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based on: Profile: Colorado Women's Bar Association (CWBA)

 
 
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Colorado Women's Bar Association (CWBA)


Bill: HB18-1001
Title: FAMLI Family Medical Leave Insurance Program
Position
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/30/2018)
House SponsorsF. Winter (D)
M. Gray (D)
Senate SponsorsR. Fields (D)
K. Donovan (D)
Official Summary

The bill creates the family and medical leave insurance (FAMLI)
program in the division of family and medical leave insurance (division)
in the department of labor and employment to provide partial
wage-replacement benefits to an eligible individual who takes leave from
work to care for a new child or a family member with a serious health
condition or who is unable to work due to the individual's own serious

health condition.
Each employee in the state will pay a premium determined by the
director of the division by rule, which premium is based on a percentage
of the employee's yearly wages and must not initially exceed .99%. The
premiums are deposited into the family and medical leave insurance fund
from which family and medical leave benefits are paid to eligible
individuals. The director may also impose a solvency surcharge by rule
if determined necessary to ensure the soundness of the fund. The division
is established as an enterprise, and premiums paid into the fund are not
considered state revenues for purposes of the taxpayer's bill of rights
(TABOR).


Bill: HB18-1018
Title: Human Trafficking Commercial Driver's License
Position
StatusGovernor Signed (04/12/2018)
House SponsorsT. Carver (R)
D. Jackson (D)
Senate SponsorsJ. Cooke (R)
R. Zenzinger (D)
Official Summary

Transportation Legislation Review Committee. The bill
requires that the training to obtain a commercial driver's license contain
education to prevent human trafficking. The department of revenue must
collaborate with organizations that specialize in the recognition and
prevention of human trafficking, and other state agencies. The department

must also publish information about human trafficking for commercial
driver's license holders and trainees.


Bill: HB18-1046
Title: New Birth Certificate To Reflect Gender Change
Position
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/28/2018)
House SponsorsD. Esgar (D)
Senate SponsorsD. Moreno (D)
Official Summary

Under current law, a person born in Colorado who seeks a new
birth certificate from the registrar of vital statistics (state registrar) to
reflect a change in gender designation must obtain a court order
indicating that the sex of the person has been changed by surgical
procedure and ordering that the gender designation on the birth certificate

be amended, and the person must obtain a court order with a legal name
change. The bill repeals that provision and creates new requirements for
the issuance of birth certificates in cases of changes to gender designation
or for an intersex individual.
The bill requires that the state registrar issue a new birth certificate
rather than an amended birth certificate. The bill allows a person who has
previously obtained an amended birth certificate under previous versions
of the law to apply to receive a new birth certificate. A person is not
required to obtain a court order for a legal name change in order to obtain
a new birth certificate with a change in gender designation.
The courts in this state are given jurisdiction to issue a decree to
amend a birth certificate to reflect a change in gender designation for
persons born in another state or foreign jurisdiction if the law of such
other state or foreign jurisdiction requires a court decree in order to
amend a birth certificate to reflect a change in gender designation.


Bill: HB18-1050
Title: Competency To Proceed Juvenile Justice System
Position
StatusGovernor Signed (03/22/2018)
House SponsorsJ. Singer (D)
Senate SponsorsR. Fields (D)
Official Summary

Legislative Oversight Committee Concerning the Treatment
of Persons with Mental Health Disorders in the Criminal and
Juvenile Justice Systems.
The 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: HB18-1082
Title: A Woman's Right To Accurate Health Care Information
Position
StatusHouse Committee on Health, Insurance, & Environment Postpone Indefinitely (02/22/2018)
House SponsorsL. Saine (R)
Senate SponsorsV. Marble (R)
Official Summary

The bill ensures that women are fully and accurately informed
about their personal medical conditions regarding their pregnancies and
health care options. Current medical procedures already use ultrasound
technology to provide information regarding the gestational age of a child
in utero. The bill ensures that a woman has the opportunity to see or

forego seeing her ultrasound. The bill gives the woman a choice between
an abdominal or vaginal ultrasound. The bill allows a woman the
opportunity to find a provider of ultrasound technology that will provide
the service free of charge. The bill requires that a woman be given full
and accurate information regarding her abortion. The bill describes the
information that the physician performing the abortion provides to the
woman and gives the woman an opportunity to sign or refuse to sign a
receipt of information. The bill requires the abortion provider to provide
certain information to the woman at least 24 hours prior to performing an
abortion.
The bill creates a civil right of action for noncompliance with the
requirements, making a physician's noncompliance with the requirements
unprofessional conduct and making a violation of the requirements a
crime.


