February 20, 2017

HB 17-1148: Expanding Registration Requirements for Industrial Hemp Cultivators

On February 2, 2017, Rep. Jeni Arndt and Sen. John Cooke introduced HB 17-1148, “Concerning Applications for Registration to Cultivate Industrial Hemp.”

Current law requires persons who wish to cultivate industrial hemp to apply to the department of agriculture for a registration. The bill adds a requirement that applicants to cultivate industrial hemp for commercial purposes provide the names of each officer, director, member, partner, or owner of 10% or more in the entity applying for registration and any person managing or controlling the entity. Applicants for a registration may be denied registration for up to 3 years if any individual or entity listed in the application was previously subject to discipline, or the individual or entity was previously listed by an entity that was subject to discipline. When a registration is suspended, revoked, or relinquished, a new application for registration may be denied for up to 3 years after the effective date of discipline.

The bill was introduced in the House and assigned to the Agriculture, Livestock, & Natural Resources Committee. It is scheduled for hearing in committee on February 13, 2017, at 1:30 p.m.

SB 17-025: Establishing a Resource Materials Bank for Marijuana Education

On January 11, 2017, Sens. Randy Baumgardner & Chris Holbert and Rep. Jonathan Singer introduced SB 17-025, “Concerning the Development of Marijuana Education Materials.”

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill directs the department of education:

  • By July 1, 2017, to create and maintain a resource bank for public schools to use without charge that consists of materials and curricula pertaining to marijuana use; and
  • Upon request of a public school, to provide technical assistance in designing age-appropriate curricula on marijuana use.

The bill authorizes resource bank expenses to be paid from the marijuana tax cash fund.

The bill was introduced in the Senate and assigned to the Business, Labor, & Technology Committee.

 

SB 17-017: Allowing Use of Medical Marijuana for Stress Disorders

On January 11, 2017, Sen. Irene Aguilar and Rep. Jonathan Singer introduced SB 17-017, “Concerning Adding Stress Disorders to the List of Debilitating Medical Conditions for the Purposes of the Use of Medical Marijuana.”

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado.

The bill adds acute stress disorder and post-traumatic stress disorder to the list of debilitating medical conditions for the purposes of the use of medical marijuana.

The bill was introduced in the Senate and assigned to the State, Veterans, & Military Affairs Committee. It is scheduled for hearing on January 30, 2017, at 1:30 p.m.

Colorado Supreme Court: Controlled Substances Act Preempts State Medical Marijuana Redistribution Law

The Colorado Supreme Court issued its opinion in People v. Crouse on Monday, January 23, 2017.

Robert Crouse was arrested by the Colorado Springs Police Department for cultivating and possessing marijuana with the intent to manufacture. He was charged with one felony count of cultivation of more than thirty marijuana plants and one felony count of possession of between five and one hundred pounds of marijuana with intent to distribute. At trial, Crouse asserted that he was a registered medical marijuana patient, and that state law authorized his cultivation and possession of medical marijuana. The jury acquitted him of both charges.

After trial, Crouse requested that the court order the police to return the marijuana plants and marijuana pursuant to article XVIII, § 14(2)(e) of the Colorado Constitution, which provides that “marijuana and paraphernalia seized by state or local law enforcement officials from a patient . . . in connection with the claimed medical use of marijuana shall be returned immediately upon . . . the dismissal of charges, or acquittal.” The People opposed the motion, arguing the provision conflicts with the federal Controlled Substances Act (CSA) and is therefore preempted. The district court ruled in Crouse’s favor and ordered the return of the property.

The People appealed, and the Colorado Court of Appeals affirmed the district court in a split opinion. The court of appeals ruled that returning Crouse’s property would not violate the CSA because the statute expressly provides immunity for officers lawfully engaged in the enforcement of any law relating to controlled substances. The Colorado Supreme Court granted certiorari.

On appeal, the supreme court found that the return provision necessarily required officers to violate the CSA, and therefore it “positively conflicts” with federal law. The supreme court dismissed the court of appeals’ reasoning that the officers were exempted by the language in 21 U.S.C. § 885(d) only if they were “lawfully engaged” in the practice of law enforcement. The court reasoned that because distribution of marijuana is unlawful under the CSA, the exemption would not apply. The court relied on its prior opinion in Coats v. Dish Network, 350 P.3d 849 (Colo. 2015), for the premise that any activity that is unlawful under federal law, though it may be lawful under state law, is unlawful.

The supreme court reversed the court of appeals. Justice Gabriel dissented, joined by Chief Justice Rice and Justice Hood. In his thoughtful dissent, Justice Gabriel opined that the plain language of § 885 immunized the law enforcement officers, and therefore the Colorado Constitution was not preempted by the CSA.

Colorado Supreme Court: Amendment 64 Applies to Sentences for Crimes Being Appealed at Effective Date

The Colorado Supreme Court issued its opinion in People v. Boyd on Tuesday, January 17, 2017.

Amendment 64—Marijuana Legalization—Constitutional Amendment.

The Colorado Supreme Court considered whether Amendment 64 deprived the state of the power to continue to prosecute cases where there was a non-final conviction for possession of less than one ounce of marijuana and where there was a pending right to appeal when Amendment 64 became effective. The court concluded that Amendment 64 nullified the state’s authority to continue to prosecute respondent on appeal because the amendment superseded the underlying statutory authority for the prosecution. The court contemplated United States v. Chambers, 291 U.S. 217 (1934), in which the U.S. Supreme Court held that when a statute is rendered inoperative, no further proceedings can be had to enforce it in pending prosecution. Accordingly, the court affirmed the Colorado Court of Appeals’ judgment reversing respondent’s conviction.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Amendment 64 Deprives State of Power to Prosecute Crimes of Possession of Small Amounts of Marijuana

The Colorado Supreme Court issued its opinion in Russell v. People on Tuesday, January 17, 2017.

Expert Testimony—Amendment 64—Marijuana Legalization—Constitutional Amendment.

The Colorado Supreme Court considered whether a police officer’s testimony that defendant was under the influence of methamphetamine was properly admitted as lay testimony or should have been qualified as expert testimony. Because any error in admitting the officer’s testimony as lay testimony was harmless given the otherwise overwhelming evidence, the court declined to answer whether the trial court erred in admitting the testimony. The court also considered whether Amendment 64 deprived the state of the power to continue to prosecute cases where there was a conviction for possession of less than one ounce of marijuana pending on direct appeal when the amendment became effective. The court concluded that under People v. Boyd, 2017 CO 2, Amendment 64 nullified the state’s authority to continue to prosecute petitioner/cross-respondent during her appeal because Amendment 64 superseded the underlying statutory authority for the prosecution. Accordingly, the court affirmed the Colorado Court of Appeals’ judgment.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Amendment 64 Deprived State of Power to Continue Prosecutions of Small Amount Marijuana Offenses

The Colorado Supreme Court issued its opinion in People v. Wolf on Tuesday, January 17, 2017.

Amendment 64—Marijuana Legalization—Constitutional Amendment.

The Colorado Supreme Court considered whether Amendment 64 deprived the state of the power to continue to prosecute individuals for possession of less than one ounce of marijuana after Amendment 64 became effective. The court concluded that under People v. Boyd, 2017 CO 2, Amendment 64 nullified the state’s authority to continue to prosecute respondent at his jury trial because Amendment 64 superseded the underlying statutory authority for the prosecution. Accordingly, the court affirmed the Colorado Court of Appeals’ judgment vacating respondent’s conviction and sentence.

Summary provided courtesy of The Colorado Lawyer.

Top Ten Programs and Homestudies of 2016: The Best of the Rest

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today on Legal Connection we are featuring the Best of the Rest: the top programs and homestudies in the areas of law not previously covered, including construction law, disability law, agricultural law, water law, natural resources law, immigration law, and marijuana law. Although these practice areas are varied, the homestudies and programs featured below are top-notch. For practitioners in these areas of law, visit cle.cobar.org/Practice-Area to find more programs and homestudies in your area of practice, and visit cle.cobar.org/Books to search our selection of books.

