Electricians - local inspection fees - limitations. The act repeals the prohibition against local governments and state institutions of higher education charging more than 15% more than the state charges to perform an inspection of electrical work, and instead subjects the inspection fee to a $120 cap that is adjusted annually for inflation with a potential additional 8% tiered charge based on the size or valuation of the inspected improvement. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
School employees - background checks - fingerprinting. Under current law, school employees are required to undergo a fingerprint-based background check. In most statutes, the fingerprints can be taken by a qualified law enforcement agency, an authorized employee of the school or school district, or a third party approved by the Colorado bureau of investigation, but a few statutes do not authorize fingerprints to be taken by an authorized school or school district employee. The act adds that authorization to those statutes. The act requires a law enforcement agency that has fingerprinting equipment that meets federal bureau of investigation image quality standards to take the fingerprints of an applicant if an approved third-party vendor is not operating within 20 miles of a school district, charter school, or nonpublic school in the agency's jurisdiction. The act states that a school or school district employee can use any fingerprinting equipment that meets the federal bureau of investigation image quality standards.(Note: This summary applies to this bill as enacted.) Read More
Public hospitals - boards of trustees - membership - acquisition of real and personal property by lease. Under current law, not more than 4 of the 7 trustees of a public hospital board of trustees (hospital board) may be residents of the city or town in which the associated hospital is located. The act removes this restriction. Current law states that a hospital board may acquire real and personal property by lease only with the approval of the board of county commissioners. The act clarifies this requirement and creates an exception to it; that is, a hospital board that has designated its public hospital as an enterprise for purposes of section 20 of article X of the state constitution is not required to obtain such approval. (Note: This summary applies to this bill as enacted.) Read More
Legislative appropriation - reappropriation from general assembly to legislative council. $51,308,908 is appropriated to the legislative department for the payment of expenses in the 2019-20 state fiscal year. Additionally, the act appropriates $25,000 to the youth advisory council cash fund within the legislative department. For the 2018-19 state fiscal year, the act reappropriates $125,780 from money appropriated for use by the general assembly to the legislative council and adds 0.5 FTE to the legislative council for purposes of printing legislative bills, memorials, resolutions, calendars, and journals of the general assembly. (Note: This summary applies to this bill as enacted.) Read More
Legislative council - executive committee - appointment of temporary replacements. An ex officio member of the legislative council may make a temporary appointment to replace himself or herself at a meeting of the council. A temporarily appointed member cannot replace the ex officio member at a meeting of the executive committee.(Note: This summary applies to this bill as enacted.) Read More
Multi-district online schools - enrollment data - accountability. The act directs the online division in the department of education (department) to prepare an annual report concerning students who withdraw from enrollment in an online school after the annual count date. The report must include the date on which the student withdrew from enrollment, the grade level at which the student was enrolled at the beginning of the school year and when the student withdrew, and, to the extent known, whether during the same school year the student enrolled in another school or graduated or completed high school. The department must submit the report to the state board of education and the education committees of the general assembly. Before passage of the act, the statute required a school district, a group of school districts, a board of cooperative services, or the state charter school institute that seeks to authorize a multi-district online school to first obtain certification for the multi-district online school from the department. Under the act, if an existing multi-district online school changes authorizers, the new authorizer must obtain a new certification of the multi-district online school. An online school is subject to the same accountability requirements as apply to other public schools. The act states that if an online school is on performance watch and changes authorizers, either in its original form or as a successor school, or if the online school is created as a successor school with the same authorizer, the online school remains on performance watch. If an online school is closed because of actions taken as a result of accountability, the online school must apply for a new certification before it can operate again either as the original online school or as a successor school, regardless of whether the online school changes authorizers. (Note: This summary applies to this bill as enacted.) Read More
Intrastate air carriers - reports to aeronautics division. The act removes the requirement that air carriers providing intrastate air service within Colorado file semiannual reports with the aeronautics division regarding the on-time performance and the number of passengers denied boarding on intrastate flights by the air carrier.(Note: This summary applies to this bill as enacted.) Read More
