursuant to the transfer of a firearm, and, in connection
therewith, making an appropriation.

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

Third Reading Amendment No. 1(L.039), by Senator Carroll.

Amend revised bill, page 7, after line 6 insert:

"(7) FOR PURPOSES OF PARAGRAPH (f) OF SUBSECTION (6) OF THIS
SECTION:
(a) AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT
REPAIRS OR MAINTAINS FIREARMS MAY RELY UPON A TRANSFEROR'S
STATEMENT THAT HE OR SHE MAY LEGALLY POSSESS A FIREARM UNLESS
THE OWNER, MANAGER, OR EMPLOYEE HAS ACTUAL KNOWLEDGE TO THE
CONTRARY AND MAY RETURN POSSESSION OF THE FIREARM TO THE
TRANSFEROR UPON COMPLETION OF THE REPAIRS OR MAINTENANCE
WITHOUT A BACKGROUND CHECK;
(b) UNLESS A TRANSFEROR OF A FIREARM HAS ACTUAL
KNOWLEDGE TO THE CONTRARY, THE TRANSFEROR MAY RELY UPON THE
STATEMENT OF AN OWNER, MANAGER, OR EMPLOYEE OF A BUSINESS THAT
REPAIRS OR MAINTAINS FIREARMS THAT NO OWNER, MANAGER, OR
EMPLOYEE OF THE BUSINESS IS PROHIBITED FROM POSSESSING A
FIREARM.".

Renumber succeeding subsections accordingly.


The amendment was passed on the following roll call vote:



Fiscal Notes:

Fiscal Note


HB13-1239 Creation Of A Statewide Youth Development Plan 
Comment:
Calendar Notification: Wednesday, May 8 2013
(3) in house calendar.
Sponsors: MCCANN / HODGE
Summary: The bill directs the Tony Grampsas youth services board to convene, subject to available funding, a group of interested parties to create a statewide youth development plan and a baseline measurement of youth activities, based on available data and resources.
Status: 05/28/2013 Governor Action - Signed
Amendments:

House Journal, April 1
42 HB13-1239 be amended as follows, and as so amended, be referred to
43 the Committee on Appropriations with favorable
44 recommendation:
45
46 Amend printed bill, page 3, strike lines 3 through 27 and substitute:
47
48 "(4) The general assembly further finds that it is in the best
49 interest of the people of Colorado for the department of human services
50 to coordinate prevention and intervention programs and to oversee the
51 provision of these services to ensure collaboration among communities
52 and programs, with the goal of ensuring the availability of a continuum
53 of services for youth.
54 SECTION 2. In Colorado Revised Statutes, add 26-1-111.3 as
55 follows:
56 26-1-111.3. Activities of the state department under the
1 supervision of the executive director - Colorado state youth
2 development plan - creation - definitions. (1) (a) SUBJECT TO
3 AVAILABLE FUNDING, THE STATE DEPARTMENT, IN COLLABORATION WITH
4 THE TONY GRAMPSAS YOUTH SERVICES BOARD, CREATED IN SECTION
5 26-6.8-103, SHALL CONVENE A GROUP OF INTERESTED PARTIES TO CREATE
6 A COLORADO STATE YOUTH DEVELOPMENT PLAN. THE GOALS OF THE PLAN
7 ARE TO IDENTIFY KEY ISSUES AFFECTING YOUTH AND ALIGN STRATEGIC
8 EFFORTS TO ACHIEVE POSITIVE OUTCOMES FOR ALL YOUTH.
9 (b) THE PLAN MUST:
10 (I) IDENTIFY INITIATIVES AND STRATEGIES, ORGANIZATIONS, AND
11 GAPS IN COVERAGE THAT IMPACT YOUTH DEVELOPMENT OUTCOMES;
12 (II) IDENTIFY SERVICES, FUNDING, AND PARTNERSHIPS NECESSARY
13 TO ENSURE THAT YOUTH HAVE THE MEANS AND THE SOCIAL AND
14 EMOTIONAL SKILLS TO SUCCESSFULLY TRANSITION INTO ADULTHOOD;
15 (III) DETERMINE WHAT IS NECESSARY IN TERMS OF COMMUNITY
16 INVOLVEMENT AND DEVELOPMENT TO ENSURE YOUTH SUCCEED;
17 (IV) DEVELOP AN OUTLINE OF YOUTH SERVICE ORGANIZATIONS
18 BASED ON, BUT NOT LIMITED TO, DEMOGRAPHICS, CURRENT SERVICES AND
19 CAPACITY, AND COMMUNITY INVOLVEMENT;
20 (V) IDENTIFY SUCCESSFUL YOUTH DEVELOPMENT STRATEGIES
21 NATIONALLY AND IN COLORADO THAT COULD BE REPLICATED BY
22 COMMUNITY PARTNERS AND ENTITIES ACROSS THE STATE; AND
23 (VI) CREATE A SHARED VISION FOR HOW A STRONG YOUTH
24 DEVELOPMENT NETWORK WOULD BE SHAPED AND MEASURED.
25 (c) THE PLAN MUST INCLUDE A BASELINE MEASUREMENT OF YOUTH
26 ACTIVITIES, DEVELOPED USING AVAILABLE DATA AND RESOURCES. DATA
27 AND RESOURCES MAY BE COLLECTED FROM, BUT NEED NOT BE LIMITED TO,
28 THE FOLLOWING:
29 (I) AN EXISTING YOUTH RISK BEHAVIOR SURVEILLANCE SYSTEM
30 THAT MONITORS HEALTH-RISK BEHAVIORS THAT CONTRIBUTE TO THE
31 LEADING CAUSES OF DEATH AND DISABILITY AMONG YOUTH, INCLUDING:
32 (A) BEHAVIORS THAT CONTRIBUTE TO UNINTENTIONAL INJURIES
33 AND VIOLENCE;
34 (B) SEXUAL BEHAVIORS THAT CONTRIBUTE TO UNINTENDED
35 PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS, INCLUDING HIV;
36 (C) ALCOHOL AND OTHER DRUG USE;
37 (D) TOBACCO USE;
38 (E) UNHEALTHY DIETARY BEHAVIORS; AND
39 (F) INADEQUATE PHYSICAL ACTIVITY;
40 (II) THE STATE DEPARTMENT OF EDUCATION;
41 (III) THE STATE DEPARTMENT OF HIGHER EDUCATION, TO ASSESS
42 WORKFORCE READINESS AND STUDENT ACHIEVEMENT AS YOUTH
43 TRANSITION THROUGH THE SECONDARY AND POSTSECONDARY EDUCATION
44 SYSTEMS;
45 (IV) THE STATE DEPARTMENT OF PUBLIC HEALTH AND
46 ENVIRONMENT;
47 (V) THE STATE DEPARTMENT OF HEALTH CARE POLICY AND
48 FINANCING;
49 (VI) THE STATE DEPARTMENT OF HUMAN SERVICES;
50 (VII) THE STATE DEPARTMENT OF LABOR AND EMPLOYMENT;
51 (VIII) THE STATE DEPARTMENT OF PUBLIC SAFETY; AND
52 (IX) THE STATE JUDICIAL DEPARTMENT.
53 (2) THE STATE DEPARTMENT SHALL BE RESPONSIBLE FOR ANY
54 COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE PLAN AND IS NOT
55 REQUIRED TO IMPLEMENT THIS SECTION UNTIL ADEQUATE FUNDING IS
56 SECURED.
1 (3) THE STATE DEPARTMENT, IN COLLABORATION WITH THE TONY
2 GRAMPSAS YOUTH SERVICES BOARD, CREATED IN SECTION 26-6.8-103,
3 SHALL COMPLETE THE PLAN ON OR BEFORE SEPTEMBER 30, 2014, AND
4 SHALL UPDATE THE PLAN BIENNALLY THEREAFTER.
5 (4) BEGINNING IN JANUARY 2015, AND EVERY JANUARY
6 THEREAFTER, THE DEPARTMENT SHALL REPORT PROGRESS ON THE
7 DEVELOPMENT AND IMPLEMENTATION OF THE PLAN AS PART OF ITS "STATE
8 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
9 (SMART) GOVERNMENT ACT" HEARING REQUIRED BY SECTION 2-7-203,
10 C.R.S.
11 (5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
12 REQUIRES:
13 (a) "ENTITY" MEANS ANY LOCAL GOVERNMENT, STATE PUBLIC OR
14 NONSECTARIAN SECONDARY SCHOOL, CHARTER SCHOOL, GROUP OF PUBLIC
15 OR NONSECTARIAN SECONDARY SCHOOLS, SCHOOL DISTRICT OR GROUP OF
16 SCHOOL DISTRICTS, BOARD OF COOPERATIVE SERVICES, STATE INSTITUTION
17 OF HIGHER EDUCATION, THE COLORADO NATIONAL GUARD, STATE
18 AGENCY, STATE-OPERATED PROGRAM, PRIVATE NONPROFIT
19 ORGANIZATION, OR NONPROFIT COMMUNITY-BASED ORGANIZATION.
20 (b) "PLAN" MEANS THE COLORADO STATE YOUTH DEVELOPMENT
21 PLAN CREATED PURSUANT TO THIS SECTION.
22 (c) "YOUTH" MEANS AN INDIVIDUAL AT LEAST NINE YEARS OF AGE
23 AND NO MORE THAN TWENTY-ONE YEARS OF AGE.
24 (d) "YOUTH SERVICE ORGANIZATION" MEANS AN ENTITY THAT IS
25 COMMUNITY-BASED AND:
26 (I) PROMOTES INNOVATIVE AND EVIDENCE-BASED STRATEGIES FOR
27 POSITIVE YOUTH DEVELOPMENT AND FOR REDUCING THE OCCURRENCE
28 AND REOCCURRENCE OF CHILD ABUSE AND NEGLECT;
29 (II) PROMOTES INNOVATIVE PRIMARY PREVENTION AND
30 INTERVENTION SERVICES TO YOUTH AND THEIR FAMILIES IN AN EFFORT TO
31 DECREASE HIGH-RISK BEHAVIOR, INCLUDING BUT NOT LIMITED TO YOUTH
32 CRIME AND VIOLENCE; OR
33 (III) PROMOTES INNOVATIVE STRATEGIES TO AT-RISK STUDENTS
34 AND THEIR FAMILIES IN AN EFFORT TO REDUCE THE DROPOUT RATE IN
35 SECONDARY SCHOOLS.
36 SECTION 3. In Colorado Revised Statutes, 26-6.8-102, amend
37 as amended by House Bill 13-1117 (2) (a); and repeal as amended by
38 House Bill 13-1117 (2) (b) as follows:
39 26-6.8-102. Tony Grampsas youth services program - creation
40 - standards - applications. (2) (a) Subject to the designation in
41 paragraph (b) of this subsection (2), The board shall choose those entities
42 that will receive grants through the Tony Grampsas youth services
43 program and the amount of each grant. The state department shall
44 ADMINISTER THE GRANTS AWARDED AND monitor the effectiveness of
45 programs that receive funds GRANTS through the Tony Grampsas youth
46 services program.
47 (b) Each year, no less than twenty percent of the appropriation
48 shall be designated and used exclusively for programs designed for
49 children younger than nine years of age. The state department shall
50 administer the grants awarded to programs described in this paragraph (b)
51 and shall monitor the effectiveness of the programs.
52 SECTION 4. In Colorado Revised Statutes, repeal 25-20.5-101,
53 25-20.5-102, 25-20.5-103, 25-20.5-104, 25-20.5-105, 25-20.5-106,
54 25-20.5-107, 25-20.5-108, and 25-20.5-109.
55 SECTION 5. In Colorado Revised Statutes, 26-1-111, amend (2)
56 (s); and add (2) (t) as follows:
1 26-1-111. Activities of the state department under the
2 supervision of the executive director - cash fund - report - rules -
3 statewide adoption resource registry. (2) The state department, under
4 the supervision of the executive director, shall:
5 (s) Promulgate rules in accordance with section 19-3-211, C.R.S.,
6 for establishing a conflict resolution process for resolving grievances
7 against the county departments concerning responses to reports of child
8 abuse and neglect and the performance of duties pursuant to article 3 of
9 title 19, C.R.S. Such THE rules shall MUST take into account and allow for
10 any subsequent locally developed grievance procedures that apply to a
11 locally restructured human services system to ensure consistency within
12 the system; AND
13 (t) COORDINATE PREVENTION AND INTERVENTION PROGRAMS
14 FOCUSED ON POSITIVE YOUTH DEVELOPMENT IN ACCORDANCE WITH STATE
15 LAW AND RULES. THE COORDINATION MUST INCLUDE THE STATE YOUTH
516 DEVELOPMENT PLAN DEVELOPED PURSUANT TO SECTION 26-6.8-103.
17 THAT IDENTIFIES KEY ISSUES AFFECTING YOUTH TO ALIGN STRATEGIC
18 EFFORTS AND ACHIEVE POSITIVE OUTCOMES FOR YOUTH.
19 SECTION 6. In Colorado Revised Statutes, 26-18-104, amend (1)
20 (b) as follows:
21 26-18-104. Program created. (1) (b) The division shall operate
22 the family resource center program in accordance with the provisions of
23 this article. the requirements for prevention, intervention, and treatment
24 programs specified in article 20.5 of title 25, C.R.S., and the rules for
25 prevention, intervention, and treatment programs adopted by the state
26 board of health pursuant to section 25-20.5-106, C.R.S. In addition, the
27 division may establish any other procedures necessary to implement the
28 program, including establishing the procedure for the submittal of grant
29 applications by community applicants seeking to establish a family
30 resource center or by a family resource center applying for a grant for
31 continued operation of a family resource center.
32 SECTION 7. In Colorado Revised Statutes, 24-44.7-103, repeal
33 (3) (c) as follows:
34 24-44.7-103. Early childhood leadership commission - duties.
35 (3) In fulfilling its duties, the commission shall collaborate, at a
36 minimum, with:
37 (c) The prevention leadership council created in the department
38 of public health and environment through the implementation of section
39 25-20.5-107, C.R.S.;
40 SECTION 8. In Colorado Revised Statutes, 24-32-723, amend
41 (4) (a) as follows:
42 24-32-723. Office of homeless youth services - creation -
43 function - duties - definitions. (4) (a) In providing the services
44 described in this section, the office of homeless youth services is strongly
45 encouraged to work with the executive directors, or their designees, of the
46 departments specified in section 25-20.5-108 (6), C.R.S., as well as the
47 Colorado department of public health and environment, the judicial
48 department, private nonprofit and not-for-profit organizations,
49 appropriate federal departments, and other key stakeholders in the
50 community.
51 SECTION 9. In Colorado Revised Statutes, 26-18-105, repeal (2)
52 as follows:
53 26-18-105. Selection of centers - grants. (2) The local advisory
54 council for a community applicant awarded a grant pursuant to subsection
55 (1) of this section shall evaluate the overall effectiveness of the family
56 resource center annually and shall submit an annual report to the division
1 in accordance with section 25-20.5-108, C.R.S.
2 SECTION 10. In Colorado Revised Statutes, 25-20.5-202, add (6)
3 as follows:
4 25-20.5-202. Tony Grampsas youth services board - members
5 - duties - state youth development plan - creation - definitions.
6 (6) (a) SUBJECT TO AVAILABLE FUNDING, THE BOARD SHALL CONVENE A
7 GROUP OF INTERESTED PARTIES TO CREATE A COLORADO STATE YOUTH
8 DEVELOPMENT PLAN. THE GOALS OF THE PLAN ARE TO IDENTIFY KEY
9 ISSUES AFFECTING YOUTH AND ALIGN STRATEGIC EFFORTS TO ACHIEVE
10 POSITIVE OUTCOMES FOR ALL YOUTH.
11 (b) THE PLAN MUST:
12 (I) IDENTIFY INITIATIVES AND STRATEGIES, ORGANIZATIONS, AND
13 GAPS IN COVERAGE THAT IMPACT YOUTH DEVELOPMENT OUTCOMES;
14 (II) IDENTIFY SERVICES, FUNDING, AND PARTNERSHIPS NECESSARY
15 TO ENSURE THAT YOUTH HAVE THE MEANS AND THE SOCIAL AND
16 EMOTIONAL SKILLS TO SUCCESSFULLY TRANSITION INTO ADULTHOOD;
17 (III) DETERMINE WHAT IS NECESSARY IN TERMS OF COMMUNITY
18 INVOLVEMENT AND DEVELOPMENT TO ENSURE YOUTH SUCCEED;
19 (IV) DEVELOP AN OUTLINE OF YOUTH SERVICE ORGANIZATIONS
20 BASED ON, BUT NOT LIMITED TO, DEMOGRAPHICS, CURRENT SERVICES AND
21 CAPACITY, AND COMMUNITY INVOLVEMENT;
22 (V) IDENTIFY SUCCESSFUL YOUTH DEVELOPMENT STRATEGIES
23 NATIONALLY AND IN COLORADO THAT COULD BE REPLICATED BY
24 COMMUNITY PARTNERS AND ENTITIES ACROSS THE STATE; AND
25 (VI) CREATE A SHARED VISION FOR HOW A STRONG YOUTH
26 DEVELOPMENT NETWORK WOULD BE SHAPED AND MEASURED.
27 (c) THE PLAN MUST INCLUDE A BASELINE MEASUREMENT OF YOUTH
28 ACTIVITIES, DEVELOPED USING AVAILABLE DATA AND RESOURCES. DATA
29 AND RESOURCES MAY BE COLLECTED FROM, BUT NEED NOT BE LIMITED TO,
30 THE FOLLOWING:
31 (I) AN EXISTING YOUTH RISK BEHAVIOR SURVEILLANCE SYSTEM
32 THAT MONITORS HEALTH-RISK BEHAVIORS THAT CONTRIBUTE TO THE
33 LEADING CAUSES OF DEATH AND DISABILITY AMONG YOUTH, INCLUDING:
34 (A) BEHAVIORS THAT CONTRIBUTE TO UNINTENTIONAL INJURIES
35 AND VIOLENCE;
36 (B) SEXUAL BEHAVIORS THAT CONTRIBUTE TO UNINTENDED
37 PREGNANCY AND SEXUALLY TRANSMITTED INFECTIONS, INCLUDING HIV;
38 (C) ALCOHOL AND OTHER DRUG USE;
39 (D) TOBACCO USE;
40 (E) UNHEALTHY DIETARY BEHAVIORS; AND
41 (F) INADEQUATE PHYSICAL ACTIVITY;
42 (II) THE STATE DEPARTMENT OF EDUCATION;
43 (III) THE STATE DEPARTMENT OF HIGHER EDUCATION, TO ASSESS
44 WORKFORCE READINESS AND STUDENT ACHIEVEMENT AS YOUTH
45 TRANSITION THROUGH THE SECONDARY AND POSTSECONDARY EDUCATION
46 SYSTEMS;
47 (IV) THE STATE DEPARTMENT OF PUBLIC HEALTH AND
48 ENVIRONMENT;
49 (V) THE STATE DEPARTMENT OF HEALTH CARE POLICY AND
50 FINANCING;
51 (VI) THE STATE DEPARTMENT OF HUMAN SERVICES;
52 (VII) THE STATE DEPARTMENT OF LABOR AND EMPLOYMENT;
53 (VIII) THE STATE DEPARTMENT OF PUBLIC SAFETY; AND
54 (IX) THE STATE JUDICIAL DEPARTMENT.
55 (d) THE STATE DEPARTMENT SHALL BE RESPONSIBLE FOR ANY
56 COSTS ASSOCIATED WITH THE DEVELOPMENT OF THE PLAN AND IS NOT
1 REQUIRED TO IMPLEMENT THIS SECTION UNTIL ADEQUATE FUNDING IS
2 SECURED.
3 (e) THE BOARD SHALL COMPLETE THE PLAN ON OR BEFORE
4 SEPTEMBER 30, 2014, AND SHALL UPDATE THE PLAN BIENNALLY
5 THEREAFTER.
6 (f) BEGINNING IN JANUARY 2015, AND EVERY JANUARY
7 THEREAFTER, THE DEPARTMENT SHALL REPORT PROGRESS ON THE
8 DEVELOPMENT AND IMPLEMENTATION OF THE PLAN AS PART OF ITS "STATE
9 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
10 (SMART) GOVERNMENT ACT" HEARING REQUIRED BY SECTION 2-7-203,
11 C.R.S.
12 (g) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
13 REQUIRES:
14 (I) "ENTITY" MEANS ANY LOCAL GOVERNMENT, STATE PUBLIC OR
15 NONSECTARIAN SECONDARY SCHOOL, CHARTER SCHOOL, GROUP OF PUBLIC
16 OR NONSECTARIAN SECONDARY SCHOOLS, SCHOOL DISTRICT OR GROUP OF
17 SCHOOL DISTRICTS, BOARD OF COOPERATIVE SERVICES, STATE INSTITUTION
18 OF HIGHER EDUCATION, THE COLORADO NATIONAL GUARD, STATE
19 AGENCY, STATE-OPERATED PROGRAM, PRIVATE NONPROFIT
20 ORGANIZATION, OR NONPROFIT COMMUNITY-BASED ORGANIZATION.
21 (II) "PLAN" MEANS THE COLORADO STATE YOUTH DEVELOPMENT
22 PLAN CREATED PURSUANT TO THIS SECTION.
23 (III) "YOUTH" MEANS AN INDIVIDUAL AT LEAST NINE YEARS OF
24 AGE AND NO MORE THAN TWENTY-ONE YEARS OF AGE.
25 (IV) "YOUTH SERVICE ORGANIZATION" MEANS AN ENTITY THAT IS
26 COMMUNITY-BASED AND:
27 (A) PROMOTES INNOVATIVE AND EVIDENCE-BASED STRATEGIES
28 FOR POSITIVE YOUTH DEVELOPMENT AND FOR REDUCING THE OCCURRENCE
29 AND REOCCURRENCE OF CHILD ABUSE AND NEGLECT;
30 (B) PROMOTES INNOVATIVE PRIMARY PREVENTION AND
31 INTERVENTION SERVICES TO YOUTH AND THEIR FAMILIES IN AN EFFORT TO
32 DECREASE HIGH-RISK BEHAVIOR, INCLUDING BUT NOT LIMITED TO YOUTH
33 CRIME AND VIOLENCE; OR
34 (C) PROMOTES INNOVATIVE STRATEGIES TO AT-RISK STUDENTS
35 AND THEIR FAMILIES IN AN EFFORT TO REDUCE THE DROPOUT RATE IN
36 SECONDARY SCHOOLS.
37 SECTION 11. In Colorado Revised Statutes, 25-20.5-201, amend
38 (2) (a) and (2) (b) as follows:
39 25-20.5-201. Tony Grampsas youth services program -
40 creation - standards - applications. (2) (a) The Tony Grampsas youth
41 services program shall be administered through the division. Subject to
42 the designation in paragraph (b) of this subsection (2), The Tony
43 Grampsas youth services board created in section 25-20.5-202 shall
44 choose those entities that will receive grants through the Tony Grampsas
45 youth services program and the amount of each grant. In addition, the
46 division shall monitor the effectiveness of programs that receive funds
47 through the Tony Grampsas youth services program.
48 (b) Any grant awarded through the Tony Grampsas youth services
49 program shall be paid from moneys appropriated pursuant to paragraph
50 (c) of this subsection (2) or out of the general fund for such program.
51 Each year, no less than twenty percent of the appropriation shall be
52 designated and used exclusively for programs designed for children
53 younger than nine years of age. The board, in accordance with the
54 timelines adopted pursuant to section 25-20.5-202 (3), shall submit a list
55 of the entities chosen to receive grants to the governor for approval. The
56 governor shall either approve or disapprove the entire list of entities by
1 responding to the board within twenty days. If the governor has not
2 responded to the board within twenty days after receipt of the list, the list
3 shall be deemed approved. No grants shall be awarded through the Tony
4 Grampsas youth services program without the prior approval of the
5 governor.
6 SECTION 12. Effective date. (1) Except as otherwise provided
7 in this section, this act takes effect July 1, 2013.
8 (2) Sections 2 to 9 of this act takes effect only if House Bill
9 13-1117 becomes law and take effect either upon the effective date of this
10 act or House Bill 13-1117, whichever is later.
11 (3) Sections 10 and 11 of this act take effect only if House Bill
12 13-1117 does not become law.
13 SECTION 13. Safety clause. The general assembly hereby finds,
14 determines, and declares that this act is necessary for the immediate
15 preservation of the public peace, health, and safety.".
16
17 Strike pages 4 through 6.
18
19