Construction Law — Residential Construction Defect Law 2016: Intermediate to Advanced Class
The program will highlight significant construction defect liability, damages and insurance developments occurring over the past two years and described in the Fifth Edition of Residential Construction Law in Colorado (CLE in Colo., 2015) written by Ronald M. Sandgrund, Scott F. Sullan and Leslie A. Tuft. A copy of the book is included as part of the course materials. No written materials other than a list of cases and statutes discussed will be supplied. This program is an advance program and is not intended to provide a general overview of construction defect law or practice. Each Homestudy includes a PDF copy of the CLE book, Residential Construction Law in Colorado, 5th Edition. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

Immigration Law — Immigration Law 2016
Attend this program and you will receive practical training for representing individuals in immigration proceedings, including juveniles and survivors seeking asylum and other humanitarian relief. Topics covered include: Immigration Law 101, Special Immigrant Juvenile Status, U Visas, T Visas, and VAWA, Cancellation of Removal and Trial Advocacy Skills in Immigration Court, Asylum Law, and Model Asylum Hearing. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Water Law — Water Law 101 in 2016
This is the eighth in a series of courses related to Colorado water law and administration. This particular course will introduce you to the basic legal framework governing Colorado water law, rights, and administration as of 2016. You will become familiar with court cases, matters and issues critical to your understanding of water and water law in Colorado. You will learn about Colorado’s different types of water rights, how they are administered, the role of the State and Division Engineers, and what is required for changes of water rights. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Environmental Law — Colorado’s Future Energy Economy: Legal Landscape
Attend this program and hear perspectives of officials and leaders at national and state and federal government levels on the direction of Colorado’s energy industry. Plus, gain invaluable insights on such from environmentalists, the energy industry, academia, and private firm practitioners. Take advantage of this unique opportunity to learn about the latest developments in the legal landscape behind Colorado’s energy and natural resources industries. Attend this program and personally unravel the issues with the experts. AND, at the same time, you will sharpen your practice skills and expand your knowledge to better serve your clients! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

Natural Resources Law — Oil, Gas, and Mining: Current Legal Issues
This Oil, Gas and Mining Law program is the one to attend to get up to speed on energy issues currently affecting Colorado and the West. You will leave this seminar with a better understanding of the latest regarding pertinent litigation, regulations and solutions for quieting title, financing, and distressed companies. Taught by experts, this program will provide you with an opportunity to network with colleagues and experts, and to catch up on hot topics in the energy law arena. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 9 general credits, including 1 ethics credit.

Disability Law — Social Security Disability: Advanced Practice
Your distinguished panel of Judges, ODAR and Colorado Disability Determination Services Officials, a vocational expert, and seasoned private firm SSDI practitioners will provide you with the latest information on: Changes, Statistics, and Findings of the Colorado Disability Determination Services Office, What’s Happening in Region 8 and at Headquarters – Office of Disability Adjudication and Review?, State of the Denver Regional Office of Disability Adjudication and Review, Attorney Fee Agreements and Fee Petitions, How-to’s of Vocational Expert Examination, Perspectives of the Appeals Council, Appeals Council and Federal District Court Arguments, Case Law and Rulings, and How to File in Federal Court and Win! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits.

Agricultural Law — Rural Land Transactions: Contract Issues
Whether you represent the buyer or seller of ranch land, cattle, timber or recreational ranches, farms or other rural lands, this program is for you! Attend and your faculty of seasoned real estate attorneys and brokers will guide you through the nuances of rural land transactions, and help you avoid mistakes and potential pitfalls. You will receive straightforward guidance on Buyer Entity Pros and Cons, Federal Grazing Permits, Water, Mineral and Wind Rights, Growing Crops, and much more. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits.

Marijuana Law — Enforcing Cannabis Contracts, Including the Use of Arbitration in the Cannabis Industry
A key fear in the cannabis industry is the extent to which cannabis-related contracts are enforceable. This goes beyond contracts for the sale of cannabis itself and may include any number of legal instruments that touch a cannabis business. Although a number of recent court decisions in the Colorado state and federal courts indicate a trend toward the enforcement of cannabis-related contracts, and these cases will be discussed, many doubts remain regarding the enforceability of cannabis-related contracts. Arbitration provides a unique forum for the resolution of cannabis-related disputes that may provide greater legal certainty and enforceability. This CLE presentation covers the nuts and bolts of arbitration law relevant to the enforcement of purportedly illegal contracts, and goes beyond to identify techniques counsel should consider when drafting arbitration clauses for cannabis businesses and their partners. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

Colorado Court of Appeals: County Lacked Authority to Impose Special Tax on Recreational Marijuana

The Colorado Court of Appeals issued its opinion in City of Northglenn v. Board of County Commissioners on Thursday, December 15, 2016.

County Special Sales Tax—Retail Marijuana—Home Rule Cities—Standing.

In 2014, Adams County (County) voters approved a resolution authorizing the County to levy a countywide special sales tax on retail marijuana. Three home rule cities (Cities) in the County challenged the tax, claiming that it was unauthorized by Colorado law. The Cities sued the County, seeking an injunction and declaratory judgment against the tax, and the County moved to dismiss for lack of standing and for failure to state a claim upon which relief could be granted. The district court held that the Cities had standing and concluded that there was sufficient legislative authority to support the countywide special sales tax. The court converted the County’s motion for failure to state a claim upon which relief could be granted into a motion for summary judgment and granted summary judgment to the County.

On appeal, the County argued that the district court erred in determining that the Cities had standing to bring their claims. Here, the County’s special sales tax likely would harm the fiscal interests of the Cities by reducing their tax revenues. In addition, the fiscal integrity of a home rule city is a legally protected interest of the city, and the tax would harm the fiscal integrity of the Cities. Thus, the district court correctly held that the Cities had standing.

The Cities argued that the retail marijuana sales tax did not expressly grant the County authority to impose a special sales tax and, therefore, the tax was invalid. A county has no power to impose a tax unless the General Assembly or the Colorado Constitution directly authorizes it. Here, the County made no claim of authority under the Colorado Constitution, and the retail marijuana sales tax did not grant the County express authority to enact its special sales tax. Because the County did not have either constitutional or statutory authorization to impose a special sales tax on retail marijuana, the Adams County special sales tax is invalid.

The judgment was reversed.

Summary provided courtesy of The Colorado Lawyer.

Ninth Circuit Enjoins Department of Justice from Prosecuting Individuals in Medical Marijuana States

On Tuesday, August 16, 2016, the Ninth Circuit Court of Appeals issued its opinion in United States v. McIntosh, a group of ten consolidated interlocutory appeals addressing whether an appropriations ban applies to prosecutions of individuals accused of marijuana crimes in states with medical marijuana laws. All of the appellants were indicted for various infractions of the Controlled Substances Act based on their participation in their respective states’ medical marijuana schemes. The appellants moved to dismiss their indictments or enjoin their prosecutions based on a rider in a federal appropriations bill, which stated:

None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, § 542, 129 Stat. 2242, 2332–33 (2015). The rider was extended and is currently effective through September 30, 2016.

The appellants in the various cases moved to dismiss or enjoin on the basis of the rider, arguing that the Department of Justice was prohibited from using funds to pursue prosecutions. The Department argued that it was merely prohibited from prosecuting states with medical marijuana schemes, but was still free to use the appropriated funds to prosecute individuals who violated the Controlled Substances Act regardless of their compliance with state medical marijuana laws.

The Ninth Circuit first noted that although the Medical Marijuana States had enacted laws permitting the use of marijuana for medicinal purposes, marijuana remains illegal under the federal Controlled Substances Act for all purposes. The Ninth Circuit concluded that the superior authority, the federal government through the Controlled Substances Act, could prevent a subordinate authority, the Medical Marijuana States, from implementing rules permitting the conduct by punishing individuals who are engaged in the conduct officially permitted by the subordinate authority. In this instance, the Department of Justice can prevent the Medical Marijuana States from implementing their rules permitting the use of marijuana in medicinal settings by prosecuting individuals for use, possession, distribution, or cultivation of marijuana. The Department of Justice need not take any official action against the states in order to prevent implementation of the states’ rules. The Ninth Circuit therefore concluded that § 542 prohibited the Department of Justice from spending any funds to prosecute individuals in Medical Marijuana States who were engaging in conduct fully permitted by their states’ laws.

