The Legislative Council met November 15, 2017, to review and approve bills recommended by interim study committees during the 2017 interim. In reviewing the bills, the Legislative Council considered whether each bill fit within the recommending committee’s study charge. At the meeting, the Legislative Council approved all of the bills summarized last week in Part 1 of this two-part series.

Following are summaries of the bills recommended by the remaining 2017 interim committees. Except where noted, the Legislative Council approved all of the bills for introduction during the 2018 regular legislative session.

Early Childhood and School Readiness Legislative Commission

The Early Childhood and School Readiness Legislative Commission met four times over the interim. Kristina Mueller with the Office of Early Childhood in the Colorado Department of Human Services staffed the commission. The commission requested five bills, and at its final meeting on November 1, the committee voted to recommend four of those bills to the Legislative Council:

Bill A: Concerning alignment of early childhood quality improvement programs with the Colorado Shines Quality Rating and Improvement System.

The bill amends the application and eligibility requirements for the Colorado School Readiness Quality Improvement Program and the Infant and Toddler Quality and Availability Grant Program to align with the Colorado Shines Quality Rating and Improvement System, streamlining administration of the programs. The bill also removes obsolete language from the statutes, including references to early childhood and education councils that were never established.

Bill B: Concerning substitute child care providers.

The bill creates a license within the Colorado Department of Human Services for a substitute placement agency that places, facilitates, or arranges placement of substitute child care providers in licensed facilities that provide less than 24-hour care. The State Board of Human Services is directed to establish rules for substitute child care providers and substitute placement agencies. At a minimum, those rules must require the substitute child care provider to submit to a fingerprint-based criminal history records check and demonstrate that he or she has the training and certification for the license type and position in which he or she is placed.

Bill C: Concerning the extension of the repeal of the Early Childhood and School Readiness Legislative Commission.

The bill extends the commission’s repeal date by five years to July 1, 2023.

Bill D: Concerning eligibility of kindergarten students funded through early childhood at-risk enhancement positions.

If a school district chooses to use an early childhood at-risk enhancement (ECARE) position to enroll a child in the school district’s full-day kindergarten program, the child enrolled through the ECARE position must meet at least one of the eligibility requirements of the Colorado preschool program.

To review the bills recommended by the Early Childhood and School Readiness Legislative Commission and for questions concerning the legislation, please contact Brita Darling.

Legislative Oversight Committee concerning the Treatment of Persons with Mental Health Disorders in the Criminal Justice System

The Legislative Oversight Committee concerning the Treatment of Person with Mental Health Disorders in the Criminal Justice System met three times over the 2017 interim. In addition to the legislative oversight committee meetings, the task force associated with this committee met five times. At its final meeting on November 1, 2017, the committee recommended four bills to the Legislative Council. The Legislative Council approved all of the bills except Bill C:

Bill A: Concerning competency to proceed for juveniles involved in the juvenile justice system.

This bill establishes a juvenile-specific definition of “competent to proceed” and “incompetent to proceed” for juveniles involved in the juvenile justice system, as well as specific definitions for “developmental disability”, “mental capacity”, and “mental disability” when used in this context. The bill clarifies the procedures for establishing incompetency, as well as for establishing the restoration of competency.

Bill B: Concerning the repeal date for the transfer of money from community corrections to the housing assistance for persons transitioning from the criminal or juvenile justice system cash fund.

In 2017, the general assembly enacted a provision requiring, at the end of the 2016-17 fiscal year, the state treasurer to transfer unexpended and unencumbered money appropriated for community corrections programs to a new fund to assist persons transitioning from the criminal or juvenile justice systems. The act repealed the provision in 2018. The bill eliminates the repeal of the provision so that the transfer occurs at the end of each state fiscal year.

Bill C: Concerning measures to ease the rental application process for prospective tenants, and, in connection therewith, requiring landlords to disclose their tenant eligibility criteria before accepting rental applications or application fees.

The bill requires a landlord to provide each prospective tenant with written notice of the landlord’s tenant selection criteria and the grounds upon which a rental application may be denied before accepting an application or collecting an application fee. The notice must also state the amount of the application fee, which must be uniform for all applicants. The bill further defines a violation of these requirements as a deceptive trade practice.

Bill D: Concerning incentives to provide inmates with needed services.

