The information contained herein is current as of today's date.

Calendar Notification of Your Bill Dossier

Bill HB15-1098 - HUMPHREY / NEVILLE T. Red Light Camera
   Wednesday, May 6 2015
   THIRD READING OF BILLS - FINAL PASSAGE
   (14) in senate calendar.

Bill HB15-1018 - NOT ON CALENDAR

Bill HB15-1029 - NOT ON CALENDAR

Bill HB15-1031 - NOT ON CALENDAR

Bill HB15-1048 - NOT ON CALENDAR

Bill HB15-1049 - NOT ON CALENDAR

Bill HB15-1054 - NOT ON CALENDAR

Bill HB15-1065 - NOT ON CALENDAR

Bill HB15-1066 - NOT ON CALENDAR

Bill HB15-1110 - NOT ON CALENDAR

Bill HB15-1223 - NOT ON CALENDAR

Bill SB15-015 - NOT ON CALENDAR

Bill SB15-019 - NOT ON CALENDAR

Bill SB15-022 - NOT ON CALENDAR

Bill SB15-023 - NOT ON CALENDAR

Bill SB15-057 - NOT ON CALENDAR

Bill SB15-177 - NOT ON CALENDAR

Bill SB15-213 - NOT ON CALENDAR

Bill SB15-262 - NOT ON CALENDAR

Bill SB15-265 - NOT ON CALENDAR

Bill SB15-269 - NOT ON CALENDAR


BILL HB15-1018



Current law lists a number of persons who are required to report to law enforcement the abuse or exploitation of a person 70 years of age or older. The bill adds additional persons to the list.

Status
1/7/2015 01/07/2015 Introduced In House - Assigned to Judiciary + Public Health Care & Human Services
2/3/2015 02/03/2015 House Committee on Judiciary Refer Amended to Public Health Care & Human Services
2/20/2015 02/20/2015 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
4/10/2015 04/10/2015 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/13/2015 04/13/2015 House Second Reading Laid Over Daily - No Amendments
4/14/2015 04/14/2015 House Second Reading Passed with Amendments - Committee
4/15/2015 04/15/2015 House Third Reading Passed - No Amendments
4/16/2015 04/16/2015 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/20/2015 04/20/2015 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Amendment

House Journal, February 5
21 HB15-1018 be amended as follows, and as so amended, be referred to
22 the Committee on Public Health Care & Human Services
23 with favorable recommendation:
24
25 Amend printed bill, page 2, line 11, after "amend" insert "(1) (b) (VII),
26 (1) (b) (VIII), and".
27
28 Page 2, strike lines 12 and 13 and substitute "(1) (b) (XVII); and add (1)
29 (b) (XIX) and (1) (b) (XX) as follows:".
30
31 Page 2, after line 17, insert:
32 "(VII) Psychologists, and other mental health professionals AS
33 DEFINED IN SECTION 12-43-201, C.R.S.; SOCIAL WORKERS, AS DEFINED IN
34 SECTION 12-43-401, C.R.S.; MARRIAGE AND FAMILY THERAPISTS, AS
35 DEFINED IN SECTION 12-43-201, C.R.S.; LICENSED PROFESSIONAL
36 COUNSELORS, AS DEFINED IN SECTION 12-43-201, C.R.S.; REGISTERED
37 PSYCHOTHERAPISTS, AS DEFINED IN SECTION 12-43-201, C.R.S.; AND
38 LICENSED ADDICTION COUNSELORS, AS DEFINED IN SECTION 12-43-201,
39 C.R.S.;
40 (VIII) Social work practitioners;".
41
42 Page 2, strike line 21.
43
44 Page 2, line 22, strike "(XX)" and substitute "(XIX)", and strike
45 "ASSOCIATED WITH" and substitute "EMPLOYED BY OR VOLUNTEERING
46 WITH ANY".
47
48 Page 2, strike lines 24 through 26.
49
50 Renumber succeeding subparagraph accordingly.
51
52

House Journal, February 24
7 HB15-1018 be amended as follows, and as so amended, be referred to
8 the Committee on Appropriations with favorable
9 recommendation:
10
11 Amend the Judiciary Committee Report, dated February 3, 2015, page 1,
12 line 12, after "LICENSED" insert "OR CERTIFIED".
13
14 Page 1 of the committee report, strike line 20 and substitute:
15
16 "Page 3, strike lines 1 through 3 and substitute:
17
18 "(XX) EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OPERATING
19 SPECIALIZED TRANSPORTATION SERVICES PRIMARILY AND SPECIFICALLY
20 FOR THE TRANSPORT OF AT-RISK ELDERS.".".
21

House Journal, April 10
38 HB15-1018 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend printed bill, page 3, after line 3 insert:
43
44 "SECTION 3. Appropriation. (1) For the 2015-16 state fiscal
45 year, $30,002 is appropriated to the department of human services. This
46 appropriation is from the general fund. To implement this act, the
47 department may use this appropriation as follows:
48 Adult assistance programs, adult protective services
40049 State administration $2,
50 Adult protective services $27,602".
51
52 Renumber succeeding sections accordingly.
53
54 Page 1, line 104, strike "CITIZENS." and substitute "CITIZENS AND
55 MAKING AN APPROPRIATION.".
56




BILL HB15-1029


Under current law, health benefit plans issued, amended, or renewed in this state cannot require in-person health care delivery for a person covered under the plan who resides in a county with 150,000 or fewer residents if the care can be appropriately delivered through telemedicine and the county has the technology necessary for care delivery via telemedicine. Starting January 1, 2016, the bill removes the population restrictions and precludes a health benefit plan from requiring in-person care delivery when telemedicine is appropriate, regardless of the geographic location of the health care provider and the recipient of care. A provider need not demonstrate that a barrier to in-person care exists for coverage of telemedicine under a health benefit plan to apply. In addition, carriers:
* Must reimburse providers who deliver care through telemedicine on the same basis that the carrier is responsible for coverage of services delivered in person;
* Cannot charge deductible, copayment, or coinsurance amounts that are not equally imposed on all terms and services covered under the health benefit plan; and
* Cannot impose an annual or lifetime dollar maximum that applies separately to telemedicine services.

Status
1/7/2015 01/07/2015 Introduced In House - Assigned to Health, Insurance, & Environment
1/22/2015 01/22/2015 House Committee on Health, Insurance, & Environment Refer Amended to House Committee of the Whole
1/27/2015 01/27/2015 House Second Reading Passed with Amendments - Committee
1/28/2015 01/28/2015 House Third Reading Passed - No Amendments
2/6/2015 02/06/2015 Introduced In Senate - Assigned to Health & Human Services
2/19/2015 02/19/2015 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
2/24/2015 02/24/2015 Senate Second Reading Passed with Amendments - Committee
2/25/2015 02/25/2015 Senate Third Reading Laid Over Daily - No Amendments
2/26/2015 02/26/2015 Senate Third Reading Laid Over Daily - No Amendments
2/27/2015 02/27/2015 Senate Third Reading Passed - No Amendments
2/27/2015 02/27/2015 Senate Third Reading Reconsidered - No Amendments
3/2/2015 03/02/2015 House Considered Senate Amendments - Result was to Laid Over Daily
3/4/2015 03/04/2015 House Considered Senate Amendments - Result was to Concur - Repass
3/11/2015 03/11/2015 Sent to the Governor
3/11/2015 03/11/2015 Signed by the Speaker of the House
3/12/2015 03/12/2015 Sent to the Governor
3/12/2015 03/12/2015 Signed by the President of the Senate
3/20/2015 03/20/2015 Governor Signed

Amendment

Senate Journal, February 20
After consideration on the merits, the Committee recommends that HB15-1029 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 3, line 7, strike "APPROPRIATE." and
substitute "APPROPRIATE OR WHEN A COVERED PERSON CHOOSES NOT TO
RECEIVE CARE THROUGH TELEHEALTH."





BILL HB15-1031


The bill prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. A person who violates the prohibition commits a class 2 misdemeanor. Research hospitals, educational institutions, and pharmaceutical or biotechnology companies conducting bona fide research are excluded from the prohibition. If the federal food and drug administration approves the use of powdered alcohol and the state enacts and implements a mechanism for regulating powdered alcohol, the prohibition is repealed.

