April 29, 2017

Bills Delaying Accrual of Property Tax Abatement Refund Interest, Encouraging Mental Health Treatment for Peace Officers, and More Signed

On Monday, April 24, 2017, the governor signed eight bills into law. To date, the governor has signed 166 bills this legislative session. Some of the bills signed Monday include a bill delaying the accrual date of the property tax abatement refund interest, a bill expanding consumer options in fingerprint-based background checks, and a bill allowing campus liquor licenses for on-campus consumption of alcoholic beverages. The bills signed Monday are summarized here.

  • HB 17-1049“Concerning the Elimination of Refund Interest Related to a Property Tax Abatement,” by Reps. Dan Thurlow & Matt Gray and Sen. Don Coram. If property taxes are levied erroneously or illegally and a taxpayer has not protested the valuation within the time permitted by law, then the taxpayer has 2 years from the start of the property tax year to file a petition for abatement or refund with interest. The bill delays the start of the refund interest so that it accrues from the date a complete abatement petition is filed, with the exception of an abatement or refund for taxes paid as a result of omitted property being added to the assessment roll.
  • HB 17-1115“Concerning the Establishment of Direct Primary Health Care Agreements to Operate without Regulation by the Division of Insurance,” by Reps. Perry Buck & Joann Ginal and Sens. Jack Tate & John Kefalas. The bill establishes parameters under which a direct primary care agreement may be implemented. An agreement may be entered into between a direct primary health care provider and a patient for the payment of a periodic fee and for a specified period of time. The provider must be a licensed, registered, or certified individual or entity authorized to provide primary care services.
  • HB 17-1120“Concerning the Designation of a Campus Liquor Complex on the Campus of an Institution of Higher Education that is Licensed to Serve Alcohol Beverages for Consumption on the Licensed Premises to Allow the Institution to Obtain Permits to Serve Alcohol Beverages at Other Facilities Within its Campus Liquor Complex, and, in Connection Therewith, Making an Appropriation,” by Rep. Yeulin Willett and Sen. Don Coram. The bill allows a higher education institution that has a license to serve alcohol beverages for on-premises consumption to apply for designation as a campus liquor complex, thereby allowing the institution to designate multiple facilities on the campus as locations for serving alcohol beverages.
  • HB 17-1184“Concerning Developing Additional Resources for Modern Technology Education in Public Schools,” by Rep. Crisanta Duran and Sen. Kevin Grantham. The bill directs the State Board of Education, in the course of revising the academic standards, to incorporate into the standards for each subject skills relating to the use of information and communications technologies to find, evaluate, create, and communicate information.
  • HB 17-1215“Concerning Mental Health Support for Peace Officers,” by Rep. James Coleman and Sens. Daniel Kagan & Bob Gardner. The bill encourages each sheriff’s office and each municipal police department to adopt a policy whereby mental health professionals, to the extent practicable, provide on-scene response services to support officers’ handling of persons with mental health disorders, and counseling services to officers.
  • SB 17-108“Concerning Continuation of the Regulation of Speech-Language Pathologists by the Director of the Division of Professions and Occupations, and, in Connection Therewith, Implementing the Recommendations of the 2016 Sunset Report of the Department of Regulatory Agencies,” by Sen. Larry Crowder and Rep. Janet Buckner. The bill extends the automatic termination date of the “Speech-language Pathology Practice Act” to September 1, 2022.
  • SB 17-189“Concerning Elimination of the Requirement that a Law Enforcement Agency is the Only Entity Authorized to Take Fingerprints for Purposes of a Background Check,” by Sen. John Cooke and Rep. Mike Foote. The bill removes the statutory requirement that a law enforcement agency is the only authorized entity able to take fingerprints for background checks. If an approved third party takes the person’s fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved or federal bureau of investigation-approved livescan equipment.
  • SB 17-190“Concerning Prohibiting a Carrier from Setting Fees for a Dental Service that is Not Paid For by the Carrier,” by Sens. Dominick Moreno & Larry Crowder and Rep. Matt Gray. The bill prohibits a contract between a carrier and a dentist from requiring a dentist to provide services to a covered person at a fee set by, or subject to the approval of, the carrier unless the services are covered services under the person’s policy and the carrier provides payment for the service under the person’s policy in an amount that is reasonable and not nominal or de minimis.

For a complete list of the governor’s 2017 legislative decisions, click here.

Bills Limiting Evidence in Groundwater Appeals, Expanding Juvenile Court Jurisdiction, and More Signed

On Tuesday, April 18, 2017, Governor Hickenlooper signed 11 bills into law. To date, he has signed 158 bills this legislative session. The bills signed Tuesday include a bill limiting the evidence that may be submitted in appeals from groundwater decisions, a bill expanding the exception for possession of sexually exploitative material to prosecutors and others involved in investigations, a bill giving the juvenile court jurisdiction to decide parental responsibilities issues in juvenile issues, and more. The bills signed Tuesday are summarized here.

