Medical marijuana - disabling medical conditions - autism spectrum disorders. The act adds autism spectrum disorders to the list of disabling medical conditions that authorize a person to use medical marijuana for his or her condition. Under current law, a child under 18 years of age who wants to be added to the medical marijuana registry for a disabling medical condition must be diagnosed as having a disabling medical condition by 2 physicians, one of whom must be a board-certified pediatrician, a board-certified family physician, or a board-certified child and adolescent psychiatrist who attests that he or she is part of the patient's primary care provider team. The act removes the additional requirements on specific physicians to align with the constitutional provisions for a debilitating medical condition. The act states if the recommending physician is not the patient's primary care physician, the recommending physician shall review the records of a diagnosing physician or a licensed mental health provider acting within its scope of practice. The act encourages the state board of health, when awarding marijuana study grants, to prioritize grants to gather objective scientific research regarding the efficacy and the safety of administering medical marijuana for pediatric conditions, including but not limited to autism spectrum disorder. (Note: This summary applies to this bill as enacted.) Read More
Electioneering communications - disclosure during period between primary and general election - disclaimer requirement. The state constitution defines an "electioneering communication" to mean certain communication that unambiguously refers to a candidate that is disseminated to the public within 30 days before a primary election or within 60 days before a general election. For purposes of campaign finance disclosure, the act expands the definition of this term in the "Fair Campaign Practices Act" to include any communication that satisfies all other requirements of the definition of the term specified in the state constitution but that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election. The act also requires any person who expends $1,000 or more per calendar year on electioneering communications or regular biennial school electioneering communications to state in the communication the name of the person making the communication in accordance with existing statutory requirements for communication constituting an independent expenditure. (Note: This summary applies to this bill as enacted.) Read More
Prohibition on local government requiring license or permit for a business operated on an occasional basis by a minor - minor business must be located sufficient distance from commercial entity - general police powers still apply. The act prohibits any county, municipality, or city and county (local government) or any agency of a local government from requiring a license or permit for a business that is: Operated on an occasional basis by a minor (a person under the age of 18 years); and Located a sufficient distance from a commercial entity, determined by the local government, that is required to obtain a permit or license from the local government or an agency of the local government to prevent the minor's business from becoming a direct economic competitor of the commercial entity. The act defines "occasional basis" to mean the business does not operate more than 84 days in any one calendar year. The act specifies that it does not prohibit a local government from enacting and enforcing local laws under the local government's general police power in regard to the manner in which a business may be conducted by a minor with the exception of a requirement that the minor obtain a permit or license prior to engaging in the business. (Note: This summary applies to this bill as enacted.) Read More
Severance tax operational fund - distribution - core departmental programs - natural resources and energy grant programs - reserve requirement - cap - transfer to the severance tax perpetual base fund. The act makes the following changes related to the distribution of the money in the severance tax operational fund (operational fund): Defines programs for the department of natural resources that are funded from the operational fund and that were known as "tier-one programs" as "core departmental programs"; Defines transfers that are made after the core departmental programs and a reserve requirement are funded and were known as "tier-two programs" as "transfers to the natural resources and energy grant programs"; Separates an existing reserve into 2 separate reserves, the core reserve and the grant program reserve, while maintaining the overall purpose of each reserve; Establishes a cap on the grant program reserve equal to the maximum transfers to the natural resources and energy grant programs required by law; Requires the state treasurer to make the transfers to the natural resources and energy grant programs on August 15 after a fiscal year and to base the transfers on actual revenue as opposed to estimated revenue; Permits money from the grant program reserve to be used for the transfers to the natural resources and energy grant programs; and If all of the appropriations and transfers have been made and both reserves are full, then requires the state treasurer to transfer any money remaining in the operational fund to the severance tax perpetual base fund.(Note: This summary applies to this bill as enacted.) Read More
Property - rights-of-way and ditches - extent of right-of-way. The act clarifies that a ditch right-of-way, unless expressly inconsistent with the terms upon which the right-of-way was created, includes the right to construct, operate, clean, maintain, repair, and replace the ditch, to improve the efficiency of the ditch, including by lining or piping the ditch, and to enter onto the burdened property for such purposes, with access to the ditch banks, as the exigencies then existing may require, for all reasonable and necessary purposes related to the ditch.(Note: This summary applies to this bill as enacted.) Read More
Community colleges and occupational education - state student advisory council - membership requirement. A state student advisory council (council) exists for community colleges and occupational education. The act eliminates the requirement that a student member of the council must be classified as an in-state student for tuition purposes prior to the election to the council. (Note: This summary applies to this bill as enacted.) Read More