Status
1/7/2015 01/07/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs
1/26/2015 01/26/2015 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
1/29/2015 01/29/2015 House Second Reading Passed with Amendments - Committee
1/30/2015 01/30/2015 House Third Reading Laid Over Daily - No Amendments
2/2/2015 02/02/2015 House Third Reading Passed - No Amendments
2/6/2015 02/06/2015 Introduced In Senate - Assigned to Judiciary
2/24/2015 02/24/2015 Senate Committee on Judiciary Refer Unamended to Senate Committee of the Whole
2/27/2015 02/27/2015 Senate Second Reading Passed with Amendments - Floor
3/2/2015 03/02/2015 Senate Third Reading Passed - No Amendments
3/4/2015 03/04/2015 House Considered Senate Amendments - Result was to Laid Over Daily
3/6/2015 03/06/2015 House Considered Senate Amendments - Result was to Laid Over to 03/06/2015
3/19/2015 03/19/2015 House Considered Senate Amendments - Result was to Concur - Repass
3/19/2015 03/19/2015 House Considered Senate Amendments - Result was to Laid Over Daily
3/19/2015 03/19/2015 House Considered Senate Amendments - Result was to Laid Over Daily03/06/2015
3/20/2015 03/20/2015 Signed by the Speaker of the House
3/20/2015 03/20/2015 Signed by the President of the Senate
3/20/2015 03/20/2015 Sent to the Governor
3/30/2015 03/30/2015 Governor Signed

Amendment

House Journal, January 27
22 HB15-1031 be amended as follows, and as so amended, be referred to
23 the Committee of the Whole with favorable
24 recommendation:
25
26 Amend printed bill, page 2, line 11, after "POWDER" insert "OR
27 CRYSTALLINE".
28
29 Page 2, line 20, strike "(a)".
30
31 Page 2, strike lines 21 and 22 and substitute "ENTITIES:".
32 Page 2, line 23, strike "(I)" and substitute "(a)".
33
34 Page 2, line 25, strike "(II)" and substitute "(b)".
35 Page 2, line 26, strike "(III)" and substitute "(c)".
36
37 Page 3, line 2, strike "(IV)" and substitute "(d)".
38 Page 3, strike lines 4 through 12.
39
40 Page 3, line 14, strike "FOOD AND DRUG ADMINISTRATION" and substitute
41 "ALCOHOL AND TOBACCO TAX AND TRADE BUREAU".
42
43 Page 3, line 17, after "STATE" insert "LICENSING AUTHORITY".
44
45 Page 3, line 20, strike "STATE" and substitute "REVENUE".
46
47 Page 3, strike lines 21 and 22 and substitute "SHALL NOTIFY THE REVISOR
48 OF".
49
50

House Journal, January 29
14 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
15 January 26, 2015, and placed in member's bill file; Report also printed in
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20




BILL HB15-1048


Reserve requirements for life insurance companies are currently based on regulatory requirements put into effect in the 1960s, 1970s, and 1980s. The bill authorizes the commissioner of insurance to adopt more modern, principle-based reserving requirements for life insurance companies. The bill grants the commissioner of insurance authority to adopt a valuation manual and standard ordinary mortality table adopted by the National Association of Insurance Commissioners for use in determining the minimum nonforfeiture standard for life insurance policies.

Status
1/7/2015 01/07/2015 Introduced In House - Assigned to Health, Insurance, & Environment
1/29/2015 01/29/2015 House Committee on Health, Insurance, & Environment Refer Unamended to Appropriations
2/6/2015 02/06/2015 House Committee on Appropriations Refer Unamended to House Committee of the Whole
2/17/2015 02/17/2015 House Second Reading Laid Over Daily - No Amendments
2/19/2015 02/19/2015 House Second Reading Passed - No Amendments
2/20/2015 02/20/2015 House Third Reading Passed - No Amendments
2/25/2015 02/25/2015 Introduced In Senate - Assigned to Finance
2/25/2015 02/25/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
3/9/2015 03/09/2015 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
3/13/2015 03/13/2015 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/17/2015 03/17/2015 Senate Second Reading Passed - No Amendments
3/18/2015 03/18/2015 Senate Third Reading Passed - No Amendments
3/20/2015 03/20/2015 Signed by the Speaker of the House
3/20/2015 03/20/2015 Signed by the President of the Senate
3/20/2015 03/20/2015 Sent to the Governor
3/30/2015 03/30/2015 Governor Signed


BILL HB15-1049


The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses.

Status
1/7/2015 01/07/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs
2/2/2015 02/02/2015 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL HB15-1054


The bill authorizes a person to drive an off-highway vehicle on a county roadway if the person has a driver's license and obeys the rules of the road. Off-highway vehicles are subject to the law against careless driving and a speed limit of 40 miles per hour unless local authorities raise it. The bill also authorizes a person to register an off-highway vehicle with the department of revenue, which issues license plates to registered vehicles. If a person registers an off-highway vehicle, the person may drive on county roads, as approved by the board of county commissioners. A person must comply with the following to operate a registered off-highway vehicle on a roadway:
* The vehicle must have insurance;
* The vehicle must display the license plate issued by the department;
* The driver must wear eye glasses or a helmet with eye protection;
* The vehicle must have brakes, a head lamp (if driven at night), and tail lights; and
* The driver and any passenger must wear a helmet if both are under 18 years of age. To register an off-highway vehicle, a person shall pay:
* The license plate fee;
* The motorist insurance identification fee; and
* A registration fee of $10. A county may authorize and regulate the use of off-highway vehicles, authorize people to drive on roads without a driver's license, and enter into cooperative agreements with the federal government to enforce off-highway vehicle ordinances. A county must publish a map of all roadways available for off-highway vehicle use. Violations are classified as class B traffic infractions, with a penalty of $15 to $100 and no license suspension points. Except for off-highway vehicles used for agriculture, all off-highway vehicles must get a certificate of title by July 1, 2016. The penalties for this requirement are phased in until 2017.

Status
1/7/2015 01/07/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs + Finance
1/28/2015 01/28/2015 House Committee on State, Veterans, & Military Affairs Refer Amended to Finance
2/19/2015 02/19/2015 House Committee on Finance Postpone Indefinitely

Amendment

House Journal, January 29
48 HB15-1054 be amended as follows, and as so amended, be referred to
49 the Committee on Finance with favorable
50 recommendation:
51
52 Amend printed bill, page 14, line 5, strike "THREE- OR FOUR-WHEELED".
53
54 Page 17, line 15, strike the second "LICENSE" and substitute "LICENSE.".
55
56 Page 17, strike lines 16 through 23.
1 Page 25, after line 6 insert:
2
3 "(c) A PERSON SHALL NOT DRIVE A THREE-WHEELED OFF-HIGHWAY
4 VEHICLE ON A ROADWAY.
5 (d) A PERSON SHALL NOT DRIVE AN ENROLLED OFF-HIGHWAY
6 VEHICLE ON A PAVED ROADWAY; EXCEPT THAT A PERSON MAY DRIVE AN
7 ENROLLED OFF-HIGHWAY VEHICLE TO DIRECTLY CROSS THE ROADWAY AT
8 AN AT-GRADE CROSSING TO CONTINUE TRAVELING ALONG A ROADWAY
9 THAT IS NOT PAVED.".
10
11 Page 26, after line 26 insert:
12
13 "(b) A STOP LAMP OR LAMPS ON THE REAR OF THE VEHICLE THAT:
14 (I) DISPLAY A RED OR AMBER LIGHT VISIBLE FROM A DISTANCE OF
15 AT LEAST ONE HUNDRED FEET FROM THE REAR OF THE VEHICLE IN NORMAL
16 SUNLIGHT; AND
17 (II) ARE EACH ACTUATED UPON APPLICATION OF THE SERVICE
18 (FOOT) BRAKE, AND THAT MAY, BUT NEED NOT, BE INCORPORATED WITH
19 ONE OR MORE ADDITIONAL REAR LAMPS;".
20 Reletter succeeding paragraph accordingly.
21
22 Page 27, strike lines 22 through 24 and substitute "VEHICLE ON A
23 ROADWAY AT A SPEED IN EXCESS OF THIRTY-FIVE MILES PER HOUR.".
24
25




BILL HB15-1065


The bill enacts the "Regulatory Reform Act of 2015". Section 2 makes legislative declarations about the importance of businesses with 100 or fewer employees to the Colorado economy and the difficulty these types of businesses have in complying with new administrative rules that are not known or understood by these businesses. Section 3 defines "new rule" as any regulatory requirement in existence for less than one year prior to its enforcement by a state agency, and "minor violation" as any violation of a new rule by a business of 100 or fewer employees where the violation is minor in nature, involving record-keeping and issues that do not affect the safety of the public or workers. Section 2 provides exceptions from the definition of "minor violation" for certain types of rules. For the first minor violation of a new rule by a business of 100 or fewer employees, section 4 of the bill requires a state agency to issue a written warning and engage the business in educational outreach as to the methods of complying with the new rule. Section 3 requires state agencies to make information on new rules available and allows this information to be made available in electronic form.

Status
1/9/2015 01/09/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs + Appropriations
3/30/2015 03/30/2015 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL HB15-1066


In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the "Colorado Health Benefit Exchange Act" (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2016. The bill requires the state treasurer to transfer any unencumbered moneys that remain in the exchange to the general fund.

Status
1/9/2015 01/09/2015 Introduced In House - Assigned to Health, Insurance, & Environment + State, Veterans, & Military Affairs
1/29/2015 01/29/2015 House Committee on Health, Insurance, & Environment Postpone Indefinitely


BILL HB15-1098


The bill repeals the authorization for the state, a county, a city and county, or a municipality to use automated vehicle identification systems to identify violators of traffic regulations and issue citations based on photographic evidence, and creates a prohibition on such activity. The bill repeals the authorization for the department of public safety to use an automated vehicle identification system to detect speeding violations within a highway maintenance, repair, or construction zone.

Status
1/15/2015 01/15/2015 Introduced In House - Assigned to Transportation & Energy + Appropriations
2/25/2015 02/25/2015 House Committee on Transportation & Energy Refer Amended to Appropriations
4/24/2015 04/24/2015 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/28/2015 04/28/2015 House Second Reading Laid Over Daily - No Amendments
4/30/2015 04/30/2015 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/1/2015 05/01/2015 House Third Reading Passed - No Amendments
5/1/2015 05/01/2015 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
5/4/2015 05/04/2015 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole
5/5/2015 05/05/2015 Senate Second Reading Special Order - Passed with Amendments - Committee
5/6/2015 05/06/2015 Senate Third Reading Passed - No Amendments
5/6/2015 05/06/2015 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/6/2015 05/06/2015 House Considered Senate Amendments - Result was to Concur - Repass
5/14/2015 05/14/2015 Signed by the Speaker of the House
5/18/2015 05/18/2015 Signed by the President of the Senate
5/18/2015 05/18/2015 Sent to the Governor
6/3/2015 06/03/2015 Governor Vetoed

Amendment

House Journal, February 26
9 HB15-1098 be amended as follows, and as so amended, be referred to
10 the Committee on Appropriations with favorable
11 recommendation:
12
13 Amend printed bill, page 2, line 14, strike "(d) AND" and substitute "(d),".
14
15 Page 2, line 15, strike "43-3-302, C.R.S." and substitute "43-3-302,
16 C.R.S., AND TO ASSESS TOLLS AND CIVIL PENALTIES FOR PUBLIC
17 HIGHWAYS PURSUANT TO SECTIONS 43-4-506 AND 43-4-506.5, C.R.S.".