The bill requires the department of corrections to institute an incentive plan to contract for more mental health professionals in difficult-to-serve geographic areas if the number of inmates who need a treatment or service in the area exceeds the number of available spaces by 20 percent.

To review the bills recommended by the Legislative Oversight Committee concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems, please visit the committee’s website. For questions concerning the legislation, please contact Jane Ritter, Jeremiah Barry, or Duane Gall.

Opioid and Other Substance Use Disorders Interim Study Committee

The Opioid and Other Substance Use Disorders Interim Study Committee met six times over the interim and heard from state agencies, state officials, and stakeholders representing all aspects of the substance use disorder crisis. The committee also created several task forces that met separately to address specific issues in this area. The committee requested the drafting of six bills and voted to advance all six bills to Legislative Council. Legislative Council approved all six bills:

Bill A: Concerning measures to prevent opioid misuse in Colorado.

This bill specifies several measures to address opioid misuse, including:

• Establishing the opioid and other substance use disorders study interim committee as a statutory committee to continue its work until July 1, 2020, when the committee will automatically repeal;
• Specifying that school-based health care centers may apply for grants from the school-based health center grant program to expand behavioral health services to include treatment for opioid and other substance use disorders;
• Directing the department of health care policy and financing, starting July 1, 2018, to award grants to organizations to operate a substance abuse screening, brief intervention, and referral program; and
• Directing the center for research into substance use disorder prevention, treatment, and recovery to develop and implement continuing medical education activities to assist prescribers of pain medication in safely and effectively managing patients with chronic pain.

Bill B: Concerning clinical practice measures for safer opioid prescribing.

With regard to prescribing opioids to patients, the bill:

• Restricts the number of opioid pills that a health care practitioner (specifically, physicians, physician assistants, advanced practice nurses, dentists, optometrists, podiatrists, and veterinarians), may prescribe for an initial prescription to a 7-day supply and one refill for a 7-day supply, with certain exceptions; and
• Clarifies that a health care practitioner may electronically prescribe opioids.

With regard to the prescription drug monitoring program (PDMP), the bill:

• Requires health care practitioners to query the PDMP before prescribing the first refill prescription for an opioid except under specified circumstances;
• Requires practitioners to indicate their specialty or practice area upon the initial query of the PDMP; and
• Requires the department of public health and environment to report to the general assembly its results from studies regarding PDMP integration methods and health care provider report cards.

Bill C: Concerning measures to address the opioid crisis in Colorado, and, in connection therewith, providing immunity for individuals who provide clean syringes through a clean syringe exchange program, creating a supervised injection facility pilot program, allowing school districts to develop policies for the supply and administration of opiate antagonists, and requiring the commission on criminal and juvenile justice to study certain topics related to sentencing for opioid-related offenses.

The bill:

• Specifies that hospitals may be used as clean syringe exchange sites;
• Provides civil immunity for participants of a clean syringe exchange program;
• Creates a supervised injection facility pilot program in the city and county of Denver and provides civil and criminal immunity for the approved supervised injection facility;
• Allows school districts and nonpublic schools to develop a policy by which schools are allowed to obtain a supply of opiate antagonists and school employees are trained to administer opiate antagonists to individuals at risk of experiencing a drug overdose; and
• Requires the commission on criminal and juvenile justice to study certain topics related to sentencing for opioid-related offenses.

Bill D: Concerning modifications to the Colorado health service corps program administered by the department of public health and environment to expand the availability of behavioral health care providers in shortage areas in the state.

This bill modifies the Colorado health service corps program administered by the primary care office in the department of public health and environment as follows:

• For purposes of determining health professional shortage areas in the state, allows the primary care office, under guidance adopted by the state board of health, to use state-specific methods, rather than federal guidelines, to develop and administer state-designated health professional shortage areas;
• Allows behavioral health care providers (specifically, licensed and certified addiction counselors, licensed professional counselors, licensed clinical social workers, licensed marriage and family therapists, clinical psychologists, advanced practice nurses, and physicians certified or trained in addiction medicine, pain management, or psychiatry) and candidates for licensure as behavioral health care providers to participate in the loan repayment program on the condition of committing to provide behavioral health care services in health professional shortage areas for a specified period;
• Establishes a scholarship program to help defray the education and training costs associated with obtaining certification as an addiction counselor or with progressing to a higher level of certification; and
• Adds two substance use disorder-focused members to the advisory council that reviews program applications.

