August 24, 2019

Appointments Announced to New Title Insurance Commission

Last legislative session, SB 15-210, “Concerning Creation of the Title Insurance Commission, and, in Connection Therewith, Making an Appropriation,” was enacted, requiring the development of a nine-member Title Insurance Commission to act as an advisory body to the Insurance Commissioner regarding matters of title insurance. The Title Insurance Commission will propose, advise, and recommend rules, bulletins, and other consumer protection materials for promulgation by the Insurance Commissioner.

On Thursday, August 13, 2015, Governor Hickenlooper appointed the first nine members of the Title Insurance Commission. Three of the appointees must be licensed employees of title insurance companies with not less than five years’ experience, three must be licensed employees of title insurance companies meeting certain qualifications regarding geographic diversity, and three must be members of the public at large and not be engaged in the business of title insurance. Governor Hickenlooper’s appointees are:

  • Phillip Michael Schreiber of Littleton, to serve as a licensed employee of a title insurance company with not less than five years of experience in the title insurance business; for a term expiring August 5, 2017;
  • Alexander Pankonin of Denver, to serve as a resident title insurance agent with not less than five years experience in the title insurance business, for a term expiring August 5, 2017;
  • Gary Glenn of Tabernash, to serve as an at-large public member who is not engaged in the business of title insurance and resides outside of a standard metropolitan area, for a term expiring August 5, 2017;
  • Charles Hallack Cowperthwaite of Littleton, to serve as an at-large public member who is not engaged in the business of title insurance, for a term expiring August 5, 2017;
  • Paul David Dickard of Aurora, to serve as a licensed employee of a title insurance company that has netted admitted assets of less than $500 million, with not less than five years of experience in the title insurance business, for a term expiring August 5, 2019;
  • Carl Phillip Laffin of Highlands Ranch, to serve as a licensed employee of a title insurance company that has netted admitted assets of more than $500 million, with not less than five years of experience in the title insurance business, for a term expiring August 5, 2019;
  • Jason Duncan of Alamosa, to serve as a resident title insurance agent with not less than five years experience in the title insurance business, for a term expiring August 5, 2019;
  • Patrick Alan Rice of Superior, to serve as a resident title insurance agent with not less than five years experience in the title insurance business, for a term expiring August 5, 2019;
  • Mary Renee Babkiewich of Denver, to serve as an at-large public member who is not engaged in the business of title insurance, for a term expiring August 5, 2019.

For more information about the role of the Title Insurance Commission, click here.

New Crowdfunding Rules Released by Division of Securities

The Colorado Crowdfunding Act, HB 15-1246, was signed into law by Governor Hickenlooper on April 13, 2015, with an effective date of August 5, 2015. The goal of the Act was to increase equity opportunities for Colorado start-ups by creating a crowdfunding option with limitations to protect investors. The Act required the Securities Commissioner to promulgate rules and regulations in order to protect small businesses and investors.

The Colorado Department of Regulatory Agencies’ Division of Securities released comprehensive new crowdfunding rules on Thursday, July 30, 2015. The regulations are available here. The Division of Securities also issued guidelines about the new rules, noting that before a business can take advantage of the new crowdfunding rules it must file various forms with the Division of Securities; there are limits to how much money can be raised and how much individual investors can contribute; and all aspects of the transaction must take place between Colorado residents. The Division’s guidelines are available here.

HB 12-1332: Mandating Licensure of Anesthesiologist Assistants and Enacting Requirements for Practicing as Anesthesiologist Assistants

On March 29, 2012, Rep. David Balmer and Sen. Lucia Guzman introduced HB 12-1332 – Concerning Licensure of Anesthesiologist Assistants. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits an individual from practicing as an anesthesiologist assistant without a license issued by the Colorado medical board, effective July 1, 2013. In order to be licensed as an anesthesiologist assistant, an applicant must be at least 21 years of age and have:

  • Successfully completed an education program for anesthesiologist assistants that conforms to standards delineated by the commission on accreditation of allied health education programs and approved by the board;
  • Successfully completed the national certifying examination for anesthesiologist assistants that is administered by the national commission for certification of anesthesiologist assistants; and
  • Submitted an application to the board in the manner designated by the board and paid the appropriate fee established by the board.

The bill allows a physician who specializes in anesthesiology to delegate medical tasks to a licensed anesthesiologist assistant, including the authority to administer medications. The tasks are limited to the medical functions that constitute the delivery of or provision of anesthesia services as practiced by the supervising physician.

An anesthesiologist assistant is subject to the same standards for licensing, unprofessional conduct, and discipline that exist for physician assistants. The bill was amended by the Health and Environment Committee on April 3 and referred to the full House for consideration on 2nd Reading.

Since this summary, the bill passed the Second Reading with amendments and was laid over daily for third reading.

Summaries of other featured bills can be found here.