House Journal, April 30
1 Amendment No. 1, moved by Representative(s) Singer.
2
3 Page 2 of the printed bill, strike lines 2 through 18 and substitute:
4
5 "SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend (1)
6 and (2) introductory portion as follows:
7
8 42-4-110.5. Automated vehicle identification systems. (1) The
9 general assembly hereby finds and declares that the enforcement of traffic
10 laws through the use of automated vehicle identification systems under
11 this section is a matter of statewide MIXED STATE AND LOCAL concern and
12 is an area in which uniform state standards THAT SUPERSEDE CONFLICTING
13 LOCAL CHARTER PROVISIONS AND ORDINANCES are necessary.
14 (2) EXCEPT AS OTHERWISE PROVIDED IN SECTION 42-4-110.7, a
15 municipality may adopt an ordinance authorizing the use of an automated
16 vehicle identification system to detect violations of traffic regulations
17 adopted by the municipality, or the state, a county, a city and county, or
18 a municipality may utilize an automated vehicle identification system to
19 detect traffic violations under state law, subject to the following
20 conditions and limitations:
21 SECTION 2. In Colorado Revised Statutes, add 42-4-110.7, as
22 follows:
23 42-4-110.7. Automated vehicle identification systems - voter
24 approval - definition. (1) (a) IF THE STATE, OR A LOCAL GOVERNMENT
25 THAT IS NOT ALREADY USING AUTOMATED VEHICLE IDENTIFICATION
26 SYSTEMS AS OF THE EFFECTIVE DATE OF THIS PARAGRAPH (a), WISHES TO
27 BEGIN USING RED LIGHT CAMERAS, IT SHALL SUBMIT THE FOLLOWING
28 BALLOT QUESTION TO THE VOTERS OF THE STATE OR THE LOCAL
29 GOVERNMENT, AS APPLICABLE, AT A GENERAL ELECTION: "SHALL [THE
30 STATE/NAME OF LOCAL GOVERNMENT] BE AUTHORIZED TO USE
31 AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AT [NAME OF
32 LOCATIONS]?" IF THE VOTERS APPROVE THE BALLOT QUESTION, THE STATE
33 OR THE LOCAL GOVERNMENT, AS APPLICABLE, MAY BEGIN TO USE
34 AUTOMATED VEHICLE IDENTIFICATION SYSTEMS.
35
36 (b) A LOCAL GOVERNMENT THAT IS USING AN AUTOMATED VEHICLE
37 IDENTIFICATION SYSTEM AS OF THE EFFECTIVE DATE OF THIS SECTION AND
38 THAT WISHES TO CONTINUE TO USE RED LIGHT CAMERAS SHALL SUBMIT
39 THE FOLLOWING BALLOT QUESTION TO ITS VOTERS AT THE 2017 GENERAL
40 ELECTION: "SHALL [NAME OF LOCAL GOVERNMENT] BE AUTHORIZED TO
41 CONTINUE TO USE AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AT
42 [NAME OF LOCATIONS]?" IF THE VOTERS APPROVE THE BALLOT QUESTION,
43 THE LOCAL GOVERNMENT MAY CONTINUE TO USE AUTOMATED VEHICLE
44 IDENTIFICATION SYSTEMS. IF THE VOTERS DO NOT APPROVE THE BALLOT
45 QUESTION, THE LOCAL GOVERNMENT SHALL DISCONTINUE ITS USE OF
46 AUTOMATED VEHICLE IDENTIFICATION SYSTEMS WITHIN TWO MONTHS
47 FOLLOWING THE DATE OF CERTIFICATION OF THE VOTE ON THE BALLOT
48 QUESTION. IF THE LOCAL GOVERNMENT CHOOSES NOT TO SUBMIT THE
49 BALLOT QUESTION, IT SHALL DISCONTINUE ITS USE OF AUTOMATED
50 VEHICLE IDENTIFICATION SYSTEMS NO LATER THAN NOVEMBER 7, 2017.
51
52 (c) NOTWITHSTANDING PARAGRAPHS (a) AND (b) OF THIS SUBSECTION
53 (1), A GOVERNMENTAL ENTITY OR AGENT THEREOF OR A TOLL ROAD OR
54 TOLL HIGHWAY OPERATOR MAY USE AN AUTOMATED VEHICLE
55 IDENTIFICATION SYSTEM TO ASSESS TOLLS AND CHARGES AND ISSUE
56 CITATIONS FOR VIOLATIONS RELATING TO HIGH OCCUPANCY VEHICLE AND
1 HIGH OCCUPANCY TOLL LANES PURSUANT TO SECTION 42-4-1012 (1) (d),
2 TO ASSESS TOLLS AND CIVIL PENALTIES FOR TOLL ROADS AND HIGHWAYS
3 PURSUANT TO SECTION 43-3-302, C.R.S., AND TO ASSESS TOLLS AND CIVIL
4 PENALTIES FOR PUBLIC HIGHWAYS PURSUANT TO SECTIONS 43-4-506 AND
5 43-4-506.5, C.R.S.".
6
7 Page 2, strike lines 24 and 25.
8
9 Strike page 3.
10
11 Page 4, strike lines 1 through 26.
12
13 Renumber succeeding section accordingly.
14
15 Amendment No. 2, moved by Representative(s) Kraft-Tharp.
16
17 Amend Amendment No. 1 by Representative Singer, printed in House
18 Journal page 1181, after line 4 insert:
19
20 "(2) ON AND AFTER NOVEMBER 7, 2017, THE STATE OR LOCAL
21 GOVERNMENT THAT GENERATES REVENUE THROUGH THE USE OF
22 AUTOMATED VEHICLE IDENTIFICATIONS SHALL USE THE REVENUE FOR
23 TRAFFIC SAFETY OR TRANSPORTATION-RELATED PROJECTS.".".
24
25 Amendment No. 3, moved by Representative(s) Wilson.
26
27 Amend printed bill, page 2, line 23, after the period add ""AUTOMATED
28 VEHICLE IDENTIFICATION SYSTEM" DOES NOT INCLUDE A SYSTEM TO
29 DETECT A SCHOOL BUS STOP ARM VIOLATION AS DEFINED IN SECTION
30 42-4-1903, C.R.S.".
31
32 As amended, ordered engrossed and placed on the Calendar for Third
33 Reading and Final Passage.
34

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB15-1098 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 2, line 21, after "AUTOMATED" insert
"SURVEILLANCE CAMERA".

Page, 2, line 23, strike "RED LIGHT CAMERAS," and substitute
"AUTOMATED SURVEILLANCE CAMERA VEHICLE IDENTIFICATION
SYSTEMS,".

Page 3, line 2, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 3, line 6, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 3, line 8, strike "RED LIGHT CAMERAS" and substitute "THE
AUTOMATED SURVEILLANCE CAMERA VEHICLE IDENTIFICATION SYSTEM".

Page 3, line 9, strike "2017" and substitute "2016".

Page 3, line 11, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 3, line 13, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 3, line 16, after "AUTOMATED" insert "SURVEILLANCE CAMERA".
Page 3, line 19, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 3, line 20, strike "7, 2017." and substitute "8, 2016.".

Page 3, line 23, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 4, line 4, strike "7, 2017," and substitute "8, 2016,".

Page 4, line 6, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 4, line 8, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Page 4, strike lines 13 through 15.

Page 1, line 101, after "AUTOMATED" insert "SURVEILLANCE CAMERA".

Senate Journal, May 5
HB15-1098 by Representative(s) Humphrey and Van Winkle, Saine, Lebsock, Salazar, Williams,
Pettersen, Kraft-Tharp, Neville P., Klingenschmitt, Joshi, Nordberg, Conti, Everett,
Landgraf, Tate, Thurlow; also Senator(s) Neville T., Jahn, Carroll, Marble, Scheffel,
Holbert, Woods, Cadman, Baumgardner, Guzman, Lundberg, Sonnenberg--Concerning the
elimination of the use of automated vehicle identification systems for traffic law
enforcement.

Senator Kerr moved to amend the Report of the Committee of the Whole to show that the
following Kerr floor amendment, (L.042) to HB 15-1098, did pass, and that HB 15-1098, as
amended, did pass.


Amend reengrossed bill, page 3, strike lines 21 through 27.

Page 4, strike lines 1 through 3.