Bill E: Concerning treatment for individuals with substance use disorders, and, in connection therewith, adding residential and inpatient treatment to the Colorado medical assistance program.

The bill adds residential and inpatient substance use disorder services to the Colorado medical assistance program and limits participation in the program to persons who meet nationally recognized, evidence-based level of care criteria for residential and inpatient treatment. The benefit will not take effect unless Colorado receives federal authorization and secures federal matching dollars for the benefit. If the benefit is implemented, managed care organizations shall reprioritize the use of money allocated from the state marijuana tax cash fund to assist in providing treatment, including residential and inpatient treatment, to persons who are not otherwise covered by public or private insurance.

Bill F: Concerning payment issues relating to substance use disorders.

With respect to individual and group health benefit plans, the bill:

• Requires the plans to provide coverage without prior authorization for a five-day supply of buprenorphine for a first request within a 12-month period;
• If a plan covers physical therapy, acupuncture, or chiropractic services, requires the plan to cover those services with the same dollar limits, deductible, copayments, or coinsurance provisions as those applicable to primary care services;
• Prohibits carriers from taking adverse action against a provider or from providing financial incentives or disincentives to a provider solely on the results of a patient feedback survey relating to satisfaction with pain treatment;
• Clarifies that an “urgent prior authorization request” to a carrier includes a request for authorization of medication-assisted treatment for substance use disorders; and
• Prohibits carriers from requiring a covered person to undergo a step-therapy protocol using a prescription drug containing an opioid.

For both the medical assistance program and private health benefit plans, the bill permits a pharmacist who has entered into a collaborative pharmacy practice agreement with one or more physicians to administer injectable medication-assisted treatment for substance use disorders and to receive an enhanced dispensing fee for the administration.

With respect to the medical assistance program, the bill requires the medical services board to authorize reimbursement for a ready-to-use version of intranasal naloxone hydrochloride without prior authorization. The bill also prohibits a requirement that a person undergo a step-therapy protocol using a prescription drug containing an opioid.

The bill requires the Colorado department of health care policy and financing and the Colorado department of human services office of behavioral health to establish rules to standardize utilization management authority timelines for the nonpharmaceutical components of medication-assisted treatment for substance use disorders.

To review the bills recommended by the Opioid and Other Substance Use Disorders Interim Study Committee, please visit the committee’s website. For questions concerning the legislation, please contact Kristen Forrestal, Yelana Love, Christy Chase, or Brita Darling.

Sales and Use Tax Simplification Task Force

The Sales and Use Tax Simplification Task Force held four meetings during the 2017 interim. Briefings and presentations were made by the Colorado Department of Revenue, the Colorado Municipal League, Colorado Counties, Inc., members of the business community, the Special District Association, the Colorado Tax Auditors Coalition, the Office of the State Auditor, the Council on State Taxation, the Tax Foundation, Streamlined Sales Tax Governing Board, Inc., the Statewide Internet Portal Authority, various software providers, and members of the public on a wide range of subjects, including:

• The current Colorado sales and use tax system;
• Other states’ efforts to simplify their sales and use tax system;
• Pending federal legislation impacting sales and use tax simplification;
• Work being done by various software providers; and
• Updates on the Colorado Municipal League’s standardized definitions project

At its final meeting on November 1, 2017, the legislative members of the task force unanimously recommended one bill to the Legislative Council:

Bill A: Concerning a requirement that the department of revenue issue a request for information for an electronic sales and use tax simplification system.

The bill requires the Department of Revenue (DOR) to issue a request for information regarding the potential to contract for an electronic sales and use tax simplification system. The system would be available for use by the state and local governments, at their discretion, and would provide:

• Accurate address location information;
• A single application process for sales tax licenses;
• A uniform sales and use tax remittance form;
• A single point of remittance for sales and use tax; and
• A taxability or exemption matrix.

The information provided must identify initial costs and ongoing annual costs, as well as methods for payment by different public or private entities. The DOR is required to notify the task force when it has issued the request for information. The task force is required to meet within 90 days after receiving this notification to consider information received and determine its next steps.