Bill: HB18-1104
Title: Family Preservation For Parents With Disability
Position
StatusGovernor Signed (04/25/2018)
House SponsorsJ. Danielson (D)
Senate SponsorsK. Lambert (R)
D. Moreno (D)
Official Summary

The bill establishes that family protection safeguards for a parent
or prospective parent with a disability are critical to family preservation
and the best interests of the children of Colorado. These safeguards
include:
  • That a parent's disability must not serve as a basis for
denial or restriction of parenting time or parental

responsibilities;
  • That, when devising a treatment plan, active efforts must
be made to include the provision of reasonable
accommodations for a parent's disability;
  • That a parent's disability must not serve as a basis for
denial of participation in a public or private adoption, or for
denial of foster care or guardianship, when it is otherwise
determined to be in the best interest of the child; and
  • That the benefits of providing supportive parenting services
must be considered by a court when determining parental
responsibilities, parenting time, adoption placements, foster
care, and guardianship.


Bill: HB18-1115
Title: Department of Public Safety Human Trafficking-related Training
Position
StatusSenate Committee on Appropriations Postpone Indefinitely (05/08/2018)
House SponsorsJ. Ginal (D)
T. Carver (R)
Senate SponsorsL. Garcia (D)
J. Cooke (R)
Official Summary

The bill requires the division of criminal justice to provide human
trafficking training to law enforcement agencies and entities that provide
services to human trafficking victims. The training may include:
  • Train-the-trainer programs;
  • Direct trainings; and
  • Online training programs.

The training may be provided to law enforcement agencies, organizations
that provide direct services to human trafficking victims, school personnel
and parents or guardians of students, and any other organization, agency,
or group that would benefit from such training. The training must be
developed in consultation with the Colorado human trafficking council.
When considering requests for training, the division should give priority
to requests from areas of the state that have limited access to training
resources. Beginning in 2019, the council's annual human trafficking
report must include an update on the trainings provided.


Bill: HB18-1120
Title: The Prohibition Of Dismemberment Abortions
Position
StatusHouse Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/28/2018)
House SponsorsP. Neville (R)
Senate SponsorsT. Neville (R)
V. Marble (R)
Official Summary

The bill prohibits dismemberment abortions.


Bill: HB18-1206
Title: Live & Let Live Act
Position
StatusHouse Committee on Judiciary Postpone Indefinitely (03/27/2018)
House SponsorsS. Humphrey (R)
Senate SponsorsK. Lundberg (R)
Official Summary

The bill establishes the Live and Let Live Act in the state.


Bill: HB18-1225
Title: Protect Human Life At Conception
Position
StatusHouse Committee on Health, Insurance, & Environment Postpone Indefinitely (02/22/2018)
House SponsorsS. Humphrey (R)
Senate SponsorsK. Lundberg (R)
Official Summary

The bill prohibits terminating the life of an unborn child and
makes a violation a class 1 felony. The following are exceptions to the
prohibition:
  • A licensed physician performs a medical procedure
designed or intended to prevent the death of a pregnant
mother, if the physician makes reasonable medical efforts

under the circumstances to preserve both the life of the
mother and the life of her unborn child in a manner
consistent with conventional medical practice; and
  • A licensed physician provides medical treatment, including
chemotherapy and the removal of an ectopic pregnancy, to
the mother that results in the accidental or unintentional
injury to or death of the unborn child.
The pregnant mother upon whom termination of the life of an
unborn child is performed or attempted is not subject to a criminal
penalty. The sale and use of contraception is not prohibited by the bill. A
conviction related to the prohibition of the termination of the life of an
unborn child constitutes unprofessional conduct for purposes of physician
licensing.


Bill: HB18-1243
Title: Civil Rape Shield Law
Position
StatusGovernor Signed (04/25/2018)
House SponsorsC. Wist (R)
Senate SponsorsR. Fields (D)
D. Coram (R)
Official Summary

Under Colorado criminal law there is a rape shield law that
presumes that evidence of a victim's sexual conduct is irrelevant and not
admissible except for:
  • Evidence of the victim's prior or subsequent sexual conduct
with the defendant; or
  • Evidence of specific instances of sexual activity showing
the source or origin of semen, pregnancy, disease, or any
similar evidence of sexual intercourse offered for the

purpose of showing that the act or acts were or were not
committed by the defendant.
The bill creates a similar presumption in a civil proceeding involving
alleged sexual misconduct. If a party wants to introduce sexual conduct
evidence, it must file a confidential motion with the court at least 63 days
prior to trial. Prior to ruling on the motion, the court shall conduct an in
camera hearing and allow the parties and alleged victim to attend and be
heard. All motions and all related records are kept under seal unless the
court orders that the evidence is admissible.