  • HB 17-1012“Concerning the Creation of a Pueblo Chile License Plate,” by Rep. Daneya Esgar and Sen. Leroy Garcia. The bill creates the Pueblo chile special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25.
  • HB 17-1110“Concerning Juvenile Court Jurisdiction Regarding Matters Related to Parental Responsibilities in a Juvenile Delinquency Case,” by Rep. Susan Beckman and Sen. Nancy Todd. The bill allows the juvenile court to take jurisdiction involving a juvenile in a juvenile delinquency case and subsequently enter orders addressing parental responsibilities and parenting time and child support in certain circumstances.
  • HB 17-1138“Concerning the Reporting of Hate Crimes by Law Enforcement Agencies,” by Rep. Joseph Salazar and Sen. Angela Williams. The bill requires the Department of Public Safety to include in its annual hearing information concerning reports submitted by law enforcement agencies about crimes committed in the state during the previous year, including but not limited to information concerning reports of bias-motivated crimes.
  • HB 17-1174“Concerning the Establishment of an Exception for Rural Counties from the Limitations on the Establishment of a Local Improvement District to Fund the Construction of a Telecommunications Service Improvement for Advanced Service,” by Rep. James Wilson and Sens. Lucia Guzman & Larry Crowder. The bill allows a rural county with a population of fewer than 50,000 inhabitants to establish a local improvement district to fund an advanced service improvement in an unserved area of the county.
  • HB 17-1193“Concerning the Installation of Small Wireless Service Infrastructure within a Local Government’s Jurisdiction, and, in Connection Therewith, Clarifying that an Expedited Permitting Process Applies to Small Cell Facilities and Small Cell Networks and that the Rights-of-Way Access Afforded Telecommunications Providers Extends to Broadband Providers and to Small Cell Facilities and Small Cell Networks,” by Reps. Tracy Kraft-Tharp & Jon Becker and Sens. Andy Kerr & Jack Tate. The bill clarifies that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks, and that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extend to broadband providers as well as small cell facilities and small cell networks.
  • SB 17-036“Concerning Groundwater,” by Sens. Don Coram & Ray Scott and Reps. Jon Becker & Jeni Arndt. The bill limits the evidence that a district court may consider, when reviewing a decision or action of the commission or state engineer on appeal, to the evidence presented to the commission or state engineer.
  • SB 17-068“Concerning Early Support for Student Success Through Access to School Counselors, and, in Connection Therewith, Serving All Grades Through the Behavioral Health Care Professional Matching Grant Program and the School Counselor Corps Grant Program,” by Sen. Nancy Todd and Rep. Jonathan Singer. The bill adds elementary schools to the list of public schools eligible to receive a grant through the behavioral health care professional matching grant program.
  • SB 17-088“Concerning the Criteria Used by a Health Insurer to Select Health Care Providers to Participate in the Insurer’s Network of Providers, and, in Connection Therewith, Making an Appropriation,” by Sens. Angela Williams & Chris Holbert and Reps. Kevin Van Winkle & Edie Hooten. The bill requires health insurers to develop and use standards for selecting participating providers for its network and tiering providers if the insurer carries a tiered network.
  • SB 17-112: “Concerning a Clarification of the Effect of Statutes of Limitations on the Dispute Resolution Process when a Taxpayer Owes Sales or Use Tax to One Local Government but has Erroneously Paid the Disputed Tax to Another Local Government,” by Sen. Tim Neville and Rep. Dan Pabon. The bill seeks to clarify the General Assembly’s intent when it enacted a dispute resolution process in 1985 to address a situation when a taxpayer paid a sales and use tax to one local government when it should have instead paid that disputed amount to a different local government.
  • SB 17-115“Concerning Possession of Sexually Exploitative Material by Persons Involved in Sexually Exploitative Material Cases,” by Sen. John Cooke and Reps. Mike Foote & Yeulin Willett. Under current law there is an exception to the crime of possession of sexually exploitative material for peace officers while in the performance of their duties. The bill expands the exception to a prosecutor, criminal investigator, crime analyst, or other individual who is employed by a law enforcement agency or district attorney’s office and performs or assists in investigative duties.
  • SB 17-137“Concerning the Continuation of the Colorado Health Service Corps Advisory Council,” by Sens. Nancy Todd & Michael Merrifield and Rep. Dominique Jackson. The bill continues the Colorado Health Service Corps Advisory Council indefinitely.

For a list of all of Governor Hickenlooper’s 2017 legislative decisions, click here.

Bills Regarding Notice of Medicaid Appeals, Special Respondents in Dependency and Neglect, and More Signed

On Thursday, April 6, 2o17, Governor Hickenlooper signed 15 bills into law. To date, the governor has signed 137 bills into law this legislative session. Some of the bills signed Thursday include a bill amending the definition of “special respondent” in the Colorado Children’s Code, a bill prohibiting a court from requiring a medical marijuana patient to abstain from marijuana use as a condition of bond, a bill codifying the presumption that a conveyance of land also includes the property interest in an adjacent vacated right-of-way, and a bill granting qualified immunity to persons performing land stewardship activities on public lands. These bills and the others signed Thursday are summarized here.