To review the bill recommended by the Sales and Use Tax Simplification Task Force, please visit the task force’s website. For questions concerning the legislation, please contact Esther van Mourik.

Water Resources Review Committee

The Water Resources Review Committee (WRRC) met eight times over the 2017 interim, including one meeting in Steamboat Springs, and toured the San Miguel river basin in southwestern Colorado. The WRRC heard presentations on a variety of water issues, including various basin-specific issues, proposed water infrastructure projects, Colorado River compact compliance, rising groundwater in the South Platte River basin, Colorado’s Water Plan, and the use of reclaimed water.

At its final hearing on October 31, 2017, the WRRC considered 11 bills, recommending five of them to the Legislative Council.

Bill A: Concerning the ability of operators of sand and gravel mines to use water incidental to sand and gravel mining operations to mitigate the impacts of mining.

Current law requires operators of sand and gravel open mines that expose groundwater to the atmosphere to obtain a well permit and either: A replacement plan approved by the ground water commission for designated groundwater; or a plan for augmentation approved by the water court or a plan of substitute supply approved by the state engineer for tributary groundwater. The bill specifies that the replacement plan or the plan of substitute supply and the permit may authorize uses of water incidental to open mining for sand and gravel, including specifically, among other things, the mitigation of impacts from mining and dewatering.

Bill B: Concerning the financing of the division of parks and wildlife’s aquatic nuisance species program, and, in connection therewith, creating an aquatic nuisance species stamp for the operation of motorboats and sailboats in waters of the state, increasing penalties related to the introduction of aquatic nuisance species into the waters of the state, and combining two separate funds related to the aquatic nuisance species program into one fund.

The main focus of the bill is to create an aquatic nuisance species stamp that motorboat and sailboat owners must purchase each year to help fund the division of parks and wildlife’s efforts to detect, prevent, control, and eradicate aquatic nuisance species. The bill also increases existing penalties and adds new penalties for violations of the laws related to the detection, prevention, control, and eradication of aquatic nuisance species.

Bill C: Concerning the allowable uses of reclaimed domestic wastewater, and, in connection therewith, allowing reclaimed domestic wastewater to be used for marijuana cultivation.

The bill codifies rules promulgated by the water quality control commission (commission) of the department of public health and environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water. The bill also adds marijuana cultivation as an allowable use for reclaimed domestic wastewater and authorizes the division of administration in the department of public health and environment to grant variances for uses of reclaimed domestic wastewater.

Bill D: Concerning the allowable uses of reclaimed domestic wastewater, and, in connection therewith, allowing reclaimed domestic wastewater to be used for industrial hemp cultivation.

This bill makes changes that are largely analogous to those made in Bill C, but with regard to authorizing the use of reclaimed domestic wastewater for industrial hemp cultivation.

Bill E: Concerning an expansion of the duration for which the Colorado water resources and power development authority may make a loan under the authority’s revolving loan programs.

Pursuant to the federal clean water act and the federal “Safe Water Drinking Act”, the Colorado water resources and power development authority (authority) makes loans under its water pollution control revolving fund and its drinking water revolving fund. Under state law, the duration of a water pollution control loan made by the authority must not exceed 20 years after project completion; however, the federal clean water act now allows for loans up to the lesser of 30 years or the projected useful life of the project, as determined by the state. The bill removes the 20-year limitation on water pollution control loans and authorizes the authority to make loans in compliance with the clean water act and the “Safe Water Drinking Act”.

To review the bills recommended by the Water Resources Review Committee, please visit the committee’s website. For questions concerning the legislation, please contact Jennifer Berman or Thomas Morris.

As required in Joint Rule 24 (b)(1)(D), the Legislative Council is meeting November 15, 2017, to review and approve bills recommended by interim study committees during the 2017 interim. Approved interim committee bills do not count against the five-bill limit for the prime sponsors of the bills.

All of the interim and statutory committees that met during the 2017 interim are listed here—there were several. One of the committees—the Legislative Interim Committee on School Finance—has been meeting, but has not recommended any bills at this point. This committee is exempt from the requirement of submitting its recommended bills to the Legislative Council, so it may yet prepare and introduce bills for the 2018 legislative session.

