May 28, 2016

Bills Regarding Residential Drug Treatment for Probationers, Enhancing Cybersecurity, and More Signed

On Friday, May 20, 2016, Governor Hickenlooper signed seven bills into law. To date, he has signed 199 bills this legislative session. Some of the bills signed Friday include a bill to extend the transitional jobs program, a bill to allow persons on probation for any offense to engage in residential drug treatment, and a bill to increase state cybersecurity. The bills signed Friday are summarized here.

  • HB 16-1097 – Concerning Regulation of Medicaid Nonemergency Transportation Providers, and, in Connection Therewith, Making and Reducing an Appropriation, by Reps. Don Coram & Dominick Moreno and Sen. Ray Scott. The bill allows providers of non-emergency transportation to Medicaid clients to operate under a limited regulation permit from the Public Utilities Commission.
  • HB 16-1197 – Concerning a Requirement that State Agencies Implement a Program to Streamline the Granting of Occupational Credentials to Veterans Based on Military Training, and, in Connection Therewith, Making an Appropriation, by Reps. Terri Carver & Jovan Melton and Sens. Nancy Todd & Larry Crowder. The bill requires each state agency that certifies, licenses, or registers an occupation to publish a summary of pathways available to military veterans by evaluating the extent to which military training meets state requirements, identifying reciprocity mechanisms in other states, and determining if occupational examinations are available that authorize a veteran to practice; consult with community colleges and other post-secondary education institutions about courses or programs that fill the gap between military and civilian occupational training, and refresher courses for lapsed occupational training; and consider adopting a national credentialing examination.
  • HB 16-1267 – Concerning the “Colorado Veterans’ Service-to-Career Pilot Program”, and, in Connection Therewith, Creating a Grant Program Through the Department of Labor and Employment to Aid Work Force Centers in Supporting Veterans and their Spouses Seeking New Employment and Careers, and Making an Appropriation, by Reps. Pete Lee & Rhonda Fields and Sens. Laura Woods & Morgan Carroll. The bill creates the Colorado Veterans’ Service-to-Career Pilot Program. Through CDLE and in partnership with nonprofit agencies, workforce centers throughout the state may apply for grants to develop and expand career services for veterans, spouses, and eligible participants. Eligible participants include a veteran’s dependent child under age 27 and a veteran’s caregiver over age 18.
  • HB 16-1278 – Concerning Residential Drug Treatment for Persons on Probation, by Rep. Pete Lee and Sen. John Cooke. The bill allows the court to require a defendant to participate in drug treatment when sentenced to probation for any offense, rather than just drug offenses.
  • HB 16-1288 – Concerning the Creation of an Industry Infrastructure Grant Program Within the State Work Force Development Council, by Reps. Tracy Kraft-Tharp & Cole Wist and Sens. Jack Tate & Michael Merrifield. The bill creates the Industry Infrastructure Grant Program within the Colorado Workforce Development Council (CWDC). The purpose of the program is for the CWDC to partner with eligible nonprofit entities to develop industry competency standards to support businesses in their implementation of work site training programs.
  • HB 16-1290 – Concerning an Extension of the Transitional Jobs Program, and, in Connection Therewith, Making an Appropriation, by Reps. Daneya Esgar & Tracy Kraft-Tharp and Sens. Andy Kerr & Owen Hill. The bill extends the sunset of the transitional jobs program until June 30, 2022, and requires the Department of Human Services to stop offering transitional jobs after December 31, 2021.
  • HB 16-1453 – Concerning Measures to Enhance Cybersecurity, and, in Connection Therewith, Making an Appropriation, by Rep. Millie Hamner and Sen. Kent Lambert. The bill creates the Colorado Cybersecurity Council in the Department of Public Safety, which is to operate as a steering group to develop cybersecurity policy guidance for the Governor; develop comprehensive goals, requirements, initiatives, and milestones; and to coordinate with the General Assembly and the Judicial Department regarding cybersecurity.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Bills Concerning Depositions for At-Risk Persons, Immunity for Reported Overdoses, and More Signed

On Thursday, May 19, 2016, Governor Hickenlooper signed six bills into law. To date, he has signed 192 bills this legislative session. The bills signed Thursday include a bill to allow depositions of at-risk persons in criminal trials in which the at risk persons may not be available to testify, a bill repealing certain mandatory terms of incarceration, and more. The bills signed Thursday are summarized here.

