May 23, 2018

Bills Signed Enacting “Living Organ Donor Support Act,” Increasing School District Access to Technology, and More

On Wednesday, May 16, 2018, Governor Hickenlooper signed three bills into law. To date, he has signed 229 bills and sent two to the Secretary of State without a signature. The bills signed Wednesday are summarized here.

  • SB 18-158 – “Concerning Measures to Increase School District Access to Interoperable Communication Technology to Improve School Safety, and, in Connection Therewith, Making an Appropriation,” by Sens. Don Coram & Leroy Garcia and Reps. Crisanta Duran & Marc Catlin. The bill creates the school access for emergency response grant program in the division of homeland security and emergency management in the Department of Public Safety . The purpose of the grant program is to provide funding for interoperable communication hardware, software, equipment maintenance, and training to allow for seamless communications between existing school communications systems and first responder communications systems. Grant recipients may use the money received through the grant program to deliver training programs to teach effective communications with first responders in an emergency, to implement an interoperable technology solution to provide or upgrade a system for effective communication with first responders in an emergency, to maintain, improve, or provide interoperable communications hardware or software, and for any necessary radio system capacity expansions where school loading has been determined to have a significant impact on public safety system loading.
  • SB 18-262 – “Concerning Targeted Funding for Public Institutions of Higher Education to Help Achieve the Colorado Commission on Higher Education Master Plan Goals, and, in Connection Therewith, Making an Appropriation,” by Sen. Bob Gardner and Reps. Crisanta Duran & Jeff Bridges. The bill makes appropriations to the Department of Higher Education for need-based grants, student stipends, fee-for-service contracts with institutions of higher education, local district college grants, and area technical colleges.
  • HB 18-1202 – “Concerning an Income Tax Credit for an Employer Related to an Employee’s Paid Leave of Absence for the Purpose of Making an Organ Donation, and, in Connection Therewith, Enacting the ‘Living Organ Donor Support Act,'” by Rep. Alec Garnett and Sen. Bob Gardner. Beginning January 1, 2020, an employer is allowed an income tax credit that is an amount equal to 35% of the employer’s expenses incurred in paying an employee during his or her leave of absence period, which is paid leave given to an employee for the purpose of making an organ donation, but which does not exceeding 10 working days or the hourly equivalent thereof; and for the cost of temporary replacement help, if any, during an employee’s leave of absence period. An employer shall not claim a tax credit related to a leave of absence period for an employee who the employer pays wages of $80,000 or more during the income tax year.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills to Keep Dextromethorphan Away from Kids and Extend Rule Review Signed

On Friday, May 11, 2018, Governor Hickenlooper signed two bills into law. To date, he has signed 225 bills into law and sent two to the Secretary of State without a signature. The bills signed Friday were HB 18-1253, “Concerning Implementation of Recommendations of the Committee on Legal Services in Connection with Legislative Review of Rules of State Agencies,” by Reps. Pete Lee & Leslie Herod and Sen. Bob Gardner, and HB 18-1307, “Concerning Restricting the Availability to Children of Products that Contain Dextromethorphan,” by Reps. Jonathan Singer & Pete Lee and Sens. Bob Gardner & John Cooke.

HB 18-1253 extends all state agency rules that were adopted or amended on or after November 1, 2016, and before November 1, 2017, with the exception of the rules specifically listed in the bill. HB 18-1307 criminalizes the selling of products containing dextromethorphan to people under 18 years of age, and requires proof of age unless the vendor reasonably believes the purchaser is over 25 years of age.

For a complete list of Governor Hickenlooper’s 2018 legislative actions, click here.

Bills Signed Changing Definition of “Similar Coverage” for Workers’ Compensation Coverage of Certain Commercial Vehicle Operators and More

On Friday, May 4, 2018, Governor Hickenlooper signed 12 bills into law. To date, he has signed 223 bills and sent two to the Secretary of State without a signature. The bills signed Friday include a bill changing procedures for recalls of directors of special districts, a bill changing the definition of “similar coverage” for workers’ compensation purposes for certain operators of commercial vehicles, and more. The bills signed Friday are summarized here.

  • SB 18-076 – “Concerning a Ban on Vote Trading,” by Sen. Kevin Lundberg and Rep. Jovan Melton. The bill makes it a misdemeanor criminal offense for a person to trade a vote or offer to trade a vote with another elector in this state or a person in another state in exchange for the other person’s vote for or against a particular candidate, ballot issue, or ballot question.
  • SB 18-143 – “Concerning Measures to Increase Revenue for the Parks and Wildlife Division, and, in Connection Therewith, Setting Certain Hunting, Fishing, Parks, and Recreation Fees,” by Sens. Steven Fenberg & Don Coram and Reps. Jeni James Arndt & James Wilson. The bill makes several changes to the statutes in the “Hunting, Fishing, and Parks for Future Generations Act.”
  • SB 18-178 – “Concerning the Definition of Similar Coverage for Workers’ Compensation for Certain Operators of Commercial Vehicles,” by Sen. Jim Smallwood and Rep. Tracy Kraft-Tharp. Current law requires independent operators of commercial vehicles to have workers’ compensation or a private insurance policy that provides similar coverage. The bill changes ‘private insurance policy’ to ‘occupational accident coverage insurance policy’ and specifies the requirements for when such a policy may be considered as providing similar coverage.
  • SB 18-207 – “Concerning Authority for the Department of Human Services to Retain Amounts from Certain Cash Funds for its Indirect Costs,” by Sen. Dominick Moreno and Rep. Bob Rankin. The bill authorizes the department of human services to retain money for its indirect costs, based on a federally approved cost allocation plan, from the older Coloradans cash fund and the nurse home visitor program fund.
  • HB 18-1040 – “Concerning Incentives for Provision of Sex Offender Services in the Department of Corrections,” by Rep. Adrienne Benavidez and Sen. Rhonda Fields. The bill requires the department of corrections to monitor the number of inmates who need sex offender treatment or services and the number who are not receiving such treatment or services, develop an incentive plan to contract for more mental health professionals to provide sex offender treatment or services in difficult-to-serve geographic areas, and report to the joint budget committee the number of inmates needing treatment or services, the number not receiving the treatment or services, and the impact of the incentive plan.
  • HB 18-1235 – “Concerning the Continuation of the Regulation of Custom Meat Processors, and, in Connection Therewith, Implementing the Recommendations of the 2017 Sunset Report of the Department of Regulatory Agencies,” by Reps. Chris Hansen & Hugh McKean and Sen. Ray Scott. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review and report on the ‘Custom Processing of Meat Animals Act.’
  • HB 18-1240 – “Concerning the Continuation of a Grant Program to Prevent Motor Vehicle Theft, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies,” by Reps. Jeff Bridges & Jon Becker and Sen. John Cooke. The bill continues the automobile theft prevention authority and the automobile theft prevention board until 2029.
  • HB 18-1265 – “Concerning the Continuation of the Stroke Advisory Board in Accordance with the Recommendation in the Department of Regulatory Agencies’ 2017 Sunset Report,” by Reps. Susan Lontine & Susan Beckman and Sen. Larry Crowder. The Bill implements the recommendation in the department of regulatory agencies’ sunset review of the stroke advisory board by continuing the board but imposes a 10-year sunset period rather than continuing the board indefinitely, as was recommended.
  • HB 18-1268 – “Concerning the Procedures to Recall a Director of a Special District,” by Rep. Matt Gray and Sen. Bob Gardner. The bill requires the court as defined for the special district to appoint a designated election official to oversee the recall election. The director and the director’s spouse or civil union partner cannot serve as the DEO. The bill requires that recall petitions must be approved as to form by the DEO before being circulated.
  • HB 18-1305 – “Concerning a Voluntary Contribution Designation Benefiting the Young Americans Center for Financial Education Fund that Appears on the State Individual Tax Return Forms,” by Reps. James Coleman & Patrick Neville and Sen. Tim Neville. The bill creates the Young Americans Center for Financial Education fund in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form for the 5 income tax years following the year that the executive director of the Department of Revenue certifies to the revisor of statutes that there is space on the form and the fund is next in the queue.
  • HB 18-1329 – “Concerning a Supplemental State Payment to Qualified Providers of Durable Medical Equipment who Experienced a Decrease in Reimbursement in the 2017-18 State Fiscal Year as a Result of the Implementation of the Federal ’21st Century Cures Act,’ and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sen. Dominick Moreno. The bill authorizes a supplemental payment of state-only money to qualified providers of durable medical equipment who experienced a decrease in reimbursement in the 2017-18 state fiscal year as a result of the implementation of the federal ’21st Century Cures Act.’
  • HB 18-1338 – “Concerning Transfers to Address the Reduction of Revenues in the Severance Tax Operational Fund,” by Rep. Bob Rankin and Sen. Kent Lambert. Under current law, money is transferred from the severance tax operational fund to certain cash funds to benefit programs that are commonly referred to as the tier 2 programs. On June 30, 2018, the bill requires the state treasurer to transfer money to the operational fund from specified cash funds to recoup money that was previously transferred in this fiscal year for tier 2 programs.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills Signed Changing Revenge Pornography Crimes, Amending Laws Related to Bicycles Approaching Intersections, and More

On Thurdsay, May 3, 2018, Governor Hickenlooper signed seven bills into law. To date, he has signed 211 bills and sent two to the Secretary of State without a signature. The bills signed Thursday include a bill changing the laws concerning revenge pornography crimes, a bill requiring state agencies to conduct analyses to determine which businesses are not complying with their rules, a bill permitting municipalities to adopt rules concerning bicycles approaching intersections, and more. The bills signed Thursday are summarized here.