  • HB 17-1126: “Concerning the Review of Legal Sufficiency of Medicaid Appeals,” by Reps. Jessie Danielson & Dafna Michaelson Jenet and Sen. Larry Crowder. The bill requires an administrative law judge hearing Medicaid appeals to review the legal sufficiency of the notice of action from which the recipient is appealing at the commencement of the appeal hearing if the notice of action concerns the termination or reduction of an existing benefit, and to take appropriate action if the notice is insufficient.
  • HB 17-1173:“Concerning Medical Communications Regarding Disagreements in Health Care Decisions,” by Rep. Chris Hansen and Sen. Tim Neville. The bill requires a contract between a health insurance carrier and a health provider to include a provision that prohibits a carrier from taking an adverse action against the provider due to a provider’s disagreement with a carrier’s decision on the provision of health care services.
  • HB 17-1183: “Concerning the Repeal of the Condition Required to be Satisfied for a Provision of Law Governing the Disclosure of Communications with Mental Health Professionals to Take Effect,” by Rep. Mike Foote and Sen. Bob Gardner. The bill repeals the contingency provision contained in HB 16-1063 regarding the HIPAA privacy rule.
  • HB 17-1197: “Concerning the Exclusion of Marijuana from the Definition of ‘Farm Products’ with Regard to Regulation of Farm Products under the ‘Farm Products Act’,” by Rep. Joann Ginal and Sen. Don Coram. The bill excludes marijuana from the definition of ‘farm products’ requiring licensure under the Farm Products Act.
  • HB 17-1198“Concerning the Authority for a Special District to Increase the Number of Board Members from Five to Seven,” by Rep. Matt Gray and Sen. Bob Gardner. The bill allows a special district to increase the number of board members by adoption of a resolution by the board and the approval of the resolution by the board of county commissioners or the governing body of the municipality that approved the service plan of the special district.
  • SB 17-046: “Concerning the Modernization of Procedures Pertaining to Warrants and Checks not yet Presented to the State Treasurer for Payment,” by Sen. Jack Tate and Rep. Jeni Arndt. The bill modernizes current practices relating to warrants and checks not timely presented to the state treasurer for payment.
  • SB 17-065: “Concerning a Requirement that Health Care Providers Disclose the Charges they Impose for Common Health Care Services when Payment is made Directly Rather than by a Third Party,” by Sen. Kevin Lundberg and Rep. Susan Lontine. The bill creates the ‘Transparency in Health Care Prices Act’, which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide.
  • SB 17-097“Concerning the Presumption that a Conveyance of an Interest in Land Also Conveys an Interest in Adjoining Property Consisting of a Vacated Right-of-Way,” by Sen. Beth Martinez Humenik and Rep. James Coleman. The bill broadens the application of the presumption of conveyance of an adjoining vacated right-of-way to include not only warranty deeds but also all forms of deeds, leases, and mortgages and other liens.
  • SB 17-100: “Concerning Qualified Immunity for Persons Performing Land Stewardship Activities on Public Lands,” by Sen. Jerry Sonnenberg and Reps. Jeni Arndt & Lois Landgraf. The bill strengthens existing legal protections under the federal ‘Volunteer Protection Act of 1997’ and Colorado’s ‘Volunteer Service Act’ for individual volunteers and nonprofit entities who build or maintain recreational trails and related facilities pursuant to grants received under Colorado’s ‘Recreational Trails System Act of 1971’.
  • SB 17-142: “Concerning the Requirement to Include Notification to a Patient Regarding the Patient’s Breast Tissue Classification with the Required Mammography Report,” by Sen. Angela Williams and Rep. Jessie Danielson. The bill requires that each mammography report provided to a patient include information that identifies the patient’s breast tissue classification based on the breast imaging reporting and data system established by the American College of Radiology.
  • SB 17-144: “Concerning the Recommended Continuation of the Education Data Advisory Committee by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies,” by Sens. Owen Hill & Rachel Zenzinger and Rep. Brittany Pettersen. The bill implements the recommendation of the Department of Regulatory Agencies to continue the education data advisory committee.
  • SB 17-146“Concerning Access to the Electronic Prescription Drug Monitoring Program,” by Sen. Cheri Jahn and Rep. Joann Ginal. The bill modifies provisions relating to licensed health professionals’ access to the electronic prescription drug monitoring program.
  • SB 17-177: “Concerning Amending the Definition of ‘Special Respondent’ in the Children’s Code to Allow a Person to be Voluntarily Joined in a Dependency or Neglect Proceeding,” by Sen. John Cooke and Rep. Paul Rosenthal. The bill amends the Children’s Code definition of “special respondent” to allow a party to be voluntarily joined in a dependency or neglect proceeding.
  • SB 17-178“Concerning Prohibiting a Court from Requiring a Medical-Marijuana Patient to Abstain from the Use of Marijuana as a Condition of Bond,” by Sen. Vicki Marble and Rep. Jovan Melton. The bill prohibits a court from imposing as a bond condition a ban on marijuana use if the person possesses a valid medical marijuana registry identification card.
  • SB 17-230“Concerning Payment of Expenses of the Legislative Department,” by Sens. Lucia Guzman & Chris Holbert and Reps. Patrick Neville & KC Becker. The bill makes appropriations for matters related to the legislative department for the 2017-18 state fiscal year.

For a list of the governor’s 2017 legislative actions, click here.

Bills Correcting Statutory References, Changing Child Welfare Allocations, Implementing State Engineer’s Functions, and More Signed

On Friday, March 17, 2017, the governor signed 21 bills into law. To date, he has signed 63 bills this 2017 legislative session. The bills signed Friday include a bill to update statutory references to people with disabilities, a bill outlining the procedure to correct statutory references in administrative procedural rules, a bill redetermining the child welfare allocation formula, and a bill exempting steroids injected into nonhumans from controlled substances statutes. The bills signed Friday are summarized here.

