Bill # / Sponsor (s)

House Bill Title

Conference Position

HB 08 1001

Rep. Riesberg

Sen. Bacon

Bioscience Research Grant Program

Concerning the advancement of bioscience discoveries in Colorado.

OPPOSE

Description:  Eliminates in the bioscience discovery evaluation grant program provisions concerning federal agency small business innovation research programs, federal agency small business technology transfer programs, and biofuel research. Adds early-stage bioscience companies as possible recipients of program grants. Specifies which portion of moneys appropriated to the bioscience discovery evaluation cash fund shall be used to provide grants to offices of technology transfer at research institutions and which portion of moneys shall be used to provide grants to early-stage bioscience companies.  Transfers moneys from the general fund portion of the limited gaming fund to the program.

Final Action:  4/21/2008 Governor Signed

HB 08 1011

Rep. Green 

Statute of Limitations

Concerning the statute of limitations applicable to civil actions arising from the commission of sexual assaults against children.

OPPOSE

Description:  Creates an unlimited statute of limitations for civil actions based on damages arising from a sexual assault on a child. Makes the unlimited statute of limitations apply to civil actions against the perpetrator or a third party. In an action against a third party, requires the plaintiff to prove that the third party had control over the perpetrator, knew that the perpetrator had previously committed unlawful sexual conduct, and failed to take steps to prevent additional incidents of unlawful sexual conduct. Creates a 2-year period during which a person may file a cause of action for damages arising from a sexual assault on a child even though the preexisting statute of limitations applicable to the action has run. Repeals language that limits the damages a person may recover if the person brings suit 15 or more years after reaching 18 years of age. Allows a person to bring suit against an entity or third party even though the perpetrator of the sexual offense against a child is deceased or incapacitated. 

Final Action: 03/05/2008 House Judiciary Committee Laid Over Until 05/13/2008...Bill deemed Lost

HB 08 1013

Rep. Sonnenberg

School Related Sales Tax Exemption

Concerning a sales tax exemption for a sale related to a school.

SUPPORT

Description:  Creates a sales tax exemption for a sale related to a school made by specified persons and entities.

05/05/2008 House Considered Senate Amendments - Result was to Concur - Repass

HB 08 1049

Rep. Benefield

Sen. Groff

Extend Child Care Income Tax Credit

Concerning the extension of the years for which a taxpayer may claim the income tax credit for child care facilities.

SUPPORT

Description:  Extends the income tax years for which a taxpayer may claim a credit for making a monetary contribution to promote child care in the state to income tax years commencing before January 1, 2020. Makes a conforming amendment.

04/29/2008 Senate Third Reading Passed

HB 08 1080

Rep. Madden

Sen. Veiga 

Employment Non-Discrimination

Concerning a limitation on the applicability of the exception from compliance with employment nondiscrimination laws for certain religious entities that accept public dollars to fund services provided by the entities. 

OPPOSE

Description:  Limits the applicability of the exception from compliance with employment nondiscrimination laws for religious corporations, associations, educational institutions, or societies when employing persons to provide services that are funded with government funds.

Current Status:  01/10/2008 Introduced In House - Assigned to Business Affairs and Labor  PULLED OFF THE TABLE

HB 08 1081

Rep. Lundberg

Property Tax Credits to Support Education

Concerning property tax credits to support education in the state.

SUPPORT

Description:  Creates 3 property tax credits (education-related credits), which are as follows:

● A credit for tuition payments to an independent or parochial school or other educational expenses for a student who previously attended a public school.

● A credit for contributions to a school tuition organization.

● A credit for tuition payments to an independent or parochial school or other educational expenses that does not require a student to have previously attended a public school.

     Establishes who may claim an education-related credit. Prohibits a credit from being refunded or carried forward to a subsequent property tax year. Requires an affidavit, which must include certain information, to be submitted in order to claim the credit. Permits the credit to be transferred and establishes procedures related thereto. 

     Requires the state treasurer to transfer a specified amount of moneys, which are based on the number of the credits claimed for tuition paid to an independent or parochial school or other educational expenses for each student who previously attended a public school, from the state general fund to both the school tuition organization tax credit cash fund and the private school education tax credit cash fund. Establishes a mechanism for a county treasurer to be reimbursed for the revenue lost due to education-related credits by the state treasurer from these funds, as well as the general fund, depending on the education-related credit that is claimed.

     Specifies that the tax credits granted by the act shall not affect a school district's share of its total program for purposes of the "Public School Finance Act of 1994". Defines terms. Makes legislative findings and declarations. 