  • SB 18-132 – “Concerning a Waiver of Federal Law to Permit Insurance Carriers to Offer Catastrophic Health Plans to Any Individual Residing in Colorado, and, in Connection Therewith, Making an Appropriation,” by Sen. Jim Smallwood and Rep. Chris Kennedy. The bill requires the commissioner of insurance to conduct an actuarial analysis to determine if the sale of catastrophic health plans to Colorado residents 30 years of age and older and not meeting a hardship requirement would result in a reduction in advanced premium tax credits received by Colorado residents or increase the average premiums of individual health plans.
  • SB 18-144 – “Concerning the Regulation of Bicycles Approaching Intersections,” by Sen. Andy Kerr and Reps. Yeulin Willett & Chris Hansen. The bill permits a municipality or county to adopt a local ordinance or resolution regulating the operation of bicycles approaching intersections with stop signs or illuminated red traffic control signals. Under a local regulation, a bicyclist approaching a stop sign must slow to a reasonable speed and, when safe to do so, may proceed through the intersection without stopping. A bicyclist approaching an illuminated red traffic control signal must stop at the intersection and, when safe to do so, may proceed through the intersection.
  • SB 18-177 – “Concerning Procedures when Certain Private Schools Cease Operations,” by Sens. Kevin Priola & Nancy Todd and Reps. Jeff Bridges & Lang Sias. Under existing law, private occupational schools and certain private degree-granting schools are required to provide a bond or other form of surety that is used to facilitate transfer or to provide tuition and fee reimbursement for students in the event that the school closes. When a private occupational school closes, that school’s records must be maintained by the private occupational school board in the Division of Private Occupational Schools. The bill allows the Department of Education to make a claim on a surety bond for reimbursement of actual administrative costs associated with a school closure.
  • HB 18-1193 – “Concerning the Advanced Placement Incentives Pilot Program, and, in Connection Therewith, Making an Appropriation,” by Reps. James Wilson & Barbara McLachlin and Sens. Ray Scott & Rachel Zenzinger. The bill extends the pilot program three years. It requires the Department of Education to report the number of students in the pilot program who enrolled in advanced placement courses during the prior school year and to collect disaggregated data from the advanced placement exam vendor to capture the performance of students who are participating in the pilot program on the end-of-course advanced placement exams.
  • HB 18-1250 – “Concerning an Analysis to Improve Compliance with Departmental Rules by Regulated Businesses,” by Reps. Tracy Kraft-Tharp & Lang Sias and Sen. Kevin Priola. The bill equires each state agency to conduct an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and what factors contribute to noncompliance by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department’s rules.
  • HB 18-1257 – “Concerning a Correction to House Bill 16-1316 by Reinserting the Word ‘Not,'” by Rep. Paul Rosenthal and Sen. John Cooke. House Bill 16-1316 amended the venue statute for transferring child welfare proceedings between counties and inadvertently struck the word ‘not’ in one sentence. Due to this error, courts are not allowed to transfer child welfare proceedings between counties after adjudication even though the intent of House Bill 16-1316 was to allow post-adjudication transfers. The bill reinserts the word ‘not’ to allow such transfers.
  • HB 18-1264 – “Concerning Measures to Clarify the Scope of Revenge Porn Criminal Offenses,” by Reps. Dominique Jackson & Terri Carver and Sens. John Cooke & Rhonda Fields. Currently, Colorado criminalizes posting nude images of another person for harassment purposes or for pecuniary gain. The bill adds images of sex acts that may not include nude images, removes the requirement that the defendant intend to inflict serious emotional distress removes as an exception to the crimes that the image relates to a newsworthy event, and clarifies that the images subject to the crimes may be disclosed by law enforcement personnel, human or social services personnel, prosecutors, and court personnel in the course of their normal business.

For a complete list of the governor’s 2018 legislative actions, click here.

Bills Signed Allowing Out-of-State Workers in Colorado Access to Workers’ Compensation Benefits, Allowing Dispensary Employees to Sample Marijuana, and More

On Monday, April 30, 2018, Governor Hickenlooper signed 21 bills into law and sent one bill to the Secretary of State without a signature. To date, he has signed 204 bills and sent two to the Secretary of State without signature. Some of the bills signed Monday include the Long Appropriations Bill, a bill providing access to workers’ compensation benefits for out-of-state workers temporarily in Colorado, a bill requiring fingerprint-based background checks for employees with access to federal tax information, and more. The bills signed on Monday are summarized here.

  • HB 18-1069 – “Concerning the Allowable Uses of Reclaimed Domestic Wastewater, and, in Connection Therewith, Allowing Reclaimed Domestic Wastewater to Be Used for Toilet Flushing and Making an Appropriation,” by Reps. Jeni James Arndt & Dan Thurlow and Sen. Don Coram. The bill codifies rules promulgated by the water quality control commission of the Colorado Department of Public Health and Environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water.
  • HB 18-1186 – “Concerning the Continuation of the Colorado Youth Advisory Council, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies and Making an Appropriation,” by Reps. James Wilson & Judy Reyhar and Sen. Vicki Marble. The bill implements the recommendation of the department of regulatory agencies to concerning the Colorado youth advisory council and extends the sunset date to September 1, 2023.
  • HB 18-1259 – “Concerning Providing Marijuana Samples to Employees for Business Purposes,” by Rep. Matt Gray and Sen. Vicki Marble. The bill permits a medical marijuana optional premises cultivation licensee, a medical marijuana-infused products manufacturing licensee, a retail marijuana cultivation facility licensee, and a retail marijuana products manufacturing licensee to provide samples to managers for quality control and product development purposes. The bill specifies limits on the amount that can be provided as a sample per batch.
  • HB 18-1284 – “Concerning the Cost of Prescription Drugs Purchased at a Pharmacy,” by Reps. Janet Buckner & James Wilson and Sens. Beth Martinez Humenik & John Kefalas. The bill enacts the ‘Patient Drug Costs Savings Act.’ The act prohibits a carrier that has a contract with a pharmacy or pharmacist, or a pharmacy benefit management firm acting on behalf of a carrier, from preventing a pharmacist from disclosing the cost of prescription drugs or requiring a pharmacy to collect a copay that exceeds the pharmacy’s costs.
  • HB 18-1308 – “Concerning an Exemption from the “Workers’ Compensation Act of Colorado” for Nonresident Employers whose Employees are Temporarily Working in Colorado,” by Reps. Tracy Kraft Tharp & Jon Becker and Sens. Owen Hill & Daniel Kagan. The bill establishes an exemption from the ‘Workers’ Compensation Act of Colorado’ for an out-of-state employer whose employees are working in Colorado on a temporary basis as long as the employer furnishes workers’ compensation coverage in the state in which the employee is regularly employed and the home state is contiguous to Colorado.
  • HB 18-1322 – “Concerning the Provision for Payment of the Expenses of the Executive, Legislative, and Judicial Departments of the State of Colorado, and of its Agencies and Institutions, For and During the Fiscal Year Beginning July 1, 2018, Except as Otherwise Noted,” by Rep. Millie Hamner and Sen. Kent Lambert. This is the Long Appropriations Bill, which budgets for various monies to be applied to different state agencies.
  • HB 18-1323 – “Concerning Transfers of Money to a Newly Created Office of State Planning and Budgeting Youth Pay for Success Initiatives Account within the Pay for Success Contracts Fund, and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sen. Dominick Moreno. The bill requires the state treasurer to transfer specified amounts from the general fund and the marijuana tax cash fund to a newly created Office of State Planning and Budgeting Youth Pay for Success Initiatives account within the pay for success contracts fund for state fiscal years 2018-19 through 2021-22.
  • HB 18-1324 – “Concerning the Continuation of the Governor’s Commission on Community Service, and, in Connection Therewith, Making an Appropriation,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill codifies the existing governor’s commission on community service, which was created through executive order.
  • HB 18-1325 – “Concerning Measures to Address Coverage Gaps in the Statewide Digital Trunked Radio System, and, in Connection Therewith, Making an Appropriation,” by Reps. Millie Hamner & Bob Rankin and Sen. Kent Lambert. The statewide digital trunked radio system (DTRS) provides interoperable radio communications that allow personnel from multiple agencies in different levels of government to rapidly share information and coordinate efforts in emergency situations. The General Assembly established the public safety communications trust fund for the acquisition and maintenance of public safety communications systems, including the DTRS.
  • HB 18-1326 – “Concerning Support for Persons Interested in Transitioning from an Institutional Setting, and, in Connection Therewith, Making and Reducing Appropriations,” by Rep. Dave Young and Sen. Kent Lambert. The bill directs the Department of Health Care Policy and Financing to provide community transition services and supports to persons who are in an institutional setting, who are eligible for Medicaid, and who desire to transition to a home- or community-based setting.
  • HB 18-1328 – “Concerning the Children’s Habilitation Residential Waiver Program, and, in Connection Therewith, Making and Reducing an Appropriation,” by Rep. Dave Young and Sens. Kent Lambert & Dominick Moreno. The bill directs the Department of Health Care Policy and Financing to initiate a stakeholder process for purposes of preparing and submitting a redesigned children’s habilitation residential program waiver for federal approval that allows for home- and community-based services for children with intellectual and developmental disabilities who have complex behavioral support needs.
  • HB 18-1331 – “Concerning Expanding the Use of Open Educational Resources at Public Institutions of Higher Education, and, in Connection Therewith, Creating the Colorado Open Educational Resources Council, Creating a Grant Program to Support the Creation and Use of Open Educational Resources, and Making an Appropriation,” by Reps. Dave Young & Bob Rankin and Sen. Kevin Lundberg. The bill creates the Colorado open educational resources council in the Department of Higher Education and assigns tasks to the new council.
  • HB 18-1332 – “Concerning Creation of a Grant Program to Support Collaborative Educator Preparation Initiatives to Address the Teacher Shortage in Colorado, and, in Connection Therewith, Making an Appropriation,” by Reps. Millie Hamner & Bob Rankin and Sen. Dominick Moreno. The bill creates in the Department of Higher Education the collaborative educator preparation grant program to support joint initiatives among educator preparation programs, alternative teacher programs, school districts, boards of cooperative services, and public schools for preparing and placing educators.
  • HB 18-1333 – “Concerning Part C Child Find Responsibilities of State Departments, and, in Connection Therewith, Making an Appropriation,” by Rep. Dave Young and Sen. Kent Lambert. The bill defines ‘early intervention evaluations’ as evaluations performed pursuant to part C child find. The bill requires the state Department of Human Services and the Department of Education to enter into an interagency agreement to study the administration of early intervention evaluations. The departments are required to enter into the agreement by October 1, 2018, and to report the results of the study performed pursuant to the agreement to the joint budget committee by June 30, 2019.
  • HB 18-1334 – “Concerning an Extension of the Transitional Jobs Program, and, in Connection Therewith, Making an Appropriation,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill extends the transitional jobs program for five more years.
  • HB 18-1336 – “Concerning the Repeal of the Local Government Retail Marijuana Impact Grant Program,” by Rep. Dave Young and Sen. Kent Lambert. On July 1, 2019, the bill repeals the local government retail marijuana impact grant program, under which the Department of Local Affairs awards grants to eligible local governments for documented marijuana impacts.
  • HB 18-1337 – “Concerning a Veterans One-stop Center in Grand Junction, and, in Connection Therewith, Making an Appropriation,” by Reps. Millie Hamner & Bob Rankin and Sen. Kent Lambert. The bill provides that on and after November 1, 2018, the Division of Veterans Affairs in the Department of Military and Veterans Affairs may operate a veterans one-stop center in Grand Junction for the purpose of providing a central and accessible location where veterans, service members, and their family members in the western portion of the state may have access to assistance and resources.
  • HB 18-1339 – “Concerning a Requirement for Fingerprint-Based Criminal History Record Checks for Individuals with Access to Federal Tax Information, and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sen. Kent Lambert. The bill requires fingerprint-based criminal history record checks for every applicant, contractor, employee, or other individual who has or may have access to federal tax information received from the federal government by a state agency in accordance with federal Internal Revenue Service Publication 1075.
  • SB 18-066 – “Concerning an Extension of the Operation of the State Lottery Division Beyond July 1, 2024,” by Sens. Jerry Sonnenberg & Leroy Garcia and Reps. Jeni James Arndt & Cole Wist. The bill extends the scheduled termination on July 1, 2024, of the state lottery division in the Department of Revenue to July 1, 2049.
  • SB 18-195 – “Concerning a Requirement that the Money in the Healthcare Affordability and Sustainability Fee Cash Fund be Appropriated Annually rather than Continuously Appropriated,” by Sen. Dominick Moreno and Rep. Bob Rankin. Current law specifies that money in the healthcare affordability and sustainability fee cash fund is continuously appropriated to the Colorado healthcare affordability and sustainability enterprise for specified healthcare related purposes. Beginning with state fiscal year 2018-19, the bill makes the expenditure of money from the fund by the enterprise subject to annual appropriation by the General Assembly.
  • SB 18-202 – “Concerning the Exemption of the Colorado Firefighting Air Corps Fund from the Maximum Reserve,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill exempts the Colorado firefighting air corps fund from the maximum reserve, which currently limits the year-end uncommitted reserves in the cash fund to 16.5% of the amount expended from the cash fund during the fiscal year.