  • HB 17-1006“Concerning the Authorization of a Process to Correct Statutory Citations Contained in Executive Branch Agency Rules Published in the Code of Colorado Regulations without the Requirement to Follow Rule-Making Procedures,” by Rep. Mike Foote and Sen. Daniel Kagan. The bill allows agencies to correct statutory citations in the code of Colorado regulations without notice, comment, or a hearing by submitting to the secretary of state a specific, written determination by the attorney general.
  • HB 17-1011“Concerning a Limitation on When Certain Disciplinary Actions may be Commenced Against a Mental Health Professional, and, in Connection Therewith, Requiring that a Mental Health Professional Provide Notice to Former Clients Regarding Record Retention and that All Complaints be Resolved by the Agency within Two Years after the Date the Complaint was Filed,” by Rep. Jovan Melton and Sen. Jack Tate. The bill requires that any complaint filed with the division of professions and occupations in the department of regulatory agencies against a mental health professional alleging a maintenance-of-records violation must be commenced within 7 years after the alleged act or failure to act giving rise to the complaint.
  • HB 17-1014“Concerning the Elimination of the Criminal Penalty Imposed Upon an Elector for Disclosing the Contents of the Elector’s Voted Ballot,” by Reps. Paul Rosenthal & Dave Williams and Sens. Kerry Donovan & Owen Hill. The bill deletes the ballot selfie prohibition in the Uniform Election Code provided certain conditions are met.
  • HB 17-1032“Concerning the Evidentiary Privilege for Communications Made During the Provision of Certain Peer Support Services,” by Rep. Jeni Arndt and Sen. John Cooke. The bill clarifies that privileged peer support communications need not be made during individual meetings in order to be confidential.
  • HB 17-1034“Concerning Licensing Changes to the Medical Marijuana Code to Conform with the Retail Marijuana Code,” by Rep. Dan Pabon and Sen. Randy Baumgardner. The bill creates a requirement for a medical marijuana business operator to be licensed, and allows a medical marijuana licensee to move his or her business anywhere in Colorado upon approval of the state and local jurisdiction. The bill also allows a medical marijuana licensee to remediate its product if it contains a foreign substance.
  • HB 17-1046“Concerning Updating Statutory References to Certain Limited Outdated Terms Relating to People with Disabilities,” by Rep. Steve Lebsock and Sen. Kerry Donovan. The bill updates certain limited terms in statute that refer to persons with intellectual and developmental disabilities or physical disabilities using insensitive or outdated terminology.
  • HB 17-1050“Concerning the Annual In-Service Training Required for a County Sheriff,” by Rep. Hugh McKean and Sen. Daniel Kagan. The bill specifies that each sheriff undergo at least the number of hours required for all certified peace officers by the peace officers standards and training board (POST board), but in no case less than 20 hours.
  • HB 17-1052“Concerning Factors to Take Into Consideration in Determining the Child Welfare Allocation Formula in a Given Fiscal Year,” by Rep. Susan Beckman and Sen. Jim Smallwood. The bill removes certain data-gathering factors currently required to be taken into consideration in determining a fiscal year’s child welfare allocation formula for counties and replaces those with a broader scope of factors that directly affect the population of children in need of child welfare services.
  • HB 17-1054“Concerning Partnerships Between Local Governments and Military Installations, and, in Connection Therewith, Identifying Shared-Service Opportunities to Reduce Costs and Increase Efficiencies,” by Reps. Terri Carver & Dan Nordberg and Sen. Nancy Todd. The bill directs the department of local affairs to support cooperative intergovernmental agreements between military installations and local governments to the extent possible.
  • HB 17-1055“Concerning a Voluntary Contribution Designation Benefiting the Urban Peak Housing and Support Services for Youth Experiencing Homelessness Fund that Appears on the State Individual Tax Return Forms,” by Rep. Leslie Herod and Sen. Bob Gardner. The bill creates the Urban Peak Housing and Support Services for Youth Experiencing Homelessness fund in the state treasury and adds a check-off to state tax returns for five years.
  • HB 17-1094“Concerning Modifications to the Requirements for Health Benefit Plans to Cover Health Care Services Delivered via Telehealth,” by Reps. Perry Buck & Donald Valdez and Sens. Kerry Donovan & Larry Crowder. The bill makes several changes to broaden the application of telehealth services.
  • HB 17-1105“Concerning Narrowing the Circumstances in Which Physical Inspection of a Vehicle is Required before Issuing Legal Documentation Identifying the Vehicle,” by Rep. Jon Becker and Sen. Randy Baumgardner. The bill specifies that the department of revenue may not require physical inspection of a vehicle, including a VIN inspection, to verify information about the vehicle before registering or titling the vehicle if certain requirements are met.
  • HB 17-1137“Concerning the Scheduled Repeal of Reports by the Department of Revenue to the General Assembly,” by Reps. Dan Thurlow & Edie Hooton and Sens. Dominick Moreno & Jack Tate. The bill amends reporting requirements of the Department of Revenue.
  • HB 17-1140“Concerning Permitted Uses of Fee-for-Service Contract Money by the Colorado School of Mines,” by Rep. Jessie Danielson and Sen. Tim Neville. In addition to tuition supports, the bill allows Colorado School of Mines to use state fee-for-service contract money to fund  other services and programs, including counseling, academic support, student recruiting, and precollegiate programs.
  • SB 17-026“Concerning Requirements Governing Implementation of the State Engineer’s Functions, and, in Connection Therewith, Restructuring the Fee that the State Engineer may Charge for Rating Certain Types of Water Infrastructure, Repealing Certain Requirements, and Updating Language in the Statutes Regarding the Division of Water Resources,” by Sen. Jerry Sonnenberg and Rep. Jeni Arndt. The bill makes several changes to the state engineer’s functions and fee requirements.
  • SB 17-030“Concerning the Exemption from the Schedules of Controlled Substances any Anabolic Steroid that is Administered through Injection into Nonhuman Species,” by Sen. Randy Baumgardner and Rep. Daneya Esgar. The bill exempts from the definition of ‘anabolic steroid’ human chorionic gonadotropin licensed for animal use only if it is expressly intended for administration through implants or injection into cattle or other nonhuman species.
  • SB 17-034“Concerning Extension of the Period Following the Declaration by the Governor of a Disaster Emergency in a County Within Which the Board of County Commissioners of the County may Transfer County General Fund Money to the County Road and Bridge Fund for the Purposes of Disaster Response and Recovery,” by Sens. Kevin Lundberg & Matt Jones and Reps. Hugh McKean & Mike Foote. The bill extends from 4 years to 8 years the period within which the board of county commissioners of the county may transfer general fund money to the road and bridge fund for disaster response and recovery.
  • SB 17-050“Concerning the Consolidation of Grant Programs Relating to Forest Management,” by Sen. John Cooke and Reps. Jeni Arndt & KC Becker. The bill transfers a forest management grant program from the Department of Natural Resources to the Forest Service, and realigns the funding for the new grant program and the healthy forest and vibrant communities fund.
  • SB 17-056“Concerning the Scheduled Repeal of Reports by the Department of Public Health and Environment to the General Assembly,” by Sen. Andy Kerr and Rep. Jeni Arndt. The bill addresses reporting requirements of the department of public health and environment.
  • SB 17-090“Concerning How to Measure the Level of Delta-9 Tetrahydrocannabinol in Industrial Hemp,” by Sen. Randy Baumgardner and Rep. Diane Mitsch Bush. The bill requires the commissioner of agriculture to determine the level of delta-9 tetrahydrocannabinol in industrial hemp by measuring the combined concentration of delta-9 tetrahydrocannabinol and its precursor, tetrahydrocannabinolic acid.
  • SB 17-127“Concerning an Expansion of the Exemption from the Requirements that Apply to a Mortgage Loan Originator to Include Up to Three Loans Per Year Without Compensation Between Family Members,” by Sen. Jack Tate and Rep. Dan Pabon. The bill expands the mortgage loan originator exemption to include up to 3 loans per year without compensation, other than interest, between family members, and directs the board of mortgage loan originators to define ‘family member’ by rule.

