August 13, 2018

Colorado Court of Appeals: No Violation of Open Meetings Law in Establishing Process to Refer Physicians for Disciplinary Investigations Related to MMJ Prescriptions

The Colorado Court of Appeals issued its opinion in John Doe No. 1-9 v. Colorado Department of Public Health and Environment on Thursday, July 26, 2018.

Open Meetings LawState Public BodyAdministrative Procedure Act—Colorado Open Records Act—Attorney Fees and CostsMedical MarijuanaC.R.S. § 24-4-106(8)—Final Agency Action.

The Colorado Constitution authorizes physicians to recommend the medical use of marijuana for patients with debilitating medical conditions. The Colorado Department of Public Health and Environment (CDPHE) is designated as “the state health agency” to administer Colorado’s medical marijuana program and is required to promulgate rules to administer the program. CDPHE created the medical marijuana registry to meet its requirement to establish a confidential registry of patients who are entitled to receive medical marijuana cards.

CDPHE has discretion to refer physicians to the Colorado Medical Board (the Board) for violations of medical marijuana laws. The Board, which is entirely separate from CDPHE and is housed under the Department of Regulatory Agencies, determines whether such violations exist.

Wolk, the CDPHE executive director, and Riggins, the state registrar and director of the Medical Marijuana Registry, (collectively, the Department) referred John Does 1 through 9 (collectively, the Doctors) to the Board for investigation of unprofessional conduct involving the Doctors’ certification of patients for the use of medical marijuana. The Department based its referrals on its medical marijuana policy (the Policy).

The Doctors then submitted Colorado Open Records Act (CORA) requests to the Department and the Board, seeking public records about, among other things, the Policy. The Department responded to the request, but withheld certain documents. The Doctors then brought this action against the Department and the Board, alleging violations of Colorado’s Open Meetings Law (OML) and the State Administrative Procedure Act (APA) and seeking injunctive and declaratory relief. The district court dismissed the claims against the Board and granted summary judgment on the Doctors’ OML and APA claims against the Department and, as a result, declared the Policy void.

On appeal, the Department argued for reversal of the summary judgment, contending that the entire agency cannot constitute a “state public body” under the OML, so the OML doesn’t apply. Under the OML’s plain language, the Department is not a state public body. Thus, the district court erred in granting summary judgment on the Doctors’ OML claim against the Board.

The Doctors challenged the dismissal of their OML claim against the Board. However, they did not allege that the Board had authority to enact or implement the Policy, or that it had enacted the Policy. Thus, even accepting as true the Doctors’ allegations that Board employees attended meetings to discuss and develop the Policy, the complaint failed to allege facts showing a link between the meetings and the Board’s policy-making powers. Thus, the Board is not subject to the OML.

The Doctors also challenged the denial of their request for attorney fees and costs under the OML. Given the case disposition, the court of appeals rejected the request.

The Department also argued that the district court erred in finding that the APA applied to the Department referrals because they are not a “final agency action” under the APA. Subject to an exception under C.R.S. § 24-4-106(8), only final agency action is subject to review. The referrals were not final; they didn’t determine anything, and it is uncertain whether an investigation will result in a finding of a violation or any other action. The Doctors sought to enjoin the referrals under the C.R.S. § 24-4-106(8) exception, which allows interlocutory review of agency actions in which a party will suffer irreparable harm. But to fit under the exception, the referrals must be a “proceeding” under the APA, which they are not. The district court erred in granting summary judgment on the Doctors’ APA claims against the Department based on the referrals.

The Doctors further argued that the Policy itself was a final agency action that did not comply with the APA’s rulemaking requirements. Here, the Policy was not binding and did not confer any power the Department did not already have, so it fell within the APA’s exception to the notice and hearing rulemaking requirements.

The Doctors also objected to the dismissal of the APA claims against the Board. However, they developed no argument in their opening brief about how the APA applies to the Board, and their discussion of the APA in their reply brief was too late.

The Doctors next argued that the district court erred in denying an award for attorney fees and costs associated with their request to obtain access to public documents under CORA. A party requesting an order to show cause for the disclosure of public records is not entitled to attorney fees and costs if the requesting party has filed a lawsuit against a state public body and the records relate to the pending litigation and are otherwise discoverable under the rules of civil procedure, which was the case here. The district court did not err in denying attorney fees and costs under CORA.

The judgment was affirmed in part and reversed in part, and the case was remanded with directions.

Summary provided courtesy of Colorado Lawyer.

Lieutenant Governor Lynne Signs Final Bills of 2018 Legislative Session

On Wednesday, June 6, 2018, Lieutenant Governor Donna Lynne signed the final bills of the 2018 legislative session into law in Governor Hickenlooper’s absence. Lt. Gov. Lynne signed 35 bills into law. During the 2018 legislative session, 421 bills were signed into law, 9 were vetoed, and 2 were sent to the Secretary of State without a signature. The bills signed Wednesday are summarized here.