Additionally, on Monday, the Governor sent one bill to the Secretary of State without a signature. That bill was HB 18-1093, “Concerning the Allowable Uses of Reclaimed Domestic Wastewater, and, in Connection Therewith, Allowing Reclaimed Domestic Wastewater to Be Used for Food Crops and Making an Appropriation,” by Rep. Jeni James Arndt and Sen. Don Coram. The bill codifies rules promulgated by the water quality control commissio of the Colorado Department of Public Health and Environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water.

For a complete list of Governor Hickenlooper’s 2018 legislative actions, click here.

Bills Signed Enacting Uniform Trust Code, Creating Civil Rape Shield Law, Helping Preserve Family Units with Parents with Disabilities, and More

On Wednesday, April 25, 2018, Governor Hickenlooper signed nine bills into law. On Thursday, April 26, 2018, he signed five bills into law. To date, he has signed 183 bills and sent one bill to the Secretary of State without a signature. The bills signed Wednesday and Thursday include a bill enacting the Colorado Uniform Trust Code, a bill enacting a civil rape shield statute, a bill amending family preservation safeguards for parents with disabilities, a bill requiring free-standing emergency rooms to post certain consumer notices, and more. The bills signed Wednesday and Thursday are summarized here.

  • SB 18-071 – “Concerning an Extension of the Repeal of the State Substance Abuse Trend and Response Task Force, and, in Connection Therewith, Making an Appropriation,” by Sens. Cheri Jahn & Larry Crowder and Rep. Daneya Esgar. The state substance abuse trend and response task force is scheduled to be repealed effective July 1, 2018. The bill extends the repeal for 10 years to September 1, 2028.
  • SB 18-146 – “Concerning a Requirement that a Freestanding Emergency Department Inform a Person who is Seeking Medical Treatment about the Health Care Options that are Available to the Person, and, in Connection Therewith, Making an Appropriation,” by Sens. John Kefalas & Jim Smallwood and Reps. Lang Sias & Jonathan Singer. The bill requires a freestanding emergency department (FSED), whether operated by a hospital at a separate, off-campus location or operating independently of a hospital system, to provide any individual that enters the FSED seeking treatment a written statement of patient information, which an FSED staff member or health care provider must explain orally.
  • SB 18-154 – “Concerning a Requirement for a Local Juvenile Services Planning Committee to Devise a Plan to Manage Dually Identified Crossover Youth,” by Sen. Rhonda Fields and Rep. Joseph Salazar. The bill requires local juvenile services planning committees to devise a plan to manage dually identified crossover youth. A dually identified crossover youth is a youth involved in both the juvenile justice system and the child welfare system. The plan must contain descriptions and processes.
  • SB 18-169 – “Concerning Offenses Against Witnesses in Noncriminal Proceedings,” by Sen. Bob Gardner and Rep. Terri Carver. The clarifies that the offenses of intimidating a witness or victim and retaliation against a witness or victim apply to witnesses in criminal, civil, and administrative proceedings.
  • SB 18-180 – “Concerning the Colorado Uniform Trust Code,” by Sen. Bob Gardner and Reps. Cole Wist & Matt Gray. The bill enacts the Colorado Uniform Trust Code and repeals many sections of the Colorado Probate Code.
  • SB 18-187 – “Concerning Transferring Marijuana Fibrous Waste for the Purpose of Producing Industrial Fiber Products,” by Sens. Vicki Marble & Jack Tate and Rep. Jeni James Arndt. The bill gives the state licensing authority rule-making authority to address conditions under which a medical or retail marijuana licensee is authorized to transfer marijuana fibrous waste to a person for the purpose of producing only industrial fiber products.
  • HB 18-1104 – “Concerning Family Preservation Safeguards for Parents with Disabilities,” by Rep. Jessie Danielson and Sens. Dominick Moreno & Kent Lambert. 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 in a domestic law proceeding, 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, 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.
  • HB 18-1132 – “Concerning the Amount that the Department of Corrections is Required to Reimburse a County or City and County for the Confinement and Maintenance in a Local Jail of any Person who is Sentenced to a Term of Imprisonment in a Correctional Facility,” by Rep. Dafna Michaelson Jenet and Sen. Larry Crowder. Under current law, the General Assembly establishes in its annual general appropriations bill the amount that the Department of Corrections is required to reimburse any county or city and county for a portion of the expenses and costs incurred by that county or city and county for the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility. The bill states that, to assist the General Assembly in determining such rate of reimbursement, each county and each city and county shall report to the joint budget committee the average cost of confining and maintaining persons in a local jail for more than 72 hours after each such person has been sentenced to the custody of the department.
  • HB 18-1147 – “Concerning the Continuation of the Regulation of People who Modify the Weather, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies,” by Reps. Joann Ginal & Kim Ransom and Sen. Don Coram. The bill continues the regulation of people who modify the weather.
  • HB 18-1211 – “Concerning Controlling Medicaid Fraud,” by Reps. Cole Wist & Mike Foote and Sens. Irene Aguilar & Jim Smallwood. The bill establishes the medicaid fraud control unit in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated.
  • HB 18-1237 – “Concerning the Continuation of the Requirements Regarding the Preparation of a Cost-Benefit Analysis as Administered by the Department of Regulatory Agencies, and, in Connection Therewith, Implementing the Recommendations Contained in the 2017 Sunset Report by the Department of Regulatory Agencies,” by Reps. Tracy Kraft-Tharp & Kevin Van Winkle and Sen. Tim Neville. The bill implements the recommendations of the Department of Regulatory Agencies’ sunset review and report on requirements and procedures regarding the preparation of a cost-benefit analysis.
  • HB 18-1243 – “Concerning Enactment of a Civil Rape Shield Law,” by Reps. Mike Foote & Cole Wist and Sens. Don Coram & Rhonda Fields. 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.
  • HB 18-1275 – “Concerning the Repeal of the Craig Hospital License Plate Donation Requirement,” by Rep. Jeff Bridges and Sen. Daniel Kagan. Current law requires an applicant to make a donation to Craig Hospital in order to be issued a special Craig Hospital license plate. The bill repeals the $20 donation requirement.
  • HB 18-1282 – “Concerning a Requirement that a Health Care Provider Include Certain Identifying Information on all Claims for Reimbursement for Health Care Services,” by Reps. Susan Lontine & Lang Sias and Sens. Jim Smallwood & John Kefalas. The bill requires an off-campus location of a hospital to apply for, obtain, and use on claims for reimbursement for health care services provided at the off-campus location a unique national provider identifier, commonly referred to as NPI. The off-campus location’s NPI must be used on all claims related to health care services provided at that location, regardless of whether the claim is filed through the hospital’s central billing or claims department or through a health care clearinghouse. It also requires all medicaid providers that are entities to obtain and use a unique NPI for each site at which they deliver services and for each provider type that the department of health care policy and financing has specified.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills Signed Modifying Public Trustee Foreclosure Process, Lowering Mandatory Parole for Certain Felonies, and More