Hazardous materials - routing for transport. The act authorizes a public highway authority or a governmental partner in a public-private partnership to apply to the Colorado state patrol (CSP) for a new or modified hazardous materials route designation for a road or highway that it directly or indirectly maintains. The act also requires the department of transportation (CDOT) to conduct a study to assess the feasibility of allowing the transportation of hazardous materials through the Eisenhower-Edwin C. Johnson Memorial Tunnel and prepare a study report no later than December 1, 2020, that includes findings and recommendations as to whether and under what conditions the transportation of hazardous materials through the tunnel should be allowed. CDOT must solicit input from representatives of specified counties, towns, communities, ski resorts, industries, organizations, and emergency services providers and from the department of public safety, including representatives of the division of fire prevention and control and the CSP, regarding the scope of the study and must consider specified information and criteria and conduct specified types of analysis when conducting the study.(Note: This summary applies to this bill as enacted.) Read More
Health insurance - required contract provisions between a carrier and a health care provider - payment of premiums - provision of benefits. The act requires a contract for a health benefit plan between a carrier and a policyholder to state, as an alternative to existing premium payment requirements, that a policyholder must pay premiums to the carrier through the date that the individual covered under the policy is no longer eligible or covered if the policyholder notifies the carrier within 10 business days after the date of ineligibility or noncoverage because the individual left employment without notice to the employer or the employee was terminated for gross misconduct. The act also clarifies that: If the policyholder notifies the carrier within the 10-day period, the carrier is not required to provide benefits to the individual after the date that the individual is no longer eligible or covered; and A carrier and a policyholder may agree to a different date where premium payments are not required.(Note: This summary applies to this bill as enacted.) Read More
Prescribing health care practitioners - electronic prescribing of controlled substances - exceptions. The act requires health care practitioners with prescribing authority to prescribe schedule II, III, or IV controlled substances only via a prescription that is electronically transmitted to a pharmacy unless a specified exception applies. The requirement to electronically prescribe starts on July 1, 2021, for podiatrists, physicians, physician assistants, advanced practice nurses, and optometrists, and on July 1, 2023, for dentists and practitioners serving rural communities or in a solo practice. Prescribing practitioners are required to indicate on license renewal questionnaires whether they have complied with the electronic prescribing requirement. Pharmacists need not verify the applicability of an exception to electronic prescribing when they receive an order for a controlled substance in writing, orally, or via facsimile transmission and may fill the order if otherwise valid under the law. Specifies that certain sections take effect only if HB 19-1172 becomes law. (Note: This summary applies to this bill as enacted.) Read More
Limitations on damages - adjustment for inflation every 2 years. The limitations on the amount of damages for unlawfully serving alcohol, for noneconomic loss or injury, and for wrongful death were last adjusted for inflation on January 1, 2008. The act adjusts those damage limitations for inflation on January 1, 2020, and each January 1 every 2 years thereafter.(Note: This summary applies to this bill as enacted.) Read More
Uniform civil remedies for unauthorized disclosure of intimate images act. The act creates the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act". An individual whose body is shown in whole or in part in an intimate image and who has suffered harm from a person's intentional disclosure or threatened disclosure of that intimate image without the depicted individual's consent has a cause of action against that person if the person knew: The depicted individual did not consent to the disclosure; The intimate image was private; and The depicted individual was identifiable. The act provides an exception to the civil action if the disclosure is made in good faith under various circumstances or if the person disclosing the image is a parent or guardian and has not disclosed the image for purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. A successful plaintiff may recover: The greater of: Economic and noneconomic damages proximately caused by the defendant's disclosures or threatened disclosures, including damages for emotional distress whether or not accompanied by other damages; or Statutory damages not to exceed $10,000 against each defendant found liable for all disclosures or threatened disclosures by the defendant; An amount equal to the gain made by the defendant from disclosure of the intimate image if applicable; Punitive damages; Reasonable attorney fees and costs; and Additional relief, including injunctive relief. The civil action has a 6-year statute of limitation. (Note: This summary applies to this bill as enacted.) Read More