Some appellants requested that the Circuit enjoin the Department of Justice from prosecuting any individuals for marijuana violations in Medical Marijuana States, arguing that the implementation of laws necessarily includes all aspects of giving effect to the laws, including prosecutions for violations of the laws. The Ninth Circuit refused to expand the meaning of § 542 to include the prosecution of any individuals in Medical Marijuana States regardless of compliance with their states’ laws. The Circuit found that the Department of Justice was free to prosecute individuals who failed to comply with their state medical marijuana regulations. Because the district courts had not made findings about whether the individuals being prosecuted were in compliance with their respective states’ regulatory schemes, the Ninth Circuit remanded for further proceedings on this issue.

The Ninth Circuit noted the temporal nature of the proceedings, in that the Department had been authorized to prosecute the various individuals initially but lost its funding through the appropriations rider. The Circuit warned that at any moment, Congress could re-authorize the prosecutions of individuals in Medical Marijuana States, or Congress could permanently deprive the Department of funding to prosecute individuals complying with their states’ medical marijuana schemes. In the words of the Circuit, “Congress could restore funding tomorrow, a year from now, or four years from now, and the government could then prosecute individuals who committed offenses while the government lacked funding. Moreover, a new president will be elected soon, and a new administration could shift enforcement priorities to place greater emphasis on prosecuting marijuana offenses.”

The Ninth Circuit cautioned that marijuana remains illegal under the federal Controlled Substances Act, and anyone in any state who possesses, manufactures, or distributes marijuana is committing a federal crime for which they could be prosecuted for up to five years after the date of the offense. The Circuit reminded the district courts of the need to balance the remedy for violations of § 542 with the appellants’ Speedy Trial Act rights. The Circuit also remarked that, under the Supremacy Clause, a state cannot “legalize” any conduct that is illegal under federal law.

The orders were vacated and the cases were remanded for further proceedings to determine whether the appellants were in compliance with their states’ medical marijuana laws.

Colorado Supreme Court: Possibility of Innocent Explanation is Merely a Factor in Totality of Probable Cause Determination

The Colorado Supreme Court issued its opinion in People v. Zuniga on Monday, June 27, 2016.

Probable Cause to Search—Totality of the Circumstances—Marijuana Odor.

In this interlocutory appeal, the Supreme Court reversed the trial court and held  that the odor of marijuana is relevant to the totality of the circumstances test and can contribute to a probable cause determination. Even though possession of one ounce or less of marijuana is allowed under Colorado law, many marijuana-related activities remain unlawful, meaning the odor of marijuana can support an inference that a crime is ongoing. Under the facts of this case, the Court concluded that there was probable cause to search the vehicle for illegal drugs in light of the two occupants’ divergent stories about their time visiting Colorado, their “extreme” nervousness, the strong odor of raw marijuana coming from the vehicle, and a drug-sniffing dog’s alert.

Summary provided courtesy of The Colorado Lawyer.

Bills Requiring Electronic Recording of Certain Interrogations, Promoting Employment for Disabled Individuals, and More Signed

On Friday, June 10, 2016, Governor Hickenlooper signed 96 bills into law, and allowed one to pass to the Secretary of State without a signature. In the 2016 legislative session, the governor signed 371 bills, vetoed two, and allowed two to pass without a signature this legislative session. The bills signed Friday are summarized here.

