Currently, a court is required to sentence certain sex offenders to an indeterminate sentence that is a maximum 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 or a determinate sentence. The court must specify its reasons on the record for choosing either a determinate or an indeterminate sentence. (Note: This summary applies to this bill as introduced.)
A business improvement district (district) is a type of special district created within a municipality to fund certain types of improvements that will, among other things, promote the continued vitality of existing business areas within the municipality. The law currently allows a municipality to include areas in a district that do not have any existing businesses. The bill requires these areas to have existing businesses. (Note: This summary applies to this bill as introduced.)
The bill provides that a governmental entity may only require an electronic communication service or remote computing service provider to disclose the contents of an electronic or wire communication pursuant to a valid search warrant or court order for production of documents. The warrant or order must include a finding of probable cause to search and seize or produce the electronic or wire communication. An exception to the search warrant or order requirement is established if the time required to obtain the warrant or order would result in a risk of death or substantial bodily injury to a person or if certain persons consent to the release of the contents. The bill also excludes from its provisions situations when a peace officer may lawfully obtain the information from an electronic device in the officer's lawful possession or when only location information is sought pursuant to another statute. The bill also requires the governmental entity to give the customer notice of the search warrant and the disclosure unless the court orders that the notice need not be given due to specified circumstances. The bill prohibits any evidence obtained in violation of the bill from being introduced as evidence or used to obtain a search warrant or court order and provides immunity to an electronic communication service or remote computing service for complying with or objecting to a search warrant. (Note: This summary applies to this bill as introduced.)
The bill limits the damages that a vehicle rental company can recover for the loss of use of the vehicle to the actual lost profits suffered by the company due to the loss of use of the vehicle. (Note: This summary applies to this bill as introduced.)
The bill provides immunity from civil and administrative penalties for the unauthorized practice of a profession by an individual who meets certain requirements. (Note: This summary applies to this bill as introduced.)
Not later than 90 days after the end of the first fiscal year of an urban renewal authority (authority) after the governing body of a municipality has approved an urban renewal plan (plan) that allocates any incremental property or sales tax revenues of any taxing entity other than the municipality, and on the same day each year thereafter, the bill requires the authority to prepare a report for public distribution. The authority is required to send a copy of the report by first class mail and by e-mail to each taxing entity other than the municipality whose incremental property or sales tax revenues will be allocated under the plan. The bill specifies items the report is to address. With the annual report, the bill also requires an authority to submit an independent audit of its financial status that is prepared by a certified public accountant attesting to the accuracy of the annual report. As part of the audit, the certified public accountant is also required to report whether the authority has used any incremental property or sales tax revenues for any unauthorized purposes other than for eligible costs. In connection with the preparation of the report, the authority must also provide any other financial information that is reasonably required by the governing body of the municipality. If the audit finds that any incremental property or sales tax revenues have been used for any unauthorized purposes, the authority is liable for the repayment of such incremental tax revenues to the taxing entities whose incremental property or sales tax revenues were allocated under the plan. (Note: This summary applies to this bill as introduced.)
Current law relating to performance evaluations for teachers and principals (educator evaluations) includes a requirement that at least 50% of an evaluation must be determined by the academic growth of the teacher's students or the students in the principal's school. The bill eliminates that requirement but grants school districts the flexibility to continue to use student academic growth, in an amount not to exceed 20%, in educator evaluations. The bill also allows a local board of education or board of cooperative services that adopts its own local licensed personnel evaluation system to exempt teachers or principals who have either an existing effective or highly effective rating from the annual requirements of such system for a period not to exceed 3 years. If a local board of education or board of cooperative services decides to provide such an exemption, the teacher or principal retains the rating he or she received on his or her most recent evaluation for the exemption period. A teacher or principal who has been exempt from evaluations pursuant to this bill may request a new evaluation prior to the end of the exemption period. The rating from such a new evaluation will become the teacher's or principal's new performance evaluation rating. (Note: This summary applies to this bill as introduced.)
The bill sets forth the conditions under which a probation officer may arrest a defendant who has been granted a deferred judgment and sentence. The bill also makes corresponding amendments to the conditions under which a probation officer may arrest a probationer. (Note: This summary applies to this bill as introduced.)