  • HB 16-1027 – Concerning Depositions in Criminal Cases in Which an At-Risk Person May Not Be Available for Trial, by Rep. Jessie Danielson and Sens. Nancy Todd & Jerry Sonnenberg. The bill expands and streamlines the allowable use of recorded depositions for at-risk elders. Under the bill, upon receipt of a motion the court must schedule a recorded deposition within 14 days without further findings if the victim is an at-risk elder, defined as any person 70 years of age or older; however, the bill allows the defense to challenge the motion for recorded depositions of other at-risk adults.
  • HB 16-1227 – Concerning Exemptions from Child Support Enforcement Requirements as a Condition of Receipt of Child Care Assistance Under the Colorado Child Care Assistance Program, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Brian DelGrosso and Sens. Owen Hill & Larry Crowder. The bill specifies that a teen parent is not required to submit an application for child support establishment as a condition of receiving child care assistance. However, the county can require the parent to submit an application for child support establishment in order to receive child care assistance once they no longer qualify as a teen parent.
  • HB 16-1302 – Concerning the Alignment of the Colorado Statutes with the Federal “Workforce Innovation and Opportunity Act” Through the “Colorado Career Advancement Act,” by Reps. Crisanta Duran & Brian DelGrosso and Sen. Linda Newell. The bill changes the title of the “Colorado Workforce Investment Act” to the “Colorado Career Advancement Act.” It also clarifies the roles of specific entities in workforce development programs and removes statutory requirements made inapplicable by the federal act.
  • HB 16-1390 – Concerning Immunity for Certain Persons who Are Involved with a Reported Overdose Event, by Rep. Dominick Moreno and Sen. Lucia Guzman. The bill provides immunity from arrest for underage persons reporting alcohol or marijuana overdoses and extends immunity from arrest and prosecution to the underage person requiring medical assistance.
  • SB 16-072 – Concerning an Increase in the Maximum Total Amount of Annual Lease Payments Authorized for Lease-Purchase Agreements Entered into Under the “Building Excellent Schools Today Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Andy Kerr and Reps. Alec Garnett & Jim Wilson. Currently under the Building Excellent Schools Today Act (BEST), the state may enter into lease-purchase agreements for public school facility capital construction projects, subject to the limitation that the maximum total annual amount of lease payments payable under these agreements does not exceed $80 million in a fiscal year. This bill establishes incremental caps on these lease payments.
  • SB 16-102 Concerning the Elimination of Mandatory Sentences to Incarceration for Certain Crimes, and, in Connection Therewith, Making and Reducing an Appropriation, by Sen. Andy Kerr and Rep. Dominick Moreno. The bill  removes the mandatory term of incarceration that must accompany convictions of certain types of second degree assault or violations of bail bond conditions.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Bills Updating Election Laws, Clarifying Tax Exemptions for Housing Authorities, and More Signed

On Wednesday, May 18, 2016, Governor Hickenlooper signed nine bills into law. To date, he has signed 186 bills into law this legislative session. The bills signed Wednesday include a bill to clarify the scope of tax exemption for housing authorities, a bill providing an exception to the prohibition against disclosing confidential mental health information when school safety is at risk, and more. The bills signed Wednesday are summarized here.

  • HB 16-1006 – Concerning Clarification of the Scope of the Exemption from Government Charges for Property Owned by or Leased to a Housing Authority or Owned by, Leased to, or Under Construction by an Entity that is Wholly Owned by an Authority, an Entity in Which an Authority has an Ownership Interest, or an Entity in Which an Entity Wholly Owned by an Authority or of Which an Authority is the Sole Member has an Ownership Interest, by Reps. KC Becker & Alec Garnett and Sen. Owen Hill. The bill clarifies that sales, use, and property tax exemptions apply to low-income housing property owned by or leased to any subsidiary of a housing authority.
  • HB 16-1063 – Concerning an Exception to the Prohibition Against Disclosing Confidential Communications with a Mental Health Professional when School Safety is at Risk, by Reps. Mike Foote & Crisanta Duran and Sens. Mark Scheffel & Bill Cadman. The bill allows a specified mental health professional tomake a disclosure if his or her client makes an articulable and significant threat to a school or its occupants or exhibits behavior that the professional deems to jeopardize the safety of students, teachers, administrators, or other school personnel.
  • HB 16-1101 – Concerning Medical Decisions for Unrepresented Patients, by Rep. Dave Young and Sen. Kevin Lundberg. The bill allows an attending physician to designate another willing physician to act as a patient’s proxy decision-maker for health care treatment under certain conditions. The attending physician cannot act as the proxy decision-maker.
  • HB 16-1228 – Concerning an Alternative Transfer Mechanism for Water Rights that Protects the Agricultural Use for which a Water Right was Originally Decreed while Permitting Renewable One-Year Transfers of a Portion of the Water Subject to the Water Right, by Reps. Jeni James Arndt & Jon Becker and Sens. Kerry Donovan & Jerry Sonnenberg. The bill allows the owner of an absolute decreed irrigation water right used for agricultural purposes to apply in water court to change the use of the water right to an agricultural water protection water right which is created by this bill.
  • HB 16-1394 – Concerning Clarifying Definitions Related to At-Risk Persons, by Rep. Dave Young and Sen. Kevin Grantham. The bill implements the recommendations of the at-risk adults with intellectual and developmental disabilities (IDD) mandatory reporting implementation task force, including changing definitions related to at-risk persons, expanding penalties for mistreatment of at-risk persons, and more.
  • SB 16-142 – Concerning Modernization of Election Law Provisions, and, in Connection Therewith, Correcting Statutory Citations, Updating Terms and Procedures to Reflect Modern Elections Administration, Conforming State Law to Federal Law, Eliminating Redundancies and Obsolete References and Practices, Harmonizing Durational Residency Requirements for Certain Local Government Elections, and Making an Appropriation, by Sen. Ray Scott and Rep. Su Ryden. The bill makes various changes and updates to election statutes.
  • SB 16-177 – Concerning Technical Modifications to Legislation Enacted in 2015 to Promote an Equitable Financial Contribution Among Affected Public Bodies in Connection with Urban Redevelopment Projects Allocating Tax Revenues, by Sens. Beth Martinez Humenik & Rollie Heath and Reps. Dickey Lee Hullinghorst & Polly Lawrence. The bill makes technical adjustments and clarifies recent legislation concerning urban renewal, urban renewal plans, and provisions for sharing tax increment financing among affected taxing entities.
  • SB 16-201 – Concerning Revising the Child Welfare Funding Mechanism, by Sen. Kevin Grantham and Rep. Dave Young. The bill requires the Department of Human Services to work with county departments of human services, residential treatment providers, the Department of Health Care Policy and Financing, and the Joint Budget Committee to review the rate-setting process for residential treatment programs serving youth in the child welfare system.
  • SB 16-211 – Concerning Contests to Specified Special District Elections that are Made on Grounds Relating to Elector Qualifications, and, in Connection Therewith, Imposing a Jurisdictional Bar on Contests of Certain Elections and Validating the Qualifications of Certain Actors when Timely Contests Challenging Those Qualifications Have Not Been Filed, by Sens. Bill Cadman & Mark Scheffel and Reps. Dickey Lee Hullinghorst & Crisanta Duran. For special district elections conducted prior to April 21, 2016, and on May 3, 2016, this bill prohibits contesting the results of the election on the grounds that any person voting at the election was not eligible to vote, except in limited circumstances, and the qualification of any person elected or appointed to a special district is validated and may not be contested.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Unaccompanied Homeless Youth Tuition Bill, Debt-Free Schools Act Bill, and More Signed