Directed trusts - Colorado Uniform Directed Trust Act. Under current law, the administration of trusts, including directed trusts, is generally governed by certain provisions in the probate code. The act repeals provisions governing directed trustees and creates a new "Colorado Uniform Directed Trust Act", which includes provisions concerning: Judicial proceedings; Trust directors' powers; Duties and liabilities of trust directors and directed trustees; and Powers that are excluded from the act.(Note: This summary applies to this bill as enacted.) Read More
School finance - mid-year adjustment to state share of total program funding - appropriation. The general assembly recognizes that the actual funded pupil count and the actual at-risk pupil count for the 2018-19 budget year are lower than anticipated when the appropriation amount was established during the 2018 legislative session. In addition, local property tax and specific ownership tax receipts are more than anticipated, increasing the local share of total program funding. The act declares the general assembly's intent to reduce state share of total program funding to maintain the dollar amount of the budget stabilization factor established during the 2018 legislative session. The act adjusts the amount of total program funding specified in statute to reflect this intent. The act makes an appropriation to the department of education to correct errors in the calculation and distribution of at-risk funding to the state charter school institute in 2 previous budget years. (Note: This summary applies to this bill as enacted.) Read More
Statute of limitations - failure to report child sexual abuse - 3 years. The act makes the statute of limitations 3 years for failure to report child abuse when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior.(Note: This summary applies to this bill as enacted.) Read More
Prerequisites for land acquisition - department of transportation. Previously, the law provided that when the department of transportation (CDOT) needs to acquire land in order to establish, open, relocate, widen, add mass transit to, or otherwise alter a portion of a state highway, it may only acquire the land after: The chief engineer of CDOT has provided a written report to the transportation commission that describes the project and all land to be acquired for the project, includes a map of the existing and future boundaries of the highway, and estimates the damages and benefits to each affected landowner; and The transportation commission has determined that, after providing 10 days written notice to the affected landowner of the date, time, and location of the commission meeting at which a resolution to authorize a proposed action and the filing of a petition in condemnation for land will be considered and providing the landowner with an opportunity to be heard at the meeting, the project will serve public interest or convenience and adopted a resolution authorizing the chief engineer to offer affected landowners appropriate compensation. The act authorizes CDOT, acting through the chief engineer, to acquire land in such circumstances by purchase or exchange without providing the report or obtaining transportation commission approval. If CDOT needs to acquire land in such circumstances through condemnation, it must provide the report and obtain transportation commission approval. (Note: This summary applies to this bill as enacted.) Read More
Hospitals - regulation of surgical smoke - prevention of human exposure. The act requires each hospital with surgical services and each ambulatory surgical center to adopt and implement on or before May 1, 2021, a policy that prevents human exposure to surgical smoke via the use of a surgical smoke evacuation system during any planned surgical procedure that is likely to generate surgical smoke. Surgical smoke is a gaseous by-product produced by energy-generating surgical devices.(Note: This summary applies to this bill as enacted.) Read More
Regulation of cigarettes, tobacco products, or nicotine products - local government regulation - state cigarette tax revenue apportionment to local governments - local governments' special sales taxes. Sections 1, 2, and 4 of the act authorize a county to enact a resolution or ordinance that prohibits a minor from possessing or purchasing cigarettes, tobacco products, or nicotine products. Sections 1 and 2 also authorize a county to impose regulations on cigarettes, tobacco products, or nicotine products that are more stringent than statewide regulations, including prohibiting sales to a person under 21 years of age, and section 4 expressly authorizes a county to enact a resolution or ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. Section 3 expressly authorizes a statutory or home rule city or town to enact an ordinance regulating the sale of cigarettes, tobacco products, or nicotine products to minors. From state income tax money, the state currently apportions an amount equal to 27% of state cigarette tax revenues to cities, towns, and counties in proportion to the amount of state sales tax revenues collected within their boundaries. In order to receive their allocation of this money, cities, towns, and counties are prohibited from imposing their own fees, licenses, or taxes on cigarette sales or from attempting to impose a tax on cigarettes. Section 5 removes this prohibition with respect to fees or licenses that a city, town, or county imposes or with respect to a tax that a city, town, or county attempts to impose, thus allowing cities, towns, and counties to impose fees or licenses or to attempt to impose taxes on cigarette sales without losing their apportioned state cigarette tax revenues. A city, town, or county that successfully imposes a tax on cigarette sales loses its apportioned state cigarette tax revenues. Section 6 authorizes a statutory or home rule city or town, city and county, or county, if approved by a vote of the people within the statutory or home rule city or town, city and county, or county, to impose a special sales tax on the sale of cigarettes, tobacco products, or nicotine products. Section 6 also provides a mechanism by which a county's special sales tax applies to a municipality within the boundary of the county unless the municipality, if approved by a vote of the people within the municipality, enacts its own such special sales tax; however, the county and municipality may then enter into an intergovernmental agreement authorizing the county to continue to levy, collect, and enforce its special sales tax within the corporate limits of the municipality.(Note: This summary applies to this bill as enacted.) Read More
