By Mendez Consulting for Colorado Association of Family & Children's Agencies

HB1010 EXPAND PUBLIC-PRIVATE INITIATIVES

Rep. Ferrandino & Sen. Morse

Position: Monitor

Status: Signed by Governor

Fiscal Impact: Yes            Impact Amount: Conditional

Statutory Ref. New part 2 in Article 38 ot Title 24

 HB1022 SUPPL NUTRITION ASSISTANCE PROG ADMIN

Reps. Summers and Gagliardi & Sen. Boyd

Position: Passive Support

Status: Passed Senate unamended

Fiscal Impact: Yes                     Impact Amount: Conditional $1,162,763 (FY10-11) $1,654,057 (FY 11-12)

Statutory Ref: Amends 26-2-3091, New Section 26-2-305.5

HB1032 BEHAVIORAL HEALTH CRISIS RESPONSE SERVICES

Rep. Frangas & Sen. Boyd

 Health Care Task Force. This bill requires the department of human services to enter into a contract with a

nonprofit entity for the provision of initial triage services through a coordinated and integrated crisis response

system for persons experiencing mental health or substance abuse crisis. The system services that are contracted

for may include, but need not be limited to, services for a telephone hotline operating 24 hours per day and 7

days per week, services provided through an integrated information technology system, and services provided

by community-based crisis centers that provide short-term mental health services to persons in crisis. This bill

requires the department to maintain policy-making authority over services provided pursuant to the contract,

monitor contract compliance, and evaluate the performance of the contracting entity. The contracting entity shall

comply with federal regulations and reporting requirements. The contracting entity shall provide the department

with information concerning persons receiving services in accordance with federal and state confidentiality laws

and the data and information necessary for the department to monitor and evaluate the contracting entity. The

department shall not be required to contract for the system if the system is not cost-effective for the state, if the

system services are not appropriate to address the needs of persons in crisis, or if the system services may be

provided in a different manner. The bill requires the department to report annually to the health and human

services committees of the general assembly concerning the services provided through the contract.

Position: Active Monitor

 Status: Concurred with second House Amendments

Fiscal Impact: Yes                 Impact Amount: $70,000

Statutory Ref: Adds 27-1-210

HB1034 SCHOOL SPEECH LANGUAGE PATHOLOGY ASSISTANTS

Rep. Massey & Sen. King

Position: Monitor

Status: Signed by Governor

Fiscal Impact: None

Statutory Ref. Amends 22-60.5-111 (4) (a) and (10) (a) (III)\

HB1036 PUBLIC SCHOOL TRANSPARENCY FINANCIAL INFO ON-LINE

Reps. Scanlon and Massey & Sen. Romer

Position: Monitor

Status: Signed by Governor

Fiscal Impact: Yes                     Impact Amount: Local

Statutory Ref. Adds Part 3 to 22-11, Amends 22-32-103.4 (3)

HB1041 UNIVERSAL APPLICATION CHILDRENS MEDICAID

Rep. Acree & Sen. Mitchell

Position: Passive Support

Status: Signed by Governor

Fiscal Impact: Yes               Impact Amount: Conditional

Statutory Ref. Adds 25.5-4-205 (1) (a.7):

HB1059 DRIVER ED MINORS AFFIDAVIT OF LIABILITY

Rep. Gagliardi & Sen. Newell

The bill clarifies that a minor who is 15 years of age or older and in the foster care system (minor) is not

required to complete and present an affidavit of liability (affidavit) in order to register for a department of

revenue-approved driver education class prior to applying for a minor's instruction permit (permit). The minor

shall continue to be required to present an affidavit before beginning to drive with a permit.

Position Active Support

Status: Signed by Governor

Fiscal Impact: None

Statutory Ref. Amends 42-2-106 (1) (b) (1)

HB1065 NO COUNTING JUV ESCAPE TOWARD COMPLETION

Rep. McCann & Sen. Tochtrop

 The bill prohibits counting any time that a juvenile may spend on escape status toward completion of the

juvenile's commitment.

Position Active Monitor

Status: Signed by Governor

Fiscal Impact: None

Statutory Ref. Amends 19-2-921

HB1106 CHILD WELFARE ADOPTION MULTIETHNIC ACT

Rep. Casso & Sen. Sandoval

To bring Colorado law into compliance with certain provisions of the federal "Social Security Act of 1965", as

amended, the bill requires group home parents and any person working in a 24-hour child care facility to submit

to a federal bureau of investigation fingerprint-based criminal history records check through the Colorado

bureau of investigation. The bill also amends certain statutory provisions to bring them into compliance with the

federal "Multiethnic Placement Act of 1994", as amended. Specifically, the bill:

*Requires a child's best interests to be the primary consideration for a court, county department of social

services, or licensed child placement agency in making determinations concerning the placement of the child for

the purpose of adoption;

*Requires a court, county department of social services, or licensed child placement agency making a foster care

or pre-adoptive placement of a child to give preference to placement with the child's relative if the child's

relative can safely meet the child's needs;

*Requires an agency that has responsibility for placing children out of the home to recruit and retain prospective

foster and adoptive families from communities that reflect the child's racial, ethnic, cultural, and linguistic

background;

*Prohibits a court, county department of social services, or licensed child placement agency, in making

determinations concerning the placement of a child for the purpose of adoption, from considering the racial or

ethnic background, color, or national origin of either the child or a family who has submitted an application to

adopt except in extraordinary circumstances;

*Prohibits a court, county department of social services, or licensed child placement agency from delaying a

foster or adoptive placement of a child as a result of the racial or ethnic background, color, or national origin of

the child or a family who has submitted an application to adopt; and

*Allows a birth parent to designate a specific applicant with whom he or she wishes to place his or her child for

purposes of adoption in private adoption cases.