Fiscal Notes:

Fiscal Note


HB13-1240 Penalties For Persistent Drunk Drivers 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: YOUNG
Summary: In current law, the definition of "persistent drunk driver"includes a person who drives a motor vehicle with a BAC of 0.17 or more. The bill lowers this threshold to 0.15 or more. The bill also amends the definition of "persistent drunk driver" to include a person who refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by law. In current law, if a person is designated a persistent drunk driver, the state department of revenue (department) requires the person to complete a level II alcohol and drug education and treatment program. Under the bill, the department shall also require the person to hold a restricted license requiring the use of an ignition interlock device upon the restoration of his or her driving privileges. In current law, a person whose privilege to drive was revoked for one year or more because of a second or subsequent DUI, DUI per se, or DWAI conviction; for excess blood alcohol content (BAC); or for refusal may apply for an early reinstatement with an interlock-restricted license after the person's privilege to drive has been revoked for one year. The bill reduces this one-year waiting period to one month for persons 21 years of age or older at the time of the offense; except that, for a person 21 years of age or older at the time of the offense whose privilege to drive was revoked because of a refusal, the waiting period is reduced to 2 months. The bill amends the purposes of the first time drunk driving offender account in the highway users tax fund to include appropriations to the department to pay:
* A portion of the costs for an ignition interlock device for a persistent drunk driver who is unable to pay the costs of the device and who installs the ignition interlock device on his or her vehicle on or after January 1, 2014; and
* The department's costs associated with the implementation of the bill. In current law, with certain exceptions, a license revocation must run consecutively and not concurrently with any other revocation. The bill provides that, for an offense committed on or after January 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation. In current law, if a license is revoked for refusal, the revocation may not run concurrently, in whole or in part, with any previous or subsequent suspensions, revocations, or denials that may be provided for by law. The bill provides that, for a refusal committed on or after January 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation.
Status: 05/28/2013 Governor Action - Signed
Amendments:

House Journal, March 28
26 HB13-1240 be amended as follows, and as so amended, be referred to
27 the Committee on Appropriations with favorable
28 recommendation:
29
30 Amend printed bill, page 6, line 24, strike "HOUSE BILL 13-___," and
31 substitute "HOUSE BILL 13-1240,".
32
33 Page 9, line 13, strike "HOUSE BILL 13-___," and substitute "HOUSE BILL
34 13-1240,".
35
36


Fiscal Notes:

Fiscal Note


HB13-1241 Statewide Victim Information & Notification System 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: FIELDS / GUZMAN
Summary: The bill authorizes the general assembly to appropriate, and directs the division of criminal justice in the department of public safety to distribute, moneys for a statewide victim information and notification system.
Status: 05/28/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1256 Sudden Unexpected Death In Epilepsy Reporting 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: JOSHI / AGUILAR
Summary: The bill requires the state's chief medical officer to establish a sudden unexpected death in epilepsy (SUDEP) awareness program to educate medical examiners and coroners about SUDEP. The bill requires all postmortem examinations to determine whether the death was a result of SUDEP. If the findings are consistent with the definition of SUDEP, the medical examiner or coroner is required to indicate this cause of death on the death certificate, request that the individual's medical information be forwarded to a SUDEP registry, and request that the individual's brain be donated to a brain bank for research purposes.
Status: 04/02/2013 House Committee on Public Health Care & Human Services Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1271 Child Abuse Reporting Hotline & Child Welfare Rules 
Comment:
Calendar Notification: Wednesday, May 8 2013
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE
(7) in house calendar.
Sponsors: SINGER / NEWELL
Summary: The bill authorizes the creation of a child abuse reporting hotline system (hotline system) that provides a uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report about possible child abuse or neglect and that is advertised to the public as a place for reporting known or suspected child abuse or neglect (report) or for making a request for information or services (an inquiry). The hotline system will be developed through a statewide child abuse hotline steering committee (steering committee) that includes state, county, and comprehensive and appropriate stakeholder representation. The bill declares that the purpose of the hotline system is to enhance the current child welfare system and to provide an additional option for the public to make an initial report or inquiry. The bill further states that a county department of social services (county department) will retain screening responsibilities, unless the board of county commissioners of that county has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the executive director of the state department of human services (state department). The purpose of the steering committee is to develop an implementation plan for the hotline system to be advertised to the public and to make recommendations for rules relating to the hotline system and providing consistent practices in response to reports and inquiries. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director of the state department, who shall provide the report to the state board of human services (state board). The hotline system will provide some method of contact to the public that is available 24 hours a day, 7 days a week. The hotline system shall be operational and publicized to the public statewide no later than January 1, 2015. With the express written consent of the board of county commissioners, a county department may request that the state department assist that county department with taking reports of possible child abuse and neglect and inquiries from the public. The executive director must approve of this arrangement in writing. The state board is given rule-making authority to adopt rules, based upon the recommendations of the steering committee, governing the following:
* The type of technology that may be used by the hotline system for directly routing initial contacts from the hotline system to the applicable entity responsible for taking a report or responding to an inquiry, including but not limited to a single statewide toll-free telephone number, with flexibility to adapt the methods to changing and emerging technologies as appropriate;
* The operation of the hotline system, including the central record-keeping and tracking of reports and inquiries statewide, and a requirement that record-keeping and tracking of reports and inquiries be accessible to all counties;
* Standards and steps for information and referral (instances where there is no report of abuse or neglect but the person contacting the county department or the hotline system is making an inquiry);
* How an initial contact to the hotline system is directly routed to the applicable entity responsible for taking a report or responding to an inquiry;
* A formal process for a county department to opt to have the state department receive reports or inquiries on behalf of the county department after hours subject to a requirement that the board of county commissioners must officially approve the use of the hotline system on behalf of the county and that the arrangement must be approved by the executive director;
* A process for a county department to opt to have another county department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director;
* Standardized training and certification standards for all staff prior to receiving reports and inquiries;
* A consistent screening process with criteria and steps for the county department to respond to a report or inquiry;
* A consistent decision-making process with criteria and steps for a county department to follow when deciding how to act on a report or inquiry and when to take no action on a report or inquiry. The state department is directed to report about the hotline system and the adoption of rules as part of the state department's annual SMART act presentations to the general assembly. This bill makes conforming amendments to the statutes concerning reports made by the public or by a mandatory reporter to allow a report to be made through the hotline system when the county commissioners have given prior approval for the report to be filed through the hotline system and the executive director of the state department has approved such an arrangement.
Status: 05/14/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1306 Mental Health Task Force 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: MCCANN / TODD
Summary: The bill creates a mental health and firearms task force (task force) to advise the general assembly regarding issues surrounding the loss, maintenance, and restoration of the right to purchase and possess firearms by persons who, as a result of mental health issues, alcohol abuse, or substance abuse, are clearly dangerous to the health and safety of themselves or others. The task force shall submit a written report of its findings and recommendations to the judiciary committees of the house of representatives and senate, or any successor committees, on or before January 15, 2015. The first meeting of the task force shall occur no later than July 18, 2013. The task force shall meet at least 5 times. Meetings of the task force shall be public meetings. The task force may accept reports and public testimony and may request other sources to provide testimony, written comments, and other relevant data to the task force. Members of the task force shall serve without compensation and shall not be entitled to reimbursement for expenses. The legislative council staff and the office of legislative legal services shall not provide staff support to the task force. The task force is repealed, effective August 1, 2015.
Status: 05/06/2013 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


HB13-1317 Implement Amendment 64 Majority Recommendation 
Comment:
Calendar Notification: Wednesday, May 8 2013
THIRD READING OF BILLS - FINAL PASSAGE
(4) in senate calendar.
Sponsors: PABON
Summary: Sections 1 through 4. The bill converts the medical marijuana enforcement division to the marijuana enforcement division and gives the division the authority to regulate medical marijuana and retail marijuana. The bill allows the division to receive moneys from the general fund. The bill deposits all of the application and licensing fees and sales, use, and special marijuana sales taxes from retail marijuana into a cash fund and permits supplementing the fund with moneys from the general fund to allow the division to operate. Once the division achieves a balance of cash funds sufficient to support the division, any excess revenue up to the amount of general fund moneys provided shall be transferred to the general fund. The bill sets the application fees for applicants who are current medical marijuana licensees or applicants at $500 and at $5,000 for new applicants. One half of the fee is transferred to the local jurisdiction. On September 30, 2014, and each year thereafter, the state licensing authority must provide a report to the joint budget committee and the finance committees regarding the amount of revenue generated by retail marijuana and its regulatory work. The bill creates the regulatory framework for retail marijuana. The bill allows an existing medical marijuana licensee or an existing medical marijuana applicant the opportunity to apply for a retail marijuana license with the option of converting its operation to a retail marijuana business or retaining a medical marijuana business and adding a retail marijuana business. The bill places a 3-month moratorium on retail marijuana license applications from individuals who are not currently licensed for medical marijuana or an applicant for a medical marijuana license. The state licensing authority must act upon the applications no sooner than 45 days after receipt and no later than 90 days after receipt. The following businesses must be licensed to operate a retail marijuana business: retail marijuana stores, retail marijuana products manufacturers, retail marijuana cultivation facilities, and marijuana testing facilities. The bill allows the state licensing authority to issue a state license that is conditioned on the local jurisdiction's approval. The bill requires the state licensing authority to promulgate rules as required by the constitution and authorizes the state licensing authority to promulgate other rules with the assistance of the department of public health and environment. The bill describes persons who are prohibited from being licensees and requires license applicants to undergo a background check. The bill also limits the areas where a licensed operation may be located. The state licensing authority may set fees for the various types of licenses it issues. The bill requires all officers, managers, and employees of a retail marijuana business to be residents of Colorado. All owners must be residents of Colorado for at least 2 years prior to applying for licensure. A licensed retail marijuana store and licensed retail marijuana products manufacturer may either grow its own marijuana or purchase it from a retail marijuana cultivation facility. A retail marijuana store may only sell one-fourth of an ounce of marijuana to a nonresident during a single transaction. A retail marijuana store may not sell any retail marijuana product that contains nicotine or alcohol. A retail marijuana store must place each sold item in a sealed nontransparent container at the point of sale.
Status: 05/28/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


SB13-009 School Board Policies Allowing Concealed Carry 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: RENFROE / SAINE
Summary: The bill authorizes a school district board of education and the governing board of a charter school to adopt a written policy to allow an employee of the school district or charter school to carry a concealed handgun on school grounds if the person holds a valid permit to carry a concealed handgun.
Status: 01/28/2013 Senate Committee on Judiciary Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


SB13-011 Colorado Civil Union Act 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: STEADMAN / FERRANDINO
Summary: The bill creates the "Colorado Civil Union Act" (Act) to authorize any 2 unmarried adults, regardless of gender, to enter into a civil union. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. Certain persons may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion. The criteria for a valid civil union are set forth in the bill. The executive director of the department of public health and environment and the state registrar of vital statistics shall issue forms necessary to implement the Act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder collects a $20 fee to be credited to the Colorado domestic abuse program fund. The rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law that are granted or imposed under the law to spouses apply in like manner to parties to a civil union, including the following:
* Responsibility for financial support of a party to a civil union;
* Rights and abilities concerning transfer of real or personal property to a party to a civil union;
* The ability to file a claim based on wrongful death, emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status;
* Prohibitions against discrimination based upon spousal status;
* The probate laws relating to estates, wills, trusts, and intestate succession, including the ability to inherit real and personal property from a party in a civil union under the probate code;
* The probate laws relating to guardianship and conservators, including priority for appointment as a conservator, guardian, or personal representative;
* Survivor benefits under and inclusion in workers' compensation laws;
* The right of a partner in a civil union to be treated as a family member or as a spouse under the "Colorado Employment Security Act" for purposes of unemployment benefits;
* The ability to adopt a child of a party to a civil union;
* The ability to insure a party to a civil union under group benefit plans for state employees;
* The ability to designate a party to a civil union as a beneficiary under the state public employees retirement system;
* Survivor benefits under local government firefighter and police pensions;
* Protections and coverage under domestic abuse and domestic violence laws;
* Rights and protections under victims' compensation laws and victims and witness protection laws;
* Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation;
* Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment;
* The ability to file a complaint about the care or treatment of a party in a civil union in a nursing home;
* Rights relating to declarations concerning administering, withholding, or withdrawing medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union;
* Rights concerning the disposition of the last remains of a party to a civil union;
* The right to make decisions regarding anatomical gifts;
* Eligibility for family leave benefits;
* Eligibility for public assistance benefits;
* A privilege from providing compelled testimony against a party in a civil union and evidentiary privileges for parties to a civil union;
* The right to apply for emergency or involuntary commitment of a party to a civil union;
* The right to claim a homestead exemption;
* The ability to protect exempt property from attachment, execution, or garnishment;
* Dependent coverage under life insurance for plans issued, delivered, or renewed on or after January 1, 2014;
* Dependent coverage under health insurance policies for plans issued, delivered, or renewed on or after January 1, 2014; and
* Other insurance policies that provide coverage relating to joint ownership of property for plans issued, delivered, or renewed on or after January 1, 2014. The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union. Parties to a civil union may create agreements modifying the terms and conditions of a civil union in the manner specified in the law for creating marital agreements. The Act states that this Act does not invalidate or affect an otherwise valid domestic partnership agreement or civil contract between 2 individuals who are not married to each other if the agreement or contract was made prior to the effective date of this Act or, if made after the effective date of this Act, the agreement or contract is not made in contemplation of entering into a civil union. The Act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage. The Act includes a reciprocity and principle of comity section that states that a relationship between 2 persons that does not comply with section 31 of article II of the state constitution and that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union or domestic partnership or a substantially similar legal relationship between 2 persons that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law. The Act includes a severability clause. Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the Act shall not be construed to permit the filing of a joint income tax return by the parties to a civil union. A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause. A record of an application for a civil union license is available for public inspection 50 years after the date that the record was created. A person who has entered into a designated beneficiary agreement under Colorado's designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes and invalidates the prior designated beneficiary agreement. The bill makes other conforming amendments. The bill takes effect May 1, 2013; except that the provisions relating to the inclusion of a partner in a civil union as a dependent on a health or life insurance policy and the provisions relating to insurance policies concerning the ownership of property take effect January 1, 2014.
Status: 03/21/2013 Governor Action - Signed
Amendments:

Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB13-011 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 41, after line 7 insert:
"SECTION 28. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the vital
statistics records cash fund created in section 25-2-121 (2) (b) (I),
Colorado Revised Statutes, not otherwise appropriated, to the department
of public health and environment, for the fiscal year beginning July 1,
2012, the sum of $6,976 and 0.1 FTE, or so much thereof as may be
necessary, for allocation to the health statistics and vital records
subdivision for personal and operating expenses related to the
implementation of this act.
SECTION 29. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the vital
statistics records cash fund created in section 25-2-121 (2) (b) (I),
Colorado Revised Statutes, not otherwise appropriated, to the department
of public health and environment, for the fiscal year beginning July 1,
2013, the sum of $4,021 and 0.1 FTE, or so much thereof as may be
necessary, for allocation to the health statistics and vital records
subdivision for personal and operating expenses related to the
implementation of this act.".

Renumber succeeding sections accordingly.

Page 1, line 101, strike "UNIONS." and substitute "UNIONS, AND IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations

Senate Journal, February 8
SB13-011 by Senator(s) Steadman and Guzman, Ulibarri, Aguilar, Carroll, Giron, Heath, Hodge,
Hudak, Jahn, Johnston, Jones, Kefalas, Kerr, Morse, Newell, Nicholson, Schwartz,
Tochtrop, Todd; also Representative(s) Ferrandino and Schafer, Ginal, Moreno, Rosenthal,
Court, Buckner, Duran, Exum, Fields, Fischer, Foote, Garcia, Gerou, Hamner,
Hullinghorst, Kagan, Kraft-Tharp, Labuda, Lebsock, Lee, Levy, May, McCann,
McLachlan, Melton, Mitsch Bush, Pabon, Peniston, Pettersen, Primavera, Ryden, Salazar,
Singer, Tyler, Vigil, Williams, Young--Concerning authorization of civil unions, and, in
connection therewith, making an appropriation.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, January 24, page(s) 67 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, January 31, page(s) 100 and placed in members' bill files.)


Amendment No. 3(L.003), by Senator Steadman.

Amend the Senate Appropriations Committee Report, dated January 31,
2013, page 1, line 21, strike "AND" and substitute "AND,".


Amendment No. 4(L.004), by Senator Steadman.

Amend printed bill, page 39, after line 6 insert:

"SECTION 24. In Colorado Revised Statutes, 15-22-111, amend
(3) as follows:
15-22-111. Revocation of a designated beneficiary agreement.
(3) A designated beneficiary agreement shall be deemed revoked upon
the marriage OR THE CIVIL UNION of either party. In the case of a common
law marriage, a designated beneficiary agreement shall be deemed
revoked as of the date the court determines that a valid common law
marriage exists.".

Renumber succeeding sections accordingly.


Amendment No. 5(L.006), by Senator Steadman.

Amend printed bill, page 34, after line 11 insert:

"SECTION 17. In Colorado Revised Statutes, 15-10-102, add
(3) as follows:
15-10-102. Purposes - rule of construction. (3) UNDER THIS
CODE, THE RIGHTS OF PARTNERS IN A CIVIL UNION CREATED PURSUANT TO
THE "COLORADO CIVIL UNION ACT", ARTICLE 15 OF TITLE 14, C.R.S., ARE
THE SAME RIGHTS AS THOSE EXTENDED TO SPOUSES WHO ARE MARRIED
PURSUANT TO THE PROVISIONS OF THE "UNIFORM MARRIAGE ACT", PART
1 OF ARTICLE 2 OF TITLE 14, C.R.S.".

Renumber succeeding sections accordingly.


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

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


Senate Journal, February 8
SB13-011 by Senator(s) Steadman and Guzman, Ulibarri, Aguilar, Carroll, Giron, Heath, Hodge,
Hudak, Jahn, Johnston, Jones, Kefalas, Kerr, Morse, Newell, Nicholson, Schwartz,
Tochtrop, Todd; also Representative(s) Ferrandino and Schafer, Ginal, Moreno, Rosenthal,
Court, Buckner, Duran, Exum, Fields, Fischer, Foote, Garcia, Gerou, Hamner,
Hullinghorst, Kagan, Kraft-Tharp, Labuda, Lebsock, Lee, Levy, May, McCann,
McLachlan, Melton, Mitsch Bush, Pabon, Peniston, Pettersen, Primavera, Ryden, Salazar,
Singer, Tyler, Vigil, Williams, Young--Concerning authorization of civil unions.