On Tuesday, May 17, 2016, Governor Hickenlooper signed five bills into law. To date, he has signed 177 bills this legislative session. The bills signed Tuesday include a bill to determine domicile status for in-state tuition purposes for unaccompanied homeless youth, a bill to consider whether health plans should be offered based on a single geographic area, and more. The bills signed Tuesday are summarized here.

  • HB 16-1100 – Concerning the Ability of Unaccompanied Homeless Youth to Determine Domicile for Purposes of In-State Tuition Status at Institutions of Higher Education, by Reps. Brittany Pettersen & Daneya Esgar and Sen. John Cooke. The bill adds “unaccompanied homeless youth” to the list of persons who are qualified to determine their own domicile and to be classified as a resident for tuition purposes at state supported institutions of higher education.
  • HB 16-1276 – Concerning the Division of Reclamation, Mining, and Safety’s Ability to Conduct Emergency Responses at Legacy Hard Rock Mining Sites, by Reps. Millie Hamner & Don Coram and Sens. Ellen Roberts & Kerry Donovan. The bill allows the Division of Reclamation, Mining, and Safety to use funds from the Emergency Response Cash Fund to conduct an emergency response when circumstances exist at a legacy mine site that create a danger to public health or welfare, or to the environment.
  • HB 16-1336 – Concerning the Creation of a Single Geographic Rating Area for Health Insurers to Use When Establishing Rates for Individual Health Insurance Plans, by Reps. Millie Hamner & Bob Rankin and Sen. Kerry Donovan. The bill requires the Commissioner of Insurance to conduct a study to determine the impacts and viability of establishing a single geographic area for use in determining the premium rates for individual health insurance plans issued in Colorado.
  • HB 16-1354 – Concerning Authorization for a School District to Impose an Additional Mill Levy for the Sole Purpose of Funding Capital Construction, New Technology, Existing Technology Upgrade, and Maintenance Needs of the District Without Borrowing Money, by Reps. Diane Mitsch Bush & Jon Becker and Sen. Jerry Sonnenberg. The bill, known as the “Debt-Free Schools Act,” authorizes a school district, with voter approval, to impose an additional mill levy for the sole purpose of cash funding its capital construction and facility maintenance needs without borrowing money.
  • SB 16-021 – Concerning Recognition of the Third Saturday in May as a State Holiday, and, in Connection Therewith, Designating the Third Saturday in May as “Public Lands Day,” by Sen. Kerry Donovan and Reps. Diane Mitsch Bush & KC Becker. The bill creates a new holiday, “Public Lands Day,” on the third Saturday in May.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Bills Regarding Funding Colorado Water Conservation Board, Delegating DMV Functions, and More Signed

On Monday, May 16, 2016, Governor Hickenlooper signed three bills into law. To date, the governor has signed 172 bills this legislative session. The bills signed Monday are summarized here.

  • SB 16-138 – Concerning a Study of the Delegation of Functions of Certain Regulations Related to Motor Vehicles Administered by the Department of Revenue, by Sen. Ray Scott and Rep. Kevin Priola. The bill requires the Department of Revenue to study and make recommendations concerning the delegation of certain DMV services, including issuance and renewal of driver’s licenses, to private entities.
  • SB 16-168 – Concerning the Ability of a Political Subdivision from an Adjoining State to Jointly Operate an Airport in Colorado, by Sen. Ellen Roberts and Rep. J. Paul Brown. The bill allows a county or municipality in an adjoining state to be part of a Colorado airport authority by entering into an agreement with one or more Colorado counties or municipalities to operate an airport jointly.
  • SB 16-174 – Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making Appropriations, by Sen. Jerry Sonnenberg and Reps. Ed Vigil & Don Coram. The bill appropriates money from the CWCB construction fund to finance specific water-related projects in 2016-17.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Governor Signs Rain Barrel and Rule Review Bills

This week, Governor Hickenlooper signed two bills into law. To date, the governor has signed 169 bills this legislative session.