  • SB 18-015 – “Concerning the ‘Protecting Homeowners and Deployed Military Personnel Act,'” by Sens. Bob Gardner & Owen Hill and Reps. Dave Williams & Larry Liston. The bill directs a peace officer to remove a person from a residential premises and to order the person to remain off the premises if the owner or owner’s authorized agent (declarant) swears to a declaration making specified statements concerning ownership of the premises and the lack of authority for the person or persons who are on the premises to be there.
  • SB 18-038 – “Concerning the Allowable Uses of Reclaimed Domestic Wastewater, and, in Connection Therewith, Allowing Reclaimed Domestic Wastewater to be Used for Industrial Hemp Cultivation and Making an Appropriation,” by Sens. Kerry Donovan & Don Coram and Reps. Daneya Esgar & Yeulin Willett. The bill codifies rules promulgated by the water quality control commission of the Colorado department of public health and environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water.
  • SB 18-068 – “Concerning Criminalizing False Reports,” by Sens. John Cooke & Kevin Van Winkle and Rep. Jeff Bridges. Under current law, there is a crime of false reporting to authorities. The bill creates a crime of false reporting of an emergency by criminalizing an act of false reporting to authorities that includes a false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.
  • SB 18-225 – “Concerning the Definition of an Early College for Purposes of the ‘Concurrent Enrollment Programs Act,'” by Sen. Kent Lambert and Rep. Millie Hamner. Under the existing statute, an early college is not subject to the requirements of the ‘Concurrent Enrollment Programs Act’. The bill amends the definition of ‘early college’ to specify that an early college must provide only a curriculum that is designed to be completed within 4 years and includes concurrent enrollment in high school and postsecondary courses such that, when a student completes the curriculum, the student has attained a high school diploma and a postsecondary credential or at least 60 credit hours toward completion of a postsecondary credential.
  • SB 18-245 – “Concerning the Disposal of Naturally Occurring Radioactive Materials,” by Sen. John Cooke and Rep. Jeni James Arndt. Current law allows the state board of health to adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) only after the federal environmental protection agency has adopted rules concerning the disposal of NORM. The EPA has not adopted the rules. The bill repeals this prohibition and requires the state board to adopt rules, which must also regulate technologically enhanced NORM (TENORM), by December 31, 2020.
  • SB 18-250 – “Concerning the Provision of Jail-based Behavioral Health Services, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Kent Lambert and Reps. Pete Lee & Dave Young. The bill continues to allow the correctional treatment cash fund to be used to provide treatment for persons with mental and behavioral health disorders who are being served through the jail-based behavioral health services program.
  • SB 18-251 – “Concerning Establishing a Statewide Behavioral Health Court Liaison Program, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Kent Lambert and Reps. Dave Young & Pete Lee. The bill establishes in the office of the state court administrator a statewide behavioral health court liaison program. The purpose of the program is to identify and dedicate local behavioral health professionals as court liaisons in each state judicial district to facilitate communication and collaboration among judicial, health care, and behavioral health systems.
  • SB 18-255 – “Concerning the Use of Electronic Formats in the Issuance of Certificates of Title for Vehicles,” by Sen. Jack Tate and Reps. Jeni James Arndt & Edie Hooten. Current law provides that a record may not be denied effect merely because it is electronic. The bill clarifies that this applies to documents needed to obtain a certificate of title and electronic signatures.
  • SB 18-259 – “Concerning the Taxation of Retail Marijuana by Local Governments, and, in Connection Therewith, Making an Appropriation,” by Sen. Jim Smallwood and Rep. Dan Pabon. The bill imposes general taxation requirements on local government.
  • SB 18-267 – “Concerning the Creation of the Justice Center Maintenance Fund,” by Sens. John Kefalas & Randy Baumgardner and Reps. Jon Becker & Chris Hansen. The bill creates the justice center maintenance fund that consists of money appropriated by the general assembly to the maintenance fund from the justice center cash fund to be used for controlled maintenance needs of the Ralph L. Carr Colorado judicial center.
  • SB 18-269 – “Concerning Providing Funding for Local Education Providers to Implement School Security Improvements to Prevent Incidences of School Violence, and, in Connection Therewith, Creating the School Security Disbursement Program,” by Sens. Tim Neville & Dominick Moreno and Reps. Patrick Neville & Jeff Bridges. The bill creates the school security disbursement program in the department of public safety. A school district, charter school, institute charter school, or board of cooperative services may apply for a disbursement by submitting an application to the department. A disbursement recipient may use the money for one or more of the purposes specified in the bill, which include building improvements to enhance security and training for school personnel.
  • SB 18-280 – “Concerning a Transfer from the General Fund to the Tobacco Litigation Settlement Cash Fund to be Allocated to the Programs, Services, and Funds that Currently Receive Tobacco Litigation Settlement Money,” by Sen. Kent Lambert and Rep. Millie Hamner. The bill requires the state treasurer to transfer $19,965,068 from the general fund to the tobacco litigation settlement cash fund on July 1, 2018. This money is allocated for the 2018-19 fiscal year to the programs, services, and funds that receive tobacco litigation settlement money to supplement the allocation of settlement money that those programs, services, and funds will otherwise receive.
  • HB 18-1042 – “Concerning the Creation of a Program to Authorize Private Providers to Register Commercial Vehicles as Class A Personal Property, and, in Connection Therewith, Making and Reducing an Appropriation,” by Reps. Jon Becker & Joann Ginal and Sens. Ray Scott & Rachel Zenzinger. The bill creates the expedited registration program. The program authorizes the department of revenue to promulgate rules authorizing private providers to register interstate commercial vehicles. The provider may collect and retain a convenience fee.
  • HB 18-1077 – “Concerning the Penalty for a Person who Commits Burglary to Acquire Firearms, and, in Connection Therewith, Making an Appropriation,” by Reps. Larry Liston & Donald Valdez and Sens. Leroy Garcia & Ray Scott. In current law, second degree burglary is a class 4 felony, but it is a class 3 felony under 2 specified circumstances. The bill designates a third type of second degree burglary as a class 3 felony: that is, a burglary, the objective of which is the theft of one or more firearms or ammunition.
  • HB 18-1146 – “Concerning the Continuation Under the Sunset Law of the Measurement Standards Law,” by Rep. Jovan Melton and Sen. Don Coram. The bill implements the recommendations of the department of regulatory agencies in its sunset review and report on the measurement standards law by extending the law for 15 years.
  • HB 18-1156 – “Concerning Limitations on Penalties for Truancy,” by Rep. Pete Lee and Sen. Chris Holbert. The bill clarifies in the Colorado Children’s Code and in the ‘School Attendance Law of 1963’ that a ‘delinquent act’ does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding.
  • HB 18-1200 – “Concerning Cybercrime, and, in Connection Therewith, Criminalizing Using a Computer to Engage in Prostitution of a Minor, Criminalizing Skimming Payment Cards, Making Changes to the Penalty Structure for Cybercrime, and Making an Appropriation,” by Reps. Paul Lundeen & Alec Garnett and Sens. Rhonda Fields & Don Coram. The bill changes the name of the crime computer crime to cybercrime. The bill makes soliciting, arranging, or offering to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof, a cybercrime.
  • HB 18-1218 – “Concerning the Definition of a Charitable Organization for Purposes of State Sales and Use Tax, and, in Connection Therewith, Removing the Limitation that a Veterans’ Organization Only Gets the Charitable Organization Exemption for Purposes of Sponsoring a Special Event, Meeting, or Other Function in the State, So Long as Such Event, Meeting, or Function is Not Part of the Organization’s Regular Activities in the State,” by Reps. Terri Carver & Jovan Melton and Sens. Nancy Todd & Larry Crowder. The bill makes state law consistent with federal law and will treat veterans’ organizations registered under section 501 (c)(19) of the federal internal revenue code the same way as veterans’ organizations registered under section 501 (c)(3) of the federal internal revenue code.
  • HB 18-1234 – “Concerning Clarification of the Laws Governing Simulated Gambling Activity,” by Reps. KC Becker & Paul Lundeen and Sen. Kent Lambert. The bill amends the definitions of key terms such as ‘gambling’, ‘prize’, and ‘simulated gambling device’ as used in the criminal statutes governing simulated gambling devices and specifies that unlawful offering of a simulated gambling device occurs if a person receives payment indirectly or in a nonmonetary form for use of a simulated gambling device.
  • HB 18-1302 – “Concerning the Allowance of the Department of Public Health and Environment to Waive Certification Requirements for Toxicology Laboratories that have been Accredited by an Entity Using Recognized Forensic Standards,” by Reps. Joann Ginal & Lois Landgraf and Sen. Vicki Marble. Current law allows the department of public health and environment to waive certain certification requirements for toxicology laboratories that are accredited by the American board of forensic toxicology or the international standards organization. The bill changes the waiver requirement to allow the department to waive certification requirements if the laboratory is accredited by an entity using nationally or internationally recognized forensic standards.
  • HB 18-1303 – “Concerning Exemption of Nonprofit Youth Sports Organization Coaches from the ‘Colorado Employment Security Act,'” by Reps. Cole Wist & Alec Garnett and Sen. Jack Tate. The bill exempts from the definition of ’employment’ under the ‘Colorado Employment Security Act’ nonprofit youth sports organization coaches if there is a written agreement between the coach and the organization that meets certain requirements, including a statement that the coach is an independent contractor.
  • HB 18-1313 – “Concerning the Allowance of a Pharmacist to Serve as a Practitioner under Certain Circumstances,” by Reps. Joann Ginal & Jon Becker and Sens. Irene Aguilar & Kevin Priola. The bill clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication under the ‘Colorado Medical Assistance Act’ and a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement.
  • HB 18-1314 – “Concerning Prohibiting the Use of Unmanned Aircraft Systems to Obstruct Public Safety Operations,” by Reps. Joann Ginal & Polly Lawrence and Sen. John Cooke. The bill states that, as used in the existing criminal offense of obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer, the term ‘obstacle’ includes an unmanned aircraft system.
  • HB 18-1335 – “Concerning the Colorado Child Care Assistance Program, and, in Connection Therewith, Establishing Eligibility Requirements for All Counties and Creating a New Formula to Determine the Amount of Block Grants to Counties,” by Rep. Dave Young and Sen. Kevin Lundberg. For providers under the Colorado child care assistance program, the bill requires the state department of human services, in consultation with the counties, annually to contract for a market rate study of provider rates for each county.
  • HB 18-1342 – “Concerning a Requirement that a Common Interest Community Created in Colorado Before July 1, 1992, Comply with a Provision of the ‘Colorado Common Interest Ownership Act’ that Allows a Majority of the Unit Owners in a Common Interest Community to Veto a Budget Proposed by the Executive Board of the Common Interest Community,” by Rep. Jovan Melton and Sen. Nancy Todd. The bill requires a common interest community that predates the Act to allow its unit owners to veto, by majority vote, a budget proposed by the common interest community’s executive board; except that the bill does not apply to a common interest community that predates the Act if the common interest community’s declaration sets a maximum assessment amount or provides a limit on the amount that the common interest community’s annual budget may be increased.
  • HB 18-1350 – “Concerning the Sales and Use Tax Treatment of Equipment Used to Manufacture New Metal Stock from Scrap or End-of-Life-Cycle Metals, and, in Connection Therewith, Making an Appropriation,” by Rep. Tracy Kraft-Tharp and Sen. Kevin Priola. Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. Manufacturing is currently defined to include the processing of recovered materials. The bill expands the definition of recovered materials to include materials that have been derived from scrap metal or end-of-life-cycle metals for remanufacturing, reuse, or recycling into new metal stock that meets applicable standards for metal commodities sales.
  • HB 18-1363 – “Concerning Legislative Recommendations of the Child Support Commission, and, in Connection Therewith, Making an Appropriation,” by Reps. Jonathan Singer & Lois Landgraf and Sen. Larry Crowder. The bill implements several recommendations from the child support commission.
  • HB 18-1373 – “Concerning the Use of the State Telecommunications Network by Private Entities Through Public-Private Partnerships, and, in Connection Therewith, Relocating Laws Related to the State Telecommunications Network from the Department of Public Safety’s Statutes to the Statutes Regarding Telecommunications Coordination within State Government,” by Reps. Jon Becker & Chris Hansen and Sens. Randy Baumgardner & John Kefalas. The bill authorizes private entities to use the state telecommunications network through public-private partnerships considered, evaluated, and accepted by the chief information officer and relocates laws related to the state telecommunications network from the department of public safety’s statutes to the statutes regarding telecommunications coordination within state government.
  • HB 18-1402 – “Concerning Authorization for the State Treasurer to Invest State Money in Investment Grade Securities Issued by Sovereign, National, and Supranational Entities,” by Reps. Polly Lawrence & Dave Young and Sens. Bob Gardner & Angela Williams. The bill authorizes the state treasurer to invest state money in securities issued by a sovereign, national, or supranational entity that are rated at least investment grade by a nationally recognized rating organization.
  • HB 18-1405 – “Concerning an Exception from the Mandatory Reporting Requirements for Persons Providing Legal Assistance to Area Agencies on Aging,” by Rep. Pete Lee and Sen. Bob Gardner. Under current law, staff, and staff of contracted providers, of area agencies on aging are mandatory reporters of the mistreatment of an at-risk elder or an at-risk adult with an intellectual and developmental disability. The bill creates a mandatory reporter exception for attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law.
  • HB 18-1410 – “Concerning Measures to Address Prison Population Increases,” by Reps. Pete Lee & Leslie Herod and Sens. Kevin Lundberg & Daniel Kagan. The bill requires the department of corrections to track the prison bed vacancy rate in both correctional facilities and state-funded private contract prison beds on a monthly basis. If the vacancy rate falls below 2% for 30 consecutive days, the department shall notify the governor, the joint budget committee, the parole board, each elected district attorney, the chief judge of each judicial district, the state public defender, and the office of community corrections in the department of public safety.
  • HB 18-1421 – “Concerning the Procurement Process for Major Information Technology Projects Undertaken by State Agencies, and, in Connection Therewith, Making an Appropriation,” by Rep. Bob Rankin and Sens. Kent Lambert & Jack Tate. The bill requires internal process changes in connection with the procurement process for major information technology (IT) projects as specified.
  • HB 18-1422 – “Concerning Requirements for Marijuana Testing Facilities,” by Rep. Matt Gray and Sen. Cheri Jahn. The bill requires medical and retail marijuana testing facilities to be accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard by a body that is itself recognized by the International Laboratory Accreditation Cooperation by January 1, 2019.
  • HB 18-1429 – “Concerning the Exemption of the Workers’ Compensation Cash Fund from the Maximum Reserve,” by Rep. Millie Hamner and Sen. Kent Lambert. Prior to July 1, 2017, the workers’ compensation cash fund was exempt from the maximum reserve for a cash fund, which limits the year-end uncommitted reserves in a cash fund to 16.5% of the amount expended from the cash fund during the fiscal year. The bill once again exempts the workers’ compensation cash fund from the maximum reserve.
  • HB 18-1437 – “Concerning Eliminating the Requirement that a Person who Participates in College-level Academic Programs through the Correctional Education Program in the Department of Corrections must Bear Entirely the Costs Associated with such Programs,” by Rep. Leslie Herod and Sen. Tim Neville. Under current law, the correctional education program in the department of corrections is required to provide every person in a correctional facility who demonstrates college-level aptitudes with the opportunity to participate in college-level academic programs that may be offered within the correctional facility. The bill removes this stipulation concerning costs and states instead that such costs may be borne through private, local, or federally funded gifts, grants, donations, or scholarships, or by such persons themselves, or through any combination of such funding.

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

Governor Vetoes MMJ for Autism Bill, Investment in Marijuana Businesses Bill, and More

On Tuesday, June 5, 2018, Governor Hickenlooper signed three bills into law and vetoed four bills. To date, he has signed 370 bills, sent two bills to the Secretary of State without a signature, and vetoed nine bills. The bills signed and vetoed Tuesday are summarized here.

Signed

  • HB 18-1136 – “Concerning Treatment for Individuals with Substance Use Disorders, and, in Connection Therewith, Adding Residential and Inpatient Treatment to the Colorado Medical Assistance Program and Making an Appropriation,” by Rep. Brittany Pettersen and Sens. Kevin Priola and Cheri Jahn. The bill adds residential and inpatient substance use disorder services and medical detoxification services to the Colorado medical assistance program. The benefit is limited to persons who meet nationally recognized, evidence-based level of care criteria for residential and inpatient substance use disorder treatment.
  • HB 18-1266 – “Concerning Expanding the Career Development Success Pilot Program,” by Reps. Daneya Esgar & James Wilson and Sens. Owen Hill & Nancy Todd. The bill amends the existing career development success pilot program, which provides a distribution of up to $1,000 to school districts and charter schools for each high school student who successfully completes an identified industry-certificate, internship, or pre-apprenticeship program or computer science advanced placement course. The bill limits the distribution for industry certificates for a single school district or charter school to 10% of the total number of completed industry certificates reported.
  • SB 18-206 – “Concerning Ensuring Affordability at Public Research Universities in Colorado, and, in Connection Therewith, Making an Appropriation,” by Sens. Kevin Priola & Andy Kerr and Reps. Jeni James Arndt & Cole Wist. Under current law, the number of in-state students enrolled at public institutions of higher education is governed by various percentage limits and requirements. The bill standardizes the calculation for public research institutions in several ways.

Vetoed

  • HB 18-1011 – “Concerning Measures to Allow Greater Investment Flexibility in Marijuana Businesses, and, in Connection Therewith, Making an Appropriation,” by Reps. Dan Pabon & Kevin Van Winkle and Sens. Tim Neville & Cheri Jahn. The bill would have repealed certain requirements for marijuana business owners, and would have created and defined two new ownership licenses, controlling beneficial owners and passive beneficial owners, and a new investment type, indirect financial interest holder. The bill also would have given the state licensing authority rulemaking authority related to the parameters of, qualifications of, disclosure of, requirements for, and suitability for the new license types and investment type. “The marijuana industry is organically expanding. While we wish to encourage business opportunity, we must approach capital expansion in the market in a way that is consistent with our federal oversight, and not degrade the robust regulatory system that Colorado worked so hard to establish,” said Governor Hickenlooper in the veto letter.
  • HB 18-1083 – “Concerning a Sales and Use Tax Exemption for Aircraft to be Used by On-Demand Air Carriers,” by Reps. Tracy Kraft-Tharp & Lang Sias and Sens. Jack Tate & Angela Williams. The bill would have created a sales and use tax exemption for aircraft used or purchased for use in interstate or intrastate commerce by an on-demand air carrier. “The bill’s proponents contend that exempting privately purchased aircrafts from sales and use taxes will create jobs in Colorado and prevent certain private aircraft owners from purchasing and storing planes in other states,” said Governor Hickenlooper in the veto letter.  “We are unpersuaded by that argument as stronger data was not presented demonstrating this bill will lead to greater aircraft purchases – specifically, purchases that would not have otherwise occurred in the absence of this bill – and private aircrafts stored in Colorado. We believe that a more comprehensive analysis of tax policy around aircrafts is warranted.”
  • HB 18-1263 – “Concerning Adding Certain Conditions to the List of Disabling Medical Conditions for Medical Marijuana Use, and, in Connection Therewith, Adding Autism Spectrum Disorders,” by Reps. Edie Hooten & Jovan Melton and Sens. Don Coram & Stephen Fenberg. The bill would have added autism spectrum disorders to the list of disabling medical conditions that authorize a person to use medical marijuana for his or her condition. “While we are very sympathetic with families advocating medical marijuana (MMJ) as a safer and more effective treatment for their children, we cannot ignore such overwhelming concerns from the medical community,” said Governor Hickenlooper in the veto letter. He went on to say, “In vetoing this bill, we do so on sole concern that medical efficacy on MMJ to treat ASD has yet to be fully studied by medical professionals and scientific experts entrusted to this role at the Colorado Department of Public Health and Environment (CDPHE).”
  • SB 18-156 – “Concerning the Publication of Fiscal Information by a County,” by Sen. John Cooke and Rep. Chris Kennedy. Current law requires each county to publish a report about its expenses and contracts, the salaries of public employees and officials in the county, and the financial statements for each fund kept by the county treasurer. The expense report is published monthly and the salary report is published twice per year. The bill would have changed the salary report to an annual report. Commencing January 1, 2020, the bill would have allowed a county to publish the expense report, the salary report, and the financial statement on a county website with a link to the report published in at least one legal newspaper. “The underlying law was enacted in a time when newspapers were the dominant, if not sole, form of public information in all communities. For some communities, this is still the norm,” said Governor Hickenlooper in the veto letter. “We are persuaded that the sponsors’ concept is sound and the bill’s time is near. But that time must closely align with full broadband availability throughout the State. To that end, we encourage the sponsors to bring this bill next year with trigger language taking effect not at a date certain, but rather once full broadband buildout is achieved.”