On Monday, April 23, 2018, Governor Hickenlooper signed 20 bills into law. To date, he has signed 169 bills and sent one to the Secretary of State without a signature. Some of the bills signed Monday include a bill modifying the Public Trustee Foreclosure process, a bill lowering mandatory parole for certain felonies, a bill allowing discretionary parole of special needs offenders, and more. The bills signed Monday are summarized here.

  • HB 18-1008 – “Concerning the Financing of the Division of Parks and Wildlife’s Aquatic Nuisance Species Program, and, in Connection Therewith, Creating an Aquatic Nuisance Species Stamp for the Operation of Motorboats and Sailboats in Waters of the State, Increasing Penalties Related to the Introduction of Aquatic Nuisance Species into the Waters of the State, and Combining Two Separate Funds Related to the Aquatic Nuisance Species Program into One Fund,” by Reps. Daneya Esgar & Jeni James Arndt and Sens. Kerry Donovan & Don Coram. The bill updates a legislative declaration concerning aquatic nuisance species to encourage the federal government to dedicate sufficient funding and resources to the detection, prevention, control, and eradication of aquatic nuisance species for federally owned or managed aquatic resources and water infrastructure in Colorado.
  • HB 18-1025 – “Concerning the Nonsubstantive Relocation of Laws Related to the Regulation of Alcohol Beverages from Title 12, Colorado Revised Statutes, to a New Title 44 as Part of the Organizational Recodification of Title 12, and, in Connection Therewith, Making an Appropriation,” by Rep. Leslie Herod and Sens. John Cooke & Bob Gardner. The bill creates Title 44 and relocates laws related to the regulation of alcohol beverages to the new Title 44.
  • HB 18-1029 – “Concerning Lowering the Period of Mandatory Parole from Five Years to Three Years for Certain Felony Offenses,” by Rep. Mike Weissman and Sen. Kevin Lundberg. Under current law, the length of a mandatory parole sentence for a class 2 and 3 felony is 5 years. The bill lowers the length of mandatory parole for a class 2 felony if the offense is not a crime of violence and a class 3 felony to 3 years.
  • HB 18-1047 – “Concerning Technical Modifications to the ‘Fair Campaign Practices Act’ to Facilitate its Administration,” by Rep. Susan Lontine and Sen. Bob Gardner. The bill makes technical modifications to the “Fair Campaign Practices Act” (FCPA) to facilitate its administration.
  • HB 18-1065 – “Concerning Discipline of a Department of Human Services Employee when the Employee is Found to have Mistreated a Vulnerable Person,” by Reps. Susan Beckman & Janet Buckner and Sens. Kent Lambert. Current law specifies when an employee of the Department of Human Services will be suspended or dismissed after being charged with specified criminal offenses. However, the Department has encountered difficulty in suspending, dismissing, or otherwise disciplining employees through the administrative process when the employee was involved in an egregious incident of mistreatment of a vulnerable person but was not convicted of a criminal offense. The bill specifies that in considering a disciplinary action against an employee for engaging in mistreatment, abuse, neglect, or exploitation, against a vulnerable person, the appointing authority shall give weight to the safety of vulnerable persons over the interests of any other person.
  • HB 18-1098 – “Concerning the Expanded Ability of the Colorado Oil and Gas Conservation Commission to Finance the Remediation of Oil and Gas Locations,” by Reps. Lori Saine & Matt Gray and Sen. Vicki Marble. Under current practice, expenditures by the Colorado Oil and Gas Conservation Commission to address the mitigation of adverse environmental impacts of oil and gas operations are paid from the environmental response account of the oil and gas conservation and environmental response fund, and the year-end balance of the account transfers into the fund. The bill specifies that the year-end balance of the account remains in the account.
  • HB 18-1109 – “Concerning Discretionary Parole of Special Needs Offenders,” by Rep. Mike Weissman and Sen. John Cooke. The bill makes several changes to the process of determining parole for special needs offenders.
  • HB 18-1191 – “Concerning a Local Authority’s Ability to Alter Speed Limits Within the Local Authority’s Jurisdiction,” by Rep. Faith Winter and Sens. Beth Martinez Humenik & John Kefalas. Current law requires county and municipal authorities (authorities) to conduct a traffic investigation or survey before increasing or decreasing the speed limits within the authority’s jurisdiction. The bill allows the authority to also consider certain other factors.
  • HB 18-1227 – “Concerning the Authority of the Real Estate Commission to Issue Licenses for an Initial Period of Less than Three Years,” by Reps. Leslie Herod & Cole Wist and Sen. John Cooke. The bill authorizes the Real Estate Commission to issue licenses that expire on December 31 of the year of issuance.
  • HB 18-1242 – “Concerning the Salary Categorization of Locally Elected Officers in Specified Counties,” by Reps. KC Becker & Donald Valdez and Sens. Larry Crowder & Randy Baumgardner. Current law categorizes each county for purposes of establishing the salaries of elected county officials in the county. The statutory salary amounts are adjusted every 2 years for inflation and take effect for terms commencing after any change is made. The bill modifies the categories of 4 counties with the accompanying percentage increase in salary.
  • HB 18-1254 – “Concerning the Modification of the Foreclosure Process on Property that is Encumbered by a Deed of Trust,” by Rep. Kevin Van Winkle and Sen. Jim Smallwood. The bill makes several modifications to the public trustee foreclosure process, including eliminating the authority of the holder’s attorney to specify a newspaper for publication, allowing an amended combined notice to be omitted in certain circumstances, modifying the amounts of deposits required for fees and costs of the public trustee, and more.
  • HB 18-1327 – “Concerning the All-Payer Health Claims Database, and, in Connection Therewith, Making an Appropriation,” by Rep. Dave Young and Sen. Dominick Moreno. The bill authorizes the General Assembly to appropriate general fund money to the Department of Health Care Policy and Financing to pay for expenses related to the all-payer health claims database.
  • HB 18-1330 – “Concerning a Supplemental State Payment Relating to Certain Office-Administered Oncology-Related Drugs for Qualified Providers under the Medical Assistance Program who Experienced a Reduction in Reimbursement Payments in the 2017-18 State Fiscal Year as a Result of the Implementation of the Federal Final Rules for Covered Outpatient Drugs, and, in Connection Therewith, Making an Appropriation,” by Rep. Dave Young and Sen. Dominick Moreno. The bill authorizes a supplemental payment of state-only money to providers under the medicaid program of certain office-administered drugs relating to oncology who experienced a decrease in aggregate reimbursements in the 2017-18 fiscal year as a result of the implementation of the federal department of health and human services final rule for covered outpatient drugs, 81 FR 5169, published in the federal register on February 1, 2016.
  • SB 18-014 – “Concerning Requiring the Department of Corrections to Disclose the Location of Inmates who are Relocated to Facilities Outside of the State,” by Sens. Rhonda Fields & John Cooke and Reps. Cole Wist & Leslie Herod. The bill states that if the Department of Corrections relocates an inmate for incarceration or contracts with another state for the incarceration of an inmate in a penal institution in another state, then not later than 48 hours after such relocation, the Department shall notify the prosecuting attorney and any registered victim of crimes for which the inmate is serving his or her sentence of the name and location of the penal institution where the inmate is to be housed, with certain exceptions.
  • SB 18-026 – “Concerning Measures to Make Sex Offender Registration More Effective,” by Sen. Daniel Kagan and Reps. Pete Lee, Leslie Herod, and Yeulin Willett. The bill makes several changes to the sex offender registration process.
  • SB 18-055 – “Concerning the Crimes Against Children Surcharge in Cases Involving Trafficking of Children,” by Sen. Tim Neville and Reps. Kevin Van Winkle & Edie Hooten. 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.
  • SB 18-149 – “Concerning Records of the Board of Directors of the Denver Health and Hospital Authority,” by Sen. Bob Gardner and Reps. Matt Gray & Leslie Herod. The bill specifies that certain reports, statements, agreements, bonds, guidelines, manuals, handbooks, and accounts of the authority are public records. The bill also specifies that the content of an electronic medical record system and individual medical records or medical information are not public records.
  • SB 18-151 – “Concerning Department of Education Research to Develop Bullying Prevention Policies,” by Sens. Rhonda Fields & Kevin Priola and Reps. Janet Buckner & James Wilson. The bill requires the Department of Education to research approaches, policies, and practices in other states related to bullying prevention and education, and to develop a model bullying prevention and education policy after considering its research.
  • SB 18-174 – “Concerning Liability of Entities that Provide Services to Persons with Developmental Disabilities in Residential Settings,” by Sen. Bob Gardner and Rep. Lang Sias. The bill defines ‘case management agency’ and adds a case management agency to the definition of ‘provider’ that provides services and supports to persons with developmental disabilities. The bill requires providers and service agencies to operate pursuant to department of health care policy and financing rules.
  • SB 18-188 – “Concerning Agricultural Commodities, and, in Connection Therewith, Adding Millet to the Definition of an Agricultural Commodity and Allowing the Commissioner of Agriculture to Determine Marketing Order Public Announcement Requirements,” by Sen. Jerry Sonnenberg and Reps. Jeni James Arndt & Jon Becker. The bill adds millet to the definition of an agricultural commodity in the “Colorado Agricultural Marketing Act of 1939.” The bill removes the requirement that marketing order issuance, suspension, amendment, or termination be posted in the office of the commissioner of agriculture and published in a newspaper.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills Signed Requiring Commercial Drivers to Receive Training in Human Trafficking Prevention, Modifying Water Court Process for Substitute Water Rights, and More