On Monday, May 9, he signed HB 16-1257, “Concerning Implementation of Recommendations of the Committee on Legal Services in Connection With Legislative Review of Rules and Regulations of State Agencies,” by Rep. Beth McCann and Sen. Mark Scheffel. The bill provides for the continuation of certain state agency rules and regulations and the expiration of others, reflecting a review of state agency rules and regulations that were adopted or amended on or after November 1, 2014, and before November 1, 2015.

On Thursday, May 12, the governor signed HB 16-1005, “Concerning the Use of Rain Barrels to Collect Precipitation from a Residential Rooftop for Nonpotable Outdoor Uses,” by Reps. Daneya Esgar & Jessie Danielson and Sen. Michael Merrifield. The bill allows the collection of precipitation from the roof of a home in up to two rain barrels subject to certain conditions, including that the building is a single-family residence or a multi-family residence with up to four units; the precipitation collected is used for outdoor purposes on the residential property where the precipitation is collected, including irrigation of lawns and gardens; the precipitation must not be used for drinking water or indoor household purposes; and the State Engineer may curtail rain barrel usage if the diversion of water is causing or will cause material injury to senior water rights.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

SB 16-171: Enacting Modifications to New Energy Improvement District Program

On March 22, 2016, Sen. Martinez and Rep. Tyler introduced SB 16-171Concerning Modification and Clarification of the Statutes Pertaining to the New Energy Improvement District. The bill was assigned to the Senate Local Government Committee, where it was referred, unamended, to the Senate Committee of the Whole for Second Reading. The bill passed Second and Third Readings in the Senate with no amendments and was referred to the House Committee on Transportation & Energy. The bill passed through the House with no amendments and is awaiting signature.

The New Energy Improvement District (“NEID”) is a statewide district operating a program to facilitate private financing of energy and water improvements to eligible real property. This bill modifies and clarifies the statutes that pertain to the NEID as follows:

Section 2 of the bill, C.R.S. § 32-20-105, requires the county treasurer of a county that has authorized the operation of the NEID Program (“Program”) to retain a one percent collection fee for each NEID special assessment that is collected. The bill also authorizes such a county to revoke its authorization for the operation of the program so long as the county meets all of its program financing obligations existing on the effective date of the deauthorization until all fees have been paid in full to the NEID.

Section 3 of the bill, C.R.S. § 32-20-106, does three things. First, it repeals the authority of the NEID to reduce the amount of any special assessment with the consent of the owner of the property where the special assessment is levied. Second, it clarifies that delinquent special assessment installments incur interest charges at the same rate as delinquent property taxes. Third, it requires the county treasurer to distribute NEID special assessments to the NEID in the same manner, less the collection fee, as property taxes are distributed.

Section 4, C.R.S. § 32-20-107, repeals an existing prohibition against county assessors that prohibited them from taking into account, when valuing real property, an increase in market value resulting from an energy or water improvement financed through the NEID program. Section 4 also repeals the existing authority for the NEID to initiate a civil action for foreclosure.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-169: Allowing Certain Persons Detained on Mental Health Holds to be Admitted to Law Enforcement Facilities

On March 21, 2016, Sen. Beth Martinez and Rep. Tracy Kraft-Tharp introduced SB 16-169Concerning Changes Related to the Seventy-Two-Hour Emergency Mental Health Procedure. The bill was assigned to the Senate Judiciary Committee, where it was amended and referred to the Senate Floor for Second Reading.  The bill was amended several times on Second Reading in the Senate, and it passed Third Reading with no further amendments. It has been introduced in the House and is assigned to the House Judiciary Committee.

The bill clarifies the difference between a designated facility, an emergency medical services facility, and a law enforcement facility as those terms are used in connection with the 72-hour emergency mental health procedure. Under C.R.S. § 27-65-102, a Designated Facility means a facility designated or approved by the executive director for seventy-two-hour treatment and evaluations of persons meeting the criteria provided in § 27-65-105. Emergency Medical Services Facility means a facility licensed pursuant to Part 1 of Article 3 of Title 25, that provides medical services. Finally, the bill defines Law Enforcement Facility to mean a secure jail, lockup, or other place used to confine persons charged with or convicted of crimes.

Under current law, a person who is being detained under a 72-hour emergency mental health procedure must be taken to a facility that was previously approved by the executive director of the Department of Human Services (“Designated Facility”). The bill looks to expand this and would allow individuals to be admitted to a law enforcement facility if there is no available space in a Designated Facility or an emergency medical facility and if certain conditions are met. These conditions include, but are not limited to, the person cannot be held longer than 24 hours in the law enforcement facility unless a court order is obtained granting a one-time extension that cannot exceed 72 additional hours.

Current law also allows for the facility where a person is being treated to hold the person for no longer than 72 hours from the time of admission, excluding Saturdays, Sundays, and holidays if treatment and evaluation is not available on those days. This bill would also exclude any time required for non-psychiatric medical screening or treatment from the 72-hour calculations.

Additionally, if, at any time during the 72-hour custody, a mental health or medical professional determines the person can be properly cared for without being detained, that person must be discharged as soon as possible.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-199: Amending Regulation of Programs of All-Inclusive Care for the Elderly

On April 22, 2016, Sens. Ray Scott & Pat Steadman and Reps. Brian DelGrosso & Joann Ginal introduced SB 16-199Concerning Programs of All-Inclusive Care for the Elderly. The bill was assigned to the Senate Health & Human Services Committee, where it was amended and referred to Appropriations. The bill was again amended in Appropriations and referred to the Senate floor for Second Reading. After being amended on Second Reading, the bill passed Third Reading with no amendments.