Bill: HB18-1245
Title: Prohibit Conversion Therapy Mental Health Provider
Position
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/23/2018)
House SponsorsP. Rosenthal (D)
D. Michaelson Jenet (D)
Senate SponsorsS. Fenberg (D)
L. Guzman (D)
Official Summary

The bill prohibits a licensed physician specializing in psychiatry
or a licensed, certified, or registered mental health care provider from
engaging in conversion therapy with a patient under 18 years of age. A
licensee who engages in these efforts is subject to disciplinary action by
the appropriate licensing board. Conversion therapy means efforts that

seek to change an individual's sexual orientation, including efforts to
change behaviors or gender expressions or to eliminate or reduce sexual
or romantic attraction or feelings toward individuals of the same sex.


Bill: HB18-1256
Title: Sunset Continue Civil Rights Division And Commission
Position
StatusGovernor Signed (05/22/2018)
House SponsorsC. Duran (D)
L. Herod (D)
Senate SponsorsR. Gardner (R)
Official Summary


Sunset Process - House Judiciary Committee. The bill
implements the recommendation of the department of regulatory agencies
in its sunset review of the Colorado civil rights division and the Colorado
civil rights commission to continue the commission and the division and
their respective functions for 9 years, through September 1, 2027.


Bill: HB18-1377
Title: Prohibit Seeking Salary Information Job Applicant
Position
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/02/2018)
House SponsorsB. Pettersen (D)
J. Coleman (D)
Senate SponsorsD. Moreno (D)
K. Donovan (D)
Official Summary

The bill makes it an unfair employment practice for an employer
to seek wage or salary history information, including compensation and
benefits, about an applicant for employment, unless the employer notifies
the applicant of the wage or salary range for the current employment
opening or the applicant agrees to discuss his or her wage or salary

history.


Bill: HB18-1378
Title: Equal Pay For Equal Work Act
Position
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/04/2018)
House SponsorsJ. Danielson (D)
J. Buckner (D)
Senate SponsorsK. Donovan (D)
R. Fields (D)
Official Summary

The bill authorizes the director of the division of labor standards
and statistics in the department of labor and employment (director) to
administer and enforce the law that prohibits an employer from
discriminating against an employee on the basis of sex and to issue

awards to employees and impose penalties on employers for violations.
The bill removes the director's enforcement authority and instead permits
an aggrieved person to bring a civil action in district court to pursue
remedies specified in the bill. The bill allows exceptions to the
prohibition if the employer demonstrates that a wage differential is based
upon one or more factors including a seniority system, a merit system, or
a system that measures earnings by quantity or quality of production or a
bona fide factor other than sex.
The bill prohibits an employer from discharging or retaliating
against an employee for actions by an employee asserting the rights
established by the bill against an employer.
An employer is required to announce to all employees employment
advancement opportunities and the pay range for the opportunities. The
director is authorized to enforce actions against an employer concerning
transparency in pay and employment opportunities, including fines of
between $500 and $10,000 per violation.


Bill: HB18-1385
Title: Domestic Relations Changes Due To Federal Tax Law
Position
StatusGovernor Signed (05/24/2018)
House SponsorsD. Roberts (D)
Senate SponsorsD. Coram (R)
Official Summary

Prior to the enactment of federal tax legislation in December 2017,
spousal maintenance was capable of being classified as deductible by the
payor spouse for federal income tax purposes and taxable income to the
recipient spouse. As a result of the 2017 federal tax legislation,
commencing in 2019, spousal maintenance is not deductible by the payor

spouse and is not taxable income to the recipient spouse. The guideline
advisory amount of maintenance in statute, and the definitions used for
calculating gross income and adjusted gross income for maintenance and
child support awards, reflects the anticipated tax consequences to the
payor and recipient under prior law.
The bill adjusts downward the advisory guideline calculation of
the amount of maintenance in circumstances where the maintenance
awarded is not deductible by the payor spouse and is not taxable income
to the recipient spouse. The bill also amends the definitions of gross
income and adjusted gross income to properly reflect the tax
implications of maintenance obligations.
In addition, the bill adjusts the definitions of gross income and
adjusted gross income in calculating child support obligations to reflect
the tax implications of maintenance obligations.


