Calendar Notification of Your Bill Dossier

Bill SB17-184 - B. Gardner / D. Pabon Private Marijuana Clubs Open And Public Use
   Wednesday, May 10 2017
   CONFERENCE COMMITTEES TO REPORT
   (1) in senate calendar.

Bill SB17-184 - B. Gardner / D. Pabon Private Marijuana Clubs Open And Public Use
   Wednesday, May 10 2017
   Conference Committee on SB17-184
   8:30 a.m. Room 0109
   (1) in house calendar.

Bill SB17-184 - B. Gardner / D. Pabon Private Marijuana Clubs Open And Public Use
   Wednesday, May 10 2017
   CONFERENCE COMMITTEE(S) TO REPORT
   (1) in house calendar.

Bill SB17-267 - J. Sonnenberg | L. Guzman / J. Becker | K. Becker Sustainability Of Rural Colorado
   Wednesday, May 10 2017
   THIRD READING OF BILLS - FINAL PASSAGE
   (1) in house calendar.

Bill HB17-1023 - NOT ON CALENDAR

Bill HB17-1123 - NOT ON CALENDAR

Bill HB17-1135 - NOT ON CALENDAR

Bill HB17-1145 - NOT ON CALENDAR

Bill SB17-015 - NOT ON CALENDAR

Bill SB17-058 - NOT ON CALENDAR

Bill SB17-077 - NOT ON CALENDAR

Bill SB17-134 - NOT ON CALENDAR

Bill SB17-143 - NOT ON CALENDAR

Bill SB17-215 - NOT ON CALENDAR

Bill SB17-254 - NOT ON CALENDAR

Bill SB17-269 - NOT ON CALENDAR

Bill SB17-303 - NOT ON CALENDAR


BILL HB17-1023


Position: Actively Monitor

Short Title: Clarifying Deceptive Trade Practice Subpoenas
Sponsors: T. Kraft-Tharp | C. Wist / C. Holbert | L. Court

The bill clarifies that the attorney general or a district attorney may issue a subpoena to a person whom he or she has reasonable cause to believe has engaged or is engaging in a deceptive trade practice in violation of Colorado statute. It also specifies that the subpoena may be issued pursuant to rule 4 of the Colorado rules of civil procedure.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/11/2017 Introduced In House - Assigned to Judiciary
1/31/2017 House Committee on Judiciary Refer Amended to House Committee of the Whole
2/3/2017 House Second Reading Passed with Amendments - Committee
2/6/2017 House Third Reading Passed - No Amendments
2/6/2017 Introduced In Senate - Assigned to Judiciary
3/6/2017 Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/8/2017 Senate Second Reading Special Order - Passed - No Amendments
3/9/2017 Senate Third Reading Passed - No Amendments
3/14/2017 Signed by the Speaker of the House
3/16/2017 Sent to the Governor
3/16/2017 Signed by the President of the Senate
3/20/2017 Governor Signed

Amendment

House Journal, February 1
11 HB17-1023 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Amend printed bill, page 2, line 5, after "HAS" insert "REASONABLE".
16
17 Page 2, after line 17, insert:
18 "SECTION 2. In Colorado Revised Statutes, 6-1-107, amend (1)
19 introductory portion as follows:
20
21 6-1-107. Powers of attorney general and district attorneys.
22 (1) When the attorney general or a district attorney has REASONABLE
23 cause to believe that any person, whether in this state or elsewhere, has
24 engaged in or is engaging in any deceptive trade practice listed in section
25 6-1-105 or part 7 of this article, the attorney general or district attorney
26 may:".
27
28 Renumber succeeding section accordingly.
29
30




BILL HB17-1123

Position: Actively Monitor

Short Title: Extend On-premises Retail Alcohol Beverages Sales Hours
Sponsors: S. Lebsock | D. Thurlow / V. Marble

Current law prohibits a person licensed to sell alcohol beverages for on-premises consumption from serving alcohol beverages between the hours of 2 a.m. and 7 a.m.

The bill allows a local government to extend the hours during which alcohol beverages may be sold for on-premises consumption at establishments within the local government's jurisdiction.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/24/2017 Introduced In House - Assigned to Local Government
2/8/2017 House Committee on Local Government Refer Unamended to House Committee of the Whole
2/13/2017 House Second Reading Passed - No Amendments
2/15/2017 House Third Reading Passed - No Amendments
2/15/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/13/2017 Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
3/16/2017 Senate Second Reading Laid Over to 03/24/2017 - No Amendments
3/24/2017 Senate Second Reading Laid Over Daily - No Amendments
3/28/2017 Senate Second Reading Laid Over to 03/31/2017 - No Amendments
3/31/2017 Senate Second Reading Laid Over to 04/07/2017 - No Amendments
4/7/2017 Senate Second Reading Laid Over to 04/18/2017 - No Amendments
4/7/2017 Senate Second Reading Laid Over to 04/13/2017 - No Amendments
4/13/2017 Senate Second Reading Laid Over to 04/25/2017 - No Amendments
4/13/2017 Senate Second Reading Laid Over to 04/21/2017 - No Amendments
4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments


BILL HB17-1135


Short Title: Portability Background Checks Child Care Workers
Sponsors: J. Bridges / K. Priola

The bill creates a new provision that allows a child care worker who is employed in a licensed facility that is wholly owned, operated, and controlled by a common ownership group or school district to use a single completed fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department of human services to satisfy the requirements of the necessary background checks if the employee also works for or transfers to another licensed facility that is owned, operated, or controlled by the same common ownership group or school district, provided all other requirements for employment are met.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
0/0/2017 Introduced In House - Assigned to Public Health Care & Human Services
2/14/2017 House Committee on Public Health Care & Human Services Refer Unamended to House Committee of the Whole
2/17/2017 House Second Reading Passed - No Amendments
2/21/2017 House Third Reading Passed - No Amendments
2/22/2017 Introduced In Senate - Assigned to Health & Human Services
3/1/2017 Senate Committee on Health & Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/3/2017 Senate Second Reading Special Order - Passed - No Amendments
3/6/2017 Senate Third Reading Passed - No Amendments
3/10/2017 Signed by the Speaker of the House
3/14/2017 Sent to the Governor
3/14/2017 Signed by the President of the Senate
3/20/2017 Governor Signed


BILL HB17-1145

Position: Monitor

Short Title: Amateur Winemaker Tastings Contests & Judgings
Sponsors: L. Herod / B. Gardner

Current law exempts amateur beer brewers and winemakers from licensing. Current law also authorizes amateur beer brewers to enter their brews in organized events, such as contests, tastings, or judgings at licensed premises. The bill expands this authorization for events to winemakers who qualify for the amateur exemption. The wine portions are limited to 6 ounces and cannot be sold to the general public.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
2/2/2017 Introduced In House - Assigned to Business Affairs and Labor
2/23/2017 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
2/28/2017 House Second Reading Passed - No Amendments
3/1/2017 House Third Reading Passed - No Amendments
3/3/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/20/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/21/2017 Senate Second Reading Special Order - Passed - No Amendments
3/22/2017 Senate Third Reading Laid Over Daily - No Amendments
3/23/2017 Senate Second Reading Laid Over to 03/27/2017 - No Amendments
3/23/2017 Senate Second Reading Reconsidered - No Amendments
3/27/2017 Senate Second Reading Passed - No Amendments
3/28/2017 Senate Third Reading Passed - No Amendments
4/4/2017 Sent to the Governor
4/4/2017 Signed by the President of the Senate
4/4/2017 Signed by the Speaker of the House
4/13/2017 Governor Signed


BILL SB17-015

Position: Monitor

Short Title: Unlawful Marijuana Advertising
Sponsors: I. Aguilar / D. Pabon

Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The bill makes it a level 2 drug misdemeanor for a person not licensed to sell medical or retail marijuana to advertise for the sale of marijuana or marijuana concentrate. The bill excludes from the crime primary caregivers, medical marijuana-infused product manufacturers, retail marijuana product manufacturers, and retail marijuana testing facilities.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/11/2017 Introduced In Senate - Assigned to Judiciary
1/18/2017 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole
1/23/2017 Senate Second Reading Passed with Amendments - Committee
1/24/2017 Senate Third Reading Passed - No Amendments
1/27/2017 Introduced In House - Assigned to Finance
2/27/2017 House Committee on Finance Refer Amended to House Committee of the Whole
3/2/2017 House Second Reading Passed with Amendments - Committee
3/3/2017 House Third Reading Passed - No Amendments
3/6/2017 Senate Considered House Amendments - Result was to Laid Over Daily
3/7/2017 Senate Considered House Amendments - Result was to Concur - Repass
3/28/2017 Signed by the President of the Senate
3/29/2017 Sent to the Governor
3/29/2017 Signed by the Speaker of the House
4/4/2017 Governor Signed

Amendment

House Journal, February 28
46 SB17-015 be amended as follows, and as so amended, be referred to
47 the Committee of the Whole with favorable
48 recommendation:
49
50 Amend reengrossed bill, page 2, line 8, strike "INTENTIONALLY" and
51 substitutes "WHO KNOWINGLY".
52
53 Page 2, lines 9 and 10, strike "AND WHO KNOWINGLY ADVERTISES".
54
2017 Page 352 House Journal--49th Day--February 28,
1 Page 2, strike lines 15 and 16 and substitute "APPLY TO A PRIMARY
2 CAREGIVER, AS DEFINED IN ARTICLE XVIII,".
3
4 Page 2, strike lines 21 through 27.
5
6 Page 3, strike lines 1 through 3.
7
8




BILL SB17-058

Position: Actively Support

Short Title: Employee Agent Purchase of Alcohol Beverages
Sponsors: R. Baumgardner / J. Singer

The bill allows an employee or agent to purchase alcohol beverages on behalf of a:



Status
1/13/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
1/25/2017 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
1/30/2017 Senate Second Reading Passed - No Amendments
1/31/2017 Senate Third Reading Passed - No Amendments
2/1/2017 Introduced In House - Assigned to Business Affairs and Labor
2/14/2017 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
2/17/2017 House Second Reading Passed - No Amendments
2/21/2017 House Third Reading Passed - No Amendments
3/1/2017 Signed by the President of the Senate
3/2/2017 Sent to the Governor
3/2/2017 Signed by the Speaker of the House
3/8/2017 Governor Signed


BILL SB17-077

Position: Monitor

Short Title: Government Agency Special Event Permit Eligibility
Sponsors: C. Jahn / T. Kraft-Tharp | Y. Willett

The bill authorizes a state agency, the Colorado wine industry development board, or an instrumentality of a municipality or county that has a statutory mandate to promote either alcohol beverages manufactured within the state or tourism to an area of the state where alcohol beverages are manufactured to obtain a special event permit to sell alcohol beverages for a limited period.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
1/13/2017 Introduced In Senate - Assigned to Local Government
1/24/2017 Senate Committee on Local Government Lay Over Amended
2/7/2017 Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
2/9/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
2/10/2017 Senate Third Reading Passed - No Amendments
2/10/2017 Introduced In House - Assigned to Business Affairs and Labor
3/7/2017 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
3/10/2017 House Second Reading Passed - No Amendments
3/13/2017 House Third Reading Passed - No Amendments
3/16/2017 Sent to the Governor
3/16/2017 Signed by the Speaker of the House
3/16/2017 Signed by the President of the Senate
3/20/2017 Governor Signed

Amendment

Senate Journal, February 8
After consideration on the merits, the Committee recommends that SB17-077 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 5, strike "(a)".

Page 2, strike lines 7 and 8 and substitute "A SPECIAL EVENT PERMIT TO
A STATE AGENCY, THE COLORADO WINE INDUSTRY DEVELOPMENT BOARD,
CREATED IN SECTION 35-29.5-103, OR AN INSTRUMENTALITY OF A
MUNICIPALITY OR COUNTY THAT PROMOTES:"

Page 2, line 9, strike "(I)" and substitute "(a)".

Page 2, line 10, strike "(II)" and substitute "(b)" and strike "TO" and
substitute "IN".

Page 2, strike lines 12 through 16.


Appro-
priations




BILL SB17-134

Position: Actively Monitor

Short Title: Alcohol Beverage Licensee Penalty Application
Sponsors: J. Tate / D. Nordberg | L. Herod

The bill limits penalties for violations relating to the sale of alcohol beverages to a visibly intoxicated or underage person that occur in a sales room for licensees operating a beer wholesaler, winery, limited winery, or distillery, or in a retail establishment, for licensees operating a brew pub, vintner's restaurant, or distillery pub, by prohibiting the licensing authority from:



Status
1/31/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/14/2017 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
2/17/2017 Senate Second Reading Passed with Amendments - Committee
2/21/2017 Senate Third Reading Passed - No Amendments
2/23/2017 Introduced In House - Assigned to Business Affairs and Labor
3/7/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
3/10/2017 House Second Reading Passed with Amendments - Committee
3/13/2017 House Third Reading Passed - No Amendments
3/15/2017 Senate Considered House Amendments - Result was to Concur - Repass
3/21/2017 Signed by the President of the Senate
3/22/2017 Signed by the Speaker of the House
3/23/2017 Sent to the Governor
3/30/2017 Governor Signed

Amendment

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB17-134 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, lines 19 and 20, strike "fine accepted
LICENSEE shall be the ACCEPT A FINE" and substitute "fine accepted shall
be the".

Page 3, strike lines 2 through 14 and substitute:

"(7.5) (a) THE FOLLOWING APPLIES ONLY IF THE LICENSING
AUTHORITY HAS DECIDED TO IMPOSE A SUSPENSION FOR A VIOLATION OF
SECTION 12-47-901 (1)(a), (1)(a.5), OR (5)(a)(I) THAT OCCURS IN A SALES
ROOM FOR A LICENSEE OPERATING PURSUANT TO SECTION 12-47-402 (2)
OR (6), 12-47-403 (2)(e), OR 12-47-406 (1)(b):
(I) IF THE LICENSING AUTHORITY DECIDES TO ACCEPT A FINE IN
LIEU OF A LICENSE SUSPENSION, THE LICENSING AUTHORITY SHALL ONLY
INCLUDE IN THE COMPUTATION OF THE FINE THE ESTIMATED GROSS
REVENUES OF THE RETAIL SALES OF THE SALES ROOM WHERE THE
VIOLATION OCCURRED, AND NOT ANY MANUFACTURING OR WHOLESALE
ACTIVITIES OF THE LICENSEE; EXCEPT THAT THE FINE MUST BE BETWEEN
TWO HUNDRED AND FIVE THOUSAND DOLLARS; AND
(II) IF THE LICENSING AUTHORITY DECLINES TO ACCEPT A FINE, IT
SHALL LIMIT ANY SUSPENSION TO THE DESIGNATED PREMISES FOR THE
SALES ROOM WHERE THE VIOLATION OCCURRED, AND NOT ANY
MANUFACTURING OR WHOLESALE ACTIVITIES OF THE LICENSEE.
(b) THE FOLLOWING APPLIES ONLY IF THE LICENSING AUTHORITY
HAS DECIDED TO IMPOSE A SUSPENSION FOR A VIOLATION OF SECTION
12-47-901 (1)(a), (1)(a.5), OR (5)(a)(I) THAT OCCURS IN A RETAIL
ESTABLISHMENT FOR LICENSEES OPERATING PURSUANT TO SECTION
12-47-415, 12-47-420, OR 12-47-424:
(I) IF THE LICENSING AUTHORITY DECIDES TO ACCEPT A FINE IN
LIEU OF A LICENSE SUSPENSION, THE LICENSING AUTHORITY SHALL ONLY
INCLUDE IN THE COMPUTATION OF THE FINE THE ESTIMATED GROSS
REVENUES OF THE RETAIL ACTIVITIES OF THE LICENSEE, AND NOT ANY
MANUFACTURING OR WHOLESALE ACTIVITIES OF THE LICENSEE; EXCEPT
THAT THE FINE MUST BE BETWEEN TWO HUNDRED AND FIVE THOUSAND
DOLLARS; AND
(II) IF THE LICENSING AUTHORITY DECLINES TO ACCEPT A FINE, IT
SHALL LIMIT ANY SUSPENSION TO THE RETAIL ACTIVITIES OF THE
LICENSEE, AND NOT ANY MANUFACTURING OR WHOLESALE ACTIVITIES OF
THE LICENSEE.".
Business,
Labor, &
Technology

House Journal, March 8
17 SB17-134 be amended as follows, and as so amended, be referred to
18 the Committee of the Whole with favorable
19 recommendation:
20
21 Amend reengrossed bill, page 2, line 10, strike "revoke" and substitute
22 "revoke, IN WHOLE OR IN PART,".
23
24 Page 3, line 17, after "LICENSEE." add "IN THE CASE OF A TEMPORARY
25 SALES ROOM FOR NOT MORE THAN THREE CONSECUTIVE DAYS, THE
26 LICENSING AUTHORITY SHALL APPLY A SUSPENSION ISSUED IN
27 ACCORDANCE WITH THIS SECTION ONLY TO FUTURE TEMPORARY SALES
28 ROOMS AND NOT ANY MANUFACTURING OR WHOLESALE ACTIVITIES OF THE
29 LICENSEE.".
30
31




BILL SB17-143

Position: Actively Monitor

Short Title: Cleanup Alcohol Beverage Retail Sales
Sponsors: A. Williams / A. Garnett | D. Nordberg

In the 2016 legislative session, the general assembly enacted Senate Bill 16-197, which changed the system for licensing establishments that are authorized to sell alcohol beverages in sealed containers to customers for consumption off the licensed premises, referred to as the 'retail sale' or 'sale at retail' of alcohol beverages. Some of the changes made by the 2016 legislation include:

The bill modifies portions of the 2016 legislation as follows:



Status
1/31/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
2/13/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
2/16/2017 Senate Second Reading Laid Over to 02/21/2017 - No Amendments
2/21/2017 Senate Second Reading Laid Over Daily - No Amendments
2/23/2017 Senate Second Reading Laid Over to 02/27/2017 - No Amendments
2/27/2017 Senate Second Reading Passed with Amendments - Committee
2/27/2017 Senate Second Reading Passed with Amendments - Committee, Floor
2/28/2017 Senate Third Reading Laid Over Daily - No Amendments
3/2/2017 Senate Third Reading Laid Over to 03/06/2017 - No Amendments
3/6/2017 Senate Third Reading Lost - No Amendments

Amendment

Senate Journal, February 14
After consideration on the merits, the Committee recommends that SB17-143 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 5, line 7, before "(2)(a)(III)," insert "(1)(b)(I)
introductory portion,".

Page 5, strike line 10 and substitute "licenses permitted - requirements
- repeal. (1) (b) (I) On or after January 1, 2017, to qualify for an
additional liquor-licensed drugstore license under this section, a
liquor-licensed drugstore licensee, A CORPORATION WITHIN A
CONTROLLED GROUP OF CORPORATIONS AS DESCRIBED IN SUBSECTION
(4)(c) OF THIS SECTION, or a retail liquor store licensee that was licensed
as a liquor-licensed drugstore on February 21, 2016, must apply to the
state and local licensing authorities, as part of a single application, for a
transfer of ownership of at least two licensed retail liquor stores that were
licensed or had applied for a license on or before May 1, 2016, a change
of location of one of the retail liquor stores, and a merger and conversion
of the retail liquor store licenses into a single liquor-licensed drugstore
license. The applicant may apply for a transfer, change of location, and
merger and conversion only if all of the following requirements are met:
(2) (a) A person licensed".

Page 7, line 1, strike "of 12 midnight and 8 a.m. 5 A.M.;" and substitute
"of:
(I) 12 midnight and 8 a.m., IF SELLING FERMENTED MALT
BEVERAGES IN SEALED CONTAINERS; AND
(II) 2 A.M. AND 5 A.M., IF SELLING FERMENTED MALT BEVERAGES
FOR CONSUMPTION ON THE LICENSED PREMISES;".


State,
Veterans, &
Military
Affairs




BILL SB17-184


Short Title: Private Marijuana Clubs Open And Public Use
Sponsors: B. Gardner / D. Pabon

The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications:

The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
2/14/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/1/2017 Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
3/6/2017 Senate Second Reading Laid Over to 03/08/2017 - No Amendments
3/8/2017 Senate Second Reading Passed with Amendments - Committee, Floor
3/9/2017 Senate Third Reading Passed - No Amendments
3/10/2017 Introduced In House - Assigned to Finance
3/20/2017 House Committee on Finance Refer Unamended to House Committee of the Whole
3/24/2017 House Second Reading Laid Over to 03/27/2017 - No Amendments
3/27/2017 House Second Reading Laid Over Daily - No Amendments
3/28/2017 House Second Reading Laid Over to 04/03/2017 - No Amendments
4/3/2017 House Second Reading Laid Over to 04/07/2017 - No Amendments
4/7/2017 House Second Reading Laid Over to 04/10/2017 - No Amendments
4/13/2017 House Second Reading Special Order - Passed with Amendments - Floor
4/17/2017 House Third Reading Laid Over Daily - No Amendments
4/20/2017 House Third Reading Passed - No Amendments
4/21/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
5/3/2017 First Conference Committee Result was to No Report
5/10/2017 Senate Consideration of First Conference Committee Report result was to Reject, Discharge and Appoint
5/10/2017 House Consideration of First Conference Committee Report result was to Reject, Discharge and Appoint
5/10/2017 First Conference Committee Result was to No Report
5/10/2017 Senate Consideration of Second Conference Committee Report result was to Adhere - CCR produced
5/10/2017 House Consideration of Second Conference Committee Report result was to Adhere - CCR produced

Amendment

Senate Journal, March 2
After consideration on the merits, the Committee recommends that SB17-184 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 12 and 13.

Renumber succeeding subparagraphs accordingly.


Business,
Labor, &
Technology

Senate Journal, March 8
SB17-184 by Senator(s) Gardner; also Representative(s) Pabon--Concerning measures to define
lawful consumption of marijuana.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, March 2, page 329 and placed in members' bill files.)

Amendment No. 2(L.006), by Senator Gardner.

Amend printed bill, page 2, line 16, strike "Private marijuana clubs"
and substitute "Marijuana membership clubs".

Page 2, line 21, strike "PRIVATE MARIJUANA CLUBS." and substitute
"MARIJUANA MEMBERSHIP CLUBS.".

Page 4, line 13, strike "A PLACE".

Strike "PRIVATE MARIJUANA CLUB" and substitute "MARIJUANA
MEMBERSHIP CLUB" on: Page 2, line 17; and Page 3, line 3, lines 4 and
5, line 8, line 18, and line 20.


Amendment No. 3(L.007), by Senator Gardner.

Amend printed bill, page 3, line 7, after the period, add "A MARIJUANA
MEMBERSHIP CLUB SHALL NOT BE A RETAIL FOOD ESTABLISHMENT, AS
DEFINED BY SECTION 25-4-1602 (14), THAT IS REQUIRED TO HAVE A
LICENSE BY THE STATE OR ANY LOCAL GOVERNMENT.".

Page 3, strike lines 15 through 17 and substitute:
"(III) THE SALE OR SERVICE OF ALCOHOL IS PROHIBITED;".


Amendment No. 4(L.008), by Senator Gardner.

Amend printed bill, page 3, line 18, strike "SELL" and substitute "SELL,"

Page 3, strike line 19 and substitute "EXCHANGE, OR TRANSFER
MARIJUANA TO ANY PERSON FOR REMUNERATION, INCLUDING TRANSFERS
RELATED TO REMUNERATION FOR ANY PRODUCT, SERVICE, DUES, OR FEE;
AND".

Page 3, strike line 21 and substitute "SALE, EXCHANGE, OR TRANSFER OF
MARIJUANA TO ANY PERSON FOR REMUNERATION, INCLUDING TRANSFERS
RELATED TO REMUNERATION FOR ANY PRODUCT, SERVICE, DUES, OR FEE.".


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

House Journal, April 13
5 Amendment No. 1, by Representative(s) Pabon.
6
7 Amend reengrossed bill, page 2, strike lines 8 through 21 and substitute:
8 "(2) THE GOVERNING BODY OF A COUNTY, CITY AND COUNTY, OR
9 MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION PROVIDING
10 STRICTER LIMITATIONS ON THE DEFINITION OF "OPEN AND PUBLIC".
11 (3) THE GOVERNING BODY OF A COUNTY, CITY AND COUNTY, OR
12 MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION AUTHORIZING
13 MARIJUANA CONSUMPTION LOCATIONS OR CIRCUMSTANCES THAT ARE
14 EXCEPTIONS TO THE PROHIBITION DESCRIBED IN SUBSECTION (1) OF THIS
15 SECTION IF THE LOCATIONS ARE NOT ACCESSIBLE TO THE PUBLIC OR A
16 SUBSTANTIAL NUMBER OF THE PUBLIC WITHOUT RESTRICTION, INCLUDING,
17 BUT NOT LIMITED TO, RESTRICTIONS ON THE AGE OF THE MEMBERS OF THE
18 PUBLIC WHO ARE ALLOWED ACCESS TO SUCH LOCATION.".
19
20 Page 3, strike lines 1 through 25.
21
22 Renumber succeeding sections accordingly.
23
24 Page 4, strike lines 5 through 10 and substitute:
25 "(2) THE GOVERNING BODY OF A COUNTY, CITY AND COUNTY, OR
26 MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION PROVIDING
27 STRICTER LIMITATIONS ON THE DEFINITION OF "OPEN AND PUBLIC".
28 (3) THE GOVERNING BODY OF A COUNTY, CITY AND COUNTY, OR
29 MUNICIPALITY MAY ADOPT AN ORDINANCE OR RESOLUTION AUTHORIZING
30 MARIJUANA CONSUMPTION LOCATIONS OR CIRCUMSTANCES THAT ARE
31 EXCEPTIONS TO THE PROHIBITION DESCRIBED IN SUBSECTION (1) OF THIS
32 SECTION IF THE LOCATIONS ARE NOT ACCESSIBLE TO THE PUBLIC OR A
33 SUBSTANTIAL NUMBER OF THE PUBLIC WITHOUT RESTRICTION, INCLUDING,
34 BUT NOT LIMITED TO, RESTRICTIONS ON THE AGE OF THE MEMBERS OF THE
35 PUBLIC WHO ARE ALLOWED ACCESS TO SUCH LOCATION.".
36
37 Page 4, strike lines 14 through 22 and substitute:
38 "(20.3) (a) "OPEN AND PUBLIC" OR "OPENLY AND PUBLICLY" MEANS
39 A PLACE TO WHICH THE PUBLIC OR A SUBSTANTIAL NUMBER OF THE PUBLIC
40 HAS ACCESS, INCLUDING, BUT NOT LIMITED TO, STREETS AND HIGHWAYS,
41 TRANSPORTATION FACILITIES, PLACES OF AMUSEMENT, PARKS,
42 PLAYGROUNDS, AND THE COMMON AREAS OF BUILDINGS AND OTHER
43 FACILITIES.
44 (b) "OPEN AND PUBLIC" OR "OPENLY AND PUBLICLY" DOES NOT
45 INCLUDE A PRIVATE RESIDENTIAL PROPERTY.".
46
47 As amended, ordered revised and placed on the Calendar for Third
48 Reading and Final Passage.
49




BILL SB17-215


Short Title: Sunset Licensed Real Estate Brokers & Subdivision Developers
Sponsors: K. Priola / M. Gray

Sunset Process - Senate Business, Labor, and Technology Committee. Sections 1 through 4 of the bill continue the division of real estate, the real estate commission, and the regulation of real estate brokers and subdivision developers for 9 years, until 2026.

