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2018 Legislative Session
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Public Safety: Civil Asset Forfeiture
Following his signing of HB 17-1313 regarding civil asset forfeiture, Gov. John Hickenlooper convened a task force made up of supporters and opponents of HB 17-1313. The task force met several times in the interim, and HB 18-1020 is the legislation to implement the task force recommendations. This legislation includes a grant program for law enforcement agencies, a new share back formula for law enforcement that will now utilize the state civil asset forfeiture process, clarification of which agencies must report the use of civil asset forfeiture to the Department of Local Affairs, and expansion of the reporting requirement to apply to certain local public nuisance ordinances. The last issue was a contentious conversation as the League was concerned with a broad reporting requirement for municipalities that seize property under public nuisance ordinances. Through negotiation, the ACLU and CML developed language that applies a reporting requirement for a municipality if they receive proceeds through a forfeiture process.
HB 18-1020, Civil Asset Forfeiture
Rep. Leslie Herod, D-Denver; Sens. Tim Neville, R- Littleton, and Daniel Kagan, D-Cherry Hills
Public Safety: Create Next Generation 9-1-1 Board
HB 18-1184 creates a Colorado next generation 911 board (board) in CDPS. The board's purpose is to lead the planning for, implementation of, and transition to a sustainable next generation 911 service in Colorado. CML believes this is a positive step to further 9-1-1 in Colorado and a municipal representative will be on the board. Some 911 authorities have expressed concerns with the make-up of the proposed board as well as other issues. The CML Policy Committee voted to provide staff with discretion as stakeholders gather to discuss their concerns with the creation of the board.
HB 18-1184, Create Next Generation 9-1-1 Board
Reps. Tony Exum, D-Colorado Springs & Polly Lawrence, R-Littleton; Sens. Bob Gardner, R-Colorado Springs & Irene Aguilar, D-Denver
H. Business, Labor, Economic and Workforce Development
Staff discretion to support
Public Safety: Expand Access to Behavioral Health Providers
This legislation adds behavioral health care providers to the list of health care providers that are eligible for loan repayment. It also creates a scholarship program to cover costs of certification and medication assisted treatment training. The goal is to get providers in rural areas and increase the opportunities for substance abuse treatment in rural areas.
SB 18-024, Expand Access to Behavioral Health Providers
Sens. Cheri Jahn, I-Wheat Ridge and Jack Tate, R-Centennial; Rep. Jonathan Singer, D-Longmont
Public Safety: Law Enforcement Information Sharing Grant Program
SB 18-059 creates the law enforcement information-sharing grant program within the Division of Homeland Security and Emergency Management. The grant program created in the bill will provide a grant to a consortium of at least 50 law enforcement agencies in the state. The grant is for the purpose of operating and maintaining a law enforcement information-sharing system. CML supports any opportunity for law enforcement to engage in information sharing as it is vital to maintaining public safety.
SB 18-059, Law Enforcement Information Sharing Grant Program
Sen. Rhonda Fields, D-Aurora; Rep. Dan Pabon, D-Denver
Public Safety: Opioids and Health Plans
This bill prohibits individual and group health benefit plans from requiring prior authorization for medication-assisted treatment, and requires all individual and group health benefit plans to include in the carrier's prescription drug benefit coverage a transdermal analgesic lidocaine patch for treatment of pain. Since municipalities are employers, and many with group plans, CML staff will track this legislation with a neutral position.
Opioids and Health Plans
Public Safety: Prevention of Opioid Misuse
This is proposed legislation out of the legislative interim committee on opioid and substance abuse. The bill sets aside funds for substance abuse programs from the marijuana tax cash fund and continues the opioid interim committee for three years. The committee will meet year around. The legislation also allows for school-based health clinics to utilize grant funding to provide treatment for opioid and other substance use disorders.
HB 18-1003, Prevention of Opioid Misuse
Rep. Brittany Pettersen, D-Lakewood; Sens. Cheri Jahn, I-Wheat Ridge and Kevin Priola, R-Brighton
H. Public Health Care & Human Services
Public Safety: Prevention of Wildfires
Proposed legislation from the Wildfire Matters Review Committee creates tougher penalties for individuals that leave camp fires unattended or have not extinguished them properly. In addition, the bill removes the requirement that counties post notices regarding unattended campfires. The hope is that individuals will take more precautions when operating fires in forested areas. Colorado Coalition for the Homeless, the ACLU, and the Criminal Defense Bar expressed concerns with the legislation, particularly with the increased penalties. A stakeholder meeting was convened, and the bill was amended in committee to address their concerns. The new language will not change the purpose of the bill which is the prevention of
wildfires by creating a deterrent to leaving unattended fires.
HB 18-1051, Prevention of Wildfires
Reps. Millie Hamner, D-Dillion, and Terri Carver, R-Colorado Springs; Sens. Don Coram, R-Montrose, and Mike Merrifield, D-Colorado Springs
Public Safety: Red Light Cameras and Speed Radar
Following the 2016 session, Gov. John Hickenlooper vetoed HB 16-1231, which was a prohibition on the use of red light cameras. This year the legislature has introduced HB 18-1072 which prohibits the use of both red light cameras and speed radar. The League maintains the same position it has with past legislation. Traffic safety is a matter of local concern and that includes the use of technology. HB 18-1072 is scheduled for committee on February 14. For more information find CML's position paper
HB 18-1072, Red Light Cameras and Speed Radar
Rep. Stephen Humphrey, R-Severance; Sen. Tim Neville, R-Littleton
Public Safety: Revoke P.O.S.T. Certification Due to Untruthful Statement
HB 18-1076 requires the peace officers standards and training board (P.O.S.T.) to revoke the certification of a peace officer if the P.O.S.T. board receives notification from a law enforcement agency that employs the officer that the officer made an untruthful statement or omitted a material fact. This includes statements on an official law enforcement document or while testifying at an official judicial proceeding or during an internal affairs investigation. The Colorado Association of Chiefs of Police is working with the sponsor on clarifying amendments but is inclined to support the bill. CML staff is following the progress of amendments, as many member municipalities would like to support the legislation.
HB 18-1076, Revoke P.O.S.T. Certification Due to Untruthful Statement
Rep. Joe Salazar, D-Thornton
Staff discretion to support