  • HB 16-1014 – Concerning the Creation of the Business Intelligence Center Program Within the Department of State, by Rep. Angela Williams and Sen. Jack Tate. The Secretary of State’s Office currently operates a Business Intelligence Center under its Business and Licensing Division to streamline access to public data and provide resources to make the data more useful. This bill formally creates the BIC in statute and authorizes the department’s operation of the program.
  • HB 16-1021 – Concerning Providing the Opportunity to Collect Identifying Information from Applicants for State-Issued Cards, by Rep. Joseph Salazar and Sens. Jessie Ulibarri & Ellen Roberts. The bill requires the DMV to modify the application process for state ID cards and drivers’ licenses, requiring the revised application to allow applicants to self-identify their race or ethnicity.
  • HB 16-1031 – Concerning a Requirement that Legislative Council Staff Present a Study of the Transportation Commission Districts of the State to the Transportation Legislation Review Committee, by Rep. Terri Carver and Sen. John Cooke. The bill requires that the Legislative Council Staff with the cooperation of the Colorado Department of Transportation submit a report to the Transportation Legislation Review Committee no later than August 1, 2016, that details changes since the last time the Transportation Commission districts were modified.
  • HB 16-1034 – Concerning Emergency Medical Responder Registration in the Department of Public Health and Environment, and, in Connection Therewith, Making an Appropriation, by Rep. Lang Sias and Sen. Leroy Garcia. The bill renames “first responders” as “emergency medical responders” and requires the Colorado Department of Public Health and Environment to begin a voluntary registration program on July 1, 2017.
  • HB 16-1056 – Concerning a Requirement that the Holder of an Abandoned Motor Vehicle Use the Records of a National Title Search to Notify Persons with an Interest in the Motor Vehicle that the Vehicle has been Towed and is Subject to Sale, and, in Connection Therewith, Making an Appropriation, by Rep. Max Tyler and Sens. Randy Baumgardner & Nancy Todd. The bill broadens the records search employed by the Department of Revenue to locate owners and lienholders of abandoned motor vehicles.
  • HB 16-1077 – Concerning the Recreation of the Statutory Revision Committee, and, in Connection Therewith, Making an Appropriation, by Rep. Dominick Moreno and Sen. Beth Martinez Humenik. The statutory revision committee was initially created in 1977 to investigate statutory defects, but was repealed in 1985. This bill recreates the eight-member committee in the Legislative Department and establishes guidelines for committee selection, composition, and procedures.
  • HB 16-1080 – Concerning Assault by Strangulation, and, in Connection Therewith, Making an Appropriation, by Reps. Mike Foote & Lois Landgraf and Sens. John Cooke & Michael Johnston. The bill classifies strangulation with the intent to cause serious bodily injury as first degree assault, and strangulation with intent to cause bodily injury as second degree assault. The bill designates second degree assault by strangulation as an extraordinary risk crime, thus increasing the maximum presumptive sentence range.
  • HB 16-1112 – Concerning the Creation of the Training Veterans to Train Their Own Service Dogs Pilot Program, and, in Connection Therewith, Making an Appropriation, by Rep. Lois Landgraf and Sen. Larry Crowder. The bill creates the Training Veterans to Train Their Own Service Dogs Pilot Program in the Department of Human Services. The program will identify up to ten eligible veterans to pair with dogs selected by qualified trainers. Program participants will foster, train, and ultimately use the dogs as their own service or companion animals.
  • HB 16-1117 – Concerning a Requirement that Custodial Interrogations Related to Investigations for Certain Serious Felonies be Electronically Recorded, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Lori Saine and Sens. Irene Aguilar & John Cooke. The bill requires law enforcement officials who are investigating a class 1 or 2 felony or a felony sexual assault to make an audio-video recording of custodial interrogations occurring in a permanent detention facility.
  • HB 16-1160 – Concerning the Continuation of the Surgical Assistant and Surgical Technologist Registration Program, and, in Connection Therewith, Making an Appropriation, by Reps. Joann Ginal & Chuck Longtine and Sen. Jack Tate. The bill extends the sunset of the regulation of surgical assistants and surgical technologists until September 1, 2021.
  • HB 16-1172 – Concerning the Reestablishment of a Standing Efficiency and Accountability Committee by the State Transportation Commission, and, in Connection Therewith, Expanding the Membership and Responsibilities of the Committee, Subjecting the Committee to Sunset Review, Requiring a Committee Member to Disclose a Personal or Private Interest that Could be Affected by a Proposed Committee Recommendation and Abstain from Any Committee Vote to Adopt or Reject the Recommendation, and Making an Appropriation, by Reps. Lori Saine & Dianne Primavera and Sens. Chris Holbert & Tim Neville. The bill requires the Transportation Commission to reestablish the standing Efficiency and Accountability Committee under the Colorado Department of Transportation. It expands committee membership to include four state legislators and representatives of counties, municipalities, nonpartisan good governance organizations, and others as determined by the commission.
  • HB 16-1175 – Concerning the Administration of the Property Tax Exemptions for Qualifying Seniors and Disabled Veterans, and, in Connection Therewith, Making an Appropriation, by Reps. Dianne Primavera & Dan Nordberg and Sens. Cheri Jahn & Tim Neville. The bill requires the sharing of information among state and local government agencies to help identify applicants that do not meet the legal requirements for the Senior and Disabled Veteran Homestead Exemptions.
  • HB 16-1211 – Concerning Licensing Marijuana Transporters, and, in Connection Therewith, Making an Appropriation, by Rep. Jovan Melton and Sens. Randy Baumgardner & Cheri Jahn. The bill creates state medical and retail marijuana transporter licenses to be issued by the Marijuana Enforcement Division in the Department of Revenue, and allows for the issuance of a local medical marijuana transporter license. A marijuana transporter provides logistics, distribution, and storage of medical and retail marijuana and marijuana-infused products, but is not authorized to sell marijuana under any circumstances.
  • HB 16-1222 – Concerning Increasing the Availability of Supplemental Online Education Resources, and, in Connection Therewith, Creating the Statewide Supplemental Online and Blended Learning Program and Making an Appropriation, by Reps. Bob Rankin & Max Tyler and Sens. Nancy Todd & Owen Hill. The bill creates the Supplemental Online and Blended Learning Program and requires that the Colorado Department of Education designate a Board of Cooperative Educational Services to design and articulate a statewide plan for supplemental online and blended learning, and to lead, manage, and administer that statewide program.
  • HB 16-1232 – Concerning Continuation of the Authority of the Executive Director of the Department of Revenue to Issue Written Responses Upon the Request of a Taxpayer, by Rep. Tracy Kraft-Tharp and Sen. Randy Baumgardner. The bill continues the authority of the Department of Revenue to issue general information letters and private letter rulings through September 1, 2023.
  • HB 16-1234 – Concerning the Consideration of Methods for Selecting State Assessment Alternatives that Maintain the Existing State Assessment Requirements, and, in Connection Therewith, Making an Appropriation, by Reps. Gordon Klingenschmitt & Jonathan Singer and Sens. Michael Merrifield & Vicki Marble. The bill requires that the Colorado Department of Education investigate methods for and costs of creating or selecting new state assessments in mathematics, English language arts, science, and social studies.
  • HB 16-1260 – Concerning Extending the Criminal Statute of Limitations for a Sexual Assault to Twenty Years, by Rep. Rhonda Fields and Sens. John Cooke & Michael Johnston. The bill extends the criminal statute of limitations for felony sexual assault to 20 years. The sexual assault offenses covered by the bill may be class 2, 3, or 4 felonies, depending on the circumstances.
  • HB 16-1261 – Concerning Continuation of the Colorado Retail Marijuana Code, and, in Connection Therewith, Implementing the Recommendations of the 2015 Sunset Report Issued by the Department of Regulatory Agencies and Making an Appropriation, by Rep. Dan Pabon and Sens. Cheri Jahn & Randy Baumgardner. The bill extends the sunset of the Colorado Retail Marijuana Code until September 1, 2019, and makes several changes regarding licensing, rulemaking, industry operations, county-initiated ballot measures, and criminal provisions.
  • HB 16-1262 – Concerning Measures to Improve Peace Officer Hiring, and, in Connection Therewith, Requiring Employment Waivers as Part of the Background Check Process for a Person Applying for a Position as a Peace Officer who has Worked as an Officer and Giving the P.O.S.T. Board the Authority to Deny Certification to an Applicant who Entered into a Deferred Agreement, by Rep. Angela Williams and Sen. John Cooke. The bill requires that each candidate for a peace officer position execute a waiver to allow a hiring state or local law enforcement agency or the Department of Revenue to obtain all records about that candidate from another law enforcement or governmental agency. The hiring agency, including higher education law enforcement agencies, public transit law enforcement agencies, and the Department of Revenue, must submit the waiver to each applicable prior employer at least 21 days before making a decision.
  • HB 16-1263 – Concerning Updates to the Statutory Prohibition on Profiling by Peace Officers, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill modifies the prohibition in current law against racial profiling by law enforcement by changing the definition to include the practice of relying on race, ethnicity, gender, national origin, language, religion, sexual orientation, gender identity, age, or disability in determining probable cause or scope of investigation.