On Thursday, April 12, 2018, Governor Hickenlooper signed 23 bills into law. To date, he has signed 149 bills and sent one to the Secretary of State without a signature. Some of the bills signed Thursday include a bill allowing a water court process for mitigation measures, a bill requiring commercial drivers to receive training on prevention of human trafficking, a bill authorizing insurers’ agents to access the electronic motor vehicle title database, and more. The bills signed Thursday are summarized here.

  • SB 18-011 – “Concerning Treatment of Students who are Excused by their Parents from Participating in State Assessments,” by Sens. Chris Holbert & Andy Kerr and Reps. Tracy Kraft-Tharp & Paul Lundeen. The bill clarifies procedures for parents who excuse their children from taking state assessments and students whose parents excuse them from testing shall still be allowed to receive rewards designed for students who complete the assessments.
  • SB 18-079 – “Concerning Classifying Sake as a Vinous Liquor for the Purposes of the ‘Colorado Liquor Code,'” by Sen. Lucia Guzman and Rep. Dan Pabon. The bill classifies sake as a vinous liquor (wine) for the purposes of the “Colorado Liquor Code.”
  • SB 18-087 – “Concerning In-state Tuition at Institutions of Higher Education for Certain Foreign Nationals Legally Settled in Colorado,” by Sen. Stephen Fenberg and Reps. Dafna Michaelson Jenet & Faith Winter. The bill contains a legislative declaration about the circumstances facing special immigrants and refugees and the benefit of access to education.
  • SB 18-106 – “Concerning Obsolete Statutory Provisions Related to a Local Government’s Pledging of Sales or Use Tax Revenues to Pay for Revenue Bonds Issued for the Purpose of Financing Capital Improvements,” by Sen. Jack Tate and Rep. Don Thurlow. Current law specifies that a county, city, or incorporated town may include the creation of a sales and use tax capital improvement fund (special fund) when the county, city, or incorporated town seeks voter approval to levy a sales or use tax. The creation of the special fund does not have a purpose for a county, city, or incorporated town post-TABOR because the question of using sales or use tax revenues for financing capital improvements is asked when the county, city, or incorporated town seeks voter approval for the bond issuance. Thus, the language regarding the creation of the fund is unnecessary.
  • SB 18-110 – “Concerning the Repeal of the Requirement that Each State Agency Annually Report the Amount of Federal Money it Received in the Prior Fiscal Year,” by Sen. Jack Tate and Rep. Jeni James Arndt. During the 2017 legislative session, the statutory revision committee put forth House Bill 17-1058, which, in part, repealed a requirement that the state controller submit to the general assembly a report of all federal money received by state agencies during the prior fiscal year. State agencies are still required to submit an annual report to the state controller of all federal moneys received by the state agency in the prior fiscal year for the state controller’s use in preparing the report for the general assembly.The bill repeals the state agency reporting requirement as the state controller is no longer required to prepare a report for the general assembly.
  • SB 18-127 – “Concerning the Repeal of the Department of Revenue’s Requirement to Publish an Historical Explanation of Income Tax Rate Modifications Enacted in the State on Every Income Tax Return Form,” by Sen. Beth Martinez Humenik and Rep. Dan Thurlow. The bill repeals the requirement that the Executive Director of the Department of Revenue publish an historical explanation of income tax rate modifications enacted in the state on every income tax return form.
  • SB 18-129 – “Concerning the Nonsubstantive Reorganization of the Law Exempting from State Sales Tax Certain Drugs and Medical and Therapeutic Devices,” by Sen. Dominick Moreno and Rep. Jeni James Arndt. The bill makes several modifications to the laws exempting certain drugs and medical devices from sales tax.
  • SB 18-136 – “Concerning Fees for Advising Clients About the Selection of an Individual Health Benefit Plan,” by Sen. Tim Neville and Reps. Tracy Kraft-Tharp & Lang Sias. The bill allows an insurance producer or broker advising a client on individual health benefit plans to charge the client a fee if the producer or broker does not receive a commission related to the individual health benefit plan selected by the client and if the producer or broker discloses in writing the fee to the client.
  • SB 18-161 – “Concerning Repeal of the Behavioral Health Transformation Council,” by Sen. Jim Smallwood and Reps. Tracy Kraft-Tharp & Lois Landgraf. The bill repeals the behavioral health transformation council.
  • SB 18-162 – “Concerning Substitute Child Care Providers,” by Sen. Beth Martinez Humenik and Reps. Janet Buckner & James Wilson. The bill creates a license within the Department of Human Services for a substitute placement agency that places or that facilitates or arranges placement of substitute child care providers in licensed child care facilities providing less than 24-hour care.
  • SB 18-170 – “Concerning a Water Court Process by Which an Owner of a Storage Water Right Allowing Water to be Stored in New Reservoir Capacity may Release Water into an Identified Stream Reach in a Manner that Protects the Water Releases while Complying with Mitigation Measures Identified in a Fish and Wildlife Mitigation Plan Approved by the Colorado Water Conservation Board,” by Sen. Jerry Sonnenberg and Reps. Chris Hansen & Hugh McKean. The bill establishes a water court process by which an owner of a water storage right allowing water to be stored in a newly constructed reservoir or an enlarged existing reservoir may comply with the mitigation measures identified in a mitigation plan by contracting with the board.
  • SB 18-172 – “Concerning Testing of Horse Racing Licensees for the Presence of Prohibited Substances,” by Sen. Bob Gardner and Rep. Pete Lee. The bill adds to the responsibilities of the Colorado racing commission the protection of all participants, human and animal, involved in horse racing.
  • SB 18-176 – “Concerning Changes to the Requirements for Meeting Dates for the Board of the Southwestern Water Conservation District,” by Sen. Don Coram and Reps. Barbara McLachlin & Marc Catlin. The bill requires the Board of the Southwestern Water Conservation District to meet once every three months and makes amendments to the terms of the board members and board president.
  • SB 18-182 – “Concerning the Authority to Allocate a Portion of the Source Market Fee to Statutorily Authorized Purse Funds,” by Sens. Don Coram & Lucia Guzman and Reps. Marc Catlin & Jeni James Arndt. Current law requires persons outside of Colorado who accept wagers from residents of Colorado on simulcast horse racing events to be licensed in Colorado and to pay a source market fee into the racing cash fund. The bill authorizes the Director of the Division of Racing Events to allocate a portion of the source market fee to be paid to any horse purse trust fund established pursuant to existing law, if necessary, to maintain a sustainable and competitive purse structure in Colorado.
  • SB 18-183 – “Concerning Authorizing Agents of Insurers to Access the Electronic System that Insurers Access for Owner and Lienholder Information of a Motor Vehicle,” by Sen. Jack Tate and Reps. Jeni James Arndt & Larry Liston. Current law authorizes the creation and maintenance of an electronic system that vehicle towers, insurers, and salvage pools may use to access motor vehicle title records if the vehicle is insured or possessed by those entities. The bill allows an agent of an insurer to use the system in the same circumstances.
  • SB 18-184 – “Concerning a New Permit for the Short-term Extraction of Construction Materials,” by Sen. Don Coram and Reps. Hugh McKean & Daneya Esgar. The bill creates a new class of limited impact construction materials permits for one-time activities that produce construction materials as a by-product and are not intended to be ongoing mining operations and authorizes an application fee of $400 for the permit and an annual fee of $200.
  • HB 18-1017 – “Concerning the Adoption of an Interstate Compact to Allow a Person Authorized to Practice Psychology in a Compact State in Which the Person is not Licensed, and, in Connection Therewith, Making an Appropriation,” by Rep. Dafna Michelson Jenet and Sens. Bon Gardner & Stephen Fenberg. The bill enacts the ‘Psychology Interjurisdictional Compact Act’ allowing psychologists licensed in any compact state to provide telepsychology services to clients in any other compact state, or temporary in-person client services in any compact state not exceeding 30 days in a calendar year.
  • HB 18-1018 – “Concerning a Requirement that Education to Prevent Human Trafficking be Included in the Training to Obtain a Commercial Driver’s License,” by Reps. Terri Carver & Dominique Jackson and Sens. Rachel Zenzinger & John Cooke. The bill requires that the training to obtain a commercial driver’s license to drive a combination vehicle contain education to prevent human trafficking if the training is conducted in a driving school. The department must also publish information about human trafficking for commercial driver’s license holders and trainees.
  • HB 18-1049 – “Concerning the Department of Human Services’ Authority to Continue to Lease Portions of the Grand Junction Regional Center Campus to Third-party Behavioral Health Providers,” by Rep. Dan Thurlow and Sen. Ray Scott. The Department of Human Services currently leases portions of the Grand Junction regional center campus to third-party behavioral health providers. The bill authorizes the Department to continue such leases until June 30, 2020, and each party to such lease may terminate the lease early provided that the terminating party provide the other party with 90 days notice before vacating the property or requiring the property to be vacated.
  • HB 18-1056 – “Concerning the Statewide Standard Health History Form that Members of the Fire and Police Pension Association Complete when Commencing Employment,” by Reps. Kevin Van Winkle & Dave Williams and Sen. John Cooke. Every member of the fire and police pension association (FPPA), at the commencement of employment, is required to complete a health history on a statewide standard health history form. The bill clarifies several aspects of the form.
  • HB 18-1078 – “Concerning Court Programs for Defendants who have Served in the Armed Forces,” by Reps. Lois Landgraf & Tony Exum and Sen. Bob Gardner. Under current law, the chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. The bill states that, in establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. The bill requires a court, in determining whether to issue an order to seal criminal records of a petitioner who has successfully completed a veterans treatment program, to consider such factor favorably in making the determination.
  • HB 18-1154 – “Concerning Consumer Protections Relating to a Solicitation to Provide a Copy of a Public Record for a Fee,” by Reps. Edie Hooten & Kevin Van Winkle and Sen. Cheri Jahn. The bill requires a person who solicits a fee for providing a copy of a deed or deed of trust to give a copy of the document that will be used for the solicitation to each county clerk and recorder where the solicitation is to be distributed; not charge a fee of more than 4 times the amount charged by the county clerk and recorder; and include specified disclosures.
  • HB 18-1239 – “Concerning Continuation under the Sunset Law of the Environmental Management System Permit Program, and, in Connection Therewith, Implementing the Recommendations of the Sunset Report by the Department of Regulatory Agencies by Allowing the Program to Repeal,” by Rep. Lois Landgraf and Sen. Ray Scott. The bill implements the recommendations of the sunset review and report on the environmental management system permit program by allowing the program to repeal.