For a list of the governor’s legislative actions, please visit here.

Run, Walk, Roll — Support Disability Law Colorado at This Year’s Colfax Marathon

Doing good has never been so fun! Support Disability Law Colorado by running, walking, or rolling in the Colfax Marathon. There is a race for everyone — there is a family 5K on Saturday, May 20, 2017 (dogs are welcome!), and on Sunday there is a 10 miler, half-marathon, full marathon, and corporate marathon relay.

The marathon relay is a great way to connect with your coworkers while getting out in the beautiful Colorado sunshine. You even get a medal at the finish! Just find five people for your team and register at www.runcolfax.org. Make sure to select Disability Law Colorado as your charity partner.

If running doesn’t sound so fun, you can still support Disability Law Colorado by making a tax-deductible donation. Contact Julie Busby at (303) 862-3505 for more details.

Governor Hickenlooper Signs Bills Into Law

On Wednesday, March 1, 2017, Governor Hickenlooper signed the first bills of the 2017 Legislative Session into law. The governor signed 26 bills on March 1, many of which were supplemental appropriations bills. The governor also signed 16 bills on Wednesday, March 8, 2017. To date, he has signed 42 bills into law. All of these bills are summarized here.

  • HB 17-1005“Concerning Modernization of Various Laws Relating to the Office of the State Auditor,” by Rep. Jeni Arndt and Sen. Jack Tate. The bill updates various statutes pertaining to the office of the state auditor.
  • HB 17-1010“Concerning the Authority of the Colorado Dental Board to Promulgate Rules Based on Clarifications to Existing Laws that Relate to Collaborative Dental Agreements,” by Rep. Joann Ginal and Sen. Larry Crowder. The bill clarifies that the Colorado dental board may promulgate rules for the use of lasers for dental and dental hygiene purposes within the defined scopes of practice and with appropriate supervision.
  • HB 17-1016“Concerning the Ability of an Urban Renewal Authority to Exclude the Valuation Attributable to the Extraction of Mineral Resources Located Within an Urban Renewal Area from the Total Amount of Taxable Property Subject to Division for the Purpose of Financing Urban Renewal Projects,” by Reps. Lori Saine & Matt Gray and Sens. Rachel Zenzinger & Beth Martinez Humenik. The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects.
  • HB 17-1017“Concerning County Surveyors,” by Rep. Chris Kennedy and Sens. Cheri Jahn & Randy Baumgardner. The bill clarifies the specific duties of a county surveyor and provides that certain services may be provided at the surveyor’s discretion and when compensated by agreement between the surveyor and the board of county commissioners.
  • HB 17-1018“Concerning Extension of the Authorization for a Regional Transportation Authority to Seek Voter Approval for a Uniform Mill Levy on all Taxable Property within its Territory,” by Reps. Diane Mitsch Bush & Larry Liston and Sen. Bob Gardner. The bill extends authorization for a regional transportation authority to seek voter approval for a uniform mill levy of up to 5 mills on all taxable property within its territory until January 1, 2029.
  • HB 17-1019“Concerning the Amounts Collected by a County Treasurer upon Redemption of Specified Property Interests from a Tax Sale,” by Rep. Donald Valdez and Sen. Don Coram. The bill requires any third party computer software costs to be included in the redemption amount for tax liens on real property.
  • HB 17-1020“Concerning Treatment of Persons with Mental Illness in the Criminal and Juvenile Justice Systems,” by Rep. Jonathan Singer and Sen. Beth Martinez Humenik. The bill amends provisions in current statute to provide for ongoing staff support for the task force concerning treatment of persons with mental illness in the criminal and juvenile justice systems.
  • HB 17-1024“Concerning the Nonsubstantive Relocation of Laws Pertaining to the Commission on Family Medicine,” by Rep. Dan Thurlow and Sen. Dominick Moreno. The bill relocates laws pertaining to the commission on family medicine to Title 25.5, Colorado Revised Statutes, which pertains generally to the Department of Health Care Policy & Financing.
  • HB 17-1025“Concerning the Repeal of Obsolete Laws Relating to Reapportionment of State Legislative Districts,” by Rep. Jeni Arndt and Sen. Chris Holbert. The bill repeals obsolete laws related to drawing senate and house of representative districts, thereby removing 20,000 words from the Colorado Revised Statutes.
  • HB 17-1030“Concerning Updates to the 1921 Law Governing Irrigation Districts,” by Reps. Jeni Arndt & Jon Becker and Sen. Randy Baumgardner. The bill makes several amendments to the 1921 irrigation district laws.
  • HB 17-1047“Concerning the Scheduled Repeal of Reports by the Department of Local Affairs to the General Assembly,” by Rep. Dan Thurlow and Sen. Jack Tate. The bill addresses reporting requirements of the department of local affairs.
  • HB 17-1058“Concerning the Scheduled Repeal of Reports by the Department of Personnel to the General Assembly,” by Rep. Dan Thurlow and Sen. Andy Kerr. The bill addresses reporting requirements of the Department of Personnel and Administration and changes repeal dates.
  • HB 17-1060“Concerning the Scheduled Repeal of Reports by the Department of Health Care Policy and Financing to the General Assembly,” by Rep. Dan Thurlow and Sen. Jack Tate. The bill changes repeal dates and reporting requirements for certain Department of Health Care Policy and Financing actions.
  • HB 17-1067“Concerning Updating References to a National Standard Setting Forth Technical Criteria for Accessible Housing,” by Rep. Dan Thurlow and Sen. Andy Kerr. The bill updates references to a national standard for accessible housing criteria.
  • HB 17-1073“Concerning the Enactment of Colorado Revised Statutes 2016 as the Positive and Statutory Law of the State of Colorado,” by Rep. Mike Foote and Sen. Ray Scott. The bill enacts the 2016 Colorado Revised Statutes as the law of Colorado.
  • HB 17-1074“Concerning the Repeal of Obsolete Laws Relating to Redistricting of Congressional Districts,” by Rep. Jeni Arndt and Sen. Chris Holbert. The bill repeals a law relating to Colorado’s congressional districts that has been rendered obsolete by the redistricting premised on the 2010 federal census.
  • HB 17-1078“Concerning the Repeal of the Colorado Family Support Loan Program, and, in Connection Therewith, Transferring Funds from the Colorado Family Support Loan Program to the Family Support Services Program to Provide Services for Families of Persons with Intellectual and Developmental Disabilities,” by Rep. Lois Landgraf and Sen. Don Coram. The bill repeals the Colorado family support loan fund and transfers any money remaining in that fund to a new fund created in the family support services program.