The bill repeals the requirement that Colorado participate in a consortium of states that develops a set of assessments and the requirement that the state use the assessments that the consortium develops. Under existing law, each local education provider must administer the state assessments in math and English language arts to ninth-grade students and must administer a state-selected assessment to tenth-grade students. Under the bill, each local education provider decides whether to administer to ninth-grade students the state assessments in English language arts and math for ninth-grade students or one of the 2 assessments selected by the department of education (department) for tenth-grade students. Under existing law, the department must select an assessment for students enrolled in tenth grade that is aligned with the standardized, curriculum-based, achievement college entrance exam (exam) that the department must select for students enrolled in eleventh grade. The bill requires the department to select 2 tenth-grade assessments and 2 exams. Each local education provider must decide which assessment and which exam to administer. The state will pay the costs of administering the assessments and exams. The bill directs the department and the state board of education to provide the greatest flexibility possible under federal law to local education providers in selecting and administering state assessments. The bill requires each local education provider to review with each student and his or her parent the results of the ninth-grade and tenth-grade assessments and the eleventh-grade exam and the effect the results may have on the student's individual career and academic plan. (Note: This summary applies to this bill as introduced.)
The bill repeals the death penalty in Colorado for offenses committed on or after July 1, 2017, and makes conforming amendments. (Note: This summary applies to this bill as introduced.)
The bill requires a health insurance carrier or an intermediary that conducts credentialing, utilization management, or utilization review to: Base health care coverage authorizations and medical necessity determinations on generally accepted and evidence-based standards and criteria of clinical practice; Disclose to a carrier's policyholders and providers the evidence-based standards and criteria of clinical practice and processes that the carrier uses for coverage authorizations and medical necessity determinations of health care services; Ensure that coverage authorizations and medical necessity determinations are performed by a health care provider; Categorize a condition as a new episode of care if the same provider has not treated the policyholder for the condition within the previous 30 days; and Ensure that tiered prior authorization criteria are based on generally accepted and evidence-based standards and criteria of clinical practice. The bill prohibits: An intermediary from requiring coverage authorization or a medical necessity determination prior to the evaluation and management services provided by a health care provider to a policyholder during an initial health care visit; and A carrier from creating incentives to reduce or deny coverage authorizations or medical necessity determinations.(Note: This summary applies to this bill as introduced.)
Under current law, the division of online learning (division) within the department of education (department) must certify a multi-district online school before the school can operate. The bill continues the certification of multi-district online schools until January 1, 2018. On and after that date, the division will no longer certify the school but will certify a school district, a group of school districts, a board of cooperative services, or the state charter school institute (authorizer) that chooses to authorize a multi-district online school. The bill establishes the areas in which an authorizer must meet specified requirements to be certified. An authorizer must renew the certification every 5 years. If an authorizer is already operating or overseeing a multi-district online school as of January 1, 2018, the authorizer can continue operating or overseeing the school but must obtain a certification by January 1, 2023. The state board of education (state board) must adopt rules concerning the procedures and timelines by which to apply for certification and any additional areas for which an authorizer must meet requirements. The procedures must include an appellate procedure if the division denies an authorizer's application for certification or revokes or does not renew an authorizer's certification. If an authorizer loses its certification, it may continue operating or overseeing the multi-district online school for the remainder of the school year in which it loses the certification and for the next school year. The division must facilitate the multi-district online school's transition to a new authorizer. Under current law, the department must develop parameters and guidelines for pilot projects in online schools to address measures of student achievement, student count processes and competency-based funding models, tiered interventions, and requirements and responsibilities for student success. The bill adds projects to address the needs of specific student groups in online schools. The general assembly is directed to appropriate money for the pilot projects, in addition to any gifts, grants, or donations the department may receive. Under current law, a multi-district online school that operates a learning center in a school district that is not the school's authorizing school district must enter into a memorandum of understanding with the school district to operate the learning center. The bill requires a multi-district online school to also enter into a memorandum of understanding with a school district that is not the school's authorizer if the school seeks to operate a drop-in center within the school district. The bill requires the division to: Study the issue of student mobility into and out of online schools and report to the state board and the general assembly; and Collect data concerning the operations of authorizers and multi-district online schools, identify and disseminate information concerning best practices, and make the data available for research in the field of online education.(Note: This summary applies to this bill as introduced.)
