COLORADO RESTAURANT ASSOCIATION
CONCERNING USING MULTIPLE MEASURES OF STUDENT ACADEMIC GROWTH , AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION.
The bill creates a grant program to assist school districts, boards of cooperative services, and charter schools (local education providers) in creating and applying multiple measures of student academic growth to measure the performance of public schools and local education providers and to measure educator effectiveness. A local education provider may apply to receive a grant by providing specified information, including a plan for building the capacity of educators and administrators concerning multiple measures of student academic growth and for developing and implementing a process for creating and applying multiple measures of student academic growth. The local education provider must also agree to an external evaluation of the success of the plan. The state board of education (state board) must adopt rules for awarding the grants. The state board, taking into account recommendations from the department of education (department), must award the grants based on the quality of an applicant's plan and an applicant's level of need. The department must contract with an entity to evaluate each grant recipient's success in creating and applying multiple measures of student academic growth. The department must annually prepare and submit to the education committees of the general assembly a summary of the evaluations, including an evaluation of whether the multiple measures of student academic growth were effective in measuring the performance of public schools and local education providers and in measuring educator effectiveness and the likelihood of success in applying the multiple measures statewide to measure the performance of public schools and local education providers.
Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING MODIFICATIONS TO THE BUSINESS ENTERPRISE PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT UNDER ITS AUTHORITY TO ADMINISTER VOCATIONAL REHABILITATION PROGRAMS.
Sponsors: PRIMAVERA / LUNDBERG
Interim Committee to Study Vocational Rehabilitative Services for the Blind. The business enterprise program administered by the department of labor and employment as of July 1, 2016, provides training, assistance, and priority to persons who are blind and who wish to operate vending facilities on state property. Under the current program, state property includes any building, land, or other real property owned, leased, or occupied by a department or agency of the state except property owned, leased, or occupied by a higher education institution or the board of commissioners of the Colorado state fair authority. The bill removes the exception for property owned, leased, or occupied by higher education institutions or the state fair authority, thereby granting priority to persons who are blind and are licensed vendors to operate vending facilities on higher education and state fair authority properties. Additionally, the bill expands the program to allow persons who are blind and determined qualified to operate other types of businesses on state property. The bill also changes the criteria for determining when a vending facility or other business cannot be operated by a blind vendor to more closely follow the standard under federal law. The bill contains a clause specifying that additional appropriations are not necessary to implement the bill.
CONCERNING AN INCOME TAX CREDIT FOR CHARITABLE CONTRIBUTIONS TO AN ELIGIBLE ENDOWMENT OR INSTITUTIONAL FUND.
Sponsors: MORENO / HOLBERT
Beginning with the 2016 income tax year, the bill allows an individual taxpayer to claim an income tax credit for a contribution of money, securities, or property to an eligible endowment or institutional fund that is equal to 25% of the contribution. An "eligible endowment or institutional fund" means an endowment fund or an institutional fund that belongs to a Colorado charitable organization and that is managed in accordance with the "Uniform Prudent Management of Institutional Funds Act". A Colorado charitable organization that receives the credit is required to provide a credit certificate to the taxpayer, who must submit the certificate to the department of revenue, along with his or her tax return. The maximum credit an individual may claim for an income tax year is $25,000. Unused credits are not refunded but may be carried forward for up to 5 income tax years. A taxpayer may not claim the credit if he or she claims any other state income tax credit for the same charitable contribution.
House Committee on Appropriations Postpone Indefinitely
CONCERNING THE REPEAL OF DUPLICATE REPORTING REQUIREMENTS.
Sponsors: DELGROSSO / ULIBARRI
The bill eliminates current employment verification standards that:
* Require each employer in Colorado to attest that the employer has verified the legal work status of each employee, has not altered or falsified the employee's identification documents, and has not knowingly hired an unauthorized alien;
* Require each employer in Colorado to submit documentation to the director of the division of labor (director) within the department of labor and employment that demonstrates that the employer is in compliance with federal employment verification requirements;
* Authorize the director to conduct random audits of employers to ensure compliance with the federal laws;
* Require the director to request documentation if the director receives a valid complaint that an employer is not in compliance with federal law; and
* Fine an employer for failing to provide documentation or for the provision of fraudulent documentation.
CONCERNING THE PROHIBITION OF AN ACTION AGAINST AN EMPLOYEE FOR SHARING WAGE INFORMATION .
Current law states that it is a discriminatory and unfair labor practice for an employer to discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages, unless otherwise permitted by federal law. Federal law exempts certain classes of employers from discrimination laws. The bill strikes the reference to that exemption and extends the current law to those classes of employers, thereby providing discrimination protections to all employees.
Senate Third Reading Reconsidered - No Amendments
CONCERNING THE CREATION OF THE "COLORADO FAMILY FIRST EMPLOYER ACT", AND, IN CONNECTION THEREWITH , ESTABLISHING A PROGRAM THAT RECOGNIZES COLORADO EMPLOYERS THAT MEET CERTAIN FAMILY-FRIENDLY REQUIREMENTS.
Sponsors: WINTER / TODD
The bill creates the "Colorado Family First Employer Act". The Colorado family first employer program, created in the bill, requires the department of labor and employment (department) to establish a program that designates Colorado employers that meet certain family-friendly criteria as Colorado family first employers. The office of the governor is authorized to recognize the employers who have been certified by the department with an award. The designated employers may use a logo, created by the office of the governor, for promotional purposes.
Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING A SALES AND USE TAX EXEMPTION FOR MEALS PROVIDED IN CERTAIN RETIREMENT COMMUNITIES.
Sponsors: KRAFT-THARP / HOLBERT
The bill creates:
* A sales and use tax exemption for the sale, storage, use, or consumption of food, food products, snacks, beverages, and meals (food products) on the premises of a retirement community;
* A sales and use tax exemption for the sale, storage, use, or consumption of any container, bag, or article (packaging) used by or furnished to a consumer for the purpose of packaging, bagging, or use with food products consumed on the premises of a retirement community;
* A sales tax exemption for the sale of food products to a retirement community for purposes of a sale of food products for consumption on the premises of such community;
* A sales tax exemption for the sale to a retirement community of any packaging used by or furnished to a consumer for purposes of a sale of food products on the premises of such community;
* A use tax exemption for the storage, use, or consumption of food products by a retirement community for purposes of a sale of food products for consumption on the premises of such community; and
* A use tax exemption for the storage, use, or consumption by a retirement community of any packaging used by or furnished to a consumer for purposes of a sale of food products for consumption on the premises of such community.
CONCERNING CONTINUATION OF THE COLORADO RETAIL MARIJUANA CODE, AND, IN CONNECTION THEREWITH , IMPLEMENTING THE RECOMMENDATIONS OF THE 2015 SUNSET REPORT ISSUED BY THE DEPARTMENT OF REGULATORY AGENCIES.
Sponsors: PABON / JAHN
Sunset Process - House Finance Committee. The bill implements the following recommendations from the sunset report for the retail marijuana program:
* Extending the retail marijuana code until September 1, 2019;
* Stating that regulation of labeling, packaging, and testing is a matter of statewide concern; and
* Repealing the following provisions from the retail marijuana code:
* The requirement that a licensee post a surety bond as condition of licensure;
* The requirement that the executive director deny a license based on a previous denial at the same location;
* The proscription on the placement and sale of marijuana-themed magazines; and
* The authority to promulgate rules prohibiting misrepresentation and unfair practices. The bill creates 2 new retail marijuana licenses--a retail marijuana transport license and a retail marijuana operator license--and gives the state licensing authority rulemaking authority over those licenses. The bill conforms language in the retail marijuana code to language in the medical marijuana code related to mandatory testing, the confidentiality of licensee information, and limited access areas.
06/10/2016 Governor Signed
CONCERNING THE "COLORADO VETERANS' SERVICE-TO-CAREER PILOT PROGRAM", AND, IN CONNECTION THEREWITH , CREATING A GRANT PROGRAM THROUGH THE DEPARTMENT OF LABOR AND EMPLOYMENT TO AID WORK FORCE CENTERS IN SUPPORTING VETERANS AND THEIR SPOUSES SEEKING NEW EMPLOYMENT AND CAREERS.
Sponsors: LEE / WOODS
The bill creates the Colorado veterans' service-to-career pilot program (program) for the purpose of enhancing work force center services that are not available under federal law. The department of labor and employment will select one or more work force centers to contract with a nonprofit agency to administer the program. Work force centers selected by the department and the nonprofit agency shall develop and expand programs to provide work force development-related services specifically tailored to the unique needs and talents of veterans, spouses, and other eligible participants. The services provided by the program may include:
* Skills training;
* Opportunities for apprenticeship placements;
* Opportunities for internship placements;
* Opportunities for work placements with businesses or other organizations; and
* Support services. The department shall develop a grant program so that work force centers may apply for money to administer the program. Money for the internships and apprenticeships may come from the employer, federal money, and grant money though the general fund. The bill outlines specific requirements that work force centers must meet in order to apply to the grant program.
05/20/2016 Governor Signed
CONCERNING THE ISSUANCE OF IDENTIFICATION DOCUMENTS TO INDIVIDUALS WHO CANNOT DEMO NSTRATE LAWFUL PRESENCE IN THE UNITED STATES, AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION.
Sponsors: SINGER / ULIBARRI
Currently, a person who is not lawfully present in the United States may obtain a driver's license or identification card if certain requirements are met. One of the requirements is that the person present a taxpayer identification card. The bill allows a social security number to also meet this requirement. The bill also allows such a license to be reissued or renewed in accordance with the process used by other licensees. An appropriation is made to open additional offices to perform these functions. Currently, a footnote in the long bill states an intention that the number of offices offering these licenses be decreased when the appropriation is spent. The bill repeals this footnote.
05/04/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING A REQUIREMENT THAT THE DEPARTMENT OF LABOR AND EMPLOYMENT STUDY THE INTEGRATION OF ALTERNATIVE TRAINING BY COLORADO BUSINESSES.
Sponsors: ROSENTHAL / COOKE
The bill requires the department of labor and employment to study the barriers to the use of pre-apprenticeship and apprenticeship programs by Colorado businesses and make a report and recommendations based on the study. The report and recommendations that come from the study must be provided to the state work force development council for inclusion in the annual Colorado talent report.
06/06/2016 Governor Signed
CONCERNING THE CREATION OF AN INDUSTRY INFRASTRUCTURE GRANT PROGRAM WITHIN THE STATE WORK FORCE DEVELOPMENT COUNCIL, AND, IN CONNECTION THEREWITH , CREATING THE INDUSTRY INFRASTRUCTURE FUND AND MAKING AN APPROPRIATION.
Sponsors: KRAFT-THARP / TATE
The bill creates the industry infrastructure grant program (program) within the state work force development council (council). The council is required to work with an authorized entity to award grants to entities that develop and maintain industry competency standardization to support businesses in their implementation of work site training programs that are organized in conjunction with education entities. The bill creates the industry infrastructure fund to pay for the program. The fund consists of general fund money, a donation from the authorized nonprofit entity, and any other gifts, grants, or donations that the council receives.
05/20/2016 Governor Signed
CONCERNING INCENTIVES FOR LOCAL EDUCATION PROVIDERS TO ENCOURAGE HIGH SCHOOL STUDENTS TO SUCCESSFULLY COMPLETE CAREER DEVELOPMENT COURSE WORK .
Sponsors: DURAN / GARCIA
The bill creates the career development success pilot program to provide financial incentives for school districts and charter schools to encourage pupils enrolled in grades 9 through 12 to enroll in and successfully complete identified industry-certificate, internship, and pre-apprenticeship programs related to top jobs or jobs in other high-demand industries and computer science advanced placement (AP) courses. The state work force development council, in collaboration with the departments of education, higher education, and labor and employment and the office of economic development, must annually identify the level of regional and state demand for various jobs and those industry-certificate programs and qualifying internship and pre-apprenticeship programs that are related to the in-demand jobs. Starting June 30, 2016, each school district that chooses to participate, each nonparticipating school district on behalf of its charter schools that choose to participate, and the state charter school institute (institute) on behalf of institute charter schools that choose to participate, must annually report to the department of education (department) the number of students who successfully earned an industry certificate by completing an identified industry-certificate program or successfully completed an internship or pre-apprenticeship program or qualified to receive college credit for completing a computer science AP course for that school year. Beginning in the 2017-18 budget year and in each budget year thereafter, the general assembly shall appropriate at least $1,000,000 for the career development success pilot program. In each budget year, the department shall first distribute to each school district and, through the institute, to each institute charter school $1,000 for each student reported as successfully earning an industry certificate by completing an identified industry-certificate program in the preceding school year. If there is money remaining in the appropriation after the first distribution, the department must distribute to each school district and, through the institute, to each institute charter school $1,000 for each student reported as successfully completing an identified internship or pre-apprenticeship program in the preceding school year. And if there is money remaining after the second distribution, the department must distribute to each school district and, through the institute, to each institute charter school $1,000 for each student reported as successfully completing a computer science AP course in the preceding school year. Each district and the institute shall transfer to its charter schools 100% of the amount received on behalf of the students enrolled in each charter school. With each distribution, if the amount of the appropriation is insufficient to fully fund the students included in the distribution, the department must proportionately reduce the amount distributed for each student. Beginning in 2017, the department must provide to the joint education committee of the general assembly a report on the implementation and impact of the career development success pilot program. The career development success pilot program is repealed in 2019.
05/27/2016 Governor Signed
CONCERNING CHANGES IN THE REQUIREMENTS FOR THE COVERAGE OF HEALTH CARE BENEFITS FOR PHYSICAL REHABILITATION SERVICES TO ALLOW FOR INCREASED CONSUMER ACCESS TO SERVICES.
Sponsors: PRIMAVERA / CROWDER
The bill requires a health insurance carrier that is providing benefits for physical rehabilitation services and an intermediary who has contracted with the carrier to:
* Base coverage authorization and medical necessity determinations on generally accepted and evidence-based criteria and disclose the criteria to health care providers and policyholders;
* Disclose the process that must be followed to obtain coverage authorizations and medical necessity determinations to providers and policyholders;
* Ensure that the authorizations and determinations are made by a licensed provider in good standing in the same field or specialty as the requesting provider; and
* Categorize care for a recurring condition as a new episode if the same provider has not treated the policyholder within the last 30 days. The contract between the health care provider and intermediary must not:
* Allow for utilization management or utilization review as direct medical care or quality improvement;
* Impose different or tiered authorization standards and criteria for participating providers of the same licensed profession in the same network;
* Require prior authorization for coverage for the evaluation and management in the initial visit; or
* Require a provider to discount billed charges for physical rehabilitation services or products not covered under a health coverage plan unless the carrier or intermediary has disclosed to the provider and the carrier's policyholders in writing that providers are required to give the discount. The bill prohibits a carrier from providing incentives to an intermediary who has a contract for its coverage authorizations and medical necessity determinations for services provided to a policyholder. The bill makes a violation of these terms an unfair or deceptive trade practice in the business of insurance.
05/04/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING LAWS GOVERNING LIM ITED LIABILITY COMPANIES CODIFIED IN ARTICLE 80 OF TITLE 7 OF THE COLORADO REVISED STATUTES.
Section 1 of the bill deletes the requirement that a partner's contribution to a limited liability company is a prerequisite to become a member of the company. Section 2 clarifies that the tax status of a limited liability company does not affect the immunity of a member of the company from liability for the company's acts. Section 3 limits the applicability of the statute of frauds, which requires certain contracts to be written to be enforceable, to operating agreements for limited liability companies. Section 4 reconciles the various partnership and limited liability company acts regarding compensation of a partner for services performed during the windup of the entity's affairs.
06/06/2016 Governor Signed
CONCERNING THE CREATION OF A SINGLE GEOGRAPHIC RATING AREA FOR HEALTH INSURERS TO USE WHEN ESTABLISHING RATES FOR INDIVIDUAL HEALTH INSURANCE PLANS.
Sponsors: HAMNER / DONOVAN
Under current law, health insurers are permitted to consider the geographic location of the policyholder when establishing health insurance rates for individual and group insurance plans. The bill directs the commissioner of insurance to study the impacts and viability of creating a single geographic rating area, consisting of the entire state, for purposes of determining premium rates for individual health benefit plans.
05/17/2016 Governor Signed
CONCERNING THE RELEASE OF INFORMATION CONCERNING AN EMPLOYER'S VIOLATION OF WAGE LAWS BY THE DIVISION OF LABOR IN THE DEPARTMENT OF LABOR AND EMPLOYMENT.
Sponsors: DANIELSON / ULIBARRI
Current law requires employers to release requested information to the division of labor in the department of labor and employment (division) and allows the division to have access to employers' premises and all books, records, and payrolls of employers. Current law also prohibits the release of any of this information obtained by the division if the release of the information might reveal a trade secret. The bill clarifies that information obtained by the division that relates to a finding of a violation of wage laws by the division is not confidential and shall be released to the public or for use in a court proceeding, unless the director makes a determination that the information includes specific information that is a trade secret.
05/06/2016 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
CONCERNING AUTHORIZATION FOR A SCHOOL DISTRICT TO IMPOSE AN ADDITIONAL MILL LEVY FOR THE SOLE PURPOSE OF FUNDING CAPITAL CONSTRUCTION AND MAINTENANCE NEEDS OF THE DISTRICT WITHOUT BORROWING MONEY .
Sponsors: MITSCH BUSH
The bill authorizes a school district, with voter approval, to impose an additional mill levy for the sole purpose of funding its capital construction and facility maintenance needs without borrowing money. Revenue raised from such a mill levy must be credited to a supplemental capital construction and maintenance fund of the district and used for the sole purpose of paying for capital construction and facility maintenance needs of the district.
05/17/2016 Governor Signed
CONCERNING REQUIREMENTS RELATED TO THE SATISFACTION OF INDEBTEDNESS SECURED BY REAL PROPERTY.
Sponsors: KRAFT-THARP / JAHN
The bill makes the following changes to certain requirements upon satisfaction of indebtedness secured by real property:
* For indebtedness consisting of a line of credit secured by a lien on real property:
* The lien continues and no lien release is required until the line of credit expires and the debt is satisfied unless, before expiration of the line of credit, the outstanding indebtedness is satisfied and the debtor relinquishes in writing all right to make any further draw upon the line of credit; and
* The debtor relinquishes all right to make a further draw by either requesting in writing that the line of credit be closed by the creditor or by written notification by the debtor or the debtor's designee that the real property is being conveyed upon payment of all indebtedness. Upon satisfaction of all indebtedness in connection with the conveyance of the real property and notice to the creditor or holder of the conveyance, the creditor or holder shall terminate the line of credit, record the release of the lien on real property, or in the case of a deed of trust, file with the public trustee the documents required for release, and return all papers and personal property as required by law.
06/10/2016 Governor Signed
CONCERNING THE TIMING OF INQUIRING INTO A JOB APPLICANT'S CRIMINAL HISTORY.
The bill generally prohibits an employer from:
* Advertising that a person with a criminal history may not apply for a position;
* Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
* Making an inquiry about a candidate's arrests or criminal convictions until the candidate has been offered an interview or a conditional offer of employment. An employer is exempt from these restrictions when:
* The law forbids a person from being employed on account of a criminal conviction or requires an employer to consider a candidate's criminal history for the job;
* The employer is participating in a program to encourage employment of people with criminal histories; or
* The job requires a fidelity bond and the criminal history would disqualify the candidate. An employer must keep applications for 9 months. The department of labor and employment will enforce the section with civil penalties. A violation of the restrictions does not create a private cause of action.
05/04/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING THE REGULATION OF RETAIL FOOD ESTABLISHMENTS.
Sponsors: BECKER K. / WOODS
Section 2 of the bill increases annual license fees for retail food establishments, phasing in the increase over the next 3 years, at minimum; creates a new fee category for retail food establishments that sell a limited range of specified foods; and limits the annual license fee exemption to certain specified entities. Section 2 also prohibits a county from spending the increased revenue from the fee increase on anything other than retail food health-related activities. Section 3 of the bill requires the department of public health and environment (CDPHE) to create a uniform system to communicate health inspection results to the public and sets limitations on the development of the uniform system. Section 4 requires CDPHE to attain certain targets, including significant statewide compliance with the federal food and drug administration's voluntary national retail food regulatory program standards. To reach these targets, the bill requires CDPHE to audit certain local public health agencies and requires local public health agencies to audit CDPHE in certain situations. Section 5 decreases the maximum period of suspension of a license or certificate of license from 6 months to one month, except in cases of closure due to an imminent health hazard. Section 5 also permits CDPHE and a county or district board of health to issue a cease-and-desist order if a person or licensee has been issued a civil penalty and remains in noncompliance.
06/09/2016 Governor Became Law
CONCERNING THE CREATION OF THE COLORADO SECURE SAVINGS PLAN.
Sponsors: PETTERSEN / TODD
The bill establishes the Colorado secure savings plan (plan), which is a retirement savings plan for private-sector employees in the form of an automatic enrollment payroll deduction individual retirement account. Employers with a specified number of employees in the state are required to participate in the plan, but any employer may choose to participate in the plan. The Colorado secure savings plan board of trustees (board) is created and consists of the state controller, the director of the governor's office of state planning and budgeting, and 7 additional trustees with certain experience who are appointed by the governor and confirmed by the senate. The trustees on the board have a fiduciary duty to the plan's enrollees and beneficiaries and are required to:
* Establish investment options that offer employees returns on contributions without incurring debt or liabilities to the state;
* Establish the process for allocating investment earnings and losses to individual plan accounts on a pro rata basis;
* Make and enter into contracts and hire staff as necessary for the administration of the plan;
* Conduct a periodic review of the performance of any investment vendors;
* Cause moneys in the Colorado secure savings plan fund (fund) to be held and invested together in trust;
* Establish the process for an enrollee to contribute a portion of his or her wages to the plan for automatic deposit and establish the process by which the participating employer forwards those contributions to the plan;
* Establish the process for enrollment in the plan including the process by which an employee can opt not to participate in the plan;
* Accept gifts, grants, and donations from specified entities and pursue options for bank loans or a line of credit to cover the start-up costs of the plan;
* Procure, as needed, insurance against loss in connection with the property, assets, or activities of the plan;
* Allocate administrative fees to individual retirement accounts in the plan on a pro rata basis;
* Set minimum and maximum contribution levels;
* Facilitate education and outreach to employers and employees;
* Ensure that the plan complies with all applicable state and federal laws;
* Deposit all gifts, grants, donations, fees, and earnings from investment of moneys in the fund into the fund and pay the administrative costs and expenses for the creation, management, and operation of the plan from moneys in the fund;
* Determine any nominal and reasonable assistance that may be provided to businesses to offset the initial costs of enrolling employees in the plan;
* Prepare or cause to be prepared certain annual audits and annual reports regarding the plan; and
* Develop a process to ensure that employers are in compliance with the requirements of the plan and develop a penalty structure for employers who fail, without reasonable cause, to enroll employees in the plan. The bill specifies the process by which the board is required to engage an investment manager to invest the assets of the plan and specifies the investment options that the board is required to create. The bill creates the Colorado secure savings plan fund as a trust outside of the state treasury, specifies that the fund will include the individual retirement accounts of enrollees in the plan, and allows the board to use a certain percentage of moneys in the fund for the administrative expenses of the plan. The moneys in the fund are not property of the state and cannot be commingled with state moneys. The board is required to design and disseminate to all employers that are required to or that choose to participate in the plan employer and employee information packets regarding the plan and the options for employee participation in the plan. The bill dictates the timing for the board to implement the plan and a time frame for employers to establish a system by which enrollees in the plan can remit payroll deduction contributions to the plan. Employers are required to automatically enroll employees in the plan unless an employee has opted out of participation in the plan. Enrollees may select an investment option and contribution level or use the default investment option and contribution amount established by the board. The bill specifies that the state and employers do not have any duty or liability to any party for the payments of any retirement savings benefits accrued by any individual through the plan.
05/04/2016 House Committee on Finance Postpone Indefinitely
CONCERNING EXEMPTING MULTI-SERVING LIQUID RETAIL MARIJUANA PRODUCTS FROM THE SALES EQUIVALENCY LIMITATION.
The bill exempts a multi-serving liquid retail marijuana product from the limit on equivalency sales if the product complies with all statutory and rule requirements regarding packaging and it:
* Is packaged in a structure that uses a single mechanism to achieve both child-resistance and accurate pouring dosing of each liquid serving in increments equal to or less than 10 milligrams per serving with no more than 100 milligrams total per package; and
* The dosing component is within the child-resistant cap or closure of the bottle and not a separate component.
06/10/2016 Governor Signed
CONCERNING THE RIGHTS OF EMPLOYEES TO INSPECT THEIR PERSONNEL FILES.
The bill allows an employee or former employee at least annually to request that his or her employer permit the employee or former employee to inspect or request copies of the employee's or former employee's personnel file at the employer's office and at a time convenient to both the employer and the employee or former employee. Employees or former employees are required to pay reasonable costs of duplication of documents.
06/10/2016 Governor Signed
CONCERNING THE CREATION OF AN EMPLOYMENT-RELATED PUBLIC BENEFITS ENTERPRISE AS A GOVERNMENT-OWNED BUSINESS FOR THE PURPOSE OF PROVIDING BUSINESS SERVICES THAT BENEFIT LOW -WAGE EMPLOYERS BY IMPROVING PUBLICLY SUBSIDIZED HEALTH CARE PROGRAM SERVICES FOR LOW -WAGE EMPLOYEES AND THEIR FAMILIES, AND, IN CONNECTION THEREWITH , AUTHORIZING THE ENTERPRISE TO FUND THE BUSINESS SERVICES THAT IT PROVIDES BY IMPOSING, COLLECTING, AND DISTRIBUTING AN EMPLOYMENT-RELATED PUBLIC BENEFITS FEE ON LOW -WAGE EMPLOYERS .
Sponsors: DURAN / KEFALAS
The bill, known as the "Corporate Responsibility Act", creates the employment-related public benefits enterprise (enterprise) as a government-owned business and type 1 agency within the department of health care policy and financing (HCPF). The enterprise has the business purpose of improving the health of the pool of workers for low-wage employment and their families and thereby benefitting low-wage employers by giving them access to a healthier pool of workers. The board of directors of the enterprise (board) consists of 7 members appointed by the governor: 2 who are representatives of employers; 2 who are representatives of organized labor; one who is employed and is receiving assistance under a state-subsidized health care assistance program; one who represents a nonprofit organization that provides health care services to low-income individuals; and one who represents a nonprofit organization that advocates in support of health care services for low-income individuals. Various powers of the enterprise are specified. On and after January 1, 2017, the enterprise must impose an employment-related public benefits fee (fee) based on a per-hour worked basis for each employee of a low-wage employer that employs 250 or more employees in Colorado, but a low-wage employer may credit health care expenditures to or on behalf of a low-wage employee against the public benefits fee for each low-wage employee's hours. The enterprise must set the fee in an amount that is reasonably calculated to reflect the benefit received by such employers from the provision of state-subsidized health care program assistance to low-wage employees in the state and the costs to the state of providing that assistance but is neither less than 25 cents nor more than one dollar per hour worked. So long as the enterprise meets the constitutional requirements for enterprise status under the taxpayer's bill of rights, fee revenue does not count against the state fiscal year spending limit. The employment-related public benefits fee fund (fund) is created in the state treasury, and all fee revenue and interest and income derived from the deposit and investment of the fund is credited to the fund. The enterprise may expend money from the fund to support and improve health care services provided to individuals who are eligible to receive services under the "Colorado Medical Assistance Act" and to defray its administrative expenses in implementing and administering provisions of the bill. It is prohibited to transfer money in the fund to any other state fund or department or agency of state government. Employers are prohibited from taking various specified actions, including the discharge of low-wage employees during a specified period following the implementation of the fee, for the purpose of avoiding or reducing their liability for the fee. Employers are prohibited from retaliating against employees for whistleblowing or taking various other specified actions relating to implementation or enforcement of the bill, such retaliation is defined as an unfair employment practice, and an employee retaliated against may file a complaint with the Colorado civil rights division. The attorney general and district attorneys are concurrently responsible for the enforcement of the "Corporate Responsibility Act".
05/10/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING THE PROVISION OF REASONABLE ACCOMMODATIONS BY AN EMPLOYER FOR PERSONS WHO HAVE A CONDITION RELATED TO PREGNANCY.
Sponsors: WINTER / MARTINEZ HUMENIK
The bill makes it an unfair employment practice if an employer fails to provide reasonable accommodations for an applicant for employment or an employee for conditions related to pregnancy or childbirth. The bill requires each employer to provide a notice of rights regarding the unfair employment practice to his or her employees.
06/01/2016 Governor Signed
CONCERNING THE CREATION OF A NEW ALCOHOL BEVERAGE LICENSE UNDER THE "COLORADO LIQUOR CODE" TO PERMIT A LODGING AND ENTERTAINMENT FACILITY TO SELL ALCOHOL BEVERAGES BY THE DRINK FOR CONSUMPTION ON THE LICENSED PREMISES, AND, IN CONNECTION THEREWITH , REQUIRING THE HOLDER OF A TAVERN LICENSE TO CONVERT THE TAVERN LICENSE TO A LODGING AND ENTERTAINMENT LICENSE OR OTHER APPROPRIATE LICENSE UNDER SPECIFIED CONDITIONS.
The bill creates a new alcohol beverage license under the "Colorado Liquor Code", referred to as a "lodging and entertainment license", for a lodging and entertainment facility that, as its primary business, provides lodging, sports, or entertainment activities to the public and, incidental to that business, sells and serves alcohol beverages for consumption on the premises. A lodging and entertainment license would operate similarly to a tavern license in that the licensee:
* Is authorized to sell alcohol beverages only by the drink to customers for on-premises consumption;
* Must make sandwiches and light snacks available to its customers during business hours;
* Must purchase its alcohol beverage products only from a licensed wholesaler, with limited exceptions;
* Cannot have an interest in businesses licensed under the "Colorado Liquor Code" as a manufacturer, wholesaler, or retail establishment that only sells alcohol beverages for off-premises consumption; and
* Must have a registered manager for each licensed premises who is responsible for purchasing alcohol beverages for the licensed premises he or she manages. The bill requires a current tavern licensee that qualifies as a lodging and entertainment facility or qualifies for a different type of license to apply to convert the tavern license to the appropriate license type. A lodging and entertainment facility licensee is subject to the same state and local annual licensing fees as a tavern, $75 and $500, respectively. Employees of a lodging and entertainment facility who sell alcohol beverages must be at least 21 years of age. A lodging and entertainment facility licensee must post a sign on its licensed premises warning patrons that it is illegal to leave the premises with an alcohol beverage.
06/10/2016 Governor Signed
CONCERNING RESTRICTIONS ON PERSONS LICENSED UNDER THE "COLORADO LIQUOR CODE" TO SELL ALCOHOL BEVERAGES IN SEALED CONTAINERS FOR OFF-PREMISES CONSUMPTION, AND, IN CONNECTION THEREWITH , PROHIBITING PERSONS UNDER TWENTY -ONE YEARS OF AGE FROM ENTERING A LICENSED PREMISES UNLESS ACCOMPANIED BY A PERSON WHO IS AT LEAST TWENTY -ONE YEARS OF AGE.
The bill makes it unlawful for a person licensed to sell alcohol beverages at retail for off-premises consumption to allow a person under 21 years of age to enter the licensed premises unless the person is accompanied by a person who is at least 21 years of age.
05/03/2016 House Committee on Business Affairs and Labor Postpone Indefinitely
CONCERNING THE CREATION OF A WINE -EXPANDED PERMIT FOR HOTELS LICENSED TO SELL ALCOHOL BEVERAGES, AND, IN CONNECTION THEREWITH , ALLOWING HOTELS TO SELL SEALED CONTAINERS OF VINOUS LIQUORS FOR ON- AND OFF- PREMISES CONSUMPTION.
The bill allows hotels with a valid hotel and restaurant license to apply for a wine-expanded permit. The wine-expanded permit authorizes a hotel to sell bottles of wine for on- and off-premises consumption, with some limitations.
05/10/2016 House Committee on Business Affairs and Labor Postpone Indefinitely
CONCERNING PRIMARY ELECTIONS, AND, IN CONNECTION THEREWITH , RESTORING A PRESIDENTIAL PRIMARY ELECTION IN COLORADO AND ALLOWING UNAFFILIATED VOTERS TO TEMPORARILY AFFILIATE WITH A POLITICAL PARTY IN ORDER TO VOTE IN PRIMARY ELECTIONS IN WHICH THE POLITICAL PARTY IS PARTICIPATING.
Sponsors: MORENO / GUZMAN
Restoration of the presidential primary election From 1992 until 2000, the state held a presidential primary election. The state repealed its presidential primary election in 2003. Section 2 of the bill restores this election. Specifically, it requires the state to hold a presidential primary election on a Tuesday on a date designated by the governor. The date selected for the primary must be no earlier than the date the national rules of the major political parties provide for state delegations to the party's national convention to be allocated without penalty and not later than the third Tuesday in March in years in which a United States presidential election will be held. In consultation with the secretary of state, the governor is required to select the date of the presidential primary election no later than September 1 in the year before the presidential primary election will be held. Each major political party (political party) that has a qualified candidate entitled to participate in the presidential primary election is entitled to participate in the primary election and must have a separate party ballot. At the presidential primary election, an elector may vote only for a candidate on the ballot of the political party with which the elector has declared an affiliation. An unaffiliated eligible elector may declare an affiliation with a political party to the election judges at the presidential primary election. A ballot used in a presidential primary election must only contain the names of candidates for the office of the president. The ballot shall not be used for the purpose of presenting any other issue or question to the electorate. Not later than 60 days before the presidential primary election, the bill requires the secretary of state (secretary) to certify the names and party affiliations of the candidates to be placed on a presidential primary election ballot. The bill specifies eligibility requirements that candidates must meet to have their names placed on the primary election ballot, and requires the names of candidates appearing on the presidential primary election ballot to be in an order determined by lot. The secretary determines the method of drawing lots. The bill permits the state chairperson of a political party to request that the secretary provide a place on the presidential primary election ballot for electors who have no presidential candidate preference to register a vote to send a noncommitted delegate to the political party's national convention in specified circumstances. The bill permits legal challenges to the listing of any candidate on the presidential primary election ballot and specifies procedures governing such challenges. The bill specifies circumstances under which a write-in vote will be counted, and additional procedures regarding the survey of presidential primary election returns and the certification of results. The bill also requires each political party to use the results of the presidential primary election to allocate delegate votes to presidential candidates in accordance with state or national party rules. Section 7 restricts a candidate in a presidential primary from circulating petitions before the first Monday in November of the year preceding the year in which the presidential primary election is held. This section also requires a candidate to file a petition no later than 85 days before the presidential primary election. Section 11 requires the general assembly to appropriate moneys from the general fund to cover the costs of the election incurred by the state arising from the presidential primary election. Sections 1 and 5 further require the state, by means of an appropriation from the general fund, to reimburse the counties for all of the actual direct costs they incur arising from the preparation and conduct of such election. By rule, the secretary of state is required to determine the type of actual costs for which the counties are entitled to reimbursement under the bill. Temporary affiliation by unaffiliated voters Sections 3 and 6 create a new category of voter to be known as a "temporary affiliated elector", which the bill defines as "an unaffiliated person who is registered to vote and chooses to become affiliated with a political party on a temporary basis". Section 1 also clarifies that the nonpresidential primary election used to elect candidates for state office may also be referred to as the "state primary". Under section 6, in connection with any primary election that is held on or after January 1, 2018, any unaffiliated registered elector may become a temporary affiliated elector by declaring an intent to temporarily affiliate with any major or minor political party. This intent may be declared when the elector desires to vote at a primary election or the elector may declare his or her intent to become a temporary unaffiliated elector at any other time during which electors are permitted to register. An unaffiliated elector who has declared an intent to become a temporary affiliated elector is entitled to cast a ballot in any primary election held during a single general election cycle in which the political party with whom the elector has chosen to temporarily affiliate has one or more candidates on such ballot. The period of temporary affiliation commences 45 days before the presidential primary or state primary, as applicable. The period of temporary affiliation terminates 30 days after the date of the presidential primary or state primary, as applicable. At the end of the temporary affiliation period, the elector's temporary affiliation with a political party ends and the elector must declare again his or her intent to become a temporary affiliated elector for each subsequent general election cycle in which there is a primary election in which the elector wishes to participate. The status of being a temporary affiliated elector does not entitle the elector to be eligible to run as a candidate of the political party with which he or she is temporarily affiliated, to vote at any precinct caucus, to serve as a delegate to a party assembly or nominating convention of such political party at any state, local, or national level, to accept any public office, including appointment to any state board or commission, for which partisan affiliation is a requirement of appointment, or to accept any other public benefit or position for which affiliation with a political party is a requirement for acceptance of the same. A person who has become a temporary affiliated elector may accept any appointment for which unaffiliated status is a requirement of the appointment. A voter who is unaffiliated may openly declare to the election judges at a voter service and polling center on the date of the presidential primary election or state primary, as applicable, that he or she intends to become a temporary affiliated voter with a particular political party and be presented with a party ballot of the political party with which he or she has chosen to temporarily affiliate. A person who has chosen to become a temporary affiliated elector with one political party is not entitled to change his or her temporary affiliation to affiliate with another political party less than 29 days before the presidential primary or state primary election, as applicable. Section 4 allows an elector to choose to become a temporary affiliated elector by means of the online registration system. Section 5 expands the questions an elector is asked on registering to vote in person to include whether the elector chooses to become a temporary affiliated elector. Section 9 conforms existing statutory procedures that govern voting at a primary election to accommodate voting by persons who have become temporary affiliated electors. Sections 8 and 10 conform existing statutory provisions governing the required notice that is given to voters before voting in primary elections to include voting in a presidential primary election and to accommodate voting in primary elections by persons who have become temporary affiliated electors.
05/10/2016 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING THE SUBMISSION TO THE VOTERS OF A BALLOT QUESTION REGARDING WHETHER THE COLORADO HEALTH BENEFIT EXCHANGE CAN IMPOSE A TAX TO SUPPORT ITS OPERATIONS.
Sponsors: LUNDBERG / SIAS
The bill directs the secretary of state to submit to the voters, at the November 2016 statewide election, the question of whether the Colorado health benefit exchange can impose a tax to support its ongoing operations.
House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
CONCERNING THE USE OF QUALIFIED INSURANCE BROKERS TO ENROLL ELIGIBLE PARTICIPANTS IN HEALTH BENEFIT PLANS THROUGH THE COLORADO HEALTH BENEFIT EXCHANGE.
Sponsors: MARTINEZ HUMENIK / SIAS
Colorado Health Insurance Exchange Oversight Committee. The bill requires the Colorado health benefit exchange (exchange) to establish a system to refer consumers to qualified insurance brokers to enroll consumers in health benefit plans. To be qualified, an insurance broker must be licensed by the commissioner of insurance and be certified by the exchange. The system must include the installation of a call center and the necessary software to make the referrals.
CONCERNING SURETY REQUIREMENTS WHEN A TAXPAYER APPEALS A TAX BILL THAT THE STATE OR A LOCAL GOVERNMENT CLAIMS IS DUE.
Sponsors: NEVILLE T. / KRAFT-THARP
Current law requires a taxpayer wishing to appeal to the district court a final determination of the executive director of the department of revenue or a final determination of a local government, within a specified time after filing a notice of appeal, to either:
* Set aside twice the amount of the taxes, interest, and other charges stated in the final determination by filing a surety bond in such amount with the district court;
* Set aside twice the amount of the taxes, interest, and other charges stated in the final determination by establishing a savings account, deposit account, or certificate of deposit for such amount at a state or national bank or a state or federal savings and loan association doing business in this state; or
* Deposit the disputed amount with the executive director of the department of revenue. If the taxpayer chooses this option, the interest accrual is tolled. Current law also requires home rule jurisdictions and statutory local governments to follow the same requirements for appeals to district courts related to the sales and use taxes they impose. The bill repeals that requirement for everything but an appeal of a final determination by the executive director for frivolous submissions and instead specifies that if the taxpayer wishes to appeal a district court ruling then within a specified number of days after the district court ruling the taxpayer must set aside money in one of the ways described above.
CONCERNING CHANGES TO THE REQUIREMENTS FOR OWNERS OF A LICENSED MARIJUANA BUSINESS.
Sponsors: HOLBERT / PABON
The bill includes in the definition of "owner", in the medical and retail marijuana codes, a recipient of a commercially reasonable royalty associated with the use by a licensee of intellectual property and a licensed employee who receives a share of the profits from an employee benefit plan. The state licensing authority has the authority to promulgate rules on the parameters of a commercially reasonable royalty. Under current law, an owner of a medical or retail marijuana business must have been a Colorado resident for at least 2 years prior to applying for licensure. The bill allows an owner to be either a 2-year resident of Colorado or a United States citizen on the date of the application for applications submitted on or after January 1, 2017, and prohibits an owner from being a publicly traded company. The bill requires a controlling interest of the licensees, as determined by the operating agreement, to be Colorado residents and maintain that residency while licensees.
CONCERNING DATA COLLECTED BY THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY CONCERNING THE STUDY OF MARIJUANA IMPLEMENTATION.
Sponsors: BAUMGARDNER / PABON
Current law requires the division of criminal justice in the department of public safety (division) to gather data and undertake or contract for a study of law enforcement activity and costs related to the legalization of retail marijuana for the 2-year periods commencing January 1, 2006, and January 1, 2014. The study must include both marijuana-initiated contacts by law enforcement and marijuana arrest data. The bill eliminates the requirement that the division collect data and report on costs related to legalized retail marijuana and that the study include marijuana-initiated contacts with law enforcement.
CONCERNING THE REGULATION OF CERTAIN FOODS, AND, IN CONNECTION THEREWITH , EXEMPTING CERTAIN FOOD PRODUCERS FROM LICENSURE, INSPECTION, AND OTHER REGULATION.
Section 1 of the bill exempts certain food producers from licensure, inspection, and other regulation for transactions that:
* Occur directly between the producer and an informed end consumer;
* Occur only in Colorado; and
* Do not involve interstate commerce. An informed end consumer assumes the risks inherent in the purchase, use, or ingestion of the food or food products purchased under this exemption and is legally responsible for all damage, injury, or death that may result from those inherent risks. The bill preserves negligence actions that are not based on these inherent risks. Section 2 of the bill exempts certain producers from the requirements of the "Colorado Cottage Foods Act". Section 3 of the bill creates 2 exemptions from federal inspection for producers who slaughter no more than 20,000 poultry per calendar year. The department of agriculture must license and inspect producers operating under this exemption. The bill requires the department of agriculture to develop rules pertaining to producers who slaughter more than 1,000 but not more than 20,000 poultry and sell to grocery stores.
CONCERNING A COLLABORATIVE MULTI-AGENCY APPROACH TO INCREASING COMPETITIVE INTEGRATED EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES , AND, IN CONNECTION THEREWITH , DEVELOPING AND IMPLEMENTING AN EMPLOYMENT FIRST POLICY.
Sponsors: KEFALAS / GINAL
The bill requires the heads of the department of health care policy and financing (HCPF), the department of labor and employment (CDLE), the department of education (CDE), and the department of higher education (CDHE), (referred to as agency partners), to develop an employment first policy that increases competitive integrated employment, as defined in the bill, for persons with disabilities. The agency partners shall consult with the employment first advisory board (advisory board) as part of developing and implementing the employment first policy. At a minimum, the employment first policy must:
* Ensure that competitive integrated employment is the primary objective for all working-age persons regardless of disability;
* Remove barriers to competitive integrated employment for persons with disabilities;
* Reallocate existing resources, where possible, to increase provider capacity through funding incentives;
* Include provisions relating to postsecondary education planning, career planning, transition planning, employment services, and closing gaps in service;
* Include provisions for data collection and sharing by agency partners relating to employment and postsecondary education for persons with disabilities, consistent with state and federal data privacy laws;
* Require professionals providing employment services to complete a nationally-certified program before providing employment services;
* Establish the employment first policy as part of the state's plan to address federal case law relating to providing disability services in an integrated setting; and
* Include a plan for a statewide outreach and training program. Each agency partner shall implement the program pursuant to its statutory authority, available appropriations, and federal authority if changes relate to medicaid waivers. The agency partner's policy boards shall adopt any rules necessary to implement the program. In addition to any other duties under the plan, HCPF shall:
* Develop a plan to expand competitive integrated employment for persons with intellectual and developmental disabilities that includes a gradual shift in funding from noncompetitive employment to competitive integrated employment;
* Limit pre-vocational services for persons receiving home- and community-based services to a maximum of 2 years, with extensions possible for up to 3 additional years;
* Provide persons with intellectual and developmental disabilities who work in segregated employment or employment that pays below minimum wage with services related to exploring competitive integrated employment prior to allowing the individual to remain in segregated or low-wage employment;
* Establish baseline data for competitive integrated employment and set goals for annual increases in the number of persons in home- or community-based services who obtain competitive integrated employment;
* In consultation with the advisory board and by a certain date, develop a plan and implementation timeline to expand the medicaid buy-in program, and develop a plan to raise asset limits for medicaid eligibility categories that do not have federal limits, and develop recommendations for the development and implementation of career development plans;
* Dedicate a full-time staff member to oversee and coordinate employment support through medicaid waiver programs;
* Maintain Colorado's membership in the national employment leadership network for states;
* Actively participate in the United States department of labor's employment first state leadership mentoring program (federal mentoring program); and
* Prepare an annual report concerning the employment first policy and its implementation by agency partners and present the report to the general assembly committee of reference for HCPF. In addition to any other duties under the plan, the CDLE shall:
* Establish Colorado's membership in the federal mentoring program;
* Promote partnerships with employers to overcome barriers to employment for persons with disabilities;
* Create a reimbursement code discovery process for persons with significant disabilities;
* Require workforce centers to use a federal reference guide and checklist to promote nondiscrimination and equal opportunities in employment for persons with disabilities; and
* Provide information to HCPF to prepare the annual report on the employment first policy and present the report to the general assembly's committee of reference for the CDLE. The bill creates the advisory board in the CDLE. The advisory board will encompass the state's advisory group created for purposes of the federal mentoring plan, and will include that group's membership and duties, along with additional advisory board members and duties. The bill includes the structure of the advisory board, including the advisory board's membership and appointing authorities. In addition, the bill requires a sunset review of the advisory board by the department of regulatory affairs before the advisory board's repeal date in 2026. In addition to any other duties under the plan, the bill encourages the CDE, in conjunction with the agency partners, to facilitate, encourage, and expand programs and supports for students with disabilities relating to, among other provisions, school-to-work transitions, early transition planning, and postsecondary education options and career paths. Further, the bill directs the CDE to actively participate in the federal mentoring program to coordinate employment first practices that affect public schools. Finally, the bill requires the CDE to provide information to HCPF to prepare the annual report on the employment first policy and present the report to the general assembly's committee of reference for the CDE. In addition to any other duties under the plan, the bill requires the CDHE, among other provisions, to collaborate with the CDE concerning policies and programs that support early transition planning, including postsecondary education; the use of assistive technology; and the retention and graduation of students with disabilities attending higher education institutions. The bill directs the CDHE to actively participate in the federal mentoring program to coordinate employment first practices in the higher education setting. The CDHE shall provide information to HCPF to prepare the annual report on the employment first policy and present the report to the general assembly's committee of reference for the CDHE. The bill takes effect July 1, 2016.
CONCERNING INCREASING THE ALIGNMENT OF POSTSECONDARY AND WORKFORCE READINESS INIT IATIVES AT THE SECONDARY EDUCATION LEVEL WITH POSTSECONDARY CAREER AND TECHNICAL EDUCATION.
Sponsors: TODD / YOUNG
The bill requires that, if a student chooses to follow a career pathway, the student's individual career and academic plan must be aligned with the plan of study, if any, that is appropriate to the student's career goal. The bill directs the commissioner of education to ensure that the department of education (department) aligns the postsecondary and workforce readiness programs and initiatives that it implements with the model plans of study created by the community college system. The bill requires the department, in collaboration with the community college system, to create and make available informational materials that explain the alignment of the state academic standards, the state high school graduation guidelines, and the postsecondary and workforce initiatives and programs that the department implements with the model plans of study and the career pathways.
House Committee on Education Postpone Indefinitely
CONCERNING THE CREATION OF A RURAL ECONOMIC EMERGENCY ASSISTANCE GRANT PROGRAM FOR THE PROVISION OF EMERGENCY-BASED GRANT FUNDS TO RURAL COMMUNITIES EXPERIENCING CERTAIN SIGNIFICANT ECONOMIC EVENTS THAT HAVE LED TO SUBSTANTIAL JOB LOSS IN THE RURAL COMMUNITY, AND, IN CONNECTION THEREWITH , AUTHORIZING THE DEPARTMENT OF LOCAL AFFAIRS TO ADMINISTER THE GRANT PROGRAM.
Sponsors: DONOVAN / YOUNG
The bill creates the rural economic emergency assistance grant program (program) within the department of local affairs (department) for the purpose of disbursing emergency-based grant funds to rural communities experiencing significant economic events, such as a plant closure or layoffs including industry-wide layoffs, that have a significant, quantifiable impact on jobs within the rural community. The bill also creates the rural economic emergency assistance grant fund, to be administered by the executive director of the department, for implementation of the program and into which $2 million is transferred from the unclaimed property trust fund for the 2016-17 state fiscal year and to which grants, gifts, and donations may be transmitted.
Senate Committee on Appropriations Postpone Indefinitely
CONCERNING A LIMITATION ON A STATE AGENCY'S AUTHORITY TO IMPOSE A FINE.
For purposes of the bill, a "discretionary fine" means a penalty in an amount set by a state agency that is capped in law at $1,000 or more or that has no statutory cap. A state agency is prohibited from imposing a discretionary fine unless:
* The state agency provides written notice of the violation of the state law or rule to the violator; and
* The violator fails to cure the violation on or before the 20th business day after receipt of the written notice of the violation. The bill also establishes a maximum amount of a discretionary fine, notwithstanding any specific provision of law to the contrary. But this maximum only applies if a violator provides the state agency with the requested information that allows the state agency to determine the maximum amount.
House Committee on Finance Postpone Indefinitely
CONCERNING THE METHODS USED BY THE DEPARTMENT OF REVENUE TO COLLECT CONSUMER USE TAX.
Consumer use tax is the complement to sales tax and is due on the purchases of goods where the retailer did not charge sales tax. For example, any time consumers make an internet purchase and the out-of-state retailer does not charge sales tax, the purchaser should pay the equivalent amount of sales tax as consumer use tax directly to the department of revenue. The Colorado department of revenue has added a use tax line to the 2015 individual income tax return form in an effort to make self-reporting of use tax more convenient for consumers. The bill specifies that after the 2015 income tax year the department of revenue is not allowed to add use tax reporting lines to the individual income tax return form for any reason. The bill also prohibits the department of revenue from auditing any taxpayer for any amount he or she reported on the use tax lines included in the 2015 individual income tax return form.
House Committee on Finance Postpone Indefinitely
CONCERNING CLARIFYING THAT TEST RESULTS RELATING TO CERTAIN DUI OFFENSES ARE NOT PUBLIC INFORMATION.
Sponsors: COOKE / FOOTE
The bill states that the database compiled by the department of public health and environment (department) containing the results of tests of persons' blood alcohol content and drug content, and all records and data thereof, are not public information. The department shall disclose the results of such a test only to:
* The individual who is the subject of the test, or to his or her legal representative; or
* A named interested party in a civil or criminal action in which the test results are directly related, or to his or her legal representative.
CONCERNING THE TRANSFER OF PROPERTY RIGHTS UPON THE DEATH OF A PERSON, AND, IN CONNECTION THEREWITH , INCLUDING INHERITED INDIVIDUAL RETIREMENT ACCOUNTS AND INHERITED ROTH INDIVIDUAL RETIREMENT ACCOUNTS AS PROPERTY EXEMPT FROM LEVY AND SALE UNDER WRIT OF ATTACHMENT OR WRIT OF EXECUTION , CLARIFYING DETERMINATION-OF-HEIRSHIP PROCEEDINGS IN PROBATE, AND ENACTING PORTIONS OF THE "UNIFORM POWER OF APPOINTMENT ACT".
Sponsors: TATE / PABON
Under current law, a certificate of death, a verification of death document, or a certified copy thereof, of a person who is a joint tenant may be placed of record with the county clerk and recorder of the county in which the real property affected by the joint tenancy is located, together with a supplementary affidavit. The bill removes the requirement that the person who swears to and affirms the supplementary affidavit has no record interest in the real property. The bill includes inherited individual retirement accounts and inherited Roth individual retirement accounts as property exempt from levy and sale under writ of attachment or writ of execution. The bill amends provisions concerning determination-of-heirship proceedings, as follows:
* Clarifies the definition of "interested person" so that anyone affected by the ownership of property may commence a proceeding;
* Describes when an unprobated will may be used as part of a proceeding;
* Clarifies notice requirements; and
* Ensures that a judgment and decree will convey legal title as opposed to equitable title. The bill enacts portions of section 5 of the "Uniform Power of Appointment Act", with amendments.
CONCERNING A REDUCTION IN ANNUAL LIQUOR LICENSING FEES FOR SPECIFIED LICENSEES.
Sponsors: HILL / PABON
The bill reduces annual liquor license fees for:
* Manufacturers licensed as distillers or rectifiers from $1,050 to $300; and
* Licensed wholesalers from $1,050 to $550.
CONCERNING A STUDY OF AN ORGANIZATIONAL RECODIFICATION OF TITLE 12 OF THE COLORADO REVISED STATUTES GOVERNING THE REGULATION OF PROFESSIONS AND OCCUPATIONS.
Sponsors: JOHNSTON / KAGAN
Committee on Legal Services. The bill directs the office of legislative legal services, overseen by the committee on legal services, to conduct a study of an organizational recodification of title 12 of the Colorado Revised Statutes. In conducting the study, the office must solicit input, including regarding the potential fiscal impacts of a recodification, from the judicial department, state agencies, local governments, and other entities with regulation and enforcement responsibilities established by provisions of the title as well as from representatives of the regulated professions and occupations and from the public. The office must periodically report to the committee about the status of the study. The bill requires the committee to determine by December 31, 2017, whether to direct the office to present proposed legislation to the committee for an organizational recodification. The proposed recodification should be largely organizational and nonsubstantive, including only those substantive provisions necessary to promote the public purposes of an organizational recodification, such as changes that will make similar but repetitive provisions uniform and capable of consolidation and changes that will eliminate archaic or obsolete provisions.
CONCERNING IMPROVEMENTS TO THE PROCESSES USED BY THE DEPARTMENT OF LABOR AND EMPLOYMENT REGARDING THE EMPLOYMENT CLASSIFICATION OF AN INDIVIDUAL FOR PURPOSES OF UNEMPLOYMENT INSURANCE ELIGIBILITY.
Sponsors: ROBERTS / DELGROSSO
Under current law, the department of labor and employment (CDLE) determines whether an individual is classified as an employee or an independent contractor for purposes of unemployment insurance eligibility. CDLE has the authority to audit businesses to gather information to assist in making the determination. As it relates to the audit process, the bill requires CDLE to:
* Develop guidance for employers on the statutory factors specified that determine the classification;
* Clarify the process by which an employer or individual may submit further information in response to a determination by the department and prior to an appeal;
* Establish an individual to serve as a resource for employers on certain classification and audit matters;
* Establish internal methods to improve consistency between auditors; and
* Establish an independent review of a portion of audit and appeal results at least twice a year to monitor trends and make improvements to the audit process.
CONCERNING THE RETAIL SALE OF ALCOHOL BEVERAGES, AND, IN CONNECTION THEREWITH , PERMITTING A LIQUOR-LICENSED DRUGSTORE LICENSEE TO HAVE AN INTEREST IN ADDITIONAL LIQUOR-LICENSED DRUGSTORE LICENSES; REQUIRING A LIQUOR-LICENSED DRUGSTORE SEEKING TO ACQUIRE ADDITIONAL LIQUOR-LICENSED DRUGSTORE LICENSES BETWEEN JANUARY 1, 2017, AND JANUARY 1, 2027, TO APPLY TO TRANSFER OWNERSHIP , CHANGE LOCATION, AND MERGE AND CONVERT TWO EXISTING RETAIL LIQUOR STORE LICENSES TO A LIQUOR-LICENSED DRUGSTORE LICENSE; REQUIRING A LIQUOR-LICENSED DRUGSTORE LICENSEE TO DESIGNATE A MANAGER TO CONDUCT THE LICENSEE'S ALCOHOL BEVERAGE OPERATIONS; ESTABLISHING A LIQUOR-LICENSED DRUGSTORE MANAGER'S PERMIT; REMOVING THE MAXIMUM ALCOHOL CONTENT OF FERMENTED MALT BEVERAGES; SETTING APPLICATION AND ANNUAL FEES; EXPANDING THE PRODUCTS THAT RETAIL LIQUOR STORES MAY SELL; ALLOWING A RETAIL LIQUOR STORE LICENSEE TO OBTAIN ADDITIONAL RETAIL LIQUOR STORE LICENSES; AND PROHIBITING LIQUOR-LICENSED DRUGSTORES FROM ADVERTISING, OFFERING TO SELL, OR SELLING ALCOHOL BEVERAGES BELOW THE LIQUOR -LICENSED DRUGSTORE'S COST.
On or after January 1, 2017, and before January 1, 2027, the bill allows a liquor-licensed drugstore to obtain up to 5 additional liquor-licensed drugstore licenses, under which drugstores are permitted to sell malt, vinous, and spirituous liquors in sealed containers for consumption off the licensed premises. On or after January 1, 2017, and before January 1, 2027, a liquor-licensed drugstore seeking to obtain an additional liquor-licensed drugstore license must apply to the state and local licensing authorities, as part of a single application, to transfer ownership of 2 retail liquor stores licensed as of the effective date of the bill, change the location of one of the retail liquor stores, and merge and convert the 2 retail liquor store licenses into a single liquor-licensed drugstore license. Assuming all other requirements for the transfer, merger, and conversion are satisfied, the application is permitted only if:
* The applicant has paid a purchase price of at least $350,000 per retail liquor store to acquire ownership of the 2 retail liquor stores;
* The subject retail liquor store and the drugstore applicant's premises are within the jurisdiction of the same local licensing authority; and
* The drugstore's licensed premises will not be located within 2,500 feet of another licensed liquor retailer within the same local licensing authority's jurisdiction. In making its determination on the application, the local licensing authority may consider the reasonable requirements of the neighborhood. Starting January 1, 2027, a liquor-licensed drugstore may obtain an unlimited number of additional liquor-licensed drugstore licenses without acquiring and converting 2 retail liquor store licenses. A liquor-licensed drugstore shall:
* Not sell alcohol beverages at a price that is lower than the drugstore's cost to purchase the products;
* Ensure that an employee completes alcohol beverage transactions with customers directly rather than through a self-checkout register;
* Ensure that employees who are involved in selling alcohol beverages maintain certification as responsible alcohol beverage vendors;
* Not sell clothing or accessories imprinted with advertising, logos, or slogans related to alcohol beverages;
* Not store alcohol products off the licensed premises;
* Designate a manager who has been permitted by the state licensing authority to conduct the store's alcohol beverage purchases with licensed wholesalers; and
* Shelve and display its alcohol beverage merchandise separately from nonalcohol products it offers for sale. Additionally, a drugstore that obtains a liquor license on or after January 1, 2017, must effect payment upon delivery and cannot purchase alcohol beverages on credit. The bill removes the maximum alcohol content of fermented malt beverages, thereby allowing licensed fermented malt beverage retailers to sell beer with an alcohol content in excess of 3.2% by weight or 4% by volume. Wholesalers, manufacturers, and their employees cannot stock liquor-licensed drugstore shelves with alcohol beverages or otherwise provide shelving, displaying, or similar services to a liquor-licensed drugstore. The state licensing authority may issue a manager's permit to a liquor-licensed drugstore manager who controls the drugstore's alcohol beverage operations if the permit applicant satisfies specified criteria. A liquor-licensed drugstore must pay an application fee to both the state licensing authority and the local licensing authority and, if the application is granted, is subject to applicable annual liquor-licensed drugstore licensing fees. The bill expands the nonalcohol products that a retail liquor store may sell, including soft drinks, snack foods, wine-, beer-, and spirits-making kits and related supplies, clothing and accessories related to alcohol beverages, lottery tickets, tobacco and related products, and any other merchandise not related to the consumption of alcohol beverages if the annual gross revenue from the other merchandise does not exceed 20% of the retail liquor store's total annual gross revenue. The bill permits a retail liquor store owner to have an interest in up to 5 additional retail liquor store licenses. All licensed retailers will have to verify that each customer attempting to purchase alcohol beverages is at least 21 years of age by requiring the customer to present a valid, government-issued document that includes the customer's photograph and date of birth. A liquor-licensed drugstore is prohibited from allowing an employee under 21 years of age to sell, deliver, or otherwise have contact with malt, vinous, or spirituous liquors offered for sale on, or sold and removed from, the licensed premises.
CONCERNING A BAN ON POWDERED ALCOHOL .
Sponsors: CADMAN / HULLINGHORST
In 2015, the general assembly enacted HB 15-1031, which directed the state licensing authority to adopt rules establishing a mechanism for regulating the manufacture, sale, purchase, possession, and use of powdered alcohol if the federal alcohol and tobacco tax and trade bureau approves the purchase, sale, possession, or manufacturing of powdered alcohol. The 2015 legislation also directed the state licensing authority to adopt rules specifying the excise tax that would apply to powdered alcohol. The bill repeals the rule-making authority granted by HB 15-1031 and instead prohibits the use, possession, sale, purchase, transfer, or manufacture of powdered alcohol. The bill also specifies that a person who violates the prohibition commits a class 2 misdemeanor. Research hospitals, educational institutions, and pharmaceutical or biotechnology companies conducting bona fide research are excluded from the prohibition.
Senate Committee on Business, Labor, & Technology Postpone Indefinitely