  • HB 16-1264 – Concerning Prohibiting the Use of a Chokehold by a Peace Officer, by Rep. Jovan Melton and Sen. Michael Johnston. The bill clarifies that a peace officer may only use a chokehold when he or she reasonably believes that it is necessary to defend himself or herself or a third party is in imminent danger of death or serious bodily injury or to effect an arrest or prevent escape under certain conditions.
  • HB 16-1265 – Concerning Expungement of Arrest Records Based on Mistaken Identity, by Reps. Jovan Melton & Daneya Esgar and Sens. Michael Johnston & John Cooke. The bill requires the court to expunge the arrest and criminal records of a person who was arrested as a result of mistaken identity and who did not have charges filed against him or her.
  • HB 16-1286 – Concerning an Increase in the Percentage of a Landowner’s Costs Incurred in Performing Wildfire Mitigation Measures that may be Claimed by the Landowner for Purposes of the Wildfire Mitigation Income Tax Deduction, by Rep. KC Becker and Sen. Jack Tate. The bill increases the percentage of the wildfire mitigation state income tax deduction from 50 percent to 100 percent of the costs incurred for performing wildfire mitigation on a taxpayer’s property.
  • HB 16-1311 – Concerning Court Orders Requiring Payment of Monetary Amounts, by Rep. Joseph Salazar and Sens. Morgan Carroll & Vicki Marble. When a court imposes a sentence requiring a defendant to pay a monetary amount, the court may make arrangements for payment at a future date or in installments and must provide certain instructions to defendants. The bill specifies that these same rules apply when the court enters a judgment or issues an order requiring payment. The bill also specifies that when imposing a monetary obligation, the court must inform the defendant that if he or she is unable to pay, the court may not jail the defendant for failure to pay.
  • HB 16-1321 – Concerning Medicaid Buy-In for Persons Eligible for Certain Medicaid Waivers, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Michael Merrifield & Jack Tate. The bill directs the Department of Health Care Policy and Financing to seek federal authorization to implement a Medicaid buy-in program for adults who are eligible to receive home-and community-based services under the Supported Living Services Medicaid waiver, the Brain Injury waiver, and the Spinal Cord Injury waiver pilot program. HCPF must implement the Medicaid program no later than three months after receiving federal approval.
  • HB 16-1324 – Concerning the Availability of Compounded Pharmaceutical Drugs for Use by a Veterinarian to Treat a Patient’s Emergency Condition, and, in Connection Therewith, Making an Appropriation, by Rep. Joann Ginal and Sen. Jerry Sonnenberg. The bill allows a veterinarian to keep an office stock of compounded drugs and administer the drug to an animal for treatment of the animal’s emergency condition.
  • HB 16-1328 – Concerning Statutory Provisions Related to the Use of Seclusion on Individuals, and, in Connection Therewith, Making an Appropriation, by Reps. Pete Lee & Beth McCann and Sens. Kent Lambert & Kevin Lundberg. The bill expands the “Protection of Individuals from Restraint and Seclusion Act.” The bill adds seclusion wherever the use of restraint is limited, prohibited, or subject to specific requirements; adds that restraint and seclusion must never be used as punishment, as part of a treatment plan, as retaliation by staff, or for protection, unless ordered by the court or in an emergency; and expands the restrictions on use of restraint and seclusion to include youth, defined as anyone less than 21 years old.
  • HB 16-1339 – Concerning Agricultural Property Foreclosures, by Reps. Perry Buck & Joann Ginal and Sen. Randy Baumgardner. Under current law, the number of calendar days that must elapse between the date of the foreclosure notice and the foreclosure sale is between 110 and 125 days for residential property, and between 215 and 230 days for agricultural property. Current law requires that agricultural property be entirely agricultural in foreclosure proceedings. This bill allows property that is any part agricultural to be considered agricultural and entitled to the longer time frame.
  • HB 16-1345 – Concerning the Continuation of the Sex Offender Management Board, and, in Connection Therewith, Implementing the Recommendations of the 2015 Sunset Report Issued by the Department of Regulatory Agencies, by Rep. Daniel Kagan and Sen. John Cooke. The bill extends the sunset of the Sex Offender Management Board until September 1, 2019, and requires the board to revise its standards and guidelines.
  • HB 16-1356 – Concerning Requirements Related to the Satisfaction of Indebtedness Secured by Real Property, by Reps. Tracy Kraft-Tharp & Kevin Nordberg and Sens. Cheri Jahn & Chris Holbert. The bill modifies the treatment of a line of credit lien secured with real property (i.e. a home equity line of credit) that has been satisfied. Under the bill, the lien continues and no release is required until the line of credit expires and the debt is satisfied, unless the debtor relinquishes all right to make further use of the line of credit by either requesting, in writing, that the line of credit be cancelled; or provides notice that the property is being conveyed upon payment of the debt.
  • HB 16-1359 – Concerning the Use of Medical Marijuana While on Probation, by Rep. Joseph Salazar and Sen. Lucia Guzman. The bill alters one of two exceptions to the prohibition against a court requiring that a person on probation refrain from possessing or using medical marijuana.
  • HB 16-1360 – Concerning the Continuation of the Regulation of Direct-Entry Midwives by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies, and, in Connection Therewith, Implementing the Recommendations Contained in the Sunset Report Prepared by the Department, by Rep. Lois Landgraf & Susan Lontine and Sen. Kevin Lundberg. The bill extends the sunset of the regulation of direct-entry midwives until September 1, 2023, and makes several changes to the scope of practice for direct-entry midwives.
  • HB 16-1362 – Concerning the Transfer of the Functions of the License Plate Auction Group to the Colorado Disability Funding Committee, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Beth Martinez Humenik. The bill transfers the functions of the License Plate Auction Group to the Disability Benefit Support Contract Committee and renames the entity the Colorado Disability Funding Committee.
  • HB 16-1363 – Concerning Rule-Making Authority for Medical Marijuana Advertising Directed at Underage Persons, by Rep. Jonathan Singer and Sens. Linda Newell & Jack Tate. The bill authorizes the Marijuana Enforcement Division in the Department of Revenue to promulgate rules related to advertising that is likely to reach underage persons under the Medical Marijuana Code.
  • HB 16-1367 – Concerning the Re-Categorization of Certain Counties for the Purpose of Determining Salaries Paid to County Officers in Those Counties, by Reps. Millie Hamner & Bob Rankin and Sens. Mary Hodge & Vicki Marble. The salary of county officers is set in statute and determined by the category of the county in which the officer serves (I through VI). Four subcategories, A through D were added to each category in 2015 under Senate Bill 15-288 for the purpose of increasing or decreasing county officer salaries. All counties are currently in subcategory A, which would result in a 30 percent increase to county officers beginning January 2019, when they are sworn in. This bill recategorizes counties resulting in smaller increases for the elected officers of those counties.
  • HB 16-1378 – Concerning Requiring Courts to Collect Money from DUI Offenders for the Purpose of Reimbursing Law Enforcement Agencies for the Cost of Performing Chemical Tests, by Rep. Joann Ginal and Sen. Larry Crowder. The bill clarifies that, when the court orders that a defendant reimburse the costs associated with the collection and analysis of chemical tests, the court is required to collect those moneys and transfer them to the law enforcement agency that performed the chemical test, except that the court is not required to do this for the Colorado State Patrol within the Department of Public Safety.
  • HB 16-1386 – Concerning a Program to Cover Vulnerable Populations’ Costs of Acquiring Necessary Documents, and, in Connection Therewith, Making an Appropriation, by Rep. Tracy Kraft-Tharp and Sen. Pat Steadman. The bill creates the Necessary Document program in the Office of Health Equity in the Colorado Department of Public Health and Environment. The purpose of the program is to help Colorado residents who are victims of domestic violence, impacted by a natural disaster, low-income, disabled, homeless, or elderly pay the fees to acquire a necessary document, includingsocial security cards, driver’s licenses, identification cards, or a vital statistics report.
  • HB 16-1391 – Concerning a Prohibition Against Nonattorneys Providing Legal Services Related to Immigration Matters, by Rep. Dan Pabon and Sen. Kevin Lundberg. The bill makes it a deceptive trade practice for anyone other than a licensed attorney or someone federally authorized to represent others in immigration matters to provide or to offer to provide legal services in an immigration matter.
  • HB 16-1393 – Concerning Procedures for Ordered Testing for Communicable Diseases, by Reps. Daneya Esgar & Michael Foote and Sen. John Cooke. Under current law, any person bound over for trial for assault; convicted of assault; or found to have provided bodily fluids to another person indicted, bound over for trial, or convicted of assault is required to submit to a medical test for communicable diseases if his or her bodily fluids came into contact with a victim, peace officer, firefighter, emergency medical care provider, or emergency medical service provider. This bill repeals that portion of current law and replaces it with a requirement that, unless a person has admitted that he or she has a communicable disease and provides confirmation, a law enforcement agency is required to ask the person to voluntarily consent to a blood test if certain conditions are met.
  • HB 16-1398 – Concerning the Requirement that the Department of Human Services Use a Request-for-Proposal Process to Contract with an Entity to Implement Recommendations of the Respite Care Task Force, and, in Connection Therewith, Making an Appropriation, by Reps. Dave Young & Lois Landgraf and Sens. Beth Martinez Humenik & Pat Steadman. The bill requires the Department of Human Services to use a competitive request-for-proposal process to select a contractor to implement the recommendations of the Respite Care Task Force. The selected contractor must have a presence in Colorado and serve individuals with disabilities or chronic conditions by providing and coordinating respite care.