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

Bills Requiring Elected Officials to Swear by “Everliving God,” Providing Representation to Indigent Defendants in Municipal Courts, and More Signed

On Friday, June 1, 2018, Governor Hickenlooper signed 10 bills into law and vetoed three bills. On Monday, June 4, the governor signed seven bills and vetoed two. To date, he has signed 367 bills into law, sent two to the Secretary of State without a signature, and vetoed five bills.

Some of the bills signed include a bill requiring elected officials who choose to swear their oath of office, rather than affirm, to do so by the “everliving God” while raising their hand, a bill allowing transportation services for foster children in order to improve high school graduation rates, a bill allowing independent representation for indigent defendants in municipal courts, and more. Some of the bills vetoed include a bill allowing out-of-state electors to participate in Colorado elections, a bill restricting parties able to receive autopsy reports for minors, and a bill allowing a credit for tobacco products shipped out of state. The bills signed and vetoed Friday are summarized here.

Signed

  • SB 18-003 – “Concerning the Colorado Energy Office,” by Sen. Ray Scott and Reps. Chris Hansen & Jon Becker. The bill repeals several programs providing energy grants for schools, and specifies several preferred energy methods.
  • SB 18-200 – “Concerning Modifications to the Public Employees’ Retirement Association Hybrid Defined Benefit Plan Necessary to Eliminate with a High Probability the Unfunded Liability of the Plan Within the Next Thirty Years,” by Sens. Jack Tate & Kevin Priola and Reps. KC Becker & Dan Pabon. The bill makes changes to the hybrid defined benefit plan administered by PERA with the goal of eliminating, with a high probability, the unfunded actuarial accrued liability of each of PERA’s divisions and thereby reach a 100% funded ratio for each division within the next 30 years.
  • SB 18-203 – “Concerning the Provision of Independent Counsel to Indigent Defendants in Municipal Courts, and, in Connection Therewith, Making an Appropriation,” by Sen. Vicki Marble and Rep. Susan Lontine. The bill requires each municipality, on and after January 1, 2020, to provide independent indigent defense for each indigent defendant facing a possible jail sentence for a violation of a municipal ordinance. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee the provision of indigent defense counsel.
  • SB 18-219 – “Concerning the Rates a Motor Vehicle Dealer Charges a Motor Vehicle Manufacturer for Work Performed by the Dealer in Accordance with a Warranty Obligation,” by Sen. Jack Tate and Rep. Tracy Kraft-Tharp. The bill requires motor vehicle manufacturers to fulfill warranty obligations. A manufacturer must compensate each of its motor vehicle dealers in accordance with a set of standards designed to reflect the current market rate for labor and the profit margin on parts the dealer can expect to obtain. Dealers must submit certain repair orders to the manufacturer as required by the bill to establish compensation rates.
  • SB 18-230 – “Concerning Modification of the Laws Governing the Establishment of Drilling Units for Oil and Gas Wells, and, in Connection Therewith, Clarifying that a Drilling Unit may Include more than One Well, Providing Limited Immunity to Nonconsenting Owners Subject to Pooling Orders, Adjusting Cost Recovery from Nonconsenting Owners, and Modifying the Conditions upon which a Pooling Order may be Entered,” by Sen. Vicki Marble and Reps. Lori Saine & Matt Gray. Current law authorizes ‘forced’ or ‘statutory’ pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. The bill clarifies that an order entered by the commission establishing a drilling unit may authorize more than one well.
  • SB 18-242 – “Concerning the Swearing of a Public Official Oath of Office,” by Sens. Vicki Marble and Reps. Timothy Leonard & Stephen Humphrey. The bill requires a person swearing an oath of office for a public office or position to do so by swearing by the everliving God. The bill also requires the person swearing the oath of office to do so with an uplifted hand.
  • SB 18-243 – “Concerning the Retail Sale of Alcohol Beverages, and, in Connection Therewith, Making an Appropriation,” by Sens. Chris Holbert & Lucia Guzman and Reps. Daneya Esgar & Hugh McKean. Under current law, effective January 1, 2019, the limitation on the maximum alcohol content of fermented malt beverages, also referred to as ‘3.2% beer’, is eliminated, thereby allowing grocery stores, convenience stores, and any other person currently licensed or licensed in the future to sell fermented malt beverages for consumption on or off the licensed premises to sell fermented malt beverages containing more than 3.2% alcohol by weight or 4% alcohol by volume, referred to as ‘malt liquor’. The bill modifies laws governing the retail sale of fermented malt beverages, which will be synonymous with malt liquor as of January 1, 2019.
  • SB 18-276 – “Concerning an Increase in the General Fund Reserve,” by Sens. Kevin Lundberg & Millie Hamner and Reps. Kent Lambert & Dave Young. For the fiscal year 2018-19, and each fiscal year thereafter, the bill increases the statutorily required general fund reserve from 6.5% to 7.25% of the amount appropriated for expenditure from the general fund.
  • HB 18-1006 – “Concerning Modifications to the Newborn Screening Program Administered by the Department of Public Health and Environment, and, in Connection Therewith, Making an Appropriation,” by Reps. Millie Hamner & Larry Liston and Sens. Bob Gardner & Dominick Moreno. The bill updates the current newborn screening program to require more timely newborn hearing screenings. The department of public health and environment (department) is authorized to assess a fee for newborn screening and necessary follow-up services. The bill creates the newborn hearing screening cash fund for the purpose of covering the costs of the program.
  • HB 18-1185 – “Concerning Changes to the State Income Tax Apportionment Statute Based on the Most Recent Multistate Tax Commission’s Uniform Model of the Uniform Division of Income for Tax Purposes Act,” by Reps. Tracy Kraft-Tharp & Cole Wist and Sens. Tim Neville & Dominick Moreno. For income tax years commencing on and after January 1, 2019, the bill generally replaces the method for sourcing of sales for purposes of apportioning the income of a taxpayer that has income from the sale of services or from the sale, lease, license, or rental of intangible property in both Colorado and other states from the cost-of-performance test in the case of services and the commercial domicile test in the case of intangible property to a market-based sourcing system.
  • HB 18-1187 – “Concerning the Lawful Use of a Prescription Drug that Contains Cannabidiol that is Approved by the United States Food and Drug Administration,” by Reps. Janet Buckner & Lois Landgraf and Sens. Dominick Moreno & John Cooke. The bill amends the definition of ‘marijuana’ to exclude prescription drug products approved by the federal food and drug administration and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado. The bill also specifies that the change does not restrict or otherwise affect regulation of or access to marijuana that is legal under Colorado’s statutory or constitutional scheme or industrial hemp and its derivatives.
  • HB 18-1244 – “Concerning the Creation of a Submarine Service License Plate to Honor the Service of Submarine Veterans, and, in Connection Therewith, Making an Appropriation,” by Rep. Jessie Danielson and Sens. Nancy Todd & Bob Gardner. The bill creates the submarine service license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One fee is credited to the highway users tax fund and the other to a fund that provides licensing services.
  • HB 18-1270 – “Concerning Energy Storage, and, in Connection Therewith, Requiring the Public Utilities Commission to Establish Mechanisms for Investor-Owned Electric Utilities to Procure Energy Storage Systems if Certain Criteria are Satisfied,” by Reps. Chris Hansen & Jon Becker and Sen. Jack Tate. The bill directs the public utilities commission to adopt rules establishing mechanisms for the procurement of energy storage systems by investor-owned electric utilities, based on an analysis of costs and benefits as well as factors such as grid reliability and a reduction in the need for additional peak generation capacity.
  • HB 18-1271 – “Concerning the Authorization of Economic Development Rates to be Charged by Electric Utilities to Qualifying Nonresidential Customers,” by Reps. Matt Gray & Yeulin Willett and Sen. Jack Tate. The bill allows the public utilities commission to approve, and electric utilities to charge, economic development rates, which are lower rates for commercial and industrial users who locate or expand their operations in Colorado so as to increase the demand by at least 3 megawatts.
  • HB 18-1286 – “Concerning Allowing School Personnel to Give Medical Marijuana to a Student with a Medical Marijuana Registry Card while at School,” by Rep. Dylan Roberts and Sens. Irene Aguilar & Vicki Marble. Under current law, a primary caregiver may possess and administer medical marijuana in a nonsmokeable form to a student while the student is at school. The bill allows a school nurse or the school nurse’s designee, who may or may not be an employee of the school, or school personnel designated by a parent to also possess and administer medical marijuana to a student at school. The bill provides a school nurse or the school nurse’s designee or the school personnel designated by a parent protection from criminal prosecution if he or she possesses and administers medical marijuana to a student at school.
  • HB 18-1306 – “Concerning Ensuring Educational Stability for Students in Out-of-Home Placement, and, in Connection Therewith, Making an Appropriation,” by Rep. Dafna Michaelson Jenet and Sens. Don Coram & Dominick Moreno. The bill aligns state law with federal ‘Every Student Succeeds Act’ (ESSA) provisions relating to students in foster care, referred to in state statutes as ‘students in out-of-home placement’. ESSA permits students in out-of-home placement at any time during the school year to remain in their school of origin, as defined in the bill, rather than move to a different school upon placement outside of the home or changes in placement, unless the county department of human or social services determines that it is not in the child’s best interest to remain in his or her school of origin.
  • HB 18-1430 – “Concerning the Requirement that a State Agency Prepare a Long-Range Financial Plan,” by Reps. Kevin Van Winkle & Dave Young and Sen. Kevin Lundberg. The bill requires each state agency to develop a long-range financial plan on or before November 1, 2019, and to update the plan each of the next 4 years thereafter. The department of state, the department of treasury, the department of law, and the judicial branch shall each publish the required components of the plan for their respective state agencies. The office of state planning and budgeting shall publish the required components of the plan in its annual budget instructions for all other state agencies.