  • HB 17-1128“Concerning the Salary Categorization of Locally Elected Officials in Lake County,” by Rep. Millie Hamner and Sen. Kerry Donovan. The bill changes the salary categorization for locally elected officials in Lake County.
  • HB 17-1131“Concerning Contracting by the Colorado Student Loan Program for the Administration of the College Opportunity Fund Program,” by Reps. Tracy Kraft-Tharp & Lori Saine and Sens. Kerry Donovan & Jim Smallwood. The bill permits the Colorado student loan program to enter into an agreement with the Department of Higher Education or another state entity to administer part or all of the college opportunity fund program.
  • SB 17-013“Concerning Authorization of the Board of Directors of the Fire and Police Pension Association to Develop a Multi-Employer Deferred Compensation Plan Document,” by Sen. Matt Jones and Reps. Kevin Van Winkle & Jessie Danielson. The bill authorizes the Board of Directors of the Fire and Police Pension Association to develop a multi-employer deferred compensation plan document to allow employers to join a multi-employer plan.
  • SB 17-018“Concerning a Correction to an Amending Clause in Senate Bill 16-146 Related to the Repeal of Part 14 of Article 4 of Title 25,” by Sen. Dominick Moreno and Rep. Jeni Arndt. The bill fixes an incorrect amending clause from Senate Bill 16-146, ‘Concerning Modernizing Statutes Related to Sexually Transmitted Infections’, that failed to repeal the entirety of part 14 of article 4 of title 25 prior to the repeal and relocation of sections in that part 14.
  • SB 17-020“Concerning the Establishment of a Uniform Approval Standard for Fire and Police Pension Association Statewide Plan Elections,” by Sen. John Cooke and Reps. Joann Ginal & Jovan Melton. The bill creates a uniform approval standard for modifications to FPPA pension plans by requiring that any modifications be approved by 65% of the members employed by the employer who vote in the election for the plan modification.
  • SB 17-044“Concerning the Scheduled Repeal of Reports by the Department of Regulatory Agencies to the General Assembly,” by Sen. Andy Kerr and Rep. Jeni Arndt. The bill makes several changes to the reporting requirements and repeal dates for the Department of Regulatory Agencies.
  • SB 17-052“Concerning Recommendations Related to Title 22 from the Department of Education to the Statutory Revision Committee,” by Sen. Andy Kerr and Rep. Dan Thurlow. The bill implements two recommendations related to Title 22 from the department of education to the statutory revision committee.
  • SB 17-058“Concerning the Authority of Certain Individuals to Purchase Alcohol Beverages for a Premises Licensed to Sell Alcohol Beverages for Consumption on the Licensed Premises,” by Sen. Randy Baumgardner and Rep. Jonathan Singer. The bill allows an employee or agent to purchase alcohol beverages on behalf of a hotel and restaurant licensee, tavern licensee, or lodging and entertainment facility licensee.
  • SB 17-159“Concerning a Supplemental Appropriation to the Department of Corrections,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Corrections.
  • SB 17-160“Concerning a Supplemental Appropriation to the Department of Education,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Education.
  • SB 17-161“Concerning a Supplemental Appropriation to the Offices of the Governor, Lieutenant Governor, and State Planning and Budgeting,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the offices of the Governor, Lieutenant Governor, and state planning and budgeting.
  • SB 17-162“Concerning a Supplemental Appropriation to the Department of Health Care Policy and Financing,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Health Care Policy and Financing.
  • SB 17-163“Concerning a Supplemental Appropriation to the Department of Human Services,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Human Services.
  • SB 17-164“Concerning a Supplemental Appropriation to the Judicial Department,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Judicial Department.
  • SB 17-166“Concerning a Supplemental Appropriation to the Department of Military and Veterans Affairs,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the to Department of Military and Veterans Affairs.
  • SB 17-167“Concerning a Supplemental Appropriation to the Department of Personnel,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Personnel.
  • SB 17-168“Concerning a Supplemental Appropriation to the Department of Public Safety,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Public Safety.
  • SB 17-169“Concerning a Supplemental Appropriation to the Department of Revenue,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Revenue.
  • SB 17-170“Concerning a Supplemental Appropriation to the Department of State,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of State.
  • SB 17-171“Concerning a Supplemental Appropriation to the Department of Transportation,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Transportation.
  • SB 17-172“Concerning Funding for Capital Construction, and Making Supplemental Appropriations in Connection Therewith,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes supplemental appropriations for capital construction projects.
  • SB 17-173“Concerning Adjustments in the Amount of Total Program Funding for Public Schools for the 2016-17 Budget Year, and, in Connection Therewith, Making an Appropriation,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill appropriates $3,950 cash funds from the state education fund to align the hold-harmless full-day kindergarten funding with the change in total program funding.
  • SB 17-174“Concerning the Allocation of Money by the Colorado Commission on Higher Education for Tuition Assistance for Members of the National Guard,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill removes statutory provisions relating to the limit on appropriations and the commission’s allocation of money for the tuition assistance program.
  • SB 17-175“Concerning the Transfer of Money Between State Self-Insurance Funds at the Request of the Executive Director of the Department of Personnel,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill authorizes the Executive Director of the Department of Personnel to request the state treasurer to transfer money from another state self-insurance fund’s reserve balance to a fund with a deficiency.
  • SB 17-176“Concerning Authorization to Use Money in the Colorado State Titling and Registration Account to Issue Devices that Confirm that a Person has Registered a Motor Vehicle, and, in Connection Therewith, Making an Appropriation,” by Sen. Dominick Moreno and Rep. Bob Rankin. The bill authorizes the use of money in the Colorado state titling and registration account to be appropriated to purchase and issue license plates, decals, and validating tabs.