Bill: HB18-1391
Title: Sexual Misconduct In Higher Education
Position
StatusSenate Committee on Appropriations Postpone Indefinitely (05/01/2018)
House SponsorsC. Duran (D)
F. Winter (D)
Senate SponsorsA. Kerr (D)
B. Martinez Humenik (R)
Official Summary

The bill requires each institution of higher education (institution)
to adopt, periodically review, and update a policy on sexual misconduct
(policy). The bill establishes minimum requirements for the policies,
including reporting options, procedures for investigations and
adjudications, and protections for involved persons. Institutions are to
promote the policy by posting information on their websites and annually

distributing the policy and information.
Institutions are required to provide training on awareness and
prevention of sexual misconduct, the policy, and resources available to
discuss such misconduct.
The bill requires institutions to report to the department of higher
education (department) on their policies and training, and the department
posts information on the reports on its website.
The department is to host biennial summits on sexual misconduct
on institution campuses to facilitate communication, share information,
and hear from experts. The bill identifies the membership of the planning
committee for the summits. The planning committees are to report to
specified committees of the general assembly on the summits.


Bill: HB18-1398
Title: Statute Of Limitations Domestic Violence Torts
Position
StatusGovernor Signed (05/30/2018)
House SponsorsC. Wist (R)
M. Gray (D)
Senate SponsorsR. Gardner (R)
Official Summary

The bill states that any civil action to recover damages caused by
an act of domestic violence must be commenced within 6 years after a
disability has been removed for a person under disability or within 6 years
after a cause of action accrues, whichever occurs later.


Bill: SB18-055
Title: Increase Surcharge For Trafficking Children
Position
StatusGovernor Signed (04/23/2018)
House SponsorsK. Van Winkle (R)
E. Hooton (D)
Senate SponsorsT. Neville (R)
Official Summary

Current law requires each person who is convicted of a crime
against a child to pay a surcharge to the clerk of the court for the judicial
district in which the conviction occurs. The bill adds the crime of human
trafficking of a minor for sexual servitude to the definition of crime
against a child for purposes of the surcharge. For a class 2 felony, the
amount of the fine is $1,500. The bill states that if the class 2 felony is for

human trafficking of a minor for involuntary servitude or for human
trafficking of a minor for sexual servitude, then the amount of the fine is
$3,000. Additionally, in cases where an offender is required to pay the
new surcharge, the court is encouraged to delay any finding of indigence
until 6 months after the offender's conviction, at which time the court may
require the defendant or defendant's counsel to submit documents that
substantiate the defendant's indigence.


Bill: SB18-058
Title: Failure Report Child Abuse Statute Of Limitations
Position
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/14/2018)
House SponsorsT. Carver (R)
Senate SponsorsR. Fields (D)
Official Summary

The bill makes failure to report child abuse or neglect one of the
crimes in which the statute of limitations begins to run upon discovery of
the criminal act or the delinquent act.


Bill: SB18-084
Title: Protection Minor Victims Of Human Trafficking
Position
StatusSenate Committee on Judiciary Postpone Indefinitely (04/09/2018)
House SponsorsP. Lundeen (R)
L. Landgraf (R)
Senate SponsorsJ. Kefalas (D)
Official Summary

The bill establishes legislation to further protect minors who are
victims of human trafficking of a minor for involuntary servitude and
human trafficking of a minor for sexual servitude (minor who is a victim
of human trafficking). The term sexually exploited minor is clarified to
include a person less than 18 years of age who has been a victim of
human trafficking or has engaged in certain prostitution-related activities.

A statutory presumption is established that any person who is less
than 18 years of age who engages in conduct that would constitute
prostitution if such person were an adult is presumed to be a minor who
is a victim of human trafficking, and must be referred to the appropriate
county department of human or social services for care and services.
The bill makes conforming amendments.


Bill: SB18-171
Title: Marketplace Contractor Workers' Compensation Unemployment
Position
StatusHouse Second Reading Laid Over to 05/10/2018 - No Amendments (05/02/2018)
House SponsorsD. Pabon (D)
L. Sias (R)
Senate SponsorsC. Holbert (R)
A. Williams (D)
Official Summary

The bill establishes a test for determining whether a marketplace
contractor is considered an employee under the Workers'
Compensation Act of Colorado and whether services provided by a

marketplace contractor are considered employment under the Colorado
Employment Security Act.


Bill: SB18-241
Title: Colorado Children First Act
Position
StatusSenate Second Reading Lost - No Amendments (05/01/2018)
House SponsorsS. Humphrey (R)
Senate SponsorsK. Lundberg (R)
Official Summary

The bill establishes the Colorado Children First Act in the state.

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