  • HB 16-1402 – Concerning a Prohibition on the Use of a Device to Allow a Person to Place a Wager on a Previously Run Sporting Event, by Reps. KC Becker & Polly Lawrence and Sens. Chris Holbert & Leroy Garcia. The bill prohibits the state or any local government, or its agencies, boards, commissions, or officials from permitting the use of a racing replay and wagering device. Horse racing and related business licensees may not operate or allow any person to use racing replay and wagering devices to wager on any previously run sporting event.
  • HB 16-1404 – Concerning the Regulation of Fantasy Contests, and, in Connection Therewith, Making an Appropriation, by Reps. Crisanta Duran & Cole Wist and Sens. John Cooke & Lucia Guzman. The bill establishes the registration of small fantasy contest operators and the licensure of all other large fantasy contest operators by the Division of Professions and Occupations in the Department of Regulatory Agencies. The bill defines a fantasy contest operator as an entity that offers a fantasy contest with an entry fee and cash prize to the public.
  • HB 16-1422 – Concerning Financing Public Schools, and, in Connection Therewith, Making an Appropriation, by Reps. Millie Hamner & Bob Rankin and Sens. Kent Lambert & Pat Steadman. The bill changes the “Public School Finance Act of 1994” by modifying the funding for K-12 public schools in FY 2016-17. The bill increases base per pupil funding to $6,367.90, to reflect a 1.2 percent inflation rate.
  • HB 16-1423 – Concerning Measures to Maximize Trust in the Use of Student Data in the Elementary and Secondary Education System, by Reps. Paul Lundeen & Alec Garnett and Sen. Owen Hill. The bill creates the Student Data Transparency and Security Act, and requires that the State Board of Education, the Colorado Department of Education, and schools, school districts, and Boards of Cooperative Educational Services take actions to increase the transparency and security of student personally identifiable information.
  • HB 16-1424 – Concerning Qualifications for the Administration of Medications in Facilities, and, in Connection Therewith, Making an Appropriation, by Rep. Ed Vigil and Sen. Leroy Garcia. The bill changes the way state agencies handle the training and registration of personnel authorized to administer medications in certain state facilities, and changes the definition of “facility” to include services offered to intellectually and developmentally disabled individuals by the Department of Health Care Policy and Financing.
  • HB 16-1425 – Concerning the Requirement for a Licensed Child Care Center to Obtain Records for a Child Enrolled in the Center on a Short-Term Basis, by Rep. Millie Hamner and Sen. Ellen Roberts. The bill specifies that a licensed child care center is not required to obtain immunization records for any enrolled child that attends the center on a short-term basis which is defined as up to fifteen days and no more than twice per year with at least 60 days between 15-consecutive-day periods.
  • HB 16-1426 – Concerning Intentional Misrepresentation of Entitlement to an Assistance Animal, by Reps. Dianne Primavera & Yeulin Willett and Sens. Jack Tate & Cheri Jahn. The bill creates a class 2 petty offense for the intentional misrepresentation of entitlement to an assistance animal, for purposes of obtaining a reasonable accommodation in housing or for the misrepresentation of a service animal or service animal in training for purposes of obtaining a reasonable accommodation.
  • HB 16-1427 – Concerning Exempting Multi-Serving Liquid Retail Marijuana Products from the Sales Equivalency Limitation, by Rep. Dan Pabon and Sen. Owen Hill. The bill exempts multi-serving liquid retail marijuana products from the edible retail marijuana requirement that products be marked with a standard symbol indicating that the product contains marijuana and is not for consumption by children if the product complies with all statutory and regulatory packaging requirements for multi-serving edibles.
  • HB 16-1432 – Concerning the Rights of Private Sector Employees to Inspect Their Personnel Files, by Rep. Faith Winter and Sen. Owen Hill. The bill requires that an employer, at least annually, permit a requesting current or former employee to inspect and obtain a copy of his or her personnel file.
  • HB 16-1436 – Concerning a Prohibition on Edible Marijuana Products that are Shaped in a Manner to Entice a Child, by Reps. Dan Pabon & Joann Ginal and Sens. Linda Newell & Randy Baumgardner. The bill requires the Marijuana Enforcement Division in the Department of Revenue  to promulgate rules that prohibit the production and sale of edible medical marijuana-infused and retail marijuana products shaped like a human, animal, or fruit.
  • HB 16-1439 – Concerning the Creation of a New Alcohol Beverage License Under the “Colorado Liquor Code” to Permit a Lodging and Entertainment Facility to Sell Alcohol Beverages by the Drink for Consumption on the Licensed Premises, and, in Connection Therewith, Allowing the Holder of a Tavern License to Convert the Tavern License to a Lodging and Entertainment License or Other Appropriate License Under Specified Conditions, by Rep. Alec Garnett and Sen. Chris Holbert. The bill creates a new lodging and entertainment liquor license for facilities that provide lodging, sports, or entertainment activities as their primary business and, incidental to that business, sell and serve alcoholic beverages by the drink for consumption on the premises. These facilities must have sandwiches and light snacks available for consumption.
  • HB 16-1440 – Concerning Reducing Administrative Requirements that Pertain to the Elementary and Secondary Public Education System, by Reps. Jim Wilson & Brittany Pettersen and Sens. Michael Johnston & Chris Holbert. The bill prohibits the State Board of Education or the Colorado Department of Education from publishing the teacher effectiveness ratings for a grade level, subject area, school, or school district if the number of teachers in the reported group is small enough to enable a person to identify an individual teacher’s effectiveness rating.
  • HB 16-1442 – Concerning Technical Modifications to Laws Enacted in 2014 Governing the Administration of Nonpartisan Elections Conducted by a Local Government that are Not Coordinated by a County Clerk and Recorder, by Rep. Su Ryden and Sen. Jessie Ulibarri. The bill makes various updates to the Colorado Local Government Election Code, which governs nonpartisan special district elections that are not coordinated by a county clerk.
  • HB 16-1448 – Concerning the Relative Guardianship Assistance Program, by Rep. Jonathan Singer and Sens. Andy Kefalas & Kevin Lundberg. The makes several changes to the Relative Guardian Assistance Program to comply with federal regulations and clarify the qualifying legal relationships and situations that are eligible for the program. Specifically, the bill clarifies that relatives, kin, and other persons with a family-like relationship, including foster parents, are eligible for relative guardianship assistance in certain situations when a child or children cannot be returned to the physical custody of parents or legal guardians and adoption or reunification is either unavailable or not appropriate.
  • HB 16-1451 – Concerning a Requirement that the Department of Personnel Create a Procurement Code Working Group to Study Ways to Improve the State’s “Procurement Code,” by Reps. Su Ryden & Bob Rankin and Sens. Ray Scott & Rollie Heath. The bill directs the executive director of the Department of Personnel and Administration to convene a working group to meet during the 2016 interim between legislative sessions to study ways to improve the state procurement code.
  • HB 16-1457 – Concerning a Clarification of the Existing Sales and Use Tax Exemption for Residential Energy Sources, by Reps. Alec Garnett & Jim Wilson and Sens. Tim Neville & Leroy Garcia. The bill clarifies that the state sales and use tax exemption for residential uses of electricity, coal, wood, gas, fuel oil, and coke (energy sources) applies when energy sources are resold or sold to persons who are not occupants of the residence.
  • HB 16-1459 – Concerning an Increase in the Dollar Threshold for the Review of Capital Construction or Capital Renewal Projects that are Not for New Construction or New Acquisitions of Real Property for Auxiliary and Academic Facilities to be Funded Solely from Cash Funds Held by an Institution of Higher Education, by Reps. KC Becker & J. Paul Brown and Sens. Jerry Sonnenberg & Andy Kefalas. Under current law, higher education institutions may submit lists of capital construction projects anticipated to be commenced within the next two years using institutional cash funds, and costing more than $2 million, to the Capital Development Committee for review and approval. This bill increases the threshold for projects reviewed through two-year cash lists from $2 million to $10 million for everything but acquisitions, new construction, and projects financed using the state’s credit rating.
  • HB 16-1460 – Concerning the Authority of the Commissioner of Agriculture to Dispose of and Acquire Specified Real Property in Furtherance of the Department of Agriculture’s Office Consolidation, by Reps. KC Becker & Ed Vigil and Sen. Randy Baumgardner. The bill gives the Colorado Department of Agriculture, in consultation with the Office of the State Architect within the Department of Personnel and Administration, the authority to sell and acquire real property specified in the bill.
  • HB 16-1467 – Concerning a State Income Tax Deduction for Amounts Earned on the Investment of Money in a First-Time Homebuyer Savings Account, by Reps. Crisanta Duran & Joseph Salazar and Sens. Mark Scheffel & Beth Martinez Humenik. The bill allows for the creation of first-time home buyer savings accounts, and starting tax year 2017, allows an income tax deduction for account holders equal to the interest and other income earnings on account contributions.
  • SB 16-006 – Concerning the Use of Qualified Insurance Brokers to Enroll Eligible Participants in Health Benefit Plans through the Colorado Health Benefit Exchange, by Sen. Beth Martinez Humenik and Rep. Lang Sias. The bill requires the Colorado health benefit exchange, Connect for Health Colorado, to provide certain information about insurance brokers and health care navigators when consumers contact Connect for Health Colorado and request assistance.