For a list of the governor’s 2017 legislative actions, please click here.

Class Action Headaches: The Intersection of Mild Traumatic Brain Injury and Sports Concussion Litigation

Iron Mike Webster

“Iron Mike” Webster played for the Pittsburgh Steelers from 1974-1988 and the Kansas City Chiefs from 1989-1990, and played in 245 games during his career. He died at the age of 50 in 2002 from a heart attack. At his death, Iron Mike was suffering from dementia, self-mutilating, and living out of his pickup truck. A doctor named Bennet Omalu performed his autopsy, which showed chronic traumatic encephalopathy, or CTE. Dr. Omalu examined the remains of several other former NFL players who had similar symptoms to Iron Mike, including Terry Long, Andre Waters, and Justin Strzelczyk. He presented his findings to the NFL Commissioner, Roger Goodell, but was largely ignored until Chris Henry of the Cincinatti Bengals died in 2006 at age 26 due to CTE.

Will Smith and Alec Baldwin starred in a December 2015 movie, “Concussion,” which detailed Dr. Omalu’s findings and his struggle to be taken seriously by the NFL. In April 2015, a federal district court judge approved a class-action settlement of former NFL players for long-term neurological problems associated with repeated concussions. All eligible retired former NFL players will receive a baseline neuropsychological and neurological examination, and additional medical testing, counseling, or treatment if they are diagnosed with moderate cognitive impairment. The settlement also provides for monetary awards, conceivably into the millions of dollars, for diagnoses of certain neurocognitive diseases or impairments, such as ALS, Parkinson’s disease, Alzheimer’s disease, or certain levels of dementia. Fewer than 200 retired NFL players have opted out of the settlement.

Other sports organizations have filed class actions, as well. A number of former college athletes have filed suit against the NCAA, alleging long-term injuries from concussions experienced while playing NCAA sports. The U.S. Soccer Federation, U.S. Water Polo, the NHL, and the World Wrestling Federation have also been the subjects of concussion-related lawsuits. Many states, including Colorado, have passed measures intended to protect young athletes from second-impact syndrome, a rare and potentially fatal consequence of repeated concussions.

Reid Neureiter of Wheeler Trigg O’Donnell has researched concussion litigation extensively. On Thursday, March 9, from noon to 1 p.m., he will present “Concussions in the Courts,” a one-hour lunch program to highlight the continuing litigation between athletes and athletic organizations. Register by calling (303) 860-0608 or by clicking the links below.