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole lost on the following roll call
vote:





BILL HB15-1110


The bill requires the office of policy and research in the department of regulatory agencies (office) to conduct an analysis and evaluation of the performance of each principal department of the executive branch of state government (principal department), including the Colorado commission on higher education and the department of regulatory agencies, and to recommend the termination, continuation, or reestablishment of each principal department. The bill directs the office to consider specified criteria in the review process. The office is required to conduct an analysis of 2 principal departments in the 2015-16 state fiscal year and 2 additional principal departments in each fiscal year thereafter until the office has reviewed each principal department. After the office has completed the analysis and evaluation of each principal department, the office will determine the schedule for subsequent reviews of each principal department. The office is required to promulgate rules to determine the schedule of the initial and subsequent reviews of each principal department. The office is required to submit a report that includes specific recommendations for draft legislation to the office of legislative legal services (OLLS) for the first 2 principal departments on or before October 15, 2016. The office is required to submit a report for 2 additional principal departments each October 15 thereafter. Upon receipt of the report from the office, OLLS will prepare draft legislation based on the specific recommendations for legislation contained in the report and submit the legislation to an appropriate legislative committee for review. Prior to the termination, continuation, or reestablishment of a principal department, a legislative committee of reference is required to hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the principal department involved. In such hearing, each principal department assumes the burden of demonstrating a public need for continued existence of the principal department and its functions and that its functions are the least restrictive functions consistent with the public interest. The legislative committee is required to consider certain criteria during the hearing and to determine whether each principal department and the function of the department should be terminated, continued, or reestablished. The life of each principal department scheduled for review may be continued or reestablished by the general assembly for periods not to exceed 15 years. The life of any newly created principal department also must not exceed 15 years.

Status
1/15/2015 01/15/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs + Appropriations
3/23/2015 03/23/2015 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL HB15-1223


Current law regulates the sale of home service contracts for preowned homes. The bill extends this regulation to home service contracts for new homes. The bill excludes a builder's warranty against defects in construction provided in connection with the sale of a new home from the definition of "home warranty service contract" and from the standards related to consumer goods service contracts. The bill extends the automatic repeal of the home service contract standards from July 1, 2017, to July 1, 2020.

Status
2/17/2015 02/17/2015 Introduced In House - Assigned to Business Affairs and Labor
3/5/2015 03/05/2015 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
3/9/2015 03/09/2015 House Second Reading Passed with Amendments - Committee
3/10/2015 03/10/2015 House Third Reading Passed - No Amendments
3/12/2015 03/12/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
3/17/2015 03/17/2015 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/20/2015 03/20/2015 Senate Second Reading Passed - No Amendments
3/23/2015 03/23/2015 Senate Third Reading Passed - No Amendments
3/27/2015 03/27/2015 Signed by the Speaker of the House
3/30/2015 03/30/2015 Signed by the President of the Senate
3/30/2015 03/30/2015 Sent to the Governor
4/8/2015 04/08/2015 Governor Signed

Amendment

House Journal, March 6
24 HB15-1223 be amended as follows, and as so amended, be referred to
25 the Committee of the Whole with favorable
26 recommendation:
27
28 Amend printed bill, page 3, line 1, strike "(6);" and substitute "(2.5);".
29
30 Page 3, line 2, strike "AGAINST DEFECTS IN CONSTRUCTION".
31
32 Page 5, line 17, strike "AGAINST DEFECTS IN CONSTRUCTION".
33
34




BILL SB15-015


The bill includes autism spectrum disorders in the state's mental health parity law and repeals a provision that specifies that autism is not to be treated as a mental illness for purposes of health care coverage, thereby clarifying that health benefit plans issued in this state must include health care benefits for autism spectrum disorders that are no less restrictive than benefits available for a physical illness. Additionally, the bill removes reference to any caps on the number of services or visits covered under a health benefit plan for the assessment, diagnosis, and treatment of autism spectrum disorders and specifies that a nationally registered behavior technician may provide direct services to a person with an autism spectrum disorder under the supervision of another autism services provider. The bill takes effect on and applies to health benefit plans issued, delivered, or renewed on or after January 1, 2016.

Status
1/7/2015 01/07/2015 Introduced In Senate - Assigned to Health & Human Services + Business, Labor, & Technology
1/22/2015 01/22/2015 Senate Committee on Health & Human Services Refer Amended to Business, Labor, & Technology
2/11/2015 02/11/2015 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
2/17/2015 02/17/2015 Senate Second Reading Passed with Amendments - Committee
2/18/2015 02/18/2015 Senate Third Reading Passed - No Amendments
2/24/2015 02/24/2015 Introduced In House - Assigned to Health, Insurance, & Environment
3/19/2015 03/19/2015 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
3/23/2015 03/23/2015 House Second Reading Passed - No Amendments
3/24/2015 03/24/2015 House Third Reading Passed - No Amendments
4/6/2015 04/06/2015 Signed by the President of the Senate
4/9/2015 04/09/2015 Signed by the Speaker of the House
4/9/2015 04/09/2015 Sent to the Governor
4/16/2015 04/16/2015 Governor Signed

Amendment

Senate Journal, February 12
After consideration on the merits, the Committee recommends that SB15-015 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 4, line 8, after "(E)," insert "(1.4) (a) (III), (1.4)
(a) (XII) introductory portion,".

Page 4, after line 27 insert:
"(III) "Autism spectrum disorders" or "ASD":
(a) HAS THE SAME MEANING AS SET FORTH IN THE MOST RECENT
EDITION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL
DISORDERS IN EFFECT AT THE TIME OF THE DIAGNOSIS; AND
(b) Includes the following neurobiological disorders, AS DEFINED
IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND STATISTICAL
MANUAL OF MENTAL DISORDERS IN EFFECT AT THE TIME OF THE
DIAGNOSIS: Autistic disorder, Asperger's disorder, and atypical autism as
a diagnosis within pervasive developmental disorder not otherwise
specified. as defined in the most recent edition of the diagnostic and
statistical manual of mental disorders, at the time of the diagnosis.
(XII) "Treatment for autism spectrum disorders" shall be for
treatments that are medically necessary. appropriate, effective, or
efficient. The treatments listed in this subparagraph (XII) are not
considered experimental or investigational and are considered
appropriate, effective, or efficient for the treatment of autism. "Treatment
for autism spectrum disorders" shall include the following, AS
MEDICALLY NECESSARY:".




BILL SB15-019


Legislative Audit Committee. The bill allows the state auditor to conduct a performance audit of the Colorado health benefit exchange and submit a written report to the legislative audit committee with any findings and recommendations. The authority to conduct performance audits continues as long as the state auditor or the legislative audit committee deems it appropriate.

Status
1/7/2015 01/07/2015 Introduced In Senate - Assigned to Health & Human Services
1/21/2015 01/21/2015 Senate Committee on Health & Human Services Refer Amended to Senate Committee of the Whole
1/26/2015 01/26/2015 Senate Second Reading Passed with Amendments - Committee
1/27/2015 01/27/2015 Senate Third Reading Passed - No Amendments
1/27/2015 01/27/2015 Introduced In House - Assigned to Public Health Care & Human Services
3/10/2015 03/10/2015 House Committee on Public Health Care & Human Services Refer Unamended to House Committee of the Whole
3/13/2015 03/13/2015 House Second Reading Passed - No Amendments
3/16/2015 03/16/2015 House Third Reading Passed - No Amendments
3/23/2015 03/23/2015 Signed by the President of the Senate
3/25/2015 03/25/2015 Sent to the Governor
4/3/2015 04/03/2015 Governor Signed


BILL SB15-022


Wildfire Matters Review Committee. In 2013, the general assembly created the wildfire risk reduction grant program, funded through the wildfire risk reduction fund. An initial transfer of $9,800,000 was made from the general fund to the wildfire risk reduction fund as a result of that legislation. Section 4 of the bill directs the state treasurer to make a similar transfer, effective July 1, 2015. Sections 1 and 3 change terminology to broaden references to hazardous fuels from "forest" to "wild land vegetation" and specify methods of manipulation or removal of fuel. Section 2:
* Encourages grant applicants to utilize the labor of veterans participating in a unit or program recognized by the Colorado state forest service that employs veterans in wildfire mitigation activities; and
* Removes the requirement for grant applicants to specify the location of projects in relation to United States forest service (USFS) projects using USFS maps.

Status
1/7/2015 01/07/2015 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
1/7/2015 01/07/2015 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
1/15/2015 01/15/2015 Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Appropriations
1/15/2015 01/15/2015 Senate Committee on Agriculture, Natural Resources, & Energy Refer Amended to Appropriations
4/17/2015 04/17/2015 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
4/21/2015 04/21/2015 Senate Second Reading Laid Over Daily - No Amendments
4/22/2015 04/22/2015 Senate Second Reading Passed with Amendments - Committee
4/23/2015 04/23/2015 Senate Third Reading Passed - No Amendments
4/24/2015 04/24/2015 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
4/24/2015 04/24/2015 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
4/29/2015 04/29/2015 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
4/29/2015 04/29/2015 House Committee on Agriculture, Livestock, & Natural Resources Refer Unamended to Appropriations
5/1/2015 05/01/2015 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/1/2015 05/01/2015 House Second Reading Special Order - Passed - No Amendments
5/4/2015 05/04/2015 House Third Reading Passed - No Amendments
5/8/2015 05/08/2015 Signed by the President of the Senate
5/8/2015 05/08/2015 Signed by the Speaker of the House
5/8/2015 05/08/2015 Sent to the Governor
5/12/2015 05/12/2015 Signed into law by the Governor
5/12/2015 05/12/2015 Governor Signed

Amendment

Senate Journal, April 17
After consideration on the merits, the Committee recommends that SB15-022 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 4, strike lines 22 through 27.