Final Action:  01/30/2008 House Committee on Finance Postpone Indefinitely

HB 08 1173

Rep. McGihon

Sen. Shaffer

Prudent Management Institutional Funds

Concerning The Enactment Of The "Uniform Prudent Management Of Institutional Funds Act".

OPPOSE

Description:  Colorado Commission on Uniform State Laws. Replaces the "Uniform Management of Institutional Funds Act" with the "Uniform Prudent Management of Institutional Funds Act", drafted by the national conference of commissioners on uniform state laws. Establishes the same standards for managing and investing institutional funds regardless of whether a charitable organization is organized as a trust, a nonprofit corporation, or some other entity. Imposes additional duties on those who manage and invest charitable funds to provide additional protections for charities and also protects the interests of donors who want to see their contributions used wisely. Establishes stricter guidelines on spending from endowment funds. Updates the provisions governing the release and modification of restrictions on charitable funds to permit more efficient management of these funds. Authorizes a court to modify the purposes to which a hospital foundation's funds are dedicated if the foundation proves that continued dedication of the funds to the purposes originally specified is impractical or wasteful. Directs the re-visor of statutes to publish, as non-statutory matter, the official comments to the uniform act.

Final Action:  4/21/2008 Governor Signed

HB 08 1203

Rep. Boyd

Sen. M. Carroll

Material Change Hospital Transactions

Concerning the definition of the term "material change" for purposes of the laws regulating transactions involving licensed hospitals.

OPPOSE

Description:  Defines the term "material change", for purposes of the laws relating to transactions involving licensed hospitals, to denote the likely deterioration or reduction in the quality, accessibility, or availability of health care services in the affected communities served by a hospital.

04/30/2008 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass

HB 08 1239

Rep. Green

Actions For No Background Check

Concerning The Removal Of Certain Limitations On A Civil Action Based On A Public Entity's Failure To Perform A Legally Required Background Check.

OPPOSE

Description: Waives sovereign immunity and the notice requirement for an action arising out of a public entity's failure to perform a legally required background check prior to hiring an individual who will work with children or in a setting with children. Eliminates the statute of limitations for a civil action based on a failure to perform a legally required background check by a governmental entity prior to hiring an individual.

Final Action:  02/12/2008 Withdrawn

HB 08 1326

Rep. Lambert

Verify Lawful Presence Public Benefits

Concerning the verification of lawful presence in the United States of applicants for public benefits.

OPPOSE

Description:  Requires state agencies and political subdivisions to verify the lawful presence in the country of persons 18 years of age or older who apply for federal or state or local public benefits, regardless of the source of moneys for the benefits. Requires state agencies and political subdivisions that provide moneys to a person to provide federal or state or local public benefits to require the person to verify the lawful presence of persons 18 years of age or older for federal or state or local public benefits, regardless of the source of moneys for the benefits. Prohibits the appropriation of state moneys to a person to provide public benefits unless the person can demonstrate compliance with the requirement to verify awful presence in the United States.

Final Action: 02/21/2008 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

HB 08 1340

Rep. Kefalas

Sen. Boyd

CO Housing Inv FundConcerning the establishment of the Colorado housing investment fund, and, in connection therewith, increasing the documentary fee on real estate transactions subject to voter approval to fund affordable housing.

SUPPORT

Description:  Creates the Colorado housing investment fund (fund) in the state treasury. Makes the administrator of the fund the state division of housing. Specifies the sources of moneys to be transferred to the fund.

Final Action:  04/02/2008 House Committee on Finance Postpone Indefinitely

HB 08 1372

Rep. Primavera

Sen. Hagedorn

Adult Stem Cell Donation Awareness

Concerning the voluntary donation of umbilical cords for the purpose of aiding in the cure of life-threatening diseases through the use of adult blood stem cells.

SUPPORT

Description:  Creates the adult stem cells cure fund (fund) in the state treasury.For income tax years commencing on or after January 1, 2008, but before January 1, 2011, requires a voluntary contribution designation line for the fund to appear on individual income tax return forms. Authorizes the department of public health and environment (department) to accept gifts, grants, and donations for transfer to the fund. Requires the department to set standards for hospitals for the donation and collection of umbilical cord blood for hospitals that choose to participate in umbilical cord donation. Encourages the department to facilitate umbilical cord donations and to promote public awareness of how to donate umbilical cords.

04/30/2008 Senate Third Reading Passed

HB 08 1387

Rep. Buescher 

Low-income Energy Assistance Funding
Concerning energy-related assistance to low-income households from the proceeds of the operational account of the severance tax trust fund.