Position Active Amend

Status: Concurred with second House Amendments

Fiscal Impact: Yes             

Statutory Ref. Amends 26-6-107 (1) (a) (I) (C) Amends 19-5-206 (2) and (3) Amends 19-5-104 (II) (d)

HB1115 COUNTY ASSESSMENT OF COST CORE SERVICES

Rep. Gagliardi & Sen. Scheffel

 Under current law, a family that receives child welfare services, including core services identified by rule of the

department of human services (department), is required to pay a fee for those services. The department

establishes the fee amount by rule. The bill allows a county department of social services, in the best interest of a

child, to exempt a family from responsibility for payment of the fee established for core services that are

provided to that family.

Position Active Monitor

Status: Signed by Governor

Fiscal Impact: None

Statutory Ref. Amends 26-5-102

HB1131 COLORADO KIDS OUTDOORS GRANT PROGRAM

Rep. Scanlan & Sen. Gibbs

Position: Monitor

Status: Delivered to Governor

Fiscal Impact: Yes        Impact Amount: $101,725

Statutory Ref. Adds 24-33-109.5; 2-3-1203 (3); 2-3-1203; 22-2-138

HB1135 DEFINE DOMESTIC VIOLENCE CHILD CUSTODY

Rep. Ryden & Sens. Hudak and Newell

Position: Passive Support

Status: Signed by Governor

Fiscal Impact: None

Statutory Ref. Amends 14-10-124; 14-10-129

HB1137 PEOPLE FIRST LANGUAGE IN LAWS

Rep. Gardner B & Sen. Steadman

FINAL: The bill requires the use of people first language when drafting new or amended state statutes and administrative rules. People first language is language that refers to persons with disabilities as persons first. For example, pelpe first language uses term "persons with developmental disabilities" rather than "the developmentally disabled"

Position: Monitor

Status: Delivered to Governor

Fiscal Impact: None

Statutory Ref. Amends 2-2-802; 24-4-103

HB1171 REPEAL OF SCHOOL REPORTING REQUIREMENTS

Rep. Benefield & Sen. Steadman

Position: Monitor

Status: Delivered to Governor

Fiscal Impact: None

Statutory Ref. Amends 22-2-114.1; 22-7-505; 22-44-111 (3); 22-2-304; Repeals 22-32-110 (1) (bb) 22-37-100

HB1183 ALTERNATIVE SCHOOL FINANCE MODELS

Rep. Middleton & Sen. Johnson 

The bill creates the alternative school funding models pilot program (pilot program) to encourage school

districts and charter schools to collect data that will be used to compare the effects of alternative school funding

models with those of the actual school funding method. A school district or charter school that chooses to

participate in the pilot program will continue to receive its actual funding as provided in the "Public School

Finance Act of 1994" while participating in the pilot program. A school district or charter school that

participates in the pilot program may accept gifts, grants, and donations to offset the costs incurred. An advisory

council, consisting of selected members of the general assembly, selected members of the state board of

education (state board), selected members representing school districts and school executives, and the

commissioner of education, will review applications submitted by school districts and charter schools to

participate in the pilot program and will select the participants. A participating school district or charter school

must participate in the pilot program for a minimum of 2 school years and will annually submit to the advisory

council the data it collects, including identification of the funding differences the school district or charter

school would experience if it were funded under an alternative school funding model. The advisory council will

submit to the state board, the governor, and the general assembly an annual summary report of the data received

from the pilot program participants. The advisory council may accept and expend gifts, grants, donations, and

services in kind to offset the costs incurred in implementing the pilot program. The pilot program will repeal on

July 1, 2015.

Position Active Monitor

Status: Signed by Governor

Fiscal Impact: Yes       Impact Amount: Subject to Gifts, Grants & Donations 

HB1213 INDIVIDUALIZED PLANS DEVELOPMENTAL DISABLED WAIT LIST

Rep. Acree & Sen. Keller 

The bill eliminates the statutory requirement that an individualized plan be created within 30 days after a person

with developmental disabilities is determined to be eligible for services and supports and eliminates the annual

review of an individualized plan for a person with developmental disabilities who is on the waiting list for

services or supports. A community centered board is required to develop an individualized plan for a person

with developmental disabilities when the person is enrolled into a program. The department of human services is

required to promulgate rules concerning the procedures and criteria for developing an individualized plan and

the type of contact a community centered board must maintain with individuals who are on the waiting list for

developmental disabilities services and supports.

Position Monitor

Status: Signed by Governor

Fiscal Impact: Yes    Impact Amount: Neutral

Statutory Ref. Amends 27-10.5-102; 27-10.5-105; 27-10.5-106; 27-10.5-110; 27-10.5-113

HB1226 DIFFERENTIAL RESPONSES TO CHILD ABUSE

Rep. Kefalas & Sen. Spence

 The bill creates the differential response pilot program (pilot program) for certain county departments of social

services (participating county departments) to use in addressing interfamilial abuse or neglect cases that are

deemed to be of low or moderate risk according to an assessment performed by each participating county

department. The state department of human services (state department) and participating county departments

shall administer the pilot program. The participating county departments, in administering the pilot program,

shall cooperate with local community service organizations in addressing known or suspected incidents of

interfamilial abuse or neglect. The state board of human services may promulgate rules for the administration of

the pilot program. The participating county departments shall each prepare and submit to the state department a

report concerning the county department's administration of the pilot program. The state department shall

prepare and submit to the health and human services committees of the house of representatives and senate a

report concerning the administration of the pilot program. The report prepared by the state department, at a

minimum, shall include an evaluation of the pilot program's success or failure, a description of any specific

problems encountered during the administration of the pilot program, and a recommendation as to whether the

general assembly should repeal the pilot program, continue the pilot program for a specific period, or establish

the pilot program statewide on a permanent basis. The pilot program is repealed after 4 years

Position Active Support

Status: Signed by Governor

Fiscal Impact: Yes             Impact Amount: Less than $5,000

Statutory Ref. Amends 16-14-105 (1) (k.5); 18-18-407 (2) (a); 22-32-109.1; 22-32-110

HB1274 OUT OF HOME JUVENILE TRANSITION PUB SCH

Rep. Schafer S. & Sen. Johnston

This bill is a result of the Interim Committee on School Safety. The bill requires the department of human

services to provide written notification to a school district, charter school, or institute charter school 10 days

prior to enrollment of a student who has been placed in out-of-home placement and is identified as potentially

presenting a risk to himself or herself or the community. In a case where the student requires an emergency

placement, the bill requires the department to provide written notification to the school 5 days prior to the

student's enrollment. The school is encouraged to use the notification period to gather medical, mental health,

sociological, and scholastic achievement data about the student from various sources to develop a transition plan

for the student.