Vetoed

  • SB 18-179 – “Concerning Adjustments to Total Gross Purchases for Purposes of Calculating the Excise Tax on Tobacco Products, and, in Connection Therewith, Making an Appropriation,” by Sens. Owen Hill & Angela Williams and Reps. Edie Hooten & Dan Pabon. Currently and until September 1, 2018, a distributor can claim a credit for taxes paid on tobacco products that are shipped or transported by the distributor to a consumer outside of the state. The bill would have made the credit permanent and requires the distributor to maintain certain records related to the out-of-state sales to consumers. “While the bill’s economic benefits appear minimal, the negative health effects of cheaper tobacco are both significant and compelling,” said Governor John Hickenlooper in the veto letter. “These concerns remain from when we vetoed SB 17-139.”
  • SB 18-223 – “Concerning the Circumstances Under Which an Autopsy Report Prepared in Connection with the Death of a Minor may be Released to Certain Parties,” by Sen. Bob Gardner and Reps. Matt Gray & Terri Carver. The bill specified that an autopsy report prepared in connection with the death of a minor is confidential and may be disclosed by the county coroner to any other person or entity only in accordance with certain exceptions. “Transparency can lead to enhanced government protections, greater public and private resources, and heightened public understanding and demand for change,” wrote Governor John Hickenlooper in the veto letter. He went on to say, “An informed public has societal benefits for all at-risk children, present and future.”
  • HB 18-1181 – “Concerning Measures to Expand the Ability of Nonresident Electors to Participate in the Governance of Special Districts, and, in Connection Therewith, Allowing Nonresident Electors Who Own Taxable Property Within the Special District to Vote in Special District Elections And Allowing Such Electors to Serve on Special District Boards in a Nonvoting Capacity,” by Rep. Larry Liston and Sen. Jack Tate. The bill would have expanded the definition of ‘eligible elector’, as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state. “Allowing non-Coloradans to vote in Colorado elections to select our elected representatives is poor public policy,” said Governor John Hickenlooper in the veto letter. “Out-of-state landowners enjoy Colorado’s great views, activities, and economy. While we are grateful to our out-of-state neighbors and their love of Colorado, we are unpersuaded that the State should allow those who spend days or weeks in Colorado to make decisions impacting those who make it their home each and every day.”
  • HB 18-1258 – “Concerning Authorization for an Endorsement to an Existing Marijuana License to Allow for a Marijuana Accessory Consumption Establishment for the Purposes of Consumer Education, and, in Connection Therewith, Making an Appropriation,” by Reps. Jovan Melton & Jonathan Singer and Sens. Tim Neville & Stephen Fenberg. The bill would have  authorized each licensed medical marijuana center or retail marijuana store to establish one retail marijuana accessory consumption establishment that may sell marijuana, marijuana concentrate, and marijuana-infused products for consumption, other than smoking, at the establishment. “Since Colorado approved Amendment 64 in 2012, this Administration implemented a robust regulatory system to carry out the intent of this voter-initiated measure,” said Governor John Hickenlooper in the veto letter. “Amendment 64 is clear: marijuana consumption may not be conducted ‘openly’ or ‘publicly’ on ‘in a manner that endangers others’ We find that HB 18-1258 directly conflicts with this constitutional requirement.”
  • HB 18-1427 – “Concerning a Prohibition on Conflicts of Interest of Members of the Sex Offender Management Board,” by Reps. Leslie Herod & Cole Wist and Sen. Jerry Sonnenberg. The bill would have prohibited members of the sex offender management board from receiving a direct financial benefit from the standards or guidelines adopted by the board. “We all support proper handling of conflicts. We veto this bill today, however, because it is redundant and overbroad,” wrote Governor John Hickenlooper in the veto letter. He went on to say, “Despite the issues with HB 18-1427, recent media reports raise important issues as to the need for better conflict of management interests.”

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

Bills Signed Regarding Domestic Violence Statute of Limitations, Prohibiting Use of Criminal Convictions to Deny Employment, and More

Concerning liability limits in snow and ice removal contractsOn Wednesday, May 30, 2018, Governor Hickenlooper signed 34 bills into law. He also signed one bill on Thursday, May 31, 2018. To date, he has signed 350 bills into law this legislative session, and sent two to the Secretary of State without a signature. Some of the bills signed Wednesday and Thursday include a bill continuing the Commission on Criminal and Juvenile Justice, a bill prioritizing support for foster parents, a bill providing municipal grants to reimburse local governments for the cost of defense counsel for certain defendants, a bill to fund Colorado Water Conservation Board projects, and more. The bills signed Wednesday and Thursday are summarized here.