SUPPORT

Description:  Extends funding from the operational account of the severance tax trust fund used for the purpose of providing energy-related assistance to low-income households through direct bill payment assistance and home energy efficiency improvements. Establishes the amounts that are to be transferred for such purposes in state fiscal years 2009-10 through 2013-14, and requires the end balance of the operational account for state fiscal years 2008-09 through 2012-13 to be at least as much as will be initially transferred in the next state fiscal year for such purposes.

05/06/2008 House Considered Senate Amendments - Result was to Concur - Repass

Bill # / Sponsor (s)

Senate Bill Title

CCC Position

SB 08 074

Sen.  Cadman 

Illegal Alien Trespassing

Concerning the crime of trespassing in the state while in violation of federal immigration law.

OPPOSE

Description:  Makes it a crime for a person who is a citizen of another country to be in the state while in violation of federal immigration law.

Final Action:  01/23/2008 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

In-state Tuition For US Citizens

Concerning assignment of in-state student classification to a student who is a united states citizen who has attended high school in Colorado for a specified period of time prior to the date the student received a secondary school certificate.

SUPPORT

Description: Specifies criteria for a student who is a united states citizen to receive in-state student classification for purposes of tuition in State-supported institutions of higher education. 

05/05/2008 Senate Considered House Amendments - Result was to Concur - Repass

Abortion Informed Consent & Ultrasound

Concerning a requirement that a woman provide informed consent before having an abortion, and, in connection therewith, requiring a physician to provide information regarding an ultrasound to a woman prior to the woman's decision whether to have an abortion.

SUPPORT

Description:  Prior to performing an abortion, requires a physician to inform the woman about her right to have an ultrasound prior to the abortion.  Requires the woman to affirm in writing that she received the information. If requested by the woman, requires the physician to perform an ultrasound or provide her with a list of places that will perform ultrasounds at no cost prior to the woman's decision whether to have an abortion. Prohibits the performance of an abortion before a specified time period after the woman receives the information and has the ultrasound. Makes a medical emergency exception.  Creates a civil right of action for noncompliance with the requirements. Makes a physician's noncompliance with the requirements unprofessional conduct. Makes a violation of the requirements a misdemeanor.

Final Action:  02/11/2008 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

SB 08 112

Sen. Renfroe

Rep. Lundberg

Preservation Of The Exercise Of Religion

Concerning the preservation of a person's xercise of religion.

SUPPORT

Description: Restricts a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity demonstrates that the application of the burden to the person is both essential to furthering a compelling governmental interest and is the least restrictive means of doing so.  Specifies that the grant of permissible state moneys, benefits, or exemptions is not a violation of the act.  Specifies that a person whose exercise of religion has been burdened by a government entity may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief or monetary damages as may be properly awarded by a court. Establishes that if a person prevails in a proceeding to enforce the act, he or she may recover reasonable costs and attorney fees. Specifies that if a court finds a person abused the protections of this section by filing a frivolous or fraudulent claim, that person may be assessed the governmental entity's court costs and may be enjoined from filing further claims. Defines terms.

Final Action: 02/11/2008 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

Interest in Fiduciary Accounts on Affordable HousingConcerning interest on fiduciarily held real estate accounts for the purpose of financing the provision of affordable housing, and, in connection therewith, creating the fiduciary earnings for affordable housing fund and the fiduciary earnings for affordable housing foundation.