  • SB 16-019 Concerning a Requirement that Court-Ordered Mental Condition Examinations be Recorded, and, in Connection Therewith, Making an Appropriation, by Sen. John Cooke and Reps. Lori Saine & Mike Foote. The bill requires audio-visual recording of court-ordered mental condition examinations for individuals charged with class 1 or 2 felonies and felony sex offenses under sections 18-3-402, 18-3-404, 18-3-405, and 18-3-405.5, C.R.S. The court is required to notify a defendant that any examination with a psychiatrist or forensic psychologist may be audio and video recorded.
  • SB 16-030 – Concerning the Surcharges for Violating Motor Vehicle Weight Limits, and, in Connection Therewith, Making an Appropriation, by Sen. Mary Hodge and Rep. Max Tyler. Under current law, individuals convicted of violating motor vehicle weight limits or the terms of overweight permits must pay a variable penalty and a surcharge, depending on the level of excess weight. The bill changes the variable surcharge rate to a flat 16 percent of the penalty for all violations.
  • SB 16-036 – Concerning Surety Requirements when a Taxpayer Appeals a Tax Bill that the State or a Local Government Claims is Due, and, in Connection Therewith, Making an Appropriation, by Sens. Tim Neville & Cheri Jahn and Reps. Tracy Kraft-Tharp & Lang Sias. The bill changes the circumstances under which a taxpayer is required to set aside money when he or she files a notice of appeal of a tax decision with a court. The bill repeals the requirement that a taxpayer set aside money for all appeals to a district court, except in cases of a frivolous tax claim submission as determined by the Department of Revenue.
  • SB 16-040 – Concerning Changes to the Requirements for Owners of a Licensed Marijuana Business, and, in Connection Therewith, Making an Appropriation, by Sens. Chris Holbert and Rep. Dan Pabon. The bill replaces the current statutory definition for owner of a licensed medical or retail marijuana business with two new ownership categories: direct beneficial interest owners  and indirect beneficial interest owners.
  • SB 16-056 – Concerning Broadening Protections of the State Whistleblower Protection Law for State Employees Who Disclose Confidential Information to Certain State Entities that have Legal Requirements to Preserve the Confidentiality of the Information Disclosed, by Sen. Kent Lambert and Rep. Pete Lee. The bill expands whistleblower protections by creating whistleblower review agencies to determine if information about state operations or conduct provided by a state employee is protected from inspection under the Colorado Open Records Act, or any other provision of law.
  • SB 16-062 – Concerning Modifications to the Regulation of Veterinary Pharmaceuticals, by Sen. Vicki Marble and Reps. Jon Becker & Ed Vigil. The bill creates the Veterinary Pharmaceutical Advisory Committee in the Department of Regulatory Agencies to hear matters concerning veterinary pharmaceuticals referred by the State Board of Pharmacy, specifically related to board action on an investigation or complaint, application review, and rules.
  • SB 16-065 – Concerning Criminal Restitution, by Sen. Pat Steadman and Rep. Pete Lee. The bill modifies the treatment of restitution for criminal offenses. Specifically, it clarifies that a restitution order is in effect until paid in full or until two years after the offender’s death. Two years after the presentation of the defendant’s original death certificate to the clerk of court or the court collections investigator, the court may terminate the remaining balance of the judgment and order for restitution if, after notice, the district attorney does not object and there is no evidence of a continuing source of income of the defendant to pay restitution. This termination does not affect an associated judgment against another defendant.
  • SB 16-077 – Concerning a Collaborative Multi-Agency Approach to Increasing Competitive Integrated Employment Opportunities for Persons with Disabilities, and, in Connection Therewith, Advancing an Employment First Policy, by Sen. Andy Kefalas and Reps. Joann Ginal & Dianne Primavera. The bill outlines policies designed to increase employment opportunities for persons with intellectual and developmental disabilities. The bill specifies five agency partners—the Colorado Department of Labor and Employment, the Department of Health Care Policy and Financing, the Department of Education, the Department of Higher Education, and the Department of Human Services—that must work together to identify employment and educational opportunities for persons with disabilities.
  • SB 16-106 – Concerning Measures to Facilitate the Efficient Administration of Colorado Laws Governing Campaign Finance, by Sen. Chris Holbert and Rep. Joseph Salazar. The bill requires an Administrative Law Judge that hears campaign finance complaints to complete four credit hours of continuing legal education annually. The four credit hours must be related to election or campaign finance law and must be certified by the Colorado Supreme Court.
  • SB 16-111 – Concerning Authorizing the Colorado Mounted Rangers as Certified Reserve Peace Officers, by Sen. Kent Lambert and Rep. Paul Lundeen. The bill creates the Peace Officer Authority Colorado Mounted Rangers Study Task Force. This task force must study and make recommendations regarding whether it is appropriate for the Colorado Mounted Rangers to receive peace officer standards and training.
  • SB 16-115 – Concerning an Electronic Filing System for Documents Recorded with a County Clerk And Recorder, and, in Connection Therewith, Creating the Electronic Recording Technology Board, which is an Enterprise; Authorizing the Board to Set an Additional Filing Surcharge for a Five-Year Period; Requiring Counties to Transmit the Proceeds of the Board’s Surcharge to the State for Deposit in a Cash Fund Administered by the Board; Requiring the Board to Make Grants from the Fund to Counties to Create, Maintain, Improve, or Replace Electronic Filing Systems; Establishing Reporting Requirements for the Board; Increasing a Local Filing Surcharge; and Making an Appropriation, by Sen. Beth Martinez Humenik and Reps. Dominick Moreno & Kathleen Conti. The bill creates the Electronic Recording Technology Board to issue revenue bonds.
  • SB 16-116 – Concerning the Creation of an Alternative Simplified Process for the Sealing of Criminal Justice Records Other than Convictions, and, in Connection Therewith, Making an Appropriation, by Sen. Michael Johnston and Reps. Pete Lee & Steve Lebsock. The bill provides a simplified process for sealing criminal justice records. Whenever a defendant is acquitted, completes a diversion agreement or a deferred sentence, or whenever a case against a defendant is dismissed, the court must give an eligible defendant the option to immediately seal criminal justice records. The defendant may make an informal motion in open court at the time of dismissal or acquittal or may later file a written motion.
  • SB 16-131 – Concerning the Management of Assets for Individuals, and, in Connection Therewith, Clarifying that a Fiduciary’s Authority is Suspended after a Fiduciary Receives Notice that a Petition for the Fiduciary’s Removal has been Filed, Protecting an Adult Ward or Protected Person’s Right to an Attorney Post-Adjudication, and Preventing a Fiduciary from Paying Court Costs or Fees from out of an Estate after Receiving Notice of an Action for the Fiduciary’s Removal, by Sen. Jack Tate and Reps. Dan Pabon & Yeulin Willett. The bill reorganizes and updates the probate code and laws governing the management of an individual’s assets. It clarifies when an unprobated will may be used as part of a proceeding and that judgment and decree will convey legal title as opposed to equitable title.
  • SB 16-140 – Concerning Certificates of Title Issued for Motor Vehicles Purchased from Motor Vehicle Dealers, by Sen. Jerry Sonnenberg and Rep. Tracy Kraft-Tharp. The bill provides an affirmative defense that a dealer has taken reasonable action to deliver or facilitate the delivery of the certificate of title within 30 days if the dealer has, at a minimum processed and mailed any required loan payoffs; contacted the prior lender and taken the necessary action to obtain the vehicle’s title or duplicate title, which must be free of liens; taken any action necessary to obtain information or signatures from the prior owner; submitted all paperwork that the dealer has obtained to the county clerk; and corrected any errors in any filings with the DOR in a reasonable amount of time.
  • SB 16-143 – Concerning a Reduction in Annual Liquor Licensing Fees for Specified Licensees, by Sen. Owen Hill and Rep. Dan Pabon. The bill changes the amounts for annual license fees for a distillery or rectifier manufacturer’s license and for a wholesaler’s liquor license.
  • SB 16-145 – Concerning an Alternative Mechanism for Creating a Subdistrict of the Colorado River Water Conservancy District, by Sens. Randy Baumgardner & Kerry Donovan and Reps. Dianne Mitsch Bush & Yeulin Willett. The bill provides an alternative method for the Colorado River Water Conservation District to form subdistricts.
  • SB 16-147 – Concerning Creating the Colorado Suicide Prevention Plan to Reduce Death by Suicide in the Colorado Health Care System, by Sens. Linda Newell & Beth Martinez Humenik and Rep. Brittany Pettersen. The bill establishes the Colorado suicide prevention plan within the Office of Suicide Prevention in the Colorado Department of Public Health and Environment. Through system-level implementation in the criminal justice and health care systems, the plan is intended to reduce suicide rates in Colorado.
  • SB 16-156 – Concerning Certain Legislative Oversight Committees, and, in Connection Therewith, Modifying the Manner in Which Members are Appointed to the Committees, Allowing Temporary Appointments to the Committees, and Specifying that the Chair and Vice-Chair of the Executive Committee of the Legislative Council Also Serve as Chair and Vice-Chair of the Legislative Council, by Sens. Mark Scheffel & Lucia Guzman and Reps. Crisanta Duran & Brian DelGrosso. Under current law, legislators are appointed to the Legislative Audit Committee, Committee on Legal Services, and the Legislative Council by either the President of the Senate or Speaker of the House and are approved by a majority of members in either the House of Representatives or the Senate. The bill specifies that the appointing authority for each of the three applicable committees may make appointments to temporarily replace a current committee member.