Senator Lundberg moved to amend the Report of the Committee of the Whole to show that
the following Lundberg, Baumgardner, Cadman, Grantham, Harvey, King, Lambert, Marble,
and Scheffel floor amendment, (L.013) to SB 13-011, did pass.


Amend printed bill, page 18, after line 20 insert:

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

Renumber succeeding C.R.S. sections accordingly.


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


Fiscal Notes:

Fiscal Note


SB13-012 Child Abuse Reporting Youth Sports Organizations 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HEATH / SINGER
Summary: The bill adds directors, coaches, assistant coaches, and athletic program personnel for private sports programs or organizations to the list of persons required to report suspected child abuse or neglect to the county or district department of social services or local law enforcement agency.
Status: 03/22/2013 Governor Action - Signed
Amendments:

Senate Journal, January 31
After consideration on the merits, the Committee recommends that SB13-012 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 3, line 25, strike "FOR" and substitute
"EMPLOYED BY".


Judiciary


House Journal, March 6
40 Amendment No. 1, by Representative(s) Singer.
41
42 Amend reengrossed bill, page 3, strike lines 4 through 7 and substitute:
43
44 "(c) There is empirical evidence that child predators are frequently
45 drawn to situations where they have access to children, and, as with other
46 activities that involve extensive participation by children, youth sports
47 programs may inadvertently provide easy access for these child predators;
48 (d) It is vital that persons employed by sports organizations or
49 programs have a legal duty to report any suspicion of or observation of
50 child abuse or neglect, including unlawful sexual behavior, on the part of
51 an employee of the organization or program or a participant in the
52 program;
53 (e) Through consistent supervision and observation, the directors,
54 coaches, and athletic trainers in these private sports programs build
55 trusting relationships with children and are in a unique position to notice
56 signs of suspected child abuse or neglect;
1 (f) Further, because of these trusting relationships with coaches
2 and program personnel, coaches and program personnel are in a position
3 to hear from children about situations of child abuse or neglect, including
4 unlawful sexual behavior, and may be the only persons in whom the child
5 confides;
6 (g) Coaches and personnel who hear of this abuse or neglect or
7 who have reasonable cause to suspect that such abuse and neglect is
8 taking place should have a legal duty to report to the appropriate
9 authorities in the best interests of the child; and".
10
11 Reletter succeeding paragraph accordingly.
12
13 Amendment No. 2, by Representative(s) Dore.
14
15 Amend reengrossed bill, page 3, line 26, after the period add "FOR
16 PURPOSES OF THIS PARAGRAPH (ii), "EMPLOYED" MEANS THAT AN
17 INDIVIDUAL IS COMPENSATED BEYOND REIMBURSEMENT FOR HIS OR HER
18 EXPENSES RELATED TO THE PRIVATE SPORTS ORGANIZATION OR
19 PROGRAM.".
20
21 As amended, ordered revised and placed on the Calendar for Third
22 Reading and Final Passage.


Fiscal Notes:

Fiscal Note


SB13-014 Immunity For Admin Emer Drugs To Overdose Victims 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: AGUILAR
Summary: A person who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event shall be immune from criminal prosecution for, and is not liable for any civil damages for acts or omissions made as a result of, such act. A licensed health care practitioner who is permitted by law to prescribe or dispense an opiate antagonist shall be immune from criminal prosecution for, and is not liable for any civil damages for resulting from:
* Such prescribing, dispensing, administering, or distribution; or
* Any outcomes resulting from the eventual administration of the opiate antagonist. The prescribing, dispensing, administering, or distribution of an opiate antagonist by a licensed health care practitioner shall not constitute unprofessional conduct if he or she prescribed, dispensed, administered, or distributed the opiate antagonist in a good faith effort to assist:
* A person who is experiencing or likely to experience an opiate-related drug overdose event; or
* A family member, friend, or other person who is in a position to assist a person who is experiencing or likely to experience an opiate-related drug overdose event.
Status: 05/10/2013 Governor Action - Signed
Amendments:

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB13-014 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

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

"SECTION 1. Legislative declaration. (1) The general
assembly hereby finds that:
(a) Drug overdose is the leading cause of unintentional death in
Colorado, ahead of motor vehicle deaths;
(b) Opiate overdose may be reversible with the timely
administration of an opiate antagonist;
(c) Opiate antagonists have been shown to be safe and effective
at reducing overdose death; and
(d) Access to opiate antagonists is often limited unnecessarily by
laws that pre-date the overdose epidemic.
(2) Now, therefore, the general assembly hereby encourages the
administration of opiate antagonists for the purpose of saving the lives
of people who suffer opiate-related drug overdose events. A person who
administers an opiate antagonist to another person is urged to call for
emergency medical services immediately.
SECTION 2. In Colorado Revised Statutes, add 18-1-712 as
follows:
18-1-712. Immunity for a person who administers an opiate
antagonist during an opiate-related drug overdose event -
definitions. (1) Legislative declaration. THE GENERAL ASSEMBLY
HEREBY ENCOURAGES THE ADMINISTRATION OF OPIATE ANTAGONISTS FOR
THE PURPOSE OF SAVING THE LIVES OF PEOPLE WHO SUFFER
OPIATE-RELATED DRUG OVERDOSE EVENTS. A PERSON WHO ADMINISTERS
AN OPIATE ANTAGONIST TO ANOTHER PERSON IS URGED TO CALL FOR
EMERGENCY MEDICAL SERVICES IMMEDIATELY.
(2) General immunity. A PERSON OTHER THAN A HEALTH CARE
PROVIDER OR A HEALTH CARE FACILITY WHO ACTS IN GOOD FAITH TO
ADMINISTER AN OPIATE ANTAGONIST TO ANOTHER PERSON WHOM THE
PERSON BELIEVES TO BE SUFFERING AN OPIATE-RELATED DRUG OVERDOSE
EVENT SHALL BE IMMUNE FROM CRIMINAL PROSECUTION FOR SUCH ACT.
(3) (a) Licensed prescribers and dispensers. A PERSON WHO IS
PERMITTED BY LAW TO PRESCRIBE OR DISPENSE AN OPIATE ANTAGONIST
SHALL BE IMMUNE FROM CRIMINAL PROSECUTION FOR:
(I) SUCH PRESCRIBING OR DISPENSING; OR
(II) ANY OUTCOMES RESULTING FROM THE EVENTUAL
ADMINISTRATION OF THE OPIATE ANTAGONIST BY A LAYPERSON.
(b) A PRESCRIBER OR DISPENSER WHO DISPENSES AN OPIATE
ANTAGONIST IS STRONGLY ENCOURAGED TO EDUCATE PERSONS
RECEIVING THE OPIATE ANTAGONIST ON THE USE OF AN OPIATE
ANTAGONIST FOR OVERDOSE, INCLUDING BUT NOT LIMITED TO
INSTRUCTION CONCERNING RISK FACTORS FOR OVERDOSE, RECOGNITION
OF OVERDOSE, CALLING EMERGENCY MEDICAL SERVICES, RESCUE
BREATHING, AND ADMINISTRATION OF AN OPIATE ANTAGONIST.
(4) THE PROVISIONS OF THIS SECTION SHALL NOT BE INTERPRETED
TO ESTABLISH ANY DUTY OR STANDARD OF CARE IN THE PRESCRIBING,
DISPENSING, OR ADMINISTRATION OF AN OPIATE ANTAGONIST.
(5) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "HEALTH CARE FACILITY" MEANS A HOSPITAL, A HOSPICE
INPATIENT RESIDENCE, A NURSING FACILITY, A DIALYSIS TREATMENT
FACILITY, AN ASSISTED LIVING RESIDENCE, AN ENTITY THAT PROVIDES
HOME- AND COMMUNITY-BASED SERVICES, A HOSPICE OR HOME HEALTH
CARE AGENCY, OR ANOTHER FACILITY THAT PROVIDES OR CONTRACTS TO
PROVIDE HEALTH CARE SERVICES, WHICH FACILITY IS LICENSED,
CERTIFIED, OR OTHERWISE AUTHORIZED OR PERMITTED BY LAW TO
PROVIDE MEDICAL TREATMENT.
(b) (I) "HEALTH CARE PROVIDER" MEANS:
(A) A LICENSED OR CERTIFIED PHYSICIAN, NURSE PRACTITIONER,
PHYSICIAN ASSISTANT, OR PHARMACIST; OR
(B) A HEALTH MAINTENANCE ORGANIZATION LICENSED AND
CONDUCTING BUSINESS IN THIS STATE.
(II) "HEALTH CARE PROVIDER" DOES NOT INCLUDE A PODIATRIST,
OPTOMETRIST, DENTIST, OR VETERINARIAN.
(c) "OPIATE" HAS THE SAME MEANING AS SET FORTH IN SECTION
18-18-102 (21).
(d) "OPIATE ANTAGONIST" MEANS NALOXONE HYDROCHLORIDE
OR ANY SIMILARLY ACTING DRUG THAT IS NOT A CONTROLLED SUBSTANCE
AND THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION FOR THE TREATMENT OF A DRUG OVERDOSE.
(e) "OPIATE-RELATED DRUG OVERDOSE EVENT" MEANS AN ACUTE
CONDITION, INCLUDING BUT NOT LIMITED TO A DECREASED LEVEL OF
CONSCIOUSNESS OR RESPIRATORY DEPRESSION RESULTING FROM THE
CONSUMPTION OR USE OF A CONTROLLED SUBSTANCE, OR ANOTHER
SUBSTANCE WITH WHICH A CONTROLLED SUBSTANCE WAS COMBINED,
AND THAT A LAYPERSON WOULD REASONABLY BELIEVE TO BE AN
OPIATE-RELATED DRUG OVERDOSE EVENT THAT REQUIRES MEDICAL
ASSISTANCE.
SECTION 3. In Colorado Revised Statutes, add 13-21-108.7 as
follows:
13-21-108.7. Persons rendering emergency assistance through
the administration of an opiate antagonist - limited immunity -
legislative declaration - definitions. (1) Legislative declaration. THE
GENERAL ASSEMBLY HEREBY ENCOURAGES THE ADMINISTRATION OF
OPIATE ANTAGONISTS FOR THE PURPOSE OF SAVING THE LIVES OF PEOPLE
WHO SUFFER OPIATE-RELATED DRUG OVERDOSE EVENTS. A PERSON WHO
ADMINISTERS AN OPIATE ANTAGONIST TO ANOTHER PERSON IS URGED TO
CALL FOR EMERGENCY MEDICAL SERVICES IMMEDIATELY.
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "HEALTH CARE FACILITY" MEANS A HOSPITAL, A HOSPICE
INPATIENT RESIDENCE, A NURSING FACILITY, A DIALYSIS TREATMENT
FACILITY, AN ASSISTED LIVING RESIDENCE, AN ENTITY THAT PROVIDES
HOME- AND COMMUNITY-BASED SERVICES, A HOSPICE OR HOME HEALTH
CARE AGENCY, OR ANOTHER FACILITY THAT PROVIDES OR CONTRACTS TO
PROVIDE HEALTH CARE SERVICES, WHICH FACILITY IS LICENSED,
CERTIFIED, OR OTHERWISE AUTHORIZED OR PERMITTED BY LAW TO
PROVIDE MEDICAL TREATMENT.
(b) (I) "HEALTH CARE PROVIDER" MEANS:
(A) A LICENSED OR CERTIFIED PHYSICIAN, NURSE PRACTITIONER,
PHYSICIAN ASSISTANT, OR PHARMACIST; OR
(B) A HEALTH MAINTENANCE ORGANIZATION LICENSED AND
CONDUCTING BUSINESS IN THIS STATE.
(II) "HEALTH CARE PROVIDER" DOES NOT INCLUDE A PODIATRIST,
OPTOMETRIST, DENTIST, OR VETERINARIAN.
(c) "OPIATE" HAS THE SAME MEANING AS SET FORTH IN SECTION
18-18-102 (21), C.R.S.
(d) "OPIATE ANTAGONIST" MEANS NALOXONE HYDROCHLORIDE
OR ANY SIMILARLY ACTING DRUG THAT IS NOT A CONTROLLED SUBSTANCE
AND THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION FOR THE TREATMENT OF A DRUG OVERDOSE.
(e) "OPIATE-RELATED DRUG OVERDOSE EVENT" MEANS AN ACUTE
CONDITION, INCLUDING BUT NOT LIMITED TO A DECREASED LEVEL OF
CONSCIOUSNESS OR RESPIRATORY DEPRESSION RESULTING FROM THE
CONSUMPTION OR USE OF A CONTROLLED SUBSTANCE, OR ANOTHER
SUBSTANCE WITH WHICH A CONTROLLED SUBSTANCE WAS COMBINED,
AND THAT A LAYPERSON WOULD REASONABLY BELIEVE TO BE AN
OPIATE-RELATED DRUG OVERDOSE EVENT THAT REQUIRES MEDICAL
ASSISTANCE.
(3) General immunity. A PERSON OTHER THAN A HEALTH CARE
PROVIDER OR A HEALTH CARE FACILITY WHO ACTS IN GOOD FAITH TO
ADMINISTER AN OPIATE ANTAGONIST TO ANOTHER PERSON WHOM THE
PERSON BELIEVES TO BE SUFFERING AN OPIATE-RELATED DRUG OVERDOSE
EVENT SHALL NOT BE LIABLE FOR ANY CIVIL DAMAGES FOR ACTS OR
OMISSIONS MADE AS A RESULT OF SUCH ACT.
(4) (a) Licensed prescribers and dispensers. A PERSON WHO IS
PERMITTED BY LAW TO PRESCRIBE OR DISPENSE AN OPIATE ANTAGONIST
SHALL NOT BE LIABLE FOR ANY CIVIL DAMAGES RESULTING FROM:
(I) SUCH PRESCRIBING OR DISPENSING; OR
(II) ANY OUTCOMES RESULTING FROM THE EVENTUAL
ADMINISTRATION OF THE OPIATE ANTAGONIST BY A LAYPERSON.
(b) A PRESCRIBER OR DISPENSER WHO DISPENSES AN OPIATE
ANTAGONIST IS STRONGLY ENCOURAGED TO EDUCATE PERSONS
RECEIVING THE OPIATE ANTAGONIST ON THE USE OF AN OPIATE
ANTAGONIST FOR OVERDOSE, INCLUDING BUT NOT LIMITED TO
INSTRUCTION CONCERNING RISK FACTORS FOR OVERDOSE, RECOGNITION
OF OVERDOSE, CALLING EMERGENCY MEDICAL SERVICES, RESCUE
BREATHING, AND ADMINISTRATION OF AN OPIATE ANTAGONIST.
(5) THE PROVISIONS OF THIS SECTION SHALL NOT BE INTERPRETED
TO ESTABLISH ANY DUTY OR STANDARD OF CARE IN THE PRESCRIBING,
DISPENSING, OR ADMINISTRATION OF AN OPIATE ANTAGONIST.
SECTION 4. In Colorado Revised Statutes, 12-36-117, add (1.7)
as follows:
12-36-117. Unprofessional conduct. (1.7) THE PRESCRIBING,
DISPENSING, OR DISTRIBUTION OF AN OPIATE ANTAGONIST BY A LICENSED
HEALTH CARE PRACTITIONER SHALL NOT CONSTITUTE UNPROFESSIONAL
CONDUCT IF HE OR SHE PRESCRIBED, DISPENSED, OR DISTRIBUTED THE
OPIATE ANTAGONIST IN A GOOD FAITH EFFORT TO ASSIST:
(a) A PERSON WHO IS AT INCREASED RISK OF EXPERIENCING OR
LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG OVERDOSE EVENT, AS
DEFINED IN SECTION 18-1-712 (5) (e), C.R.S.; OR
(b) A FAMILY MEMBER, FRIEND, OR OTHER PERSON WHO IS IN A
POSITION TO ASSIST A PERSON WHO IS AT INCREASED RISK OF
EXPERIENCING OR LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG
OVERDOSE EVENT, AS DEFINED IN SECTION 18-1-712 (5) (e), C.R.S.
SECTION 5. In Colorado Revised Statutes, 12-42.5-123, add (3)
as follows:
12-42.5-123. Unprofessional conduct - grounds for discipline.
(3) THE DISPENSING OR DISTRIBUTION OF AN OPIATE ANTAGONIST BY A
PHARMACIST SHALL NOT CONSTITUTE UNPROFESSIONAL CONDUCT IF HE
OR SHE DISPENSED OR DISTRIBUTED THE OPIATE ANTAGONIST IN A GOOD
FAITH EFFORT TO ASSIST:
(a) A PERSON WHO IS AT INCREASED RISK OF EXPERIENCING OR
LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG OVERDOSE EVENT, AS
DEFINED IN SECTION 18-1-712 (5) (e), C.R.S.; OR
(b) A FAMILY MEMBER, FRIEND, OR OTHER PERSON WHO IS IN A
POSITION TO ASSIST A PERSON WHO IS AT INCREASED RISK OF
EXPERIENCING OR LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG
OVERDOSE EVENT, AS DEFINED IN SECTION 18-1-712 (5) (e), C.R.S.
SECTION 6. In Colorado Revised Statutes, 12-38-117, add (6)
as follows:
12-38-117. Grounds for discipline. (6) THE PRESCRIBING,
DISPENSING, OR DISTRIBUTION OF AN OPIATE ANTAGONIST BY AN
ADVANCED PRACTICE NURSE SHALL NOT CONSTITUTE GROUNDS FOR
DISCIPLINE IF HE OR SHE PRESCRIBED, DISPENSED, OR DISTRIBUTED THE
OPIATE ANTAGONIST IN A GOOD FAITH EFFORT TO ASSIST:
(a) A PERSON WHO IS AT INCREASED RISK OF EXPERIENCING OR
LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG OVERDOSE EVENT, AS
DEFINED IN SECTION 18-1-712 (5) (e), C.R.S.; OR
(b) A FAMILY MEMBER, FRIEND, OR OTHER PERSON WHO IS IN A
POSITION TO ASSIST A PERSON WHO IS AT INCREASED RISK OF
EXPERIENCING OR LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG
OVERDOSE EVENT, AS DEFINED IN SECTION 18-1-712 (5) (e), C.R.S.
SECTION 7. In Colorado Revised Statutes, 12-42.5-102, add
(42) (b) (XIV) as follows:
12-42.5-102. Definitions. As used in this article, unless the
context otherwise requires or the term is otherwise defined in another
part of this article:
(42) (b) "Wholesale distribution" does not include:
(XIV) THE DISTRIBUTION OF NALOXONE.
SECTION 8. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".