This week’s article summarizes the bills recommended by the following committees:

• County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee
• Police Officers’ and Firefighters’ Pension Reform Commission
• Sentencing in the Criminal Justice System Interim Study Committee
• Transportation Legislation Review Committee
• Wildfire Matters Review Committee
• Young and Beginning Farmers Interim Study Committee

Next week, LegiSource will summarize the remaining committees’ recommended bills and report on the actions taken by Legislative Council.

County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee

The County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee met five times over the 2017 interim. At the October 23, 2017, meeting, the committee considered and voted on each of the eleven bill drafts and one resolution draft that it had requested at the previous meeting. A majority of the committee members recommended only the following three bills and one resolution for consideration by the Legislative Council:

Bill A: Concerning the provision of financial assistance to counties for county facilities.

Current law tasks the underfunded courthouse facility cash fund commission with evaluating grant applications and issuing grants to counties for underfunded courthouse facilities through master planning services, matching funds, or leverage-grant funding opportunities, or for addressing emergency needs due to the imminent closure of a court facility.

The bill changes the name of the commission and the fund and expands the commission’s responsibilities to include jails in addition to court facilities. Additionally, the bill allows the commission to issue grants for up to 50% of a county’s annual voter-approved debt service on any county-approved financing of the construction or remodeling costs of a court or jail facility. The bill also creates a low-interest loan program, which the commission will administer, whereby counties may apply for low-interest loans to finance the capital construction or remodeling costs of a court or jail facility.

Bill B: Concerning the amount that the department of corrections is required to reimburse a county or city and county for the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility.

Under current law, the General Assembly establishes in the annual general appropriations bill the amount that the department of corrections must reimburse a county or city and county for a portion of the costs incurred in confining and maintaining in a local jail a person who is sentenced to a term of imprisonment in a correctional facility. The bill establishes this amount in statute as $108.78 per day.

Bill C: Concerning a program to facilitate conducting judicial proceedings via networking technology.

The bill directs the division of criminal justice within the department of public safety, in consultation with the office of the state court administrator, to operate a program that implements telephonic or internet-based networking software to enable county courts and district courts to conduct judicial procedures with remote participants. The bill sets forth a timeline by which the division must first solicit requests for proposals from prospective software vendors and then select and contract with one or more software vendors for the purposes of the program.

Resolution A: Concerning the Medicaid eligibility of individuals being held in a correctional facility but who have not been convicted of a crime.

The resolution acknowledges House Resolution 165, introduced in the United States House of Representatives on January 3, 2017, which would remove limitations on Medicaid benefits and other federal benefits for individuals in custody pending disposition charges. In the resolution, the members of the General Assembly strongly urge the United States Congress to amend the law concerning Medicaid eligibility of incarcerated individuals so that persons who are detained in state and local facilities but have not been convicted of a crime retain their Medicaid eligibility until conviction.

To review the bills and resolution recommended by the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee, please visit the committee’s website. For questions concerning the legislation, please contact Richard Sweetman.

Police Officers’ and Firefighters’ Pension Reform Commission

The Police Officers’ and Firefighters’ Pension Reform Commission met once during the 2017 interim for an annual briefing from the Fire and Police Pension Association (FPPA) and to consider two bills recommended by the FPPA Board of Directors (Board) for introduction during the 2018 legislative session. Based on the Board’s recommendations, the commission recommended the following two bills:

Bill A: Concerning the statewide standard health history form that members of the fire and police pension association complete when commencing employment.

Every member of the FPPA, at the commencement of employment, must complete a health history on a statewide standard health history form (form). The bill clarifies several aspects of the form. Specifically, the bill specifies that all newly hired members are required to fill out the form; clarifies that the employer must require newly hired members to complete and file the form; authorizes the Board to adopt an electronic format for completing and filing the form; and specifies that a member who omits or conceals, rather than fraudulently conceals, a material fact concerning his or her health history on the form may be disqualified from receiving disability or survivor benefits.

Bill B: Concerning employer entry into the fire and police pension association defined benefit system.

Current law allows an employer that is affiliated with the FPPA and that provides a money purchase plan for its employees to apply to the Board to cover some or all existing members of the money purchase plan under either the statewide hybrid plan or the statewide defined benefit plan, both of which are part of the defined benefit system (system). Current law requires the employer to apply to the Board separately for each plan. In addition, the employer may apply to cover only existing employees under the statewide hybrid plan or the statewide defined benefit plan.