For a complete list of Governor Hickenlooper’s 2018 legislative decisions, click here.

Bills Signed Regarding Ground Water Commission Approval of Aquifer Storage and Recovery Plans, Repealing Procedures to Fill Municipal Vacancies, and More

On Monday, April 9, 2018, Governor Hickenlooper signed 12 bills into law. To date, he has signed 126 bills into law and sent one to the Secretary of State without a signature. The bills signed Monday include a bill to increase transparency in higher education statutes concerning military service, a bill repealing procedures to fill vacancies in candidate nominations for municipal elections, a bill allowing the Colorado Oil and Gas Commission to roll-over its year-end balances in order to facilitate financing, and more. The bills signed Monday are summarized here.

  • SB 18-107 – “Concerning the Repeal of Procedures to Fill Vacancies in Candidate Nominations for Elections Conducted under the ‘Colorado Municipal Code of 1965,'” by Sen. Rachel Zenzinger and Rep. Dan Thurlow. The bill repeals the process by which a vacancy in nomination may be filled for an election conducted under the ‘Colorado Municipal Code of 1965’ and makes conforming amendments.
  • HB 18-1098 – “Concerning the Expanded Ability of the Colorado Oil and Gas Conservation Commission to Finance the Remediation of Oil and Gas Locations,” by Reps. Lori Saine & Matt Gray and Sen. Vicki Marble. Under current practice, expenditures by the Colorado oil and gas conservation commission to address the mitigation of adverse environmental impacts of oil and gas operations are paid from the environmental response account of the oil and gas conservation and environmental response fund, and the year-end balance of the account transfers into the fund. The bill specifies that the year-end balance of the account remains in the account.
  • HB 18-1112 – “Concerning Covered Health Care Services Provided by a Pharmacist,” by Reps. Jon Becker & Daneya Esgar and Sen. Larry Crowder. The bill requires a health benefit plan to provide coverage for health care services provided by a pharmacist if the services are provided within a health professional shortage area and the health benefit plan provides coverage for the same services provided by a licensed physician or advanced practice nurse.
  • HB 18-1134 – “Concerning Eligibility of Kindergarten Students Funded through Early Childhood At-risk Enhancement Positions,” by Reps. Brittany Pettersen & James Wilson and Sens. Michael Merrifield & Beth Martinez Humenik. If a district chooses to use early childhood at-risk enhancement (ECARE) positions to enroll children in the district’s full-day kindergarten program, children using the ECARE positions must satisfy at least one of the eligibility requirements of the Colorado preschool program.
  • HB 18-1145 – “Concerning the Repeal of Laws Regulating Ballot Issue Petition Circulators that have been Permanently Enjoined from Enforcement,” by Rep. Edie Hooten and Sen. Dominick Moreno. The bill repeals laws ordered permanently enjoined from enforcement in Independence Inst. v. Gessler , 936 F. Supp. 2d 1256 (D. Colo. 2013).
  • HB 18-1148 – “Concerning the Prohibition Against a Carrier Requiring Step Therapy for Covered Persons with Stage Four Advanced Metastatic Cancer,” by Rep. Dafna Michaelson Jenet and Sen. Larry Crowder. The bill prohibits a carrier that issues a health benefit plan that covers treatment for stage four advanced metastatic cancer from requiring a cancer patient to undergo step therapy prior to receiving a drug approved by the United States food and drug administration if use of the approved drug is consistent with best practices for treatment of the cancer and as long as the drug is on the carrier’s prescription drug formulary.
  • HB 18-1172 – “Concerning Money Allocated from an Appropriation from the Marijuana Tax Cash Fund to a Designated Managed Service Organization to Implement its Community Action Plan,” by Rep. Dave Young and Sen. Kent Lambert. The bill amends the ‘Increasing Access to Effective Substance Use Disorder Services Act’ to clarify that a designated managed service organization (designated MSO) may use money allocated to it from the marijuana tax cash fund for expenditures for substance use disorder services and for any start-up costs or other expenses necessary to increase capacity to provide such services and may allow allocations to roll forward.
  • HB 18-1199 – “Concerning a Process for the Ground Water Commission to Use for Approving Aquifer Storage-and-Recovery Plans, and, in Connection Therewith, Requiring that the Ground Water Commission Promulgate Rules Governing its Implementation of the Process,” by Reps. Marc Catlin & Barbara McLaughlin and Sen. Don Coram. The bill authorizes a person to apply to the ground water commission (commission) for approval of an aquifer storage-and-recovery plan and requires the commission to promulgate rules governing the application process and the requirements that an aquifer storage-and-recovery plan must meet to be approved.
  • HB 18-1228 – “Concerning Increasing Transparency in Higher Education Statutes Relating to Military Service,” by Reps. Justin Everett & Dafna Michaelson Jenet and Sen. Leroy Garcia. The bill creates a new article 7.4 in title 23, Colorado Revised Statutes, with the article heading ‘Military Members, Veterans, and Dependents’, in order to locate physically within the same article, whenever practicable, higher education provisions relating to the military.
  • HB 18-1238 – “Concerning the Continuation of the Wildland-Urban Interface Training Advisory Board, and, in Connection Therewith, Implementing the Recommendations of the 2017 Sunset Report by the Department of Regulatory Agencies,” by Reps. Dominique Jackson & Marc Catlin and Sen. Vicki Marble. The bill implements the recommendation of the Department of Regulatory Agencies to sunset the wildland-urban interface training advisory board.
  • HB 18-1246 – “Concerning Updates to the “Colorado Nursery Act”, and, in Connection Therewith, Modernizing the Act and Protecting Agriculture from Pests, Diseases, and Noxious Weeds,” by Rep. Jessie Danielson and Sen. Don Coram. The bill updates the ‘Colorado Nursery Act’, last amended in 2009, to protect nursery stock.
  • HB 18-1293 – “Concerning Payment of Expenses of the Legislative Department,” by Reps. Crisanta Duran & Patrick Neville and Sens. Kevin Grantham & Lucia Guzman. The bill makes appropriations for matters related to the legislative department for the 2018-19 state fiscal year.