Page 5, strike lines 1 through 5 and substitute:

"SECTION 4. In Colorado Revised Statutes, 39-29-109.3, add
(2) (o) as follows:
39-29-109.3. Severance tax operational fund - repeal.
(2) Subject to the requirements of subsections (3) and (4) of this section,
if the general assembly chooses not to spend up to one hundred percent
of the moneys in the operational fund as specified in subsection (1) of
this section, the state treasurer shall transfer the following:
(o) (I) TO THE WILDFIRE RISK REDUCTION FUND CREATED IN
SECTION 36-7-405, C.R.S., FOR THE FISCAL YEAR COMMENCING ON JULY
1, 2015, ONE MILLION DOLLARS.
(II) THIS PARAGRAPH (o) IS REPEALED, EFFECTIVE JULY 1, 2017.".




BILL SB15-023


Currently, off-highway vehicles may cross streets, roads, or highways if the driver complies with certain snowmobile statutory standards. The bill imports the snowmobile standards into the off-highway vehicle statutes. The bill also clarifies that a driver may cross a state highway if the driver complies with these standards.

Status
1/7/2015 01/07/2015 Introduced In Senate - Assigned to Transportation
2/3/2015 02/03/2015 Senate Committee on Transportation Refer Amended - Consent Calendar to Senate Committee of the Whole
2/6/2015 02/06/2015 Senate Second Reading Passed with Amendments - Committee
2/9/2015 02/09/2015 Senate Third Reading Passed - No Amendments
2/10/2015 02/10/2015 Introduced In House - Assigned to Transportation & Energy
2/19/2015 02/19/2015 House Committee on Transportation & Energy Refer Unamended to House Committee of the Whole
2/24/2015 02/24/2015 House Second Reading Passed - No Amendments
2/25/2015 02/25/2015 House Third Reading Passed - No Amendments
3/3/2015 03/03/2015 Signed by the President of the Senate
3/4/2015 03/04/2015 Sent to the Governor
3/13/2015 03/13/2015 Governor Signed

Amendment

Senate Journal, February 4
After consideration on the merits, the Committee recommends that SB15-023 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 2, line 16, strike "SIDE." and substitute "SIDE;
EXCEPT THAT A PERSON SHALL NOT CROSS A STATE HIGHWAY WITHIN THE
JURISDICTION OF A MUNICIPALITY.".




BILL SB15-057


Current law requires the Colorado medical clean claims task force to report to the executive director of the department of health care policy and financing, the health and human services committee of the senate, and the health, insurance, and environment and public health care and human services committees of the house of representatives. The bill directs that the reports instead be submitted to the commissioner of insurance and to the business, labor, and technology committee of the senate and the business, labor, economic, and workforce development committee of the house of representatives.

Status
1/12/2015 01/12/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
1/26/2015 01/26/2015 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
1/29/2015 01/29/2015 Senate Second Reading Passed with Amendments - Committee
1/30/2015 01/30/2015 Senate Third Reading Laid Over Daily - No Amendments
2/2/2015 02/02/2015 Senate Third Reading Passed - No Amendments
2/4/2015 02/04/2015 Introduced In House - Assigned to Business Affairs and Labor
2/24/2015 02/24/2015 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
2/27/2015 02/27/2015 House Second Reading Passed - No Amendments
3/2/2015 03/02/2015 House Third Reading Passed - No Amendments
3/10/2015 03/10/2015 Signed by the President of the Senate
3/12/2015 03/12/2015 Sent to the Governor
3/18/2015 03/18/2015 Governor Signed

Amendment

Senate Journal, January 27
After consideration on the merits, the Committee recommends that SB15-057 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, page 2, strike line 15 and substitute "BUSINESS
AFFAIRS AND LABOR".




BILL SB15-177
EDCC Supports


The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 2 of the bill. Section 2 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:
* Be a neutral third party;
* Make certain disclosures before being selected; and
* Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with the uniform arbitration act. Section 1 adds definitions of key terms. Section 3 requires that before a construction defect claim is filed on behalf of the association:
* The parties must submit the matter to mediation before a neutral third party; and
* The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated. Section 4 adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes.

Status
2/10/2015 02/10/2015 Introduced In Senate - Assigned to Business, Labor, & Technology
3/18/2015 03/18/2015 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
3/23/2015 03/23/2015 Senate Second Reading Laid Over Daily - No Amendments
3/24/2015 03/24/2015 Senate Second Reading Laid Over Daily - No Amendments
3/25/2015 03/25/2015 Senate Second Reading Laid Over to 03/30/2015 - No Amendments
3/30/2015 03/30/2015 Senate Second Reading Laid Over to 4/6/15 - No Amendments
4/6/2015 04/06/2015 Senate Second Reading Laid Over to 04/10/2015 - No Amendments
4/10/2015 04/10/2015 Senate Second Reading Passed with Amendments - Committee, Floor
4/13/2015 04/13/2015 Senate Third Reading Laid Over Daily - No Amendments
4/14/2015 04/14/2015 Senate Third Reading Passed - No Amendments
4/22/2015 04/22/2015 Introduced In House - Assigned to State, Veterans, & Military Affairs
4/27/2015 04/27/2015 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

Amendment

Senate Journal, March 19
After consideration on the merits, the Committee recommends that SB15-177 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 4, line 5, strike "MEDIATION OR" and substitute
"MEDIATION, BY".

Page 4, strike lines 14 through 23 and substitute:

"(b) (I) A CONSTRUCTION DEFECT CLAIM AGAINST A
DEVELOPMENT PARTY MUST BE SUBMITTED TO A MEDIATION OR
ARBITRATION SERVICE PROVIDER THAT IS QUALIFIED PURSUANT TO THE
UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S.
THE PARTIES SHALL COOPERATE TO SELECT A MEDIATION OR
ARBITRATION SERVICE PROVIDER REASONABLY ACCEPTABLE TO ALL
PARTIES TO THE CONSTRUCTION DEFECT CLAIM, WITH A PREFERENCE
GIVEN TO THE MEDIATION OR ARBITRATION SERVICE PROVIDER SPECIFIED
IN THE DECLARATION IF THAT PROVIDER IS QUALIFIED PURSUANT TO THE
UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S. IF
NO ARBITRATION SERVICE PROVIDER IS SPECIFIED IN THE GOVERNING
DOCUMENTS OR IF THE".

Page 6, line 19, strike "MUST BE".

Page 6, strike lines 20 through 22.

Page 6, strike line 23 and substitute "a general description of the
following MUST CONTAIN:".

Page 6, strike lines 24 through 27.

Strike page 7.

Page 8, strike lines 1 through 3 and substitute:

"(I) A GENERAL DESCRIPTION OF the nature of the action
CONSTRUCTION DEFECT CLAIM and the relief sought; and
(II) A GOOD-FAITH ESTIMATE OF THE BENEFITS AND RISKS
INVOLVED, INCLUDING the expenses and fees that the executive board
anticipates will be incurred BY THE ASSOCIATION in prosecuting the
action CONSTRUCTION DEFECT CLAIM, IN SUBSTANTIALLY THE FOLLOWING
FORM:
1. IF THE ASSOCIATION DOES NOT FILE A CLAIM BY

Senate Journal, April 10
SB15-177 by Senator(s) Scheffel and Ulibarri; also Representative(s) DelGrosso and Singer--
Concerning prerequisites to the authority of a unit owners' association to pursue resolution
of disputes involving construction defects.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, March 19, page(s) 509-511 and placed in members' bill files.)

Amendment No. 2(L.023), by Senators Scheffel and Ulibarri.

Amend the Business, Labor, and Technology Committee Report, dated
March 18, 2015, page 1, strike lines 1 through 14 and substitute:

"Amend printed bill, page 4, strike lines 3 through 23 and substitute:

"(3) (a) The declaration, bylaws, or rules GOVERNING DOCUMENTS
of the association COMMON INTEREST COMMUNITY may specify situations
in which disputes shall be resolved by binding arbitration under MUST BE
SUBMITTED TO A MUTUALLY AGREED-UPON MEDIATOR OR, IN THE CASE
OF AN ARBITRATION SERVICE PROVIDER, AN ARBITRATION SERVICE
PROVIDER QUALIFIED PURSUANT TO the uniform arbitration act, part 2 of
article 22 of title 13, C.R.S., OR BY ANOTHER MEANS OF ALTERNATIVE
DISPUTE RESOLUTION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C.
SECS. 1 TO 307, or by another means of alternative dispute resolution
under the "Dispute Resolution Act", part 3 of article 22 of title 13, C.R.S.
IF THOSE SITUATIONS INCLUDE A CONSTRUCTION DEFECT CLAIM AGAINST
A DEVELOPMENT PARTY, A SUBSEQUENT AMENDMENT TO THE GOVERNING
DOCUMENTS THAT REMOVES OR AMENDS THE MEDIATION REQUIREMENT
IS NOT EFFECTIVE WITH REGARD TO A CONSTRUCTION DEFECT CLAIM.
(b) (I) A CONSTRUCTION DEFECT CLAIM AGAINST A DEVELOPMENT
PARTY MUST BE RESOLVED BY A QUALIFIED MEDIATOR OR, IN THE CASE OF
AN ARBITRATION SERVICE PROVIDER, AN ARBITRATION SERVICE PROVIDER
QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF
ARTICLE 22 OF TITLE 13, C.R.S. THE PARTIES SHALL COOPERATE TO
SELECT A MUTUALLY AGREED-UPON MEDIATOR OR, IN THE CASE OF AN
ARBITRATION SERVICE PROVIDER, AN ARBITRATION SERVICE PROVIDER
QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF
ARTICLE 22 OF TITLE 13, C.R.S., WITH A PREFERENCE GIVEN TO THE
MEDIATOR OR ARBITRATION SERVICE PROVIDER SPECIFIED IN THE
DECLARATION IF THAT PROVIDER IS QUALIFIED PURSUANT TO THE
UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S. IF
NO ARBITRATION SERVICE PROVIDER IS SPECIFIED IN THE GOVERNING
DOCUMENTS OR IF THE".".