The department of human services and the department of education are required to enter into an MOU that

includes at a minimum:

(1) A consistent and uniform approach to sharing medical, mental health, sociological, and scholastic

achievement data about students between a school district, charter school, or institute charter school and the

county department of social services to better facilitate the creation of transition plans for those students and

ensure the safety of the people in the school community;

(2) A plan for utilizing existing state and federal data and any existing information-sharing activities;

(3) An appeals process to follow if there is a disagreement between a school district, charter school, or institute

charter school and the county department of social services regarding the enrollment of a student; and

(4) A plan for determining accountability concerning the use of the notification periods and the number of

emergency placements that occur.

Position Active Monitor

Status: Delivered to Governor

Fiscal Impact: Yes     Impact Amount: Using Existing Appropriations

Satutory Ref. Adds 22-2-138; 22-2-409; 26-1-137; Amends 22-32-138 (2) (a); 22-32-109.1 

HB1277 SEXUAL CONDUCT IN CORRECTIONAL FACILITIES

Rep. DelGrosso & Sen. Steadman

Current law prohibits a correctional employee or volunteer from engaging in sexual activity with an inmate. The

bill extends that prohibition to engaging in sexual activity with a person or with a juvenile in a detention or

commitment facility. The bill makes a 5-year appropriation.

Position Active Monitor

Status: Delivered to Governor

Fiscal Impact: Yes           Impact Amount: ($83,861) FY 10-11 ($28,015) FY 11-12

Statutory Ref. Amends 18-7-701; 16-22-112; 17-18-105; 24-75-302 

HB1318 MINIMUM STATE AID FOR SCHOOL DISTRICTS

Rep. Pommer & Sen. Tapia

Joint Budget Committee Budget Package Bill. The bill suspends the minimum state aid requirement for the

10/11 through 14/15 budget years. In connection with the suspension, the bill requires the department of

education to submit a report to the joint budget committee and the education committees regarding the estimated

fiscal impact of and the potential number of districts that will be impacted by the reinstatement of the minimum

state aid requirement in the 15/16 budget year. If a supplemental appropriation is not made by the general

assembly to fully fund the state’s share of total program of all districts, including funding for institute charter

schools, or if a supplemental appropriation is made to reduce the state’s share of the total program of all

districts, including funding for institute charter schools, the bill requires the state aid of each district to be

reduced by the amount of the required reduction or the amount of state aid, whichever is less, even if, for the

09/10 budget year of any budget year thereafter, the reduction would result in a district receiving less state aid

than the amount of minimum state aid for the applicable budget year.

The bill allows the state aid of each district to be reduced by the amount of the required reduction or the amount

of state aid, whichever is less, even if, for the 09/10 budget year thereafter, the reduction would result in a

district receiving less state aid than the amount of minimum state aid for the applicable budget year.

Position Active Monitor

Status: Signed by Governor

Fiscal Impact: Yes    Impact Amount: ($212,996) FY 10-11 ($124,907) FY 11-12 

Statutory Ref. Amends 22-54-106; 22-54-114

HB1334 PUBLIC INDECENCY AND INDECENT EXPOSURE

Rep. King S. & Sen. Steadman 

Under current law, a public act of masturbation is a crime under the public indecency statute and is a class 1

petty offense. This bill moves the offense to the crime of indecent exposure, a class 1 misdemeanor.

The bill expands the definition of the crime of public indecency, which is a class 1 petty offense, to include

knowingly exposing one's genitals in a way that is likely to cause affront or alarm to another person. If a person

has been previously convicted of that same act of public indecency, the bill raises the penalty from a class 1

petty offense to a class 1 misdemeanor.

The bill also expands the definition of the crime of indecent exposure to include exposing one's genitals in

public with the intent to arouse or satisfy the sexual desire of any person.

The bill adds a subsequent conviction of one provision of the crime of public indecency to the definition of

"unlawful sexual behavior" for purposes of the sex offender registration statutes.

Position Active Monitor

Status: Concurred with second House Amendments

Fiscal Impact: None

Statutory Ref. Amends 18-7-301; 18-7-302; Adds 16-22-102; 16-11.7-102

HB1336 CDPS EXPENDITURES SCHOOL SAFETY

Rep. Schafer S. & Sen. Newell

The bill authorizes the division of criminal justice in the department of public safety (department) to expend any

state, federal, or other moneys made available under any law or program designed to improve the administration

of criminal justice, court systems, law enforcement, prosecution, corrections, probation and parole, juvenile

delinquency programs, and related fields. The bill creates the school safety resource center cash fund (fund) and

authorizes the department to solicit and accept gifts, grants, and donations for the purpose of implementing the

school safety resource center (resource center). The department is authorized to expend moneys from the fund

for the purpose of implementing the resource center. The department may expend up to 2% of the moneys

annually appropriated from the fund to offset the costs incurred in implementing the resource center. The

resource center is authorized to charge a fee to each attendee of a training program or conference that the center

implements. The total amount of fees charged by the center to attendees of a training program or conference

shall not exceed the actual costs incurred by the center in implementing the training program or conference.