The bill makes a number changes with respect to the State Department’s interaction with and regulation of organizations and facilities providing a program of all-inclusive care for the elderly (“PACE”).

The bill requires that contracts between the Department of Health Care Policy and Financing (“Department”) and a PACE organization include the negotiated monthly capitated rate for services. The rate must be based upon a prospective monthly capitation payment to a PACE organization for a Medicaid participant enrolled in a PACE program that is less than what would otherwise have been paid under the state Medicaid plan if the participant were not enrolled in the PACE program.

The Department shall participate with Colorado PACE organizations to develop an actuarially sound upper payment limit methodology that complies with federal law, while addressing and employing information on the PACE population. The Department shall provide state long-term care options data, as well as relevant Medicare and Medicaid data, necessary for the computation of the upper payment limit. An actuary experienced in these methods shall assist with the computation. Until the upper payment limit methodology is developed and adopted in state board rules, the percentage of the upper payment limit used to calculate the monthly capitated rate shall not be less than the percentage negotiated for the 2016-2017 state fiscal year.

The bill creates the state PACE ombudsman (“ombudsman”) in the state long-term care ombudsman program. Each PACE program shall post at all PACE facilities a notice, prepared by the ombudsman, informing PACE participants of the existence of and contact information for the ombudsman. The ombudsman shall have immediate access to a PACE program or facility, and to PACE participants, for the purposes of carrying out the duties of the ombudsman.

The bill establishes the following duties of the ombudsman: (1) establish policies and procedures to identify, investigate, and resolve complaints made by or on behalf of a PACE participant related to any act or omission of any PACE organization; (2) provide training and technical assistance to PACE organizations and their employees; (3) establish procedures to analyze the development and implementation of federal, state, and local law and policies with respect to PACE services, programs, and facilities (and recommend changes to Colorado’s laws and policies); and (4) pursue administrative, legal, or other appropriate remedies on behalf of PACE participant.

The bill establishes a civil penalty for any person who takes any discriminatory, disciplinary, or retaliatory action against any PACE participant or any employee of a PACE organization for any communication with an ombudsman.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

SB 16-198: Extending Reporting Requirements to Workers’ Compensation Advisory and Ratings Organizations

On April 22, 2016, Sen. Chris Holbert and Rep. Tracy Kraft-Tharp introduced SB 16-198Concerning the Standards Applicable to Documents Used by Workers’ Compensation Insurance Carriers in Colorado. The bill was introduced into the Senate Business, Labor, & Technology Committee, where it was amended and referred to the Senate Committee of the Whole. The bill was again amended on Second Reading and passed Third Reading in the Senate with no further amendments. The bill was referred to the House, where it passed through unamended.

Under current law, every carrier providing workers’ compensation insurance is required to submit an annual report by July 1 of each year to the commissioner of insurance listing any policy forms, endorsements, riders, letters, notices, or other documents affecting an insurance policy or contract issued or delivered to any policyholder in Colorado. Insurance carriers are also required to submit to the commissioner of insurance a list of any new policy forms, endorsements, riders, letters, notices, or other documents at least 31 days before using said documents.

This bill imposes the aforementioned requirements upon advisory organizations and rating organizations. The bill also states if an advisory or rating organization certifies a form in compliance with the aforementioned requirements, a carrier who subsequently uses the form in its entirety is not required to list that form in its annual report or submit a certification for that form.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Long Appropriations Bill, SCFD Bill, and Many More Signed by Governor

On Wednesday, May 4, 2016, Governor Hickenlooper signed 24 bills into law. Many of the bills signed Wednesday addressed transfers of moneys and financing. Some of the other bills signed Wednesday include a bill addressing the location where competency evaluations should be completed, a bill enacting statutory changes recommended by the Child Support Commission, and a bill regarding transfers of property rights on death.

Additionally, on May 3, Governor Hickenlooper signed the Long Appropriations Bill for 2016-17, HB 16-1405, and on April 29, Governor Hickenlooper signed SB 16-016, which will allow the submission of a ballot question to voters regarding extending the funding for the Scientific and Cultural Facilities District for twelve more years. To date, the governor has signed 167 bills this legislative session. The bills signed by Governor Hickenlooper this past week are summarized here.

April 29, 2016

  • SB 16-016 – Concerning the Scientific and Cultural Facilities District, and, in Connection Therewith, Amending the Ballot Question Concerning the Extension of the District to be Submitted to the Voters and Modifying Statutory Provisions Concerning the Administration of the District, by Sens. Pat Steadman & Bill Cadman and Reps. Dickey Lee Hullinghorst & Polly Lawrence. The bill allows the SCFD to submit a ballot question to district voters at the 2016 or 2017 November election authorizing the extension of the tax for 12 years through June 30, 2030, and changes the SCFD funding formula.

May 2, 2016

  • HB 16-1405 – The 2016-17 Long Appropriations Bill, by Rep. Millie Hamner and Sen. Kent Lambert. The bill sets forth the budget for the 2016-17 fiscal year.