Amendment No. 3(L.024), by Senators Scheffel and Ulibarri.

Amend the Business, Labor, and Technology Committee Report, dated
March 18, 2015, page 3, line 3, after "THE" insert "CLAIMED".

Page 3, line 7, after "THE" insert "CLAIMED".

Page 3, after line 18 insert:

"Page 8, line 7, strike "C.R.S., AND BEFORE".

Page 8, strike lines 8 through 10 and substitute "C.R.S.; AND".".


Amendment No. 4(L.027), by Senators Scheffel and Ulibarri.

Amend printed bill, page 2, after line 1 insert:

"SECTION 1. In Colorado Revised Statutes, 13-22-223, amend
(1.5) as follows:
13-22-223. Vacating award. (1.5) Notwithstanding the
provisions of subsection (1) of this section, the fact that the relief was
such that it could not or would not be granted by a court of law or equity
is not grounds for vacating or refusing to confirm the award; EXCEPT
THAT, IN THE ARBITRATION OF AN ACTION AS DEFINED IN SECTION
13-20-802.5 (9.5), C.R.S., THE ARBITRATOR SHALL FOLLOW THE
SUBSTANTIVE LAW OF COLORADO WITH REGARD TO ANY REMEDY
GRANTED, AND IF THE REMEDY IS SUBSTANTIALLY AFFECTED BY THE
ARBITRATOR'S FAILURE TO FOLLOW THE SUBSTANTIVE LAW OF
COLORADO, THE COURT MAY VACATE OR REFUSE TO CONFIRM THE
AWARD ON THAT BASIS.".

Renumber succeeding sections accordingly.


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.





BILL SB15-213


The bill amends the "Colorado Governmental Immunity Act" (CGIA) to recognize that a duty of reasonable care exists with respect to public school districts, charter schools, and their employees to exercise reasonable care to protect students, faculty, staff, and others from harm that is reasonably foreseeable while such students, faculty, staff, and others are within the school facilities or are participating in school-sponsored activities. The bill also amends the CGIA to waive sovereign immunity in connection with claims against public school districts and charter schools in an action for serious bodily injury or death resulting from an incident of school violence that occurs on property of a school or during school-sponsored activities on or after January 1, 2013. For purposes of the bill, "serious bodily injury" means a bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body. The maximum amount of damages that may be recovered from a school district or charter school in an action brought under the CGIA in a single occurrence is subject to the limits on damages under the CGIA ($350,000 to one person in any single occurrence and $900,000 for injuries to multiple persons in any single occurrence; except that no person may recover more than $350,000). In addition, if there is an award of damages on behalf of plaintiffs, the court may also award to the plaintiff attorney fees and costs in an amount not to exceed $350,000. The bill specifies that it shall not be construed to constitute a waiver of sovereign immunity if the injury arises from any act, or failure to act, of an employee of a school district or a charter school if the act is the type of act for which the public employee would be or heretofore has been personally immune from liability. The bill specifies that a public school district or charter school shall also have the same immunity as a public employee for any act or failure to act for which a public employee would be or heretofore has been personally immune from liability. In order to promote vigorous discovery of events leading to an incident of violence in schools, the bill states that a defendant may not make an offer of judgment until discovery has been completed. The bill further states that if any defendant refuses to answer any complaint, if a default judgment is entered for failure to answer a complaint, or if a defendant confesses liability in an action brought against a public school district, the court shall allow full discovery upon request of the plaintiff. The bill also precludes any rule of law imposing absolute or strict liability from being applied in any action against a public school employee for serious bodily injury or death suffered as a result of the breach of the duty of care established by the bill. No liability is to be imposed in any such action unless negligence is proven. The bill makes conforming amendments. The bill applies to claims asserted against a school district or charter school resulting from an incident of school violence occurring on or after January 1, 2013.

Status
3/13/2015 03/13/2015 Introduced In Senate - Assigned to Judiciary
4/13/2015 04/13/2015 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
4/16/2015 04/16/2015 Senate Second Reading Laid Over Daily - No Amendments
4/17/2015 04/17/2015 Senate Second Reading Laid Over Daily - No Amendments
4/20/2015 04/20/2015 Senate Second Reading Laid Over Daily - No Amendments
4/21/2015 04/21/2015 Senate Second Reading Passed with Amendments - Committee, Floor
4/22/2015 04/22/2015 Senate Third Reading Passed with Amendments - Floor
4/27/2015 04/27/2015 Introduced In House - Assigned to Judiciary
4/30/2015 04/30/2015 House Committee on Judiciary Refer Amended to House Committee of the Whole
4/30/2015 04/30/2015 House Second Reading Special Order - Passed with Amendments - Committee
5/1/2015 05/01/2015 House Third Reading Passed - No Amendments
5/4/2015 05/04/2015 Senate Considered House Amendments - Result was to Concur - Repass
5/18/2015 05/18/2015 Signed by the President of the Senate
5/18/2015 05/18/2015 Signed by the Speaker of the House
5/18/2015 05/18/2015 Sent to the Governor
6/3/2015 06/03/2015 Signed by Governor
6/3/2015 06/03/2015 Governor Signed

Amendment

Senate Journal, April 14
After consideration on the merits, the Committee recommends that SB15-213 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 3, strike lines 2 through 26 and substitute the
following:

"SECTION 1. Legislative declaration. (1) The general
assembly recognizes that:
(a) Colorado benefits from having an educated citizenry;
(b) Primary and secondary school students have limited autonomy
during school hours and little say in the security provided during the
school day; and
(c) Public school districts provide essential public services
through primary and secondary schools and charter schools and unlimited
liability against school districts could disrupt the provision of educational
services.
(2) Therefore, the general assembly finds that public school
districts and charter schools should be provided with protection from
unlimited liability. However, the general assembly also finds and
acknowledges that the sovereign immunity that has been extended to
public school districts and to charter schools prior to the passage of this
act can lead to inequitable results for students who are otherwise unable
to protect themselves from serious bodily injury or death in the school
environment. Moreover, the general assembly acknowledges that times
have changed in this country and in this state because there have been so
many acts of school violence in which students and teachers have been
killed and injured by persons. In this state since April 20, 1999, there
have been three separate incidents of school violence in which students
have been killed at their schools. In response to school violence, schools
have begun to undertake actions to address security issues, undertake
safety drills, train staff, and assess the risks to students from acts of
school violence. Parents have a reasonable expectation that when they
send their children to a public school that the school and its employees
will have taken steps to keep the children safe. The general assembly
finds that it is now foreseeable that violence in schools could occur.
(3) For the reasons stated in paragraphs (1) and (2) of this section,
the general assembly therefore declares the purposes of this act are:
(a) To recognize and state that there is a limited duty of
reasonable care upon public schools, charter schools, and their employees
to provide for student safety and to protect students and employees in
their schools;
(b) To waive on a limited basis governmental immunity, thereby
allowing for recovery of capped damages where that duty of reasonable
care has been breached by a school district, charter school, or their
employees; and
(c) To waive on a limited basis governmental immunity to ensure
that there is a robust and effective discovery through the legal system of
the causes of acts of school violence.
(4) It is the intent of the general assembly in enacting this act to
affirmatively recognize a statutory duty upon school districts, charter
schools, and their employees to protect students, faculty, and staff from
foreseeable harm caused by other persons. The general assembly hereby
declares that the purpose of recognizing that this duty exists under this
act is to create a tort remedy against school districts and charter schools
in cases where a school district, charter school, or its employees knew or
should have known of the danger that was presented and breached that
duty of care.
(5) The general assembly also further states that its intent in
enacting the provisions in this act regarding discovery and settlement is
to provide a remedy for plaintiffs affected by acts of school violence and
to achieve robust and vigorous discovery of events leading to those
incidents of school violence.
SECTION 2. In Colorado Revised Statutes, add 24-10-106.3 as
follows:
24-10-106.3. Immunity and partial waiver - claims for serious
bodily injury or death on public school property or at
school-sponsored events - definitions. (1) Definitions. FOR PURPOSES
OF THIS SECTION, UNLESS THE".

Renumber succeeding sections accordingly.

Strike page 4.

Page 5, strike lines 1 through 17.

Renumber succeeding subsections accordingly.

Page 5, after line 21 insert:

"(b) "CRIME OF VIOLENCE" MEANS THAT THE PERSON COMMITTED,
CONSPIRED TO COMMIT, OR ATTEMPTED TO COMMIT ONE OF THE
FOLLOWING CRIMES:
(I) MURDER;
(II) FIRST DEGREE ASSAULT;
(III) SECOND DEGREE ASSAULT; OR
(IV) SEXUAL ASSAULT, AS DEFINED IN SECTION 18-3-402, C.R.S.".

Reletter succeeding paragraphs accordingly.

Page 5, strike lines 25 through 27 and substitute:

"(I) ENGAGED IN A CRIME OF VIOLENCE; AND".

Page 6, line 2, strike "(b)" and substitute "(c)".

Page 6, line 17, strike "AND, SINCE".

Page 6, line 18, strike "JANUARY 1, 2013, HAVE HAD".

Page 7, line 8, strike "(3)" and substitute "(2)".

Page 7, strike line 11 and substitute "OR AFTER THE EFFECTIVE DATE OF
THIS ACT.".

Page 8, line 2, strike "(3)" and substitute "(2)".