Position Active Monitor

Status: Passed Senate unamended

Fiscal Impact: YES   Impact Amount: CF $44,000

Statutory Ref. Amends 24-33.5-503; Adds 24-33.5-1807

HB1359 CHANGE OF VENUE DEPENDENCY AND NEGLECT

Rep. McCann & Sen. Steadman

The bill clarifies the process for transferring jurisdiction over dependency and neglect cases to a different court. In a case where the proceedings were commenced in a county other than the county in which the child resides, the court may transfer the case to the county in which the child resides if the transfer would not be detrimental to the best interests of the child and the child has been adjudicated dependent and neglected or the case has been continued according to certain provisions in law. An order granting a change of venue and transferring jurisdiction shall be effective 15 days after the court signs the order and must include certain provisions. The court to which jurisdiction is transferred must hold an initial hearing in the case within 30 days after the effective date of the order. Motions for change of venue must be in writing and mailed to all parties and attorneys of record and to the county attorney of the receiving jurisdiction. Within 15 days after a court signs an order granting a change of venue and transferring jurisdiction of the case, the transferring county department of social or human services (county department) shall provide certain written case information, update all documentation in the case file, including information in the state automated system, provide information concerning the physical location of persons relating to the case, and facilitate the transfer of the case. Within 15 days after a court signs an order granting a change of venue and transferring jurisdiction of the case, the transferring county attorney's office shall forward a complete copy of the case file, excluding confidential attorney-client communications, to the county attorney's office in the receiving county. The state department of human services shall promulgate rules relating to the effective transfer of case responsibilities between county departments in change of venue cases.

Position Active Support

Status: Signed by Governor

Fiscal Impact: None

Statutory Ref. Amends 19-3-201; Adds 19-3-201.5

HB 1364 SUNSET SEX OFFENDER MANAGEMENT BOARD

Rep. Ryden & Sen. Hudak

Sunset Process - House Judiciary Committee.

The bill extends the repeal date for the sex offender management board (board) by 5 years to July 1, 2015, and revises the board's duties. Section 1: The bill amends the language of the legislative declaration for the board, as well as language in other

sections in the statutory article that governs the board (article) to refer to juvenile offenders as "juveniles who have committed sexual offenses" rather than labeling juveniles as sex offenders. Sections 2 and 3: The bill adds the definitions "adult sex offender" and "juvenile who has committed a sexual offense" and adds 3 offenses to the definition of "sex offense" for purposes of the article. Section 4: The bill repeals and reenacts, with amendments, the section in the article relating to the board's creation and duties. Because the section is repealed and reenacted, both the original statutory language and any new statutory language are shown in small capital font. The bill reorganizes the provisions relating to the appointment of board members. The board members appointed

by a specific appointing authority are listed under the appointing authority, and all board members will serve 4-year terms. Under current law, the executive director of the department of public safety appoints the board's presiding officer. The bill requires that the members of the board elect a chair and vice chair of the board from among the members of the board and establishes 2-year terms for the presiding officers. With respect to the board's duties, the bill:* Removes the "no known cure" language from the requirement that the board prescribe a standardized procedure for the evaluation and identification of adult sex offenders; *Removes the requirement that the board develop and implement standards for a system of programs for the treatment of adult sex offenders. This change is mirrored in provisions relating to juveniles. *Adds family counseling and shared living arrangements to the continuum of treatment programs that may be used for adult sex offenders. This change is mirrored in provisions relating to juveniles. *Clarifies that, to the extent possible, treatment programs may be accessed by all offenders, including those with mental illness and co-occurring disorders. This change is mirrored in provisions relating to juveniles. *Requires the standards adopted by the board to include a requirement that persons who provide sex offender evaluation, treatment, or polygraph services provide the board with the data and information the board deems necessary to carry out its duties; *Clarifies that the board's existing duty to research and analyze the effectiveness of evaluation, identification, and treatment procedures includes a review of the no-cure policy and the containment model for sex offender treatment and management, and requires the board to prepare and present a report to the judiciary committees of the general assembly, on or before December 1, 2011, concerning the board's research and analysis; *Relocates a provision in existing law that requires the board, in collaboration with the department of corrections, the judicial department, and the parole board, to establish standards for community entities that provide supervision and treatment for adult sex offenders who have developmental disabilities. Sections 5 and 6: The bill amends the statutory language to refer to juvenile offenders as juveniles who have committed sexual offenses" rather than labeling juveniles as sex offenders. Section 7: The bill repeals and reenacts, with amendments, the statutory section that addresses sex offender treatment. Because the section is repealed and reenacted, both the original statutory language and any new statutory language are shown in small capital font. The bill grants the board specific authority to develop an

application and review process for the approval of persons to be placed on a list of persons who may provide sex offender evaluation, treatment, and polygraph services pursuant to the article (list), as well as a renewal process for those persons.

The bill establishes a formal process to review complaints and grievances against providers who provide services pursuant to the article. The board shall refer all complaints or grievances against providers to the department of regulatory agencies (DORA). The appropriate mental health board in the (DORA board) shall

review all complaints or grievances received by DORA or referred to DORA by the board. The DORA board shall investigate the complaints and grievances and take appropriate disciplinary action against the individual sponsorsand shall provide the board with the results of the investigation and advise the board of any disciplinary action

the DORA board takes. The board may take any disciplinary action permitted by law against the individual or entity, including but not limited to removing the individual from the list. The board may determine the requirements for a provider to be placed on the list after the provider has been removed from the list for disciplinary or other reasons.

Section 8: The bill requires the board to report annually to the judiciary committees of the general assembly regarding information pertaining to the treatment of sex offenders. The board shall also report a summary of the complaints or grievances against providers reviewed and investigated by the DORA board and the resolution of those complaints or grievances. Sections 9 and 11: The bill makes conforming amendments. Section 10: The bill amends a statutory provision concerning community notification relating to sexually violent predators by clarifying when a sex offender convicted in another jurisdiction will be designated as a sexually violent predator pursuant to Colorado law. Section 12: The bill requires the executive director of the department of public safety, after consultation with the board, to promulgate rules regarding sex offender treatment standards, lifetime supervision criteria, and eligibility standards for providers. Sections 13 and 14: The bill requires DORA to conduct a sunset review of the board prior to the new termination date.