May 3, 2016

  • HB 16-1048 – Concerning Modifications to the Business Enterprise Program to be Administered by the Department of Labor and Employment Under its Authority to Administer Vocational Rehabilitation Programs, by Rep. Dianne Primavera and Sen. Kevin Lundberg. The bill establishes a working group in the Colorado Department of Labor and Employment to study ways to expand opportunities for Business Enterprise Program vendors.
  • HB 16-1158 – Concerning Continuation Under the Sunset Law of the Identity Theft and Financial Fraud Board, by Rep. Pete Lee and Sen. Chris Holbert. The bill extends the sunset of the Identity Theft and Financial Fraud Board until September 1, 2025.
  • HB 16-1159 – Concerning Continuation Under the Sunset Law of the Colorado Fraud Investigators Unit, by Rep. Pete Lee and Sen. Chris Holbert. The bill extends the sunset of the Colorado Fraud Investigators Unit until September 1, 2025.
  • HB 16-1165 – Concerning Statutory Changes Based on the Recommendations in the Report of the 2013-2015 Colorado Child Support Commission, by Reps. KC Becker & Lois Landgraf and Sen. Larry Crowder. The bill amends child support guidelines and related statutes based on the findings of the Colorado Child Support Commission, including allowing discovery of insurance claims, requiring an annual exchange of financial information between parents, changing the formula to determine gross income, limiting the period in which a party can seek retroactive child support, and more.
  • HB 16-1268 – Concerning District Attorney’s Representation in Certain Hearings Arising from Interstate Supervision Contracts, by Rep. Mike Foote and Sen. John Cooke. The bill clarifies that a district attorney must appear on behalf of the state and counties of his or her district in any probable cause hearing for a matter under the Interstate Compact for Adult Offender Supervision or the Interstate Compact for Juveniles.
  • HB 16-1298 – Concerning Changes in Permissible Vehicle Dimensions, by Rep. Jovan Melton and Sen. John Cooke. The bill changes the maximum permissible vehicle dimensions.
  • HB 16-1317 – Concerning Clarifying the Types of Transactions that May Be Included in a Motor Vehicle Service Contract, by Rep. Angela Williams and Sen. Chris Holbert. The bill authorizes certain services to be included in a motor vehicle service contract, including tire and windshield repair, key fob repair, and more.
  • HB 16-1379 – Concerning the Criteria Under Which the State Board of Psychologist Examiners May Award Professional Development Credit for Specific Activities Currently Included in the Continuing Professional Development Program for Licensed Psychologists, by Rep. Tracy Kraft-Tharp and Sen. Beth Martinez Humenik. The bill clarifies and amends portions of the continuing professional development program for licensed psychologists, including allowing credit hours for teaching or giving presentations; allowing credit hours for writing, editing, or reviewing psychology publications; and limiting the award of credit hours to review of peer review journal articles.
  • HB 16-1406 – Concerning Department of Corrections Reimbursement of Expenses of County Coroners, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires the Department of Corrections (DOC) to reimburse a county for reasonable and necessary costs related to investigations or autopsies for persons who were in the custody of the DOC at the time of their death. Costs may include transportation, refrigeration, and body bags.
  • HB 16-1407 – Concerning the Continuation of the Medicaid Payment Reform and Innovation Pilot Program, and, in Connection Therewith, Changing the Time Frames, Eliminating the Repeal Date of the Pilot Program, Enhancing the Reporting Requirements of the Department of Health Care Policy and Financing, and Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill removes the July 1, 2013, deadline for HCPF to review and select payment projects for inclusion in the Medicaid Payment Reform and Innovation Pilot Program, and removes the June 30, 2016, deadline by which payment projects must be completed.
  • HB 16-1408 – Concerning the Allocation of Cash Fund Revenues to Health-Related Programs, and, in Connection Therewith, Modifying and Streamlining the Allocation of Tobacco Litigation Settlement Moneys by Replacing the Current Two-Tier Allocation System that Includes Both Percentage-Based and Fixed Amount Allocations of Settlement Moneys with a Single Set of Exclusively Percentage-Based Allocations and Replacing Settlement Moneys Funding for Specified Programs with Marijuana Tax Cash Fund Funding; Allocating Additional Settlement Moneys to the University of Colorado Health Sciences Center for Cancer Research Only; Transferring a Specified Amount from the Children’s Basic Health Plan Trust to a Newly Created Primary Care Provider Sustainability Fund on July 1, 2016; and Making and Reducing Appropriations, by Rep. Bob Rankin and Sen. Pat Steadman. The bill establishes a new formula for the allocation of the annual payment received by the state as part of the Tobacco Master Settlement Agreement, allocating revenue by percentage shares, rather than the hybrid scheme of fixed dollar amounts and capped percentage shares in multiple tiers.