The bill allows an employer that provides a money purchase plan to apply to the Board, with a single application, to cover some or all of the existing members of its money purchase plan in the system. In addition, the bill allows an employer that provides a money purchase plan to apply to the Board to cover all new employees hired on or after a date certain and who are members of the FPPA to participate as a group in either the statewide hybrid plan or the statewide defined benefit plan through the system. The bill eliminates certain statutory requirements in connection with an employer’s participation in the system and repeals the separate application process for entry into the statewide defined benefit plan.

To review the bills recommended by Police Officers’ and Firefighters’ Pension Reform Commission, please visit the committee’s website. For questions concerning the legislation, please contact Nicole Myers.

Sentencing in the Criminal Justice System Interim Study Committee

The sentencing in the Criminal Justice System Interim Study Committee met seven times over the interim and at those meetings heard from over 60 witnesses on a wide range of topics related criminal sentencing. At its bill request meeting, the committee voted to authorize the drafting of a whopping 19 bills. During the bill-drafting period, three of the requests were withdrawn. When the committee met to vote on the bill drafts, it considered 12 of the remaining 16 bills, withdrawing four more bills. Of those 12 bills, the committee voted to recommend five bills to the Legislative Council:

Bill A: Concerning granting judicial discretion to sentence a defendant to an indeterminate or determinate sentence for a sexual offense, and, in connection therewith, requiring the criteria and basis for the sentencing decision to be articulated on the public record.

Currently, a court must sentence certain sex offenders to an indeterminate sentence, up to the remainder of the sex offender’s life. The bill allows the court to choose either the indeterminate sentence or a determinate sentence in those cases. The bill addresses the factors related to punishment and treatment that a court must consider when deciding between an indeterminate and a determinate sentence. The court must specify its reasons on the record for the type of sentence it imposes.

Bill B: Concerning clarification of sentences for habitual criminal.

The bill repeals the provision that requires a court to sentence a person who has been convicted of two prior felonies within 10 years of the commission of another felony to the department of corrections for a term of three times the maximum of the presumptive range for the level of felony last committed.

Under current law, a court must sentence a person convicted of a felony who has been convicted of three prior felonies to four times the maximum of the presumptive range of the last felony. The bill changes the provision so that it applies only to a person who is convicted of one of a list of felonies and has three prior convictions relating to the listed felonies. It requires the court to sentence the person to between two and three times the maximum of the presumptive range for the felony for which he or she is being sentenced, unless the court finds that the case is exceptional and involves extenuating circumstances. If the court finds extenuating circumstances, it may sentence the person to a lesser term, to community corrections, or to probation, but the court must notify the state court administrator of the extenuating circumstances justifying such a sentence. A person sentenced as a habitual offender is eligible for parole after he or she has served 75% of the sentence imposed, less any earned time granted.

Bill C: Concerning the extension of the repeal of the Colorado commission on criminal and juvenile justice.

Current law repeals the Colorado commission on criminal and juvenile justice, effective July 1, 2018. The bill extends the repeal date to July 1, 2028.

Bill D: Concerning lowering the period of mandatory parole from five years to three years for certain felony offenses.

Under current law, the length of a mandatory parole sentence for a class 2 or 3 felony is five years. The bill reduces the length of mandatory parole for a class 2 or 3 felony to three years.

Bill E: Concerning requiring the Colorado commission on criminal and juvenile justice to contract for a study of effective criminal sentencing practices.

The bill directs the Colorado commission on criminal and juvenile justice (commission) to contract for a study of the most effective criminal sentencing practices available. The commission must establish an advisory committee to review the study and make recommendations regarding changes to the Colorado sentencing scheme based on the study.

To review the bills recommended by the Criminal Justice System Interim Study Committee, please visit the committee’s website. For questions concerning the legislation, please contact Mike Dohr or Jeremiah Barry.

Transportation Legislation Review Committee

The Transportation Legislation Review Committee (TLRC) was busy this year fulfilling its duty to review transportation projects and operations and making legislative recommendations to the general assembly. This interim, fulfilling its duties entailed meeting with local government officials and experts in the fields of traffic and transportation and visiting completed and ongoing transportation projects in Pueblo, Colorado Springs, Gunnison, Montrose, Glenwood Springs, Craig, Sterling, Fort Morgan, and many other places over the course of the interim.