Health &
Human
Services

Senate Journal, March 1
After consideration on the merits, the Committee recommends that SB13-014 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Health and Human Services Committee Report, dated
February 14, 2013, page 6, after line 4 insert:

"SECTION 8. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
division of professions and occupations cash fund created in section 24-
34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise
appropriated, to the department of regulatory agencies, for the fiscal year
beginning July 1, 2013, the sum of $8,318, or so much thereof as may be
necessary, to be allocated for the implementation of this act as follows:
(a) $6,000 to the division of professions and occupations for
board meeting costs; and
(b) $2,318 to the executive director's office and administrative
services for the purchase of legal services.
(2) In addition to any other appropriation, there is hereby
appropriated to the department of law, for the fiscal year beginning July
1, 2013, the sum of $2,318, or so much thereof as may be necessary, for
the provision of legal services for the department of regulatory agencies
related to the implementation of this act. Said sum is from reappropriated
funds received from the department of regulatory agencies out of the
appropriation made in paragraph (b) of subsection (1) of this section.".

Renumber succeeding section accordingly.

Amend printed bill, page 1, line 102, strike "EVENTS." and substitute
"EVENTS, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".


Appro-
priations

Senate Journal, March 5
SB13-014 by Senator(s) Aguilar; --Concerning the use of opiate antagonists to treat persons who
suffer opiate-related drug overdose events, and, in connection therewith, making an
appropriation.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, February 15, page(s) 241-244 and placed in members' bill
files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 1, page(s) 369-370 and placed in members' bill files.)

Amendment No. 3(L.006), by Senator Aguilar.

Amend Senate Health & Human Services Committee Report, dated
February 14, 2013, page 6, after line 4, insert:

"SECTION 8. In Colorado Revised Statutes, amend 12-42.5-105
as follows:
12-42.5-105. Rules. (1) The board shall make, adopt, amend, or
repeal rules in accordance with article 4 of title 24, C.R.S., that the board
deems necessary for the proper administration and enforcement of the
responsibilities and duties delegated to the board by this article, including
those relating to nuclear pharmacies.
(2) ON OR BEFORE JANUARY 1, 2014, THE BOARD SHALL ADOPT OR
AMEND RULES AS NECESSARY TO PERMIT THE DISPENSING OF AN OPIATE
ANTAGONIST, AS DEFINED IN SECTION 18-1-712 (5) (d), C.R.S., BY A
PHARMACIST TO A PERSON WHO IS AT INCREASED RISK OF EXPERIENCING
OR LIKELY TO EXPERIENCE AN OPIATE-RELATED DRUG OVERDOSE EVENT,
AS DEFINED IN SECTION 18-1-712 (5) (e), C.R.S., OR TO A FAMILY
MEMBER, FRIEND, OR OTHER PERSON WHO IS IN A POSITION TO ASSIST
SUCH A PERSON, SO LONG AS THE PRESCRIPTION FOR THE OPIATE
ANTAGONIST PROVIDES FOR THE DISPENSING OF THE OPIATE ANTAGONIST
TO SUCH A FAMILY MEMBER, FRIEND, OR OTHER PERSON.".

Renumber succeeding section accordingly.

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



Fiscal Notes:

Fiscal Note


SB13-016 Self-driving Motor Vehicle Guidance 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: BROPHY
Summary: The bill makes a legislative declaration and clarifies that a person may drive using a guidance system but requires the system to:
* Safely operate in conformity with traffic law;
* Have an override switch;
* Return control to the driver when the driver steers, brakes, or uses the override switch;
* Show the driver whether the system is engaged;
* Alert the driver and bring the motor vehicle to a stop unless the driver takes manual control upon detecting a system failure. A driver needs a license and insurance when using a guidance system. A driver may use a mobile phone, including text messaging, while using a guidance system. A driver of a motor truck or in a motorcade need not leave room for another vehicle to enter the space in front of the driver while using the guidance system. By August 30, 2018, the department of revenue and state patrol will give a report on guidance systems and make recommendations to the general assembly concerning the use of guidance systems.
Status: 02/05/2013 Senate Committee on Transportation Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


SB13-031 Tuition For Dropout Recovery Program Students 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: GIRON / PETTERSEN
Summary: The bill clarifies that a local education provider that operates a dropout recovery program must pay the student share of the tuition for each postsecondary course in which a student enrolls while participating in the program, not just for those courses that the student completes.
Status: 03/15/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


SB13-054 Underage Person Alcohol Consumption Parent Consent 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: BROPHY / PRIOLA
Summary: Current law prohibits a person under 21 years of age (underage person) from possessing or consuming alcohol unless:
* The underage person is legally present on private property with the knowledge and consent of the property owner; and
* The parent or legal guardian of the underage person is present on the property and consents to the possession or consumption by the underage person. Additionally, an underage person may possess or consume alcohol for religious, educational, or medical purposes. The "Colorado Liquor Code" also prohibits a person from selling, serving, or delivering an alcohol beverage to an underage person. The bill permits a restaurant or other establishment licensed to sell alcohol for on-premises consumption to serve, and an underage person to consume on the licensed premises, an alcohol beverage if the underage person's parent or legal guardian who is at least 21 years of age purchases the alcohol beverage for the underage person and accompanies the underage person while he or she is consuming the alcohol beverage. If the licensed establishment reasonably relies on documentation or other representation of the parent or legal guardian relationship, and the person purchasing the alcohol beverages is not, in fact, the parent or legal guardian of the underage person, that reliance and alcohol beverage sale is not grounds for revocation or suspension of the establishment's liquor license.
Status: 01/30/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


SB13-062 Require Security At No-firearms Businesses 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: LAMBERT / SAINE
Summary: A private business entity shall be liable for damages in any civil action brought by an invitee if:
* The private business entity holds itself open to the public;
* The private business entity prohibits the carrying of firearms, whether concealed or open, on the premises of the business, where such carrying would otherwise be permitted under law;
* The private business entity fails to employ on the premises of the business at least 1 on-duty security officer, who is armed with a firearm, for each 50 persons who are present on the premises of the business; and
* The invitee incurs said damages as a result of actions taken by another person, against whose actions the invitee could have defended himself or herself with a firearm in the absence of the private business entity's prohibition against the carrying of firearms. "Private business entity" includes, but is not limited to, a tax-exempt, not-for-profit entity that conducts retail sales or provides retail services to the public.
Status: 01/30/2013 Senate Committee on Judiciary Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


SB13-111 Require Reports Of Elder Abuse And Exploitation 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HUDAK / SCHAFER
Summary: Current law states that specified professionals who have reasonable cause to believe that a person 18 years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs (at-risk adult) should report that fact to a county department of social services (county department) or a local law enforcement agency. Under the bill, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who fails to report commits a class 3 misdemeanor. Within 24 hours after receiving a report of abuse or exploitation of an at-risk elder, a law enforcement agency shall notify the at-risk elder's county department and district attorney's office of the report. The law enforcement agency shall complete a criminal investigation when appropriate. Upon completion of an investigation, the law enforcement agency shall provide a report of the investigation to the at-risk elder's county department and a district attorney's office. A person who reports an incident of abuse or exploitation to a law enforcement agency is immune from a civil action or criminal prosecution if the report was made in good faith. A person who knowingly makes a false report commits a class 3 misdemeanor. The new reporting duty does not increase the professional duty of care, if any, that is owed to an at-risk elder by a mandatory reporter. The bill adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters. A person who exercises undue influence to convert or take possession of an at-risk elder's money, assets, or other property commits statutory theft. On or before January 1, 2014, the peace officers standards and training board (P.O.S.T. board) shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders. On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum. The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum. On and after January 1, 2014, the state department of human services (state department) shall implement a program to generate awareness among:
* The residents of the state regarding the mistreatment, self-neglect, and exploitation of at-risk adults;
* The professionals who are urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult; and
* Mandatory reporters. On or before December 31, 2016, the state department shall prepare and deliver to the joint budget committee and to the health and human services committee of the senate; the health, insurance, and environment committee of the house of representatives; and the public health care and human services committee of the house of representatives, or to any successor committee, a report concerning the implementation of mandatory reports of abuse and exploitation of at-risk elders. Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The bill changes this definition to raise the minimum age of 60 years of age to 70 years of age. The bill repeals provisions concerning protection against financial exploitation of at-risk adults. The bill repeals the elder abuse task force.
Status: 05/16/2013 Governor Action - Signed
Amendments:

Senate Journal, February 22
After consideration on the merits, the Committee recommends that SB13-111 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 3, line 8, strike "laws;" and substitute "laws and
provide for criminal penalties for mandatory reporters who fail to report,
provided however there shall not be civil liability for damages
proximately caused by a failure to report such as those allowed under
section 19-3-304 (4), Colorado Revised Statutes;".

Page 6, line 22, after "MEMBERS;" insert "EXCEPT THAT THE REPORTING
REQUIREMENT DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
SHALL NOT APPLY TO A PERSON WHO ACQUIRES REASONABLE CAUSE TO
BELIEVE THAT AN AT-RISK ELDER HAS BEEN MISTREATED OR HAS BEEN
EXPLOITED OR IS AT IMMINENT RISK OF MISTREATMENT OR EXPLOITATION
DURING A COMMUNICATION ABOUT WHICH THE PERSON MAY NOT BE
EXAMINED AS A WITNESS PURSUANT TO SECTION 13-90-107 (1) (c),
C.R.S., UNLESS THE PERSON ALSO ACQUIRES SUCH REASONABLE CAUSE
FROM A SOURCE OTHER THAN SUCH A COMMUNICATION;".

Page 7, line 4, strike "OR EMPLOYEE OF OR" and substitute "EMPLOYEE,".

Page 7, line 5, strike "VOLUNTEER".

Page 7, line 8, after "WHO" insert "WILLFULLY".