For a list of all of Governor Hickenlooper’s 2018 legislative decisions, click here.

Colorado Supreme Court: Only Privilege-Holder Can Waive Physician-Patient Privilege, and Only By Injecting Condition Into Case

The Colorado Supreme Court issued its opinion in Gadeco, LLC v. Grynberg on Monday, April 9, 2018.

Physician-Patient Privilege—Implied Waiver.

In this original proceeding, the supreme court considered whether the trial court abused its discretion when it found that defendant impliedly waived the physician-patient privilege as to his mental health records by asserting counterclaims for breach of contract, requesting specific performance, and denying the opposing parties’ allegations. The court affirmed its rule that only privilege holders—patients—can impliedly waive the physician-patient privilege, and they do so by injecting their physical or mental condition into the case as the basis of a claim or an affirmative defense. Correspondingly, an adverse party cannot place a patient’s mental condition at issue through its defenses, nor can a privilege holder do so by denying an adverse party’s allegations. Applying those rules, the court held that defendant did not waive the physician-patient privilege through his counterclaims or answer. The court concluded that the trial court abused its discretion by ordering defendant to produce his medical records for in camera review and made the rule to show cause absolute.

Summary provided courtesy of Colorado Lawyer.

Bills Signed Regarding Fiduciary Duties of Title Insurance Entities, Public Official Oaths and Affirmations, and More

On Thursday, March 29, 2018, the governor signed 17 bills into law. He also signed 16 bills into law on Monday, April 2, 2018. To date, Governor Hickenlooper has signed 114 bills this legislative session and sent one to the Secretary of State without a signature. The bills signed Thursday and Monday include a bill concerning the fiduciary duties of title insurance entities with regard to funds held for closing, a bill exempting physicians who treat patients with rare disorders from non-compete agreements, several bills updating outdated statutory language, bills regarding financing broadband for rural areas, a bill requiring reporting when title to a motor vehicle has been transferred, and more. The bills signed Thursday and Monday are summarized here.

