Eye on the Legislature
February 19, 2018
Senate Bill 18-151: Finally a bill on bullying and is at least a beginning to addressing the subject. SB 151 requires the Colorado Department of Education (CDE) to research policies, approaches and practices related to bullying prevention and education used by other states.
The purpose of SB 151 is to develop by July 1, 2019 a model bullying prevention and education policy, in consultation with the School Safety Resource Center. Said Research and Model Policy must be updated every three years, and posted on the CDE website “for school districts, charter schools and the Charter School Institute to consider when to develop and implement bullying prevention and education policies.” SB 151 has yet to have its first committee hearing with the effective date of the bill August 1, 2018.
Sponsors of Senate Bill 18-151: Senators Rhonda Fields (D-Arapaho) 866- 4879 and Kevin Priola (R-Adams) 866-4855; Representatives Janet P. Buckner (D-Arapaho) 866-2944 and James D. Wilson (E-Chaffee, Custer, Fremont and Park.
Senate Bill 18-096: SB 096 represents the General Assembly’s action “to effect a non-substantive change in statute to modernize the outdated use of the terms “mental retardation and mentally retarded” where appropriate. The General Assembly further declares that these terminology changes do not in any way alter the scope or applicability of the statutory sections in which the terminology appears.
SB 096 also provides this definition: “Mentally retarded defendant or defendant with an intellectual and developmental disability” means any defendant with significantly sub-average general intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested and documented during the developmental period. The requirement for documentation must be excused by the court upon a finding that extraordinary circumstances exist.”
A sentence of death cannot be imposed upon any defendant who is determined to be a mentally retarded defendant or a defendant with an intellectual and developmental disability pursuant to Section 18-1.3-1102 of the Colorado Revised Statutes. SB 096 further states, “If any person who is determined to be a mentally retarded defendant or a defendant with or a defendant with an intellectual and developmental disability is found guilty of a class 1 felony, such defendant shall be sentenced to life imprisonment.”
SB 096 also sets forth various parameters as to what can be considered regarding evaluation of a defendant and protections for the defendant such as privilege against self-incrimination that may be invoked prior to or during the course of an evaluation pursuant to this section. (Section 18-1.3-1104 of the Colorado Revised Statutes.)
The language of SB 096 complies with the revisions by the American Psychiatric Association made in 2013.
Lead Sponsors of Senate Bill 18-096: Senator Beth Martinez Humenik (R-Adams) 866-4863; and Representative Dan Thurlow (R-Mesa) 866-3068.
Senate Bill 18-099: Early childhood programs can make the difference between a quality education and a life time of failure, and is especially so for children living in poverty under the age of five.
SB 099 makes changes in the School-Readiness Quality Improvement Program, renaming it the Colorado Shines Quality Rating and Improvement System (Colorado Shines). Changes are also made to update application requirements for early childhood councils applying for quality improvement funding and funding through the Infant and Toddler Quality and Availability Grant Program.
Early childhood councils are established locally and charged with developing and implementing childhood school readiness programs, as well as measuring the quality of services provided by an early childhood education program.
Lead Sponsors of Senate Bill 18-099: Senator Michael Merrifield (D-El Paso) 866-6364 and Kevin Priola (R-Adams) 866-4855; and Representatives Brittany Petterson (D-Jefferson) 866-2939 and James D. Wilson (R-Chaffee, Custer, Fremont, Park) 866-2747.
Senate Bill 18-095: The Colorado Revised Statutes are voluminous as one can only imagine with a legislature that meets for 120 days every year. Modernizing language in the statutes is a slow process and probably gets attention when a legislator has a personal interest and a term “hits home” so to speak.
The legislative declaration of SB 095 is to “effect a non-substantive change in statute to eliminate and modernize the outdated use of the terms “illegitimate child” or “legitimate child” or related terms. The general assembly further declares that these terminology changes do not in any way alter the scope or applicability of the statutory sections in which the terminology appears.”
The fiscal impact analysis notes that SB 095 removes references to “legitimate” and illegitimate” children and updates the language to more contemporary terms such as “parentage” or “marital status of the parents” as appropriate. “Colorado recognizes that a parent and child relationship extends equally regardless of marital status.”
SB 095 also amends Section 8-41-595 of the Colorado Revised Statutes as to minor children: “A minor child of a deceased putative father is entitled to compensation when it is proved to the satisfaction of the director that the father, during his lifetime, has acknowledged the child as his and has regularly contributed to his or her support and maintenance for a reasonable period of time prior to his death.”
SB 095 passed third reading on February 13, 2018.
Lead Sponsors of Senate Bill 18-095: Senators Rachal Zenzinger (D-Jefferson) 866-0880 and Beth Martinez Humenik (R-Adams) 866-6995; and Representatives Edie Hooton (D-Boulder) 866-2915 and Hugh McKean (R-Larimer) 866-2947.
The reader's comments or questions are always welcome. E-mail me at doris@dorisbeaver.com.