  • HB 16-1409 – Concerning the Transfer of Forty-Two Million Eight Hundred Thousand Dollars on June 30, 2016, from the Unclaimed Property Trust Fund for State Programs, by Rep. Bob Rankin and Sen. Pat Steadman. The bill transfers $42,800,000 out of the Unclaimed Property Trust Fund and places it in the General Fund and the Adult Dental Fund.
  • HB 16-1410 – Concerning Matters Related to the Location Where a Competency Evaluation is Conducted, and, in Connection Therewith, Making and Reducing Appropriations, by Rep. Dave Young and Sen. Kevin Grantham. The bill changes procedures around competency evaluations in criminal proceedings, including requiring the court to order the evaluation to take place on an outpatient basis or, if the defendant is in custody, at the place where the defendant is in custody.
  • HB 16-1411 – Concerning the Supportive Residential Community Program Operated at the Fort Lyon Property, and, in Connection Therewith, Requiring a Longitudinal Evaluation of the Program; and Making an Appropriation, by Rep. Bob Rankin and Sen. Pat Steadman. The bill repeals the supportive residential community for individuals who are homeless at the Fort Lyon property in Bent County, and requires a longitudinal study of the program prior to its repeal.
  • HB 16-1413 – Concerning the Financing of the Water Pollution Control Program, and, in Connection Therewith, Making an Appropriation, by Rep. Bob Rankin and Sen. Kevin Grantham. The bill repeals the Water Quality Control Fund and creates a separate cash fund for each of the six clean water sectors, which will receive the fees specific to its sector.
  • HB 16-1415 – Concerning the Manner in which the State Funds Driver and Vehicle Services by the Division of Motor Vehicles in the Department of Revenue, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sen. Pat Steadman. The bill changes the way the state funds driver and vehicle services in the DMV, by increasing the fees charged for services, allowing for funding through the Highway Users Tax Fund, eliminating the end of the year transfer of the excess reserve from the Licensing Services Cash Fund to the HUTF, and exempting the LCSF from the limit on cash reserves.
  • HB 16-1417 – Concerning Capital-Related Transfers of Moneys, by Rep. Millie Hamner and Sen. Kent Lambert. The bill makes three FY 2016-17 transfers to the Capital Construction Fund from several sources.
  • HB 16-1418 – Concerning a Transfer from the Marijuana Tax Cash Fund to the General Fund, by Rep. Bob Rankin and Sen. Pat Steadman. The bill transfers $26,277,661 from the Marijuana Tax Cash Fund (MTCF) to the General Fund.
  • HB 16-1419 – Concerning a Reduction in the Amount of the General Fund Reserve Required for the Fiscal Year 2015-16, by Rep. Millie Hamner and Sen. Kent Lambert. The bill reduces the FY 2015-16 statutory General Fund reserve from 6.5 percent to 5.6 percent.
  • SB 16-058 – Concerning the Regulation of Certain Foods, and, in Connection Therewith, Exempting Certain Food Producers from Licensure, Inspection, and Other Regulation, and Making an Appropriation, by Sen. Owen Hill and Rep. KC Becker. The bill modifies the “Colorado Cottage Foods Act,” which allows homemade food producers to sell certain food products directly to consumers, by eliminating the tiered system and the State Board of Health’s authority to make rules governing the production of tier two foods, which currently consist of pickled vegetables, and by expanding the type of foods that may be sold by producers under the Cottage Foods Act to include other nonpotentially hazardous foods and encouraging, rather than mandating, a producer to take a food safety course.
  • SB 16-126 – Concerning Parity of State-Chartered Banks with Federally Chartered Banks Regarding Frequency of Meeting, by Sen. Ellen Roberts and Reps. Alec Garnett & Dan Nordberg. Under current law, the board of directors for a state bank is required to meet monthly. This bill requires those meetings to be held at least quarterly unless the board specifies a different schedule.
  • SB 16-133 – Concerning the Transfer of Property Rights Upon the Death of a Person, and, in Connection Therewith, Clarifying Determination-of-Heirship Proceedings in Probate, by Sen. Jack Tate and Reps. Dan Pabon & Yeulin Willett. The bill changes procedures for affirming the death of a decedent with shared ownership of real property, and makes changes to probate law for determining heirs, devisees, and property interests. It changes the definition of “interested person” to include an owner by descent or succession and to exclude any person holding a non-ownership interest in a decedent’s property. The bill also enacts portions of the “Uniform Power of Appointment Act.”
  • SB 16-137 – Concerning a Clarification of the Authority of the Parks and Wildlife Commission to Enter Into an Agreement with a Private Landowner, by Sens. Mike Johnston & Jerry Sonnenberg and Rep. Timothy Dore. The bill clarifies that the preference program does not limit the Colorado Parks and Wildlife Commission from entering into an agreement with a private landowner for public hunting and fishing and including the issuance of a hunting license in that agreement.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