Position Active monitor

Status: Vetoed by Governor

Fiscal Impact: YES           Impact Amount: Conditional

Statutory Ref. Amends 16-11.7-101; 16-11.7-102; 16-11.7-103; 16-11.7-104; 16-11.7-105; 16-11.7-106

HB1413 CONCERNING JUVENILES WHO ARE TRIED AS ADULTS

Rep. Levy & May, Senator Newell and Lundberg

For purposes of authoriznig a district attorney to directly file charges in district court against a juvenile (direct file), the bill changes the minimum age of the defendant from 14 to 16 years, except in the case of first degree murder, second degree murder, or a sex offense. At least 14 days prior to filing the carges in district court, the district attorney must file the charges in juvenile court with a notice of decision on direct file. The bill lists the criteria that the district attorney must consider in determining whether to direct file charges against a juvenile. The district attorney must submit a written statement listing the criteria the district attorney relied upon in deciding to direct file. The bill permits a juvenile convicted in district court of a class 2 felony nonsex offense to be sentenced to the youthful offender system.

Position Active Support

Status: Delivered to Governor

Fiscal Impact: Yes      Impact Amount: ($240,755) FY 10-11 ($508,684) FY 11-12 

SB043 EXTEND REPEAL OFFICE OF CHILD REP

Sen. White and Rep. Pommer

The bill extends for 10 yeares the repeal of the "Office of the Child's Representative Act", which is currently scheduled to repeal on July 1, 2010/

The bill was amended to repeal the repealer.

Status Passed Signed by Governor

Position Active Support

SB054 EDUCATION SERVICES FOR JUVENILE CHARGED AS ADULT

Sen. Hudak & Rep. Levy

The bill requires a school district to provide educational services during the school year to a juvenile who is

held, pending trial as an adult, in a jail located within the school district. The school district is also required to

comply with the federal "Individuals with Disabilities Education Act" if the juvenile has a disability. A school

district is not required to provide educational services to a juvenile who has already graduated from high school

or to a student who has received a GED, unless the student has a disability. A school district also does not have

to provide educational services if:

*The juvenile refuses to receive the services, but the official in charge of the jail (official) must offer the services

at least weekly and the school district must provide them upon the juvenile's acceptance; or

*The school district or the official determine that an appropriate and safe environment in which to provide the

educational services is not available. If this occurs, the official must notify the juvenile's parents, his or her

attorney, and the court.

The school district that provides the educational services may include the juvenile in its pupil enrollment if the

school district is providing the services as of October 1 or may seek reimbursement from another school district

or charter school if the juvenile was included in the other district's or charter school's pupil enrollment for the

applicable budget year. If the juvenile was not included in the state's pupil enrollment, the school district may

seek reimbursement from the department of education. The school district may also seek excess costs tuition

from the juvenile's school district of residence if the juvenile is receiving special education services.

The official that receives a juvenile for holding pending trial as an adult must request educational services from

the school district in which the jail is located and cooperate with the school district to provide an appropriate

and safe environment in which to provide the services. The official will annually compile specified information

concerning educational services received by the juveniles in the jail and report the information to the division of

criminal justice in the department of public safety. The division of criminal justice will release the information

upon request by a member of the public.

The bill was amended to address the safety of school district employees and contractors. The bill was also

amended to include language to address the process by which a school district employee or contractor may cease

providing educational services to a violent or harm causing juvenile.

Status 3rd reading in House

Position Active Monitor

SB066 REPORTING OF CHILD ABUSE OR NEGLECT

Sen. Hudak & Rep. Levy

The bill clarifies that the requirement that certain persons report child abuse or neglect does not apply if a person

does not have reasonable cause to know of or suspect the abuse or neglect until the child is 18 years of age or

older.

Status Concurred wtih second House amendments

Position Active oppose

SB091 SCHOOL TRANSPARENCY ON-LINE FINANCIAL DATABASE

Sen. Harvey & Rep. Stephens

The bill enacts the "Public School Financial Transparency Act" (act), which requires each school district, district

charter school, board of cooperative services, and institute charter school and the state charter school institute

(local education provider) no later than September 1, 2011, to develop, maintain, and make publicly available a

single, searchable, on-line, revenue and expenditure database (on-line database) that will allow a user to review

at no cost information concerning moneys collected and expended by the local education provider. The act sets

forth the specific information that each on-line database will include. The local education provider must provide

the data in an open, structured data format that allows the user to download and systematically sort, search, and

access all of the data. Each local education provider will update the data at least monthly, archive the data, make

the data easily accessible from the local education provider's web site, and create a link to a service that allows

users to be notified of updates to the on-line database.

Status Senate State Affairs

Position Active Oppose

SB121 DEVELOPMENTALLY DISABLED OVERSIGNT COMMITTEE AND TASK FORCE

Sen. Bacon & Rep. Primavera

The bill establishes a 6-member legislative oversight committee on developmental disabilities and autism

(committee) and a 25-member task force on developmental disabilities and autism (task force) to examine the

Colorado systems that provide services and supports to and across the life span of persons with developmental

disabilities including autism. The committee will annually report to the general assembly on the issues studied

and may propose legislative changes based on the recommendations from the task force. The chair and vice chair

of the committee will appoint 16 members of the task force. The other 9 members shall be representatives

of specified state agencies appointed by the executive directors of those agencies. All members of the task force

shall be voting members. The task force will examine specific issues related to the services and supports to

persons with developmental disabilities, including autism. The task force is charged with providing guidance

and recommendations to the committee, including studying and making recommendations on strategies to

implement the recommendations of the autism commission that was created in 2008. The task force will obtain

input from groups in the state affected by the issues studied by the task force. The task force may create

subcommittees. The payment of the committee's per diem and the staff support for the committee and the task

force is dependent upon gifts, grants, and donations credited to the legislative department cash fund. The

committee and the task force are repealed, effective July 1, 2016.