The TLRC approved four bills for drafting, and, at its meeting November 2, voted to recommend two of those bills to the Legislative Council:

Bill A: Concerning a requirement that education to prevent human trafficking be included in the training to obtain a commercial driver’s license.

This bill requires that the training to obtain a commercial driver’s license include education to prevent human trafficking. In designing the training, the Department of Revenue will collaborate with organizations that specialize in recognizing and preventing human trafficking and other state agencies. The department must publish information about human trafficking for commercial driver’s license holders and trainees.

Bill B: Concerning the creation of a program to authorize private providers to register commercial vehicles as Class A personal property.

This bill directs the Department of Revenue to create a program through which private venders may register interstate commercial vehicles with the state. The program would include collecting any taxes or fees associated with the registration. To qualify, a private provider must be approved by the department, use appropriate software approved by the department, and submit evidence of financial responsibility. The department may deny, suspend, or revoke the authority to be a provider if the provider violates the law, makes a material misstatement in an application, or fails to perform.

To review the bills recommended by the TLRC, please visit the committee’s website. For questions concerning the legislation, please contact Jery Payne.

Wildfire Matters Review Committee

The Wildfire Matters Review Committee held three hearings during the 2017 interim. At its hearings, the Committee received witness testimony and information on such issues as current state and county efforts to mitigate wildfires, available state monetary resources to coordinate fires, prescribed fire and mechanical forest treatment issues, air quality, insurance, current fire suppression efforts in Summit County and in the state of California, an examination of Utah’s wildfire program and related budget process, biochar technologies, fire prediction technology, and the Colorado Recovery and Resiliency Collaborative.

At its last meeting on October 27, 2017, the committee recommended two bills and one joint memorial to the Legislative Council:

Bill A: Concerning the wildfire matters review committee, and, in connection therewith, deferring the date on which the committee is scheduled to repeal.

This bill extends the date on which the committee is scheduled to expire from July 1, 2018, to September 1, 2025. This bill also deletes some obsolete statutory provisions under which the committee was directed to consider codifying a Colorado wildland and prescribed fire advisory commission, an entity previously created by executive order.

Bill B: Concerning statutory provisions enacted to promote the extinguishment of unattended fires.

This bill changes the penalty assessed by the counties for leaving a campfire unattended from a class 2 petty offense to a class 3 misdemeanor and makes the same change with respect to an unattended campfire on property under the control of the state divisions of parks and wildlife. This bill also repeals some obsolete notice provisions concerning unattended campfires.

Memorial A: Concerning the need for Congress to fund catastrophic wildfire response costs outside of federal forest management agencies’ normal budgets.

This joint memorial urges congressional funding of catastrophic wildfire response costs outside of federal forest management agencies’ normal budgets.

To review the bills and memorial recommended by the Wildfire Matters Review Committee, please visit the committee’s website. For questions concerning the legislation, please contact Bob Lackner.

Young and Beginning Farmers Interim Study Committee

The Young and Beginning Farmers Interim Study Committee met twice during the 2017 interim, hearing extensive testimony on the problems facing young and beginning farmers and ranchers, especially the difficulties young farmers and ranchers face when trying to gain meaningful work experience. The committee requested the drafting of six bills for consideration and recommended one of those bills to the Legislative Council:

Bill A: Concerning the creation of the agricultural workforce development program.

The bill requires the Commissioner of Agriculture to create, by rule, the Agricultural Workforce Development Program. The legislation is modeled after an existing Colorado Department of Labor program for innovative industries. The Agricultural Workforce Development Program will provide incentives to agricultural businesses that hire interns. A qualified agricultural business may be reimbursed up to 50% of the actual cost of hiring a qualified intern. The rules creating the program must specify criteria to qualify agricultural businesses and interns. Internships must include at least 130 hours of work experience and cannot exceed six months in duration. The program is subject to appropriation and is scheduled to repeal on July 1, 2024.

To review the bill recommended by the Young and Beginning Farmers Interim Study Committee, please visit the committee’s website.  For questions concerning the legislation, please contact Kip Kolkmeier.

 

Edit 11-13-2017: The summary for Bill A of the County Courthouse and County Jail Funding and Overcrowding Solutions Interim Study Committee was incorrect and has been updated.