SB 16-197: Allowing Liquor-License Drugstores to Open Five Additional Stores on Same License

On April 22, 2016, Sen. Pat Steadman introduced SB 16-197Concerning the Retail Sale of Alcohol Beverages. The bill was assigned to the Senate Business, Labor, & Technology Committee.

The bill establishes a number of requirements with respect to the licensing of alcohol retailers, as well as establishing requirements for the distribution and sale of alcohol by licensed wholesalers, retailers, and their employees.

First, on or after January 1, 2017 and before January 1, 2027, a liquor-licensed drugstore (“LLD”) seeking to obtain an additional LLD license must apply to the state and local licensing authorities, as part of a single application, for a transfer of ownership of two retail liquor stores, a change of location, and a merger and conversion of the two retail liquor stores. A LLD licensee may make said application only if: (1) the LLD pays a minimum purchase price of $350,000 per retail liquor store to acquire ownership of the two licensed retail liquor stores; (2) the two retail liquor stores are located within the same local licensing authority jurisdiction as the premises for which the applicant is seeking a LLD license; and (3) the premises for which the LLD license is sought is not located within 2,500 feet of another licensed premises.

Further, in making its determination on the application, the local licensing authority may consider the reasonable requirements of the neighborhood. A local licensing authority may conduct a hearing on the application for transfer of ownership after notifying the applicant of the hearing at least 10 days before the hearing by posting – or directing the license applicant to post – a notice of the hearing in a conspicuous location on the licensed premises for a least 10 consecutive days before the hearing. A LLD applying for a license merger and conversion is ineligible for a temporary permit, and a local licensing authority shall not issue a temporary permit to a LLD that has acquired ownership of licensed retail stores in accordance with this section of the bill.  The state licensing authority shall establish fees for a transfer or ownership, change of location, and license merger and conversion not to exceed $1000.

Second, a LLD on or after January 1, 2017 shall have a least one permitted manager conduct the LLD’s purchase of alcohol from a licensed wholesaler. The state licensing authority may issue a manager’s permit to an individual who is employed by a LLD and who will be in actual control of the alcohol beverage operations, as long as the individual demonstrates that he or she: (1) has not been convicted of a crime involving the sale or distribution of alcohol within 8 years of submission of the application; (2) has not been convicted of a felony within 5 years of submission of the application; (3) is at least 21 years of age; (4) has not had a manager’s permit or similar permit revoked by the issuing authority within 3 years of submission of the application; and (5) is certified as a responsible alcohol vender. It is unlawful for an individual with a manager’s permit to be directly or indirectly interested in a licensed wholesaler, a licensed manufactured, or any business that has had its license revoked by the state issuing authority within 8 years of submission of the application for a manager’s permit. For each manager’s permit, an annual fee of $100 shall be paid in advance to the Department of Revenue. The state licensing authority shall also establish fees for applications for manager’s permits.

Third, an employee of a LLD who is involved in selling alcohol must obtain and maintain a certification as a responsible alcohol vender. An employee of a LLD who is under 21 years of age shall not have any contact with malt, vinous, and spirituous liquors (“liquors” or “liquor”) offered for sale. A LLD shall not store alcohol off the licensed premises. A LLD shall not comingle the liquors it offers with any other products, and the LLD shall shelve and display the liquors separately from other nonalcoholic beverages.

Fourth, a person licensed to sell malt, vinous, and spirituous liquors (“liquors” or “liquor”) shall: (1) not sell liquors at a price below the cost to purchase the liquors; (2) not allow consumers to purchase liquors at a self-checkout; (3) require purchasers of liquors to present a valid, government-issued identification verifying the purchaser is 21 years of age; and (4) not sell clothing or accessories imprinted with advertising, logos, slogans, trademarks, or messages related to alcoholic beverages. A person licensed on or after January 1, 2017, shall not purchase liquors from a wholesaler on credit, and shall effect payment upon delivery of the liquors.

Fifth, a licensed wholesaler: (1) shall make all deliveries of alcohol to LLD in compliance with the bill; (2) shall take orders for alcohol only from a permitted manager of a LLD; (3) may unload alcohol at a LLD’s loading dock at any time that the location is open to the public; (4) shall make available to all licensed retailers in the state all liquors and brands of alcohol sold by the wholesaler; and (5) may establish purchase requirements, unless the requirements have the effect of excluding a majority of licensed retailers from purchasing a brand of alcohol.

Seventh, in addition to selling liquors, a retail liquor store may sell, without limitation: nonalcoholic beverages; liquor-filled candy; snack food items; kegs and growlers; beer/wine/spirit-making kits and supplies; lemons, limes, cherries, olives, and other food items used in preparing or garnishing alcoholic beverages; clothing or accessories imprinted with advertising, logos, slogans, trademarks, or messages related to alcoholic beverages; lottery tickets; tobacco products; and other merchandise not related to the consumption of alcohol, but only if the annual gross revenues from the sale of such other merchandise does not exceed 20% of the store’s total annual gross revenues. A retail liquor store shall not sell retail marijuana.

Eighth, an owner, part owner, shareholder, or person directly or indirectly interested in a LLD may have an interest in (1) up to five additional LLD licenses if obtained on or after January 1, 2017 and before January 1, 2027, and (2) an unlimited number of additional LLD licenses if obtained on or after January 1, 2027. An owner, part owner, shareholder, or person directly or indirectly interested in a retail liquor store may have an interest in up to five additional retail liquor store licenses.

Tenth, it is unlawful for any licensed retailer: (1) to sell fermented malt beverages to any person between the hours of midnight and 8:00 AM (previously, midnight to 5:00 AM); (2) to employ a person who is at least 18 years of age but under 21 years of age to sell or dispense liquor, unless the employee is supervised by another person who is on the licensed premises and is at least 21 years of age; (3) if licensed as a tavern, retail liquor store, or LLD, to permit an employee who is under 21 years of age to sell liquor; or (4) if licensed as a LLD, to permit an employee who is under 21 years of age to have any contact with liquors offered for sale, or sold and removed from, the licensed premises of the LLD. It is not unlawful for a retail licensee or his or her employee to sell liquor to a consumer who is or reasonably appears to be over the age of 50 and who failed to present identification.

Lastly, the bill removes the requirement that a “fermented malt beverage” be no more than three and two-tenths percent alcohol by weight or four percent alcohol by volume. With respect to “malt liquors,” the bill replaces the requirement that the malt liquor contain no more than three and two-tenths percent alcohol by weight or four percent alcohol by volume with the requirement that the malt liquor contain “not less than one-half of one percent alcohol by volume.”

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.