Status Senate Health & Human Services

Position Monitor

SB124 MICHAEL SKOLNIK MEDICAL TRANSPARENCY ACT 2010

Sen. Carroll M. & Rep. Ryden

Pursuant to the "Michael Skolnik Medical Transparency Act", enacted in 2007, physicians licensed in Colorado

are required to report information pertaining to their practice history, including the following:

*The physician's name, address, and telephone number;

*Information pertaining to any license to practice medicine held by the physician at any time;

*Any board certifications and specialties;

*Any affiliations with hospitals or health care facilities;

*Any health care-related business ownership interests or employment contracts if the aggregate value of the

contracts exceeds $5,000 annually;

*Any public disciplinary action taken by the state board or the regulatory body of another state or country;

*Any agreement or stipulation to temporarily cease or restrict practice or any board order restricting or

suspending the physician's license;

*Any final action resulting in an involuntary limitation or probationary status on, or reduction, nonrenewal,

denial, revocation, or suspension of the physician's medical staff membership or clinical privileges at a hospital

or health care facility on or after September 1, 1990;

*Any involuntary surrender of the physician's United States drug enforcement administration registration;

*Any final criminal conviction or plea arrangement relating to the commission or alleged commission of a

felony or crime of moral turpitude;

*Any final judgment, settlement, or arbitration award in a medical malpractice claim; and

*The refusal of an insurance carrier to issue a medical malpractice insurance policy to the physician due to past

claims experience.

The bill enacts the "Michael Skolnik Medical Transparency Act of 2010" to extend similar reporting

requirements, as applicable, to the following health care professionals who apply for a new license, certification,

or registration or to renew, reinstate, or reactivate a license, certification, or registration, on or after July 1, 2011:

*Audiologists and licensed hearing aid providers;

*Acupuncturists;

*Podiatrists;

*Chiropractors;

*Dentists and dental hygienists;

*Physician assistants;

*Direct-entry midwives;

*Practical nurses, professional nurses, and advanced practice nurses;

*Optometrists;

*Physical therapists; and

*Psychologists, social workers, marriage and family therapists, professional counselors, addiction counselors,

and unlicensed psychotherapists.

The reporting requirements, as enacted in the original "Michael Skolnik Medical Transparency Act" of 2007, are

modified to require all impacted professionals, including physicians, to:

*Report the location of the applicant's practice if different than the applicant's address of record;

*Report information about the education and training the person received pertaining to his or her profession;

*Provide information about other licenses, certifications, or registrations to practice the applicant's profession

that were issued in the previous 10 years, rather than those issued at any time in the person's career; and

*Comply with their responsibility to report adverse actions to the appropriate regulatory body as otherwise

required by law.

The requirement to report the license number, type, original issue date, last renewal date, and expiration date of

any other license, certification, or registration issued to the person is eliminated. In addition to the information

required to be reported, an impacted professional is also permitted to submit information pertaining to relevant

awards and recognitions received by the person.

Status House Appropriations

Position Active Monitor

SB125 CBI SURCHARGE BACKGROUND CHECKS

Sen. Tapia

The bill authorizes the Colorado bureau of investigation to collect an additional surcharge on each fee that it

collects for the performance of a criminal history record check that it performs pursuant to statute.

Status Killed

Position Active Oppose

SB128 INVASION OF PRIVACY

Sen. Hudak & Rep. Rice

The bill moves from the crime of invasion of privacy for sexual gratification from the unlawful sexual contact

statute into its own statute. The bill increases the penalty for the crime of invasion of privacy for sexual

gratification to a class 6 felony when either:

* The defendant has been previously convicted of an unlawful sexual behavior offense; or

* The defendant observed a person under the age of 18 years during the commission of the crime.

The adds "live feed" as a means of capturing the image and includes observing a person's intimate parts as a

means of committing the offense. The bill reduced the penalty for ease dropping from a class 6 felony to a class

1 misdemeanor.

Status Senate Judiciary

Position Monitor

SB140 HUMAN TRAFFICKING

Sen. Mitchell

The bill repeals and relocates, with amendments, provisions relating to trafficking in adults, trafficking in

children, and coercion of involuntary servitude. The bill requires proof of the use of force, fraud, or coercion to

prove the crime of trafficking in adults or trafficking in children and proof of the use of force or fraud to prove

the crime of coercion of involuntary servitude. The bill adds trafficking in adults, trafficking in children, and

coercion of involuntary servitude to the list of offenses against the person that qualify as a racketeering activity

for the purposes of the "Colorado Organized Crime Control Act".

Status Senate Judiciary

Position Passive Support

SB152 INFORMATION TO MANDATORY REPORTER CHILD ABUSE

Sen. Newell & Rep. Gagliardi

The bill requires a county department of social services (county department) to provide information to a

mandatory reporter concerning the mandatory reporter's report to the county department of suspected child abuse

or neglect. Within 30 calendar days after receipt of a report, the bill requires the county department to provide

certain information to the mandatory reporter, including but not limited to the name of persons who may pose a

safety risk to the victim, whether the victim has been returned to his or her home, whether the case has been

closed, and contact information for the caseworker investigating the report. Within 90 calendar days after receipt

of the report by the county department, a mandatory reporter may seek certain additional information from the

county department. The bill authorizes a county department to provide this information only to certain

mandatory reporters, including but not limited to hospitals, physicians, nurses, school employees and officials,

and mental health professionals. Information disclosed to a mandatory reporter is confidential, and the

mandatory reporter shall not disclose the information to any other person.

Status Concurred with second House amendments

Position Active Support

SB153 BEHAVORIAL HEALTH SCREENING AND EFFICIENCY

Sen. Boyd

The bill sets forth a legislative declaration concerning the importance of creating a comprehensive approach to

behavioral health issues, including mental health and substance use disorders, and establishes the behavioral

health transformation council to develop strategies for implementing a systemic transformation of the behavioral

health care system. The governor is directed to appoint a behavioral health transformation council whose goal it

is to implement a systemic transformation of the behavioral health system. The bill further establishes the

behavioral health screening in the criminal justice system planning group (planning group) to determine a

standard set of data elements and outlines the membership and duties of the planning group.

Status House Health & Human Services

Position Active Monitor

SB154 HIGH-RISK STUDENT ALTERNATIVE EDUCATION CAMPUS

Sen. Sandoval

The bill expands the definition of "high-risk student" to include children with disabilities, migrant children,

homeless children, children with a documented history of serious psychiatric or behavioral disorders, and

children who are 2 or more years behind grade level as determined by statewide assessments or by other

assessments approved by the department of education for this purpose.