HB 12-1311: Extension of Sunset Review for State Board of Pharmacy and Regulation of Pharmacists

On February 20, 2012, Rep. Ken Summers and Sen. Betty Boyd introduced HB 12-1311 – Concerning Continuation of the State Board of Pharmacy, and, In Connection Therewith, Implementing the Recommendations Contained in the Sunset Review and Report Regarding the Board and Recodifying the Laws Regulating Pharmacists, the Practice of Pharmacy, and the Manufacture, Distribution, and Dispensing of Prescription Drugs and Controlled Substances. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Sunset Process – House Health and Environment Committee.

The bill implements the recommendations of the sunset review and report on the Colorado State Board of Pharmacy. The bill continues the state board of pharmacy and its functions and the regulation of the practice of pharmacy through September 1, 2021. The bill also recodifies and relocates the laws regulating pharmacists and the practice of pharmacy by the board from article 22 in title 12, C.R.S., to a new article 42.5 in title 12, C.R.S. The bill relocates laws pertaining to the licensing of addiction programs and researchers by the department of human services to a new part 2 in article 80 of title 27, C.R.S.

On March 8 the Health and Environment Committee amended the bill and sent it to the Finance Committee. On March 21 the Finance Committee amended the bill and moved it to the Appropriations Committee. The bill is scheduled to go before the Appropriations Committee on Tuesday, April 10 at 7:30 a.m.

Since this summary, the House Appropriations Committee amended the bill and referred it to the Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1297: Extending the Sunset of the Committee on Anti-Competitive Conduct for Physicians

On February 13, 2012, Rep. Bob Gardner and Sen. Lois Tochtrop introduced HB 12-1297 – Concerning the Committee on Anticompetitive Conduct, and, In Connection Therewith, Continuing the Committee’s Statutory Authorization Until September 1, 2013. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Sunset Process – House Judiciary Committee.

The bill extends the statutory authorization for the committee on anticompetitive conduct until September 1, 2013, and expresses support for constructive discussion among licensed professionals and other interested parties regarding the proper role, structure, and functions of the committee if it is continued beyond that date. The bill cleared the House on March 27 with amendments. The bill is assigned to the Judiciary Committee in the Senate.

Since this summary, the bill was referred unamended by the Senate Judiciary Committee to the Consent Calendar for the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1110: Appraisal Management Companies for Real Estate Appraisers

On January 20, 2012, Rep. Angela Williams and Sen. Morgan Carroll introduced HB 12-1110 – Concerning the Regulation of Appraisal Management Companies. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In compliance with federal law, Colorado currently requires the licensing of real estate appraisers. In order to promote enhanced consumer protection, recently adopted federal guidelines now require mortgage lenders to use entities known as appraisal management companies, which hire licensed real estate appraisers, to value property for lending purposes. Appraisal management companies are not currently subject to regulation under Colorado law.

The bill authorizes the board of real estate appraisers in the division of real estate in the department of regulatory agencies to regulate appraisal management companies. Necessary terminology is defined and the registration of appraisal management companies is required. The bill sets forth the requirements for registration and exemptions for certain types of activities. The bill amends the section creating the board of real estate appraisers by adding a member who is an officer or employee of an appraisal management company and subtracting one public member. Requirements for owners and controlling persons of appraisal management companies are established, including a requirement that certain persons submit information, including fingerprints, for criminal history record checks. The bill sets forth prohibited activities and grounds for disciplinary action against appraisal management companies and owners and controlling persons. Administrative and criminal penalties for violations are established, and the board of real estate appraisers is granted the power to administer the provisions of the bill.

The bill requires real estate appraisers to maintain errors and omissions insurance. Appraisal management companies are required to post with the board a surety bond in the amount of $25,000.

The bill makes conforming amendments to existing statutes to make them consistent with the changes made in the bill. The bill is assigned to the Economic and Business Development Committee; the bill is scheduled for committee review on Tuesday, February 21 at 1:30 p.m.

Summaries of other featured bills can be found here.

HB 12-1059: One Year Exemption from Licensure Requirements for Military Spouses

On January 11, 2012, Rep. Marsha Looper introduced HB 12-1059 – Concerning the Authority of a Person Credentialed in Another State Whose Residence is Determined by Military Orders to Practice an Occupation Regulated by Colorado Law. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill authorizes military spouses to practice in a regulated profession or occupation other than real estate for one year if the spouse is licensed, registered, or certified to practice in another state; there is no other reason to deny the license; and the person consents to be governed by Colorado law. If applying for authority to continue to practice in Colorado, the applicant must notify the agency that the person is practicing in Colorado and include the contact information for the applicant’s employer. If the agency denies the application, the agency notifies the employer. The director of the division of registrations may promulgate rules to implement the bill.