Section 5 directs the real estate commission (commission) to establish, by rule, the number of transactions that a broker must have completed before becoming an employing broker.

Section 10 adds to the current provisions on referral fees to require that referral fee agreements conform to the requirements of both state and federal law.

Sections 8 and 11 through 18 consolidate the various cash funds used for several licensing functions and programs administered by the division of real estate into a single cash fund.

Section 7 makes broker licenses expire uniformly on December 31 rather than requiring licensees to apply for renewal at various times throughout the year on their individual anniversary dates.

Section 9 defines 'conviction' to include deferred judgments and deferred sentences, in provisions listing factors the commission may consider when determining whether to discipline a licensee.

Section 6 modifies the composition of the commission to require that one of the 3 broker members be a broker with experience in property management.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/10/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
3/22/2017 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
3/27/2017 Senate Second Reading Passed with Amendments - Committee
3/28/2017 Senate Third Reading Passed with Amendments - Floor
3/29/2017 Introduced In House - Assigned to Business Affairs and Labor
4/18/2017 House Committee on Business Affairs and Labor Refer Amended to House Committee of the Whole
4/21/2017 House Second Reading Special Order - Passed with Amendments - Committee
4/24/2017 House Third Reading Passed - No Amendments
4/25/2017 Senate Considered House Amendments - Result was to Concur - Repass
5/1/2017 Sent to the Governor
5/1/2017 Signed by the Speaker of the House
5/1/2017 Signed by the President of the Senate
6/1/2017 Governor Signed

Amendment

Senate Journal, March 28
SB17-215 by Senator(s) Priola; also Representative(s) Gray--Concerning the continuation under the
sunset law of the division of real estate, and, in connection therewith, implementing the
recommendations contained in the sunset report prepared by the department of regulatory
agencies.

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

Third Reading Amendment No. 1(L.006), by Senator Priola.

Amend engrossed bill, page 7, line 27, strike "JULY 1," and substitute
"JUNE 30,".

The amendment was passed on the following roll call vote:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott Y
Baumgardner Y Gardner Y Lambert Y Smallwood Y
Cooke Y Guzman Y Lundberg Y Sonnenberg Y
Coram Y Hill Y Marble Y Tate Y
Court Y Holbert Y Martinez Humenik Y Todd Y
Crowder Y Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. Y President Y
Fields Y Kefalas Y Priola Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 34 NO 1 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott Y
Baumgardner N Gardner Y Lambert Y Smallwood Y
Cooke Y Guzman Y Lundberg Y Sonnenberg Y
Coram Y Hill Y Marble Y Tate Y
Court Y Holbert Y Martinez Humenik Y Todd Y
Crowder Y Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. Y President Y
Fields Y Kefalas Y Priola Y

House Journal, April 19
53 SB17-215 be amended as follows, and as so amended, be referred to
54 the Committee of the Whole with favorable
55 recommendation:
2017 Page 974 House Journal--99th Day--April 19,
1 Amend reengrossed bill, page 4, strike lines 4 through 12 and substitute:
2
3 "(III) EFFECTIVE JANUARY 1, 2019, A BROKER SHALL NOT ACT AS
4 AN EMPLOYING BROKER WITHOUT FIRST DEMONSTRATING, IN
5 ACCORDANCE WITH RULES OF THE COMMISSION, EXPERIENCE AND
6 KNOWLEDGE SUFFICIENT TO ENABLE THE BROKER TO EMPLOY AND
7 ADEQUATELY SUPERVISE OTHER BROKERS, AS APPROPRIATE TO THE
8 BROKER'S AREA OF SUPERVISION. THE COMMISSION'S RULES MUST SET
9 FORTH THE METHOD OR METHODS BY WHICH THE BROKER MAY
10 DEMONSTRATE SUCH EXPERIENCE AND KNOWLEDGE, EITHER BY
11 DOCUMENTING A SPECIFIED NUMBER OF TRANSACTIONS THAT THE BROKER
12 HAS COMPLETED OR BY OTHER METHODS.".
13
14 Page 11, after line 26 insert:
15
16 "SECTION 14. In Colorado Revised Statutes, 12-61-803, amend
17 (4) as follows:
18 12-61-803. Relationships between brokers and the public -
19 definition. (4) (a) A broker licensed pursuant to part 1 of this article,
20 whether acting as a single agent or transaction-broker, may complete
21 standard forms including those promulgated by the Colorado real estate
22 commission and may advise the parties as to effects thereof if the FOR USE
23 IN A REAL ESTATE TRANSACTION, INCLUDING STANDARD FORMS INTENDED
24 TO CONVEY PERSONAL PROPERTY AS PART OF THE REAL ESTATE
25 TRANSACTION, WHEN A broker is performing the activities enumerated or
26 referred to in section 12-61-101 (2) in the transaction. in which the forms
27 are to be used. In any such transaction, the broker shall advise the parties
28 that the forms have important legal consequences and that the parties
29 should consult legal counsel before signing such forms.
30 (b) AS USED IN THIS SUBSECTION (4), "STANDARD FORM" MEANS:
31 (I) A FORM PROMULGATED BY THE REAL ESTATE COMMISSION FOR
32 CURRENT USE BY BROKERS, ALSO REFERRED TO IN THIS SECTION AS A
33 "COMMISSION-APPROVED FORM";
34 (II) A FORM DRAFTED BY A LICENSED COLORADO ATTORNEY
35 REPRESENTING THE BROKER, EMPLOYING BROKER, OR BROKERAGE FIRM,
36 SO LONG AS THE NAME OF THE ATTORNEY OR LAW FIRM AND THE NAME OF
37 THE BROKER, EMPLOYING BROKER, OR BROKERAGE FIRM FOR WHOM THE
38 FORM IS PREPARED ARE INCLUDED ON THE FORM ITSELF;
39 (III) A FORM PROVIDED BY A PARTY TO THE TRANSACTION IF THE
40 BROKER IS ACTING IN THE TRANSACTION AS EITHER A
41 TRANSACTION-BROKER OR AS A SINGLE AGENT FOR THE PARTY PROVIDING
42 THE FORM TO THE BROKER, SO LONG AS THE BROKER RETAINS WRITTEN
43 CONFIRMATION THAT THE FORM WAS PROVIDED BY A PARTY TO THE
44 TRANSACTION;
45 (IV) A FORM PRESCRIBED BY A GOVERNMENTAL AGENCY, A
46 QUASI-GOVERNMENTAL AGENCY, OR A LENDER REGULATED BY STATE OR
47 FEDERAL LAW, IF USE OF THE FORM IS MANDATED BY SUCH AGENCY OR
48 LENDER;
49 (V) A FORM ISSUED WITH THE WRITTEN APPROVAL OF THE
50 COLORADO BAR ASSOCIATION OR ITS SUCCESSOR ORGANIZATION AND
51 SPECIFICALLY DESIGNATED FOR USE BY BROKERS IN COLORADO, SO LONG
52 AS THE FORM IS USED WITHIN ANY GUIDELINES OR CONDITIONS SPECIFIED
53 BY THE COLORADO BAR ASSOCIATION OR SUCCESSOR ORGANIZATION IN
54 CONNECTION WITH THE USE OF THE FORM;
55 (VI) A FORM USED FOR DISCLOSURE PURPOSES ONLY, IF THE
56 DISCLOSURE DOES NOT PURPORT TO WAIVE OR CREATE ANY LEGAL RIGHTS
1 OR OBLIGATIONS AFFECTING ANY PARTY TO THE TRANSACTION AND IF THE
2 FORM PROVIDES ONLY INFORMATION CONCERNING EITHER:
3 (A) THE REAL ESTATE INVOLVED IN THE TRANSACTION
4 SPECIFICALLY; OR
5 (B) THE GEOGRAPHIC AREA IN WHICH THE REAL ESTATE IS
6 LOCATED GENERALLY;
7 (VII) A FORM PRESCRIBED BY A TITLE COMPANY THAT IS
8 PROVIDING CLOSING SERVICES IN A TRANSACTION FOR WHICH THE BROKER
9 IS ACTING EITHER AS A TRANSACTION-BROKER OR AS A SINGLE AGENT FOR
10 A PARTY TO THE TRANSACTION; OR
11 (VIII) A LETTER OF INTENT CREATED OR PREPARED BY A BROKER,
12 EMPLOYING BROKER, OR BROKERAGE FIRM SO LONG AS THE LETTER OF
13 INTENT STATES ON ITS FACE THAT IT IS NON-BINDING AND CREATES NO
14 LEGAL RIGHTS OR OBLIGATIONS.
15 (c) A BROKER SHALL USE A COMMISSION-APPROVED FORM WHEN
16 SUCH A FORM EXISTS AND IS APPROPRIATE FOR THE TRANSACTION. A
17 BROKER'S USE OF ANY STANDARD FORM DESCRIBED IN SUBSECTION
18 (4)(b)(III) OR (4)(b)(IV) OF THIS SECTION MUST BE LIMITED TO INSERTING
19 TRANSACTION-SPECIFIC INFORMATION WITHIN THE FORM. IN USING
20 STANDARD FORMS DESCRIBED IN SUBSECTION (4)(b)(II), (4)(b)(V),
21 (4)(b)(VI), (4)(b)(VII), OR (4)(b)(VIII) OF THIS SECTION, THE BROKER
22 MAY ALSO ADVISE THE PARTIES AS TO EFFECTS THEREOF, AND THE
23 BROKER'S USE OF THOSE STANDARD FORMS MUST BE APPROPRIATE FOR THE
24 TRANSACTION AND THE CIRCUMSTANCES IN WHICH THEY ARE USED. IN
25 ANY TRANSACTION DESCRIBED IN THIS SUBSECTION (4), THE BROKER
26 SHALL ADVISE THE PARTIES THAT THE FORMS HAVE IMPORTANT LEGAL
27 CONSEQUENCES AND THAT THE PARTIES SHOULD CONSULT LEGAL COUNSEL
28 BEFORE SIGNING SUCH FORMS.".
29
30 Renumber succeeding sections accordingly.
31
32




BILL SB17-254


Short Title: 2017-18 Long Appropriations Bill
Sponsors: K. Lambert / M. Hamner

Provides for the payment of 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, 2017, except as otherwise noted.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/27/2017 Introduced In Senate - Assigned to Appropriations
3/28/2017 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
3/29/2017 Senate Second Reading Special Order - Passed with Amendments - Floor
3/30/2017 Senate Third Reading Passed - No Amendments
3/31/2017 Introduced In House - Assigned to Appropriations
4/4/2017 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/6/2017 House Second Reading Laid Over Daily - No Amendments
4/7/2017 House Second Reading Passed with Amendments - Committee, Floor
4/10/2017 House Third Reading Passed - No Amendments
4/11/2017 Senate Considered House Amendments - Result was to Laid Over Daily
4/19/2017 Senate Considered House Amendments - Result was to Laid Over to 04/21/2017
4/25/2017 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
4/25/2017 Senate Considered House Amendments - Result was to Reconsider
4/27/2017 First Conference Committee Result was to Adopt Reengrossed w/ Amendments
5/1/2017 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/3/2017 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/11/2017 Signed by the Speaker of the House
5/11/2017 Signed by the President of the Senate
5/11/2017 Sent to the Governor
5/26/2017 Governor Signed

Amendment

Senate Journal, March 29
SB17-254 by Senator(s) Lambert, Lundberg, Moreno; also Representative(s) Hamner, Young,
Rankin--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, 2017, except as otherwise noted.

Amendment No. 1(J.001), by Senators Garcia, Aguilar, Merrifield, Court, Todd, Kerr,
Kagan, Jones, Fenberg, Zenzinger, Donovan, and Guzman.

Amend printed bill, page 112, after line 12 insert:

ITEM & CASH FEDERAL
SUBTOTAL FUNDS FUNDS
$ $ $


"Connect for Health
Colorado Systems 669,757 122,690f 547,067".

Adjust affected totals accordingly.

Page 113, after line 7 insert:

"f This amount represents public funds certified as expenditures incurred
by Connect for Health Colorado that are eligible for federal financial
participation under the Medicaid program.".

Page 114, after line 6 insert:

ITEM & CASH FEDERAL
SUBTOTAL FUNDS FUNDS
$ $ $


"Connect for Health
Colorado Eligibility
Determinations 4,474,451 1,667,767f 2,806,684".

Adjust affected totals accordingly.

Page 114, after line 15 insert:

"f This amount represents public funds certified as expenditures incurred
by Connect for Health Colorado that are eligible for federal financial
participation under the Medicaid program.".

PURPOSE: Provides the Department of Health Care Policy and
Financing $5,144,208 total funds, including $1,790,457 cash funds, to
reimburse Connect for Health Colorado for eligibility determination
assistance provided to applicants for Medicaid and the Children's Basic
Health Plan. The source of cash funds is insurance fees already being
spent by Connect for Health Colorado for this purpose that the
Department will certify as a public expenditure in order to draw the
federal match. Certified public expenditures are not included in
calculations of the State's revenue that is subject to the TABOR limit and
therefore do not increase the projected General Fund obligation for a
TABOR refund.

Fiscal Impact of Amendment
Department GF CF RF FF Total FTE
Health Care
Policy and
Financing $0 $1,790,457 $0 $3,353,751 $5,144,208 0.0


Senate Journal, March 29
SB17-254 by Senator(s) Lambert, Lundberg, Moreno; also Representative(s) Hamner, Young,
Rankin--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, 2017, except as otherwise noted.

Senator Kerr moved to amend the Report of the Committee of the Whole to show that the
following Kerr, Merrifield, Court, Todd, Kefalas, Jones, Fenberg, Zenzinger, and Guzman
floor amendment, (Amendment No. 1 - J.022) to SB17-254, did pass.

Amend printed bill, page 27, line 7, in the ITEM & SUBTOTAL column
strike "61,220,653" and substitute "36,120,653" and in the GENERAL
FUND column strike "59,142,933" and substitute "34,042,933".

Adjust affected totals accordingly.

Page 64, line 8, in the ITEM & SUBTOTAL column strike
"4,353,087,959" and substitute "4,389,887,959" and in the GENERAL
FUND column strike "3,048,888,997" and substitute "3,085,688,997".

Adjust affected totals acordingly.


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 was lost on the following roll
call vote:

YES 16 NO 19 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott N
Baumgardner N Gardner N Lambert N Smallwood N
Cooke N Guzman Y Lundberg N Sonnenberg N
Coram N Hill N Marble N Tate N
Court Y Holbert N Martinez Humenik N Todd Y
Crowder N Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno N Zenzinger Y
Fenberg Y Kagan Y Neville T. N President N
Fields Y Kefalas Y Priola N

House Journal, April 4
55 SB17-254 be amended as follows, and as so amended, be referred to
56 the Committee of the Whole with favorable
1 recommendation:
2
3 Amend reengrossed bill, page 117, line 14, strike "Individuals13, 13a" and
4 substitute "Individuals13".
5
6 Page 133, strike line 18.
7
8 Page 134, strike lines 1 through 6.
9
10 Page 243, line 1, in the ITEM & SUBTOTAL column strike "355,021"
11 and substitute "355,031" and in the GENERAL FUND column strike
12 "325,548" and substitute "325,558".
13
14 Page 243, line 3, in the ITEM & SUBTOTAL column strike "10,578,904"
15 and substitute "10,619,357", in the GENERAL FUND column strike
16 "9,795,991" and substitute "9,836,206", and in the CASH FUNDS
17 column strike "782,913a" and substitute "783,151a".
18
19 Page 243, line 6, in the ITEM & SUBTOTAL column strike "10,185,432"
20 and substitute "10,213,101", in the GENERAL FUND column strike
21 "9,404,856" and substitute "9,432,362", and in the CASH FUNDS
22 column strike "780,576a" and substitute "780,739a".
23
24 Page 243, line 7, in the ITEM & SUBTOTAL column strike "2,865,945"
25 and substitute "4,974,368", in the GENERAL FUND column strike
26 "2,574,713" and substitute "4,670,658", and in the CASH FUNDS
27 column strike "291,232a" and substitute "303,710a".
28
29 Adjust affected totals accordingly.
30
31 Page 255, line 5, in the ITEM & SUBTOTAL column strike "104,079"
32 and substitute "104,089" and in the GENERAL FUND column strike
33 "104,079" and substitute "104,089".
34
35 Page 255, line 7, in the ITEM & SUBTOTAL column strike "2,738,911"
36 and substitute "2,739,179" and in the GENERAL FUND column strike
37 "2,738,911" and substitute "2,739,179".
38
39 Page 255, line 10, in the ITEM & SUBTOTAL column strike
40 "2,738,911" and substitute "2,739,179" and in the GENERAL FUND
41 column strike "2,738,911" and substitute "2,739,179".
42
43 Page 255, line 11, in the ITEM & SUBTOTAL column strike "1,037,841"
44 and substitute "1,043,828" and in the GENERAL FUND column strike
45 "1,037,841" and substitute "1,043,828".
46
47 Adjust affected totals accordingly.
48
49 Page 257, line 2, in the ITEM & SUBTOTAL column strike "2,283" and
50 substitute "2,293" and in the GENERAL FUND column strike "2,283"
51 and substitute "2,293".
52
53 Page 257, line 4, in the ITEM & SUBTOTAL column strike "60,082" and
54 substitute "60,339" and in the GENERAL FUND column strike "60,082"
55 and substitute "60,339".
56
2017 Page 752 House Journal--84th Day--April 4,
1 Page 257, line 7, in the ITEM & SUBTOTAL column strike "60,082" and
2 substitute "60,339" and in the GENERAL FUND column strike "60,082"
3 and substitute "60,339".
4
5 Page 257, line 8, in the ITEM & SUBTOTAL column strike "113,556"
6 and substitute "119,297" and in the GENERAL FUND column strike
7 "113,556" and substitute "119,297".
8
9 Adjust affected totals accordingly.
10
11 Page 258, line 7, in the ITEM & SUBTOTAL column strike "4,244" and
12 substitute "4,254" and in the GENERAL FUND column strike "4,244"
13 and substitute "4,254".
14
15 Page 258, line 9, in the ITEM & SUBTOTAL column strike "111,700"
16 and substitute "111,957" and in the GENERAL FUND column strike
17 "111,700" and substitute "111,957".
18
19 Page 258, line 12, in the ITEM & SUBTOTAL column strike "111,700"
20 and substitute "111,957" and in the GENERAL FUND column strike
21 "111,700" and substitute "111,957".
22
23 Page 258, line 13, in the ITEM & SUBTOTAL column strike "39,713"
24 and substitute "45,454" and in the GENERAL FUND column strike
25 "39,713" and substitute "45,454".
26
27 Adjust affected totals accordingly.
28
29 Page 260, line 1, in the ITEM & SUBTOTAL column strike "1,601" and
30 substitute "1,611" and in the GENERAL FUND column strike "1,601"
31 and substitute "1,611".
32
33 Page 260, line 3, in the ITEM & SUBTOTAL column strike "42,140" and
34 substitute "42,397" and in the GENERAL FUND column strike "42,140"
35 and substitute "42,397".
36
37 Page 260, line 6, in the ITEM & SUBTOTAL column strike "42,140" and
38 substitute "42,397" and in the GENERAL FUND column strike "42,140"
39 and substitute "42,397".
40
41 Page 260, line 7, in the ITEM & SUBTOTAL column strike "11,418" and
42 substitute "17,159" and in the GENERAL FUND column strike "11,418"
43 and substitute "17,159".
44
45 Adjust affected totals accordingly.
46
47 Page 263, line 2, strike "Decrease" and substitute "Increase".
48
49 Page 263, line 3, strike "($1,288)" and substitute "$4,420" and strike
50 "$175,511" and substitute "$181,219".
51
52 Page 263, line 4, strike "(1,261)" and substitute "4,326" and strike
53 "171,763" and substitute "177,350".
54
55 Page 263, line 5, strike "(1,239)" and substitute "4,249" and strike
56 "168,738" and substitute "174,226".
1 Page 263, line 6, strike "(1,211)" and substitute "4,154" and strike
2 "164,959" and substitute "170,324".
3
4 Page 263, line 8, strike "(1,161)" and substitute "3,983" and strike
5 "158,159" and substitute "163,303".
6
7 Page 263, line 9, strike "(1,111)" and substitute "3,812" and strike
8 "151,355" and substitute "156,278".
9
10 Page 497, line 12, in the TOTAL column strike "1,421,720,005" and
11 substitute " 1,419,531,001" and in the GENERAL FUND column strike
12 "2,189,004".
13
14 Adjust affected totals accordingly.
15
16 Page 303, line 8, in the ITEM & SUBTOTAL column strike "36,528,793"
17 and substitute "20,228,793" and in the CASH FUNDS column strike
18 "16,300,000d".
19
20 Adjust affected totals accordingly.
21
22 Page 304, strike line 8.
23
24 Page 318, line 6, in the ITEM & SUBTOTAL column strike "957,280"
25 and substitute "657,280" and in the GENERAL FUND column strike
26 "957,280" and substitute "657,280".
27
28 Adjust affected totals accordingly.
29
30

