| Bill # |
Short Title | Sponsors | Bill Summary | Most Recent Status |
| HB17-1003 | Strategic Plan To Address Teacher Shortages | B. McLachlan / D. Coram | The bill requires the department of higher education in partnership with the department of education to examine recruitment, preparation, and retention of teachers and to prepare a strategic plan to address teacher shortages in school districts and public schools within the state. The departments must collaborate with institutions of higher education, school districts, and other education interest groups in preparing the plan. The department of higher education must submit the plan to the Colorado commission on higher education, the state board of education, and the education committees of the general assembly by December 1, 2017.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/21/2017 Governor Signed
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| HB17-1004 | College Credit For Military Education And Training | D. Michaelson Jenet (D) | J. Danielson (D) / O. Hill | L. Garcia (D) | The bill requires the governing board of each institution of higher education to adopt, make public, and implement a prior learning assessment policy for awarding academic credit for college-level learning acquired while in the military. The policy adopted by the governing board must require each campus to use the American Council on Education's recommendations on the joint services transcript and, at its discretion, assign appropriate credit. Further, the institutions shall provide specific guidance to active duty and veteran military members in selecting a program of study and optimizing prior learning assessment credit. Finally, the institutions shall accept in transfer from other state institutions prior learning assessment credit awarded for courses with guaranteed-transfer designation.
During the 2018 legislative session, the department of higher education shall report to certain committees of the general assembly concerning the policies adopted by the institutions.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/1/2017 Governor Signed
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| HB17-1007 | Tax Benefit Employer Collegeinvest Contribution | A. Garnett / B. Gardner | The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate.
The bill allows an employer, whether filing as an individual or a corporation, to claim a deduction for any amount that the employer contributes to an employee's college trust account or savings account that is administered by collegeinvest. This deduction may be claimed even if the contribution has already been deducted from the employer's federal taxable income.
(Note: This summary applies to this bill as introduced.)
| 4/12/2017 House Committee on Education Postpone Indefinitely
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| HB17-1057 | Interstate Physical Therapy Licensure Compact | F. Winter (D) | L. Liston (R) / B. Gardner | A. Kerr | The bill enacts the 'Interstate Physical Therapy Licensure Compact Act' that allows physical therapists and physical therapist assistants licensed or certified in a compact member state to obtain a license or certificate to practice physical therapy in Colorado. The bill authorizes the physical therapy board to obtain fingerprints from applicants for a license or certification for the purposes of a fingerprint-based criminal history record check. The compact requires that the physical therapy board participate in the compact's data system and notify the compact commission of any adverse action taken by the board.
Physical therapists and physical therapy assistants are subject to the requirements of the 'Michael Skolnik Medical Transparency Act of 2010'.
$12,386 is appropriated to the department of regulatory agencies for use by the division of professions and occupations for implementation of the bill.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/10/2017 Governor Signed
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| HB17-1069 | Subcommittee On Data Privacy | T. Carver | J. Melton / K. Lundberg | The bill creates within the joint technology committee a subcommittee on data privacy and cyber-security (subcommittee) to consider:
Whether state governmental agencies are collecting or retaining data that exceeds what is necessary and appropriate for such agencies to perform their functions;
Who has access to sensitive data, the extent of such access, and appropriate measures to protect sensitive data; and
Measures to protect sensitive data against unauthorized access, disclosure, use, modification, or destruction.
The subcommittee shall submit its findings to the joint technology committee and to the general assembly by January 1, 2018. The subcommittee is repealed, effective July 1, 2018.
(Note: This summary applies to this bill as introduced.)
| 2/9/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| HB17-1070 | Study Drone Use By Public Safety Agencies | J. Wilson / K. Donovan | D. Coram | The bill requires the center of excellence (center) within the division of fire prevention and control within the department of public safety (department), upon receiving sufficient money in the form of gifts, grants, and donations, to conduct a study concerning the integration of unmanned aircraft systems (UAS) within state and local government operations that relate to certain public-safety functions (study). At a minimum, the study must:
Identify the most feasible and readily available ways to integrate UAS technology within local and state government functions relating to firefighting, search and rescue, accident reconstruction, and emergency management; and
Include consideration of privacy concerns, costs, and timeliness of deployment.
The bill also creates, upon receipt of sufficient money in the form of gifts, grants, and donations, a UAS pilot program (pilot program) to integrate UAS within state and local government operations that relate to certain public-safety functions. The bill requires the center to operate the pilot program.
Not later than one month after completing the study, the center shall submit a report to the wildfire matters review committee and to the judiciary committees of the house of representatives and senate, or to any successor committees. The report must address each item of the center's study, as well as the results of the pilot program.
The bill adds the study and the pilot program as permissible uses of money from the existing Colorado firefighting air corps fund.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/5/2017 Governor Signed
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| HB17-1081 | Olympic Athletes Colorado In-state Tuition | D. Nordberg / S. Fenberg | The bill allows a state-supported institution of higher education to charge in-state tuition to an athlete residing anywhere in Colorado and training in an elite level program in Colorado approved by the United States Olympic committee and the governing body of an Olympic, Paralympic, Pan American, or Parapan American sport. The bill removes the requirement in current law that athletes must be residing in Colorado Springs.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/13/2017 Governor Signed
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| HB17-1094 | Telehealth Coverage Under Health Benefit Plans | P. Buck | D. Valdez / L. Crowder | K. Donovan | Under current law, health benefit plans are required to cover health care services delivered to a covered person by a provider via telehealth in the same manner that the plan covers health care services delivered by a provider in person. The bill clarifies that:
A health plan cannot restrict or deny coverage of telehealth services based on the communication technology or application used to deliver the telehealth services;
The availability of telehealth services does not change a carrier's obligation to contract with providers available in the community to provide in-person services;
A covered person may receive telehealth services from a private residence, but the carrier is not required to pay or reimburse for any transmission costs or originating site fees the covered person incurs;
A carrier is to apply the applicable copayment, coinsurance, or deductible amount to health care services a covered person receives through telehealth, which amount cannot exceed the amount applicable to those health care services when delivered through in-person care; and
Telehealth includes health care services provided through HIPAA-compliant audio-visual communication or the use of a HIPAA-compliant application via a cellular telephone but does not include voice-only telephone communication or text messaging.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/16/2017 Governor Signed
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| HB17-1134 | Hold Colorado Government Accountable Sanctuary Jurisdictions | D. Williams / V. Marble | The bill is known as the 'Colorado Politician Accountability Act'.
The bill includes a legislative declaration that states that addressing sanctuary jurisdictions is a matter of statewide concern and that makes findings about how sanctuary policies are contrary to federal law and state interests.
The bill creates a civil remedy against the state or a political subdivision of the state (jurisdiction) and against its elected officials for creating sanctuary policies. The bill also creates a crime of rendering assistance to an illegal alien that can be brought against an elected official for creating a sanctuary jurisdiction.
An elected official is responsible for the creation of a sanctuary jurisdiction if the elected official votes in favor of imposing or creating a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction, fails to take steps to try to change a law, ordinance, or policy that allows the jurisdiction to operate as a sanctuary jurisdiction, or is a county sheriff who imposes or enforces a policy that allows the jurisdiction to operate as a sanctuary jurisdiction in a county in which the elected officials have not voted to impose or create a sanctuary jurisdiction.
The bill allows any person who claims that he or she is a victim of any crime committed by an illegal alien who established residency in a sanctuary jurisdiction to file a civil action for compensatory damages against a jurisdiction and against the elected officials of the jurisdiction who were responsible for creating the policy to operate as a sanctuary jurisdiction. Notwithstanding the protections of the 'Colorado Governmental Immunity Act', the jurisdiction and its officials who are responsible for creating a sanctuary jurisdiction are civilly liable for damages if the person who engaged in the criminal activity:
Is determined to be an illegal alien;
Had established residency in the sanctuary jurisdiction; and
Is convicted of the crime that is a proximate cause of the injury to a person or property.
The maximum amount of compensatory damages for injury to persons is $700,000 per person or $1,980,000 for injury to 2 or more persons; except that no person may recover in excess of $700,000. The maximum amount of compensatory damages for injury to property is set at $350,000 per person or $990,000 for injury to multiple persons; except that no person may recover in excess of $350,000.
The bill defines a 'sanctuary jurisdiction' as a jurisdiction that adopts a law, ordinance, or policy on or after the effective date of this bill that prohibits or in any way restricts an official or employee of the jurisdiction from:
Cooperating and complying with federal immigration officials or enforcing federal immigration law;
Sending to or receiving from or requesting from federal immigration officials information regarding the citizenship or immigration status, lawful or unlawful, of an individual;
Maintaining or exchanging information about an individual's immigration status, lawful or unlawful, with other federal agencies, state agencies, or municipalities;
Inquiring about an individual's name, date and place of birth, and immigration status while enforcing or conducting an official investigation into a violation of any law of this state;
Continuing to detain an individual, regardless of the individual's ability to be released on bail, who has been identified as an illegal alien while in custody for violating any state law; or
Verifying the lawful presence and eligibility of a person applying for a state or local public benefit as required by state and federal law.
The bill sets forth the requirements for determining when an illegal alien has established residency in a sanctuary jurisdiction. An 'illegal alien' is defined as a person who is not lawfully present within the United States, as determined by federal immigration law.
The governing body of any jurisdiction is prohibited from adopting a law, ordinance, rule, policy, or plan or taking any action that limits or prohibits an elected official, employee, or law enforcement officer from communicating or cooperating with an appropriate public official, employee, or law enforcement officer of the federal government concerning the immigration status of an individual residing in the state. The governing body of a jurisdiction is required to provide written notice to each elected official, employee, and law enforcement officer of the jurisdiction of his or her duty to communicate and cooperate with the federal government concerning enforcement of any federal or state immigration law. The governing body of any jurisdiction in this state is required to annually submit a written report to the department of public safety (department) that the jurisdiction is in compliance with the cooperation and communication requirements. If the department does not receive those written reports, the department is required to provide the name of that jurisdiction to the state controller.
A law enforcement officer of a jurisdiction who has reasonable cause to believe that an individual under arrest is not lawfully present in the United States shall immediately report the individual to the appropriate U.S. immigration and customs enforcement office (ICE) within the department of homeland security. The governing body of any jurisdiction is required to report annually to the department on the number of individuals who were reported to ICE by law enforcement officers from that jurisdiction. The department is directed to compile and submit annual reports on compliance to the general assembly and to the state controller. The state controller is required to withhold the payment of any state funds to any jurisdiction that is found by the department to have failed to comply with these reporting requirements. The state controller shall withhold funds until the department notifies the state controller that the jurisdiction is in compliance.
The bill creates the crime of rendering assistance to an illegal alien through a sanctuary jurisdiction, which is a class 4 felony. A person who is an elected official of a jurisdiction commits rendering assistance to an illegal alien through a sanctuary jurisdiction if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of illegal aliens within the jurisdiction:
He or she was responsible for creating a sanctuary jurisdiction in the jurisdiction to which the official is elected; and
When, as a result of the protection afforded by a sanctuary jurisdiction, a third person engages in criminal activity and the third person:
Is an illegal alien as legally defined by federal immigration law;
Had established residency in the sanctuary jurisdiction that was created by the official; and
Has been convicted of a crime that caused injury to a person or to property.
A person who has knowledge of a crime committed by an illegal alien as a result of the creation of a sanctuary jurisdiction may file an affidavit with the attorney general or with a district attorney outlining the crime and requesting that charges be brought or that a grand jury be impaneled. The attorney general or district attorney shall investigate and respond in writing with his or her decision to the person filing the affidavit within 49 days. If the attorney general or district attorney declines to bring charges or impanel a grand jury, the person may file a second affidavit directly with the applicable court.
The bill includes a severability clause and a provision that states that the bill is not subject to judicial review.
The bill takes effect upon passage and applies to acts or omissions occurring on or after said date.
(Note: This summary applies to this bill as introduced.)
| 2/22/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| HB17-1164 | Higher Education Review Degree Program Costs And Outcomes | J. Everett / V. Marble | The bill requires the Colorado commission on higher education (commission) to conduct a review of and report on an analysis of program costs and student outcomes for undergraduate and graduate degree programs offered by the university of Colorado and Colorado state university.
The bill sets forth the components of the degree program review and analysis, including information concerning the cost of the degree program to the student and to the institution of higher education (institution), the average time to complete the degree program, and employment and earnings outcomes for graduates.
As part of its review, the commission shall identify the highest-cost degree programs to students and to the institution and the lowest performing degree programs with respect to graduate employment and earnings, and shall analyze the return on investment for those degree programs to graduates and to the institution.
Two years after the date of the first report, the commission shall complete the review and analysis required in the bill for all state institutions that were not included in the first report. Every 2 years thereafter, the commission shall update the review and analysis of undergraduate and graduate degree programs for all state institutions.
The commission's report shall be submitted to certain committees of the general assembly.
(Note: This summary applies to this bill as introduced.)
| 3/6/2017 House Committee on Education Postpone Indefinitely
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| HB17-1173 | Health Care Providers And Carriers Contracts | C. Hansen (D) / T. Neville | The bill requires a contract between a health insurance carrier (carrier) and a health provider (provider) to include a provision that prohibits a carrier from taking an adverse action against the provider due to a provider's disagreement with a carrier's decision on the provision of health care services. Current law requires the contract to state that the carrier cannot terminate the contract for these same reasons.
The bill also requires the contract to contain provisions that prohibit a carrier from: Taking adverse actions for communicating with public officials on health care issues; filing complaints or reporting to public officials about conduct by a carrier that might negatively affect patient care; provides information in a forum concerning the required contract provisions; reporting alleged carrier violations; or participating in an investigation of an alleged violation.
(Note: This summary applies to this bill as introduced.)
| 4/6/2017 Governor Signed
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| HB17-1177 | Mediation For Disputes Arising Under CORA Colorado Open Records Act | C. Wist | A. Garnett / J. Cooke | Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days.
During the 14-day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/4/2017 Governor Signed
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| HB17-1187 | Change Excess State Revenues Cap Growth Factor | D. Thurlow / L. Crowder | In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things.
The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| HB17-1229 | Workers' Compensation For Mental Impairment | J. Singer | J. Becker / J. Cooke | N. Todd | The bill adds the definitions 'psychologically traumatic event' and 'serious bodily injury' to the workers' compensation statutes for the purposes of clarifying a worker's right to compensation for any claim of mental impairment.(Note: This summary applies to this bill as introduced.)
| 6/5/2017 Governor Signed
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| HB17-1230 | Protect Colorado Residents From Federal Government Overreach | J. Salazar | D. Esgar / L. Guzman | D. Kagan | The bill prohibits a state or political subdivision from:
Providing the race, ethnicity, national origin, immigration status, or religious affiliation of a Colorado resident to the federal government without determining it is for a legal and constitutional purpose;
Aiding or assisting the federal government in creating, maintaining, or updating a registry for the purpose of identifying Colorado residents based on race, ethnicity, national origin, immigration status, or religious affiliation;
Aiding or assisting the federal government or a federal agency in marking or otherwise placing a physical or electronic identifier on a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation; and
Aiding or assisting, including using state or local lands or resources, the federal government in interning, arresting, or detaining a person based on his or her race, ethnicity, national origin, immigration status, or religious affiliation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/10/2017 Senate Committee on Judiciary Postpone Indefinitely
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| HB17-1242 | New Transportation Infrastructure Funding Revenue | D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham | Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:
$375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten-year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and
Of the remaining new sales and use tax revenue:
70% to counties and municipalities in equal total amounts; and
30% to a multimodal transportation options fund created in section 22.
If the voters approve the ballot question:
Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund.
Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid;
The new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality;
Section 10 repeals an existing late vehicle registration fee.
Section 12 requires CDOT to evaluate options for more flexible use of high-occupancy vehicle and high-occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018.
Section 14 repeals the existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes or transit-related capital improvements and limits the use of new state sales and use tax revenue for toll highways;
Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account;
Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding; except that small local governments and transit agencies may provide 20% matching money.
Section 22 also requires CDOT to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology;
Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20;
Section 21 reduces the state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced.
Section 18 requires CDOT to annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and to post the reports and certain user-friendly project-specific information on its website; and
Section 20 creates a transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the TLRC regarding its activities and findings.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/25/2017 Senate Committee on Finance Postpone Indefinitely
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| HB17-1251 | Reporting Requirements By Higher Education Agencies To General Assembly | D. Nordberg / D. Moreno | Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses the reporting requirements of higher education agencies.
Section 3 of the bill repeals a report that was scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there is no repeal date listed in the organic statute.
Sections 1 through 16 of the bill amend the organic statute to continue indefinitely the reporting requirements to send a report to the general assembly notwithstanding the repeal date specified in section 24-1-136 (11)(a)(I).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/25/2017 Governor Signed
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| HB17-1254 | Noneconomic Damages Cap Wrongful Death Of Child | K. Becker | J. Salazar / D. Kagan | The bill eliminates the cap on noneconomic damages for the wrongful death of a minor child. The bill clarifies that, for purposes of the wrongful death statutes, 'minor child' is defined using the general statutory definition of 'minor', which is 'any person who has not attained the age of twenty-one years'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| HB17-1287 | Achieving A Vision For Education In Colorado | B. Rankin | M. Hamner / A. Kerr | K. Priola | The bill creates a strategic planning legislative steering committee (steering committee) to lead the statewide effort to establish a vision for education in the state (vision) and create a strategic statewide education plan (strategic plan) to achieve the vision. The bill creates an executive advisory board consisting of representatives from the departments of education and higher education, a co-chair of the early childhood leadership commission, and a representative from the governor's office. The chair and vice-chair of the steering committee will appoint a statewide advisory board consisting of representatives of the pertinent education stakeholder groups from around the state. The steering committee must contract with a nonprofit, nonadvocacy organization to act as facilitator for the steering committee and the advisory boards.
The bill describes the duties of the steering committee to be completed, with assistance from the advisory boards and the facilitator, in 4 phases. The duties include:
Reviewing and synthesizing input already collected by the departments of education and higher education concerning the state education system;
Reviewing research to identify the critical elements of the existing state education system and benchmarking the elements as implemented in Colorado against the elements as implemented in high-performing states and countries;
Creating a structure and process for soliciting and synthesizing input from around the state to create the vision and the strategic plan; and
After creating the vision and the strategic plan, overseeing the ongoing implementation of the strategic plan, including measuring the state's progress toward achieving the vision, periodically reviewing the vision and strategic plan, and, if necessary, revising the vision and strategic plan.
The steering committee must establish the timeline for creating the vision and the strategic plan and for beginning to implement the strategic plan. Beginning November 15, 2017, the steering committee must submit an annual report to the state board of education, the Colorado commission on higher education, the governor, and the education committees of the general assembly summarizing the work it completes each year and recommending legislative and regulatory changes, if necessary.
The steering committee and the advisory boards are not subject to sunset review.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| HB17-1314 | Colorado Right To Rest Act | J. Salazar | J. Melton | The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.(Note: This summary applies to this bill as introduced.)
| 4/19/2017 House Committee on Local Government Postpone Indefinitely
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| HB17-1332 | Teachers Nonpublic Child Care & Preschool Facility | J. Bridges (D) | J. Wilson / S. Fenberg | J. Smallwood | The bill provides that the state board of education may issue an alternative teacher license to an applicant who agrees to participate fully in a one- or 2-year alternative teacher program provided by a designated agency, which may include working in a nonpublic child care facility or other preschool facility.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/31/2017 Governor Signed
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| HB17-1344 | Innovative Teacher Preparation Pilot Programs | J. Bridges (D) | B. Pettersen / N. Todd | K. Priola | The bill creates the innovative teacher preparation program (program) in the department of education (department). In implementing the program, the department will create a system to collect data concerning teacher preparation programs and create multiple pilot programs to support and investigate innovative approaches to teacher preparation and teacher induction, identify effective strategies, and share best practices among local education providers, alternative teacher programs, and institutions of higher education. The commissioner of education will convene a volunteer advisory committee that includes representatives from institutions of higher education, alternative teacher programs, and local education providers to assist the department in implementing the program. The department will share the data it collects and best practices it identifies through the program with local education providers, alternative teacher programs, and institutions of higher education.
Beginning in January 2018, the department will prepare an annual report concerning implementation of the program, including reporting on the effectiveness of the pilot programs. The department must submit the report to the state board of education, the Colorado commission on higher education, the executive director of the department of higher education, the governor's office, and the education committees of the general assembly.
The program will be funded by gifts, grants, and donations as well as any money the general assembly may appropriate to the program, which may include an appropriation from the state education fund. A local education provider, alternative teacher program, or institution of higher education may also make in-kind contributions for the operation of the pilot programs.
(Note: This summary applies to this bill as introduced.)
| 5/8/2017 House Committee on Education Postpone Indefinitely
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| HB17-1367 | Authorize Marijuana Clinical Research | D. Pabon | J. Arndt / R. Baumgardner | C. Jahn | The bill creates a marijuana research and development license that allows the holder to possess marijuana for research purposes and a marijuana research and development cultivation license that allows the holder to grow, cultivate, possess, and transfer marijuana for research purposes. An applicant must submit with the license application a description of the research to be conducted, and if the research involves a public entity or public money, then the scientific advisory commission shall review and assess the research project. A marijuana research and development cultivation licensee may only sell marijuana it grows to other marijuana research and development cultivation licensees. A marijuana research and development licensee or marijuana research and development cultivation licensee may contract with a public research institution of higher education or another marijuana research and development licensee. The state licensing authority may promulgate rules related to marijuana research and development licenses and marijuana research and development cultivation licenses.
The bill allows a medical marijuana testing facility licensee to test medical marijuana and medical marijuana-infused products for marijuana research and development licensees and marijuana research and development cultivation licensees, and marijuana or marijuana-infused products grown or produced by a registered patient or registered primary caregiver on behalf of a registered patient, upon verification of registration and verification that the patient is a participant in a clinical or observational study conducted by a marijuana research and development licensee or marijuana research and development cultivation licensee.
The bill takes effect July 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/7/2017 Governor Became Law
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| SB17-023 | Register Athlete Agents Revised Uniform Act 2015 | B. Gardner |
Colorado Commission on Uniform State Laws.
Athlete agents first became regulated in Colorado through the enactment of the 'Uniform Athlete Agents Act' in 2008, which, among other requirements, required athlete agents to register with the department of regulatory agencies. The general assembly repealed the registration requirement in 2010.
The bill enacts the 'Revised Uniform Athlete Agents Act (2015)', drafted by the National Conference of Commissioners on Uniform State Laws. The revised act establishes new provisions for registration and renewal of registration for athlete agents, to be administered by the secretary of state. The revised act is subject to sunset review in 2026.
(Note: This summary applies to this bill as introduced.)
| 1/25/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| SB17-033 | Delegate Dispensing Over-the-counter Medications | I. Aguilar / P. Lawrence | The bill allows a professional nurse to delegate to another person, after appropriate training, the dispensing authority of an over-the-counter medication to a minor with the signed consent of the minor's parent or guardian.
(Note: This summary applies to this bill as introduced.)
| 3/30/2017 Governor Signed
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| SB17-040 | Public Access To Government Files | J. Kefalas / D. Pabon | Section 1 of the bill adds a legislative declaration.
Section 4 of the bill modifies the 'Colorado Open Records Act' (CORA) by creating new procedures governing the inspection of public records that are stored as structured data. Section 2 defines key terms including 'structured data', which the bill defines as digital data that is stored in a fixed field within a record or file that is capable of being automatically read, processed, or manipulated by a computer. Section 2 of the bill provides a definition of the term 'infrastructure security data'. Section 2 also specifies that, for purpose of the definition of 'public records in CORA, the terms 'state' and 'agency' include the judicial department of state government.
If the custodian has made the requested records publicly available in a structured data format, section 3 of the bill allows the custodian to satisfy the request by redirecting the requester, in writing and in detail, to the location of the records.
If public records are stored as structured data, section 4 requires the custodian of the public records to provide an accurate copy of the public records in a structured data format when requested. If public records are not stored as structured data but are stored in an electronic or digital form and are searchable in their native format, the custodian is required to provide a copy of the public records in a format that is searchable when requested.
Section 4 specifies the circumstances that exempt the custodian from having to produce records in a searchable or structured data format.
If a custodian is not able to comply with a request to produce public records that are subject to disclosure in a requested format, the custodian is required to produce the records in an alternate format or issue a denial and to provide a written declaration attesting to the reasons the custodian is not able to produce the records in the requested format. If a court subsequently rules the custodian should have provided the data in the requested format attorney fees may be awarded only if the custodian's action was arbitrary or capricious.
Nothing in the bill requires a custodian to produce records in their native format or to release metadata.
When a custodian produces records in a searchable or structured format, the choice of format is in the sole discretion of the custodian.
Section 4 also clarifies that the bill does not relieve or mitigate the obligations of a custodian to produce records in a format accessible to individuals with disabilities in accordance with Title II of the federal 'Americans with Disabilities Act', and other federal or state laws.
Section 5 of the bill adds as an additional ground that a custodian has for disallowing the inspection of public records that the inspection seeks access to infrastructure security data.
This section of the bill also permits the custodian to deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest: Software programs; network and systems architectural designs; source code; source documentation; information in tangible or intangible form relating to released and unreleased software or hardware, database design structures, database schema and architecture, security structures and architecture, and data stored in support structures; agency original design ideas; nonpublic business policies and practices relating to software development and use; and the terms and conditions of any actual or proposed license agreement or other agreement concerning the products and licensing negotiations.
The bill permits any public employee, or former public employee, of any branch or level of government, to request that his or her home address, personal telephone number, or other similar personal identifying or location information be withheld from the production of any public records produced in a structured data or searchable format by presenting to any custodian of such public records a written declaration signed by the employee attesting that disclosure of the personal identifying or location information poses a credible risk to the health, welfare, safety, or security of the employee or to any member of the employee's family or household.
Upon receipt of a signed declaration meeting the bill's requirements or a declaration containing the same information that has been executed by a federal law enforcement agency, POST certified law enforcement official, or a judicial officer, the custodian of any public records produced in a structured data or searchable format is required to either deny the inspection of such public records or redact from any such public records provided to any requester in a structured data or searchable format the employee's personal identifying or location information. The bill prohibits any claim of any kind from being asserted against either any records custodian or any agency of government that is premised on the failure of the custodian or the agency to comply with these requirements of the bill.
If the custodian denies access to any record on the grounds that the record contains infrastructure security data, the bill requires the custodian to forthwith furnish the applicant with a written statement specifying why the requested record is infrastructure security data. At the same time, the custodian is also required to provide copies of the written statement to the attorney general of the state and also to the division of homeland security and emergency management within the department of public safety. The applicant may apply to state district court for a determination that the requested record is in fact a public record and does not satisfy the definition of infrastructure security data. In such legal action, the applicant bears the burden of proof.
Section 5 also expands the grounds permitting the filing of a civil action seeking inspection of a public record to include an allegation of a violation of the digital format provisions in the bill or a violation of record transmission provisions specified in CORA. This section also specifies that altering an existing record, or excising fields of information, to remove information that the custodian is required or allowed to withhold does not constitute the creation of a new public record. Such alteration or excision may be subject to a research and retrieval fee or a fee for the programming of data as allowed under existing provisions of CORA.
Section 6 modifies CORA provisions governing the copy, printout, or photograph of a public record and the imposition of a research and retrieval fee. Among these modifications:
The bill deletes existing statutory language permitting the custodian to charge the same fee for services rendered in supervising the copying, printing out, or photographing of a public record as the custodian may charge for furnishing a copy, printout, or photograph;
The bill replaces a reference in the statute to the phrase 'manipulation of data' with the phrase 'programming, coding, or custom search queries so as to convert a record into a structured data or searchable format';
In connection with determining the amount of the fee for a paper or electronic copy of a public record, the bill specifies that, if a custodian performs programming, coding, or custom search queries to create a public record, the fee for a paper or electronic copy of that record may be based on recovery of the actual or incremental costs of performing the programming, coding, or custom search queries, together with a reasonable portion of the costs associated with building and maintaining the information systems; and
When a person makes a request to inspect or make copies or images of original public records, the bill permits the custodian to charge a fee for the time required for the custodian to supervise the handling of the records, when such supervision is necessary to protect the integrity or security of the original records.
Section 7 repeals the existing criminal misdemeanor offense and penalty for a willful and knowing violation of CORA.
Section 8 of the bill appropriates $50,810 to the judicial department for the 2017-18 state fiscal year from the general fund. This section of the bill also appropriates $855 to the department of law for the 2017-18 state fiscal year. This latter appropriation is from reappropriated funds received from the office of the state public defender in the judicial department. To implement the bill, the department of law is permitted to use this appropriation to provide legal services for the office of the state public defender in the judicial department.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/1/2017 Governor Signed
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| SB17-041 | Higher Education Employment Contract Terms | K. Priola / Y. Willett | E. Hooton | Under current law, institutions of higher education are limited in the number and length of term employment contracts or contract extensions that the institution can award. In addition, institutions are prohibited from providing postemployment compensation or benefits to a government-supported employee after the individual's employment has ended, except in limited situations and in limited amounts. Further, under current law, the terms of government-supported employment contracts are generally available for public inspection.
For state institutions of higher education, the bill exempts the institution's employee positions that are funded by revenues generated through auxiliary activities, as defined in the bill, from the provisions of current law.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Governor Signed
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| SB17-057 | Colorado Healthcare Affordability & Sustainability Enterprise | L. Guzman | The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by:
Participating in a federal program that provides additional matching money to states;
Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to:
Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and
Increase publicly funded insurance reimbursement rates to hospitals; and
Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs.
The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law.
The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to:
Charge and collect the fee from hospitals;
Leverage fee revenue collected to obtain federal matching money;
Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise;
Issue revenue bonds payable from its revenues;
Enter into agreements with HCPF as necessary to collect and expend fee revenue;
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; and
Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business.
The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017.
The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap.
(Note: This summary applies to this bill as introduced.)
| 3/21/2017 Senate Committee on Finance Postpone Indefinitely
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| SB17-060 | Colorado Student Leaders Institute Relocation To Colorado Department Of Higher Education. | N. Todd / J. Wilson | The Colorado student leaders institute currently exists as a pilot program in the lieutenant governor's office. The bill relocates the institute to the department of higher education without change.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 3/20/2017 Governor Signed
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| SB17-062 | Student Free Speech Public Higher Education Campuses | T. Neville / J. Bridges (D) | S. Humphrey | The bill prohibits public institutions of higher education (public institution) from limiting or restricting student expression in a student forum. 'Expression' is defined to mean any lawful verbal or written means by which individuals communicate ideas to one another, including all forms of peaceful assembly, protests, speaking verbally, holding signs, circulating petitions, and disstributing written materials. 'Expression' also includes voter registration activities but does not include speech that is primarily for a commercial purpose.
A public institution shall not subject a student to disciplinary action as a result of his or her expression. A public institution shall not designate any area on campus as a free speech zone or otherwise create policies that imply that its students' expressive activities are restricted to a particular area of campus. Additionally, a public institution shall not impose restrictions on the time, place, and manner of student speech unless such restrictions are reasonable, justified without reference to the speech's content, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels for communication of the information or message.
The bill states that it does not grant other members of the college or university community the right to disrupt previously scheduled or reserved activities in a portion or section of the student forum at that scheduled time. Additionally, the bill clarifies that it is not to be interpreted as preventing the public institution from prohibiting, limiting, or restricting expression that is not protected under the 1st Amendment.
A student who has been denied access to a student forum for expressive purposes may bring a court action to recover reasonable court costs and attorney fees.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/4/2017 Governor Signed
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| SB17-065 | Transparency In Direct Pay Health Care Prices | K. Lundberg / S. Lontine | The bill creates the 'Transparency in Health Care Prices Act', which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide. Health care professionals and facilities are not required to submit their health care prices to any government agency for review or approval. Additionally, the act prohibits health insurers, government agencies, or other persons or entities from penalizing a health care recipient, provider, facility, employer, or other person or entity who pays directly for health care services or otherwise exercises rights under or complies with the act. The bill takes effect January 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/6/2017 Governor Signed
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| SB17-074 | Create Medication-assisted Treatment Pilot Program | L. Garcia (D) / D. Esgar | The bill creates the medication-assisted treatment (MAT) expansion pilot program, administered by the university of Colorado college of nursing, to expand access to medication-assisted treatment to opioid-dependent patients in Pueblo and Routt counties. The pilot program will provide grants to community- and office-based practices, behavioral health organizations, and substance abuse treatment organizations to:
Assist nurse practitioners and physician assistants working in those settings to obtain training and support required under the federal 'Comprehensive Addiction and Recovery Act of 2016' (CARA) to enable them to prescribe buprenorphine and other FDA-approved medications and therapies as part of providing MAT to opioid-dependent patients; and
Provide behavioral therapies in conjunction with medication as part of the provision of MAT to opioid-dependent patients.
The general assembly is directed to appropriate $500,000 per year for the 2017-18 and 2018-19 fiscal years from the marijuana tax cash fund to the university of Colorado board of regents, for allocation to the college of nursing to implement the pilot program.
Each grant recipient must submit a report to the college of nursing regarding the use of the grant, and the college of nursing must submit a summarized report to the governor and the health committees of the senate and house of representatives regarding the pilot program.
The pilot program is established and funded for 2 years and repeals on June 30, 2020.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/22/2017 Governor Signed
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| SB17-084 | Coverage For Drugs In A Health Coverage Plan | C. Jahn / D. Esgar | J. Singer | The bill prohibits a health insurance carrier from excluding or limiting a drug for an enrollee in a health coverage plan if the drug was covered at the time the enrollee enrolled in the plan. A carrier may not raise the costs to the enrollee for the drug during the enrollee's plan year.
(Note: This summary applies to this bill as introduced.)
| 2/9/2017 Senate Committee on Health & Human Services Postpone Indefinitely
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| SB17-088 | Participating Provider Network Selection Criteria | C. Holbert | A. Williams / K. Van Winkle (R) | E. Hooton | The bill requires a health insurer (carrier) to develop and use standards for:
Selecting participating health care providers (providers) for its network of providers; and
Tiering providers within a tiered network if the carrier offers a tiered network.
A carrier cannot establish selection and tiering criteria in a manner that would allow a carrier to discriminate against high-risk populations or exclude providers that treat high-risk populations.
A carrier must make its standards for selecting and tiering available to the commissioner of insurance for review, communicate the standards to providers participating in one or more of the carrier's networks, and make the standards available, in plain language, to the public. Additionally, upon request but not more often than quarterly, a carrier is required to provide a provider who is participating in one or more of its networks with a complete list of all network plans and products the carrier offers to consumers.
At least 60 days before implementing a decision to terminate or place a participating provider in a tiered network, a carrier must notify the affected provider in writing of the pending action, including an explanation of the reasons for the proposed action, and inform the provider of the right to request that the carrier reconsider its decision. The bill requires the carrier to develop procedures for providers to request reconsideration and sets forth minimum requirements for, components of, and deadlines for the procedures.
When a carrier does not select a provider to participate in the carrier's provider network, the carrier shall provide written notice to the provider.
If the commissioner determines that a carrier has failed to comply with a requirement of the bill, the commissioner shall require the carrier to follow a corrective plan and may use enforcement powers available under the insurance laws to obtain compliance.
The bill appropriates $42,006 to the department of regulatory agencies for use by the division of insurance to implement the bill, with $36,828 allocated for personal services and $5,178 allocated for operating expenses and capital outlay costs.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/18/2017 Governor Signed
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| SB17-104 | Catastrophic Plans In Geographic Rating Areas | K. Donovan | The bill requires a health insurance carrier to offer and issue a catastrophic health insurance plan to eligible individuals who are under 30 years of age in certain geographic rating areas for a minimum of 3 years.
(Note: This summary applies to this bill as introduced.)
| 2/15/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
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| SB17-106 | Sunset Registration Of Naturopathic Doctors | D. Coram | I. Aguilar / J. Singer | Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of naturopathic doctors, with modifications, as follows:
Continues the regulation of naturopathic doctors by the director of the division of professions and occupations for 3 years, until September 1, 2020 ( sections 1 and 2 );
Requires insurance carriers to report to the director any malpractice judgments against or settlements entered into by a naturopathic doctor ( sections 5 and 6 );
Adds naturopathic doctors to the list of persons required to report child abuse or neglect ( section 8 ) and mistreatment of at-risk elders and at-risk adults with intellectual and developmental disabilities ( section 7 );
Clarifies that the naturopathic formulary that lists the medicines naturopathic doctors may use in the practice of naturopathic medicine includes prescription substances and devices authorized under the 'Naturopathic Doctor Act' ( section 3 ); and
Corrects the name of the homeopathic pharmacopoeia as it appears in the act ( section 3 ).
Additionally, section 4 of the bill specifies that a naturopathic doctor registered under the 'Naturopathic Doctor Act' may use the titles 'registered naturopathic doctor' or 'registered doctor of naturopathy' or the abbreviation 'R.N.D.'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
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| SB17-128 | Higher Education Behavior Policies | R. Fields / J. Bridges (D) | The bill requires all higher education institutions that receive money from the college opportunity fund (institutions) to adopt policies on sexual assault, domestic violence, dating violence, stalking, and hate crimes involving a student, faculty, or staff member consistent with the provisions of the bill. The bill requires the policy to be published in handbooks and on the institution's website. Institutions are required to review and, if necessary, update the policies every 2 years.
(Note: This summary applies to this bill as introduced.)
| 2/15/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| SB17-142 | Breast Density Notification Required | A. Williams / J. Danielson (D) | The bill requires that each mammography report provided to a patient include information that identifies the patient's breast tissue classification based on the breast imaging reporting and data system established by the American college of radiology. If the health care facility that performed the mammography determines that a patient has dense breast tissue, the facility is required to notify the patient of the determination using specific language.
(Note: This summary applies to this bill as introduced.)
| 4/6/2017 Governor Signed
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| SB17-147 | Distribute Information Federal Loan Forgiveness | S. Fenberg | The bill requires the department of personnel to develop and annually distribute informational materials to state employees concerning federal student loan repayment programs and loan forgiveness programs for which state employees may be eligible. The department of personnel may use existing federal informational materials, if available. The informational materials may be distributed by e-mail or through a regular mailing or communication to state employees. The department of personnel shall update the materials at least annually and distribute any updated materials.
In addition, the department of personnel must distribute the informational materials to:
The department of education, for distribution to school district, charter school, institute charter school, and boards of cooperative services employees;
The department of higher education, for distribution to employees at state institutions of higher education;
The secretary of state, for distribution to nonprofit public service organizations, as defined in the bill, with encouragement for these organizations to distribute the informational materials to their employees; and
The division of local government in the department of local affairs, for distribution to cities, counties, cities and counties, special districts, and other local government entities, with encouragement for those entities to distribute the informational materials to their employees.(Note: This summary applies to this bill as introduced.)
| 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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| SB17-154 | Uniform Unsworn Declarations Act Include Domestic | B. Gardner / C. Wist | Colorado Commission on Uniform State Laws. Colorado has adopted the 'Uniform Unsworn Foreign Declarations Act', which allows the use of foreign unsworn declarations.. The bill expands the uniform law to include domestic unsworn declarations as contemplated by the 'Uniform Unsworn Declarations Act' and clarifies that the act applies only to the use of unsworn declarations in state courts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 4/13/2017 Governor Signed
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| SB17-192 | Marijuana Business Efficiency Measures | T. Neville / J. Singer | J. Melton | The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer.
Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
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| SB17-193 | Research Center Prevention Substance Abuse Addiction | C. Jahn | K. Lundberg / B. Pettersen | B. Rankin | The bill establishes the center for research into substance use disorder prevention, treatment, and recovery support strategies at the university of Colorado health sciences center.
The bill makes an appropriation.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/18/2017 Governor Signed
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| SB17-203 | Prohibit Carrier From Requiring Alternative Drug | N. Todd / P. Covarrubias | C. Kennedy | The bill prohibits a carrier from requiring a covered person to undergo step therapy:
When being treated for a terminal condition; or
If the covered person has tried a step-therapy-required drug under a health benefit plan and the drug was discontinued by the manufacturer.
A carrier that requires step therapy must have an override process for health care providers.
'Step therapy' is defined as a protocol that requires a covered person to use a prescription drug or sequence of prescription drugs, other than the drug that the covered person's health care provider recommends for the covered person's treatment, before the carrier provides coverage for the recommended drug.
(Note: This summary applies to this bill as introduced.)
| 6/2/2017 Governor Signed
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| SB17-206 | Out-of-network Providers Payments Patient Notice | B. Gardner / J. Singer | Under current law, when a health care provider who is not under a contract with a health insurer (out-of-network provider) renders health care services to a person covered under a health benefit plan at a facility that is part of the provider network under the plan (in-network facility), the health insurer is required to cover the services of the out-of-network provider at the in-network benefit level and at no greater cost to the covered person than if the services were provided by an in-network provider.
The bill outlines the method for a health insurer to use in determining the amount it must pay an out-of-network provider that rendered covered services to a covered person at an in-network facility and requires the health insurer to pay the out-of-network provider directly. The bill also establishes an independent dispute resolution process by which an out-of-network provider may obtain review of a payment from a health insurer.
Additionally, the bill requires an in-network facility where a covered person will receive a health care procedure or treatment, the health insurer, and an out-of-network provider who provides health care services to a covered person at an in-network facility to provide specified disclosures to the covered person, explaining that:
An out-of-network provider may provide health care services to the covered person as part of the procedure or treatment provided at the in-network facility;
If the covered person's plan is governed by state law, the services rendered by an out-of-network provider are covered under the plan at the in-network benefit level;
The out-of-network provider will submit a bill to the covered person's health insurer, and if the covered person receives a bill from the out-of-network provider, he or she should contact the health insurer's customer service to resolve the bill; and
The covered person is only responsible for paying the applicable in-network cost-sharing amount, and the carrier is responsible for paying any remaining balance owed the out-of-network provider.
A health insurer that fails to reimburse out-of-network providers as required by the bill and under current law or fails to provide the required notice to the covered person engages in an unfair or deceptive act or practice in the business of insurance and is subject to monetary penalties and other penalties authorized by law.
(Note: This summary applies to this bill as introduced.)
| 4/10/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
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| SB17-254 | 2017-18 Long Appropriations Bill | 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.)
| 5/26/2017 Governor Signed
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| SB17-258 | Using Open Educational Resources In Higher Education | K. Lundberg / B. Rankin | Joint Budget Committee. The bill creates the open educational resources council (council) in the department of higher education (department). The council includes persons appointed by the executive director of the department from public institutions of higher education, the executive director of the department, the commissioner of education, and the state librarian.
The bill directs the department to contract with an entity to evaluate the existing use of open educational resources by public institutions of higher education. The council must facilitate the work of the contracting entity, and, taking into account the findings of the contracting entity, recommend initiatives to expand the use of open educational resources. The council must report the findings of the contracting entity and its recommended initiatives to the joint budget committee and the education committees of the general assembly by November 20, 2017.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/3/2017 Governor Signed
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| SB17-267 | Sustainability Of Rural Colorado | 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:
28.15% less $30 million stays in the general fund;
71.85% is credited to the marijuana tax cash fund; and
$30 million is credited to the state public school fund and distributed to rural school districts as specified in section 4.
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:
15.56% stays in the general fund;
71.85% is credited to the marijuana tax cash fund; and
12.59% is credited to the state public school fund and distributed to all school districts as specified in section 4.
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:
For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16; or
For hospital outpatient services, at least double the amount required to be paid as specified in the rules as of January 1, 2017; except that
For both pharmacy and hospital outpatient services, the amount required to be paid by the recipient may not exceed any specified maximum dollar amount allowed by federal law or regulations as of January 1, 2017.
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.)
| 5/30/2017 Governor Signed
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| SB17-275 | Marijuana Pesticides Test Medical Effectiveness | C. Jahn | R. Baumgardner / J. Melton | J. Singer | Section 1 of the bill directs the department of public health and environment to use marijuana taxes to make research grants regarding the medical efficacy of Colorado-grown strains of medical marijuana. Sections 2 and 3 allow a licensed medical or retail marijuana facility to transfer marijuana to a research facility for purposes of the medical research.
Sections 2 and 3 also:
Allow the use of medical or retail marijuana by a pesticide manufacturer in limited quantities as specified in rules promulgated by the state licensing authority that authorize a pesticide manufacturer to conduct research to establish safe and effective protocols for the use of pesticides on medical or retail marijuana; and
Prohibit a state, local, or municipal agency from employing or using the results of a test of medical or retail marijuana conducted by an analytical laboratory that is not certified by the department of public health and environment and accredited to an accepted industry standard in that field of testing.
The bill appropriates $62,210 from the marijuana cash fund to the department of revenue to implement the act, of which $19,010 and 0.1 FTE is reappropriated to the department of law. The act takes effect January 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 5/9/2017 House Committee on Business Affairs and Labor Postpone Indefinitely
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| SB17-290 | Engineer Excavator Stamp Plan Underground Facility | K. Donovan | R. Scott | Current law requires engineering plans involving excavation to include only general information about the location of underground facilities, and the excavator is the party with the duty to seek specific information about these facilities' locations. The bill requires:
Engineering plans involving excavation to include specific information about the location of underground facilities;
Engineers to use their official stamps on the plans; and
The stamped plans to be given to the person who will conduct the excavation.(Note: This summary applies to this bill as introduced.)
| 5/2/2017 Senate Committee on Transportation Postpone Indefinitely
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| SB17-296 | Financing Public Schools | O. Hill / B. Pettersen | The bill sets the statewide base per pupil funding amount for the 2017-18 budget year at $6,546.20, which is an inflationary increase of 2.8%, and establishes the minimum amount of total program funding for the 2017-18 budget year.
The bill requires that the sum of the total program funding for all schools for the 2017-18 budget year is not less than $6,634,600,182.
The bill authorizes the state board to approve supplemental assistance from the contingency reserve fund for a district that experiences an unusual financial burden that results from implementing a new program or school or expanding a program in the district that results in a 20% or greater increase in the district's pupil enrollment from the pupil enrollment used to calculate the district's total program funding for the applicable budget year. The district must reimburse the contingency reserve fund at the time funding is adjusted for actual pupil enrollment for the applicable budget year.
The bill changes the terminology used in the school finance act to describe the reduction in the state's share of total program funding from the phrase 'negative factor' to 'budget adjustment'.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
| 6/2/2017 Governor Signed
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| SB17-297 | Revising Higher Education Performance Requirements | K. Lambert / M. Hamner | The bill repeals a performance-based funding plan for institutions of higher education (institutions) that was included in the master plan for Colorado postsecondary education. The performance-based funding plan was not implemented.
The bill repeals the statutory provision requiring performance contracts between the department of higher education (department) and each institution, except for performance contracts with the Colorado school of mines and private institutions participating in the college opportunity fund program. Instead, the department and the public institutions shall affirm annually the institutions' contribution toward meeting master plan goals. The department shall report annually to legislative committees concerning the institutions' progress towards those goals using data collected for state and federal reporting and state funding purposes. The department shall post the information on its website. The bill makes conforming amendments relating to the repeal.
The bill repeals a provision that allowed the Colorado commission on higher education (commission) to waive any provision of article 1 of title 23, Colorado Revised Statutes, for a governing board with a performance contract. The bill replaces this with provisions that modify statutory sections that are currently waived or modified for all the state higher education governing boards as part of their performance contracts. Specifically, the bill:
Removes the requirement that an institution submit a proposal to obtain approval from the commission to create, modify, or discontinue an academic or vocational program, so long as the programs offered are consistent with the institution's statutory role and mission;
Amends provisions relating to commission master plan approval and approval of capital construction projects. Under certain circumstances, and with the commission's approval, an institution is not required to seek facility master plan approval or approval of capital construction projects.
Amends provisions related to student fees to enable the commission to waive fee policies.
The bill makes other changes to commission responsibilities, including repealing an obsolete program for designating institutions' programs of excellence, allowing the commission to waive provisions relating to its oversight of graduate program duplication, requiring a report on student fees to continue indefinitely and to address student tuition, and modifying the commission's responsibilities related to the development of cooperative programs among state-supported institutions.
(Note: This summary applies to this bill as introduced.)
| 5/18/2017 Governor Signed
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