  • HB 18-1004 – “Concerning the Continuation of the Income Tax Credit for a Qualifying Contribution to Promote Child Care in the State,” by Reps. James Coleman & James Wilson and Sens. Jack Tate & John Kefalas. A taxpayer who makes a monetary contribution to promote child care in the state is allowed an income tax credit that is equal to 50% of the total value of the contribution. This exemption is currently available for income tax years that commence prior to January 1, 2020. The bill extends the credit for 5 years.
  • HB 18-1070 – “Concerning an Increase in the Amount of Financial Assistance that can be Provided for Public School Capital Construction Under the ‘Building Excellent Schools Today Act,’ and, in Connection Therewith, Increasing the Amount of Retail Marijuana Excise Tax Revenue that is Credited to the Public School Capital Construction Assistance Fund and Making an Appropriation,” by Reps. Dave Young & Cole Wist and Sens. Ray Scott & Rachel Zenzinger. Currently, the first $40 million of retail marijuana excise tax revenue annually collected is credited to the public school capital construction assistance fund for purposes of the ‘Building Excellent Schools Today Act’ and the remainder of the revenue is credited to the state public school fund.
  • HB 18-1094 – “Concerning the Reauthorization of the ‘Child Mental Health Treatment Act,’ and, in Connection Therewith, Making an Appropriation,” by Reps. Leslie Herod & Cole Wist and Sens. Beth Martinez Humenik & Dominick Moreno. The bill extends indefinitely the ‘Child Mental Health Treatment Act’ and renames it the ‘Children and Youth Mental Health Treatment Act’. It also makes several changes to the act.
  • HB 18-1176 – “Concerning Continuation of the Grant Program in the Department of Corrections to Provide Funding to Eligible Community-Based Organizations that Provide Reentry Services to Offenders, and, in Connection Therewith, Implementing the Recommendations in the 2017 Report of the Department of Regulatory Agencies,” by Reps. Pete Lee & Cole Wist and Sen. John Cooke. Under current law, a grant program exists in the Department of Corrections to provide funding to eligible community-based organizations that provide reentry services to offenders. The grant program is scheduled to repeal on September 1, 2018. The bill reschedules the repeal of the grant program to September 1, 2023. The bill also provides that, in awarding grants from the grant program, the department shall release as much as one quarter of the amount annually appropriated to the grant program to an intermediary at the beginning of each fiscal year.
  • HB 18-1189 – “Concerning Pilot Programs to Expand Effective Teacher Residency Programs Across the State, and, in Connection Therewith, Making an Appropriation,” by Reps. Brittany Pettersen & Lang Sias and Sens. Owen Hill & Nancy Todd. The bill creates the teacher residency expansion program in the Department of Education. The goal of the program is to identify and communicate to school districts, charter schools, and boards of cooperative services that operate public schools the best practices, effective strategies, and critical components of effective teacher residency programs and thereby facilitate expansion of the effective teacher residency programs across the state.
  • HB 18-1190 – “Concerning Modifications to the ‘Colorado Job Creation and Main Street Revitalization Act,'” by Reps. Daneya Esgar & Hugh McKean and Sens. Jack Tate & Leroy Garcia. The bill makes several modifications to the existing ‘Colorado Job Creation and Main Street Revitalization Act.’
  • HB 18-1236 – “Concerning the Continuation of the Colorado Food Systems Advisory Council, and, in Connection Therewith, Implementing the Recommendations in the Department of Regulatory Agencies’ Sunset Report,” by Reps. Barbara McLachlin & Jon Becker and Sen. Randy Baumgardner. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review and report on the Colorado food systems advisory council by extending the council indefinitely.
  • HB 18-1267 – “Concerning an Income Tax Credit for Retrofitting a Residence to Increase the Residence’s Visitability, and, in Connection Therewith, Making an Appropriation,” by Reps. Matt Gray & Hugh McKean and Sen. Jack Tate. The bill provides an income tax credit to an individual who retrofits or hires someone to retrofit the individual’s residence, and makes several specifications concerning the retrofit.
  • HB 18-1287 – “Concerning the Extension of the Repeal of the Colorado Commission on Criminal and Juvenile Justice, and, in Connection Therewith, Making an Appropriation,” by Rep. Mike Weissman and Sens. Daniel Kagan & John Cooke. Current law repeals the Colorado commission on criminal and juvenile justice, effective July 1, 2018. The bill extends the repeal date to July 1, 2023, and requires the Department of Regulatory Agencies to perform a sunset review of the commission prior to such repeal.
  • HB 18-1295 – “Concerning Modifications to the ‘Colorado Food and Drug Act’ to Allow Products Containing Industrial Hemp, and, in Connection Therewith, Establishing that Products Containing Industrial Hemp are not Adulterated or Misbranded by Virtue of Containing Industrial Hemp,” by Reps. Joseph Salazar & Daneya Esgar and Sen. Don Coram. The bill establishes that food and cosmetics are not adulterated or misbranded by virtue of containing industrial hemp. The bill also sets forth the Department of Public Health and Environment’s powers with regard to applicants and registrants engaged in, or attempting to engage in, the wholesale food selling, manufacturing, processing, or storage of an industrial hemp product, as that term is defined in the bill.
  • HB 18-1321 – “Concerning Efficient Administration of Nonemergency Medical Transportation Within the Existing Benefit under the Medical Assistance Program, and, in Connection Therewith, Making and Reducing an Appropriation,” by Reps. Hugh McKean & Jeni James Arndt and Sens. Beth Martinez Humenik & Dominick Moreno. The bill requires the Department of Health Care Policy and Financing to create and implement a method for meeting urgent transportation needs within the existing nonemergency medical transportation benefit under the medical assistance program.
  • HB 18-1340 – “Concerning Transfers of Money to be Used for the State’s Infrastructure,” by Rep. Millie Hamner and Sen. Kent Lambert. The bill makes several transfers of money through the 2018-19 fiscal year.
  • HB 18-1346 – “Concerning Child Abuse Related to Youth who are Under the Continuing Jurisdiction of the Court in an Out-of-Home Placement when they are Younger than Twenty-one Years of Age,” by Reps. Jim Smallwood & Lois Landgraf and Sens. Jim Smallwood & John Kefalas. The bill directs the Colorado commission on criminal and juvenile justice to study the issue of institutional child abuse for children and youth in facilities operated by the department of human services. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the General Assembly.
  • HB 18-1348 – “Concerning Families Involved in the Child Welfare System, and, in Connection Therewith, Prioritizing Services and Providing Support for Foster Parents,” by Reps. Jonathan Singer & Lois Landgraf and Sens. Bob Gardner & John Kefalas. The bill allows foster parents access to certain information regarding a foster child or prospective foster child, including judicial information and education records. The bill requires that a county prioritize child care assistance for certified foster parents and certified kinship foster parents and for noncertified kinship care providers that provide care for children with an open child welfare case.
  • HB 18-1353 – “Concerning the Creation of a Grant Program to Reimburse Local Governments for Costs Associated with the Provision of Defense Counsel to Certain Defendants at their First Appearances in Municipal Courts, and, in Connection Therewith, Making an Appropriation,” by Reps. Susan Lontine & Terri Carver and Sen. Vicki Marble. The bill creates the defense counsel on first appearance grant program in the division of local government within the Department of Local Affairs. The division shall award grants from the program to reimburse local governments, in part or in full, for costs associated with the provision of defense counsel to defendants at their first appearances in municipal courts.
  • HB 18-1354 – “Concerning a Requirement that Written Warranties for Powersports Vehicles be Honored,” by Rep. Hugh McKean and Sen. Rachel Zenzinger. Current law appears to forbid a powersports vehicle manufacturer or distributor from honoring written warranties. The bill clarifies that the powersports dealer is required to honor written warranties.
  • HB 18-1355 – “Concerning Changes to the Accountability System for the Elementary and Secondary Public Education System to Strengthen the Accountability System for the Benefit of Students,” by Reps. Brittany Pettersen & Lang Sias and Sens. Bob Gardner & Dominick Moreno. The bill changes the criteria that the Department of Education must consider in assigning an accreditation category to a school district or the state charter school institute or in recommending the type of performance plan that a public school must implement.
  • HB 18-1361 – “Concerning Expanded Eligibility for a Veteran of the Vietnam War Specialty License Plate,” by Reps. Tony Exum & Donald Valdez and Sen. Angela Williams. The bill extends the end date to be eligible for a veteran of the Vietnam war specialty license plate from January 27, 1973, to July 1, 1975.
  • HB 18-1364 – “Concerning the Continuation of the Colorado Advisory Council for Persons with Disabilities, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies, and Making an Appropriation,” by Reps. Dafna Michaelson Jenet & Lois Landgraf and Sens. Beth Martinez Humenik & Rachel Zenzinger. The bill continues the Colorado advisory council for persons with disabilities, but transfers it from the office of the governor to the department of health care policy and financing. The makeup of the council is decreased from no more than 20 members to a total of 10 members, 3 of whom are nonvoting members. The newly appointed council shall convene its first meeting on or before August 1, 2018, and meet quarterly thereafter. The department is authorized to provide staff support to the council. The powers and duties of the council are expanded and articulated.
  • HB 18-1367 – “Concerning Professional Development in Leadership for Public School Principals, and, in Connection Therewith, Creating the School Leadership Pilot Program and Making an Appropriation,” by Reps. Barbara McLachlin & James Wilson and Sen. Kevin Priola. The bill creates the school leadership pilot program  to provide professional development for public elementary, middle, and high school principals. During the 2018-19 budget year, the Department of Education is directed to design and implement the program or contract with a nonprofit entity to design and implement the program.
  • HB 18-1398 – “Concerning the Statute of Limitations for Commencing a Civil Action in Tort to Recover Damages for an Act of Domestic Violence,” by Reps. Matt Gray & Cole Wist and Sen. Bob Gardner. The bill states that any civil action to recover damages caused by an act of domestic violence must be commenced within 6 years after a disability has been removed for a person under disability or within 6 years after a cause of action accrues, whichever occurs later.
  • HB 18-1418 – “Concerning the Use of Criminal Convictions in Employment,” by Rep. Mike Weissman and Sens. Don Coram & Daniel Kagan. Current law directs a state or local agency, when deciding whether to issue a license or permit, to consider an individual’s criminal record in determining whether the individual is of good moral character. The bill changes the determination to consider whether the individual is qualified. The bill adds to the factors that an agency considers whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment.
  • SB 18-001 – “Concerning Transportation Infrastructure Funding, and, in Connection Therewith, Requiring Specified Amounts to be Transferred from the General Fund to the State Highway Fund, the Highway Users Tax Fund, and a New Multimodal Transportation Options Fund During State Fiscal Years 2018-19 and 2019-20 for the Purpose of Funding Transportation Projects and to the State Highway Fund During Any State Fiscal Year from 2019-20 through 2038-39 for State Highway Purposes and to Repay any Transportation Revenue Anticipation Notes that may be Issued as Specified in the Bill and, if no Citizen-Initiated Ballot Measure that Requires the State to Issue Transportation Revenue Anticipation Notes is Approved by the Voters of the State at the November 2018 General Election, Requiring the Secretary of State to Submit a Ballot Question to the Voters of the State at the November 2019 Statewide Election, which, if Approved, Would Require the State, with no Increase in any Taxes, to Issue Additional Transportation Revenue Anticipation Notes for the Purpose of Addressing Critical Priority Transportation Needs in the State by Funding Transportation Projects; Would Exclude Note Proceeds and Investment Earnings on Note Proceeds from State Fiscal Year Spending Limits; and Would Reduce the Amount of Lease-Purchase Agreements Required by Current Law to be Issued for the Purpose of Funding Transportation Projects,” by Sens. Randy Baumgardner & John Cooke and Reps. Perry Buck & Faith Winter. The bill requires the state treasurer to transfer $500 million from the general fund to the state highway fund on June 30, 2019, and to transfer $250 million from the general fund to the state highway fund annually on June 30 of state fiscal years 2019-20 though 2038-39. Several other transfers are also specified.
  • SB 18-016 – “Concerning the Repeal Date for the Transfer of Money from Community Corrections to the Housing Assistance for Persons Transitioning from the Criminal or Juvenile Justice System Cash Fund, and, in Connection Therewith, Making an Appropriation,” by Sens. Beth Martinez Humenik & Rhonda Fields and Reps. Jonathan Singer & Adrienne Benavidez. In 2017, the general assembly enacted a provision requiring at the end of the 2016-17 fiscal year the state treasurer to transfer unexpended and unencumbered money appropriated for community corrections programs to a new fund to assist persons transitioning from the criminal or juvenile justice systems. The act repealed the provision in 2018.
  • SB 18-062 – “Concerning Liability Limits in Snow and Ice Removal Contracts,” by Sen. Dominick Moreno and Rep. Jovan Melton. The bill enacts the ‘Snow Removal Service Liability Limitation Act’, which makes void provisions of snow removal agreements that require one party to indemnify the other party for damages, hold the other party harmless for damages, and provide for the defense of the other party in a liability lawsuit.
  • SB 18-086 – “Concerning the Use of Cyber Coding Cryptology for State Records, and, in Connection Therewith, Making an Appropriation,” by Sens. Kent Lambert & Angela Williams and Reps. Joann Ginal & Bob Rankin. The chief information security officer in the governor’s office of information technology (OIT), the director of OIT, the department of state, and the executive director of the department of regulatory agencies are required to take certain actions to protect state records containing trusted sensitive and confidential information from criminal, unauthorized, or inadvertent manipulation or theft.
  • SB 18-087 – “Concerning In-state Tuition at Institutions of Higher Education for Certain Foreign Nationals Legally Settled in Colorado,” by Sen. Stephen Fenberg and Reps. Dafna Michaelson Jenet & Faith Winter. The bill contains a legislative declaration about the circumstances facing special immigrants and refugees and the benefit of access to education. The bill grants eligibility for in-state tuition status to refugees and special immigrants admitted to the United States pursuant to federal law who have settled in Colorado.
  • SB 18-218 – “Concerning the Funding of Colorado Water Conservation Board Projects, and, in Connection Therewith, Making Appropriations,” by Sen. Don Coram and Rep. Jeni James Arndt. The bill appropriates money from the Colorado Water Conservation Board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for certain projects.
  • SB 18-219 – “Concerning the Rates a Motor Vehicle Dealer Charges a Motor Vehicle Manufacturer for Work Performed by the Dealer in Accordance with a Warranty Obligation,” by Sen. Jack Tate and Rep. Tracy Kraft-Tharp. The bill requires motor vehicle manufacturers to fulfill warranty obligations. A manufacturer must compensate each of its motor vehicle dealers in accordance with a set of standards designed to reflect the current market rate for labor and the profit margin on parts the dealer can expect to obtain. Dealers must submit certain repair orders to the manufacturer as required by the bill to establish compensation rates.
  • SB 18-231 – “Concerning a Task Force on the Transition of Persons with Intellectual and Developmental Disabilities from Educational Services to Home- and Community-Based Services, and, in Connection Therewith, Making an Appropriation,” by Sens. Kent Lambert & Dominick Moreno and Rep. Dave Young. The bill establishes a task force for transition planning to make recommendations on improvements for the transition of individuals with disabilities who are receiving services and supports in an educational setting to receiving services and supports through home- and community-based services. It specifies membership on the task force and duties including making a report to specified committees of the general assembly.
  • SB 18-232 – “Concerning a Clarification of the Calculation used to Determine the Amount of Money that Must be Spent to Acquire Works of Art for Capital Construction Projects that are the Subject of a Lease-Purchase Agreement,” by Sens. Jerry Sonnenberg & John Kefalas and Reps. Daneya Esgar & Chris Hansen. The bill clarifies that for any capital construction project that is the subject of a lease-purchase agreement, the one percent of the total construction costs that is required to be used for the acquisition of works of art is calculated on the state-funded portion of the total construction costs and not on the total construction costs.
  • SB 18-234 – “Concerning Measures to Reduce the sale Without Consent of the Remains of a Human who was Born Alive, and, in Connection Therewith, Registering Nontransplant Tissue Banks and Prohibiting Certain Owners of Nontransplant Tissue Banks from Owning Certain Other Businesses that Provide for the Final Disposition of Human Remains, and Making an Appropriation,” by Sens. Don Coram & Larry Crowder and Reps. Tracy Kraft-Tharp & Marc Catlin. The bill makes it unlawful under the ‘Mortuary Science Code’ for a person to own more than a 10% indirect interest in a funeral establishment or crematory while simultaneously owning interest in a nontransplant tissue bank.
  • SB 18-248 – “Concerning the Treatment under Statutory Provisions Governing Tax Increment Financing of Revenues Received by an Urban Renewal Authority Following Certain Voter-Approved Revenue Increases,” by Sen. Beth Martinez Humenik and Reps. Polly Lawrence & Matt Gray. Under current law, in connection with the use of a special fund of an urban renewal authority to collect the increment used to finance urban renewal projects, any additional revenues received by a municipality, county, special district, or school district  resulting because the voters have authorized the taxing entity to retain and spend such money under the TABOR requirements of the state constitution after the creation of the fund or as a result of an increase in the property tax mill levy approved by the voters of the taxing entity after the creation of the fund are not included in the amount of the increment that is allocated to and, when collected, paid into the special fund. Under the bill, such additional revenues that have been received because of the 2 specified forms of voter-approved revenue changes are restricted from being pledged by an authority for the payment of any bonds of, or any loans or advances to, or any indebtedness incurred by the authority without the consent of the relevant taxing entity.
  • SB 18-249 – “Concerning Establishing Alternative Programs in the Criminal Justice System to Divert Individuals with a Mental Health Condition to Community Treatment, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Kent Lambert and Reps. Pete Lee & Dave Young. The bill creates up to 4 pilot programs in judicial districts in the state that divert individuals with low-level criminal behavior and a mental health condition to community resources and treatment rather than continued criminal justice involvement. The programs must be developed in accordance with the principles and proposed model recommended by the Colorado commission on criminal and juvenile justice, adopted on January 12, 2018.
  • SB 18-271 – “Concerning Changes to Improve Funding for Marijuana Research, and, in Connection Therewith, Making an Appropriation,” by Sen. Vicki Marble and Rep. Dan Pabon. Subject to rules of the marijuana enforcement division, the bill authorizes marijuana research and development licensees and marijuana research and development cultivation licensees (research licensees) to transfer unused marijuana within the regulated marijuana industry; and research licensees to be co-located at the premises of a medical marijuana-infused products manufacturer or a retail marijuana products manufacturer.
  • SB 18-272 – “Concerning Suicide Prevention Training in Schools, and, in Connection Therewith, Making an Appropriation,” by Sens. Beth Martinez Humenik & Nancy Todd and Reps. Terri Carver & Barbara McLachlin. The bill creates the crisis and suicide prevention training grant program in the Department of Public Health and Environment. The purpose of the grant program is to provide financial assistance to schools in providing crisis and suicide prevention training to schools, with priority given to those schools that have previously not received such training. The grant program may authorize up to $400,000 in grants per year in varying amounts. The office of suicide prevention and the school safety resource center shall work collaboratively with the department to develop guidelines and criteria for the grant program. Grant recipients are required to report on their activities using grant money.

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

Bills Signed Regarding Civil Forfeiture Reform, Community Corrections Transition Placements, Electronic Vehicle Title Filing, and More

On Tuesday, May 29, 2019, Governor Hickenlooper signed 59 bills into law. To date, he has signed 315 bills into law and sent two to the Secretary of State without a signature. Some of the bills signed Tuesday include a bill reforming the civil asset forfeiture process, a bill enacting a community corrections transition placement program, a bill providing relief from collateral criminal consequences, a bill allowing vehicle titles to be transferred electronically, a bill changing the own-source requirements for medical marijuana sales, a bill expanding civil jurisdiction of county courts, and more. The bills signed Tuesday are summarized here.