  • SB 16-163 – Concerning a Study of an Organizational Recoding of Title 12 of the Colorado Revised Statutes Governing Professions and Occupations, and, in Connection Therewith, Making an Appropriation, by Sen. Michael Johnston and Rep. Daniel Kagan. The bill requires the Office of Legislative Legal Services to study a recodification of Title 12 of the Colorado Revised Statutes, which contains state laws regulating professions and occupations. OLLS must solicit input, including estimates of the fiscal impact, from the Judicial Department, specified state agencies, local governments with regulatory authority, representatives of the regulated professions and occupations, and the public.
  • SB 16-164 – Concerning Clarification that a Private Probation Supervision Provider can File Legal Process Against a Probationer Under His or Her Supervision, by Sen. John Cooke and Rep. Pete Lee. The bill allows a private probation provider to issue a summons and file a complaint with the court for a defendant under his or her supervision.
  • SB 16-165 – Concerning the Requirements for an Insurance Company to be Deemed to Maintain a Home Office or Regional Home Office in This State for Purposes of the Tax on Insurance Premiums Collected by the Insurance Company, by Sen. Kevin Grantham and Rep. Dave Young. The bill expands the criteria that an insurance company may satisfy in order to qualify for a reduced insurance premium tax rate. Specifically, it removes the requirement that companies that maintain significant direct insurance operations perform specific operational functions in Colorado in order to qualify for the lower insurance premium tax paid by companies with home offices or regional home offices in Colorado.
  • SB 16-166 – Concerning the Creation of Transportation Fuel Distributors’ Tax Liens, by Sen. Laura Woods and Rep. Daniel Kagan. The bill allows a fuel distributor to file a lien against a fuel retailer for any unreimbursed gasoline and special fuel taxes that the distributor pays to the Department of Revenue. It also establishes the priority for the lien and requirements for filing and enforcing the lien.
  • SB 16-167 – Concerning a Reduction in the Severance Tax Occupational Fund Reserve for the 2016-17 Fiscal Year, by Sen. Kevin Grantham and Rep. Bob Rankin. Under current law, the reserve requirement for the Severance Tax Operational Fund for a given fiscal year is equal to total operating appropriations for Tier 1 programs and 15 percent of Tier 2 transfers. This bill reduces the portion of the reserve requirement based on the Tier 1 programs by $2.98 million for FY 2016-17 only.
  • SB 16-172 – Concerning the Election by a Person to Receive Electronic Notification of Certain Information from a County Relating to a Pending Property Tax Dispute, by Sen. Laura Woods and Reps. Max Tyler & Perry Buck. Under current law, a county board of equalization must mail notices of hearings and decisions to the petitioner’s who dispute property tax valuations made by the county assessor. This bill allows a board of county commissioners to pass ordinances allowing for notices of hearings for the abatement and refund of taxes, notices of hearings for petitions for appeal, and decisions related to these hearings to be emailed or faxed to the petitioner or the petitioner’s agent.
  • SB 16-173 – Concerning Authorization for Golf Cars to Cross State Highways in Order to Use a Local Road as Authorized by Local Authorities, by Sen. Rollie Heath and Rep. KC Becker. The bill allows a local authority to authorize a person driving a golf car on a local road to cross a state highway at an at-grade crossing in order to continue traveling on the local road.
  • SB 16-178 – Concerning the Grand Junction Regional Center Campus, by Sens. Kent Lambert & Andy Kefalas and Reps. Dave Young & J. Paul Brown. The bill directs the Department of Human Services, within the parameters of certain guiding principles related to relocating individuals receiving services on the campus to home-like settings of their choosing, to vacate the Grand Junction Regional Center campus and list the campus for sale no later than July 1, 2018.
  • SB 16-179 – Concerning Improvements to the Processes Used by the Department of Labor and Employment Regarding the Employment Classification of an Individual for Purposes of Unemployment Insurance Eligibility, and, in Connection Therewith, Making an Appropriation, by Sens. Ellen Roberts & Rollie Heath and Reps. Brian DelGrosso & Pete Lee. The bill directs the Colorado Department of Labor and Employment to develop guidance on and establish a position to serve as a resource for employers on the proper classification of workers for unemployment insurance purposes, audit findings, and options for appealing or curing an audit.
  • SB 16-180 – Concerning a Specialized Program Within the Department of Corrections for Certain Offenders who were Convicted as Adults for Offenses They Committed as Juveniles, and, in Connection Therewith, Making an Appropriation, by Sens. Laura Woods & Cheri Jahn and Reps. Daniel Kagan & Kim Ransom. The bill requires the Department of Corrections to create a specialized program for offenders who committed a felony as a juvenile and were sentenced as an adult.
  • SB 16-181 – Concerning the Sentencing of Persons Convicted of Class 1 Felonies Committed While the Persons Were Juveniles, by Sens. Laura Woods & Cheri Jahn and Reps. Daniel Kagan & Timothy Dore. The bill allows for juvenile offenders who were sentenced to a life sentence without the possibility of parole for a class 1 felony committed as a juvenile between July 1, 1990, and July 1, 2006, to petition the court for a resentencing hearing. It specifies factors that can be considered in order to make a finding of the presence of extraordinary mitigating circumstances, such as the offender’s age and maturity level at the time of the crime, and his or her capacity for rehabilitation.
  • SB 16-183 – Concerning a Clarification of the General Assembly’s Intent to Maintain the Public Utilities Commission’s Authority Over Basic Emergency Services while Prohibiting the Regulation of Internet-Protocol-Enabled Services by Defining the Term “Basic Emergency Service” in a Manner that is Consistent with Such Intent, and, in Connection Therewith, Making an Appropriation, by Sens. Mark Scheffel & Andy Kerr and Reps. Angela Williams & Polly Lawrence. The bill clarifies that the Public Utilities Commission in the Department of Regulatory Agencies has no regulatory authority over the originating service providers of basic emergency service.
  • SB 16-186 – Concerning Disclosure Requirements to be Applied to Small-Scale Issue Committees Under Colorado Law Governing Campaign Finance, and, in Connection Therewith, Making an Appropriation, by Sen. Jack Tate and Rep. Susan Lontine. The bill defines a small-scale issue committee as an issue committee that has accepted or made contributions or expenditures in an amount that does not exceed $5,000 during an applicable election cycle for the purpose of supporting or opposing any ballot issue or question. This bill amends the disclosure, reporting, and registration requirements for small-scale issue committees under the Fair Campaign Practices Act.
  • SB 16-197 – Concerning the Retail Sale of Alcohol Beverages, and, in Connection Therewith, Restricting the Issuance of New Liquor-Licensed Drugstore and Retail Liquor Store Licenses Except Under Specified Circumstances; Allowing Liquor-Licensed Drugstore and Retail Liquor Store Licensees to Obtain Additional Licenses Under Limited Circumstances; Repealing the Limit on the Alcohol Content of Fermented Malt Beverages on January 1, 2019; and Making an Appropriation, by Sen. Pat Steadman and Reps. Angela Williams & Dan Nordberg. The bill makes several changes to laws related to the licensing of liquor-licensed drugstores and retail liquor stores licensed with the Liquor Enforcement Division within the Department of Revenue. Click here to read the governor’s press release about this bill.
  • SB 16-199 – Concerning Programs of All-Inclusive Care for the Elderly, and, in Connection Therewith, Determining the Capitated Rate for Services and Creating an Ombudsman for Participants in Programs of All-Inclusive Care for the Elderly, and Making an Appropriation, by Sens. Ray Scott & Pat Steadman and Reps. Brian DelGrosso & Joann Ginal. The bill requires that contracts between the Department of Health Care Policy and Financing and organizations providing a program of all-inclusive care for the elderly include the negotiated monthly capitated rate for services. The rate must be less than the amount that would have been paid for services to the PACE participant under the regular Medicaid state plan if the person were not enrolled in PACE.
  • SB 16-208 – Concerning Maintaining the Same Funding Calculation for a Charter School that Converts from a District Charter School to an Institute Charter School or from an Institute Charter School to a District Charter School, by Sen. Owen Hill and Reps. Angela Williams & Lang Sias. The bill clarifies that if a district charter school converts to an institute charter school, or an institute charter school converts to a district charter school, the converted school’s funding is still calculated using the formula that applied to the school before the conversion.
  • SB 16-217 – Concerning Measures to Expedite the Litigation of Workers’ Compensation Claims, by Sen. Owen Hill and Rep. Angela Williams. The bill establishes new requirements concerning the reduction of workers’ compensation payments in cases that involve an admission of liability by an employer and propose to reduce the amount of compensation paid to a claimant.
  • SB 16-218 – Concerning Matters Related to State Severance Tax Refunds, by Sens. Kent Lambert & Pat Steadman and Reps. Millie Hamner & Bob Rankin. The bill addresses a severance tax refund obligation arising as a result of the Colorado Supreme Court’s April 25, 2016, decision in BP America v. Colorado Department of Revenue. The bill creates a mechanism for refunds of severance tax revenue to businesses, including businesses that revise their severance tax returns to claim additional tax deductions for tax years 2012 through 2015.

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