Page 7, after line 10 insert:
"(d) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF
THIS SUBSECTION (1), A PERSON DESCRIBED IN PARAGRAPH (b) OF THIS
SUBSECTION (1) IS NOT REQUIRED TO REPORT THE ABUSE OR
EXPLOITATION OF AN AT-RISK ELDER IF THE PERSON KNOWS THAT
ANOTHER PERSON HAS ALREADY REPORTED TO A LAW ENFORCEMENT
AGENCY THE SAME ABUSE OR EXPLOITATION THAT WOULD HAVE BEEN
THE BASIS OF THE PERSON'S OWN REPORT.".

Page 7, line 12, strike "MISTREATMENT" and substitute "EXPLOITATION".

Page 7, line 22, strike "CRIMINAL ALLEGATIONS, INCLUDING THE".

Page 8, line 17, strike "A RELATED CIVIL ACTION FOR DAMAGES" and
substitute "SUIT AND LIABILITY FOR DAMAGES IN ANY CIVIL ACTION".

Page 9, strike lines 2 and 3 and substitute "SECTION SHALL NOT BE
INTERPRETED AS CREATING A CIVIL DUTY OF CARE OR ESTABLISHING A
CIVIL STANDARD OF CARE".

Page 9, line 12, after "THE" insert "NONACCIDENTAL".

Page 12, strike lines 26 and 27 and substitute "OF MIND, NEEDINESS, PAIN,
OR AGONY.".

Page 13, strike lines 1 and 2.

Page 18, line 7, strike "H.B. 13-___," and substitute "S.B. 13-111,".


Health &
Human
Services


Fiscal Notes:

Fiscal Note


SB13-138 School Resource Officer Programs In Public Schools 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: KING
Summary: The bill defines "school resource officer" and "community partners" and expressly includes school resource officers as community partners for the purposes of school safety, readiness, and incident management. The school safety resource center is required to contract the services of a full-time grant writer and to create and provide templates and guidance to school districts and schools seeking school safety funding. The school safety resource center is also required to provide suggestions concerning training for school resource officers. The school safety resource center advisory board is increased from 13 to 14 members to reflect the addition of a school resource officer.
Status: 05/23/2013 Governor Action - Signed
Amendments:

Senate Journal, March 8
After consideration on the merits, the Committee recommends that SB13-138 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 6, line 22, strike "duties." and substitute
"duties - repeal."

Page 6, strike lines 24 through 27 and substitute:

"(i) (I) TO HIRE OR CONTRACT FOR THE SERVICES OF AN
EMERGENCY RESPONSE CONSULTANT WITH EXPERIENCE IN LAW
ENFORCEMENT AND SCHOOL SAFETY TO PROVIDE GUIDANCE FOR
SCHOOLS, SCHOOL RESOURCE OFFICERS, AND OTHER COMMUNITY
PARTNERS FOR SCHOOL BUILDING SAFETY ASSESSMENTS AND THE USE OF
BEST PRACTICES FOR SCHOOL SECURITY, EMERGENCY PREPAREDNESS AND
RESPONSE, INTEROPERABLE COMMUNICATIONS, AND OTHER PROVISIONS
OF THE SCHOOL RESPONSE FRAMEWORK. THE EMERGENCY RESPONSE
OUTREACH CONSULTANT SHALL ALSO WORK WITH THE CENTER DIRECTOR
AND SCHOOL OUTREACH CONSULTANT TO RESEARCH GRANT
OPPORTUNITIES AND PROVIDE ASSISTANCE TO SCHOOLS SEEKING GRANTS
FOR SCHOOL SAFETY AND EMERGENCY RESPONSE ASSISTANCE.
(II) THIS PARAGRAPH (i) IS REPEALED, EFFECTIVE JULY 1, 2018.".

Page 7, strike line 1.

Page 7, after line 22 insert:

"SECTION 7. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of public
safety, for the fiscal year beginning July 1, 2013, the sum of $57,815 and
1.0 FTE, or so much thereof as may be necessary, for allocation to the
school safety resource center related to the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "PROGRAMS." and substitute "PROGRAMS, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

House Journal, March 19
1 SB13-138 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend reengrossed bill, page 3, after line 3 insert:
6
7 "SECTION 2. In Colorado Revised Statutes, 18-12-105.5, amend
8 (3) (e) as follows:
9 18-12-105.5. Unlawfully carrying a weapon - unlawful
10 possession of weapons - school, college, or university grounds. (3) It
11 shall not be an offense under this section if:
12 (e) The person is a SCHOOL RESOURCE OFFICER, AS DEFINED IN
13 SECTION 22-32-109.1 (g.5), C.R.S., OR A peace officer, as described in
14 section 16-2.5-101, C.R.S., when carrying a weapon in conformance with
15 the policy of the employing agency as provided in section 16-2.5-101 (2),
16 C.R.S.; or".
17
18 Renumber succeeding sections accordingly.
19
20


Fiscal Notes:

Fiscal Note


SB13-140 No Federal Laws Concerning Colorado Firearms 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: MARBLE / SAINE
Summary: An employee, agent, or agency of the state, including but not limited to a peace officer, shall not enforce or attempt to enforce any statute, rule, regulation, order, action, or act of the United States government that relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
* Is manufactured commercially or privately within Colorado; and
* Remains exclusively within the borders of Colorado. A statute, rule, or regulation of the United States government that becomes effective on or after January 1, 2013, shall be unenforceable within the borders of Colorado if the statute, rule, or regulation purports to:
* Ban or restrict ownership of a semi-automatic firearm or ammunition magazine;
* Require any firearm, ammunition magazine, or firearm accessory to be registered in any manner;
* Restrict a Colorado resident from purchasing any firearm from a licensed firearms dealer or a private seller in another state; or
* Restrict a resident from another state who visits Colorado from purchasing or possessing any firearm. The attorney general may defend a resident of Colorado who is prosecuted by the United States government for a violation of federal law relating to the manufacture, transfer, or possession of a firearm, an ammunition magazine, ammunition, or a firearm accessory if the firearm, ammunition magazine, ammunition, or firearm accessory at issue:
* Was manufactured commercially or privately within Colorado or purchased from any licensed firearms dealer or private party in Colorado or in another state; and
* Remained exclusively within the borders of Colorado. An employee or agent of the United States government who enforces or attempts to enforce a statute, rule, regulation, order, action, or act of the United States government commits a class 1 misdemeanor if the statute, rule, or regulation relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:
* Is manufactured commercially or privately within Colorado; and
* Remains exclusively within the borders of Colorado.
Status: 04/01/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:
Fiscal Notes:

Fiscal Note


SB13-195 No On-line Training For Concealed Handgun Permits 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: TOCHTROP / MAY
Summary: Under current law, an applicant for a concealed handgun permit is required to demonstrate competence with a handgun. An applicant may demonstrate such competence through various means, including the submission of a training certificate showing that the applicant has completed a handgun training class. The bill provides that, for the purpose of the concealed handgun application process, a "handgun training class" does not include any firearms safety course that allows a person to complete any portion of the course:
* Via the internet or an electronic device; or
* In any location other than the physical location where the certified instructor offers the course.
Status: 05/25/2013 Governor action - signed
Amendments:

Senate Journal, March 8
SB13-195 by Senator(s) Tochtrop; also Representative(s) May--Concerning requiring certain
applicants for concealed handgun permits to complete a handgun training class on the
physical grounds where the certified instructor of the course offers the course.

Amendment No. 1(L.002), by Senator Tochtrop.

Amend printed bill, page 2, line 16, strike "ANY PORTION OF THE" and
substitute "THE ENTIRE".


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



Fiscal Notes:

Fiscal Note


SB13-196 Assault Weapon Responsibility Act 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: MORSE / FIELDS
Summary: The bill concerns liability for the discharge of an assault weapon. It defines an assault weapon as any firearm except:
* Handguns;
* Shotguns; and
* Bolt-action rifles. The bill establishes strict liability against a person who discharges an assault weapon for damages caused by the discharge. It creates an exception for damages occurring within a dwelling if the assault weapon was used to defend the person or others from another person who was about to use physical force against the person or another person within the dwelling. The bill establishes certain exceptions to liability for an owner of an assault weapon. The bill establishes liability for a person who owns, obtains, or possesses an assault weapon for damages caused by the discharge of the assault weapon by a third person if the person was negligent in storing the assault weapon or allowing a third party to come into possession of the assault weapon. The bill establishes liability for a seller and transferor of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person:
* Negligently entrusted the assault weapon to a third party whom the person knew or reasonably should have known might use the weapon to cause bodily injury to the third party or others; or
* Sold or transferred the assault weapon in violation of any state or federal law. The bill establishes liability for a seller, distributor, or manufacturer of an assault weapon for damages caused by the discharge of the assault weapon by a third party if the person sold or transferred the assault weapon in violation of any state or federal law. The bill requires sellers, distributors, and manufacturers to:
* Use the highest degree of care in selling, transferring, distributing, and storing assault weapons; and
* To receive information to have reasonable grounds to believe that the weapon will not be possessed by a person who may use it dangerously or unlawfully. The bill specifies that failure to do so constitutes a violation of state law. The bill repeals the statutes that prohibit certain civil actions from being brought against manufacturers of firearms and ammunition.
Status: 03/08/2013 Senate Second Reading Laid Over to 05/10/2013
Amendments:
Fiscal Notes:

Fiscal Note


SB13-197 No Firearms For Domestic Violence Offenders 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: HUDAK / MCCANN
Summary: When a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a misdemeanor or felony domestic violence offense, the court shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control. In the case of a person who is served in court with a protection order to prevent domestic violence, and in the case of a person who is served with a mandatory protection order prohibiting the person from possessing or controlling firearms or other weapons, the person must relinquish any firearm or ammunition within 24 hours. In the case of a person who is served outside of the court with a protection order to prevent domestic violence, the person must relinquish any firearm or ammunition within 48 hours. However, a court may allow a person up to 72 hours to comply if the person demonstrates to the satisfaction of the court that he or she is unable to comply within 24 or 48 hours, as applicable. To satisfy the requirement, the person may:
* Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer;
* Arrange for the storage of the firearm or ammunition by a law enforcement agency; or
* Sell or transfer the firearm or ammunition to a private party; except that the person shall not transfer a firearm or ammunition to a private party unless the private party has been approved to possess or purchase a firearm pursuant to a background check of the national instant criminal background check system. If a person is unable to satisfy the requirement because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court, as a condition of the person's sentence, shall require the person to relinquish any firearm or ammunition in the person's immediate possession or control or subject to the person's immediate possession or control before the person may be released from such incarceration or custody. If a person sells or otherwise transfers a firearm or ammunition to a private party, the person shall acquire:
* From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the person and the transferee; and
* From the licensed gun dealer who requests from the Colorado bureau of investigation a background check of the transferee, a written statement of the results of the background check. If a local law enforcement agency elects to store firearms or ammunition for a person:
* The agency may charge a fee for such storage, the amount of which shall not exceed the direct and indirect costs incurred by the agency in providing such storage; and
* The agency may establish policies for disposal of abandoned or stolen firearms or ammunition. A federally licensed firearms dealer who takes possession of a firearm or ammunition, and a law enforcement agency that stores a firearm or ammunition, shall issue a receipt to the person who transfers possession of the firearm or ammunition. Not more than 3 calendar days after relinquishing the firearm or ammunition, the person shall file a copy of the receipt with the court as proof of the relinquishment. A person who fails to timely file a receipt commits a class 2 misdemeanor. A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order.
Status: 06/05/2013 Governor Action - Signed
Amendments:

Senate Journal, March 5
After consideration on the merits, the Committee recommends that SB13-197 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 8, strike lines 19 and 20 and substitute "THAT
QUALIFIES AS AN".

Page 12, line 3, strike "PARAGRAPH (c) OF SUBSECTION (3) OF THIS
SECTION" and substitute "THIS SUBSECTION (9)".

Page 12, strike lines 13 through 19 and substitute "COURT ON THE
RECORD TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, AS
DEFINED IN 18 U.S.C. SEC. 921 (a) (33), OR THAT IS PUNISHABLE BY A
TERM OF IMPRISONMENT EXCEEDING ONE YEAR AND INCLUDES AN ACT OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), THE".

Page 20, strike lines 23 and 24 and substitute "THAT QUALIFIES AS".

Page 24, line 3, strike "PARAGRAPH (c) OF SUBSECTION (3) OF THIS
SECTION" and substitute "THIS SUBSECTION (9)".

Page 24, strike lines 13 through 19 and substitute "COURT ON THE
RECORD TO BE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, AS
DEFINED IN 18 U.S.C. SEC. 921 (a) (33), OR THAT IS PUNISHABLE BY A
TERM OF IMPRISONMENT EXCEEDING ONE YEAR AND INCLUDES AN ACT OF
DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.3 (1), THE".


State,
Veterans, &
Military
Affairs

Senate Journal, March 8
SB13-197 by Senator(s) Hudak, Newell; also Representative(s) McCann and Fields--Concerning
preventing persons who have committed domestic violence from possessing firearms.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, March 5, page(s) 381 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 6, page(s) 397 and placed in members' bill files.)

Amendment No. 3(L.009), by Senator Hudak.

Amend printed bill, page 7, line 21, after "(g)" insert "(I)".

Page 8, line 3, strike "(I)" and substitute "(A)".

Page 8, line 5, strike "(II)" and substitute "(B)".

Page 8, after line 6 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE RESPONDENT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 11, line 13, after "(g)" insert "(I)".

Page 11, line 22, strike "(I)" and substitute "(A)".

Page 11, line 24, strike "(II)" and substitute "(B)".

Page 11, after line 25 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 15, line 10, after "(g)" insert "(I)".

Page 15, line 19, strike "(I)" and substitute "(A)".

Page 15, line 22, strike "(II)" and substitute "(B)".

Page 15, after line 23 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF THIS
PARAGRAPH (g), THE COURT SHALL TAKE JUDICIAL NOTICE OF THE
DEFENDANT'S FAILURE TO FILE A RECEIPT OR WRITTEN STATEMENT, WHICH
WILL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE DEFENDANT HAS
VIOLATED THIS PARAGRAPH (g), AND TESTIMONY OF THE CLERK OF THE
COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 19, line 25, after "(g)" insert "(I)".

Page 20, line 7, strike "(I)" and substitute "(A)".

Page 20, line 9, strike "(II)" and substitute "(B)".