SUPPORT

Description:  Requires any closing and settlement services provider to pool and commingle trust money received from clients or beneficial owners in connection with escrows and closings. Requires the closing and settlement services provider responsible for the trust money, as early in the transaction as practicable, to give notice to all parties to the transaction that the trust money, absent direction from the parties, will be placed in a fiduciary account that may generate interest and that such interest, if any, will be donated to the fiduciary earnings for affordable housing foundation (foundation).  Specifies that the requirements of the act shall not apply to any escrow, settlement, or closing where a client or beneficial owner requests in writing that any interest earned on trust money be returned to the client or beneficial owner. Specifies that interest earned on trust money is the property of either the seller in connection with the sale of an interest in real property in the state or a borrower in connection with the refinancing of an interest in real property in the state.  Except for trust money placed in a commingled account, specifies the type of deposit or investment vehicle into which trust money may be deposited. Specifies the requirements of the act do not apply to money otherwise being collected for the purpose of funding either the Colorado association of realtors housing opportunity foundation or the Colorado lawyer trust account foundation. At least once each quarter, requires the financial institution in which a commingled account is maintained to pay the interest earned on the account, less any service charges of such institution, to the fiduciary earnings for affordable housing foundation (foundation) to enhance the availability of affordable housing throughout the state.  Requires the commissioner to adopt such rules as are necessary for the effective administration and implementation of the act. Specifies the type of financial institution in which trust money affected by the act is required to be deposited and maintained. Specifies rules governing the administration of interest earned on trust accounts.  At the time of the remittance of interest, requires the financial institution holding the trust money to provide a statement to the foundation and the commissioner of insurance showing certain information specified in the act. Creates the foundation as a Colorado nonprofit corporation that is not subject to administrative direction by any department, commission, board, bureau, or agency of the state. Places governance of the foundation in a board of directors (board). Specifies requirements concerning the membership, appointment, and administration of the board. Requires any board member, employee, or other agent or adviser of the foundation who has a direct or indirect interest in any contract or transaction with the foundation to disclose this interest to the foundation, and prohibits any board member, employee, or other agent or adviser having such interest from participating on behalf of the foundation in the authorization of any such contract or transaction. Specifies general powers of the foundation.  Requires all money remitted pursuant to the act to be distributed by the foundation on an annual basis, less any reserved amount approved by the board, as specified in the act. Specifies the permissible purposes and uses of money awarded from the fund.  Requires annual reporting by the foundation to the governor and the general assembly. Makes conforming amendments. Makes legislative findings and declarations. Defines terms.

Final Action: 03/05/2008 Senate Committee on Health and Human Services Postpone Indefinitely

SB 08 167

Sen. Tupa

Degree Authorization Act

Concerning the authorization for private higher education institutions to offer degree programs, and making an appropriation therefor.

MONITOR

Description:  Clarifies the procedures and authority related to the authorization to do business in Colorado for private colleges or universities, bible colleges, and seminaries ("institutions"). Permits the Colorado commission on higher education ("commission") to establish fees payable by institutions related to the administration of degrees and authorization to do business in Colorado. Directs the commission to specify procedures by which students may file complaints. Specifies the types of complaints the department of higher education may investigate. Identifies the procedures for addressing complaints, including providing notice to the institution and time for the institution to resolve the complaint. Authorizes the commission to take action to remedy a meritorious complaint if it is not resolved by the institution and the student.

04/28/2008 Senate Considered House Amendments - Result was  Laid Over Daily

SB 08 182 Sen. Boyd

Rep. McGihon

Hospitals Discontinue Essential ServicesConcerning the authority of the department of public health and environment to review proposals to discontinue essential health services at licensed hospitals.

OPPOSE

Description:  Requires any licensed hospital to notify the department of public health and environment (department) at least 90 days prior to the closing of the hospital or the discontinuance of any essential health service provided at the hospital. Directs the department to define by rule "essential health service" for purposes of this law. If a hospital proposes to discontinue an essential health service, requires the department to: 

     ! Determine whether any such discontinued service is necessary for preserving access and health status in the hospital's service area;

     ! Require the hospital to submit a plan for assuring access to such necessary services following the hospital's discontinuance of the service; and

     ! Assure continuing access to such service if the department determines that the closure will significantly reduce access to necessary services, unless compelling financial  circumstances of the hospital and other hospitals in the service area lead the department to conclude such action is contrary to the public interest.  Requires the department to conduct a public hearing prior to a determination on the discontinuance of an essential service or closure of the hospital. Grants the department authority to condition the continued licensure of the hospital upon the continued provision of the essential health service proposed to be discontinued. 

Final Action:  03/19/2008 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely

SB 200

Sen. Veiga

Rep. Judd

Expand Discrimination Prohibitions

Concerning the expansion of prohibitions against discrimination.

OPPOSE

Description: For purposes of membership on the Colorado civil rights commission by persons who are members of groups who have been or might be discriminated against, allows for the appointment of persons who have been or might be discriminated against because of sexual orientation. Prohibits discrimination on the basis of sexual orientation in the following areas: Housing practices; Places of public accommodation; Publication of discriminative matter; Consumer credit transactions; Membership in labor organizations; Inclusion in public works projects; Issuance of license to practice law; Sales of cemetery plots; Determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible; The provision of funeral services; Enrollment or classification of students at private occupational schools; Eligibility for jury service; Enrollment in a charter school, institute charter school, public school, or pilot school for expelled students; Written local school boards of education policies regarding employment, promotion, and dismissal; The assignment or transfer of a public school teacher; Leasing portions of the grounds of or improvements on the grounds of the Colorado state university - Pueblo and the Colorado school of mines; Employment in state personnel system; The provision of adequate hospital facilities; Availabilit