 

CLELogo

CLE Program: Concussions in the Courts

This CLE presentation will occur on March 9, 2017, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 12 p.m. to 1 p.m. Register for the live program here or register for the webcast here. You may also call (303) 860-0608 to register.

Can’t make the live program? Order the homestudy here: MP3Video OnDemand.

HB 17-1139: Exposing Medicaid Providers to Civil Damages for Improper Billing

On February 1, 2017, Reps. Lois Landgraf & Dafna Michaelson Jenet and Sens. John Kefalas & Beth Martinez Humenik introduced HB 17-1139, “Concerning Improving Medicaid Client Protections Through Effective Enforcement of Medicaid Provider Requirements.”

The bill subjects a provider of medicaid services to a civil monetary penalty if the provider improperly bills or seeks collection from a medicaid recipient or the estate of a medicaid recipient.

In addition, the bill allows the department of health care policy and financing (department) to require a corrective action plan from any provider who fails to comply with rules, manuals, or bulletins issued by the department, the medical services board, or the department’s fiscal agent or from a provider whose activities endanger the health, safety, or welfare of a medicaid recipient. Based on good cause, the department may suspend the enrollment of a medicaid provider for a period of time set forth in the bill. The provider has the right to appeal the suspension administratively.

The bill was introduced in the House and assigned to the Public Health Care & Human Services Committee.

HB 17-1156: Prohibiting “Conversion Therapy” by Licensed Mental Health Care Providers

On February 6, 2017, Rep. Paul Rosenthal and Sen. Stephen Fenberg introduced HB 17-1156, “Concerning a Prohibition on Conversion Therapy by a Licensed Mental Health Care Provider.”

The bill prohibits a licensed physician specializing in psychiatry or a licensed or registered mental health care provider from engaging in conversion therapy with a patient under 18 years of age. A licensee who engages in these efforts is subject to disciplinary action by the appropriate licensing board. ‘Conversion therapy’ means efforts that seek to change an individual’s sexual orientation, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.

The bill was introduced in the House and assigned to the Public Health Care & Human Services Committee.

HB 17-1127: Exempting Feminine Hygiene Products from Sales Tax

On January 26, 2017, Rep. Susan Lontine and Sen. Beth Martinez Humenik introduced HB 17-1127, “Concerning a Sales Tax Exemption for Feminine Hygiene Products.”

The bill creates a state sales tax exemption, commencing January 1, 2018, for all sales, storage, and use of feminine hygiene products. The bill further specifies that local statutory taxing jurisdictions may choose to adopt the same exemption by express inclusion in their sales and use tax ordinance or resolution.

The bill was introduced in the House and assigned to the Finance and Appropriations committees. The bill is scheduled for hearing in the House Finance Committee on February 13, 2017, at 1:30 p.m.

SB 17-011: Creating a Study to Improve Transportation Access for People with Disabilities

On January 11, 2017, Sen. Kent Lambert and Rep. Polly Lawrence introduced SB 17-011, “Concerning the Creation of a Technical Demonstration Forum to Study Solutions to Improve Transportation Access for People with Disabilities.”

The bill creates a technical demonstration forum consisting of seven members to study and document how advanced technologies can improve transportation access for people with disabilities. The forum consists of the following agency officers or their designees:

  • The executive director of the department of labor and employment, who serves as chair of the forum;
  • The executive director of the department of health care policy and financing, who serves as vice-chair of the forum;
  • The director of the public utilities commission;
  • The chief information officer of the office of information technology;
  • The executive director of the department of human services;
  • The director of the division of veterans affairs; and
  • The superintendent of the Colorado school for the deaf and the blind.

To demonstrate the transportation access needs of people with disabilities in both urban and rural areas of the state, the forum is directed to study the transportation access needs of people with disabilities in El Paso and Teller counties and explore technological and transportation business solutions that could increase transportation access for people with disabilities in those areas. The forum may recommend that the executive director of the department of labor and employment enter into a contract with a technology developer or transportation business to conduct one or more pilot projects in El Paso County, Teller County, or both counties to demonstrate the efficacy of a certain technology or transportation business product to improve transportation access for people with disabilities.

On or before December 31, 2017, the forum is required to publish a report of its research and findings, including the results of any pilot projects and any legislative recommendations developed, and to furnish copies of the report to the governor, members of the general assembly’s majority and minority leadership, and the members of the joint budget committee.

The forum and its responsibilities are repealed, effective July 1, 2018.

The bill was introduced in the Senate and assigned to the Health & Human Services committee. It was scheduled for hearing in committee on January 26, 2017.

SB 17-057: Creating the Colorado Healthcare Affordability and Sustainability Enterprise

On January 13, 2017, Sen. Lucia Guzman introduced SB 17-057, “Concerning the Creation of an Enterprise that is Exempt from the Requirements of Section 20 of Article X of the State Constitution and Related Statutory Provisions to Administer a Fee-Based Healthcare Affordability and Sustainability Program for Hospitals.”

The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by:

  • Participating in a federal program that provides additional matching money to states;
  • Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to:
  • Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and
  • Increase publicly funded insurance reimbursement rates to hospitals; and
  • Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs.

The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law.

The enterprise is designated as an enterprise for purposes of the taxpayer’s bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to:

  • Charge and collect the fee from hospitals;
  • Leverage fee revenue collected to obtain federal matching money;
  • Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise;
  • Issue revenue bonds payable from its revenues;
  • Enter into agreements with HCPF as necessary to collect and expend fee revenue;
  • Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals; and
  • Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business.

The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017.

The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap.

The bill was introduced in the Senate and assigned to the Finance Committee.