Page 20, after line 10 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE RESPONDENT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 23, line 13, after "(g)" insert "(I)".

Page 23, line 22, strike "(I)" and substitute "(A)".

Page 23, line 24, strike "(II)" and substitute "(B)".

Page 23, after line 25 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (g), THE COURT
SHALL TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A
RECEIPT OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE
EVIDENCE OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO
SECTION 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF
THE COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".

Page 27, line 6, after "(g)" insert "(I)".

Page 27, line 15, strike "(I)" and substitute "(A)".

Page 27, line 18, strike "(II)" and substitute "(B)".

Page 27, after line 19 insert:

"(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF THIS
PARAGRAPH (g), THE COURT SHALL TAKE JUDICIAL NOTICE OF THE
DEFENDANT'S FAILURE TO FILE A RECEIPT OR WRITTEN STATEMENT, WHICH
WILL CONSTITUTE PRIMA FACIE EVIDENCE THAT THE DEFENDANT HAS
VIOLATED THIS PARAGRAPH (g), AND TESTIMONY OF THE CLERK OF THE
COURT OR HIS OR HER DEPUTY IS NOT REQUIRED.".


Amendment No. 4(L.010), by Senator Hudak.

Amend printed bill, page 4, strike line 23 and substitute "(8), THE COURT,
AS PART OF SUCH ORDER:
(I) SHALL ORDER THE PERSON TO:".

Page 4, line 24, strike "(I)" and substitute "(A)".

Page 4, line 26, strike "(II)" and substitute "(B)".

Page 5, strike line 2 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE PERSON IS RELEASED FROM
CUSTODY ON BOND, THE PERSON SHALL RELINQUISH, FOR THE DURATION
OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL.".

Page 6, line 8, strike "INVESTIGATION" and substitute "INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU",".

Page 6, strike lines 14 through 19 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE RESPONDENT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE RESPONDENT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
RESPONDENT'S INCARCERATION. IN SUCH A CASE, A RESPONDENT'S
FAILURE TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 6, line 23, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE RESPONDENT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
RESPONDENT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
RESPONDENT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 7, after line 7 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION
(22), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN THE FIREARM
OR AMMUNITION TO THE RESPONDENT UNLESS THE AGENCY EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE RESPONDENT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE RESPONDENT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A PERSON PURSUANT TO THIS SUBSECTION
(22) MAY ELECT TO CEASE STORING THE FIREARM OR AMMUNITION. A
LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE STORING A FIREARM
OR AMMUNITION FOR A PERSON SHALL NOTIFY THE PERSON OF SUCH
DECISION AND REQUEST THAT THE PERSON IMMEDIATELY MAKE
ARRANGEMENTS FOR THE TRANSFER OF THE POSSESSION OF THE FIREARM
OR AMMUNITION TO THE PERSON OR, IF THE PERSON IS PROHIBITED FROM
POSSESSING A FIREARM, TO ANOTHER PERSON WHO IS LEGALLY
PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE PERSON AS
DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g), THE LAW
ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION
IF THE PERSON FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
FIREARM OR AMMUNITION AND TO COMPLETE SAID TRANSFER WITHIN
NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 7, line 23, strike "(f)" and substitute "(h)".

Page 7, line 26, strike "(f)" and substitute "(h)".

Page 8, line 2, strike "(g):" and substitute "(i):".

Page 8, after line 14 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A PERSON
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A PERSON IN GOOD FAITH AS PERMITTED
BY PARAGRAPH (f) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".
Page 8, line 18, strike "PERSON" and substitute "DEFENDANT".

Page 8, strike line 22 and substitute "SUCH ORDER:
(I) SHALL ORDER THE DEFENDANT TO:".

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

Page 8, line 25, strike "(II)" and substitute "(B)".

Page 8, line 26, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 8, line 27, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 9, strike line 1 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 9, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 6, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 9, strike "RESPONDENT" and substitute "DEFENDANT".

Page 9, line 23, strike "PERSON" and substitute "DEFENDANT".

Page 10, line 1, strike "INVESTIGATION" and substitute "INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU",".

Page 10, line 4, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, strike lines 7 through 11 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 10, line 14, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, line 15, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 10, line 24, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, line 25, strike "RESPONDENT" and substitute "DEFENDANT".

Page 10, after line 26 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A DEFENDANT AND NOTIFIES THE
DEFENDANT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g),
THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR
AMMUNITION IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE
TRANSFER OF THE FIREARM OR AMMUNITION AND TO COMPLETE SAID
TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 10, line 27, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 14, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 15, strike "(f)" and substitute "(h)".

Page 11, line 18, strike "(f)" and substitute "(h)".

Page 11, line 19, strike "RESPONDENT" and substitute "DEFENDANT".

Page 11, line 21, strike "(g):" and substitute "(i):".

Page 11, line 24, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 11, line 27, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 12, after line 6 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (9) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (9) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 12, line 10, strike "PERSON" and substitute "DEFENDANT".

Page 12, line 11, strike "PERSON" and substitute "DEFENDANT".

Page 12, line 19, strike "ACTOR" and substitute "DEFENDANT".

Page 12, strike line 20 and substitute "COURT:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 12, line 21, strike "(I)" and substitute "(A)".

Page 12, line 23, strike "(II)" and substitute "(B)".

Page 12, line 23, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 12, line 24, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 12, strike line 25 and substitute "IMMEDIATE POSSESSION OR
CONTROL; AND
(II) MAY REQUIRE THAT, BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 13, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 13, line 5, strike "RESPONDENT" and substitute "DEFENDANT".

Page 13, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 13, line 20, strike "PERSON" and substitute "DEFENDANT".

Page 13, line 25, strike "INVESTIGATION" and substitute "INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU",".

Page 14, strike lines 4 through 8 and substitute "ENFORCEMENT AGENCY,
THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 14, line 11, strike "RESPONDENT" and substitute "DEFENDANT".

Page 14, line 12, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 14, line 21, strike "RESPONDENT" and substitute "DEFENDANT".

Page 14, after line 23 insert:
"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., OR PURSUANT TO 18 U.S.C. SEC. 922, BE CONDUCTED OF THE
DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A DEFENDANT AND NOTIFIES THE
DEFENDANT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g),
THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR
AMMUNITION IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE
TRANSFER OF THE FIREARM OR AMMUNITION AND COMPLETE SAID
TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 15, line 12, strike "(f)" and substitute "(h)".

Page 15, line 15, strike "(f)" and substitute "(h)".

Page 15, line 18, strike "(g):" and substitute "(i):".

Page 15, after line 23 insert:

"(j) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (8) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (8) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 16, strike lines 23 and 24 and substitute "WITH THE COURT AS
DESCRIBED IN SECTION 13-14-102 (22) (i), C.R.S., OR IN SECTION
18-1-1001 (9) (i) OR 18-6-801(8) (i).".

Page 17, strike line 4 and substitute "(8), THE COURT, AS PART OF SUCH
ORDER:
(I) SHALL ORDER THE PERSON TO:".

Page 17, line 5, strike "(I)" and substitute "(A)".

Page 17, line 7, strike "(II)" and substitute "(B)".

Page 17, strike line 10 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE PERSON IS RELEASED FROM
CUSTODY ON BOND, THE PERSON SHALL RELINQUISH, FOR THE DURATION
OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE PERSON'S
IMMEDIATE POSSESSION OR CONTROL.".

Page 18, strike lines 19 through 24 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE RESPONDENT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE RESPONDENT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE RESPONDENT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
RESPONDENT'S INCARCERATION. IN SUCH A CASE, A RESPONDENT'S
FAILURE TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 19, line 1, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE RESPONDENT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S. REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU", TO REQUEST THAT A BACKGROUND CHECK, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE
RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
RESPONDENT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
RESPONDENT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 19, after line 12 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR PERSONS PURSUANT TO THIS SUBSECTION
(22), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN THE FIREARM
OR AMMUNITION TO THE RESPONDENT UNLESS THE AGENCY EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE RESPONDENT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE RESPONDENT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE RESPONDENT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A PERSON PURSUANT TO THIS SUBSECTION
(22) MAY ELECT TO CEASE STORING THE FIREARM OR AMMUNITION. A
LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE STORING A FIREARM
OR AMMUNITION FOR A PERSON SHALL NOTIFY THE PERSON OF SUCH
DECISION AND REQUEST THAT THE PERSON IMMEDIATELY MAKE
ARRANGEMENTS FOR THE TRANSFER OF THE POSSESSION OF THE FIREARM
OR AMMUNITION TO THE PERSON OR, IF THE PERSON IS PROHIBITED FROM
POSSESSING A FIREARM, TO ANOTHER PERSON WHO IS LEGALLY
PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE PERSON AS
DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g), THE LAW
ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION
IF THE PERSON FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
FIREARM OR AMMUNITION AND COMPLETE SAID TRANSFER WITHIN NINETY
DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 19, line 22, strike "COLORADO BUREAU OF INVESTIGATION" and
substitute "BUREAU".

Page 19, line 27, strike "(f)" and substitute "(h)".

Page 20, line 3, strike "(f)" and substitute "(h)".

Page 20, line 6, strike "(g):" and substitute "(i):".

Page 20, after line 18 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A PERSON
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A PERSON IN GOOD FAITH AS PERMITTED
BY PARAGRAPH (f) OF THIS SUBSECTION (22) SHALL NOT BE HELD
CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 20, line 22, strike "PERSON" and substitute "DEFENDANT".

Page 20, strike line 26 and substitute "OF SUCH ORDER:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 20, line 27, strike "(I)" and substitute "(A)".

Page 21, line 2, strike "(II)" and substitute "(B)".

Page 21, line 3, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 21, line 4, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 21, strike line 5 and substitute "CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 21, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 10, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 11, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 13, strike "RESPONDENT" and substitute "DEFENDANT".

Page 21, line 27, strike "PERSON" and substitute "DEFENDANT".

Page 22, line 5, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, strike lines 8 through 12 and substitute "ENFORCEMENT
AGENCY, THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT.".

Page 22, line 15, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, line 16, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU", TO REQUEST THAT A BACKGROUND CHECK, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE
DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 22, line 25, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, line 26, strike "RESPONDENT" and substitute "DEFENDANT".

Page 22, after line 27 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (9) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A PERSON AND NOTIFIES THE DEFENDANT
AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g), THE LAW
ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR AMMUNITION
IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE TRANSFER OF
THE FIREARM OR AMMUNITION AND COMPLETE SAID TRANSFER WITHIN
NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 23, line 1, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 4, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 8, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 10, strike "COLORADO BUREAU OF INVESTIGATION" and
substitute "BUREAU".

Page 23, line 14, strike "RESPONDENT," and substitute "DEFENDANT,".

Page 23, line 15, strike "(f)" and substitute "(h)".

Page 23, line 17, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 18, strike "(f)" and substitute "(h)".

Page 23, line 19, strike "RESPONDENT" and substitute "DEFENDANT".

Page 23, line 21, strike "(g):" and substitute "(i):".

Page 23, line 24, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 23, line 27, strike "RESPONDENT'S" and substitute "DEFENDANT'S".

Page 24, after line 6 insert:

"(l) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (9) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (9) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".

Page 24, line 11, strike "PERSON" and substitute "DEFENDANT".

Page 24, line 19, strike "ACTOR" and substitute "DEFENDANT".

Page 24, strike line 20 and substitute "COURT:
(I) SHALL ORDER THE DEFENDANT TO:".

Page 24, line 21, strike "(I)" and substitute "(A)".

Page 24, line 23, strike "(II)" and substitute "(B)".

Page 24, line 23, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 24, line 24, strike "PERSON'S" and substitute "DEFENDANT'S".

Page 24, strike line 25 and substitute "IMMEDIATE POSSESSION OR
CONTROL; AND
(II) MAY REQUIRE THAT BEFORE THE DEFENDANT IS RELEASED
FROM CUSTODY ON BOND, THE DEFENDANT SHALL RELINQUISH, FOR THE
DURATION OF THE ORDER, ANY FIREARM OR AMMUNITION IN THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE
DEFENDANT'S IMMEDIATE POSSESSION OR CONTROL.".

Page 25, line 3, strike "RESPONDENT" and substitute "DEFENDANT".

Page 25, line 5, strike "RESPONDENT" and substitute "DEFENDANT".

Page 25, line 7, strike "RESPONDENT" and substitute "DEFENDANT".

Page 25, line 20, strike "PERSON" and substitute "DEFENDANT".

Page 26, strike lines 1 through 5 and substitute "ENFORCEMENT AGENCY,
THE COURT SHALL REQUIRE THE DEFENDANT TO SATISFY SUCH
PROVISIONS NOT MORE THAN TWENTY-FOUR HOURS AFTER HIS OR HER
RELEASE FROM INCARCERATION OR CUSTODY OR BE HELD IN CONTEMPT
OF COURT. NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH (c),
THE COURT MAY, IN ITS DISCRETION, REQUIRE THE DEFENDANT TO
RELINQUISH ANY FIREARM OR AMMUNITION IN THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL OR SUBJECT TO THE DEFENDANT'S
IMMEDIATE POSSESSION OR CONTROL BEFORE THE END OF THE
DEFENDANT'S INCARCERATION. IN SUCH A CASE, A DEFENDANT'S FAILURE
TO RELINQUISH A FIREARM OR AMMUNITION AS REQUIRED SHALL
CONSTITUTE CONTEMPT OF COURT."

Page 26, line 8, strike "RESPONDENT" and substitute "DEFENDANT".
Page 26, line 9, after "RELINQUISHMENT." add "THE FEDERALLY
LICENSED FIREARMS DEALER SHALL NOT RETURN THE FIREARM OR
AMMUNITION TO THE DEFENDANT UNLESS THE DEALER EITHER:
(I) (A) CONTACTS THE COLORADO BUREAU OF INVESTIGATION
CREATED IN SECTION 24-33.5-401, C.R.S., REFERRED TO WITHIN THIS
SECTION AS THE "BUREAU", TO REQUEST THAT A BACKGROUND CHECK, IN
ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., BE CONDUCTED OF THE
DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., OR
PURSUANT TO 18 U.S.C. SEC. 922, HAS BEEN CONDUCTED OF THE
DEFENDANT WITHIN THE PRECEDING THIRTY DAYS AND THAT THE
DEFENDANT WAS THEREBY APPROVED TO POSSESS A FIREARM.".