Page 8, strike lines 9 through 12 and substitute:
"24-10-114 (1).".

Page 8, strike lines 15 through 17 and substitute "UNDER THIS SECTION,
AN OFFER OF JUDGMENT BY A DEFENDANT UNDER SECTION 13-17-202,
C.R.S., PRIOR TO THE COMPLETION OF DISCOVERY, IS NOT DEEMED
REJECTED IF NOT ACCEPTED UNTIL FOURTEEN DAYS AFTER THE
COMPLETION OF DISCOVERY AND THE PLAINTIFF IS NOT LIABLE FOR COSTS
DUE TO NOT ACCEPTING SUCH AN OFFER OF JUDGMENT UNTIL FOURTEEN
DAYS AFTER THE COMPLETION OF DISCOVERY. IF A DEFENDANT REFUSES
TO ANSWER A COMPLAINT, OR A".

Page 9, strike lines 21 through 23 and substitute:

"SECTION 6. Effective date - applicability. This act takes effect
upon passage and applies to claims asserted against a school district or
charter school resulting from an incident of school violence that occurred
on or after the effective date of this act.".

Senate Journal, April 21
SB15-213 by Senator(s) Cadman and Scheffel, Hill; also Representative(s) Hullinghorst and Duran--
Concerning the limited waiver of governmental immunity for claims involving public
schools for injuries resulting from incidents of school violence.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, April 14, page(s) 738-740 and placed in members' bill files.)

Amendment No. 2(L.017), by Senator Scheffel.

Amend the Judiciary Committee Report, dated April 13, 2015, page 2,
strike line 39 and substitute:

"school-sponsored events - short title - definitions. (1) THIS ACT
SHALL BE KNOWN AND MAY BE CITED AS THE "CLAIRE DAVIS SCHOOL
SAFETY ACT".
(2) Definitions. FOR PURPOSES".

Renumber succeeding subsections accordingly.

Page 3 of the committee report, strike line 19.

Page 3 of the committee report, strike line 22.


Amendment No. 3(L.023), by Senator Scheffel.

Amend the Judiciary Committee Report, dated April 13, 2015, page 4,
line 5, strike "DISCOVERY" and substitute "DISCOVERY,".


Amendment No. 4(L.018), by Senator Scheffel.

Amend the Judiciary Committee Report, dated April 13, 2015, page 3,
line 10, after "ASSAULT;" insert "OR".

Page 3, strike line 11.

Renumber succeeding subparagraph accordingly.

Amendment No. 5(L.020), by Senator Scheffel.

Amend the Judiciary Committee Report, dated April 13, 2015, page 3 of
the committee report, before line 22 insert:

"Page 7 of the bill, before line 12 insert:

"(4) A PUBLIC SCHOOL, SCHOOL DISTRICT, OR CHARTER SCHOOL
SHALL NOT BE FOUND NEGLIGENT UNDER THIS SECTION SOLELY AS A
RESULT OF NOT EXPELLING OR SUSPENDING ANY STUDENT.".

Renumber succeeding subsections accordingly.".


Amendment No. 6(L.019), by Senator Scheffel.

Amend the Judiciary Committee Report, dated April 13, 2015, page 3,
strike line 21 and substitute "THIS SECTION, AND, WITH RESPECT TO SUCH
CLAIMS, THE PROVISIONS OF ARTICLE 12 OF TITLE 22, C.R.S., DO NOT
APPLY TO SCHOOL DISTRICTS AND CHARTER SCHOOLS. AN EMPLOYEE OF
A PUBLIC SCHOOL, SCHOOL DISTRICT, OR A CHARTER SCHOOL IS NOT
SUBJECT TO SUIT UNDER THIS SECTION IN HIS OR HER INDIVIDUAL
CAPACITY UNLESS THE EMPLOYEE'S ACTIONS OR OMISSIONS ARE WILLFUL
AND WANTON.".


Amendment No. 7(L.021), by Senator Scheffel.

Amend the Judiciary Committee Report, dated April 13, 2015, page 2,
line 39, strike "definitions." and substitute "definitions - repeal.".

Page 3 of the committee report, after line 22 insert:

"Page 8 of the bill, line 5, strike "THE" and substitute "(a) EXCEPT AS
PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (8), THE".".

Page 3 of the committee report, strike line 24 and substitute:

""24-10-114 (1).
(b) (I) A PLAINTIFF WHO FILES AN ACTION UNDER THIS SECTION
FOR AN INCIDENT OF SCHOOL VIOLENCE THAT OCCURS ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION AND ON OR BEFORE JULY 1, 2017,
SHALL FILE THE ACTION IN THE DISTRICT COURT, AND NO COMPENSATORY
DAMAGES SHALL BE AWARDED. NO DAMAGES ARE NEEDED FOR THE
COURT TO ISSUE A DECLARATORY JUDGEMENT REGARDING THE
NEGLIGENCE OF THE PUBLIC SCHOOL, SCHOOL DISTRICT, OR CHARTER
SCHOOL. IN SUCH ACTION, THE PLAINTIFF IS ENTITLED TO FULL
DISCOVERY REGARDING THE INCIDENT OF SCHOOL VIOLENCE.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE JULY 1,
2018.".".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


Senate Journal, April 22
SB15-213 by Senator(s) Cadman and Scheffel, Hill; also Representative(s) Hullinghorst and Duran--
Concerning the limited waiver of governmental immunity for claims involving public
schools for injuries resulting from incidents of school violence.

A majority of those elected to the Senate having voted in the affirmative, Majority Leader
Scheffel was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.026), by Majority Leader Scheffel.

Amend engrossed bill, page 5, line 9, strike "ACT" and substitute
"SECTION".

Page 8, line 13, strike "(8)," and substitute "(9),".


The amendment was passed on the following roll call vote:


House Journal, April 30
42 SB15-213 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45
46 Amend reengrossed bill, page 5, line 22, strike "SEXUAL" and substitute
47 "A FELONY SEXUAL".
48
49 Page 6, line 18, strike "FOR" and substitute "FROM".
50
51 Page 8, strike lines 22 through 24 and substitute: "DAMAGES SHALL BE
52 AWARDED. THE COURT SHALL NOT ISSUE A DECLARATORY JUDGEMENT
53 REGARDING THE NEGLIGENCE OF THE PUBLIC SCHOOL, SCHOOL DISTRICT,
54 OR CHARTER SCHOOL; HOWEVER, IN SUCH".
55
56




BILL SB15-262


The bill updates the current Colorado law with respect to blanket sickness and accident insurance by expanding and clarifying the types of groups that can obtain blanket sickness and accident insurance. The bill also expands and clarifies the scope of the insurance commissioner's discretionary authority to approve different types of permitted coverage groups.

Status
4/2/2015 04/02/2015 Introduced In Senate - Assigned to Finance
4/14/2015 04/14/2015 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole
4/17/2015 04/17/2015 Senate Second Reading Passed with Amendments - Committee
4/20/2015 04/20/2015 Senate Third Reading Passed - No Amendments
4/20/2015 04/20/2015 Introduced In House - Assigned to Health, Insurance, & Environment
4/20/2015 04/20/2015 Introduced In House - Assigned to Health, Insurance, & Environment
4/28/2015 04/28/2015 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
4/28/2015 04/28/2015 House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the Whole
4/29/2015 04/29/2015 House Second Reading Passed - No Amendments
4/30/2015 04/30/2015 House Third Reading Passed - No Amendments
5/18/2015 05/18/2015 Signed by the President of the Senate
5/18/2015 05/18/2015 Signed by the Speaker of the House
5/18/2015 05/18/2015 Sent to the Governor
6/5/2015 06/05/2015 Signed by Governor
6/5/2015 06/05/2015 Governor Signed