  • HB 18-1019 – “Concerning Criteria Applied in Determining Performance Ratings for Entities in the Elementary and Secondary Public Education System, and, in Connection Therewith, Making an Appropriation,” by Rep. Kevin Priola and Rep. Mike Cooke. For purposes of determining the level of attainment for accreditation of each public high school, each school district, the state charter school institute, and the state as a whole on the postsecondary and workforce readiness performance indicator, the bill adds additional measures of the percentage of students who successfully complete certain courses.
  • HB 18-1020 – “Concerning Civil Forfeiture Reform, and, in Connection Therewith, Changing the Entity Required to Report on Forfeitures, Expanding the Scope of the Forfeitures to be Reported, Establishing Grant Programs, Changing the Disbursement of Net Forfeiture Proceeds, and Making an Appropriation,” by Rep. Leslie Herod and Sens. Daniel Kagan, Tim Neville, & Bob Gardner. During the 2017 session, the General Assembly enacted a bill involving civil forfeiture requiring seizing agencies to submit reports to the Department of Local Affairs The bill expands the scope of the reports to include seizures related to a local public nuisance law or ordinance. The 2017 act also prohibited seizing agencies from receiving forfeiture proceeds from the federal government unless the aggregate value of property seized in a case is over $50,000. The bill establishes the law enforcement assistance grant program in the Department of Public Safety to reimburse seizing agencies for revenue lost because of this prohibition.
  • HB 18-1057 – “Concerning the Collection of Debts, and, in Connection Therewith, Allowing Collection Agents to Add Certain Expenses to Amounts Due for Collection,” by Rep. Hugh McKean and Sen. Don Coram. The bill allows a private collection agency or privately retained attorney collecting on any debt arising from past-due orders, obligations, fines, or fees due to the state, or to any political subdivision within the state, to add to the amount due that has been placed for collection all fees, costs, and costs of collection, including designated contractual attorney fees and costs that are awarded by a court of competent jurisdiction.
  • HB 18-1060 – “Concerning a State Income Tax Deduction for Military Retirement Benefits for an Individual who is Under Fifty-five Years of Age,” by Reps. Jessie Danielson & Lois Landgraf and Sens. Larry Crowder & Angela Williams. The bill allows an individual who is under 55 years old and whose military retirement benefits are less than $40,000 to claim a federal income tax deduction.
  • HB 18-1108 – “Concerning the Colorado Commission for the Deaf and Hard of Hearing, and, in Connection Therewith, Renaming the Commission the Colorado Commission for the Deaf, Hard of Hearing, and Deafblind; Creating the Colorado Deafblind Citizens Council to Advise the Commission on Deafblind Issues; Clarifying and Expanding the Commission’s Duties to Provide Services to the Deaf, Hard of Hearing, and Deafblind; and Changing the Membership of the Committee Charged with Reviewing Grant Applications,” by Rep. Jessie Danielson and Sen. Nancy Todd. The bill changes the name of the ‘Colorado commission for the deaf and hard of hearing’ to the ‘Colorado commission for the deaf, hard of hearing, and deafblind’. The bill expands the commission’s duties to include establishing a community access program for one-on-one system navigation and changes the membership on the committee reviewing grant applications under the act.
  • HB 18-1128 – “Concerning Strengthening Protections for Consumer Data Privacy,” by Reps. Cole Wist & Jeff Bridges and Sens. Kent Lambert & Lois Court. Except for conduct in compliance with applicable federal, state, or local law, the bill requires covered and governmental entities in Colorado that maintain paper or electronic documents that contain personal identifying information to develop and maintain a written policy for the destruction and proper disposal of those documents.
  • HB 18-1135 – “Concerning the Extension of the Advanced Industries Export Acceleration Program, and, in Connection Therewith, Making an Appropriation,” by Reps. Traci Kraft-Tharp & James Wilson and Sen. Jack Tate. The bill extends the advanced industries export acceleration program that is currently managed by the office of economic development.
  • HB 18-1152 – “Concerning Making Certain Records of the State Judicial Department Relating to Sexual Harassment Investigations Subject to the Colorado Open Records Act,” by Rep. Polly Lawrence and Sen. John Cooke. Under the Colorado open records act (CORA), records related to sexual harassment complaints are not open records; except that those records are available to a person making a sexual harassment complaint and the subject of the complaint. The bill makes the judicial department subject to the sexual harassment provision of CORA until May 1, 2021.
  • HB 18-1155 – “Concerning the Continuation of the Physical Therapy Board, and, in Connection Therewith, Implementing the Recommendations Contained in the 2017 Sunset Review and Report by the Department of Regulatory Agencies,” by Reps. Larry Liston & Jonathan Singer and Sen. Beth Martinez Humenik. The bill extends the licensing of physical therapists and physical therapist assistants to 2024 and makes several other changes.
  • HB 18-1174 – “Concerning the Continuation Under the Sunset Law of the Board of Mortgage Loan Originators, and, in Connection Therewith, Adopting the Legislative Recommendations of the Department of Regulatory Agencies as Contained in the Department’s Sunset Report,” by Reps. Jeni James Arndt & Matt Gray and Rep. Kevin Priola. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review of the board of mortgage loan originators.
  • HB 18-1184 – “Concerning the Creation of a Report on 911 Service in Colorado, and, in Connection Therewith, Requiring Consideration of Issues Related to the Implementation of Next Generation 911,” by Reps. Tony Exum & Polly Lawrence and Sens. Irene Aguilar & Bob Gardner. The bill requires the public utilities commission to annually publish a ‘state of 911’ report. The report must address the commission’s activities related to 911 service, the current statewide architecture and operations related to 911 service, 911 network reliability and resiliency, any identified gaps or vulnerabilities in 911 service, national trends and activities, funding, and the implementation of next generation 911.
  • HB 18-1202 – “Concerning an Income Tax Credit for an Employer Related to an Employee’s Paid Leave of Absence for the Purpose of Making an Organ Donation, and, in Connection Therewith, Enacting the ‘Living Organ Donor Support Act,'” by Rep. Alec Garnett and Sen. Bob Gardner. Beginning January 1, 2020, an employer is allowed an income tax credit that is an amount equal to 35% of the employer’s expenses incurred while the employee is on paid leave or for paying a temporary employee.
  • HB 18-1217 – “Concerning a Temporary Income Tax Credit for Employers that Make Contributions to 529 Qualified State Tuition Program Accounts Owned by their Employees, and, in Connection Therewith, Enacting the “Working Families College Savings Act,'” by Reps. Kevin Van Winkle & Alec Garnett and Sen. Bob Gardner. The bill creates a temporary income tax credit for income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, for employers that make contributions to 529 qualified state tuition program accounts owned by their employees in an amount equal to 20% of the contribution, not to exceed $500.
  • HB 18-1224 – “Concerning the Process that is Due for the Imposition of Discipline that Affects a Person’s Ability to Practice an Occupation, and, in Connection Therewith, Requiring the Parties to Submit to Mediation and Making an Appropriation,” by Rep. Yeulin Willett and Sen. Bob Gardner. Current law requires state agencies to give notice to a licensee of certain facts that may lead to discipline or suspension. The bill makes certain changes to these requirements.
  • HB 18-1251 – “Concerning Measures to Improve the Efficiency of the Community Corrections Transition Placements, and, in Connection Therewith, Making an Appropriation,” by Reps. Pete Lee & Cole Wist and Sens. Daniel Kagan & Bob Gardner. The bill requires the state board of parole to submit a list of offenders for community corrections transition placement referrals to the department of corrections staff. The staff shall inform the board when the referral is made or the reason for not making the referral.
  • HB 18-1252 – “Concerning Unlawful Sale of Academic Materials for Submission to an Institution of Higher Education,” by Reps. Dylan Roberts & James Wilson and Sen. Kevin Priola. Under existing law, a person is not permitted to prepare, offer to prepare, cause to be prepared, sell, or distribute any term paper, thesis, dissertation, or other written material for another person for compensation if he or she knows or should reasonably have known, that it is to be submitted by any other person for academic credit at a public or private college, university, or other institution of higher education, or to advertise the same. A court may issue an injunction to prevent these practices. The bill defines ‘assignment’ to include any specific written, recorded, pictorial, artistic, or other academic task; maintains the existing offenses related to preparing or selling assignments, or advertising the same; and prohibits a person from preparing, selling, or offering to sell a document or service that provides answers for, or completes on behalf of a student, an online exam that is administered pursuant to a course of study at any institution of higher education, or advertising the same.
  • HB 18-1269 – “Concerning Notification to Parents of Charges Brought Against Public School Employees for Alleged Felony Offenses that would Result in the Revocation of an Educator License Pursuant to title 22, Colorado Revised Statutes,” by Reps. Paul Lundeen & Brittany Pettersen and Sens. Owen Hill & Rhonda Fields. The bill requires school districts, district charter schools, institute charter schools, and boards of cooperative services to notify parents of students enrolled in a local education provider of charges brought against an employee or former employee, if the employee was employed at any time within 12 months before an offense is charged, who has or had contact with students, if the charges are for one of the felony offenses that requires the denial, suspension, or revocation of a teacher license if the employee were a teacher.
  • HB 18-1277 – “Concerning a Requirement that an Application for a “Building Excellent Schools Today Act” Grant of Financial Assistance for Public School Capital Construction Include a Plan for the Future Use or Disposition of any Existing Public School Facility that the Applicant will Stop Using for its Current Use if it Receives the Grant,” by Reps. Jon Becker & Daneya Esgar and Sens. Randy Baumgartner & John Kefalas. Beginning with the state fiscal year 2019-20 grant cycle, the bill requires an application made to the public school capital construction assistance board under the ‘Building Excellent Schools Today Act’ for a grant of financial assistance that is for either the construction of a new public school facility that will replace one or more existing public school facilities or the reconstruction or expansion of an existing public school facility to include a plan for the future use or disposition of any existing public school facility that the applicant will stop using for its current use if it receives the grant.
  • HB 18-1283 – “Concerning the Classification of Residential Land for Property Tax Purposes Resulting from a Significant Change in the Residential Improvements Located Upon the Land,” by Rep. Adrienne Benavidez and Sen. Tim Neville. When residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the bill requires the residential land classification to remain in place for the year in which the improvements were destroyed, demolished, or relocated and one subsequent property tax year if the assessor determines that evidence is present that the owner intends to rebuild or locate a residential improvement on the land.
  • HB 18-1285 – “Concerning Parking for People with Certain Disabilities, and, in Connection Therewith, Making an Appropriation,” by Rep. Dan Pabon and Sens. Jim Smallwood & Nancy Todd. The bill creates a remuneration-exempt identifying placard that exempts an individual with a disability from paying for parking if the disability limits the individual’s fine motor skills, ability to grow above 48 inches, or ability to reach or access a parking meter.
  • HB 18-1291 – “Concerning the Continuation of the Conservation Easement Oversight Commission, and, in Connection Therewith, Implementing the Recommendations of the 2017 Sunset Report by the Department of Regulatory Agencies,” by Reps. Faith Winter & Dan Thurlow and Sen. Jerry Sonnenberg. The bill implements the recommendations of the department of regulatory agencies in its sunset review of the conservation easement oversight commission by extending the repeal date of the commission for 7 years until 2025 and modifies the composition of the commission.
  • HB 18-1294 – “Concerning the Continuation of the Regulation of Nursing Home Administrators by the Board of Examiners of Nursing Home Administrators in the Division of Professions and Occupations in the Department of Regulatory Agencies, and, in Connection Therewith, Requiring the Board to Record by Board Member Each Vote Regarding Licensee Discipline,” by Reps. Susan Longtine & Janet Buckner and Sen. Larry Crowder. The bill partially implements the recommendations of the department of regulatory agencies, as contained in the department’s sunset review of nursing home administrators by continuing the regulation of nursing home administrators by the board of examiners of nursing home administrators in the division of professions and occupations for 5 years, until September 1, 2023.
  • HB 18-1296 – “Concerning an Expansion of the Ability to Leave a Motor Vehicle Unattended in Certain Circumstances,” by Reps. Jovan Melton & Justin Everett and Sens. Vicki Marble & Dominick Moreno. Currently, if a person’s motor vehicle has a remote starter system and adequate security measures, he or she may leave the motor vehicle unattended while the engine is running. The bill provides that a motor vehicle may be left unattended if either a remote starter system or adequate security measures are in place.
  • HB 18-1299 – “Concerning Electronic Documents Related to the Ownership of a Vehicle that is Regulated by the Department of Revenue, and, in Connection Therewith, Making an Appropriation,” by Reps. Jeff Bridges & Patrick Neville and Sens. Ray Scott & Rachel Zenzinger. The bill creates a framework for the department of revenue to establish electronic processing for issuing certificates of title, filing or releasing liens, or registering vehicles and special mobile machinery. This is subject to the department promulgating rules.
  • HB 18-1300 – “Concerning Granting Authority for Local District Colleges to Provide a Bachelor of Science Degree in Nursing Program as a Completion Degree to Students who Have or Are Pursuing an Associate Degree in Nursing,” by Reps. Dave Young & Perry Buck and Sens. Vicki Marble & John Cooke. The bill allows a local district college, such as Aims community college, to offer a bachelor of science degree in nursing program as a completion degree in nursing to students who have or are pursuing an associate degree in nursing, provided that the college’s board of trustees determines it is appropriate to address the needs of the communities within its service area, as approved by the Colorado commission on higher education based on existing criteria.
  • HB 18-1309 – “Concerning Programs Addressing Educator Shortages, and, in Connection Therewith, Making an Appropriation,” by Reps. James Coleman & James Wilson and Sen. Owen Hill. The bill requires the Colorado department of education and the Colorado department of higher education to create the framework for a grow your own educator program and specifies required provisions.
  • HB 18-1344 – “Concerning Relief from Collateral Consequences of Criminal Actions,” by Reps. Mike Weissman & Lang Sias and Sens. Dominick Moreno & Don Coram. Current law has separate collateral relief sections for when a court orders an alternative sentence, probation, or community corrections. The bill combines collateral relief provisions into one section and authorizes a court to enter an order for collateral relief at the time of conviction of a defendant or any time thereafter. The bill requires a fingerprint-based criminal history record check only if the hearing is held after sentencing.
  • HB 18-1351 – “Concerning Signage for the Old Spanish Trail,” by Reps. Donald Valdez & Phil Covarrubias and Sens. Leroy Garcia & Larry Crowder. The bill recognizes the significance of the old Spanish national historic trail as a historic resource in Colorado. Subject to the availability of funding from gifts, grants, or donations, the bill requires the executive director of the department of transportation to erect signs marking portions of the trail that travel along or cross highways in Colorado.