Status Sigened by Governor

Position Active Monitor

SB171 CREATE CHILD PROTECTION OMBUDSMAN PROGRAM

Sen. Newell & Rep. Gagliardi

The bill establishes the child protection ombudsman program (program) as an independent program in thedepartment of human services (state department) that shall be operated by the executive director of the state department (executive director) either directly or by contract with a private nonprofit or public agency or organization. The child protection ombudsman (ombudsman) will direct the program. The powers and duties of the ombudsman shall include:

*Reviewing and seeking resolution of complaints concerning child protection services made by or on behalf of a child, including requesting and reviewing information relating to the case;

*Evaluating and making recommendations for a statewide grievance policy; and

*Filing an annual report concerning the duties of the program and recommendations for improvements to the child protection system.

The powers and duties of the ombudsman may include:

*Reviewing issues raised by members of the community relating to child protection services and making

recommendations for resolution of the issues;

*Helping to educate the public concerning the prevention of child maltreatment;

*Promoting best practices and effective programs relating to the child protection system; and

*Recommending statutory, regulatory, budgetary, and administrative changes to improve the child protection system.

The program will comply with all state and federal laws relating to the treatment of confidential information. The ombudsman will act independently of the state department and the county departments of social services (county departments). Positions taken by the ombudsman may not reflect those of the state department or the county departments.

The ombudsman and employees of the program will have qualified immunity from suit and liability except in cases of willful and wanton misconduct. Within 45 days after the effective date of the bill, the executive director shall appoint and convene an advisory work group to assist in developing a detailed plan for the design of the program (detailed plan), including the qualifications of the ombudsman. If the program is administered through a contract, the work group shall also advise the executive director concerning the criteria for the request for proposals issued for the contract. The work group may consist of members who represent county departments, mandatory reporters, families and children who have been involved with the child protection system, child protection advocates, members of the general assembly, and any other person with expertise in child protection. Members of the work group shall serve without compensation and at the pleasure of the executive director. If the executive director is operating the program through a contract, within 30 days after completing the detailed plan for the program, the executive director shall issue a request for proposals; except that the executive director shall not issue the request for proposals unless he or she determines that sufficient moneys are committed or available for awarding and implementing the contract for the program. The proposal submission period, the review of proposals, and the award of the contract shall be completed within 60 days after the issuance of the request for proposals.

The bill creates the child protection ombudsman program fund and authorizes the department to seek gifts, grants, and donations for the program. The ombudsman will prepare and submit an annual report concerning the program to the executive director for review and comment, and the executive director will forward the report to the governor and to each member of the health and human services committees of the house of representatives and the senate. At the beginning of the third year after implementation of the program, the state auditor's office will conduct a performance and fiscal audit of the program.

Status Concurred with second house amendments

Position Active Amend

SB175 RELOCATE PROVISIONS BEHAVIORAL HEALTH

Sen. Boyd & Rep. Riesberg

The bill relocates provisions in statute relating to behavioral health disorders.

Status Signed by Governor

Position Active Monitor

SB179 VOTING RIGHTS FOR PERSONS IN CRIMINAL JUSTICE SYSTEM

Sen. Steadman

Section 3 of the bill clarifies that a person on inmate status for a felony conviction is not eligible to register to vote or vote in any election. Section 3 also permits any individual who is not on imnate status to register to vote in any election. Section 2 of the bill clarifies that inmate status does not include an individual who is no longer confined involunatrily in a municipal, county, or state prison, jail, detention facility, or other location while service a sentence of parole. Section 2 also delineates various circumstances affecting offenders that do not constitute inmate status. Section 4 of the bill places duties upon county sheriffs, probation officers, parole officers, administrators of juvenile facilities, and administrators of community corrections programs to facilitate the registration for voting purposes of, and voting by, an individual not on inmate status who is in the custody of such official or assigned to the facility the official administers. Section 4 furter specifies that such duties shall include advising the individual of his or her voting rights, providing the individual with information as to the manner in which the individual may register and cast a ballot, providing the individual with voter information materials, and, in applicable cases, ensuring that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official. Section 4 also exempts county sheriffs or their desginees from any restriction under law on the number of mail or mail-in baloots an eligible elector may deliver in person to the designated election official.

Status 2nd reading in House

Position Monitor

SB191 PRINCIPAL AND TEACHER EFFECTIVENESS

Sens. Johnston and Spence & Reps. Scanlan and Murray

FINAL: The bill creates a strategy based on educator effectiveness to develop greater opportunities for educators and enhance education for students throughout Colorado. Section 1 makes legislative findings. Section 2 adds definitions including performance standards, quality standards, and principal and

teacher development plans. Section 3 requires the state board of education to work with the state council for educator effectiveness, to promulgate rules concerning a system to evaluate the effectiveness of educators. In promulgating the rules, the state board is required to conform to a timeline established in statute in Section 5 of the bill. The general assembly is then tasked with reviewing the rules in a bill separate from the annual rule review bill, and may repeal individual rules in that bill. If one or more rules is not approved by the general assembly the state board shall promulgate emergency rules and resubmit to the general assembly to be reviewed. Section 4 repeals the state licensed personnel performance evaluation council. Section 5 codifies the Governor's council for educator effectiveness, created by executive order,

as the state council and lists the purpose and duties for the council. Among those duties are developing, on or before March 1, 2011, recommendations for the state board regarding teacher and principal evaluations and granting and revoking non-probationary status. The council is also charged with accomplishing the following tasks and making appropriate recommendations concerning each item to the state board on or before March 1, 2011: * Developing a set of guidelines for establishing performance standards for different categories