  • HB 18-1012 – “Concerning Vision Care Plans for Eye Care Services,” by Reps. Jon Becker & Susan Lontine and Sens. Kevin Lundberg & Irene Aguilar. The bill prohibits a carrier or entity that offers a vision care plan from requiring an eye care provider with whom the carrier or entity contracts to provide services at a set fee, charge a person for noncovered services, or participate in a carrier’s other vision plan networks.
  • HB 18-1091 – “Concerning Dementia Diseases, and, in Connection Therewith, Updating Statutory References to Dementia Diseases and Related Disabilities,” by Reps. Susan Beckman & Joann Ginal and Sens. Jim Smallwood & Nancy Todd. The bill updates statutory references to Alzheimer’s and other dementia diseases and reflects that dementia diseases have related disabilities impacting memory and other cognitive abilities.
  • HB 18-1099 – “Concerning Criteria that the Broadband Deployment Board is Required to Develop with Regard to an Incumbent Telecommunications Provider’s Exercise of a Right to Implement a Broadband Deployment Project in an Unserved Area of the State Upon a Nonincumbent Provider’s Application to the Broadband Deployment Board to Implement a Proposed Broadband Deployment Project in the Unserved Area,” by Reps. Marc Catlin & Barbara McLaughlin and Sen. Don Coram. The bill requires that the Broadband Deployment Board’s criteria include requirements that an incumbent telecommunications provider exercising its right to implement a broadband deployment project for the unserved area agree to provide demonstrated downstream and upstream speeds equal to or faster than the speeds indicated in the applicant’s proposed project and at a cost per household that is equal to or less than the cost per household indicated in the applicant’s proposed project.
  • HB 18-1103 – “Concerning the Ability of a Local Government to Require a Driver to Meet Safety Standards for the Use of an Off-highway Vehicle,” by Rep. Barbara McLaughlin and Sen. Don Coram. The bill clarifies that a local government does not violate state rules if it imposes certain requirements on a driver of an off-highway vehicle.
  • HB 18-1130 – “Concerning Increasing the Availability of Qualified Personnel who are Licensed in Another State to Teach in Public Schools,” by Reps. Dave Williams & Jeni James Arndt and Sen. Bob Gardner. The bill changes requirements for special education teacher requirements from 3 years of continuous experience to 3 years of experience within the previous 7 years.
  • HB 18-1137 – “Concerning the Scheduled Repeal of Reports to the General Assembly, and, in Connection Therewith, Continuing the Requirements for Reports by the Department of Transportation and the Department of Public Safety,” by Rep. Hugh McKean and Sen. Rachel Zenzinger. The bill continues reporting requirements of the Departments of Transportation and Public Safety.
  • HB 18-1138 – “Concerning Standardizing Public Official Oaths of Office, and, in Connection Therewith, Providing a Uniform Oath Text and Establishing Requirements for Taking, Subscribing, Administering, and Filing Public Oaths of Office,” by Rep. Jeni James Arndt and Sen. Rachel Zenzinger. The bill establishes a single uniform text for swearing or affirming an oath of office and the requirements regarding how and when an oath or affirmation of office must be taken, subscribed, administered, and filed.
  • HB 18-1139 – “Concerning the Removal of Outdated Statutory References to Repealed Reporting Requirements that were Previously Imposed on the Parks and Wildlife Commission with Regard to its Rule-making Authority to Set Fees,” by Rep. Edie Hooten and Sen. Rachel Zenzinger. The bill removes obsolete references to a statutory subsection that was repealed on September 1, 2017.
  • HB 18-1158 – “Concerning a Supplemental Appropriation to the Department of Corrections,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill makes a supplemental appropriation to the Department of Corrections.
  • HB 18-1171 – “Concerning Adjustments in the Amount of Total Program Funding for Public Cchools for the 2017-18 Budget Year, and, in Connection Therewith, Making and Reducing an Appropriation,” by Rep. Millie Hamner and Sen. Kevin Lundberg. The bill adjusts the minimum amount of total program funding specified in statute to reflect this intent for the actual funded pupil count and the actual at-risk pupil count.
  • HB 18-1196 – “Concerning Authorization to Verify the Disability of an Applicant to the Aid to the Needy Disabled Program,” by Rep. Tony Exum and Sens. Nancy Todd & Beth Martinez Humenik. Under current law, in order to receive assistance under the aid to the needy disabled program, an applicant must be examined by a physician, physician assistant, advanced practice nurse, or registered nurse. The bill adds to the list of persons authorized to perform an examination a licensed psychologist, or any other licensed or certified health care personnel the department of human services deems appropriate.
  • HB 18-1233 – “Concerning a Consumer Reporting Agency’s Placement of a Security Freeze on the Consumer Report of a Consumer who is Under the Charge of a Representative at the Request of the Consumer’s Representative,” by Reps. Crisanta Duran & Polly Lawrence and Sens. Stephen Fenberg & Bob Gardner. The bill authorizes a parent or legal guardian (representative) to request that a consumer reporting agency place a security freeze on the consumer report of either a minor less than 16 years of age or another individual who is a ward of the representative (protected consumer).
  • SB 18-002 – “Concerning the Financing of Broadband Deployment,” by Sens. Don Coram & Jerry Sonnenberg and Reps. KC Becker & Crisanta Duran. The bill amends the definition of ‘broadband network’ to increase the speed of downstream broadband internet service from at least 4 megabits per second to at least 10 megabits per second and the definition of ‘unserved area’ to refer to an area that is unincorporated, or within a city with a population of fewer than 7,500 inhabitants, and that is not receiving federal support to construct a broadband network to serve a majority of the households in each census block in the area, and requires the PUC to allocate money.
  • SB 18-028 – “Concerning the Repeal of Certain Requirements for Where a License Plate is Mounted on a Motor Vehicle,” by Sen. Ray Scott and Rep. Jeff Bridges. Current law requires each license plate to be at the approximate center of a motor vehicle and at least 12 inches from the ground. The bill repeals this requirement for the front license plate and replaces it with a requirement that the front license plate be mounted horizontally on the front in the location designated by the manufacturer.
  • SB 18-073 – “Concerning Reporting to the Department of Revenue when Ownership of a Motor Vehicle has been Transferred,” by Sen. Jim Smallwood and Reps. Kim Ransom & Leslie Herod. The bill creates a voluntary program administered by the Department of Revenue that authorizes the owner of a motor vehicle to report a transfer of ownership of the motor vehicle. If the previous owner reports the transfer to the Department, the previous owner is not subject to liability for the misuse of the vehicle.
  • SB 18-074 – “Concerning Adding Individuals with Prader-Willi Syndrome to the List of Persons with Intellectual and Developmental Disabilities,” by Sen. Nancy Todd and Rep. Chris Hansen. The bill adds Prader-Willi syndrome to the list of persons who have mandatory eligibility for services and supports and also to the definition of an ‘intellectual and developmental disability’ for the purpose of receiving services and supports.
  • SB 18-082 – “Concerning a Physician’s Right to Provide Continuing Care to Patients with Rare Disorders Despite a Covenant Not to Compete,” by Sen. Rachel Zenzinger and Sen. Chris Kennedy. The bill exempts physicians who provide care to patients with rare diseases from non-compete agreements.
  • SB 18-090 – “Concerning ‘Rights of Married Women,'” by Sen. Rachel Zenzinger and Rep. Edie Hooten. The bill modernizes the language in statutory sections concerning the “rights of married women” to be inclusive of married men and women.
  • SB 18-095 – “Concerning the Removal of Statutory References to the Marital Status of Parents of a Child,” by Sens. Rachel Zenzinger & Beth Martinez Humenik and Reps. Edie Hooten & Hugh McKean. The bill removes or modernizes outdated statutory references to a ‘legitimate’ or ‘illegitimate’ child and a ‘child born out of wedlock’. Colorado only recognizes parentage of a child and acknowledges that the parent and child relationship extends equally to every child and every parent, regardless of the marital status of the parents.
  • SB 18-098 – “Concerning Amending a Statutory Provision Relating to Interest on Damages that was Ruled Unconstitutional by the Colorado Supreme Court,” by Sens. Jack Tate & Rachel Zenzinger and Reps. Edie Hooten & Dan Thurlow. The bill amends C.R.S. § 13-21-101 (1), concerning interest on damages, to reflect a 1996 decision made by the Colorado Supreme Court that ruled certain language in that subsection violated the equal protection clause of the constitution.
  • SB 18-099 – “Concerning the Alignment of Early Childhood Quality Improvement Programs with the Colorado Shines Quality Rating and Improvement System,” by Sens. Michael Merrifield & Kevin Priola and Reps. Brittany Pettersen & James Wilson. The bill amends the application and eligibility requirements for the school-readiness quality improvement program and the infant and toddler quality and availability grant program to align with the Colorado shines quality rating and improvement system to streamline the administration of the programs.
  • SB 18-102 – “Concerning the Requirement for an Odometer Reading when a Motor Vehicle’s Identification Number is Physically Verified,” by Sens. Jack Tate & Rachel Zenzinger and Reps. Edie Hooten & Dan Thurlow. The bill repeals the requirement that the odometer be read when a motor vehicle’s identification number is physically verified.
  • SB 18-104 – “Concerning a Requirement that the Broadband Deployment Board File a Petition with the Federal Communications Commission to Seek a Waiver from the Commission’s Rules Prohibiting a State Entity from Applying for Certain Federal Money Earmarked for Financing Broadband Deployment in Remote Areas of the Nation,” by Sen. Kerry Donovan and Reps. Yeulin Willett & Barbara McLaughlin. The bill requires the broadband deployment board, on or before January 1, 2019, to petition the federal communications commission (FCC) for a waiver from the FCC’s rules prohibiting a state entity from applying for federal money earmarked for broadband deployment in remote areas of the nation through the remote areas fund created as part of the connect America fund established by the FCC.
  • SB 18-111 – “Concerning the Removal of an Obsolete Date in the Law that Designates State Legal Holidays,” by Sen. Jack Tate and Rep. Jeni James Arndt. Current law specifies that if executive branch employees who are in the state personnel system are required to work on a state legal holiday, the employees shall receive an alternate day off or be paid in accordance with the state personnel system or state fiscal rules in effect on April 30, 1979. The state fiscal rules in effect in 1979 have been amended numerous times since that time and are no longer applicable or relevant. The bill removes the reference to April 30, 1979.
  • SB 18-121 – “Concerning Certain Expenses Allowed to a State Employee when the Employee is Required to Change his or her Place of Residence in Connection with a Change in Job Duties,” by Sen. Jack Tate and Rep. Jeni James Arndt. Current law allows an employee in the state personnel system his or her moving and relocation expenses if an appointing authority requires the employee to change his or her place of residence due to a change in job duties. The bill specifies that moving expenses, including the reasonable expenses of moving household goods and personal effects and the reasonable costs of traveling to a new residence, are reimbursable in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service.
  • SB 18-125 – “Concerning Fiduciary Responsibilities of Title Insurance Entities to Protect Funds held in Conjunction with Real Estate Closing Settlement Services,” by Sens. Bob Gardner & Daniel Kagan and Rep. Pete Lee. The bill requires title insurance entities and affiliates or subsidiaries to hold funds belonging to others in a fiduciary capacity. ‘Fiduciary funds’ means all funds received in conjunction with real estate closing and settlement services.
  • SB 18-131 – “Concerning Modifications to the “State Employees Group Benefits Act,” by Sen. Jack Tate and Rep. Edie Hooten. The bill modifies several provisions of the State Employees Group Benefits Act to bring it into compliance with current state and federal law and to eliminate obsolete provisions.
  • SB 18-134 – “Concerning the Exemption of Nonprofit Water Companies from Regulation by the Public Utilities Commission,” by Sen. John Cooke and Rep. Jeni James Arndt. Under current law, the public utilities commission is directed to grant simplified regulatory treatment to water companies that serve fewer than 1,500 customers. The bill expands on this concept by deregulating water companies that are registered as nonprofits, so long as their rates, charges, and terms and conditions of service are just and reasonable.
  • SB 18-135 – “Concerning Updates to the Colorado Code of Military Justice,” by Sen. Bob Gardner and Reps. Terri Carver & Pete Lee. The bill updates several parts of the Colorado Code of Military Justice.
  • SB 18-138 – “Concerning Authorization for Retail Sellers of Alcohol Beverages for On-premises Consumption to Sell Remaining Inventory to Another On-premises Retail Seller of Alcohol Beverages with whom there is Common Ownership when No Longer Licensed to Sell Alcohol Beverages for On-premises Consumption,” by Sens. Bob Gardner & Andy Kerr and Reps. Matt Gray & Larry Liston. The bill allows persons with certain retail licenses to purchase alcohol beverages from another retail licensee when there is common ownership between the licensees and the seller has surrendered its license within the last 60 days.
  • SB 18-160 – “Concerning the Authority to Operate Certain Teacher Development Programs, and, in Connection Therewith, Establishing Alternative Licensure Programs and Induction Programs,” by Sen. Kent Lambert and Rep. Millie Hamner. Under existing law, school districts are permitted to operate induction programs for teachers, special services providers, principals, and administrators, and alternative licensure programs for teachers and principals, who do not hold professional licenses. The bill clarifies that charter schools and the state charter school institute may operate such programs.
  • SB 18-165 – “Concerning Requirements for Public Administrators,” by Sens. Tim Neville & Nancy Todd and Reps. Faith Winter & Lori Saine. The bill The bill increases the amount of bond public administrators are required to maintain to $100,000 and clarifies additional requirements.
  • SB 18-173 – “Concerning the Ability of Certain Establishments Licensed to Sell Alcohol Beverages for On-premises Consumption that Serve Food to Allow a Customer to Remove One Opened Container of Partially Consumed Vinous Liquor from the Licensed Premises,” by Sen. Bob Gardner and Rep. Leslie Herod. Currently, certain liquor licensees may sell one opened container of partially consumed vinous liquor to a customer if the licensee has meals available for consumption on the licensed premises. The bill expands the requirement to include licensees that makes sandwiches and light snacks available for consumption on the premises.

For a list of all of Governor Hickenlooper’s 2018 legislative actions, click here.

Colorado Court of Appeals: Subpoena Issued for Lawfully Authorized Purpose Despite Having Arisen from Different Agency

The Colorado Court of Appeals issued its opinion in Colorado Medical Board v. Boland on Thursday, March 22, 2018.

Physician—Subpoena—State Administrative Procedure Act—Medical Practice Act—Colorado Department of Public Health and Environment—Open Meetings Law—Disciplinary Procedures.

Dr. Boland, a licensed Colorado physician, received a subpoena duces tecum from the Colorado Medical Board (Board) to produce certain medical records. A letter accompanying the subpoena explained that the Board had received information regarding Dr. Boland’s conduct as a physician and a possible violation of the Medical Practice Act. The letter also noted that the Board had received a complaint from the Colorado Department of Public Health and Environment (CDPHE) related to Dr. Boland’s medical marijuana recommendations. In response, Dr. Boland sent a written objection to the Board, arguing that CDPHE’s referral policy was invalidly adopted, and on that basis he refused to produce the records. The Board filed an application for an order enforcing the subpoena, which was granted by the district court. The district court concluded that even if the referral policy was invalid, only CDPHE could be enjoined from enforcing it.

On appeal, Dr. Boland argued that the trial court erred in enforcing an unlawful subpoena. He alleged that because CDPHE based its referral on a policy that was unlawfully adopted, the subpoena caused by the referral had no lawful purpose. Even assuming the policy was adopted in violation of the Open Meetings Law, CDPHE’s conduct does not determine whether the Board acted lawfully in issuing the subpoena. The Board has a statutory duty to investigate whether a licensed physician engages in unprofessional conduct and is vested with authority to conduct investigations and issue administrative subpoenas. Thus, the subpoena in this case was issued for a lawful purpose.

The judgment enforcing the subpoena was affirmed.

Summary provided courtesy of Colorado Lawyer.