Amendment

Senate Journal, April 15
After consideration on the merits, the Committee recommends that SB15-262 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, 10-16-215, amend
(1); and add (4) as follows:
10-16-215. Blanket sickness and accident insurance.
(1) Blanket sickness and accident insurance is declared to be that form
of sickness and accident insurance covering special groups of not less
than ten persons as enumerated in one of the following UNDER A POLICY
OR CONTRACT ISSUED:
(a) Under a policy or contract issued To any common carrier,
which shall be deemed the policyholder, covering a group defined as all
persons who may become ARE passengers on such THE common carrier;
(b) Under a policy or contract issued To an employer, who shall
be deemed the policyholder, covering ALL WORKERS OR any group of
employees WORKERS, DEPENDENTS, OR GUESTS defined by reference to
exceptional hazards incident to such employment ACTIVITIES OR
OPERATIONS OF THE POLICYHOLDER;
(c) Under a policy or contract issued To a college, school, or
other institution of learning or to the head or principal thereof OF THE
COLLEGE, SCHOOL, OR OTHER INSTITUTION OF LEARNING, who shall be
deemed the policyholder, covering students or teachers;
(d) Under a policy or contract issued In the name of any volunteer
fire department, first aid, CIVIL DEFENSE, or other such SIMILAR volunteer
group, which shall be deemed the policyholder, covering all of the
members of such department or group DEFINED BY REFERENCE TO
ACTIVITIES OR OPERATIONS OF THE POLICYHOLDER;
(e) TO A SPORTS TEAM OR CAMP OR TO A SPONSOR OF A SPORTS
TEAM OR CAMP, WHICH TEAM, CAMP, OR SPONSOR SHALL BE DEEMED THE
POLICYHOLDER, COVERING MEMBERS, CAMPERS, EMPLOYEES, OFFICIALS,
SUPERVISORS, OR VOLUNTEERS;
(f) TO ANY RELIGIOUS, CHARITABLE, RECREATIONAL,
EDUCATIONAL, OR CIVIC ORGANIZATION, OR BRANCH OF ANY RELIGIOUS,
CHARITABLE, RECREATIONAL, EDUCATIONAL, OR CIVIC ORGANIZATION,
WHICH ORGANIZATION SHALL BE DEEMED THE POLICYHOLDER, COVERING
ALL MEMBERS OR PARTICIPANTS DEFINED BY REFERENCE TO ACTIVITIES
OR OPERATIONS OF THE POLICYHOLDER;
(g) TO A RESTAURANT, HOTEL, MOTEL, RESORT, OR INNKEEPER,
WHICH SHALL BE DEEMED THE POLICYHOLDER, COVERING A GROUP
DEFINED AS ALL PERSONS WHO ARE PATRONS OR GUESTS OF THE
POLICYHOLDER;
(e) (h) Under a policy or contract issued To any other
substantially similar group which, in the discretion of the commissioner,
may be subject to the issuance of a blanket sickness and accident policy
or contract.
(4) NOTHING IN THIS SECTION RELIEVES AN EMPLOYER FROM ANY
REQUIREMENT TO OBTAIN COVERAGE UNDER THE "WORKERS'
COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF TITLE 8,
C.R.S. NO POLICY ISSUED UNDER THIS SECTION MAY QUALIFY AS OR
SUBSTITUTE FOR A HEALTH BENEFIT PLAN UNDER FEDERAL LAW. NOTHING
IN THIS SECTION AFFECTS THE LEGAL LIABILITY OF POLICYHOLDERS FOR
THE DEATH OF OR INJURY TO ANY MEMBER OF THE GROUP. NO POLICY
ISSUED UNDER THIS SECTION MAY QUALIFY AS OR SUBSTITUTE FOR
GENERAL LIABILITY INSURANCE.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 5, 2015, if adjournment sine die is on May 6, 2015); except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of
the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2016 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.".




BILL SB15-265


The bill requires a hospital to submit charges for hospital care and services to a patient's payer of benefits, as defined in the bill, before a lien for hospital care is created.

Status
4/9/2015 04/09/2015 Introduced In Senate - Assigned to Finance
4/16/2015 04/16/2015 Senate Committee on Finance Refer Amended to Senate Committee of the Whole
4/21/2015 04/21/2015 Senate Second Reading Passed with Amendments - Committee, Floor
4/22/2015 04/22/2015 Senate Third Reading Passed - No Amendments
4/22/2015 04/22/2015 Introduced In House - Assigned to Judiciary
4/28/2015 04/28/2015 House Committee on Judiciary Refer Amended to House Committee of the Whole
4/30/2015 04/30/2015 House Second Reading Laid Over Daily - No Amendments
5/1/2015 05/01/2015 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/4/2015 05/04/2015 House Third Reading Passed - No Amendments
5/4/2015 05/04/2015 Senate Considered House Amendments - Result was to Concur - Repass
5/13/2015 05/13/2015 Signed by the President of the Senate
5/14/2015 05/14/2015 Sent to the Governor
5/14/2015 05/14/2015 Signed by the Speaker of the House
5/29/2015 05/29/2015 Signed by Governor
5/29/2015 05/29/2015 Governor Signed

Amendment

Senate Journal, April 17
After consideration on the merits, the Committee recommends that SB15-265 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, strike lines 12 through 15 and substitute:

"(2) UPON THE IDENTIFICATION OF A PAYER OF BENEFITS
AVAILABLE TO THE INJURED PERSON, THE HOSPITAL SHALL SUBMIT ALL
REASONABLE AND NECESSARY CHARGES FOR HOSPITAL CARE OR OTHER
SERVICES FOR PAYMENT TO THE PAYER OF BENEFITS, REGARDLESS OF
WHETHER THE HOSPITAL ASSERTS A LIEN PURSUANT TO SUBSECTION (3)
OF THIS SECTION.".

Page 2, strike line 27 and substitute "BY SECTION 8-42-101 (4), 8-43-207
(1) (o), OR 10-16-705 (3), C.R.S.".

Senate Journal, April 21
SB15-265 by Senator(s) Cadman; also Representative(s) Hullinghorst--Concerning conditions that
must be met before a hospital care lien is created.

Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, April 17, page(s) 803 and placed in members' bill files.)

Amendment No. 2(L.005), by Senator Cadman.

Amend printed bill, page 2, strike lines 10 and 11 and substitute "FOR
HOSPITAL CARE OR OTHER SERVICES FOR PAYMENT TO THE PROPERTY AND
CASUALTY INSURER AND THE PRIMARY MEDICAL PAYER OF BENEFITS
AVAILABLE TO AND IDENTIFIED BY OR ON BEHALF OF THE INJURED
PERSON, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW.".

Amend the Finance Committee Report, dated April 16, 2015, page 1,
strike lines 2 through 7 and substitute:

"(2) IF A HOSPITAL IS NOTIFIED OF A PAYER OF BENEFITS AFTER IT
ASSERTS A LIEN PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE
HOSPITAL SHALL MAKE REASONABLE ATTEMPTS TO SUBMIT REASONABLE
AND NECESSARY CHARGES TO THE IDENTIFIED PAYER. IF NO PAYERS OF
BENEFITS ARE IDENTIFIED FOR THE INJURED PERSON DUE TO LACK OF
INSURANCE, A LIEN MAY BE CREATED.".

Page 2 of the bill, after line 27 insert:

"(5) NOTHING IN THIS SECTION CHANGES ANY OBLIGATION OF THE
HOSPITAL OR ITS AGENTS UNDER THE COLORADO MEDICAL ASSISTANCE
ACT, ARTICLES 4 TO 6 OF TITLE 25.5, C.R.S.".

Renumber succeeding subsections accordingly.

Page 3, line 3, strike "REASONABLE ATTORNEY FEES AND COURT COSTS
AND".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, April 29
37 SB15-265 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend reengrossed bill, page 2, line 17, strike "IF NO PAYERS OF" and
42 substitute:
43 "(3) IF NO PAYERS OF".
44
45 Renumber succeeding subsections accordingly.
46
47

House Journal, May 1
42 Amendment No. 1, Judiciary Report, dated April 28, 2015, and placed in
201543 member's bill file; Report also printed in House Journal, April 29,
44
45 Amendment No. 2, moved by Representative(s) Hullinghorst.
46
47 Amend the Judiciary Committee Report, dated April 28, 2015, page 1,
48 line 1, strike "line 17, strike "IF NO PAYERS OF" and" and substitute "strike
49 lines 13 through 19 and substitute "IN THE SAME MANNER AS USED BY THE
50 HOSPITAL FOR PATIENTS WHO ARE NOT INJURED AS THE RESULT OF THE
51 NEGLIGENCE OR WRONGFUL ACTS OF ANOTHER PERSON, TO THE EXTENT
52 PERMITTED BY STATE AND FEDERAL LAW.
53 (2) IF NO PAYERS OF BENEFITS ARE IDENTIFIED FOR THE INJURED
54 PERSON DUE TO LACK OF INSURANCE, A LIEN MAY BE CREATED.
55 (3) IF A HOSPITAL IS NOTIFIED OF A PAYER OF BENEFITS AFTER IT
56 CREATES A LIEN, THE HOSPITAL SHALL MAKE GOOD-FAITH ATTEMPTS TO
1 SUBMIT REASONABLE AND NECESSARY CHARGES FOR HOSPITAL CARE OR
2 OTHER SERVICES TO THE IDENTIFIED PAYER IN THE SAME MANNER AS USED
3 BY THE HOSPITAL FOR PATIENTS WHO ARE NOT INJURED AS THE RESULT OF
4 THE NEGLIGENCE OR WRONGFUL ACTS OF ANOTHER PERSON.".
5
6 Renumber succeeding subsections accordingly.
7
8 Amend reengrossed bill, page 2, line 21, strike "SUBSECTIONS (1) AND (2)
9 OF".".
10
11 Strike lines 2 through 4 of the committee report.
12
13 As amended, ordered revised and placed on the Calendar for Third
14 Reading and Final Passage.
15




BILL SB15-269


Currently, the Colorado Employment Security Act (unemployment insurance) lists factors to be considered in determining whether an individual is an employee or an independent contractor. The bill establishes a bright-line test to make this determination, including:
* Repealing the test of whether the individual is customarily engaged in an independent trade;
* Setting a numerical standard of 6 factors out of 11 to show an independent contractor relationship;
* Adding a factor of whether the individual has executed a contract that says the individual is an independent contractor;
* Adding a factor of whether the individual is required to perform the services at a place of business;
* Clarifying the relationship between the factors and compliance with state or federal law; and
* Repealing the rebuttable presumption that an independent contractor relationship exists if the parties have executed a contract with certain disclosures.

Status
4/17/2015 04/17/2015 Introduced In Senate - Assigned to Judiciary
4/29/2015 04/29/2015 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
5/1/2015 05/01/2015 Senate Second Reading Passed with Amendments - Committee
5/4/2015 05/04/2015 Senate Third Reading Passed - No Amendments
5/4/2015 05/04/2015 Introduced In House - Assigned to Local Government
5/5/2015 05/05/2015 House Committee on Local Government Postpone Indefinitely

Amendment

Senate Journal, April 29
After consideration on the merits, the Committee recommends that SB15-269 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 6, strike lines 11 through 13 and substitute:

"SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 5, 2015, if adjournment sine die is on May 6, 2015); except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of
the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2016 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.".