of educators; * Making recommendations regarding career ladders for teachers and principals; * Making recommendations regarding a state plan for the equitable distribution of highly effective teachers and principals; * Making recommendations regarding the implementation and testing of the system, including a cost analysis study; * Making recommendations regarding the involvement of parents in a child's education as it relates to teacher effectiveness; * Developing statewide definitions of principal and teacher effectiveness, to be centered on a demonstrated ability to achieve and sustain adequate student academic growth; * Making recommendations regarding measuring effectiveness through a set of quality standards; and * Making recommendations concerning the use of evaluation data for decisions in the areas of compensation, promotion, retention, removal, and professional development. * Develop a process by which non-probationary teachers may appeal a second consecutive ineffective rating that will be submitted to the general assembly. The recommendations of the council to the state board shall reflect a consensus vote, and for any issue on which the council was unable to reach consensus, the council shall provide to the state board the reasons it was unable to reach consensus. On or before September 1, 2011, the state board shall promulgate rules addressing each of the council's duties and recommendations. If the council fails to make recommendations to the state

board by March 1, 2011, the state board shall, on or before March September 1, 2011, promulgate rules concerning any of the items with which the council was charged to make recommendations. In promulgating rules, the state board shall adhere to the following timeline: * 2011-2012 school year: The department of education will work with school districts and boards of cooperative services to assist with development of evaluation systems based on quality standards;

* On or before January 15, 2012: The state board shall provide to the general assembly the rules promulgated based on the council's recommendations;

* 2012-2013 school year: Initial implementation and testing of the system per the council's recommendations; * 2013-2014 school year: Statewide implementation of the system per the council's recommendations. Demonstrated effectiveness shall begin to be considered in the acquisition of probationary or non-probationary status; * 2014-2015 school year: Statewide implementation of the system shall be finalized and demonstrated effectiveness shall begin to be considered in the acquisition or loss of probationary or non-probationary status.

On or before November 1, 2011, the department of education (department) shall create and make available to school districts and boards of cooperative services a resource bank of assessments and tools to assist in developing local-level evaluation systems that meet the provisions of the system. The bill contains a provision directing that the department shall not be obligated to implement

the bill until sufficient funds have been obtained through gifts, grants, and donations to the great teachers and leaders fund, which is created in Section 6.

Section 6 creates the great teachers and leaders fund and authorizes the department to accept gifts, grants, and donations and federal grants for the purposes of implementing the provisions of the bill. If the department is not able to obtain gifts, grants and donations or federal grants the state treasurer is authorized to transfer the amount needed out of the contingency reserve fund, if

there is an insufficient amount in the contingency reserve fund the state treasurer is authorized to transfer the difference from the state education fund. Section 7 requires a school district board of education or board of cooperative services to meet or exceed the guidelines established by the state board when creating its performance evaluation system. Upon the adoption of the system based on quality standards, one of the standards for measuring effectiveness shall be directly related to classroom instruction and shall require that at least fifty percent of the teacher's evaluation be determined by the academic growth of the

teacher's students. The district accountability committee shall provide input and

recommendations concerning the assessment tools used to measure student academic growth as it relates to teacher evaluations. For the purposes of measuring effectiveness, expectations of student academic growth shall take into account diverse factors, including but not limited to, special education, student mobility, and classrooms with a student population in which ninetyfive percent meet the definition of high-risk student. Standards are provided for a school district board of education to use when evaluating principals. Teachers and principals whose performance has been deemed ineffective shall be provided with a remediation plan that includes professional development opportunities that are intended to help the teacher or principal achieve an effective rating in his or her next performance evaluation. The bill includes an appeal process for teachers and principals who object to a rating of ineffectiveness. At a minimum, a non-probationary teacher may appeal his or her rating to the superintendent or his or her designee. If no collective bargaining agreement is in place following a ruling the appealing teacher may requires a review by a mutually agreed upon third party. The decision by the third party is binding. This portion is repealed February 15, 2013. Section 8. School district accountability committees are given the additional duty of providing input and recommendations concerning the development and use of assessment tools for teacher evaluations. Section 9. School accountability committees are given the additional duty of providing input and recommendations to district accountability committees concerning principal evaluations and professional development plans. Sections 10 and 13 redefine a probationary teacher as a teacher who has not completed 3 consecutive years of demonstrated effectiveness or a non-probationary teacher who has had 2

consecutive years of demonstrated ineffectiveness, as defined by rule of the state board. Section 11 requires teacher placement by mutual consent of the teacher and the receiving school. Each teacher employment contract shall contain a provision stating that the teacher may be assigned to a particular school only upon the consent of the hiring principal with input from at least two teachers employed at the school. Any active non-probationary teache r who has been deemed effective and has not secured a mutual consent placement will be a member of a priority hiring pool with a first opportunity to interview for a reasonable number of available positions. These provisions may be waived in whole or in part for a renewable four year period by the state board provided that the local board in conjunction with the superintendent and teachers association in the district has an operating master employment contract, demonstrates it is in the best interest of the students and support equitable distribution of effective If a teacher is unable to secure a position after 12 months or 2 hiring cycles, he or she will be placed on unpaid leave until he or she earns a position, at which time his or her benefits and years of experience will be reinstated. Section 12 allows demonstrated effectiveness to be a factor in cancelling employment contracts

when there is a justifiable decrease in the number of teaching positions. Section 14 allows for a gradual phase-in of the system by providing an employing school

Monday, May 24, 2010 Page 31 of 32 district, beginning in the 2010-2011 school year, with the option to renew a teacher's contract on either a probationary or non-probationary status or not to renew the contract of a probationary teacher who has completed his or her third year of employment. A probationary teacher deemed to be satisfactory in 2010-2011, 2011-2012, and 2012-2013 shall be deemed to have performed effectively during the same school years and shall be evaluated in accordance with the new system beginning in 2013-2014. A school district may extend the probationary status of a teacher who has had three consecutive satisfactory ratings as of July 1, 2013 by no more than one year.

Section 15 Beginning in 2014-2015 a non-probationary teacher, except one who has received an ineffective rating for two consecutive evaluations may keep his or her non-probationary status in the hiring school district.

 Position: Active Monitor

Status: Delivered to Governor

Fiscal Impact: Yes Impact Amount: ($237,869) FY10-11 ($242,587) FY11-12

Statutory Ref. Amends 22-9-102; 22-9-103; 22-9-104; 22-9-106; 22-11-302; 22-11-402; 22-63-103; 22-63-202