Page 26, line 18, strike "RESPONDENT" and substitute "DEFENDANT".

Page 26, after line 20 insert:

"(f) IF A LOCAL LAW ENFORCEMENT AGENCY ELECTS TO STORE
FIREARMS OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8), THE LAW ENFORCEMENT AGENCY SHALL NOT RETURN
THE FIREARM OR AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY
EITHER:
(I) (A) CONTACTS THE BUREAU TO REQUEST THAT A
BACKGROUND CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424,
C.R.S., BE CONDUCTED OF THE DEFENDANT; AND
(B) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
AFTER THE PERFORMANCE OF THE BACKGROUND CHECK; OR
(II) RECEIVES WRITTEN DOCUMENTATION THAT A BACKGROUND
CHECK, IN ACCORDANCE WITH SECTION 24-33.5-424, C.R.S., HAS BEEN
CONDUCTED OF THE DEFENDANT WITHIN THE PRECEDING THIRTY DAYS
AND THAT THE DEFENDANT WAS THEREBY APPROVED TO RECEIVE
TRANSFER OF A FIREARM.
(g) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS TO STORE A
FIREARM OR AMMUNITION FOR A DEFENDANT PURSUANT TO THIS
SUBSECTION (8) MAY ELECT TO CEASE STORING THE FIREARM OR
AMMUNITION. A LAW ENFORCEMENT AGENCY THAT ELECTS TO CEASE
STORING A FIREARM OR AMMUNITION FOR A DEFENDANT SHALL NOTIFY
THE DEFENDANT OF SUCH DECISION AND REQUEST THAT THE DEFENDANT
IMMEDIATELY MAKE ARRANGEMENTS FOR THE TRANSFER OF THE
POSSESSION OF THE FIREARM OR AMMUNITION TO THE DEFENDANT OR, IF
THE DEFENDANT IS PROHIBITED FROM POSSESSING A FIREARM, TO
ANOTHER PERSON WHO IS LEGALLY PERMITTED TO POSSESS A FIREARM.
(II) IF A LAW ENFORCEMENT AGENCY ELECTS TO CEASE STORING
A FIREARM OR AMMUNITION FOR A DEFENDANT AND NOTIFIES THE
DEFENDANT AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (g),
THE LAW ENFORCEMENT AGENCY MAY DISPOSE OF THE FIREARM OR
AMMUNITION IF THE DEFENDANT FAILS TO MAKE ARRANGEMENTS FOR THE
TRANSFER OF THE FIREARM OR AMMUNITION AND COMPLETE SAID
TRANSFER WITHIN NINETY DAYS OF RECEIVING SUCH NOTIFICATION.".

Reletter succeeding paragraphs accordingly.

Page 27, line 3, strike "COLORADO BUREAU OF INVESTIGATION" and
substitute "BUREAU".

Page 27, line 8, strike "(f)" and substitute "(h)".

Page 27, line 11, strike "(f)" and substitute "(h)".

Page 27, line 14, strike "(g):" and substitute "(i):".

Page 27, after line 19 insert:

"(j) (I) A LAW ENFORCEMENT AGENCY THAT ELECTS IN GOOD
FAITH TO NOT STORE A FIREARM OR AMMUNITION FOR A DEFENDANT
PURSUANT TO SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (III) OF
PARAGRAPH (b) OF THIS SUBSECTION (8) SHALL NOT BE HELD CRIMINALLY
OR CIVILLY LIABLE FOR SUCH ELECTION NOT TO ACT.
(II) A LAW ENFORCEMENT AGENCY THAT RETURNS POSSESSION OF
A FIREARM OR AMMUNITION TO A DEFENDANT IN GOOD FAITH AS
PERMITTED BY PARAGRAPH (f) OF THIS SUBSECTION (8) SHALL NOT BE
HELD CRIMINALLY OR CIVILLY LIABLE FOR SUCH ACTION.".


Amendment No. 5(L.012), by Senator Hudak.

Amend the Hudak floor amendment (SB197_L.010), page 1, line 19,
strike "c)," and substitute "(c),".

Page 6 of the floor amendment, strike line 23.

Page 14 of the floor amendment, strike line 34 and substitute:

"Page 23 of the printed bill, line 14, strike "RESPONDENT" and substitute
"DEFENDANT".".

Page 15 of the floor amendment, strike line 2 and substitute:

"Page 23 of the bill, line 17, strike "RESPONDENT," and substitute
"DEFENDANT,".".

Page 15 of the floor amendment, after line 17 insert:

"Page 24 of the bill, line 10, strike "PERSON" and substitute
"DEFENDANT".".

Page 15 of the floor amendment, strike line 19.


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


House Journal, April 1
28 SB13-197 be amended as follows, and as so amended, be referred to
29 the Committee on Appropriations with favorable
30 recommendation:
31
32 Amend reengrossed bill, page 4, strike lines 17 through 27.
33
34 Strike pages 5 through 22.
35
36 Page 23, strike lines 1 through 21.
37
38 Renumber succeeding sections accordingly.
39
40 Page 27, strike lines 12 through 24 and substitute "THE DEALER:
41 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
42 CHECK OF THE RESPONDENT BE PERFORMED; AND
43 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
44 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
45
46 Page 28, strike lines 12 through 22 and substitute "OR AMMUNITION TO
47 THE RESPONDENT UNLESS THE AGENCY:
48 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
49 CHECK OF THE RESPONDENT BE PERFORMED; AND
50 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
51 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
52
53 Page 30, strike lines 11 through 16 and substitute:
54
55 "(II) IN ANY SUBSEQUENT PROSECUTION FOR A VIOLATION OF A
56 PROTECTION ORDER DESCRIBED IN THIS PARAGRAPH (i), THE COURT SHALL
1 TAKE JUDICIAL NOTICE OF THE DEFENDANT'S FAILURE TO FILE A RECEIPT
2 OR WRITTEN STATEMENT, WHICH WILL CONSTITUTE PRIMA FACIE EVIDENCE
3 OF A VIOLATION OF THE PROTECTION ORDER PURSUANT TO SECTION
4 18-6-803.5 (1) (c), C.R.S., AND TESTIMONY OF THE CLERK OF THE COURT
5 OR HIS OR HER DEPUTY IS NOT REQUIRED.".
6
7 Page 33, strike lines 16 through 27 and substitute "THE DEALER:
8
9 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
10 CHECK OF THE DEFENDANT BE PERFORMED; AND
11
12 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
13 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
14
15 Page 34, strike line 1.
16
17 Page 34, strike lines 16 through 27 and substitute "FIREARM OR
18 AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY:
19
20 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
21 CHECK OF THE DEFENDANT BE PERFORMED; AND
22
23 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
24 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
25
26 Page 36, line 16, strike "(g)," and substitute "(i),".
27
28 Page 39, strike lines 25 through 27 and substitute "THE DEALER:
29
30 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
31 CHECK OF THE DEFENDANT BE PERFORMED; AND
32
33 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
34 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
35
36 Page 40, strike lines 1 through 10.
37
38 Page 40, strike lines 25 through 27 and substitute "FIREARM OR
39 AMMUNITION TO THE DEFENDANT UNLESS THE AGENCY:
40
41 (I) CONTACTS THE BUREAU TO REQUEST THAT A BACKGROUND
42 CHECK OF THE DEFENDANT BE PERFORMED; AND
43
44 (II) OBTAINS APPROVAL OF THE TRANSFER FROM THE BUREAU
45 AFTER THE PERFORMANCE OF THE BACKGROUND CHECK.".
46
47 Page 41, strike lines 1 through 9.
48
49 Page 42, line 27, strike "(g)," and substitute "(i),".
50
51 Page 43, line 3, strike "(g)," and substitute "(i),".
52
753 Page 44, strike lines 2 through
54
55 Renumber succeeding section accordingly.
56
1 LOCAL GOVERNMENT
2 After consideration on the merits, the Committee recommends the
3 following:
4


Fiscal Notes:

Fiscal Note


SB13-220 Emergency Medical Providers To Report Child Abuse 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: NICHOLSON
Summary: The bill adds emergency medical service providers to the list of persons who are required to report possible instances of child abuse or neglect, with an exemption made for voluntary emergency medical service providers.
Status: 05/14/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


SB13-227 Protect Rape Victim From Contact With Father 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: CARROLL / LANDGRAF
Summary: If a child was conceived as a result of an act that led to the parent's conviction for sexual assault or a conviction in which the underlying factual basis was sexual assault, the parent who is the victim of the sexual assault (victim) may file a petition in juvenile court to prevent future contact with the parent who committed the sexual assault and to terminate the parent-child legal relationship of that parent. The court shall terminate the parent-child legal relationship if the court finds by clear and convincing evidence that:
* The parent was convicted of an act of sexual assault against the victim or convicted of a crime in which the underlying factual basis was sexual assault against the victim;
* The child was conceived as a result of that sexual assault or crime; and
* Termination of the parent-child legal relationship is in the best interests of the child. The bill creates a rebuttable presumption that terminating the parental rights of the parent who committed the act of sexual assault or crime is in the best interests of the child. After a petition has been filed, the court may appoint a guardian ad litem to represent the child's best interests in the proceeding. The victim shall not be required to appear in the presence of the other parent, and the victim's and the child's whereabouts shall be kept confidential. A person whose parental rights are terminated under the bill has:
* No right to allocation of parental responsibilities for the child, including any right to parenting time or decision-making;
* No right to inheritance from the child; and
* No right to notice of, or standing to object to, the adoption of the child. A person whose parental rights are terminated is not relieved of any obligation to pay child support unless waived by the victim. In such cases, the court shall order the payments to be made through the child support registry or a court escrow to avoid the need for any contact between the parties. The victim shall be entitled, upon request, to a no-contact protection order issued against the person whose parental rights are terminated that prohibits the person from having any contact with either the victim or the child. Termination of the parent-child legal relationship pursuant to the bill is an independent basis for termination of parental rights, and the court need not make any of the considerations or findings described in other statutes for termination of the parent-child legal relationship. The bill also states that nothing in the bill prohibits the termination of parental rights by the court using other grounds under the "Colorado Children's Code" in cases that do not meet the criteria set forth in the bill. Amends the criminal statutes on sexual assault, unlawful sexual contact, sexual assault on a child by one in a position of trust, and sexual assault on a client by a psychotherapist to specify the loss of rights under the bill. A task force on children conceived by rape is created to study and make recommendations for protecting rape victims and for addressing parental rights in cases in which there are allegations that a sexual assault has occurred, a conviction of or prosecution for sexual assault has not occurred, and a child has been conceived as a result of the alleged sexual assault. The bill specifies the membership of the task force, what it should study, and the time frame for the task force to report to certain legislative committees of the general assembly. The statutory authority for the task force repeals January 1, 2014. The portions of the bill that allow the court to terminate parental rights and that make conforming amendments to the criminal law statutes on sexual assault apply to acts or offenses committed on or after July 1, 2013.
Status: 05/28/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


SB13-255 Statutory Changes To Child Fatality Review Teams 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: KEFALAS / MAY
Summary: Sections 1 and 4 of the bill require county or district public health agencies to establish or arrange to be established local or regional child fatality prevention review teams operating under the purview of the department of public health and environment (local or regional review team). County or district public health agencies may collaborate to form a regional child fatality prevention review team. Section 2 revises and updates language in the legislative declaration for the Colorado department of public health and environment (CDPHE) child fatality review teams. Section 3 adds a definition of a "local or regional review team". Section 5 details the responsibility of local or regional review teams. The local or regional review teams are required to report case review findings to public and private agencies that have responsibilities for children and make prevention recommendations. The local and regional review teams shall also enter data into the web-based data-collection system utilized by CDPHE. Section 6 amends the membership of CDPHE's state-level child fatality prevention review team (CDPHE state review team) to include a member from the office of Colorado's child protection ombudsman and to make numerous currently nonvoting positions into voting positions. Section 7 of the bill tasks the CDPHE state review team with the following duties:
* To conduct an individual case-specific review of every child abuse or neglect fatality in Colorado, if a local or regional review team has not conducted such a review;
* To conduct a review of systemic child welfare issues;
* To utilize a child fatalities data-collection system;
* To collaborate with the Colorado department of human services child fatality review team (CDHS review team) to make joint recommendations for the prevention of child abuse and neglect fatalities;
* To work directly with professionals who have information regarding the cause or circumstances leading to a child's fatality;
* To administer moneys to county and district public health agencies to support local and regional review teams;
* To provide training and technical assistance to local and regional review teams regarding the facilitation of a child fatality review process, data collection, evidence-based prevention strategies, and the development of prevention recommendations, as well as strategies for convening a local or regional review team, establishing methods of notification after a child fatality, and strategies to address conflicts of interest; and
* To provide an annual data report to local and regional review teams. Sections 8 and 9 provide conforming amendments. Section 10 deals with the time frame in which the CDHS review team is required to conduct a review. Currently, the CDHS review team is required to conduct an in-depth case review after an incident of egregious abuse or neglect against a child, a near fatality, or a child fatality that involves a suspicion of abuse or neglect (incident) when the child or family has had previous involvement with the state or county within the previous 2 years. The bill changes that time frame to 3 years. The CDHS review team is given the additional duty to make annual policy recommendations that address systems involved with children and to follow up on specific system recommendations. The CDHS review team is required to make annual reports to both the public and the legislature concerning such recommendations. Current law also requires the CDHS review team to complete a draft, confidential, case-specific review report and submit the draft to any county department of social services with previous involvement with the child or family related to the incident within 30 days. That 30-day period is extended to 55 days. Language is added to ensure that any information released to the public by the CDHS review team is not contrary to the best interests of the child who is the subject of the report, or his or her siblings, is in the public's interest, and is consistent with the federal "Child Abuse Prevention and Treatment Reauthorization Act of 2010".
Status: 05/14/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


SB13-278 Child Welfare And Drug-endangered Child Definition 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: KERR / YOUNG
Summary: The bill creates a definition of a "drug-endangered child" in the context of child abuse or neglect.
Status: 05/28/2013 Governor Action - Signed
Amendments:
Fiscal Notes:

Fiscal Note


SJR13-024 Child Abuse Prevention Month 
Comment:
Calendar Notification: NOT ON CALENDAR
Sponsors: NEWELL
Summary: *** No bill summary available ***
Status: 04/04/2013:54 AM 04:20 Signed by the Speaker of the House
Amendments:
Fiscal Notes: