The bill amends the statutes relating to the early childhood leadership commission (commission) in the department of human services (department) as follows: Makes changes to the legislative declaration, mission, and duties of the commission to include consideration of families of pregnant women and children; Repeals the early childhood leadership commission fund. Changes the title of the person appointed to assist the department in fulfilling the duties of the commission from 'executive director' to 'director'; Removes the requirement that the director be compensated from money credited to the early childhood leadership commission fund, and instead requires that the director be compensated with federal funds or gift, grants, or donations, and not with money from the general fund; Permits the commission to seek, accept, and expend gifts, grants, and donations for the expenses of the commission; and Extends the repeal date and sunset review of the commission prior to its repeal from 2018 to 2023.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires any licensed physician, physician assistant, or anesthesiologist assistant (licensee) who attends or treats any of certain injuries, including injuries resulting from domestic violence, to report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located. The bill states that a licensee is not required to report an injury that the licensee has reason to believe involves an act of domestic violence if: The victim of the injury is at least 18 years of age and indicates his or her preference that the injury not be reported; The injury is not an injury that the licensee is otherwise required to report; and The injury is not a serious bodily injury. When a licensee declines to report an injury that he or she has reason to believe resulted from domestic violence pursuant to the victim's expressed preference, the licensee shall document the victim's request in the victim's medical record. Before a licensee reports an injury that he or she has reason to believe resulted from domestic violence, the licensee shall make a good-faith effort, confidentially, to advise the victim of the licensee's intent to do so. If a licensee has reason to believe that an injury resulted from domestic violence, then, regardless of whether the licensee reports the injury to law enforcement, the licensee shall either refer the victim to a victim's advocate or provide the victim with information concerning services available to victims of abuse. A licensee who, in good faith, refers a victim to a victim's advocate or provides a victim with information concerning services available to victims of abuse is not civilly liable for any act or omission of the victim's advocate or of any agency that provides such services to the victim. Under current law, any licensee who, in good faith, makes such a report of an injury is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. The bill states that a licensee who does not make a report under the new conditions described in the bill is also immune to such liability. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The existing all-inclusive care for the elderly (PACE) program includes the state PACE ombudsman. The bill adds local PACE ombudsmen to the state ombudsman's office (office). The bill contains provisions relating to local PACE ombudsmen, including training, designation as representatives of the office, access to PACE centers and participants, authority to file complaints on behalf of PACE participants, and immunity from liability. The bill includes time frames for the state PACE ombudsman to complete duties and functions of the office, including establishing statewide policies and procedures for investigating and resolving complaints relating to PACE programs and training local PACE ombudsmen. The department of human services shall report to the joint budget committee and to its legislative committee of reference concerning the long-term care ombudsman program and the state PACE ombudsman program, including program caseloads and the need, if any, for additional local ombudsmen. The bill repeals statutory provisions relating to stakeholder recommendations and a report concerning the expansion of the PACE ombudsman program to include local PACE ombudsmen. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law prohibits a motor vehicle manufacturer (manufacturer) from requiring a motor vehicle dealer (dealer) to substantially alter a facility or premises if the manufacturer required it within the last 7 years at a cost set in statute based on the type of dealer. Section 1 of the bill extends this prohibition to 10 years. Section 1 also prohibits a manufacturer from: Selling a similarly equipped motor vehicle to one dealer at a lower price than to another dealer; Requiring or enforcing a contract giving the manufacturer a right of first refusal or an option to purchase the dealership; and Using an unreasonable, arbitrary, unfair, or surprise performance standard in determining a dealer's compliance with a franchise agreement. Section 2 repeals a provision that gives a dealer a right of first refusal for new franchises when the dealer was terminated due to the insolvency of the manufacturer. Section 2 also authorizes a dealer to sue in court to contest a manufacturer adding or moving a dealership to a market with a current dealer when this action would materially and adversely affect the dealer or the public. Such an action may currently be done administratively. Procedures are set for the civil action and an administrative hearing. Standards are set for determining the outcome. A prevailing party may get attorney fees and costs. Section 3 authorizes a dealer to sue a manufacturer in court to contest whether a termination was for just cause or for failing to provide notice of a termination. Such an action may currently be done administratively. The current process for staying the termination is strengthened. The manufacturer has the burden of proof. A prevailing dealer may get attorney fees and costs. Section 4 requires a manufacturer, when the manufacturer requires the dealer to stop selling a used motor vehicle due to a technical mechanical issue, to provide parts and a solution within 30 days or to provide compensation to the dealer. Standards are set for eligibility and payment.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill clarifies that a student who participates in the accelerating students through concurrent enrollment program, which allows the student to remain enrolled as a high school student while concurrently enrolling in postsecondary courses during the school year immediately following the student's twelfth-grade year, is counted in the enrolling school district's or institute charter school's graduation rate in the year in which the student completes the high school graduation requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, when an employee or manager of a retail business applies for an occupational license, the person must be a Colorado resident on the date of his or her application. The bill gives the state licensing authority the ability to create an exemption to the residency requirement for a person applying for an occupational license for participation in a marijuana-based workforce development or education program if the person files an affirmation that he or she is participating in a program that requires access to licensed premises. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows nonadmitted insurers to offer only property and casualty insurance as types of surplus lines insurance. The bill: Defines 'disability insurance' as insurance that is in excess of policy limits available from an admitted insurer, provides income replacement to an insured who becomes an individual with a disability while covered by a policy, and does not provide coverage for the diagnosis or treatment of an insured's disability; and Allows nonadmitted insurers to offer disability insurance as a type of surplus lines insurance.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill requires the state auditor to retain a qualified, independent third-party consulting firm (firm) to evaluate: The centralization of the management of state agency information technology resources in the office of information technology (office) as a result of legislation adopted by the general assembly in 2008; Whether the executive branch of state government has a strategic plan in place to guide its process for evaluating, prioritizing, and selecting information technology projects that require new or ongoing appropriations of state money; The opportunities the state has to interface with the public through information technology; The office's working relationship with state agencies and institutions that were not included in the centralization of state agency information technology resources in the 2008 legislation but that rely on the office to provide certain information technology services or resources; and Consumer satisfaction among state agencies with the management of state agency information technology resources and access to state government via information technology resources. The firm is required to provide the joint budget committee with an update regarding its progress in June 2018 and submit a report to the legislative audit committee, the joint technology committee, the joint budget committee, and the office by December 2018. The report is required to include recommendations to the office for industry best practice standards, recommendations for areas in which the office could work with the general assembly to improve the management of information technology resources and services, recommended future options for the state to solicit feedback from state residents regarding the public's opportunities to interface with state government, and policy discussions directed toward the general assembly. After receiving the report from the consulting firm, the joint budget committee, the joint technology committee, the office of information technology, and any other relevant office or department shall meet to discuss the implementation of the recommendations made in the report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
With respect to the nongame and endangered wildlife tax check-off, which is scheduled to sunset in 2018, the bill: Expands and renames the check-off as the Colorado nongame conservation and wildlife restoration voluntary contribution program (check-off) for the purpose of benefiting all wildlife in Colorado; Extends the future repeal date of the check-off by 5 years; Specifies that the voluntary contribution moneys allocated to the division of parks and wildlife (division) in the department of natural resources (i.e., 90% of the first $250,000 and $75% of the moneys over that initial $250,000 in contributions per year) will continue to be used by the division for the protection and perpetuation of nongame and endangered wildlife; Provides that the remainder of the moneys received through the check-off (i.e., 10% of the first $250,000 received and 25% of the moneys above $250,000 contributed each year) will be used to make grants for wildlife rehabilitation in the state; For the facilitation of the wildlife rehabilitation grant program, creates the Colorado nongame conservation and wildlife restoration cash fund (fund) authority that is overseen by a seven-member board of directors (board); Describes the process by which the board makes recommendations to the division for authorizing grants to rehabilitators and requires the board to develop guidelines for processing and evaluating grant applications; and Specifies that the board is subject to open records and open meetings laws. Sections 3 and 4 make conforming amendments necessitated by the change of the name of the fund. To implement the bill, section 5 makes an appropriation of $2,200 for the 2017-18 fiscal year from the fund to the department of revenue.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends the pharmacy practice law to specify that it is unlawful to possess, sell, dispense, give, receive, or administer an adulterated or misbranded drug or device, within the meaning of the 'Colorado Food and Drug Act', or a counterfeit drug, as defined in the bill. A person who engages in an unlawful act is subject to a civil fine of between $1,000 and $10,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill changes the name of the Emily Maureen Ellen Keyes organ and tissue donation awareness fund to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund (fund). The bill clarifies that designation as an organ and tissue donor (donor) by an applicant for a driver's license, instruction permit, or license renewal remains in effect until revoked by the applicant. Section 1 also removes the repeal date of the fund and adds a requirement that the recipient of money from the fund (Donor Alliance, Inc.) must file an annual report with the department of revenue detailing the amounts and uses of all funds received. The report must be presented by the department of revenue at the hearing required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. Section 2 of the bill continues the option that allows applicants for a driver's license, instruction permit, or license renewal to donate to the fund and, if not already a donor, to volunteer to become a donor. Section 3 of the bill provides for an appropriation from the fund to the department of revenue for costs necessary to implement the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
During the 2016 session, the general assembly adopted an expedited process for sealing the criminal records of a person who is acquitted, whose case is completely dismissed, who completed a diversion agreement, or who completed a deferred judgment and sentence. The bill clarifies that many of the general provisions related to criminal record sealing also apply to this expedited process. The bill clarifies that if the case involved a crime that requires a victim to be notified of a motion for record sealing, the court shall allow up to 42 days to provide that notification before ruling on the motion on record sealing. The bill clarifies that the filing fee for state court cases goes to the judicial stabilization fund and the filing fee in a municipal court goes to the municipality. The bill allows the prosecuting attorney or law enforcement agency to release sealed police reports or protection orders to the victim, if the victim demonstrates that there is a need for the reports for a lawful purpose. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