  • HB 18-1362 – “Concerning the Membership Expansion of the Colorado Task Force on Drunk and Impaired Driving,” by Rep. Jeni James Arndt and Sen. Jack Tate. The bill adds 3 members to the Colorado task force on drunk and impaired driving. The executive director of the department of transportation, or the director’s designee, shall appoint a community-based representative from the substance use disorder prevention field and a representative from the retail or medical marijuana industry who is an owner or manager of a retail dispensary. The executive director of the department of revenue, or the director’s designee, shall appoint a representative from the marijuana enforcement division.
  • HB 18-1371 – “Concerning Capital Construction Budget Items, and, in Connection Therewith, Codifying the Three-year Period that Capital Construction Budget Items Remain Available and Clarifying the Deadlines for the Submission of Capital Construction Budget Requests, Budget Request Amendments, and Budget Request Amendments that are Related to a Request for a Supplemental Appropriation,” by Reps. Daneya Esgar & Jon Becker and Sens. John Kefalas & Randy Baumgardner. The bill codifies the 3-year period that capital construction appropriations remain available and clarifies the deadlines for the submission of capital construction budget requests, budget request amendments, and budget request amendments that are related to a request for a supplemental appropriation.
  • HB 18-1372 – “Concerning an Exemption of the Regional Center Depreciation Account in the Capital Construction Fund from the Definition of Cash Fund for Purposes of the Requirements under the Automatic Cash Fund Funding Mechanism for Payment of Future Costs Attributable to Certain of the State’s Capital Assets,” by Reps. Daneya Esgar & Jon Becker and Sen. John Kefalas. The bill exempts the Department of Human Services’ regional center depreciation account in the capital construction fund from the definition of ‘cash fund’ for purposes of the requirements under the automatic cash fund funding mechanism for payment of future costs attributable to certain of the state’s capital assets.
  • HB 18-1375 – “Concerning the Nonsubstantive Revision of Statutes in the Colorado Revised Statutes, as Amended, and, in Connection Therewith, Amending or Repealing Obsolete, Imperfect, and Inoperative Law to Preserve the Legislative Intent, Effect, and Meaning of the Law,” by Reps. Yeulin Willett & Pete Lee and Sen. Bob Gardner. To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative.
  • HB 18-1381 – “Concerning Operations Related to the Sale of Medical Marijuana in the Regulated Medical Marijuana Market, and, in Connection Therewith, Moving from the Seventy Percent Own Source Requirement to a One-year Transition Period of Fifty Percent Own Source Requirement to an Elimination of the Own Source Requirement,” by Reps. Matt Gray & Kevin Van Winkle and Sens. Tim Neville & Cheri Jahn. The bill creates a transition period between the current limited sourcing model that begins July 1, 2018. For one year from that date, medical marijuana centers and optional premises cultivation facilities can purchase and sell 50% of their inventory as a wholesale transaction, and medical marijuana trim is not included in the calculation of the percentage.
  • HB 18-1388 – “Concerning an Exemption from the Requirement to Register a Security if the Security is Subject to a Notice Filing as Permitted under Federal Law,” by Rep. Alec Garnett and Sen. Jack Tate. Existing law generally requires that, for a person to issue a security, either the security or the person must be exempt or the person must register the security with the securities commissioner. The bill eliminates the registration requirement, and substitutes a notice filing requirement.
  • HB 18-1393 – “Concerning Measures to Support Effective Implementation of the ‘Colorado Reading to Ensure Academic Development Act’ for all Students who Receive Services Pursuant to READ Plans, and, in Connection Therewith, Making an Appropriation,” by Reps. Millie Hamner & Tony Exum and Sen. Bob Gardner. Under existing law, the state board of education is required to adopt an approved list of reading assessments, and the department of education is required to adopt advisory lists of literacy programming and professional development in literacy. With regard to the list of approved assessments and the advisory lists, the bill makes several changes.
  • HB 18-1431 – “Concerning Updating Managed Care Provisions in the Medical Assistance Program, and, in Connection Therewith, Aligning Managed Care Provisions with new Federal Managed Care Regulations, Removing Obsolete or Duplicative Statutory Language and Programs, and Updating and Aligning Statutory Provisions to Reflect the Current Statewide Managed Care System,” by Rep. Joann Ginal and Sen. Jim Smallwood. The bill amends, repeals, and relocates provisions of part 4 of article 5 of title 25.5, C.R.S., relating to managed care provisions under the medical assistance program to align with the federal ‘Medicaid and CHIP Managed Care Final Rule of 2016’, and to reflect the implementation of the accountable care collaborative as the statewide managed care system.
  • HB 18-1433 – “Concerning Modifications to the ‘Naturopathic Doctor Act,’ and, in Connection Therewith, Requiring a Naturopathic Doctor to Disclose that the Naturopathic Doctor is Registered and Updating the Terms that a Naturopathic Doctor May Use,” by Rep. Matt Gray and Sens. Jack Tate & Don Coram. As it relates to naturopathic doctors, the bill makes changes to terminology they may use.
  • SB 18-012 – “Concerning Including Military Enlistment as Part of the Postsecondary and Workforce Readiness Performance Indicator for Public Schools,” by Sen. Owen Hill and Rep. Brittany Pettersen. For purposes of determining the level of attainment of each public high school, each school district, the state charter school institute, and the state as a whole on the postsecondary and workforce readiness performance indicator for accreditation, the bill adds enlistment in the military within a year of graduation as a measure of performance.
  • SB 18-013 – “Concerning Expanding the Grades Eligible for the Child Nutrition School Lunch Protection Program, and, in Connection Therewith, Making an Appropriation,” by Sens. Rhonda Fields & Bob Gardner and Rep. Dafna Michaelson Jenet. Current law creates an annual appropriation to provide lunches at no charge to children in state-subsidized early childhood education programs administered by public schools or in kindergarten through fifth grade who would otherwise have to pay for a reduced-price lunch. The bill extends the grade of eligibility to eighth grade in schools that elect to participate in the expanded program.
  • SB 18-031 – “Concerning an Extension of the Title 12 Recodification Study Being Conducted by the Office of Legislative Legal Services, and, in Connection Therewith, Making an Appropriation,” by Sen. Bob Gardner and Rep. Mike Foote. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes. The law authorizing the study repeals on September 1, 2018. The bill extends the title 12 recodification study for one additional year, through September 1, 2019.
  • SB 18-033 – “Concerning the Continuation of the Animal Feeding Operation Permit Program under the Department of Public Health and Environment, and, in Connection Therewith, Making an Appropriation,” by Sen. Jerry Sonnenberg and Reps. Jeni James Arndt & Jon Becker. The bill replaces the July 1, 2018, repeal date for the department of public health and environment’s animal feeding operation permit program with a repeal date of July 1, 2025. The bill also extends the fees associated with the program at their current levels.
  • SB 18-056 – “Concerning Monetary Amounts in Civil Actions,” by Sen. Cheri Jahn and Reps. Pete Lee & Yeulin Willett. Under current law, a person may file a civil action in county court if the value of the claim is $15,000 or less. The bill increases that limit to $25,000 or less. The bill also changes the filing fees.
  • SB 18-108  – “Concerning the Issuance of Identification Documents under the ‘Colorado Road and Community Safety Act’ to Persons who are Not Lawfully Present in the United States, and, in Connection Therewith, Making an Appropriation,” by Sens. Larry Crowder & Don Coram and Reps. Jeni James Arndt & Jonathan Singer. Currently, a person who is not lawfully present in the United States may obtain a driver’s license or identification card if certain requirements are met. One of the requirements is that the person present a taxpayer identification card. The bill allows a person to present a social security number as an alternative to a taxpayer identification card. The bill allows the license or identification card to be reissued or renewed in accordance with the process used for other licenses and identification cards.
  • SB 18-119 – “Concerning False Imprisonment of a Minor, and, in Connection Therewith, Making an Appropriation,” by Sens. Bob Gardner & Terri Carver and Rep. Adrienne Benavidez. The bill states that a person commits class 5 felony false imprisonment if he or she confines or detains another person less than 18 years of age by means of tying, locking, caging, chaining, or otherwise restricting that person’s freedom of movement by any instrumentality for an unreasonable amount of time under the circumstances.
  • SB 18-141 – “Concerning Voluntary Contribution Designations on the Colorado Individual Income Tax Return Form,” by Sen. Lois Court and Reps. James Wilson & Chris Hansen. The bill creates the donate to a Colorado nonprofit fund in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form.
  • SB 18-150 – “Concerning Measures to Facilitate Voter Registration of Individuals in the Criminal Justice System, and, in Connection Therewith, Making an Appropriation,” by Sens. Stephen Fenberg & Kevin Lundberg and Reps. Hugh McKean & Pete Lee. The bill allows a person on parole to preregister to vote. A person who preregisters is required to meet all the requirements of a person who registers.
  • SB 18-191 – “Concerning the Local Government Limited Gaming Impact Fund, and, in Connection Therewith Making an Appropriation,” by Sen. Bob Gardner and Reps. Terri Carver & Edie Hooten. The bill annually increases the amount of money credited to the limited gaming impact fund by an amount equal to the growth of the state share from the previous fiscal year.
  • SB 18-205 – “Concerning the Regulation of Industrial Hemp as an Agricultural Product, and, in Connection Therewith, Identifying the Unprocessed Seeds of Industrial Hemp as a Commodity under the ‘Commodity Handler Act’ and Industrial Hemp as a Farm Product under the ‘Farm Products Act,'” by Sens. Vicki Marble & Don Coram and Reps. Marc Catlin & Barbara McLachlin. The bill includes the unprocessed seeds of industrial hemp in the definition of ‘commodity’ within the ‘Commodity Handler Act’, thus subjecting a person who acts as a commodity handler with respect to the unprocessed seeds of industrial hemp to the licensing requirements set forth in the ‘Commodity Handler Act’.
  • SB 18-208 – “Concerning the Creation of the Governor’s Mansion Maintenance Fund,” by Sen. Randy Baumgartner & John Kefalas and Reps. Daneya Esgar & Chris Hansen. The bill creates the governor’s mansion maintenance fund, which is comprised of the money generated from the mansion’s operation, such as rental fees.
  • SB 18-209 – “Concerning Modifications to the Government Data Advisory Board Created in the Office of Information Technology,” by Sens. Beth Martinez Humenik & Nancy Todd and Reps. Dan Thurlow & Dan Pabon. The government data advisory board (board) was created in the office of information technology to advise and provide recommendations to the chief information officer regarding interdepartmental data protocol and best practices in sharing and protecting data in state government. The bill modifies the definition of interdepartmental protocol to reflect current practice. The bill also modifies the composition of the board to include a representative from each state agency and to remove members of the education data subcommittee from the board.
  • SB 18-210 – “Concerning the Regulation of Real Estate Appraisal Management Companies, and, in Connection Therewith, Aligning State Law with Current Federal Law and Regulations,” by Sen. Jack Tate and Reps. Jeni James Arndt & Edie Hooten. The bill amends the definition of ‘appraisal management company’ to contain all of the elements specified in recent amendments to Title XI of the federal ‘Financial Institutions Reform, Recovery, and Enforcement Act of 1989’ (FIRREA) and regulations adopted in furtherance of FIRREA. Section 1 also adds a definition of ‘appraiser panel’ to include appraisers working as independent contractors.
  • SB 18-213 – “Concerning Requiring Local School Districts to Recognize Academic Credits Earned by Students in the Custody of the Division of Youth Services,” by Sen. Beth Martinez Humenik and Rep. Leslie Herod. Under current law, when a student in out-of-home placement transfers from one school to another school, the sending school must certify to the receiving school or school district the course work that the student has fully or partially completed while enrolled at the school. The bill requires receiving schools and school districts to follow the same procedures for a student who transfers to a school or school district from a division of youth services placement.
  • SB 18-233 – “Concerning Technical Modifications to Miscellaneous Provisions of the ‘Uniform Election Code of 1992,’ and, in Connection Therewith, Making an Appropriation,” by Sens. Vicki Marble & Stephen Fenberg and Reps. Mike Foote & Patrick Neville. The bill makes several technical modifications to miscellaneous provisions of the ‘Uniform Election Code of 1992.’
  • SB 18-235 – “Concerning the Creation of the Colorado Industrial Hemp Research and Development Authority,” by Sen. Don Coram and Rep. Jeni James Arndt. The bill creates the Colorado industrial hemp research and development task force to study whether to develop an industrial hemp research and development authority to develop, fund, and promote educational, research, and development programs and collaborative efforts concerning industrial hemp.
  • SB 18-239 – “Concerning a Licensed Chiropractor’s Ability to Perform Animal Chiropractic on an Animal Patient,” by Sen. Vicki Marble and Reps. Jeni James Arndt & James Wilson. Under current law, a licensed chiropractor must obtain a veterinary medical clearance from a licensed veterinarian before performing an animal chiropractic act that falls within the chiropractor’s scope of practice on an animal patient. The bill removes the veterinary medical clearance requirement for licensed chiropractors who have successfully completed 9 hours of course work related to contagious, infectious, and zoonotic diseases.
  • SB 18-253 – “Concerning the Effective Date to Transition the Department of Revenue’s CSTARS Account to the Department of Revenue’s DRIVES Vehicle Services Account,” by Sen. Kent Lambert and Rep. Dave Young. The bill establishes a uniform date of July 1, 2019, to transition the department of revenue’s Colorado state titling and registration (CSTARS) account to the department of revenue’s DRIVES vehicle services account. The bill also delays for one year the corresponding statutory repeal dates.
  • SB 18-262 – “Concerning Targeted Funding for Public Institutions of Higher Education to Help Achieve the Colorado Commission on Higher Education Master Plan Goals, and, in Connection Therewith, Making an Appropriation,” by Sen. Bob Gardner and Reps. Crisanta Duran & Jeff Bridges. The bill makes appropriations to the department of higher education for need-based grants, student stipends, fee-for-service contracts with institutions of higher education, local district college grants, and area technical colleges.
  • SB 18-266 – “Concerning Controlling Costs under the ‘Colorado Medical Assistance Act, and, in Connection Therewith, Using Data and Technology, Creating a Hospital Review Program, and Making and Reducing an Appropriation,” by Sen. Kevin Lundberg and Rep. Dave Young. The bill directs the Department of Health Care Policy and Financing to provide information to providers participating in the accountable care collaborative.
  • SB 18-268 – “Concerning the Scope of the Authority of the Department of Transportation to Award a Design Bid Build Highway Project Contract in an Amount that Exceeds the Estimate of the Department on the Project,” by Sens. Ray Scott & Dominick Moreno and Reps. Barbara McLachlin. If there are fewer than 3 bidders on a design bid build highway project, a provision of current law generally prohibits the department of transportation (CDOT). The bill authorizes a designee of the executive director to award such a contract.