The bill also directs agencies to exempt regulated persons who are on active duty for more than 120 days from the requirement to pay certification fees and complete continuing education that became due during the period of active duty, with the exemption continuing for 6 months after the period of active duty. An agency may accept continuing medical education, training, or service from the armed services in satisfaction of Colorado continuing education requirements.

A service member or spouse who is an emergency medical service provider certified or licensed in another state is exempt from certification in Colorado. The term “emergency medical technician” is changed to “emergency medical service provider” to align with the trend in other states.

On January 31, the Economic and Business Development Committee amended the bill and referred it to the Appropriations Committee.

Summaries of other featured bills can be found here.

SB 12-006: Creating Task Force to Review State Regulatory System and Make More Efficient

On January 11, 2012, Sen. Neville and Rep. Holbert introduced SB 12-006 – Concerning the creation of efficiencies in the state regulatory system. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the committee on legal services to appoint a task force (COLS task force) to review the state’s regulatory system and make recommendations related to whether:

  • The current system creates a regulatory advantage to one segment of an industry at the expense of another;
  • The existing availability of cost-benefit analysis needs strengthening in order to produce meaningful measures of adverse impacts on consumers and private industry;
  • The enforcement practices of the current system, if any, create perverse incentives for unreasonably punitive fines and penalties on private parties;
  • Economic conditions merit a downsizing of the regulatory body with resulting reduction of financial compliance costs;
  • A particular regulated industry is regulated in an outmoded form of regulation that is no longer advisable;
  • Currently regulated industries are regulated by other means;
  • Continued regulation of the regulated industry is justified;
  • The current system regulates fewer businesses than it did in a previous state fiscal year; and
  • Compliance costs could be reduced or eliminated at no risk to the public welfare or environment and at no risk of creating or protecting a monopoly.

The COLS task force must report to the committee on legal services by January 1, 2013, and the committee on legal services must then recommend to the general assembly such legislation regarding the findings and recommendations of the COLS task force as may be necessary. The bill also addresses the circumstances under which staff assistance will be available for the COLS task force.

Summaries of other featured bills can be found here.

HB 12-1015: Modifying the Sunrise Review for Proposals to Regulate an Unregulated Profession or Occupation

On January 11, 2012, Rep. Holbert and Sen. Neville introduced HB 12-1015 – Concerning the procedure for the review of a proposal to regulate an unregulated profession or occupation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, persons proposing the regulation of a currently unregulated professional or occupational group must submit the proposal to the department of regulatory agencies, and the department normally must conduct a sunrise review and analysis of, and issue a sunrise report and recommendations on, the proposed regulation within 120 days after the proposal was submitted. However, the department need not conduct a sunrise review of a proposal if the department finds that specified conditions are met.

The bill modifies the sunrise review process for analyzing proposals to regulate an unregulated professional or occupational group submitted on or after July 1, 2012. The changes to the sunrise process do not affect proposals to regulate a profession or occupation that are submitted prior to July 1, 2012.

Summaries of other featured bills can be found here.

DORA Amends Rules Regarding Midwives Registration

DORA has proposed to amend the rules regarding midwives registration. The basis and purpose of the proposed rules is to implement the provisions of SB 11-088 and to make conforming amendments to existing rules pertaining to the regulation of direct-entry midwives.

A hearing on the proposed rules will be held on Tuesday, October 25, 2011 at 1560 Broadway, Conference Room 110 D, Denver, Colorado 80202, beginning at 9:00 am.

Full text of the proposed rules including red line edits can be found here. Further information about the rules and hearing can be found here.

Division of Real Estate Proposes New Rule About Transferring Conservation Easements to Non-Certified Entities

The DORA Division of Real Estate has proposed a new rule for the conservation easement certification program. The purpose of this rule is to prevent a non-certified organization from holding a transferred conservation easement for which a tax credit is claimed. The rule applies to any nonprofit entity and any government entity that holds a conservation easement for which a tax credit is claimed.

A hearing on the proposed rule will be held on Monday, October 24, 2011 at 1560 Broadway, Suite 1250 C, Denver, Colorado 80202, beginning at 10:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.

Division of Insurance Proposes New Rule Regarding Contraception Coverage

The DORA Division of Insurance has proposed a new rule to require contraception benefits in insurance policies. The purpose of this regulation is to implement Colorado insurance law and ensure that carriers are providing coverage for contraception in policies in the same manner as any other sickness, injury, disease, or condition is otherwise covered under the policy or contract.

The requirements and provisions of this new regulation apply to all group sickness and accident insurance policies and health service contracts issued to an employer and all individual sickness and accident, health care, or indemnity contracts; it does not apply to supplemental policies covering a specified disease or other limited benefits.

A hearing on the new rule will be held on Monday, October 3, 2011 at 1560 Broadway, Suite 850, Denver, Colorado 80202, beginning at 11:00 am.

Full text of the proposed rule can be found here. Further information about the rule and hearing can be found here.