House Journal, April 6
44 Amendment No. 1, Appropriations Report, dated April 4, 2017, and
45 placed in member's bill file; Report also printed in House Journal, April
46 4, 2017.
47
48 Amendment No. 2, by Representative(s) Mitsch Bush, Liston, Wilson and
49 Ginal.
50
51 Amend the Appropriations Committee Report, dated April 4, 2017, page
52 1, strike lines 1 through 4 and substitute:
53
54 "Amend reengrossed bill, page 134, strike lines 1 through 6 and
55 substitute:
56
1 "The General Assembly assumes federal approval of provider rate
2 increases for Home- and Community-Based Services, except for services
3 funded through the Office of Community Living, will be delayed until
4 October 1, 2017, resulting in a savings of $1,647,446 General Fund. It is
5 the General Assembly’s intent that this savings be invested in a rate
6 increase for emergency medical transportation, non-emergency medical
7 transportation, and non-medical transportation of $5,438,492 total funds,
8 of which $1,647,446 comes from the General Fund. The General
9 Assembly assumes that to continue the rate increases for transportation
10 services in FY 2018-19, when the one-time savings from the delay of the
11 Home- and Community-Based Services rate increases is gone, the
12 Department of Health Care Policy and Financing will need $6,190,375 of
13 which $1,931,181 will come from the General Fund.".".
14
15 Amendment No. 3, by Representative(s) Becker KC., Hooton, Rosenthal,
16 Buckner, Melton, Singer, Benavidez, Salazar, Herod, and Jackson.
17
18 Amend the Appropriations Committee Report, dated April 4, 2017, page
19 4, strike lines 14 through 18.
20
21 Amendment No. 4, by Representative(s) Michaelson Jenet, Valdez,
22 Weissman, and Lontine.
23
24 Amend the Appropriations Committee Report, dated April 4, 2017, page
25 4, strike lines 19 through 22.
26
27 Amendment No. 5, by Representative(s) Nordberg and Kraft-Tharp.
28
29 Amend reengrossed bill, page 20, line 1, strike "FAIR" and substitute
30 "FAIR1a".
31
32 Page 22, after line 5 insert:
33 "1a Department of Agriculture, Colorado State Fair --
34 It is the General Assembly's intent that the
35 Colorado State Fair Authority seek and receive a
36 combined total of at least $500,000 from Pueblo
37 County and the City of Pueblo in FY 2017-18 to
38 support the Colorado State Fair and Industrial
39 Exposition held annually in Pueblo, Colorado.".
40
41 Amendment No. 6, by Representative(s) Herod and Winter.
42
43 Amend reengrossed bill, page 23, line 6, in the ITEM & SUBTOTAL
44 column strike "3,443,975" and substitute "3,403,975" and in the
45 GENERAL FUND column strike "3,200,170" and substitute "3,160,170".
46
47 Adjust affected totals accordingly.
48
49 Page 30, line 8, strike "Expenses" and substitute "Expenses4a", in the
50 ITEM & SUBTOTAL column strike "1,808,941" and substitute
51 "1,848,941", and in the GENERAL FUND column strike "1,808,941" and
52 substitute "1,848,941".
53
54 Adjust affected totals accordingly.
55
56 Page 52. after line 6, insert:
2017 Page 796 House Journal--86th Day--April 6,
1 "4a Department of Corrections, Institutions, Housing
2 and Security Subprogram, Operating Expenses --
3 This appropriation includes $40,000 General Fund
4 for the purpose of providing tampons for
5 offenders.".
6
7 Amendment No. 7, by Representative(s) Salazar.
8
9 Amend reengrossed bill, page 29, line 8, in the ITEM & SUBTOTAL
10 column strike "22,062,941" and substitute "21,962,941" and in the
11 GENERAL FUND column strike "20,658,871" and substitute
12 "20,558,871".
13
14 Adjust affected totals accordingly.
15
16 Page 41, line 14, in the ITEM & SUBTOTAL column strike "6,722,303"
17 and substitute "6,622,303" and in the GENERAL FUND column strike
18 "6,722,303" and substitute "6,622,303".
19
20 Adjust affected totals accordingly.
21
22 Page 45, line 5, in the ITEM & SUBTOTAL column strike "1,733,971"
23 and substitute "1,933,971" and in the GENERAL FUND column strike
24 "1,733,971" and substitute "1,933,971".
25
26 Adjust affected totals accordingly.
27
28 Amendment No. 8, by Representative(s) Weissman.
29
30 Amend reengrossed bill, page 64, line 8, in the ITEM & SUBTOTAL
31 column strike "4,353,087,959" and substitute "4,353,438,859" and in the
32 GENERAL FUND column strike "3,048,888,997" and substitute
33 "3,049,239,897".
34
35 Adjust affected totals accordingly.
36
37 Page 84, line 9, strike "$3,859,900" and substitute "$4,210,800".
38
39 Page 84, line 10, strike "550 FTE" and substitute "600 FTE".
40
41 Page 205, line 3, in the GENERAL FUND column strike "1,724,823" and
42 substitute "1,373,923" and in the CASH FUNDS column strike
43 "405,975a" and substitute "756,875a".
44
45 Adjust affected totals accordingly.
46
47 Page 205, line 9, strike "$254,625" and substitute "$605,525".
48
49 Amendment No. 9, by Representative(s) Covarrubias.
50
51 Amend reengrossed bill, page 67, line 8, in the ITEM & SUBTOTAL
52 column strike "26,164,481" and substitute "30,000,000" and in the CASH
53 FUND column strike "8,371,631a" and substitute "12,207,150a".
54
55 Adjust affected totals accordingly.
56
1 Page 157, line 7, in the ITEM & SUBTOTAL column strike "26,164,481"
2 and substitute "30,000,000" and in the REAPPROPRIATED FUNDS
3 column strike "26,164,481a" and substitute "30,000,000a".
4
5 Adjust affected totals accordingly.
6
7 Amendment No. 10, by Representative(s) Hansen, Mitsch Bush, and
8 Becker KC.
9
10 Amend reengrossed bill, page 89, line 2, in the ITEM & SUBTOTAL
11 column strike "3,623,542" and substitute "6,723,542" and in the
12 GENERAL FUND column strike "70,000" and substitute "3,170,000".
13
14 Adjust affected totals accordingly.
15
16 Amendment No. 11, by Representative(s) Esgar, Exum and Ginal.
17
18 Amend reengrossed bill, page 89, line 5, in the ITEM & SUBTOTAL
19 column strike "6,500,000" and substitute "7,600,000" and in the
20 GENERAL FUND column insert "1,100,000".
21
22 Adjust affected totals accordingly.
23
24 Amendment No. 12, by Representative(s) Melton, Rosenthal, Bridges,
25 Kraft-Tharp, Herod, and McLachlan.
26
27 Amend reengrossed bill, page 93, line 8, in the ITEM & SUBTOTAL
28 column strike "500,000" and substitute "2,000,000" and in the
29 GENERAL FUND column insert "1,500,000".
30
31 Page 93, line 14, in the ITEM & SUBTOTAL column strike "18,500,000"
32 and substitute "17,750,000" and in the GENERAL FUND column strike
33 "4,000,000" and substitute "3,250,000".
34
35 Adjust affected totals accordingly.
36
37 Amendment No. 13, by Representative(s) Rosenthal and
38 Michaelson Jenet.
39
40 Amend reengrossed bill, page 117, line 14, strike "Individuals13, 13a" and
41 substitute "Individuals13,13a,13b".
42
43 Page 134, after line 6 insert:
44
45 "13b Department of Health Care Policy and Financing,
46 Medical Services Premiums, Medical and Long-
47 Term Care Services for Medicaid Eligible
861 48 Individuals – This appropriation includes $465,
49 total funds, including $232,931 General Fund and
50 $232,930 federal funds, for the purpose of adding
51 elective circumcision as a Medicaid benefit. It is the
52 intent of the General Assembly that the Department
53 prorate the across-the-board provider rate increase
54 by the amount required to add elective circumcision
55 as a Medicaid benefit within the existing
56 appropriation.".
2017 Page 798 House Journal--86th Day--April 6,
1 Amendment No. 14, by Representative(s) Becker J.
2
3 Amend reengrossed bill, page 132, line 4, strike "FINANCING)20" and
4 substitute "FINANCING)20,20a".
5
6 Page 136, after line 16 insert:
7
8 "20a Department of Health Care Policy and Financing,
9 Grand Totals – It is the General Assembly's intent
10 that the Department limit expenditures from the
11 Hospital Provider Fee for administration to
12 $18,018,000, or approximately 3.0 percent of
13 projected revenues if S.B. 17-256 becomes law. The
14 Department is authorized to transfer the savings of
15 $7,935,373 and the associated matching federal
16 funds from administration line items to Medical
17 Services Premiums for the purpose of supporting
18 the most vulnerable hospitals, as identified by the
19 Hospital Provider Fee Oversight and Advisory
20 Board. If S.B. 17-267 should pass and authorize a
21 Colorado Healthcare Affordability and
22 Sustainability Enterprise, then the $7,935,373 would
23 be distributed to hospitals through the normal
24 formula.".
25
26 Amendment No. 15, by Representative(s) Coleman, Herod, Melton,
27 Jackson, Buckner, and Exum.
28
29 Amend reengrossed bill, page 187, line 8, in the ITEM & SUBTOTAL
30 column strike "8,859,323" and substitute "10,359,323" and in the CASH
31 FUNDS column strike "6,402,045l" and substitute "7,902,045l".
32
33 Adjust affected totals accordingly.
34
35 Page 189, line 7 strike "$373,672" and substitute "$1,873,672".
36
37 Amendment No. 16, by Representative(s) Singer, Pettersen, Kraft-Tharp,
38 and Navarro.
39
40 Amend reengrossed bill, page 208, line 4, in the ITEM & SUBTOTAL
41 column strike "6,084,109" and substitute "14,084,109" and in the CASH
42 FUNDS column strike "6,084,109c" and substitute "14,084,109c".
43
44 Adjust affected totals accordingly.
45
46 Amendment No. 17, by Representative(s) Lebsock and McKean.
47
48 Amend reengrossed bill, page 225, line 14, strike "Services52" and
49 substitute "Services52,52a".
50
51 Page 225, line 14, in the ITEM & SUBTOTAL column strike
52 "21,811,622" and substitute "22,311,622" and in the GENERAL FUND
53 column strike "10,803,870" and substitute "11,303,870".
54
55 Adjust affected totals accordingly.
56
1 Page 239, after line 3 insert:
2 "52a Department of Human Services, Adult Assistance
3 Programs, Community Services for the Elderly,
4 State Funding for Senior Services -- $500,000 of this
5 appropriation shall be used for the maintenance and
6 handyman home services for seniors program.".
7
8 Amendment No. 18, by Representative(s) Lontine.
9
10 Amend reengrossed bill, page 227, line 5, in the ITEM & SUBTOTAL
11 column strike "744,577" and substitute "1,294,577" and in the
12 GENERAL FUND column strike "744,577" and substitute "1,294,577".
13
14 Adjust affected totals accordingly.
15
16 Amendment No. 19, by Representative(s) Lee.
17
18 Amend reengrossed bill, page 229, line 8, strike "Services" and substitute
19 "Services52a".
20
21 Page 239, after line 3 insert:
22 "52a Department of Human Services, Division of Youth
23 Corrections, Institutional Programs, Personal
24 Services -- It is the General Assembly's intent that
25 the Department of Human Services shall use a
26 portion of this appropriation to develop guidelines,
27 using evidence-based practices, for administering
28 State-owned and -operated youth corrections
29 facilities in a manner that does not physically harm
30 youth in custody.".
31
32 Amendment No. 20, by Representative(s) Landgraf, Nordberg and Exum.
33
34 Amend reengrossed bill, page 245, line 3, in the ITEM & SUBTOTAL
35 column strike "3,605,925" and substitute "4,079,624" and in the CASH
36 FUNDS column strike "3,204,586e" and substitute "3,678,285p".
37
38 Page 245, line 4, in the CASH FUNDS column strike "(41.5 FTE)" and
39 substitute "(47.8 FTE)".
40
41 Adjust affected totals accordingly.
42
43 Page 248, after line 15 insert:
44 "p Of this amount, $3,204,586 shall be from the Judicial Stabilization
45 Cash Fund created in Section 13-32-101 (6), C.R.S., and $473,699 shall
46 be from the Marijuana Tax Cash Fund created in Section 39-28.8-501 (1),
47 C.R.S.".
48
49 Page 252, line 2, in the ITEM & SUBTOTAL column strike "34,717,999"
50 and substitute "34,909,249" and in the CASH FUNDS column strike
51 "15,919,977b" and substitute "16,111,227b".
52
53 Adjust affected totals accordingly.
54
55 Page 253, line 11, strike the second "and".
56
2017 Page 800 House Journal--86th Day--April 6,
250 1 Page 253, line 12, strike "C.R.S." and substitute "C.R.S., and $191,
2 shall be from the Marijuana Tax Cash Fund created in Section 39-28.8-
3 501 (1), C.R.S.".
4
5 Page 263, line 15, strike "$624,877 of the General" and substitute
6 "$816,127 of the appropriation for Offender Treatment and Services,
7 including $624,877 General Fund and $191,250 cash funds from the
8 Marijuana Tax Cash Fund,".
9
10 Page 263, line 16, strike "Fund appropriation for Offender Treatment and
11 Services".
12
13 Amendment No. 21, by Representative(s) Foote.
14
15 Amend reengrossed bill, page 293, line 14, strike "(LAW)" and substitute
16 "(LAW)63a".
17
18 Page 294, after line 15 insert:
19 "63a Department of Law, Grand Totals -- It is the
20 General Assembly's intent that none of this
21 appropriation be used to sue a local government on
22 behalf of a private corporation.".
23
24 Amendment No. 22, by Representative(s) Gray and Winter.
25
26 Amend reengrossed bill, page 404, line 6, in the ITEM & SUBTOTAL
27 column strike "696,029" and substitute "1,196,029" and in the CASH
28 FUNDS column strike "293,699b" and substitute "793,699b".
29
30 Page 404, line 7, in the CASH FUNDS column strike "(3.2 FTE)" and
31 substitute "(4.2 FTE)".
32
33 Adjust affected totals accordingly.
34
35 Amendment No. 23, by Representative(s) Hansen and Willet.
36
37 Amend reengrossed bill, page 330, line 4, strike "Costs" and substitute
38 "Costs68a".
39
40 Page 331, line 7, strike "$5,398,067" and substitute "$6,148,067".
41
42 Page 331, line 7, strike "$4,675,499" and substitute "$3,925,499".
43
44 Page 345, line 12, strike "$13,878,934" and substitute "$14,628,934".
45
46 Page 346, after line 10 insert:
47
48 "68a Department of Natural Resources, Oil and Gas
49 Conservation Commission, Program Costs -- It is
50 the General Assembly's intent that $750,000 from
51 the Severance Tax Operational Fund appropriated to
52 this line item be expended hiring individuals for the
53 nine vacant positions being held vacant due to
54 revenue shortfalls identified in the Department of
55 Natural Resources Staff Memo dated March 29,
56 2017.".
1 Amendment No. 24, by Representative(s) Pabon.
2
3 Amend reengrossed bill, page 404, line 9, in the ITEM & SUBTOTAL
4 column strike "866,122" and substitute "4,866,122" and in the CASH
5 FUNDS column strike "866,122a" and substitute "4,866,122a".
6
7 Adjust affected totals accordingly.
8
9 Amendment No. 25, by Representative(s) Pabon.
10
11 Amend reengrossed bill, page 413, line 14, in the ITEM & SUBTOTAL
12 column strike "9,030,000" and substitute "9,530,000" and in the CASH
13 FUNDS column strike "9,030,000a" and substitute "9,530,000a".
14
15 Adjust affected totals accordingly.
16
17 Amendment No. 26, by Representative(s) Exum and McLachlan.
18
19 Amend reengrossed bill, page 434, after line 5 insert:
20
21 ITEM & GENERAL
22 SUBTOTAL FUND
23 $ $
24
25 "Fire Safety Grants 1,100,000 1,100,000".
26
27 Adjust affected totals accordingly.
28
29 Amendment No. 27, by Representative(s) Becker J.
30
31 Amend reengrossed bill, page 462, after line 11 insert:
32
33 ITEM & CASH
34 SUBTOTAL FUNDS
35 $ $
36
37 "Rural Broadband 9,4 5 0 , 0 0 0 9,450,000d".
38
39 Adjust affected totals accordingly.
40
41 Page 463, after line 7 insert:
42
43 "d This amount shall be from the High Cost Support Mechanism within
44 the Public Utilities Commission. It is the General Assembly's intent that
45 these funds are spent in rural Colorado.".
46
47 Amendment No. 28, by Representative(s) Garnett.
48
49 Amend reengrossed bill, page 104, line 8, strike "stations." and substitute
50 "stations through a state-approved vendor.".
51
52 As amended, laid over until April 7, retaining place on Calendar.




BILL SB17-267


Short Title: Sustainability Of Rural Colorado
Sponsors: J. Sonnenberg | L. Guzman / J. Becker | K. Becker

Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap).

Section 17 of the bill also requires CHASE to seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law.

Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes.

Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue.

Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements.

The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money.

Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018.

Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate).

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18:

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year:

Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana.

Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18.

Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020.

Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay:

Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions. HCPF must comply with ACE Kids Act requirements for its participation.

Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property.

Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/27/2017 Introduced In Senate - Assigned to Finance + Appropriations
4/11/2017 Senate Committee on Finance Refer Amended to Appropriations
5/5/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/5/2017 Senate Second Reading Special Order - Passed with Amendments - Committee
5/8/2017 Introduced In House - Assigned to Finance
5/8/2017 Senate Third Reading Passed - No Amendments
5/8/2017 House Committee on Finance Refer Unamended to Appropriations
5/8/2017 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/8/2017 House Second Reading Special Order - Laid Over to 05/09/2017 - No Amendments
5/9/2017 House Second Reading Special Order - Passed - No Amendments
5/10/2017 House Third Reading Passed - No Amendments
5/19/2017 Sent to the Governor
5/19/2017 Signed by the Speaker of the House
5/19/2017 Signed by the President of the Senate
5/30/2017 Governor Signed

Amendment

Senate Journal, April 12
After consideration on the merits, the Committee recommends that SB17-267 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 5, line 12, strike "17-_____," and substitute
"17-267,".

Page 6, strike lines 4 through 27.

Strike page 7.

Page 8, strike lines 1 and 2 and substitute:

"SECTION 3. In Colorado Revised Statutes, 24-75-219, repeal
as amended by Senate Bill 17-262 (2)(c); and repeal as added by
Senate Bill 17-262 (2)(c.3)(I) and (2)(c.7)(I) as follows:
24-75-219. Transfers - transportation - capital construction
- definitions. (2) (c) On June 30, 2018, the state treasurer shall transfer
seventy-nine million dollars from the general fund to the highway users
tax fund.
(c.3) On June 30, 2019, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(c.7) On June 30, 2020, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and".

Page 9, strike lines 14 through 27.

Strike pages 10 through 16.

Page 17, strike lines 1 through 17 and substitute:

"SECTION 5. In Colorado Revised Statutes, add part 13 to
article 82 of title 24 as follows:
24-82-1301. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) DUE TO INSUFFICIENT FUNDING, NECESSARY HIGH-PRIORITY
STATE HIGHWAY PROJECTS AND STATE CAPITAL CONSTRUCTION PROJECTS,
INCLUDING PROJECTS AT STATE INSTITUTIONS OF HIGHER EDUCATION, IN
ALL AREAS OF THE STATE HAVE BEEN DELAYED, AND THE STATE HAS ALSO
DELAYED CRITICAL CONTROLLED MAINTENANCE AND UPKEEP OF STATE
CAPITAL ASSETS;
(b) BY ISSUING LEASE-PURCHASE AGREEMENTS USING STATE
BUILDINGS AS COLLATERAL AS AUTHORIZED BY THIS PART 13, THE STATE
CAN GENERATE SUFFICIENT FUNDS TO ACCELERATE THE COMPLETION OF
MANY OF THE NECESSARY HIGH-PRIORITY STATE HIGHWAY PROJECTS AND
CAPITAL CONSTRUCTION PROJECTS THAT HAVE BEEN DELAYED AND
BETTER MAINTAIN AND PRESERVE EXISTING STATE CAPITAL ASSETS;
(c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT:
(I) A MAJORITY OF THE ADDITIONAL FUNDING FOR STATE CAPITAL
CONSTRUCTION PROJECTS REALIZED FROM ISSUING LEASE-PURCHASE
AGREEMENTS BE USED FOR RENOVATION AND RENEWAL PROJECTS; AND
(II) MORE OF THE STATE'S EXISTING CAPITAL CONSTRUCTION
FUNDING BE DEDICATED TO CONTROLLED MAINTENANCE AND UPKEEP OF
STATE CAPITAL ASSETS.
24-82-1302. Definitions. AS USED IN THIS PART 13, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "ELIGIBLE STATE FACILITY" MEANS ANY FINANCIALLY
UNENCUMBERED BUILDING, STRUCTURE, OR FACILITY THAT IS OWNED BY
THE STATE, INCLUDING A BUILDING, STRUCTURE, OR FACILITY
DETERMINED TO BE ELIGIBLE BY A GOVERNING BOARD OF A STATE
INSTITUTION OF HIGHER EDUCATION.
(2) "CAPITAL CONSTRUCTION" HAS THE SAME MEANING AS SET
FORTH IN SECTION 24-30-1301 (2).
(3) "CONTROLLED MAINTENANCE" HAS THE SAME MEANING AS
SET FORTH IN SECTION 24-30-1301 (4).
(4) "STATE INSTITUTION OF HIGHER EDUCATION" MEANS A STATE
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102
(10), AND THE AURARIA HIGHER EDUCATION CENTER CREATED IN ARTICLE
70 OF TITLE 23.
24-82-1303. Lease-purchase agreements for capital
construction and transportation projects. (1) ON OR BEFORE
DECEMBER 31, 2017, THE STATE ARCHITECT, THE DIRECTOR OF THE
OFFICE OF STATE PLANNING AND BUDGETING OR HIS OR HER DESIGNEE,
AND THE STATE INSTITUTIONS OF HIGHER EDUCATION SHALL IDENTIFY
AND PREPARE A COLLABORATIVE LIST OF ELIGIBLE STATE FACILITIES THAT
CAN BE COLLATERALIZED AS PART OF THE LEASE-PURCHASE AGREEMENTS
FOR CAPITAL CONSTRUCTION AND TRANSPORTATION PROJECTS
AUTHORIZED IN THIS PART 13. THE TOTAL CURRENT REPLACEMENT VALUE
OF THE IDENTIFIED BUILDINGS MUST EQUAL AT LEAST ONE BILLION SEVEN
HUNDRED MILLION DOLLARS.
(2) (a) NOTWITHSTANDING THE PROVISIONS OF SECTIONS
24-82-102 (1)(b) AND 24-82-801, AND PURSUANT TO SECTION 24-36-121,
NO SOONER THAN JULY 1, 2018, THE STATE, ACTING BY AND THROUGH
THE STATE TREASURER, SHALL EXECUTE LEASE-PURCHASE AGREEMENTS
EACH FOR NO MORE THAN TWENTY YEARS OF ANNUAL PAYMENTS FOR THE
PROJECTS DESCRIBED IN SUBSECTION (5) OF THIS SECTION. A STATE
INSTITUTION OF HIGHER EDUCATION MAY EITHER CONTRIBUTE THE FULL
AMOUNT OF ITS SHARE OF THE COST OF THE PROJECT, AS DESCRIBED IN
SUBSECTION (3) OF THIS SECTION, AT THE COMMENCEMENT OF THE
PROJECT OR MAY HAVE ITS SHARE OF THE COST OF THE PROJECT INCLUDED
IN THE LEASE-PURCHASE AGREEMENT.
(b) THE ANTICIPATED ANNUAL STATE-FUNDED PAYMENTS FOR THE
PRINCIPAL AND INTEREST COMPONENTS OF THE AMOUNT PAYABLE UNDER
ALL LEASE-PURCHASE AGREEMENTS ENTERED INTO SHALL NOT EXCEED
ONE HUNDRED TWENTY-FIVE MILLION DOLLARS.
(c) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER,
AT THE STATE TREASURER'S SOLE DISCRETION, MAY ENTER INTO ONE OR
MORE LEASE-PURCHASE AGREEMENTS AUTHORIZED BY SUBSECTION (2)(a)
OF THIS SECTION WITH ANY FOR-PROFIT OR NONPROFIT CORPORATION,
TRUST, OR COMMERCIAL BANK AS A TRUSTEE AS THE LESSOR.
(d) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION SHALL PROVIDE THAT ALL OF THE
OBLIGATIONS OF THE STATE UNDER THE AGREEMENT ARE SUBJECT TO THE
ACTION OF THE GENERAL ASSEMBLY IN ANNUALLY MAKING MONEY
AVAILABLE FOR ALL PAYMENTS THEREUNDER. PAYMENTS UNDER ANY
LEASE-PURCHASE AGREEMENT MUST BE MADE, SUBJECT TO ANNUAL
ALLOCATION PURSUANT TO SECTION 43-1-113 BY THE TRANSPORTATION
COMMISSION CREATED IN SECTION 43-1-106 (1) OR SUBJECT TO ANNUAL
APPROPRIATION BY THE GENERAL ASSEMBLY, AS APPLICABLE, FROM THE
FOLLOWING SOURCES OF MONEY:
(I) THE CAPITAL CONSTRUCTION LEASE-PURCHASE AGREEMENT
CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION;
(II) AN ANNUAL AMOUNT EQUAL TO THE PERCENTAGE OF THE
TOTAL ANNUAL PAYMENTS ATTRIBUTABLE TO THE EXECUTED LEASE
PURCHASE AGREEMENTS CREDITED TO THE STATE HIGHWAY FUND AS
SPECIFIED IN SUBSECTION (5)(a) OF THIS SECTION, OR ANY LESSER
AMOUNT THAT IS SUFFICIENT TO MAKE A FULL PAYMENT, FROM ANY
LEGALLY AVAILABLE MONEY UNDER THE CONTROL OF THE
TRANSPORTATION COMMISSION; AND
(III) THE REMAINDER OF THE AMOUNT NEEDED, IN ADDITION TO
THE AMOUNT SPECIFIED IN SUBSECTION (2)(d)(I) OF THIS SECTION, TO
MAKE THE FULL PAYMENT FROM THE GENERAL FUND OR ANY OTHER
LEGALLY AVAILABLE SOURCE OF MONEY.
(e) EACH AGREEMENT MUST ALSO PROVIDE THAT THE
OBLIGATIONS OF THE STATE DO NOT CREATE STATE DEBT WITHIN THE
MEANING OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION. IF THE STATE DOES NOT RENEW
A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY SUBSECTION
(2)(a) OF THIS SECTION, THE SOLE SECURITY AVAILABLE TO THE LESSOR
IS THE PROPERTY THAT IS THE SUBJECT OF THE NONRENEWED
LEASE-PURCHASE AGREEMENT.
(f) A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY
SUBSECTION (2)(a) OF THIS SECTION MAY CONTAIN SUCH TERMS,
PROVISIONS, AND CONDITIONS AS THE STATE TREASURER, ACTING ON
BEHALF OF THE STATE, DEEMS APPROPRIATE, INCLUDING ALL OPTIONAL
TERMS; EXCEPT THAT EACH LEASE-PURCHASE AGREEMENT MUST
SPECIFICALLY AUTHORIZE THE STATE OR THE GOVERNING BOARD OF THE
APPLICABLE STATE INSTITUTION OF HIGHER EDUCATION TO RECEIVE FEE
TITLE TO ALL REAL AND PERSONAL PROPERTY THAT IS THE SUBJECT OF
THE LEASE-PURCHASE AGREEMENT ON OR BEFORE THE EXPIRATION OF THE
TERMS OF THE AGREEMENT.
(g) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION MAY PROVIDE FOR THE ISSUANCE,
DISTRIBUTION, AND SALE OF INSTRUMENTS EVIDENCING RIGHTS TO
RECEIVE RENTALS AND OTHER PAYMENTS MADE AND TO BE MADE UNDER
THE LEASE-PURCHASE AGREEMENT. THE INSTRUMENTS MAY BE ISSUED,
DISTRIBUTED, OR SOLD ONLY BY THE LESSOR OR ANY PERSON DESIGNATED
BY THE LESSOR AND NOT BY THE STATE. THE INSTRUMENTS DO NOT
CREATE A RELATIONSHIP BETWEEN THE PURCHASERS OF THE
INSTRUMENTS AND THE STATE OR CREATE ANY OBLIGATION ON THE PART
OF THE STATE TO THE PURCHASERS. THE INSTRUMENTS ARE NOT NOTES,
BONDS, OR ANY OTHER EVIDENCE OF STATE DEBT WITHIN THE MEANING
OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(h) INTEREST PAID UNDER A LEASE-PURCHASE AGREEMENT
AUTHORIZED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,
INCLUDING INTEREST REPRESENTED BY THE INSTRUMENTS, IS EXEMPT
FROM COLORADO INCOME TAX.
(i) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER
AND THE GOVERNING BOARDS OF THE INSTITUTIONS OF HIGHER
EDUCATION, IS AUTHORIZED TO ENTER INTO ANCILLARY AGREEMENTS
AND INSTRUMENTS THAT ARE NECESSARY OR APPROPRIATE IN
CONNECTION WITH A LEASE-PURCHASE AGREEMENT, INCLUDING BUT NOT
LIMITED TO DEEDS, GROUND LEASES, SUB-LEASES, EASEMENTS, OR OTHER
INSTRUMENTS RELATING TO THE REAL PROPERTY ON WHICH THE
FACILITIES ARE LOCATED.
(j) THE PROVISIONS OF SECTION 24-30-202 (5)(b) DO NOT APPLY
TO A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY OR TO
ANY ANCILLARY AGREEMENT OR INSTRUMENT ENTERED INTO PURSUANT
TO THIS SUBSECTION (2). THE STATE CONTROLLER OR HIS OR HER
DESIGNEE SHALL WAIVE ANY PROVISION OF THE FISCAL RULES
PROMULGATED PURSUANT TO SECTION 24-30-202 (1) AND (13), THAT THE
STATE CONTROLLER FINDS INCOMPATIBLE OR INAPPLICABLE WITH
RESPECT TO A LEASE-PURCHASE AGREEMENT OR AN ANCILLARY
AGREEMENT OR INSTRUMENT.
(3) A STATE INSTITUTION OF HIGHER EDUCATION, BUT NOT THE
STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL
EDUCATION, SHALL TRANSFER TO THE STATE TREASURER TWENTY
PERCENT OF THE TOTAL PROJECT COST OF ANY NEW CAPITAL
CONSTRUCTION PROJECT THAT RECEIVES FUNDING THROUGH THIS PART 13
WITHOUT AN APPROPRIATION FROM THE GENERAL ASSEMBLY. THE STATE
TREASURER SHALL CREDIT ANY MONEY RECEIVED PURSUANT TO THIS
SUBSECTION (3) TO THE CAPITAL CONSTRUCTION LEASE-PURCHASE
AGREEMENT CASH FUND, REFERRED TO IN THIS SUBSECTION (3) AS THE
"FUND", WHICH IS HEREBY CREATED IN THE STATE TREASURY. MONEY IN
THE FUND IS CONTINUOUSLY APPROPRIATED TO THE STATE TREASURER TO
MAKE PAYMENTS ON LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION. ALL INTEREST AND
INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE
FUND IS CREDITED TO THE FUND.
(4) (a) BEFORE EXECUTING A LEASE-PURCHASE AGREEMENT
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, IN ORDER TO PROTECT
AGAINST FUTURE INTEREST RATE INCREASES, THE STATE, ACTING BY AND
THROUGH THE STATE TREASURER AND AT THE DISCRETION OF THE STATE
TREASURER, MAY ENTER INTO AN INTEREST RATE EXCHANGE AGREEMENT
PURSUANT TO ARTICLE 59.3 OF TITLE 11. A LEASE-PURCHASE AGREEMENT
EXECUTED AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION IS A
PROPOSED PUBLIC SECURITY FOR THE PURPOSES OF ARTICLE 59.3 OF TITLE
11. ANY PAYMENTS MADE BY THE STATE UNDER AN AGREEMENT ENTERED
INTO PURSUANT TO THIS SUBSECTION (4) MUST BE MADE SOLELY FROM
MONEY MADE AVAILABLE TO THE STATE TREASURER FROM THE
EXECUTION OF A LEASE-PURCHASE AGREEMENT, FROM MONEY DESCRIBED
IN SUBSECTIONS (2)(d)(I), (2)(d)(II), AND (2)(d)(III) OF THIS SECTION, OR
FROM MONEY IN THE CAPITAL CONSTRUCTION LEASE-PURCHASE
AGREEMENT CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION.
(b) ANY AGREEMENT ENTERED INTO PURSUANT TO THIS
SUBSECTION (4) MUST ALSO PROVIDE THAT THE OBLIGATIONS OF THE
STATE DO NOT CREATE STATE DEBT WITHIN THE MEANING OF ANY
PROVISION OF THE STATE CONSTITUTION OR STATE LAW CONCERNING OR
LIMITING THE CREATION OF STATE DEBT AND ARE NOT A MULTIPLE
FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(c) ANY MONEY RECEIVED BY THE STATE UNDER AN AGREEMENT
ENTERED INTO PURSUANT TO THIS SUBSECTION (4) SHALL BE USED TO
MAKE PAYMENTS ON LEASE-PURCHASE AGREEMENTS ENTERED INTO
PURSUANT TO SUBSECTION (2) OF THIS SECTION OR TO PAY THE COSTS OF
THE PROJECT FOR WHICH A LEASE-PURCHASE AGREEMENT WAS EXECUTED.
(5) PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION SHALL BE USED AS
FOLLOWS:
(a) SEVENTY-SIX AND FIVE-TENTHS PERCENT OF THE PROCEEDS
SHALL BE CREDITED TO THE STATE HIGHWAY FUND CREATED IN SECTION
43-1-219 AND USED BY THE DEPARTMENT OF TRANSPORTATION IN
ACCORDANCE WITH SECTION 43-4-206 (1)(b)(V); AND
(b) TWENTY-THREE AND FIVE-TENTHS PERCENT OF THE PROCEEDS
SHALL BE USED FOR CONTROLLED MAINTENANCE AND CAPITAL
CONSTRUCTION PROJECTS IN THE STATE AS FOLLOWS:
(I) THIRTEEN MILLION SIX THOUSAND EIGHTY-ONE DOLLARS FOR
LEVEL I CONTROLLED MAINTENANCE;
(II) SIXTY MILLION SIX HUNDRED THIRTY-SEVEN THOUSAND
THREE HUNDRED FIVE DOLLARS FOR LEVEL II CONTROLLED
MAINTENANCE;
(III) FORTY MILLION TWO HUNDRED NINE THOUSAND FIVE
HUNDRED THIRTY-FIVE DOLLARS FOR LEVEL III CONTROLLED
MAINTENANCE; AND
(IV) THE REMAINDER FOR CAPITAL CONSTRUCTION PROJECTS AS
PRIORITIZED BY THE CAPITAL DEVELOPMENT COMMITTEE. THE CAPITAL
DEVELOPMENT COMMITTEE SHALL POST THE FINAL PRIORITIZED LIST ON
THE COMMITTEE'S WEBSITE AND FORWARD THE LIST TO THE OFFICE OF
STATE PLANNING AND BUDGETING, THE STATE INSTITUTIONS OF HIGHER
EDUCATION, AND THE STATE TREASURER NO LATER THAN NOVEMBER 1,
2017.
SECTION 6. In Colorado Revised Statutes, 23-1-106, amend
(10.2)(a)(I) and (10.2)(a)(II); and add (10.2)(a)(III) as follows:
23-1-106. Duties and powers of the commission with respect
to capital construction and long-range planning - legislative
declaration - definitions. (10.2) (a) (I) Notwithstanding any law to the
contrary AND EXCEPT AS PROVIDED IN SUBSECTION (10.2)(a)(III) OF THIS
SECTION, all academic facilities acquired or constructed, or an auxiliary
facility repurposed for use as an academic facility, solely from cash funds
held by the state institution of higher education and operated and
maintained from such cash funds or from state moneys appropriated for
such purpose, or both, including, but not limited to, those facilities
described in paragraph (b) of subsection (9) SUBSECTION (9)(b) of this
section, that did not previously qualify for state controlled maintenance
funding will qualify for state controlled maintenance funding, subject to
funding approval by the capital development committee and the
eligibility guidelines described in section 24-30-1303.9. C.R.S.
(II) For purposes of this paragraph (a) SUBSECTION (10.2)(a), the
eligibility for state controlled maintenance funding commences on the
date of the acceptance of the construction or repurposing of the facility
or the closing date of any acquisition. The date of the acceptance of
construction or repurposing shall be determined by the office of the state
architect.
(III) IF AN ACADEMIC FACILITY IS ACQUIRED OR CONSTRUCTED, OR
IF AN AUXILIARY FACILITY IS REPURPOSED FOR USE AS AN ACADEMIC
FACILITY, SOLELY FROM CASH FUNDS HELD BY THE STATE INSTITUTION OF
HIGHER EDUCATION AND OPERATED AND MAINTAINED FROM SUCH CASH
FUNDS, THEN AS OF THE DATE OF THE ACCEPTANCE OF CONSTRUCTION OR
REPURPOSING THAT OCCURS ON OR AFTER JULY 1, 2018, SUCH FACILITY
IS NOT ELIGIBLE FOR CONTROLLED MAINTENANCE FUNDING.
SECTION 7. In Colorado Revised Statutes, 24-30-1303.9,
amend (7)(a)(II), (7)(a)(III), and (7)(a)(IV); and add (7)(a)(V) as
follows:
24-30-1303.9. Eligibility for state controlled maintenance
funding - legislative declaration. (7) (a) Controlled maintenance funds
may not be used for:
(II) Auxiliary facilities as defined in section 23-1-106 (10.3);
C.R.S.;
(III) Leasehold interests in real property; or
(IV) Any work properly categorized as capital construction; OR
(V) FACILITIES DESCRIBED IN SECTION 23-1-106 (10.2)(a)(III).
SECTION 8. In Colorado Revised Statutes, 25.5-4-301, amend
(1)(a)(I) and (1)(a)(II); and add (1)(a)(II.3) as follows:
25.5-4-301. Recoveries - overpayments - penalties - interest -
adjustments - liens - review or audit procedures. (1) (a) (I) Except as
provided in section 25.5-4-302 and subparagraph (III) of this paragraph
(a), no SUBSECTION (1)(a)(III) OF THIS SECTION, A recipient or estate of
the recipient shall be IS NOT liable for the cost or the cost remaining after
payment by medicaid, medicare, or a private insurer of medical benefits
authorized by Title XIX of the social security act, by this title TITLE 25.5,
or by rules promulgated by the state board, which FOR benefits are
rendered to the recipient by a provider of medical services WHO IS
ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM AND authorized to
render such THE service in the state of Colorado, except FOR those
contributions required pursuant to section 25.5-4-209 (1). However, a
recipient may enter into a documented agreement with a provider WHO
IS ENROLLED IN THE MEDICAL ASSISTANCE PROGRAM under which the
recipient agrees to pay for items or services that are nonreimbursable
under the medical assistance program. Under these circumstances, a
recipient is liable for the cost of such THOSE services and items.
(II) The provisions of subparagraph (I) of this paragraph (a) shall
SUBSECTION (1)(a)(I) OF THIS SECTION apply regardless of whether
medicaid has actually reimbursed the provider. and regardless of whether
the provider is enrolled in the Colorado medical assistance program.
(II.3) IF A PROVIDER WHO IS NOT ENROLLED IN THE MEDICAL
ASSISTANCE PROGRAM PROVIDES MEDICAL SERVICES TO A RECIPIENT
THAT WOULD BE REIMBURSABLE UNDER THE MEDICAL ASSISTANCE
PROGRAM IF THE PROVIDER WERE AN ENROLLED PROVIDER, PRIOR TO
PROVIDING MEDICAL SERVICES, THE NONENROLLED PROVIDER SHALL
ENTER INTO A WRITTEN AGREEMENT WITH THE RECIPIENT. THE
AGREEMENT MUST SET FORTH THE SPECIFIC MEDICAL SERVICES PROVIDED,
THE USUAL AND CUSTOMARY COST FOR THE SERVICES, THE COST TO THE
RECIPIENT FOR THE SERVICES PROVIDED, AND THE TERMS OF PAYMENT BY
THE CLIENT. THE AGREEMENT MUST ALSO INCLUDE THE STATEMENT THAT
THE RECIPIENT UNDERSTANDS THAT HE OR SHE WOULD NOT BE LIABLE FOR
THE COST OF REIMBURSABLE MEDICAL SERVICES IF THE RECIPIENT
OBTAINED THE SERVICES FROM AN ENROLLED PROVIDER. THE AGREEMENT
MUST BE SIGNED AND DATED BY BOTH THE RECIPIENT AND THE
NONENROLLED PROVIDER. UNDER THESE CIRCUMSTANCES, THE RECIPIENT
IS LIABLE FOR THE COST OF THE MEDICAL SERVICES.".

Renumber succeeding sections accordingly.

Page 21, line 15, strike "17-_____," and substitute "17-267,".

Page 22, line 9, strike "17-_____," and substitute "17-267,".

Page 26, line 16, strike "17-_____," and substitute "17-267,".

Page 45, line 24, strike "17-_____," and substitute "17-267,".

Page 46, line 4, strike "17-_____," and substitute "17-267,".

Page 51, line 18, strike "of" and substitute "for".

Page 51, line 20, strike "OF" and substitute "FOR".

Page 51, line 27, strike "OF" and substitute "FOR".

Page 54, strike lines 6 through 8 and substitute "for the same. ANY
PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS REQUIRED BY
SECTION 24-82-1303 (2)(a) THAT ARE CREDITED TO THE STATE HIGHWAY
FUND PURSUANT TO SECTION 24-82-1303 (5)(a) SHALL BE USED".

Page 55, strike lines 3 through 5 and substitute: "AND, BEGINNING IN
2018, ANY PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SECTION 24-82-1303 (2)(a) THAT ARE CREDITED TO THE
STATE HIGHWAY FUND PURSUANT TO SECTION 24-82-1303 (5)(a) AND".

Page 56, line 18, strike "6 through 15, 17, and 18" and substitute "9
through 18, 20, and 21".

Page 56, line 20, strike "6 through 15, 17, and 18" and substitute "9
through 18, 20, and 21".


Finance

Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-267 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Strike the Finance Committee Report, dated April 11, 2017.

Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. Legislative declaration. (1) The general
assembly hereby finds and declares that:
(a) In comparison to the urban and suburban areas of the state,
rural Colorado, on average and with some exceptions, faces complex
demographic, economic, and geographical challenges including:
(I) An older population that requires more medical care;
(II) Less robust and diverse economic activity and associated
lower average wages and household incomes; and
(III) Greater challenges, due to distance and less adequate
transportation infrastructure, in accessing critical services such as health
care; and
(b) The purpose of this legislation is to ensure and perpetuate the
sustainability of rural Colorado by addressing some of these
demographic, economic, and geographical challenges and by such other
means as the general assembly, in its considered judgment, finds
necessary and appropriate.
(2) The general assembly further finds and declares that the
sustainability of rural Colorado is directly connected to the economic
vitality of the state as a whole, and that all of the provisions of this act,
including provisions that on their face apply to and affect all areas of the
state but that especially benefit rural Colorado, relate to and serve and are
necessarily and properly connected to the general assembly's purpose of
ensuring and perpetuating the sustainability of rural Colorado.
SECTION 2. In Colorado Revised Statutes, amend 2-3-119 as
follows:
2-3-119. Audit of healthcare affordability and sustainability
fee - cost shift. Starting with the second full state fiscal year following
the receipt of the notice from the executive director of the department of
health care policy and financing pursuant to section 25.5-4-402.3 (7),
C.R.S., and thereafter At the discretion of the legislative audit committee,
the state auditor shall conduct or cause to be conducted a performance
and fiscal audit of the hospital provider HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY fee established pursuant to section 25.5-4-402.3,
C.R.S. SECTION 25.5-4-402.4.
SECTION 3. In Colorado Revised Statutes, 2-3-1203, repeal
(8)(a)(V) as follows:
2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal. (8) (a) The following statutory
authorizations for the designated advisory committees will repeal on July
1, 2019:
(V) The hospital provider fee oversight and advisory board
created in section 25.5-4-402.3, C.R.S.;
SECTION 4. In Colorado Revised Statutes, add 22-54-139 as
follows:
22-54-139. Additional funding for schools - use of retail
marijuana sales tax revenue transferred to state public school fund
- definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "LARGE RURAL DISTRICT" MEANS A DISTRICT IN COLORADO
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON
THE GEOGRAPHIC SIZE OF THE DISTRICT AND THE DISTANCE OF THE
DISTRICT FROM THE NEAREST LARGE, URBANIZED AREA, AND THAT HAD
A FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF ONE THOUSAND
PUPILS OR MORE BUT FEWER THAN SIX THOUSAND FIVE HUNDRED PUPILS.
(b) "PER PUPIL DISTRIBUTION AMOUNT" MEANS:
(I) FOR A LARGE RURAL DISTRICT, AN AMOUNT EQUAL TO THIRTY
MILLION DOLLARS MULTIPLIED BY THE PERCENTAGE SPECIFIED IN
SUBSECTION (2)(a) OF THIS SECTION AND THEN DIVIDED BY THE SUM OF
THE TOTAL FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF ALL
LARGE RURAL DISTRICTS; AND
(II) FOR A SMALL RURAL DISTRICT, AN AMOUNT EQUAL TO THIRTY
MILLION DOLLARS MULTIPLIED BY THE PERCENTAGE SPECIFIED IN
SUBSECTION (2)(b) OF THIS SECTION AND THEN DIVIDED BY THE SUM OF
THE TOTAL FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF ALL
SMALL RURAL DISTRICTS;
(c) "SMALL RURAL DISTRICT" MEANS A DISTRICT IN COLORADO
THAT THE DEPARTMENT OF EDUCATION DETERMINES IS RURAL, BASED ON
THE GEOGRAPHIC SIZE OF THE DISTRICT AND THE DISTANCE OF THE
DISTRICT FROM THE NEAREST LARGE, URBANIZED AREA, AND THAT HAD
A FUNDED PUPIL COUNT FOR THE PRIOR BUDGET YEAR OF FEWER THAN
ONE THOUSAND PUPILS.
(2) FOR THE 2017-18 BUDGET YEAR, ALL OF THE GROSS RETAIL
MARIJUANA SALES TAX PROCEEDS TRANSFERRED FROM THE GENERAL
FUND TO THE STATE PUBLIC SCHOOL FUND CREATED IN SECTION
22-54-114 (1) AS REQUIRED BY SECTION 39-28.8-203 (1)(b)(I.3)(B) IS
APPROPRIATED FROM THE STATE PUBLIC SCHOOL FUND TO THE
DEPARTMENT FOR MONTHLY DISTRIBUTION TO EACH LARGE RURAL
DISTRICT AND EACH SMALL RURAL DISTRICT FOR THE PURPOSE OF
IMPROVING STUDENT LEARNING AND THE EDUCATIONAL ENVIRONMENT,
INCLUDING BUT NOT LIMITED TO LOAN FORGIVENESS FOR EDUCATORS AND
STAFF, TECHNOLOGY, AND TRANSPORTATION, AS FOLLOWS:
(a) FIFTY-FIVE PERCENT OF THE MONEY IS ALLOCATED TO LARGE
RURAL DISTRICTS AND DISTRIBUTED TO EACH LARGE RURAL DISTRICT IN
AN AMOUNT EQUAL TO THE PER PUPIL DISTRIBUTION AMOUNT MULTIPLIED
BY THE LARGE RURAL DISTRICT'S FUNDED PUPIL COUNT FOR THE PRIOR
BUDGET YEAR FOR PROPORTIONAL APPORTIONMENT TO EVERY SCHOOL IN
THE DISTRICT BASED ON THE NUMBER OF STUDENTS ENROLLED IN EACH
SCHOOL FOR THE PRIOR BUDGET YEAR; AND
(b) FORTY-FIVE PERCENT OF THE MONEY IS ALLOCATED TO SMALL
RURAL SCHOOL DISTRICTS AND DISTRIBUTED TO EACH SMALL RURAL
DISTRICT IN AN AMOUNT EQUAL TO THE PER PUPIL DISTRIBUTION AMOUNT
MULTIPLIED BY THE SMALL RURAL DISTRICT'S FUNDED PUPIL COUNT FOR
THE PRIOR BUDGET YEAR FOR PROPORTIONAL APPORTIONMENT TO EVERY
SCHOOL IN THE DISTRICT BASED ON THE NUMBER OF STUDENTS ENROLLED
IN EACH SCHOOL FOR THE PRIOR BUDGET YEAR.
(3) FOR THE 2018-19 BUDGET YEAR AND FOR EACH BUDGET YEAR
THEREAFTER, ALL OF THE GROSS RETAIL MARIJUANA SALES TAX
PROCEEDS TRANSFERRED FROM THE GENERAL FUND TO THE STATE PUBLIC
SCHOOL FUND CREATED IN SECTION 22-54-114 (1) AS REQUIRED BY
SECTION 39-28.8-203 (1)(b)(I.5)(B) IS APPROPRIATED FROM THE STATE
PUBLIC SCHOOL FUND TO THE DEPARTMENT TO MEET THE STATE'S SHARE
OF THE TOTAL PROGRAM OF ALL DISTRICTS AND FUNDING FOR INSTITUTE
CHARTER SCHOOLS.
SECTION 5. In Colorado Revised Statutes, 23-1-106, amend
(10.2)(a) as follows:
23-1-106. Duties and powers of the commission with respect
to capital construction and long-range planning - legislative
declaration - definitions. (10.2) (a) (I) Notwithstanding any law to the
contrary AND EXCEPT AS PROVIDED IN SUBSECTION (10.2)(a)(III) OF THIS
SECTION, all academic facilities acquired or constructed, or an auxiliary
facility repurposed for use as an academic facility, solely from cash funds
held by the state institution of higher education and operated and
maintained from such cash funds or from state moneys MONEY
appropriated for such purpose, or both, including, but not limited to,
those facilities described in paragraph (b) of subsection (9) SUBSECTION
(9)(b) of this section, that did not previously qualify for state controlled
maintenance funding will qualify for state controlled maintenance
funding, subject to funding approval by the capital development
committee and the eligibility guidelines described in section
24-30-1303.9. C.R.S.
(II) For purposes of this paragraph (a) SUBSECTION (10.2)(a), the
eligibility for state controlled maintenance funding commences on the
date of the acceptance of the construction or repurposing of the facility
or the closing date of any acquisition. The date of the acceptance of
construction or repurposing shall be determined by the office of the state
architect.
(III) IF AN ACADEMIC FACILITY IS ACQUIRED OR CONSTRUCTED, OR
IF AN AUXILIARY FACILITY IS REPURPOSED FOR USE AS AN ACADEMIC
FACILITY, SOLELY FROM CASH FUNDS HELD BY THE STATE INSTITUTION OF
HIGHER EDUCATION AND OPERATED AND MAINTAINED FROM SUCH CASH
FUNDS, THEN AS OF THE DATE OF THE ACCEPTANCE OF CONSTRUCTION OR
REPURPOSING THAT OCCURS ON OR AFTER JULY 1, 2018, THE FACILITY IS
NOT ELIGIBLE FOR CONTROLLED MAINTENANCE FUNDING.
SECTION 6. In Colorado Revised Statutes, 24-1-119.5, add (9)
as follows:
24-1-119.5. Department of health care policy and financing
- creation. (9) THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE CREATED IN SECTION 25.5-4-402.4 (3) SHALL
EXERCISE ITS POWERS AND PERFORM ITS DUTIES AND FUNCTIONS AS IF THE
SAME WERE TRANSFERRED BY A TYPE 2 TRANSFER, AS DEFINED IN
SECTION 24-1-105, TO THE DEPARTMENT OF HEALTH CARE POLICY AND
FINANCING. SECTION 7. In Colorado Revised Statutes, 24-4-103,
amend (8)(c)(I) as follows:
24-4-103. Rule-making - procedure - definitions - repeal.
(8) (c) (I) Notwithstanding any other provision of law to the contrary and
the provisions of section 24-4-107, all rules adopted or amended on or
after January 1, 1993, and before November 1, 1993, shall expire at
11:59 p.m. on May 15 of the year following their adoption unless the
general assembly by bill acts to postpone the expiration of a specific rule,
and commencing with rules adopted or amended on or after November
1, 1993, all rules adopted or amended during any one-year period that
begins each November 1 and continues through the following October
31 shall expire at 11:59 p.m. on the May 15 that follows such one-year
period unless the general assembly by bill acts to postpone the expiration
of a specific rule; except that a rule adopted pursuant to section
25.5-4-402.3 (5) (b) (III), C.R.S., shall expire SECTION 25.5-4-402.4
(6)(b)(III) EXPIRES at 11:59 p.m. on the May 15 following the adoption
of the rule unless the general assembly acts by bill to postpone the
expiration of a specific rule. The general assembly, in its discretion, may
postpone such expiration, in which case, the provisions of section
24-4-108 or 24-34-104 shall apply, and the rules shall expire or be ARE
subject to review as provided in said THOSE sections. The postponement
of the expiration of a rule shall DOES not constitute legislative approval
of the rule nor be AND IS NOT admissible in any court as evidence of
legislative intent. The postponement of the expiration date of a specific
rule shall DOES not prohibit any action by the general assembly pursuant
to the provisions of paragraph (d) of this subsection (8) SUBSECTION
(8)(d) OF THIS SECTION with respect to such THE rule.
SECTION 8. In Colorado Revised Statutes, 24-30-1303.9,
amend (7)(a)(II), (7)(a)(III), and (7)(a)(IV); and add (7)(a)(V) as
follows:
24-30-1303.9. Eligibility for state controlled maintenance
funding - legislative declaration. (7) (a) Controlled maintenance funds
may not be used for:
(II) Auxiliary facilities as defined in section 23-1-106 (10.3);
C.R.S.;
(III) Leasehold interests in real property; or
(IV) Any work properly categorized as capital construction; OR
(V) FACILITIES DESCRIBED IN SECTION 23-1-106 (10.2)(a)(III).
SECTION 9. In Colorado Revised Statutes, add 24-37-305 as
follows:
24-37-305. 2018-19 fiscal year - required reductions in
departmental and executive branch budget requests. (1) (a) EXCEPT
AS OTHERWISE PROVIDED IN SUBSECTION (1)(b) OF THIS SECTION, FOR THE
2018-19 BUDGET YEAR, EACH PRINCIPAL DEPARTMENT OF STATE
GOVERNMENT THAT SUBMITS A BUDGET REQUEST TO THE OFFICE OF STATE
PLANNING AND BUDGETING SHALL REQUEST, WHEN SUBMITTING THE
BUDGET REQUEST, A TOTAL BUDGET FOR THE DEPARTMENT THAT IS AT
LEAST TWO PERCENT LOWER THAN ITS ACTUAL BUDGET FOR THE 2017-18
FISCAL YEAR.
(b) THE REQUIREMENT SPECIFIED IN SUBSECTION (1)(a) OF THIS
SECTION DOES NOT APPLY TO THE DEPARTMENT OF EDUCATION CREATED
IN SECTION 24-1-115 (1) OR THE DEPARTMENT OF TRANSPORTATION
CREATED IN SECTION 24-1-128.7 (1).
(2) THE OFFICE OF STATE PLANNING AND BUDGETING SHALL
STRONGLY CONSIDER THE BUDGET REDUCTION PROPOSALS MADE BY EACH
PRINCIPAL DEPARTMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION
WHEN PREPARING THE ANNUAL EXECUTIVE BUDGET PROPOSALS TO THE
GENERAL ASSEMBLY FOR THE GOVERNOR AS REQUIRED BY SECTION
24-37-302 (1)(g) AND SHALL SEEK TO ENSURE, SUBJECT TO SECTION
24-37-303, THAT THE EXECUTIVE BUDGET PROPOSAL FOR EACH
DEPARTMENT IS AT LEAST TWO PERCENT LOWER THAN THE DEPARTMENT'S
ACTUAL BUDGET FOR THE 2017-18 FISCAL YEAR.
SECTION 10. In Colorado Revised Statutes, 24-75-219, repeal
as added by Senate Bill 17-262 (2)(c.3)(I) and (2)(c.7)(I) as follows:
24-75-219. Transfers - transportation - capital construction
- definitions. (2)(c.3) On June 30, 2019, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(c.7) On June 30, 2020, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
SECTION 11. In Colorado Revised Statutes, 24-77-103.6,
amend (6)(b)(I) as follows:
24-77-103.6. Retention of excess state revenues - general fund
exempt account - required uses - excess state revenues legislative
report. (6) As used in this section:
(b) (I) "Excess state revenues cap" for a given fiscal year means:
either of the following:
(A) If the voters of the state approve a ballot issue to authorize
the state to incur multiple-fiscal year obligations at the November 2005
statewide election, an amount that is equal to the highest total state
revenues for a fiscal year from the period of the 2005-06 fiscal year
through the 2009-10 fiscal year, adjusted each subsequent fiscal year for
inflation and the percentage change in state population, plus one hundred
million dollars, and adjusting such sum for the qualification or
disqualification of enterprises and debt service changes; or
(B) If the voters of the state do not approve a ballot issue to
authorize the state to incur multiple-fiscal year obligations at the
November 2005 statewide election, FOR EACH FISCAL YEAR UP TO AND
INCLUDING THE 2016-17 FISCAL YEAR, an amount that is equal to the
highest total state revenues for a fiscal year from the period of the
2005-06 fiscal year through the 2009-10 fiscal year, adjusted each
subsequent fiscal year for inflation, the percentage change in state
population, the qualification or disqualification of enterprises, and debt
service changes;
(C) FOR THE 2017-18 FISCAL YEAR, AN AMOUNT THAT IS EQUAL
TO THE EXCESS STATE REVENUES CAP FOR THE 2016-17 FISCAL YEAR
CALCULATED PURSUANT TO SUBSECTION (6)(b)(I)(B) OF THIS SECTION,
ADJUSTED FOR INFLATION, THE PERCENTAGE CHANGE IN STATE
POPULATION, THE QUALIFICATION OR DISQUALIFICATION OF ENTERPRISES,
AND DEBT SERVICE CHANGES, LESS TWO HUNDRED MILLION DOLLARS;
AND
(D) FOR THE 2018-19 FISCAL YEAR AND EACH SUCCEEDING FISCAL
YEAR, THE AMOUNT OF THE EXCESS STATE REVENUES CAP FOR THE
2017-18 FISCAL YEAR CALCULATED PURSUANT TO SUBSECTION
(6)(b)(I)(C) OF THIS SECTION, ADJUSTED EACH SUBSEQUENT FISCAL YEAR
FOR INFLATION, THE PERCENTAGE CHANGE IN STATE POPULATION, THE
QUALIFICATION OR DISQUALIFICATION OF ENTERPRISES, AND DEBT
SERVICE CHANGES.
SECTION 12. In Colorado Revised Statutes, add part 13 to
article 82 of title 24 as follows:

LEASE-PURCHASE AGREEMENTS FOR STATE PROPERTY
24-82-1301. Legislative declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) DUE TO INSUFFICIENT FUNDING, NECESSARY HIGH-PRIORITY
STATE HIGHWAY PROJECTS AND STATE CAPITAL CONSTRUCTION PROJECTS,
INCLUDING PROJECTS AT STATE INSTITUTIONS OF HIGHER EDUCATION, IN
ALL AREAS OF THE STATE HAVE BEEN DELAYED, AND THE STATE HAS ALSO
DELAYED CRITICAL CONTROLLED MAINTENANCE AND UPKEEP OF STATE
CAPITAL ASSETS;
(b) BY ISSUING LEASE-PURCHASE AGREEMENTS USING STATE
BUILDINGS AS COLLATERAL AS AUTHORIZED BY THIS PART 13, THE STATE
CAN GENERATE SUFFICIENT FUNDS TO ACCELERATE THE COMPLETION OF
MANY OF THE NECESSARY HIGH-PRIORITY STATE HIGHWAY PROJECTS AND
CAPITAL CONSTRUCTION PROJECTS THAT HAVE BEEN DELAYED AND
BETTER MAINTAIN AND PRESERVE EXISTING STATE CAPITAL ASSETS;
(c) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT A
MAJORITY OF THE ADDITIONAL FUNDING FOR STATE CAPITAL
CONSTRUCTION PROJECTS REALIZED FROM ISSUING LEASE-PURCHASE
AGREEMENTS BE USED FOR CONTROLLED MAINTENANCE AND UPKEEP OF
STATE CAPITAL ASSETS.
24-82-1302. Definitions. AS USED IN THIS PART 13, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "CAPITAL CONSTRUCTION" HAS THE SAME MEANING AS SET
FORTH IN SECTION 24-30-1301 (2).
(2) "CONTROLLED MAINTENANCE" HAS THE SAME MEANING AS
SET FORTH IN SECTION 24-30-1301 (4).
(3) "ELIGIBLE STATE FACILITY" MEANS ANY FINANCIALLY
UNENCUMBERED BUILDING, STRUCTURE, OR FACILITY THAT IS OWNED BY
THE STATE, INCLUDING A BUILDING, STRUCTURE, OR FACILITY
DETERMINED TO BE ELIGIBLE BY A GOVERNING BOARD OF A STATE
INSTITUTION OF HIGHER EDUCATION, AND DOES NOT INCLUDE ANY
BUILDING, STRUCTURE, OR FACILITY THAT IS PART OF THE STATE
EMERGENCY RESERVE FOR ANY STATE FISCAL YEAR AS DESIGNATED IN
THE ANNUAL GENERAL APPROPRIATION ACT.
(4) "STATE INSTITUTION OF HIGHER EDUCATION" MEANS A STATE
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-102
(10), AND THE AURARIA HIGHER EDUCATION CENTER CREATED IN ARTICLE
70 OF TITLE 23.
24-82-1303. Lease-purchase agreements for capital
construction and transportation projects. (1) ON OR BEFORE
DECEMBER 31, 2017, THE STATE ARCHITECT, THE DIRECTOR OF THE
OFFICE OF STATE PLANNING AND BUDGETING OR HIS OR HER DESIGNEE,
AND THE STATE INSTITUTIONS OF HIGHER EDUCATION SHALL IDENTIFY
AND PREPARE A COLLABORATIVE LIST OF ELIGIBLE STATE FACILITIES THAT
CAN BE COLLATERALIZED AS PART OF THE LEASE-PURCHASE AGREEMENTS
FOR CAPITAL CONSTRUCTION AND TRANSPORTATION PROJECTS
AUTHORIZED IN THIS PART 13. THE TOTAL CURRENT REPLACEMENT VALUE
OF THE IDENTIFIED BUILDINGS MUST EQUAL AT LEAST TWO BILLION
DOLLARS.
(2) (a) NOTWITHSTANDING THE PROVISIONS OF SECTIONS
24-82-102 (1)(b) AND 24-82-801, AND PURSUANT TO SECTION 24-36-121,
NO SOONER THAN JULY 1, 2018, THE STATE, ACTING BY AND THROUGH
THE STATE TREASURER, SHALL EXECUTE LEASE-PURCHASE AGREEMENTS,
EACH FOR NO MORE THAN TWENTY YEARS OF ANNUAL PAYMENTS, FOR
THE PROJECTS DESCRIBED IN SUBSECTION (4) OF THIS SECTION. THE STATE
SHALL EXECUTE THE LEASE-PURCHASE AGREEMENTS ONLY IN
ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(I) DURING THE 2018-19 STATE FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS;
(II) DURING THE 2019-20 STATE FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS;
(III) DURING THE 2020-21 STATE FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS; AND
(IV) DURING THE 2021-22 FISCAL YEAR, THE STATE SHALL
EXECUTE LEASE-PURCHASE AGREEMENTS IN AN AMOUNT UP TO FIVE
HUNDRED MILLION DOLLARS.
(b) THE ANTICIPATED ANNUAL STATE-FUNDED PAYMENTS FOR THE
PRINCIPAL AND INTEREST COMPONENTS OF THE AMOUNT PAYABLE UNDER
ALL LEASE-PURCHASE AGREEMENTS ENTERED INTO PURSUANT TO
SUBSECTION (2)(a) OF THIS SECTION SHALL NOT EXCEED ONE HUNDRED
FIFTY MILLION DOLLARS.
(c) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER,
AT THE STATE TREASURER'S SOLE DISCRETION, MAY ENTER INTO ONE OR
MORE LEASE-PURCHASE AGREEMENTS AUTHORIZED BY SUBSECTION (2)(a)
OF THIS SECTION WITH ANY FOR-PROFIT OR NONPROFIT CORPORATION,
TRUST, OR COMMERCIAL BANK AS A TRUSTEE AS THE LESSOR.
(d) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION SHALL PROVIDE THAT ALL OF THE
OBLIGATIONS OF THE STATE UNDER THE AGREEMENT ARE SUBJECT TO THE
ACTION OF THE GENERAL ASSEMBLY IN ANNUALLY MAKING MONEY
AVAILABLE FOR ALL PAYMENTS THEREUNDER. PAYMENTS UNDER ANY
LEASE-PURCHASE AGREEMENT MUST BE MADE, SUBJECT TO ANNUAL
ALLOCATION PURSUANT TO SECTION 43-1-113 BY THE TRANSPORTATION
COMMISSION CREATED IN SECTION 43-1-106 (1) OR SUBJECT TO ANNUAL
APPROPRIATION BY THE GENERAL ASSEMBLY, AS APPLICABLE, FROM THE
FOLLOWING SOURCES OF MONEY:
(I) FIRST, NINE MILLION DOLLARS ANNUALLY, OR ANY LESSER
AMOUNT THAT IS SUFFICIENT TO MAKE EACH FULL PAYMENT DUE, SHALL
BE PAID FROM THE GENERAL FUND OR ANY OTHER LEGALLY AVAILABLE
SOURCE OF MONEY FOR THE PURPOSE OF FULLY FUNDING THE
CONTROLLED MAINTENANCE AND CAPITAL CONSTRUCTION PROJECTS IN
THE STATE TO BE FUNDED WITH THE PROCEEDS OF LEASE-PURCHASE
AGREEMENTS AS SPECIFIED IN SUBSECTION (4)(a) OF THIS SECTION;
(II) NEXT, FIFTY MILLION DOLLARS ANNUALLY, OR ANY LESSER
AMOUNT THAT IS SUFFICIENT TO MAKE EACH FULL PAYMENT DUE, SHALL
BE PAID FROM ANY LEGALLY AVAILABLE MONEY UNDER THE CONTROL OF
THE TRANSPORTATION COMMISSION SOLELY FOR THE PURPOSE OF
ALLOWING THE CONSTRUCTION, SUPERVISION, AND MAINTENANCE OF
STATE HIGHWAYS TO BE FUNDED WITH THE PROCEEDS OF
LEASE-PURCHASE AGREEMENTS AS SPECIFIED IN SUBSECTION (4)(b) OF
THIS SECTION AND SECTION 43-4-206 (1)(b)(V); AND
(III) THE REMAINDER OF THE AMOUNT NEEDED, IN ADDITION TO
THE AMOUNTS SPECIFIED IN SUBSECTIONs (2)(d)(I) AND (2)(d)(II) OF THIS
SECTION, TO MAKE EACH FULL PAYMENT DUE SHALL BE PAID FROM THE
GENERAL FUND OR ANY OTHER LEGALLY AVAILABLE SOURCE OF MONEY.
(e) EACH AGREEMENT MUST ALSO PROVIDE THAT THE
OBLIGATIONS OF THE STATE DO NOT CREATE STATE DEBT WITHIN THE
MEANING OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION. IF THE STATE DOES NOT RENEW
A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY SUBSECTION
(2)(a) OF THIS SECTION, THE SOLE SECURITY AVAILABLE TO THE LESSOR
IS THE PROPERTY THAT IS THE SUBJECT OF THE NONRENEWED
LEASE-PURCHASE AGREEMENT.
(f) A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY
SUBSECTION (2)(a) OF THIS SECTION MAY CONTAIN SUCH TERMS,
PROVISIONS, AND CONDITIONS AS THE STATE TREASURER, ACTING ON
BEHALF OF THE STATE, DEEMS APPROPRIATE, INCLUDING ALL OPTIONAL
TERMS; EXCEPT THAT EACH LEASE-PURCHASE AGREEMENT MUST
SPECIFICALLY AUTHORIZE THE STATE OR THE GOVERNING BOARD OF THE
APPLICABLE STATE INSTITUTION OF HIGHER EDUCATION TO RECEIVE FEE
TITLE TO ALL REAL AND PERSONAL PROPERTY THAT IS THE SUBJECT OF
THE LEASE-PURCHASE AGREEMENT ON OR BEFORE THE EXPIRATION OF THE
TERMS OF THE AGREEMENT.
(g) ANY LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED
BY SUBSECTION (2)(a) OF THIS SECTION MAY PROVIDE FOR THE ISSUANCE,
DISTRIBUTION, AND SALE OF INSTRUMENTS EVIDENCING RIGHTS TO
RECEIVE RENTALS AND OTHER PAYMENTS MADE AND TO BE MADE UNDER
THE LEASE-PURCHASE AGREEMENT. THE INSTRUMENTS MAY BE ISSUED,
DISTRIBUTED, OR SOLD ONLY BY THE LESSOR OR ANY PERSON DESIGNATED
BY THE LESSOR AND NOT BY THE STATE. THE INSTRUMENTS DO NOT
CREATE A RELATIONSHIP BETWEEN THE PURCHASERS OF THE
INSTRUMENTS AND THE STATE OR CREATE ANY OBLIGATION ON THE PART
OF THE STATE TO THE PURCHASERS. THE INSTRUMENTS ARE NOT NOTES,
BONDS, OR ANY OTHER EVIDENCE OF STATE DEBT WITHIN THE MEANING
OF ANY PROVISION OF THE STATE CONSTITUTION OR STATE LAW
CONCERNING OR LIMITING THE CREATION OF STATE DEBT AND ARE NOT A
MULTIPLE FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(h) INTEREST PAID UNDER A LEASE-PURCHASE AGREEMENT
AUTHORIZED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,
INCLUDING INTEREST REPRESENTED BY THE INSTRUMENTS, IS EXEMPT
FROM COLORADO INCOME TAX.
(i) THE STATE, ACTING BY AND THROUGH THE STATE TREASURER
AND THE GOVERNING BOARDS OF THE INSTITUTIONS OF HIGHER
EDUCATION, IS AUTHORIZED TO ENTER INTO ANCILLARY AGREEMENTS
AND INSTRUMENTS THAT ARE NECESSARY OR APPROPRIATE IN
CONNECTION WITH A LEASE-PURCHASE AGREEMENT, INCLUDING BUT NOT
LIMITED TO DEEDS, GROUND LEASES, SUB-LEASES, EASEMENTS, OR OTHER
INSTRUMENTS RELATING TO THE REAL PROPERTY ON WHICH THE
FACILITIES ARE LOCATED.
(j) THE PROVISIONS OF SECTION 24-30-202 (5)(b) DO NOT APPLY
TO A LEASE-PURCHASE AGREEMENT EXECUTED AS REQUIRED BY OR TO
ANY ANCILLARY AGREEMENT OR INSTRUMENT ENTERED INTO PURSUANT
TO THIS SUBSECTION (2). THE STATE CONTROLLER OR HIS OR HER
DESIGNEE SHALL WAIVE ANY PROVISION OF THE FISCAL RULES
PROMULGATED PURSUANT TO SECTION 24-30-202 (1) AND (13), THAT THE
STATE CONTROLLER FINDS INCOMPATIBLE OR INAPPLICABLE WITH
RESPECT TO A LEASE-PURCHASE AGREEMENT OR AN ANCILLARY
AGREEMENT OR INSTRUMENT.
(3) (a) BEFORE EXECUTING A LEASE-PURCHASE AGREEMENT
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION, IN ORDER TO PROTECT
AGAINST FUTURE INTEREST RATE INCREASES, THE STATE, ACTING BY AND
THROUGH THE STATE TREASURER AND AT THE DISCRETION OF THE STATE
TREASURER, MAY ENTER INTO AN INTEREST RATE EXCHANGE AGREEMENT
PURSUANT TO ARTICLE 59.3 OF TITLE 11. A LEASE-PURCHASE AGREEMENT
EXECUTED AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION IS A
PROPOSED PUBLIC SECURITY FOR THE PURPOSES OF ARTICLE 59.3 OF TITLE
11. ANY PAYMENTS MADE BY THE STATE UNDER AN AGREEMENT ENTERED
INTO PURSUANT TO THIS SUBSECTION (3) MUST BE MADE SOLELY FROM
MONEY MADE AVAILABLE TO THE STATE TREASURER FROM THE
EXECUTION OF A LEASE-PURCHASE AGREEMENT OR FROM MONEY
DESCRIBED IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS SECTION.
(b) ANY AGREEMENT ENTERED INTO PURSUANT TO THIS
SUBSECTION (3) MUST ALSO PROVIDE THAT THE OBLIGATIONS OF THE
STATE DO NOT CREATE STATE DEBT WITHIN THE MEANING OF ANY
PROVISION OF THE STATE CONSTITUTION OR STATE LAW CONCERNING OR
LIMITING THE CREATION OF STATE DEBT AND ARE NOT A MULTIPLE
FISCAL-YEAR DIRECT OR INDIRECT DEBT OR OTHER FINANCIAL
OBLIGATION OF THE STATE WITHIN THE MEANING OF SECTION 20 (4) OF
ARTICLE X OF THE STATE CONSTITUTION.
(c) ANY MONEY RECEIVED BY THE STATE UNDER AN AGREEMENT
ENTERED INTO PURSUANT TO THIS SUBSECTION (3) SHALL BE USED TO
MAKE PAYMENTS ON LEASE-PURCHASE AGREEMENTS ENTERED INTO
PURSUANT TO SUBSECTION (2) OF THIS SECTION OR TO PAY THE COSTS OF
THE PROJECT FOR WHICH A LEASE-PURCHASE AGREEMENT WAS EXECUTED.
(4) PROCEEDS OF LEASE-PURCHASE AGREEMENTS EXECUTED AS
REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION SHALL BE USED AS
FOLLOWS:
(a) (I) THE FIRST ONE HUNDRED TWENTY MILLION DOLLARS OF
THE PROCEEDS OF LEASE-PURCHASE AGREEMENTS ISSUED DURING THE
2018-19 STATE FISCAL YEAR SHALL BE USED FOR CONTROLLED
MAINTENANCE AND CAPITAL CONSTRUCTION PROJECTS IN THE STATE AS
FOLLOWS:
(A) THIRTEEN MILLION SIX THOUSAND EIGHTY-ONE DOLLARS FOR
LEVEL I CONTROLLED MAINTENANCE;
(B) SIXTY MILLION SIX HUNDRED THIRTY-SEVEN THOUSAND
THREE HUNDRED FIVE DOLLARS FOR LEVEL II CONTROLLED
MAINTENANCE;
(C) FORTY MILLION TWO HUNDRED NINE THOUSAND FIVE
HUNDRED THIRTY-FIVE DOLLARS FOR LEVEL III CONTROLLED
MAINTENANCE; AND
(D) THE REMAINDER FOR CAPITAL CONSTRUCTION PROJECTS AS
PRIORITIZED BY THE CAPITAL DEVELOPMENT COMMITTEE.
(II) THE CAPITAL DEVELOPMENT COMMITTEE SHALL POST THE LIST
OF SPECIFIC CONTROLLED MAINTENANCE PROJECTS AND THE COST OF
EACH PROJECT FUNDED PURSUANT TO SUBSECTION (4)(a)(I)(A),
(4)(a)(I)(B), OR (4)(a)(I)(C) OF THIS SECTION ON ITS OFFICIAL WEBSITE NO
LATER THAN MAY 11, 2017.

(b) THE REMAINDER OF THE PROCEEDS SHALL BE CREDITED TO
THE STATE HIGHWAY FUND CREATED IN SECTION 43-1-219 AND USED BY
THE DEPARTMENT OF TRANSPORTATION IN ACCORDANCE WITH SECTION
43-4-206 (1)(b)(V).
SECTION 13. In Colorado Revised Statutes, 25.5-3-108, amend
(17) as follows:
25.5-3-108. Responsibility of the department of health care
policy and financing - provider reimbursement. (17) Subject to
adequate funding BEING made available under section 25.5-4-402.3
SECTION 25.5-4-402.4, the state department COLORADO HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY ENTERPRISE CREATED IN SECTION
25.5-4-402.4 (3) shall increase hospital reimbursements up to one
hundred percent of hospital costs for providing medical care under the
program.
SECTION 14. In Colorado Revised Statutes, 25.5-4-209, amend
(1)(b); and add (1)(c) and (1)(d) as follows:
25.5-4-209. Payments by third parties - copayments by
recipients - review - appeal - children's waiting list reduction fund.
(1) (b) Subject to any limitations imposed by Title XIX AND THE
REQUIREMENTS SET FORTH IN SUBSECTION (1)(c) OF THIS SECTION, a
recipient shall be required to MUST pay at the time of service a portion of
the cost of any medical benefit rendered to the recipient or to the
recipient's dependents pursuant to this article ARTICLE 4 or article 5 or 6
of this title TITLE 25.5, as determined by rule RULES of the state
department.
(c) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (1)(c)(II)
OF THIS SECTION, ON AND AFTER JANUARY 1, 2018, FOR PHARMACY AND
FOR HOSPITAL OUTPATIENT SERVICES, INCLUDING URGENT CARE CENTERS
AND FACILITIES AND EMERGENCY SERVICES, THE RULES OF THE STATE
DEPARTMENT REQUIRED BY SUBSECTION (1)(b) OF THIS SECTION MUST
REQUIRE THE RECIPIENT TO PAY:
(A) FOR PHARMACY, AT LEAST DOUBLE THE AVERAGE AMOUNT
PAID BY RECIPIENTS IN STATE FISCAL YEAR 2015-16; OR
(B) FOR HOSPITAL OUTPATIENT SERVICES, AT LEAST DOUBLE THE
AMOUNT REQUIRED TO BE PAID AS SPECIFIED IN THE RULES AS OF
JANUARY 1, 2017.
(II) FOR BOTH PHARMACY AND HOSPITAL OUTPATIENT SERVICES,
THE AMOUNT REQUIRED TO BE PAID BY THE RECIPIENT SHALL NOT EXCEED
ANY SPECIFIED MAXIMUM DOLLAR AMOUNT ALLOWED BY FEDERAL LAW
OR REGULATIONS AS OF JANUARY 1, 2017.
(d) THE STATE DEPARTMENT SHALL EVALUATE OPTIONS TO
EXEMPT INDIVIDUALS WHO ARE QUALIFIED FOR INSTITUTIONAL CARE BUT
ARE INSTEAD ENROLLED IN HOME- AND COMMUNITY-BASED SERVICE
WAIVERS FROM THE INCREASED PAYMENT REQUIREMENTS SPECIFIED IN
SUBSECTION (1)(c) OF THIS SECTION.
SECTION 15. In Colorado Revised Statutes, 25.5-4-402, amend
(3)(a) as follows:
25.5-4-402. Providers - hospital reimbursement - rules.
(3) (a) In addition to the reimbursement rate process described in
subsection (1) of this section and subject to adequate funding BEING
made available pursuant to section 25.5-4-402.3 SECTION 25.5-4-402.4,
the state department COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE CREATED IN SECTION 25.5-4-402.4 (3) shall
pay an additional amount based upon performance to those hospitals that
provide services that improve health care outcomes for their patients.
This amount shall be determined by The state department SHALL
DETERMINE THIS AMOUNT based upon nationally recognized performance
measures established in rules adopted by the state board. The state quality
standards shall MUST be consistent with federal quality standards
published by an organization with expertise in health care quality,
including but not limited to, the centers for medicare and medicaid
services, the agency for healthcare research and quality, or the national
quality forum.
SECTION 16. In Colorado Revised Statutes, repeal as amended
by Senate Bill 17-256 25.5-4-402.3.
SECTION 17. In Colorado Revised Statutes, add 25.5-4-402.4
as follows:
25.5-4-402.4. Hospitals - healthcare affordability and
sustainability fee - legislative declaration - Colorado healthcare
affordability and sustainability enterprise - federal waiver - fund
created - rules. (1) Short title. THE SHORT TITLE OF THIS SECTION IS THE
"COLORADO HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
ENTERPRISE ACT OF 2017".
(2) Legislative declaration. THE GENERAL ASSEMBLY HEREBY
FINDS AND DECLARES THAT:
(a) THE STATE AND THE PROVIDERS OF PUBLICLY FUNDED
MEDICAL SERVICES, AND HOSPITALS IN PARTICULAR, SHARE A COMMON
COMMITMENT TO COMPREHENSIVE HEALTH CARE REFORM;
(b) HOSPITALS WITHIN THE STATE INCUR SIGNIFICANT COSTS BY
PROVIDING UNCOMPENSATED EMERGENCY DEPARTMENT CARE AND
OTHER UNCOMPENSATED MEDICAL SERVICES TO LOW-INCOME AND
UNINSURED POPULATIONS;
(c) THIS SECTION IS ENACTED AS PART OF A COMPREHENSIVE
HEALTH CARE REFORM AND IS INTENDED TO PROVIDE THE FOLLOWING
SERVICES AND BENEFITS TO HOSPITALS AND INDIVIDUALS:
(I) PROVIDING A PAYER SOURCE FOR SOME LOW-INCOME AND
UNINSURED POPULATIONS WHO MAY OTHERWISE BE CARED FOR IN
EMERGENCY DEPARTMENTS AND OTHER SETTINGS IN WHICH
UNCOMPENSATED CARE IS PROVIDED;
(II) REDUCING THE UNDERPAYMENT TO COLORADO HOSPITALS
PARTICIPATING IN PUBLICLY FUNDED HEALTH INSURANCE PROGRAMS;
(III) REDUCING THE NUMBER OF PERSONS IN COLORADO WHO ARE
WITHOUT HEALTH CARE BENEFITS;
(IV) REDUCING THE NEED OF HOSPITALS AND OTHER HEALTH
CARE PROVIDERS TO SHIFT THE COST OF PROVIDING UNCOMPENSATED
CARE TO OTHER PAYERS;
(V) EXPANDING ACCESS TO HIGH-QUALITY, AFFORDABLE HEALTH
CARE FOR LOW-INCOME AND UNINSURED POPULATIONS; AND
(VI) PROVIDING THE ADDITIONAL BUSINESS SERVICES SPECIFIED
IN SUBSECTION (4)(a)(IV) OF THIS SECTION TO HOSPITALS THAT PAY THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CHARGED AND
COLLECTED AS AUTHORIZED BY SUBSECTION (4) OF THIS SECTION BY THE
COLORADO HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
ENTERPRISE CREATED IN SUBSECTION (3)(a) OF THIS SECTION;
(d) THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE PROVIDES BUSINESS SERVICES TO HOSPITALS
WHEN, IN EXCHANGE FOR PAYMENT OF HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEES BY HOSPITALS, IT:
(I) OBTAINS FEDERAL MATCHING MONEY AND RETURNS BOTH THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AND THE
FEDERAL MATCHING MONEY TO HOSPITALS TO INCREASE REIMBURSEMENT
RATES TO HOSPITALS FOR PROVIDING MEDICAL CARE UNDER THE STATE
MEDICAL ASSISTANCE PROGRAM AND THE COLORADO INDIGENT CARE
PROGRAM AND TO INCREASE THE NUMBER OF INDIVIDUALS COVERED BY
PUBLIC MEDICAL ASSISTANCE; AND
(II) PROVIDES ADDITIONAL BUSINESS SERVICES TO HOSPITALS AS
SPECIFIED IN SUBSECTION (4)(a)(IV) OF THIS SECTION;
(e) IT IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF
THE STATE TO ACKNOWLEDGE THAT BY PROVIDING THE BUSINESS
SERVICES SPECIFIED IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS
SECTION, THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE ENGAGES IN AN ACTIVITY CONDUCTED IN
THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD AND THEREFORE
OPERATES AS A BUSINESS;
(f) CONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE
X OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL
ASSEMBLY THAT THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE CHARGED AND COLLECTED BY THE COLORADO HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY ENTERPRISE IS A FEE, NOT A TAX,
BECAUSE THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSES OF ALLOWING
THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE BUSINESS
SERVICES SPECIFIED IN SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS
SECTION TO HOSPITALS THAT PAY THE FEE AND IS COLLECTED AT RATES
THAT ARE REASONABLY CALCULATED BASED ON THE BENEFITS RECEIVED
BY THOSE HOSPITALS; AND
(g) SO LONG AS THE COLORADO HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE
REVENUES FROM THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE CHARGED AND COLLECTED BY THE ENTERPRISE ARE NOT STATE
FISCAL YEAR SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE
REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DO NOT
COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED
BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE
EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6
(6)(b)(I).
(3) (a) THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE, REFERRED TO IN THIS SECTION AS THE
"ENTERPRISE", IS CREATED. THE ENTERPRISE IS AND OPERATES AS A
GOVERNMENT-OWNED BUSINESS WITHIN THE STATE DEPARTMENT FOR THE
PURPOSE OF CHARGING AND COLLECTING THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE, LEVERAGING HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE TO OBTAIN FEDERAL
MATCHING MONEY, AND UTILIZING AND DEPLOYING THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE AND FEDERAL
MATCHING MONEY TO PROVIDE THE BUSINESS SERVICES SPECIFIED IN
SUBSECTIONS (2)(d)(I) AND (2)(d)(II) OF THIS SECTION TO HOSPITALS
THAT PAY THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE.
(b) THE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED. SO LONG AS IT
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3)(b), THE
ENTERPRISE IS NOT SUBJECT TO ANY PROVISIONS OF SECTION 20 OF
ARTICLE X OF THE STATE CONSTITUTION.
(c) (I) THE REPEAL OF THE HOSPITAL PROVIDER FEE PROGRAM, AS
IT EXISTED PURSUANT TO SECTION 25.5-4-402.3 BEFORE ITS REPEAL,
EFFECTIVE JULY 1, 2017, BY SENATE BILL 17-267, ENACTED IN 2017, AND
THE CREATION OF THE COLORADO HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY ENTERPRISE AS A NEW ENTERPRISE TO CHARGE AND
COLLECT A NEW HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE
AS AUTHORIZED BY SUBSECTION (4) OF THIS SECTION AND PROVIDE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE-FUNDED
BUSINESS SERVICES TO HOSPITALS THAT REPLACE AND SUPPLEMENT
SERVICES PREVIOUSLY FUNDED BY HOSPITAL PROVIDER FEES IS THE
CREATION OF A NEW GOVERNMENT-OWNED BUSINESS THAT PROVIDES
BUSINESS SERVICES TO HOSPITALS AS A NEW ENTERPRISE FOR PURPOSES
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, DOES NOT
CONSTITUTE THE QUALIFICATION OF AN EXISTING GOVERNMENT-OWNED
BUSINESS AS AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X
OF THE STATE CONSTITUTION OR SECTION 24-77-103.6 (6)(b)(II), AND,
THEREFORE, DOES NOT REQUIRE OR AUTHORIZE ADJUSTMENT OF THE
STATE FISCAL YEAR SPENDING LIMIT CALCULATED PURSUANT TO SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS STATE
REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I).
(II) NOTWITHSTANDING SUBSECTION (3)(c)(I) OF THIS SECTION,
BECAUSE THE REPEAL OF THE HOSPITAL PROVIDER FEE PROGRAM, AS IT
EXISTED PURSUANT TO SECTION 25.5-4-402.3 BEFORE ITS REPEAL BY
SENATE BILL 17-267, ENACTED IN 2017, WILL ALLOW THE STATE TO
SPEND MORE GENERAL FUND MONEY FOR GENERAL GOVERNMENTAL
PURPOSES THAN IT WOULD OTHERWISE BE ABLE TO SPEND BELOW THE
EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6
(6)(b)(I), IT IS APPROPRIATE TO RESTRAIN THE GROWTH OF GOVERNMENT
BY LOWERING THE BASE AMOUNT USED TO CALCULATE THE EXCESS STATE
REVENUES CAP FOR THE 2017-18 STATE FISCAL YEAR BY TWO HUNDRED
MILLION DOLLARS.
(d) THE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE:
(I) TO CHARGE AND COLLECT THE HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY FEE AS SPECIFIED IN SUBSECTION (4) OF THIS
SECTION;
(II) TO LEVERAGE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE REVENUE COLLECTED TO OBTAIN FEDERAL
MATCHING MONEY, WORKING WITH OR THROUGH THE STATE DEPARTMENT
AND THE STATE BOARD TO THE EXTENT REQUIRED BY FEDERAL LAW OR
OTHERWISE NECESSARY;
(III) TO EXPEND HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE REVENUE, MATCHING FEDERAL MONEY, AND ANY
OTHER MONEY FROM THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE CASH FUND AS SPECIFIED IN SUBSECTIONS (4) AND (5)
OF THIS SECTION;
(IV) TO ISSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF
THE ENTERPRISE;
(V) TO ENTER INTO AGREEMENTS WITH THE STATE DEPARTMENT
TO THE EXTENT NECESSARY TO COLLECT AND EXPEND HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE;
(VI) TO ENGAGE THE SERVICES OF PRIVATE PERSONS OR ENTITIES
SERVING AS CONTRACTORS, CONSULTANTS, AND LEGAL COUNSEL FOR
PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY
OTHER SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE
ENTERPRISE, INCLUDING THE PROVISION OF ADDITIONAL BUSINESS
SERVICES TO HOSPITALS AS SPECIFIED IN SUBSECTION (4)(a)(IV) OF THIS
SECTION; AND
(VII) TO ADOPT AND AMEND OR REPEAL POLICIES FOR THE
REGULATION OF ITS AFFAIRS AND THE CONDUCT OF ITS BUSINESS
CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
(e) THE ENTERPRISE SHALL EXERCISE ITS POWERS AND PERFORM
ITS DUTIES AS IF THE SAME WERE TRANSFERRED TO THE STATE
DEPARTMENT BY A TYPE 2 TRANSFER, AS DEFINED IN SECTION 24-1-105.
(4) Healthcare affordability and sustainability fee. (a) FOR
THE FISCAL YEAR COMMENCING JULY 1, 2017, AND FOR EACH FISCAL
YEAR THEREAFTER, THE ENTERPRISE IS AUTHORIZED TO CHARGE AND
COLLECT A HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE, AS
DESCRIBED IN 42 CFR 433.68 (b), ON OUTPATIENT AND INPATIENT
SERVICES PROVIDED BY ALL LICENSED OR CERTIFIED HOSPITALS,
REFERRED TO IN THIS SECTION AS "HOSPITALS", FOR THE PURPOSE OF
OBTAINING FEDERAL FINANCIAL PARTICIPATION UNDER THE STATE
MEDICAL ASSISTANCE PROGRAM AS DESCRIBED IN THIS ARTICLE 4 AND
ARTICLES 5 AND 6 OF THIS TITLE 25.5, REFERRED TO IN THIS SECTION AS
THE "STATE MEDICAL ASSISTANCE PROGRAM", AND THE COLORADO
INDIGENT CARE PROGRAM DESCRIBED IN PART 1 OF ARTICLE 3 OF THIS
TITLE 25.5, REFERRED TO IN THIS SECTION AS THE "COLORADO INDIGENT
CARE PROGRAM". THE ENTERPRISE SHALL USE THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE REVENUE TO:
(I) PROVIDE A BUSINESS SERVICE TO HOSPITALS BY INCREASING
REIMBURSEMENT TO HOSPITALS FOR PROVIDING MEDICAL CARE UNDER:
(A) THE STATE MEDICAL ASSISTANCE PROGRAM; AND
(B) THE COLORADO INDIGENT CARE PROGRAM;
(II) PROVIDE A BUSINESS SERVICE TO HOSPITALS BY INCREASING
THE NUMBER OF INDIVIDUALS COVERED BY PUBLIC MEDICAL ASSISTANCE
AND THEREBY REDUCING THE AMOUNT OF UNCOMPENSATED CARE THAT
THE HOSPITALS MUST PROVIDE;
(III) PAY THE ADMINISTRATIVE COSTS TO THE ENTERPRISE IN
IMPLEMENTING AND ADMINISTERING THIS SECTION SUBJECT TO THE
LIMITATION THAT ADMINISTRATIVE COSTS OF THE ENTERPRISE ARE
LIMITED TO THREE PERCENT OF THE ENTERPRISE'S EXPENDITURES BASED
ON A METHODOLOGY APPROVED BY THE OFFICE OF STATE PLANNING AND
BUDGETING AND THE STAFF OF THE JOINT BUDGET COMMITTEE OF THE
GENERAL ASSEMBLY; AND
(IV) PROVIDE OR CONTRACT FOR OR ARRANGE THE PROVISION OF
ADDITIONAL BUSINESS SERVICES TO HOSPITALS BY:
(A) CONSULTING WITH HOSPITALS TO HELP THEM IMPROVE BOTH
COST EFFICIENCY AND PATIENT SAFETY IN PROVIDING MEDICAL SERVICES
AND THE CLINICAL EFFECTIVENESS OF THOSE SERVICES;
(B) ADVISING HOSPITALS REGARDING POTENTIAL CHANGES TO
FEDERAL AND STATE LAWS AND REGULATIONS THAT GOVERN THE
PROVISION OF AND REIMBURSEMENT PAID FOR MEDICAL SERVICES UNDER
THE PROGRAMS ADMINISTERED PURSUANT TO THIS ARTICLE 4 AND
ARTICLES 5 AND 6 OF THIS TITLE 25.5;
(C) PROVIDING COORDINATED SERVICES TO HOSPITALS TO HELP
THEM ADAPT AND TRANSITION TO ANY NEW OR MODIFIED PERFORMANCE
TRACKING AND PAYMENT SYSTEMS FOR THE PROGRAMS ADMINISTERED
PURSUANT TO THIS ARTICLE 4 AND ARTICLES 5 AND 6 OF THIS TITLE 25.5,
WHICH MAY INCLUDE DATA SHARING, TELEHEALTH COORDINATION AND
SUPPORT, ESTABLISHMENT OF PERFORMANCE METRICS, BENCHMARKING
TO SUCH METRICS, AND CLINICAL AND ADMINISTRATIVE PROCESS
CONSULTING AND OTHER APPROPRIATE SERVICES;
(D) PROVIDING ANY OTHER SERVICES TO HOSPITALS THAT AID
THEM IN EFFICIENTLY AND EFFECTIVELY PARTICIPATING IN THE PROGRAMS
ADMINISTERED PURSUANT TO THIS ARTICLE 4 AND ARTICLES 5 AND 6 OF
THIS TITLE 25.5; AND
(E) PROVIDING FUNDING FOR, AND IN COOPERATION WITH THE
STATE DEPARTMENT AND HOSPITALS SUPPORTING THE IMPLEMENTATION
OF, A HEALTH CARE DELIVERY SYSTEM REFORM INCENTIVE PAYMENTS
PROGRAM AS DESCRIBED IN SUBSECTION (8) OF THIS SECTION.
(b) THE ENTERPRISE SHALL RECOMMEND FOR APPROVAL AND
ESTABLISHMENT BY THE STATE BOARD THE AMOUNT OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE THAT IT INTENDS TO CHARGE
AND COLLECT. THE STATE BOARD MUST ESTABLISH THE FINAL AMOUNT
OF THE FEE BY RULES PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF
TITLE 24. THE STATE BOARD SHALL NOT ESTABLISH ANY AMOUNT THAT
EXCEEDS THE FEDERAL LIMIT FOR SUCH FEES. THE STATE BOARD MAY
DEVIATE FROM THE RECOMMENDATIONS OF THE ENTERPRISE, BUT SHALL
EXPRESS IN WRITING THE REASONS FOR ANY DEVIATIONS. IN
ESTABLISHING THE AMOUNT OF THE FEE AND IN PROMULGATING THE
RULES GOVERNING THE FEE, THE STATE BOARD SHALL:
(I) CONSIDER RECOMMENDATIONS OF THE ENTERPRISE;
(II) ESTABLISH THE AMOUNT OF THE HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY FEE SO THAT THE AMOUNT COLLECTED FROM THE
FEE AND FEDERAL MATCHING FUNDS ASSOCIATED WITH THE FEE ARE
SUFFICIENT TO PAY FOR THE ITEMS DESCRIBED IN SUBSECTION (4)(a) OF
THIS SECTION, BUT NOTHING IN THIS SUBSECTION (4)(b)(II) REQUIRES THE
STATE BOARD TO INCREASE THE FEE ABOVE THE AMOUNT RECOMMENDED
BY THE ENTERPRISE; AND
(III) FOR THE 2017-18 FISCAL YEAR, ESTABLISH THE AMOUNT OF
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE SO THAT THE
AMOUNT COLLECTED FROM THE FEE IS APPROXIMATELY EQUAL TO THE
SUM OF THE AMOUNTS OF THE APPROPRIATIONS SPECIFIED FOR THE FEE IN
THE GENERAL APPROPRIATION ACT, SENATE BILL 17-254, ENACTED IN
2017, AND ANY OTHER SUPPLEMENTAL APPROPRIATION ACT.
(c) (I) IN ACCORDANCE WITH THE REDISTRIBUTIVE METHOD SET
FORTH IN 42 CFR 433.68 (e)(1) AND (e)(2), THE ENTERPRISE, ACTING IN
CONCERT WITH OR THROUGH AN AGREEMENT WITH THE STATE
DEPARTMENT IF REQUIRED BY FEDERAL LAW, MAY SEEK A WAIVER FROM
THE BROAD-BASED HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE REQUIREMENT OR THE UNIFORM HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE REQUIREMENT, OR BOTH. IN ADDITION, THE
ENTERPRISE, ACTING IN CONCERT WITH OR THROUGH AN AGREEMENT
WITH THE STATE DEPARTMENT IF REQUIRED BY FEDERAL LAW, SHALL SEEK
ANY FEDERAL WAIVER NECESSARY TO FUND AND, IN COOPERATION WITH
THE STATE DEPARTMENT AND HOSPITALS, SUPPORT THE IMPLEMENTATION
OF A HEALTH CARE DELIVERY SYSTEM REFORM INCENTIVE PAYMENTS
PROGRAM AS DESCRIBED IN SUBSECTION (8) OF THIS SECTION. SUBJECT TO
FEDERAL APPROVAL AND TO MINIMIZE THE FINANCIAL IMPACT ON
CERTAIN HOSPITALS, THE ENTERPRISE MAY EXEMPT FROM PAYMENT OF
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CERTAIN
TYPES OF HOSPITALS, INCLUDING BUT NOT LIMITED TO:
(A) PSYCHIATRIC HOSPITALS, AS LICENSED BY THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT;
(B) HOSPITALS THAT ARE LICENSED AS GENERAL HOSPITALS AND
CERTIFIED AS LONG-TERM CARE HOSPITALS BY THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT;
(C) CRITICAL ACCESS HOSPITALS THAT ARE LICENSED AS GENERAL
HOSPITALS AND ARE CERTIFIED BY THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT UNDER 42 CFR PART 485, SUBPART F;
(D) INPATIENT REHABILITATION FACILITIES; OR
(E) HOSPITALS SPECIFIED FOR EXEMPTION UNDER 42 CFR 433.68
(e).
(II) IN DETERMINING WHETHER A HOSPITAL MAY BE EXCLUDED,
THE ENTERPRISE SHALL USE ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) A HOSPITAL THAT IS LOCATED IN A RURAL AREA;
(B) A HOSPITAL WITH WHICH THE STATE DEPARTMENT DOES NOT
CONTRACT TO PROVIDE SERVICES UNDER THE STATE MEDICAL ASSISTANCE
PROGRAM;
(C) A HOSPITAL WHOSE INCLUSION OR EXCLUSION WOULD NOT
SIGNIFICANTLY AFFECT THE NET BENEFIT TO HOSPITALS PAYING THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE; OR
(D) A HOSPITAL THAT MUST BE INCLUDED TO RECEIVE FEDERAL
APPROVAL.
(III) THE ENTERPRISE MAY REDUCE THE AMOUNT OF THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE FOR CERTAIN
HOSPITALS TO OBTAIN FEDERAL APPROVAL AND TO MINIMIZE THE
FINANCIAL IMPACT ON CERTAIN HOSPITALS. IN DETERMINING FOR WHICH
HOSPITALS THE ENTERPRISE MAY REDUCE THE AMOUNT OF THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE, THE ENTERPRISE
SHALL USE ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) THE HOSPITAL IS A TYPE OF HOSPITAL DESCRIBED IN
SUBSECTION (4)(c)(I) OF THIS SECTION;
(B) THE HOSPITAL IS LOCATED IN A RURAL AREA;
(C) THE HOSPITAL SERVES A HIGHER PERCENTAGE THAN THE
AVERAGE HOSPITAL OF PERSONS COVERED BY THE STATE MEDICAL
ASSISTANCE PROGRAM, MEDICARE, OR COMMERCIAL INSURANCE OR
PERSONS ENROLLED IN A MANAGED CARE ORGANIZATION;
(D) THE HOSPITAL DOES NOT CONTRACT WITH THE STATE
DEPARTMENT TO PROVIDE SERVICES UNDER THE STATE MEDICAL
ASSISTANCE PROGRAM;
(E) IF THE HOSPITAL PAID A REDUCED HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE, THE REDUCED FEE WOULD NOT
SIGNIFICANTLY AFFECT THE NET BENEFIT TO HOSPITALS PAYING THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE; OR
(F) THE HOSPITAL IS REQUIRED NOT TO PAY A REDUCED
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AS A CONDITION
OF FEDERAL APPROVAL.
(IV) THE ENTERPRISE MAY CHANGE HOW IT PAYS HOSPITAL
REIMBURSEMENT OR QUALITY INCENTIVE PAYMENTS, OR BOTH, IN WHOLE
OR IN PART, UNDER THE AUTHORITY OF A FEDERAL WAIVER IF THE TOTAL
REIMBURSEMENT TO HOSPITALS IS EQUAL TO OR ABOVE THE FEDERAL
UPPER PAYMENT LIMIT CALCULATION UNDER THE WAIVER.
(d) THE ENTERPRISE MAY ALTER THE PROCESS PRESCRIBED IN THIS
SUBSECTION (4) TO THE EXTENT NECESSARY TO MEET THE FEDERAL
REQUIREMENTS AND TO OBTAIN FEDERAL APPROVAL.
(e) (I) THE ENTERPRISE SHALL ESTABLISH POLICIES ON THE
CALCULATION, ASSESSMENT, AND TIMING OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE. THE ENTERPRISE SHALL ASSESS
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE ON A
SCHEDULE TO BE SET BY THE ENTERPRISE BOARD AS PROVIDED IN
SUBSECTION (7)(d) OF THIS SECTION. THE PERIODIC HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE PAYMENTS FROM A HOSPITAL
AND THE ENTERPRISE'S REIMBURSEMENT TO THE HOSPITAL UNDER
SUBSECTIONS (5)(b)(I) AND (5)(b)(II) OF THIS SECTION ARE DUE AS
NEARLY SIMULTANEOUSLY AS FEASIBLE; EXCEPT THAT THE ENTERPRISE'S
REIMBURSEMENT TO THE HOSPITAL IS DUE NO MORE THAN TWO DAYS
AFTER THE PERIODIC HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE PAYMENT IS RECEIVED FROM THE HOSPITAL. THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE MUST BE IMPOSED ON EACH
HOSPITAL EVEN IF MORE THAN ONE HOSPITAL IS OWNED BY THE SAME
ENTITY. THE FEE MUST BE PRORATED AND ADJUSTED FOR THE EXPECTED
VOLUME OF SERVICE FOR ANY YEAR IN WHICH A HOSPITAL OPENS OR
CLOSES.
(II) THE ENTERPRISE IS AUTHORIZED TO REFUND ANY UNUSED
PORTION OF THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE.
FOR ANY PORTION OF THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE THAT HAS BEEN COLLECTED BY THE ENTERPRISE BUT
FOR WHICH THE ENTERPRISE HAS NOT RECEIVED FEDERAL MATCHING
FUNDS, THE ENTERPRISE SHALL REFUND BACK TO THE HOSPITAL THAT
PAID THE FEE THE AMOUNT OF THAT PORTION OF THE FEE WITHIN FIVE
BUSINESS DAYS AFTER THE FEE IS COLLECTED.
(III) THE ENTERPRISE SHALL ESTABLISH REQUIREMENTS FOR THE
REPORTS THAT HOSPITALS MUST SUBMIT TO THE ENTERPRISE TO ALLOW
THE ENTERPRISE TO CALCULATE THE AMOUNT OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE. NOTWITHSTANDING THE
PROVISIONS OF PART 2 OF ARTICLE 72 OF TITLE 24 OR SUBSECTION (7)(f)
OF THIS SECTION, INFORMATION PROVIDED TO THE ENTERPRISE PURSUANT
TO THIS SECTION IS CONFIDENTIAL AND IS NOT A PUBLIC RECORD.
NONETHELESS, THE ENTERPRISE MAY PREPARE AND RELEASE SUMMARIES
OF THE REPORTS TO THE PUBLIC.
(f) A HOSPITAL SHALL NOT INCLUDE ANY AMOUNT OF THE
HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AS A SEPARATE
LINE ITEM IN ITS BILLING STATEMENTS.
(g) THE STATE BOARD SHALL PROMULGATE ANY RULES PURSUANT
TO THE "STATE ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE
24, NECESSARY FOR THE ADMINISTRATION AND IMPLEMENTATION OF THIS
SECTION. PRIOR TO SUBMITTING ANY PROPOSED RULES CONCERNING THE
ADMINISTRATION OR IMPLEMENTATION OF THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE TO THE STATE BOARD, THE
ENTERPRISE SHALL CONSULT WITH THE STATE BOARD ON THE PROPOSED
RULES AS SPECIFIED IN SUBSECTION (7)(d) OF THIS SECTION.
(5) Healthcare affordability and sustainability fee cash fund.
(a) ANY HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE
COLLECTED PURSUANT TO THIS SECTION BY THE ENTERPRISE MUST BE
TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE FEE TO
THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE CASH FUND,
WHICH FUND IS HEREBY CREATED AND REFERRED TO IN THIS SECTION AS
THE "FUND". THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
FUND TO THE FUND. THE STATE TREASURER SHALL INVEST ANY MONEY IN
THE FUND NOT EXPENDED FOR THE PURPOSES SPECIFIED IN SUBSECTION
(5)(b) OF THIS SECTION AS PROVIDED BY LAW. MONEY IN THE FUND SHALL
NOT BE TRANSFERRED TO ANY OTHER FUND AND SHALL NOT BE USED FOR
ANY PURPOSE OTHER THAN THE PURPOSES SPECIFIED IN THIS SUBSECTION
(5) AND IN SUBSECTION (4) OF THIS SECTION.
(b) ALL MONEY IN THE FUND IS SUBJECT TO FEDERAL MATCHING
AS AUTHORIZED UNDER FEDERAL LAW AND IS CONTINUOUSLY
APPROPRIATED TO THE ENTERPRISE FOR THE FOLLOWING PURPOSES:
(I) TO MAXIMIZE THE INPATIENT AND OUTPATIENT HOSPITAL
REIMBURSEMENTS TO UP TO THE UPPER PAYMENT LIMITS AS DEFINED IN
42 CFR 447.272 AND 42 CFR 447.321;
(II) TO INCREASE HOSPITAL REIMBURSEMENTS UNDER THE
COLORADO INDIGENT CARE PROGRAM TO UP TO ONE HUNDRED PERCENT
OF THE HOSPITAL'S COSTS OF PROVIDING MEDICAL CARE UNDER THE
PROGRAM;
(III) TO PAY THE QUALITY INCENTIVE PAYMENTS PROVIDED IN
SECTION 25.5-4-402 (3);
(IV) SUBJECT TO AVAILABLE REVENUE FROM THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE AND FEDERAL MATCHING
FUNDS, TO EXPAND ELIGIBILITY FOR PUBLIC MEDICAL ASSISTANCE BY:
(A) INCREASING THE ELIGIBILITY LEVEL FOR PARENTS AND
CARETAKER RELATIVES OF CHILDREN WHO ARE ELIGIBLE FOR MEDICAL
ASSISTANCE, PURSUANT TO SECTION 25.5-5-201 (1)(m), FROM SIXTY-ONE
PERCENT TO ONE HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL
POVERTY LINE;
(B) INCREASING THE ELIGIBILITY LEVEL FOR CHILDREN AND
PREGNANT WOMEN UNDER THE CHILDREN'S BASIC HEALTH PLAN TO UP TO
TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE;
(C) PROVIDING ELIGIBILITY UNDER THE STATE MEDICAL
ASSISTANCE PROGRAM FOR A CHILDLESS ADULT OR AN ADULT WITHOUT
A DEPENDENT CHILD IN THE HOME, PURSUANT TO SECTION 25.5-5-201
(1)(p), WHO EARNS UP TO ONE HUNDRED THIRTY-THREE PERCENT OF THE
FEDERAL POVERTY LINE; AND
(D) PROVIDING A BUY-IN PROGRAM IN THE STATE MEDICAL
ASSISTANCE PROGRAM FOR DISABLED ADULTS AND CHILDREN WHOSE
FAMILIES HAVE INCOME OF UP TO FOUR HUNDRED FIFTY PERCENT OF THE
FEDERAL POVERTY LINE;
(V) TO PROVIDE CONTINUOUS ELIGIBILITY FOR TWELVE MONTHS
FOR CHILDREN ENROLLED IN THE STATE MEDICAL ASSISTANCE PROGRAM;
(VI) TO PAY THE ENTERPRISE'S ACTUAL ADMINISTRATIVE COSTS
OF IMPLEMENTING AND ADMINISTERING THIS SECTION, INCLUDING BUT
NOT LIMITED TO THE FOLLOWING COSTS:
(A) ADMINISTRATIVE EXPENSES OF THE ENTERPRISE;
(B) THE ENTERPRISE'S ACTUAL COSTS RELATED TO IMPLEMENTING
AND MAINTAINING THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE, INCLUDING PERSONAL SERVICES, OPERATING, AND
CONSULTING EXPENSES;
(C) THE ENTERPRISE'S ACTUAL COSTS FOR THE CHANGES AND
UPDATES TO THE MEDICAID MANAGEMENT INFORMATION SYSTEM FOR THE
IMPLEMENTATION OF SUBSECTIONS (5)(b)(I) TO (5)(b)(III) OF THIS
SECTION;
(D) THE ENTERPRISE'S PERSONAL SERVICES AND OPERATING COSTS
RELATED TO PERSONNEL, CONSULTING SERVICES, AND FOR REVIEW OF
HOSPITAL COSTS NECESSARY TO IMPLEMENT AND ADMINISTER THE
INCREASES IN INPATIENT AND OUTPATIENT HOSPITAL PAYMENTS MADE
PURSUANT TO SUBSECTION (5)(b)(I) OF THIS SECTION, INCREASES IN THE
COLORADO INDIGENT CARE PROGRAM PAYMENTS MADE PURSUANT TO
SUBSECTION (5)(b)(II) OF THIS SECTION, AND QUALITY INCENTIVE
PAYMENTS MADE PURSUANT TO SUBSECTION (5)(b)(III) OF THIS SECTION;
(E) THE ENTERPRISE'S ACTUAL COSTS FOR THE CHANGES AND
UPDATES TO THE COLORADO BENEFITS MANAGEMENT SYSTEM AND
MEDICAID MANAGEMENT INFORMATION SYSTEM TO IMPLEMENT AND
MAINTAIN THE EXPANDED ELIGIBILITY PROVIDED FOR IN SUBSECTIONS
(5)(b)(IV) AND (5)(b)(V) OF THIS SECTION;
(F) THE ENTERPRISE'S PERSONAL SERVICES AND OPERATING COSTS
RELATED TO PERSONNEL NECESSARY TO IMPLEMENT AND ADMINISTER THE
EXPANDED ELIGIBILITY FOR PUBLIC MEDICAL ASSISTANCE PROVIDED FOR
IN SUBSECTIONS (5)(b)(IV) AND (5)(b)(V) OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO ADMINISTRATIVE COSTS ASSOCIATED WITH THE
DETERMINATION OF ELIGIBILITY FOR PUBLIC MEDICAL ASSISTANCE BY
COUNTY DEPARTMENTS; AND
(G) THE ENTERPRISE'S PERSONAL SERVICES, OPERATING, AND
SYSTEMS COSTS RELATED TO EXPANDING THE OPPORTUNITY FOR
INDIVIDUALS TO APPLY FOR PUBLIC MEDICAL ASSISTANCE DIRECTLY AT
HOSPITALS OR THROUGH ANOTHER ENTITY OUTSIDE THE COUNTY
DEPARTMENTS, IN CONNECTION WITH SECTION 25.5-4-205, THAT WOULD
INCREASE ACCESS TO PUBLIC MEDICAL ASSISTANCE AND REDUCE THE
NUMBER OF UNINSURED SERVED BY HOSPITALS;
(VII) TO OFFSET THE LOSS OF ANY FEDERAL MATCHING MONEY
DUE TO A DECREASE IN THE CERTIFICATION OF THE PUBLIC EXPENDITURE
PROCESS FOR OUTPATIENT HOSPITAL SERVICES FOR MEDICAL SERVICES
PREMIUMS THAT WERE IN EFFECT AS OF JULY 1, 2008;
(VIII) SUBJECT TO ANY NECESSARY FEDERAL WAIVERS BEING
OBTAINED, TO PROVIDE FUNDING FOR A HEALTH CARE DELIVERY SYSTEM
REFORM INCENTIVE PAYMENTS PROGRAM AS DESCRIBED IN SUBSECTION
(8) OF THIS SECTION; AND
(IX) TO PROVIDE ADDITIONAL BUSINESS SERVICES TO HOSPITALS
AS SPECIFIED IN SUBSECTION (4)(a)(IV) OF THIS SECTION.
(6) Appropriations. (a) (I) THE HEALTHCARE AFFORDABILITY
AND SUSTAINABILITY FEE IS TO SUPPLEMENT, NOT SUPPLANT, GENERAL
FUND APPROPRIATIONS TO SUPPORT HOSPITAL REIMBURSEMENTS.
GENERAL FUND APPROPRIATIONS FOR HOSPITAL REIMBURSEMENTS SHALL
BE MAINTAINED AT THE LEVEL OF APPROPRIATIONS IN THE MEDICAL
SERVICES PREMIUM LINE ITEM MADE FOR THE FISCAL YEAR COMMENCING
JULY 1, 2008; EXCEPT THAT GENERAL FUND APPROPRIATIONS FOR
HOSPITAL REIMBURSEMENTS MAY BE REDUCED IF AN INDEX OF
APPROPRIATIONS TO OTHER PROVIDERS SHOWS THAT GENERAL FUND
APPROPRIATIONS ARE REDUCED FOR OTHER PROVIDERS. IF THE INDEX
SHOWS THAT GENERAL FUND APPROPRIATIONS ARE REDUCED FOR OTHER
PROVIDERS, THE GENERAL FUND APPROPRIATIONS FOR HOSPITAL
REIMBURSEMENTS SHALL NOT BE REDUCED BY A GREATER PERCENTAGE
THAN THE REDUCTIONS OF APPROPRIATIONS FOR THE OTHER PROVIDERS
AS SHOWN BY THE INDEX.
(II) IF GENERAL FUND APPROPRIATIONS FOR HOSPITAL
REIMBURSEMENTS ARE REDUCED BELOW THE LEVEL OF APPROPRIATIONS
IN THE MEDICAL SERVICES PREMIUM LINE ITEM MADE FOR THE FISCAL
YEAR COMMENCING JULY 1, 2008, THE GENERAL FUND APPROPRIATIONS
WILL BE INCREASED BACK TO THE LEVEL OF APPROPRIATIONS IN THE
MEDICAL SERVICES PREMIUM LINE ITEM MADE FOR THE FISCAL YEAR
COMMENCING JULY 1, 2008, AT THE SAME PERCENTAGE AS THE
APPROPRIATIONS FOR OTHER PROVIDERS AS SHOWN BY THE INDEX. THE
GENERAL ASSEMBLY IS NOT OBLIGATED TO INCREASE THE GENERAL FUND
APPROPRIATIONS BACK TO THE LEVEL OF APPROPRIATIONS IN THE
MEDICAL SERVICES PREMIUM LINE ITEM IN A SINGLE FISCAL YEAR AND
SUCH INCREASES MAY OCCUR OVER NONCONSECUTIVE FISCAL YEARS.
(III) FOR PURPOSES OF THIS SUBSECTION (6)(a), THE "INDEX OF
APPROPRIATIONS TO OTHER PROVIDERS" OR "INDEX" MEANS THE AVERAGE
PERCENT CHANGE IN REIMBURSEMENT RATES THROUGH APPROPRIATIONS
OR LEGISLATION ENACTED BY THE GENERAL ASSEMBLY TO HOME HEALTH
PROVIDERS, PHYSICIAN SERVICES, AND OUTPATIENT PHARMACIES,
EXCLUDING DISPENSING FEES. THE STATE BOARD, AFTER CONSULTATION
WITH THE ENTERPRISE BOARD, IS AUTHORIZED TO CLARIFY THIS
DEFINITION AS NECESSARY BY RULE.
(b) IF THE REVENUE FROM THE HEALTHCARE AFFORDABILITY AND
SUSTAINABILITY FEE IS INSUFFICIENT TO FULLY FUND ALL OF THE
PURPOSES DESCRIBED IN SUBSECTION (5)(b) OF THIS SECTION:
(I) THE GENERAL ASSEMBLY IS NOT OBLIGATED TO APPROPRIATE
GENERAL FUND REVENUES TO FUND SUCH PURPOSES;
(II) THE HOSPITAL PROVIDER REIMBURSEMENT AND QUALITY
INCENTIVE PAYMENT INCREASES DESCRIBED IN SUBSECTIONS (5)(b)(I) TO
(5)(b)(III) OF THIS SECTION AND THE COSTS DESCRIBED IN SUBSECTION
(5)(b)(VI) OF THIS SECTION SHALL BE FULLY FUNDED USING REVENUE
FROM THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY FEE AND
FEDERAL MATCHING FUNDS BEFORE ANY ELIGIBILITY EXPANSION IS
FUNDED; AND
(III) (A) IF THE STATE BOARD PROMULGATES RULES THAT EXPAND
ELIGIBILITY FOR MEDICAL ASSISTANCE TO BE PAID FOR PURSUANT TO
SUBSECTION (5)(b)(IV) OF THIS SECTION, AND THE STATE DEPARTMENT
THEREAFTER NOTIFIES THE ENTERPRISE BOARD THAT THE REVENUE
AVAILABLE FROM THE HEALTHCARE AFFORDABILITY AND SUSTAINABILITY
FEE AND THE FEDERAL MATCHING FUNDS WILL NOT BE SUFFICIENT TO PAY
FOR ALL OR PART OF THE EXPANDED ELIGIBILITY, THE ENTERPRISE BOARD
SHALL RECOMMEND TO THE STATE BOARD REDUCTIONS IN MEDICAL
BENEFITS OR ELIGIBILITY SO THAT THE REVENUE WILL BE SUFFICIENT TO
PAY FOR ALL OF THE REDUCED BENEFITS OR ELIGIBILITY. AFTER
RECEIVING THE RECOMMENDATIONS OF THE ENTERPRISE BOARD, THE
STATE BOARD SHALL ADOPT RULES PROVIDING FOR REDUCED BENEFITS OR
REDUCED ELIGIBILITY FOR WHICH THE REVENUE WILL BE SUFFICIENT AND
SHALL FORWARD ANY ADOPTED RULES TO THE JOINT BUDGET COMMITTEE.
NOTWITHSTANDING THE PROVISIONS OF SECTION 24-4-103 (8) AND (12),
FOLLOWING THE ADOPTION OF RULES PURSUANT TO THIS SUBSECTION
(6)(b)(III)(A), THE STATE BOARD SHALL NOT SUBMIT THE RULES TO THE
ATTORNEY GENERAL AND SHALL NOT FILE THE RULES WITH THE
SECRETARY OF STATE UNTIL THE JOINT BUDGET COMMITTEE APPROVES
THE RULES PURSUANT TO SUBSECTION (6)(b)(III)(B) OF THIS SECTION.
(B) THE JOINT BUDGET COMMITTEE SHALL PROMPTLY CONSIDER
ANY RULES ADOPTED BY THE STATE BOARD PURSUANT TO SUBSECTION
(6)(b)(III)(A) OF THIS SECTION. THE JOINT BUDGET COMMITTEE SHALL
PROMPTLY NOTIFY THE STATE DEPARTMENT, THE STATE BOARD, AND THE
ENTERPRISE BOARD OF ANY ACTION ON THE RULES. IF THE JOINT BUDGET
COMMITTEE DOES NOT APPROVE THE RULES, THE JOINT BUDGET
COMMITTEE SHALL RECOMMEND A REDUCTION IN BENEFITS OR
ELIGIBILITY SO THAT THE REVENUE FROM THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE AND THE MATCHING FEDERAL
FUNDS WILL BE SUFFICIENT TO PAY FOR THE REDUCED BENEFITS OR
ELIGIBILITY. AFTER APPROVING THE RULES PURSUANT TO THIS
SUBSECTION (6)(b)(III)(B), THE JOINT BUDGET COMMITTEE SHALL
REQUEST THAT THE COMMITTEE ON LEGAL SERVICES, CREATED PURSUANT
TO SECTION 2-3-501, EXTEND THE RULES AS PROVIDED FOR IN SECTION
24-4-103 (8) UNLESS THE COMMITTEE ON LEGAL SERVICES FINDS AFTER
REVIEW THAT THE RULES DO NOT CONFORM WITH SECTION 24-4-103
(8)(a).
(C) AFTER THE STATE BOARD HAS RECEIVED NOTIFICATION OF THE
APPROVAL OF RULES ADOPTED PURSUANT TO SUBSECTION (6)(b)(III)(A)
OF THIS SECTION, THE STATE BOARD SHALL SUBMIT THE RULES TO THE
ATTORNEY GENERAL PURSUANT TO SECTION 24-4-103 (8)(b) AND SHALL
FILE THE RULES AND THE OPINION OF THE ATTORNEY GENERAL WITH THE
SECRETARY OF STATE PURSUANT TO SECTION 24-4-103 (12) AND WITH
THE OFFICE OF LEGISLATIVE LEGAL SERVICES. PURSUANT TO SECTION
24-4-103 (5), THE RULES ARE EFFECTIVE TWENTY DAYS AFTER
PUBLICATION OF THE RULES AND ARE ONLY EFFECTIVE UNTIL THE
FOLLOWING MAY 15 UNLESS THE RULES ARE EXTENDED PURSUANT TO A
BILL ENACTED PURSUANT TO SECTION 24-4-103 (8).
(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
IF, AFTER RECEIPT OF AUTHORIZATION TO RECEIVE FEDERAL MATCHING
FUNDS FOR MONEY IN THE FUND, THE AUTHORIZATION IS WITHDRAWN OR
CHANGED SO THAT FEDERAL MATCHING FUNDS ARE NO LONGER
AVAILABLE, THE ENTERPRISE SHALL CEASE COLLECTING THE HEALTHCARE
AFFORDABILITY AND SUSTAINABILITY FEE AND SHALL REPAY TO THE
HOSPITALS ANY MONEY RECEIVED BY THE FUND THAT IS NOT SUBJECT TO
FEDERAL MATCHING FUNDS.
(7) Colorado healthcare affordability and sustainability
enterprise board. (a) (I) EXCEPT AS OTHERWISE PROVIDED IN
SUBSECTION (7)(a)(II) OF THIS SECTION, THE ENTERPRISE BOARD CONSISTS
OF THIRTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH THE ADVICE
AND CONSENT OF THE SENATE, AS FOLLOWS:
(A) FIVE MEMBERS WHO ARE EMPLOYED BY HOSPITALS IN
COLORADO, INCLUDING AT LEAST ONE PERSON WHO IS EMPLOYED BY A
HOSPITAL IN A RURAL AREA, ONE PERSON WHO IS EMPLOYED BY A
SAFETY-NET HOSPITAL FOR WHICH THE PERCENT OF MEDICAID-ELIGIBLE
INPATIENT DAYS RELATIVE TO ITS TOTAL INPATIENT DAYS IS EQUAL TO OR
GREATER THAN ONE STANDARD DEVIATION ABOVE THE MEAN, AND ONE
PERSON WHO IS EMPLOYED BY A HOSPITAL IN AN URBAN AREA;
(B) ONE MEMBER WHO IS A REPRESENTATIVE OF A STATEWIDE
ORGANIZATION OF




BILL SB17-269


Short Title: Retail Liquor Store Sales Revenue Nonalcohol Goods
Sponsors: V. Marble | I. Aguilar / H. McKean | F. Winter

Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products.

The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/29/2017 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2017 Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
4/17/2017 Senate Second Reading Special Order - Laid Over Daily - No Amendments
4/18/2017 Senate Second Reading Laid Over Daily - No Amendments
4/19/2017 Senate Second Reading Passed with Amendments - Committee
4/20/2017 Senate Third Reading Passed - No Amendments
4/20/2017 Introduced In House - Assigned to Business Affairs and Labor
4/25/2017 House Committee on Business Affairs and Labor Refer Unamended to House Committee of the Whole
4/27/2017 House Second Reading Special Order - Passed - No Amendments
4/28/2017 House Third Reading Passed - No Amendments
5/11/2017 Sent to the Governor
5/11/2017 Signed by the Speaker of the House
5/11/2017 Signed by the President of the Senate
6/5/2017 Governor Signed

Amendment

Senate Journal, April 13
After consideration on the merits, the Committee recommends that SB17-269 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 7, after "liquors" insert "IN SEALED
CONTAINERS FOR CONSUMPTION OFF THE PREMISES".

Page 2, line 9, strike "store's" and substitute "store's STORE
ESTABLISHMENT'S".

Page 2, line 10, strike "SPECIFIED IN" and substitute "DETERMINED IN
ACCORDANCE WITH".

Page 2, line 20, strike "AND".

Page 2, line 22, strike "18-13-121 (5)." and substitute "18-13-121 (5);
(III) ICE, SOFT DRINKS, AND MIXERS; AND
(IV) NONFOOD ITEMS RELATED TO THE CONSUMPTION OF MALT,
VINOUS, OR SPIRITUOUS LIQUORS.".


Business,
Labor, &
Technology




BILL SB17-303


Short Title: State Highway System Funding And Financing
Sponsors: J. Cooke | T. Neville / C. Wist | P. Neville

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects.

Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.
(Note: This summary applies to this bill as introduced.)



Status
4/27/2017 Introduced In Senate - Assigned to Finance
5/2/2017 Senate Committee on Finance Refer Amended to Appropriations
5/5/2017 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee

Amendment

Senate Journal, May 3
After consideration on the merits, the Committee recommends that SB17-303 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 5, strike lines 11 and 12 and substitute:

"SECTION 2. In Colorado Revised Statutes, 24-75-219, amend
as added by Senate Bill 17-262 (2)(c.3); repeal (1)(c), (2)(a), and
(2)(d); repeal as added by Senate Bill 17-262 (2)(c.7)(I); and add
(2)(c.2); as follows:
24-75-219. Transfers - transportation - capital construction
- definitions. (1) As used in this section, unless the context otherwise
requires:
(c) "Funds" means the highway users tax fund and the capital
construction fund.
(2) (a) On June 30, 2016, the state treasurer shall transfer:
(I) One hundred ninety-nine million two hundred thousand
dollars from the general fund to the highway users tax fund; and
(II) Forty-nine million eight hundred thousand dollars from the
general fund to the capital construction fund.
(c.2) ON JUNE 30, 2019, THE STATE TREASURER SHALL TRANSFER
SIXTY MILLION DOLLARS FROM THE GENERAL FUND TO THE CAPITAL
CONSTRUCTION FUND."
(c.3) On June 30 2019, OF EACH YEAR FROM 2019 THROUGH 2038,
the state treasurer shall transfer: TRANSFER ONE HUNDRED SIXTY MILLION
DOLLARS FROM THE GENERAL FUND TO THE HIGHWAY USERS TAX FUND.
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(II) Sixty million dollars from the general fund to the capital
construction fund.
(c.7) On June 30, 2020, the state treasurer shall transfer:
(I) One hundred sixty million dollars from the general fund to the
highway users tax fund; and
(d) For each state fiscal year beginning on or after July 1, 2020,
the general assembly may appropriate or transfer, in its sole discretion,
moneys from the general fund to the highway users tax fund, the capital
construction fund, or both funds.".

Page 6, line 11, strike "TEN" and substitute "FIVE".

Page 6, line 13, strike "FIVE" and substitute "TEN".

Page 6, after line 24 insert:

"SECTION 5. In Colorado Revised Statutes, 42-3-107, amend
(2), (7), (8)(a), (8)(b)(I), (8)(b)(III), (10)(a), (10)(b)(I), (10)(b)(III),
(10)(b)(IV), (13), and (15)(e); and add (2.5), (7.5), (8)(a.5), (10)(a.5),
and (15)(e.5) as follows:
42-3-107. Taxable value of classes of property - rate of tax -
when and where payable - department duties - apportionment of tax
collections - definitions - rules - repeal. (2) BEFORE JULY 1, 2018, the
annual specific ownership tax payable on every item of Class A personal
property shall be IS computed in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value or $10,
whichever is greater
Tenth and each later year $ 3
(2.5) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2.5)(b)
OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE ANNUAL SPECIFIC
OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS A PERSONAL
PROPERTY IS COMPUTED IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE OR
$10, WHICHEVER IS GREATER
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(b) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (2.5)(a) OF THIS SECTION, ON AND AFTER JULY
1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN ITEM OF
CLASS A PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM WAS
REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF SERVICE
AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (2.5)(b) AND HAS NOT, ON
OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (2.5)(b), BEEN NEWLY
REGISTERED IN THE STATE AFTER PREVIOUSLY BEING REGISTERED IN
ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN SOLD OR
TRANSFERRED.
(7) WITH RESPECT TO SPECIFIC OWNERSHIP TAXES COLLECTED
BEFORE JULY 1, 2018, the department shall transmit all specific
ownership taxes collected on items of Class A and Class F personal
property to the state treasurer and shall advise the treasurer on the last
day of each month of the amounts apportioned to each county from the
preceding month's collections. The state treasurer shall pay such THE
amounts to the respective treasurers of each county.
(7.5) WITH RESPECT TO SPECIFIC OWNERSHIP TAXES COLLECTED
ON OR AFTER JULY 1, 2018, THE DEPARTMENT SHALL TRANSMIT ALL
SPECIFIC OWNERSHIP TAXES COLLECTED ON ITEMS OF CLASS A, CLASS B,
CLASS C, CLASS D, AND CLASS F PERSONAL PROPERTY TO THE STATE
TREASURER AND SHALL ADVISE THE STATE TREASURER ON THE LAST DAY
OF EACH MONTH OF BOTH THE AMOUNTS ACTUALLY APPORTIONED TO
EACH COUNTY FROM THE PRECEDING MONTH'S COLLECTIONS PURSUANT
TO SUBSECTIONS (2.5), (8)(a.5), (10)(a.5), AND (15)(e.5) OF THIS SECTION
AND THE AMOUNTS THAT WOULD HAVE BEEN APPORTIONED TO EACH
COUNTY FROM THE PRECEDING MONTH'S COLLECTIONS UNDER
SUBSECTIONS (2), (8)(a), (10)(a), AND (15)(e) OF THIS SECTION IF THE
SPECIFIC OWNERSHIP TAX SCHEDULES SET FORTH IN THOSE SUBSECTIONS
HAD CONTINUED TO APPLY ON AND AFTER JULY 1, 2018. THE STATE
TREASURER SHALL PAY THE AMOUNTS THAT WOULD HAVE BEEN
APPORTIONED TO EACH COUNTY UNDER SUBSECTIONS (2), (8)(a), (10)(a),
AND (15)(e) OF THIS SECTION IF THE SPECIFIC OWNERSHIP TAX SCHEDULES
SET FORTH IN THOSE SUBSECTIONS HAD CONTINUED TO APPLY ON AND
AFTER JULY 1, 2018, TO EACH COUNTY AND SHALL CREDIT ALL
REMAINING SPECIFIC OWNERSHIP TAXES TO THE HIGHWAY USERS TAX
FUND CREATED IN SECTION 43-4-201 (1)(a) FOR ALLOCATION AS SPECIFIED
IN SECTION 43-4-205 (6.8).
(8) (a) Except as OTHERWISE provided in paragraph (b) of this
subsection (8) SUBSECTION (8)(b) OF THIS SECTION, BEFORE JULY 1, 2018,
the annual specific ownership tax payable on every item of Class B
personal property is:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value or $10,
whichever is greater
Tenth and each later year $ 3
(a.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS
(8)(a.5)(II) AND (8)(b) OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE
ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS B
PERSONAL PROPERTY IS:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE OR
$10, WHICHEVER IS GREATER
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (8)(a.5)(I) OF THIS SECTION, ON AND AFTER
JULY 1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN
ITEM OF CLASS B PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM
WAS REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF
SERVICE AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (8)(a.5)(II) AND
HAS NOT, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(8)(a.5)(II), BEEN NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY
BEING REGISTERED IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN
SOLD OR TRANSFERRED.
(b) (I) In lieu of paying the specific ownership tax required in
paragraph (a) of this subsection (8) BY SUBSECTION (8)(a) OR (8)(a.5) OF
THIS SECTION, an owner who qualifies may pay ownership tax under this
paragraph (b) SUBSECTION (8)(b). The specific ownership tax payable on
Class B personal property under sixteen thousand pounds empty weight
is one dollar for each full year while the owner is a member of the United
States armed forces and has orders to serve outside the United States. If
the owner serves less than a full year outside the United States, the tax is
the amount established by paragraph (a) of this subsection (8)
SUBSECTION (8)(a) OR (8)(a.5) OF THIS SECTION, prorated according to the
number of months the owner was in the United States.
(III) If a person has already paid taxes at the rate required in
paragraph (a) of this subsection (8) BY SUBSECTION (8)(a) OR (8)(a.5) OF
THIS SECTION but is eligible to pay taxes under this paragraph (b)
SUBSECTION (8)(b), the department shall credit the person the difference
between the rate in paragraph (a) of this subsection (8) SUBSECTION (8)(a)
OR (8)(a.5) OF THIS SECTION and the prorated rate imposed in this
paragraph (b) SUBSECTION (8)(b) towards the person's specific ownership
taxes for succeeding years.
(10) (a) Except as OTHERWISE provided in paragraph (b) of this
subsection (10) SUBSECTION (10)(b) OF THIS SECTION, BEFORE JULY 1,
2018, the annual specific ownership tax payable on every item of Class
C personal property is:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value
Tenth and each later year $ 3
(a.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS
(10)(a.5)(II) AND (10)(b) OF THIS SECTION, ON AND AFTER JULY 1, 2018,
THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF
CLASS C PERSONAL PROPERTY IS:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (10)(a.5)(I) OF THIS SECTION, ON AND AFTER
JULY 1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN
ITEM OF CLASS C PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM
WAS REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF
SERVICE AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (10)(a.5)(II)
AND HAS NOT, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(10)(a.5)(II), BEEN NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY
BEING REGISTERED IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN
SOLD OR TRANSFERRED.
(b) (I) In lieu of paying the specific ownership tax required in
paragraph (a) of this subsection (10) BY SUBSECTION (10)(a) OF THIS
SECTION, an owner who qualifies may pay ownership tax under this
paragraph (b) SUBSECTION (10)(b). The specific ownership tax payable
on Class C personal property is one dollar for each full year while the
owner is a member of the United States armed forces and has orders to
serve outside the United States. If the owner serves less than a full year
outside the United States, the tax is the amount established by paragraph
(a) of this subsection (10) SUBSECTION (10)(a) OR (10)(a.5) OF THIS
SECTION, prorated according to the number of months the owner was in
the United States.
(III) If a person has already paid taxes at the rate required in
paragraph (a) of this subsection (10) SUBSECTION (10)(a) OR (10)(a.5) OF
THIS SECTION, but is eligible to pay taxes under this paragraph (b)
SUBSECTION (10)(b), the department shall credit the person the difference
between the rate in paragraph (a) of this subsection (10) SUBSECTION
(10)(a) OR (10)(a.5) OF THIS SECTION and the prorated rate imposed in this
paragraph (b) SUBSECTION (10)(b) towards the person's specific
ownership taxes for succeeding years.
(IV) This paragraph (b) SUBSECTION (10)(b) only applies to a
motor vehicle that is less than ten TWENTY-FIVE model-years old.
(13) (a) BEFORE JULY 1, 2018, the annual specific ownership tax
payable on every item of Class D personal property shall be computed in
accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value
Tenth and each later year .45% of taxable value or $ 3,
whichever is greater
(b) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(13)(b)(II) OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE ANNUAL
SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS D
PERSONAL PROPERTY SHALL BE COMPUTED IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.20% OF TAXABLE VALUE
FOURTH YEAR .90% OF TAXABLE VALUE
FIFTH THROUGH NINTH YEARS .45% OF TAXABLE VALUE
TENTH THROUGH
FOURTEENTH YEARS .35% OF TAXABLE VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (13)(b)(I) OF THIS SECTION, ON AND AFTER JULY
1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN ITEM OF
CLASS D PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM WAS
REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF SERVICE
AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (13)(b)(II) AND HAS NOT,
ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (13)(b)(II), BEEN
NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY BEING REGISTERED
IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN SOLD OR
TRANSFERRED.
(15) (e) BEFORE JULY 1, 2018, the annual specific ownership tax
payable on each item of Class F personal property shall be IS computed
in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.25% of taxable value
Fourth year 1.00% of taxable value
Fifth year .75% of taxable value
Sixth and each later year .50% of taxable value,
but not less than $5
(e.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION
(15)(e.5)(II) OF THIS SECTION, ON AND AFTER JULY 1, 2018, THE ANNUAL
SPECIFIC OWNERSHIP TAX PAYABLE ON EVERY ITEM OF CLASS F PERSONAL
PROPERTY IS:
YEAR OF SERVICE RATE OF TAX
FIRST YEAR 2.10% OF TAXABLE VALUE
SECOND YEAR 1.50% OF TAXABLE VALUE
THIRD YEAR 1.25% OF TAXABLE VALUE
FOURTH YEAR 1.00% OF TAXABLE VALUE
FIFTH YEAR .75% OF TAXABLE VALUE
SIXTH THROUGH NINTH
YEARS .50% OF TAXABLE VALUE
BUT NOT LESS THAN $5
TENTH THROUGH
FOURTEENTH YEARS .35 % OF TAXABLE
VALUE
FIFTEENTH THROUGH
NINETEENTH YEARS .25% OF TAXABLE VALUE
TWENTIETH THROUGH
TWENTY-FOURTH YEARS .20% OF TAXABLE VALUE
TWENTY-FIFTH YEAR AND
EACH LATER YEAR $ 3
(II) NOTWITHSTANDING THE SPECIFIC OWNERSHIP TAX SCHEDULE
SPECIFIED IN SUBSECTION (15)(e.5)(I) OF THIS SECTION, ON AND AFTER
JULY 1, 2018, THE ANNUAL SPECIFIC OWNERSHIP TAX PAYABLE ON AN
ITEM OF CLASS F PERSONAL PROPERTY IS THREE DOLLARS IF THE ITEM
WAS REGISTERED AS BEING IN ITS TENTH YEAR OR A LATER YEAR OF
SERVICE AS OF THE EFFECTIVE DATE OF THIS SUBSECTION (15)(e.5)(II)
AND HAS NOT, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(15)(e.5)(II), BEEN NEWLY REGISTERED IN THE STATE AFTER PREVIOUSLY
BEING REGISTERED IN ANOTHER STATE OR A FOREIGN COUNTRY OR BEEN
SOLD OR TRANSFERRED.".

Renumber succeeding sections accordingly.

Page 7, after line 13 insert:

"SECTION 7. In Colorado Revised Statutes, 43-4-205, amend
(6.5)(a); and add (6.8) as follows:
43-4-205. Allocation of fund. (6.5) (a) The revenues REVENUE
accrued to and transferred to the highway users tax fund pursuant to
section 39-26-123 (4)(a) or 24-75-219, C.R.S., or appropriated to the
highway users tax fund pursuant to House Bill 02-1389, enacted during
the second regular session of the sixty-third general assembly, shall be
paid to the state highway fund for allocation to the department of
transportation and shall be expended as provided in section 43-4-206 (2);
(6.8) (a) SUBJECT TO THE LIMITATION SET FORTH IN SUBSECTION
(6.8)(b) OF THIS SECTION, SPECIFIC OWNERSHIP TAX REVENUE CREDITED
TO THE HIGHWAY USERS TAX FUND PURSUANT TO SECTION 42-3-107 (7.5)
IS ALLOCATED AS FOLLOWS:
(I) SUBJECT TO ANNUAL ALLOCATION BY THE TRANSPORTATION
COMMISSION PURSUANT TO SECTION 43-1-113 AND IN ACCORDANCE WITH
SECTION 43-4-705 (13)(b)(II), FOR ANY FISCAL YEAR FOR WHICH ONE OR
MORE PAYMENTS ARE DUE ON TRANSPORTATION REVENUE ANTICIPATION
NOTES ISSUED PURSUANT TO SECTION 43-4-705 (13)(b), THE FIRST
SEVENTY-FIVE MILLION DOLLARS OF THE SPECIFIC OWNERSHIP TAX
REVENUE IS INITIALLY PAID TO THE STATE HIGHWAY FUND AND USED, TO
THE EXTENT NECESSARY, FOR THE SOLE PURPOSE OF ENSURING THAT THE
PAYMENTS DUE ARE MADE IN FULL. ANY OF THE SPECIFIC OWNERSHIP TAX
REVENUE NOT USED TO MAKE THE PAYMENTS MUST BE CREDITED BACK TO
THE HIGHWAY USERS TAX FUND AND ALLOCATED TO THE STATE HIGHWAY
FUND, COUNTIES, AND MUNICIPALITIES FOR EXPENDITURE IN ACCORDANCE
WITH THE FORMULA SPECIFIED IN SUBSECTION (6)(b) OF THIS SECTION.
(II) ANY SPECIFIC OWNERSHIP TAX REVENUE THAT IS NOT PAID TO
THE STATE HIGHWAY FUND FOR THE PURPOSE OF MAKING
TRANSPORTATION REVENUE ANTICIPATION NOTE PAYMENTS PURSUANT TO
SUBSECTION (6.8)(a)(I) OF THIS SECTION IS ALLOCATED TO THE STATE
HIGHWAY FUND, COUNTIES, AND MUNICIPALITIES FOR EXPENDITURE IN
ACCORDANCE WITH THE FORMULA SPECIFIED IN SUBSECTION (6)(b) OF
THIS SECTION.
(b) SPECIFIC OWNERSHIP TAX REVENUE THAT IS ALLOCATED
PURSUANT TO SUBSECTION (6.8)(a) OF THIS SECTION SHALL NOT BE USED
TO FUND ANY TOLL HIGHWAY PROJECT.".

Renumber succeeding sections accordingly.

Page 7, line 23, after "REVENUE" insert "TRANSFERRED TO THE HIGHWAY
USERS TAX FUND PURSUANT TO SECTION 24-75-219 AND PAID TO THE
STATE HIGHWAY FUND PURSUANT TO SECTION 43-4-205 (6.5)(a) OR".

Page 8, line 5, after "REVENUE" insert "TRANSFERRED TO THE HIGHWAY
USERS TAX FUND PURSUANT TO SECTION 24-75-219 AND PAID TO THE
STATE HIGHWAY FUND PURSUANT TO SECTION 43-4-205 (6.5)(a) OR".

Page 8, after line 24 insert:

"SECTION 9. In Colorado Revised Statutes, 43-4-207, amend
(1), (2) introductory portion, and (2)(b) introductory portion as follows:
43-4-207. County allocation. (1) After paying the costs of the
Colorado state patrol and such ANY other costs of the department,
exclusive of highway construction, highway improvements, or highway
maintenance, as THAT are appropriated by the general assembly,
twenty-six percent of the balance of the highway users tax fund THE
REVENUE REQUIRED BY SECTION 43-4-205 TO BE ALLOCATED FROM THE
HIGHWAY USERS TAX FUND TO COUNTIES shall be paid to the county
treasurers of the respective counties, subject to annual appropriation by
the general assembly, and shall be allocated and expended as provided in
this section. The moneys thus MONEY received PURSUANT TO SECTION
43-4-205 (6.8) SHALL BE ALLOCATED TO COUNTIES AS PROVIDED BY LAW
AND SHALL BE EXPENDED FOR ANY TRANSPORTATION-RELATED PURPOSE
AND ALL OTHER MONEY RECEIVED shall be allocated to the counties as
provided by law and shall be expended by the counties only on the
construction, engineering, reconstruction, maintenance, repair,
equipment, improvement, and administration of the county highway
systems and any other public highways, including any state highways,
together with acquisition of rights-of-way and access rights for the same,
for the planning, designing, engineering, acquisition, installation,
construction, repair, reconstruction, maintenance, operation, or
administration of transit-related projects, including, but not limited to,
designated bicycle or pedestrian lanes of highway and infrastructure
needed to integrate different transportation modes within a multimodal
transportation system, and for no other purpose; except that a county may
expend no more than fifteen percent of the total amount expended under
this subsection (1) for transit-related operational purposes and except that
moneys MONEY received pursuant to section 43-4-205 (6.3) shall be
expended by the counties only for road safety projects, as defined in
section 43-4-803 (21). The amount to be expended for administrative
purposes shall not exceed five percent of each county's share of the funds
available.
(2) For the fiscal year commencing July 1, 1989, and each fiscal
year thereafter, for the purpose of allocating moneys MONEY in the
highway users tax fund to the various counties throughout the state, the
following method is hereby adopted:
(b) All moneys MONEY credited to the fund in excess of eighty-six
million seven hundred thousand dollars shall be AND ALL MONEY
CREDITED TO THE FUND PURSUANT TO SECTION 43-4-205 (6.8) THAT IS
REQUIRED BY SUBSECTION (1) OF THIS SECTION TO BE PAID TO THE
TREASURERS OF THE RESPECTIVE COUNTIES IS allocated to the counties in
the following manner:
SECTION 10. In Colorado Revised Statutes, 43-4-208, amend
(1), (2) introductory portion, (2)(a), and (6)(a) as follows:
43-4-208. Municipal allocation. (1) After paying the costs of
the Colorado state patrol and such ANY other costs of the department,
exclusive of highway construction, highway improvements, or highway
maintenance, as THAT are appropriated by the general assembly, and
making allocation as provided by sections 43-4-206 and 43-4-207, the
remaining nine percent of the highway users tax fund THE REVENUE
REQUIRED BY SECTION 43-4-205 TO BE ALLOCATED FROM THE HIGHWAY
USERS TAX FUND TO MUNICIPALITIES shall be paid to the cities and
incorporated towns within the limits of the respective counties, subject
to annual appropriation by the general assembly, and shall be allocated
and expended as provided in this section. Each city treasurer shall
account for the moneys thus MONEY received as provided in this part 2.
Moneys MONEY RECEIVED PURSUANT TO SECTION 43-4-205 (6.8) AND SO
ALLOCATED SHALL BE EXPENDED FOR ANY TRANSPORTATION-RELATED
PURPOSE AND ALL OTHER MONEY RECEIVED AND so allocated shall be
expended by the cities and incorporated towns for the construction,
engineering, reconstruction, maintenance, repair, equipment,
improvement, and administration of the system of streets of such city or
incorporated town or of any public highways located within such city or
incorporated town, including any state highways, together with the
acquisition of rights-of-way and access rights for the same, and for the
planning, designing, engineering, acquisition, installation, construction,
repair, reconstruction, maintenance, operation, or administration of
transit-related projects, including, but not limited to, designated bicycle
or pedestrian lanes of highway and infrastructure needed to integrate
different transportation modes within a multimodal transportation system,
and for no other purpose; except that a city or an incorporated town may
expend no more than fifteen percent of the total amount expended under
this subsection (1) for transit-related operational purposes and except that
moneys MONEY paid to the cities and incorporated towns pursuant to
section 43-4-205 (6.3) shall be expended by the cities and incorporated
towns only for road safety projects, as defined in section 43-4-803 (21).
The amount to be expended for administrative purposes shall not exceed
five percent of each city's share of the funds available.
(2) For the purpose of allocating moneys MONEY in the highway
users tax fund to the various cities and incorporated towns throughout the
state, the following method is adopted:
(a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (6) OF THIS
SECTION, eighty percent shall be allocated to the cities and incorporated
towns in proportion to the adjusted urban motor vehicle registration in
each city and incorporated town. The term "urban motor vehicle
registration" includes all passenger, truck, truck-tractor, and motorcycle
registrations. The number of registrations used in computing the
percentage shall be those certified to the state treasurer by the department
of revenue as constituting the urban motor vehicle registration for the last
preceding year. The adjusted registration shall be computed by applying
a factor to the actual number of such registrations to reflect the increased
standards and costs of construction resulting from the concentration of
vehicles in cities and incorporated places. For this purpose the following
table of actual registration numbers and factors shall be employed:
Actual registrations Factor
1 -- 500 1.0
501 -- 1,250 1.1
1,251 -- 2,500 1.2
2,501 -- 5,000 1.3
5,001 -- 12,500 1.4
12,501 -- 25,000 1.5
25,001 -- 50,000 1.6
50,001 -- 85,000 1.7
85,001 -- 130,000 1.8
130,001 -- 185,000 1.9
185,001 and over 2.0
(6) (a) In addition to the provisions of subsection (2)(a) of this
section, on or after July 1, 1979, eighty percent of all additional funds
MONEY becoming available to cities and incorporated towns from the
highway users tax fund pursuant to sections 24-75-215 C.R.S., and
43-4-205 (6)(b)(III) AND, ON AND AFTER JANUARY 1, 2018, EIGHTY
PERCENT OF THE MONEY CREDITED TO THE HIGHWAY USERS TAX FUND AS
REQUIRED BY SECTION 43-4-205 (6.8) THAT IS REQUIRED BY SUBSECTION
(1) OF THIS SECTION TO BE PAID TO THE CITIES AND INCORPORATED TOWNS
WITHIN THE LIMITS OF THE RESPECTIVE COUNTIES shall be allocated to the
cities and incorporated towns in proportion to the adjusted urban motor
vehicle registration in each city and incorporated town. The term "urban
motor vehicle registration", as used in this section, includes all passenger,
truck, truck-tractor, and motorcycle registrations. The number of
registrations used in computing the percentage shall be those certified to
the state treasurer by the department of revenue as constituting the urban
motor vehicle registration for the last preceding year. The adjusted
registration shall be computed by applying a factor to the actual number
of such registrations to reflect the increased standards and costs of
construction resulting from the concentration of vehicles in cities and
incorporated places. For this purpose the following table of actual
registration numbers and factors shall be employed:
Actual registrations Factor
1 -- 500 1.0
501 -- 1,250 1.1
1,251 -- 2,500 1.2
2,501 -- 5,000 1.3
5,001 -- 12,500 1.4
12,501 -- 25,000 1.5
25,001 -- 50,000 1.6
50,001 -- 85,000 1.7
85,001 -- 125,000 1.8
125,001 -- 165,000 1.9
165,001 -- 205,000 2.0
205,001 -- 245,000 2.1
245,001 -- 285,000 2.2
285,001 -- 325,000 2.3
325,001 -- 365,000 2.4
365,001 -- 405,000 2.5
405,001 -- 445,000 2.6
445,001 -- 485,000 2.7
485,001 -- 525,000 2.8
525,001 -- 565,000 2.9
565,001 -- 605,000 3.0".

Renumber succeeding sections accordingly.

Page 9, line 12, strike "THREE AND ONE-HALF" and substitute "FOUR".

Page 9, line 13 and 14, strike "FIVE AND ONE-HALF BILLION" and
substitute "SIX BILLION THREE HUNDRED MILLION".

Page 10, strike lines 1 and 2 and substitute "BE SUFFICIENT, TOGETHER
WITH SPECIFIC OWNERSHIP TAX REVENUE MADE AVAILABLE FOR NOTE
PAYMENTS PURSUANT TO SECTION 43-4-205 (6.8) AND AMOUNTS
ALLOCATED FROM THE STATE HIGHWAY FUND FOR PAYMENT OF".

Page 10, line 3, strike "39-26-123 (3.2)," and substitute "39-26-123 (3.2)
AND 43-4-206 (2)(a),".

Page 10, line 5, strike "(III) THE" and substitute "(III) (A) EXCEPT AS
OTHERWISE PROVIDED IN SUBSECTION (13)(b)(III)(B) OF THIS SECTION,
THE".

Page 10, strike lines 8 and 9.

Page 10, line 10, strike "COST OF $5,500,000,000," and substitute "ISSUE:
"SHALL STATE TAXES BE INCREASED _____ DOLLARS BY MODIFICATION
OF THE RATES OF SPECIFIC OWNERSHIP TAX IMPOSED ON PERSONAL
PROPERTY, INCLUDING MOTOR VEHICLES, COMMERCIAL TRAILERS, AND
SPECIAL MOBILE MACHINERY THAT IS AT LEAST TEN YEARS BUT LESS
THAN TWENTY-FIVE YEARS OLD, SHALL STATE OF COLORADO DEBT BE
INCREASED UP TO $4,000,000,000, WITH A MAXIMUM REPAYMENT COST
OF $6,300,000,000,".

Page 10, line 15, strike "NOTE".

Page 10, strike lines 16 and 17 and substitute "THE STATE BE ALLOWED
TO COLLECT, RETAIN, AND SPEND ALL TAX REVENUE GENERATED BY THE
SPECIFIC OWNERSHIP TAX RATE MODIFICATIONS, NOTE PROCEEDS, AND
INVESTMENT EARNINGS AS VOTER-APPROVED REVENUE CHANGES
NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW?"
(B) IN ORDER TO PROVIDE THE VOTERS OF THE STATE WITH THE
MOST CURRENT ESTIMATE OF THE FISCAL IMPACT OF THE STATE TAX
INCREASE DESCRIBED IN THE BALLOT ISSUE SUBMITTED FOR THEIR
CONSIDERATION PURSUANT TO SUBSECTION (13)(b)(III)(A) OF THIS
SECTION AND TO AVOID ANY VOTER CONFUSION THAT COULD RESULT
FROM A DIFFERENCE BETWEEN THE AMOUNT OF THE TAX INCREASE
SPECIFIED IN THE BALLOT ISSUE AND THE UPDATED ESTIMATE OF THE
FISCAL IMPACT OF THE STATE TAX INCREASE PROVIDED IN THE BALLOT
INFORMATION BOOKLET PREPARED PURSUANT TO SECTION 1-40-124.5 BY
THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL AS REQUIRED
BY SECTION 1-40-124.5 (1.5), THE SECRETARY OF STATE, BEFORE
FINALIZING THE BALLOT FOR THE 2017 STATEWIDE ELECTION, SHALL
UPDATE THE AMOUNT OF THE TAX INCREASE SPECIFIED IN THE BALLOT
ISSUE TO MATCH THE UPDATED ESTIMATE PROVIDED IN THE BALLOT
INFORMATION BOOKLET. THE DIRECTOR OF RESEARCH OF THE
LEGISLATIVE COUNCIL SHALL PROVIDE THE UPDATED ESTIMATE TO THE
SECRETARY OF STATE AS SOON AS IT IS APPROVED FOR INCLUSION IN THE
BALLOT INFORMATION BOOKLET.".

Page 12, line 13, strike "MANAGED" and substitute "ADDITIONAL".

Page 12, line 20, strike "TOLLED EXPRESS LANES".

Page 12, strike line 21.

Page 12, line 22, strike "END AT" and substitute "ADDITION OF LANES
FROM".

Page 17, line 8, strike "OR194.5." and substitute "OR 194.5.".

Page 21, line 11, strike "TOLLED EXPRESS".

Page 25, line 3, strike "6" and substitute "8".

Page 25, after line 3 insert:

"(3) Sections 5, 9, and 10 of this act and section 43-4-205 (6.8),
as enacted in section 7 of this act, take effect only if, at the November
2017 statewide election, a majority of voters approve the ballot issue
submitted pursuant to section 43-4-705 (13)(b), Colorado Revised
Statutes, as enacted in section 11 of this act, and, in such case, sections
5, 9, and 10 of this act and section 43-4-205 (6.8), as enacted in section
7 of this act, take effect on the date of the official declaration of the vote
thereon by the governor.".

Page 1, strike line 101 and substitute "CONCERNING AN INCREASE IN
TRANSPORTATION FUNDING WITHOUT INCREASING THE STATE SALES
AND USE TAX RATE WITH SUCH FUNDING BEING USED PRIMARILY TO
REPAY TRANSPORTATION REVENUE ANTICIPATION NOTES ISSUED TO
ACCELERATE THE CONSTRUCTION OF CRITICAL STATE HIGHWAY AND
BRIDGE IMPROVEMENTS ACROSS THE STATE AND WITH FUNDS NOT
NEEDED FOR BOND PAYMENTS BEING PAID TO THE STATE HIGHWAY
FUND FOR HIGHWAY PURPOSES OR HIGHWAY-RELATED CAPITAL
IMPROVEMENTS.".

Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-303 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 24, after line 27 insert:

"SECTION 13. Appropriation. For the 2017-18 state fiscal
year, $5,000 is appropriated to the department of revenue. This
appropriation is from the general fund. To implement this act, the divison
may use this appropriation for tax administration IT system (GenTax)
support.".

Renumber succeeding sections accordingly.

Amend the Senate Finance Committee Report, dated May 2, 2017, page
16, strike line 14 and substitute "IMPROVEMENTS, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATION.".".


Appro-
priations

Senate Journal, May 9
SB17-303 by Senator(s) Neville T. and Cooke, Gardner, Holbert, Marble, Priola, Scott, Smallwood,
Tate; also Representative(s) Neville P. and Wist, Buck, Carver, Everett, Humphrey,
Leonard, McKean, Navarro, Nordberg, Ransom, Saine, Van Winkle, Wilson--Concerning
the funding of the state highway system.


Senator Zenzinger moved to amend the Report of the Committee of the Whole to show
that the following Zenzinger floor amendment, (L.017) to SB17-303, did pass.

Amend the Finance Committee Report, dated May 2, 2017, page 2, strike
lines 8 through 37.

Strike pages 3 through 9.

Page 10, strike lines 1 through 7.

Page 10, strike lines 14 through 36.

Strike pages 11 through 14.

Page 15, strike lines 1 through 20.

Page 15, strike lines 28 through 32.

Page 16, strike lines 1 through 5.


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 was lost on the following roll
call vote:

YES 17 NO 18 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott N
Baumgardner N Gardner N Lambert N Smallwood N
Cooke N Guzman Y Lundberg N Sonnenberg N
Coram N Hill N Marble N Tate N
Court Y Holbert N Martinez Humenik N Todd Y
Crowder N Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. N President N
Fields Y Kefalas Y Priola N