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

Bill Signed Authorizing Court Appointees for Marijuana Businesses

On Tuesday, May 15, 2018, Governor Hickenlooper signed one bill into law. To date, he has signed 226 bills and sent two to the Secretary of State without a signature. The bill signed Tuesday was HB 18-1280, “Concerning Regulatory Procedures Related to the Appointment of a Court Appointee for a Regulated Marijuana Business, and, in Connection Therewith, Making an Appropriation,” by Rep. Jovan Melton and Sen. Don Coram. Under current law, there are no provisions that specifically address what happens to a regulated marijuana business when a representative is appointed for the business. The bill requires a potential appointee to certify to the court prior to the appointment that he or she is suitable to hold a marijuana business license.

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

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

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

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

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

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

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

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

  • SB 18-071 – “Concerning an Extension of the Repeal of the State Substance Abuse Trend and Response Task Force, and, in Connection Therewith, Making an Appropriation,” by Sens. Cheri Jahn & Larry Crowder and Rep. Daneya Esgar. The state substance abuse trend and response task force is scheduled to be repealed effective July 1, 2018. The bill extends the repeal for 10 years to September 1, 2028.
  • SB 18-146 – “Concerning a Requirement that a Freestanding Emergency Department Inform a Person who is Seeking Medical Treatment about the Health Care Options that are Available to the Person, and, in Connection Therewith, Making an Appropriation,” by Sens. John Kefalas & Jim Smallwood and Reps. Lang Sias & Jonathan Singer. The bill requires a freestanding emergency department (FSED), whether operated by a hospital at a separate, off-campus location or operating independently of a hospital system, to provide any individual that enters the FSED seeking treatment a written statement of patient information, which an FSED staff member or health care provider must explain orally.
  • SB 18-154 – “Concerning a Requirement for a Local Juvenile Services Planning Committee to Devise a Plan to Manage Dually Identified Crossover Youth,” by Sen. Rhonda Fields and Rep. Joseph Salazar. The bill requires local juvenile services planning committees to devise a plan to manage dually identified crossover youth. A dually identified crossover youth is a youth involved in both the juvenile justice system and the child welfare system. The plan must contain descriptions and processes.
  • SB 18-169 – “Concerning Offenses Against Witnesses in Noncriminal Proceedings,” by Sen. Bob Gardner and Rep. Terri Carver. The clarifies that the offenses of intimidating a witness or victim and retaliation against a witness or victim apply to witnesses in criminal, civil, and administrative proceedings.
  • SB 18-180 – “Concerning the Colorado Uniform Trust Code,” by Sen. Bob Gardner and Reps. Cole Wist & Matt Gray. The bill enacts the Colorado Uniform Trust Code and repeals many sections of the Colorado Probate Code.
  • SB 18-187 – “Concerning Transferring Marijuana Fibrous Waste for the Purpose of Producing Industrial Fiber Products,” by Sens. Vicki Marble & Jack Tate and Rep. Jeni James Arndt. The bill gives the state licensing authority rule-making authority to address conditions under which a medical or retail marijuana licensee is authorized to transfer marijuana fibrous waste to a person for the purpose of producing only industrial fiber products.
  • HB 18-1104 – “Concerning Family Preservation Safeguards for Parents with Disabilities,” by Rep. Jessie Danielson and Sens. Dominick Moreno & Kent Lambert. The bill establishes that family protection safeguards for a parent or prospective parent with a disability are critical to family preservation and the best interests of the children of Colorado. These safeguards include that a parent’s disability must not serve as a basis for denial or restriction of parenting time or parental responsibilities in a domestic law proceeding, that a parent’s disability must not serve as a basis for denial of participation in a public or private adoption, or for denial of foster care or guardianship, and that the benefits of providing supportive parenting services must be considered by a court when determining parental responsibilities, parenting time, adoption placements, foster care, and guardianship.
  • HB 18-1132 – “Concerning the Amount that the Department of Corrections is Required to Reimburse a County or City and County for the Confinement and Maintenance in a Local Jail of any Person who is Sentenced to a Term of Imprisonment in a Correctional Facility,” by Rep. Dafna Michaelson Jenet and Sen. Larry Crowder. Under current law, the General Assembly establishes in its annual general appropriations bill the amount that the Department of Corrections is required to reimburse any county or city and county for a portion of the expenses and costs incurred by that county or city and county for the confinement and maintenance in a local jail of any person who is sentenced to a term of imprisonment in a correctional facility. The bill states that, to assist the General Assembly in determining such rate of reimbursement, each county and each city and county shall report to the joint budget committee the average cost of confining and maintaining persons in a local jail for more than 72 hours after each such person has been sentenced to the custody of the department.
  • HB 18-1147 – “Concerning the Continuation of the Regulation of People who Modify the Weather, and, in Connection Therewith, Implementing the Sunset Review Recommendations of the Department of Regulatory Agencies,” by Reps. Joann Ginal & Kim Ransom and Sen. Don Coram. The bill continues the regulation of people who modify the weather.
  • HB 18-1211 – “Concerning Controlling Medicaid Fraud,” by Reps. Cole Wist & Mike Foote and Sens. Irene Aguilar & Jim Smallwood. The bill establishes the medicaid fraud control unit in the department of law. The unit is responsible for investigation and prosecution of medicaid fraud and waste, as well as patient abuse, neglect, and exploitation. Prior to initiating a criminal prosecution, the unit must consult with the district attorney of the judicial district where the prosecution would be initiated.
  • HB 18-1237 – “Concerning the Continuation of the Requirements Regarding the Preparation of a Cost-Benefit Analysis as Administered by the Department of Regulatory Agencies, and, in Connection Therewith, Implementing the Recommendations Contained in the 2017 Sunset Report by the Department of Regulatory Agencies,” by Reps. Tracy Kraft-Tharp & Kevin Van Winkle and Sen. Tim Neville. The bill implements the recommendations of the Department of Regulatory Agencies’ sunset review and report on requirements and procedures regarding the preparation of a cost-benefit analysis.
  • HB 18-1243 – “Concerning Enactment of a Civil Rape Shield Law,” by Reps. Mike Foote & Cole Wist and Sens. Don Coram & Rhonda Fields. Under Colorado criminal law there is a rape shield law that presumes that evidence of a victim’s sexual conduct is irrelevant and not admissible except for evidence of the victim’s prior or subsequent sexual conduct with the defendant or evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts were or were not committed by the defendant. The bill creates a similar presumption in a civil proceeding involving alleged sexual misconduct. If a party wants to introduce sexual conduct evidence, it must file a confidential motion with the court at least 63 days prior to trial. Prior to ruling on the motion, the court shall conduct an in camera hearing and allow the parties and alleged victim to attend and be heard.
  • HB 18-1275 – “Concerning the Repeal of the Craig Hospital License Plate Donation Requirement,” by Rep. Jeff Bridges and Sen. Daniel Kagan. Current law requires an applicant to make a donation to Craig Hospital in order to be issued a special Craig Hospital license plate. The bill repeals the $20 donation requirement.
  • HB 18-1282 – “Concerning a Requirement that a Health Care Provider Include Certain Identifying Information on all Claims for Reimbursement for Health Care Services,” by Reps. Susan Lontine & Lang Sias and Sens. Jim Smallwood & John Kefalas. The bill requires an off-campus location of a hospital to apply for, obtain, and use on claims for reimbursement for health care services provided at the off-campus location a unique national provider identifier, commonly referred to as NPI. The off-campus location’s NPI must be used on all claims related to health care services provided at that location, regardless of whether the claim is filed through the hospital’s central billing or claims department or through a health care clearinghouse. It also requires all medicaid providers that are entities to obtain and use a unique NPI for each site at which they deliver services and for each provider type that the department of health care policy and financing has specified.

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

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

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

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

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

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

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

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

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

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

The judgment enforcing the subpoena was affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Board Had No Basis for Investigating Physician Based on Reasons Outside Subpoena

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

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

Dr. McLaughlin, a licensed Colorado physician, received a subpoena duces tecum from the Colorado Medical Board (Board) to produce certain medical records. The Board issued the subpoena after it had received a complaint from the Colorado Department of Public Health and Environment (CDPHE) related to Dr. McLaughlin’s medical marijuana recommendations. Dr. McLaughlin objected to the Board’s subpoena, arguing that CDPHE’s referral policy was invalidly adopted. On that basis, he refused to produce the subpoenaed records. The Board filed an application for an order enforcing the subpoena. The district court concluded that although the physician referral policy was invalid, the subsequent investigation and subpoena were for a lawfully valid purpose, and the court granted the Board’s application.

On appeal, Dr. McLaughlin contended that the subpoena was not issued for a lawful purpose because the policy prompting the Board’s investigation was adopted in violation of Colorado’s Open Meetings Law. Here, the subpoena was issued solely as a result of a physician referral policy promulgated in violation of the Open Meetings Law and the State Administrative Procedure Act. Because the Board had no basis for investigating the physician apart from the invalid physician referral policy, the subpoena had no lawful purpose and the district court erred in enforcing the subpoena.

The judgment was reversed. However, the dissent agreed with the majority in Colorado Medical Board v. Boland, 2018 COA 39, and would affirm the district court’s judgment.

Summary provided courtesy of Colorado Lawyer.