Water Resources Review Committee. The bill codifies rules promulgated by the water quality control commission (commission) of the Colorado department of public health and environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water. Section 3 of the bill defines 3 categories of water quality standards for reclaimed domestic wastewater, sets forth the allowable uses for each water quality standard category, and adds industrial hemp cultivation as an allowable use for reclaimed domestic wastewater when the industrial hemp is not used as a food crop. Section 3 also authorizes the commission to establish new categories of water quality standards and to recategorize any use of reclaimed domestic wastewater to a less stringent category of water quality standard. Section 3 also authorizes the division of administration in the department of public health and environment to grant variances for uses of reclaimed domestic wastewater. Sections 1, 2, and 4 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill clarifies in the Colorado Children's Code and in the 'School Attendance Law of 1963' that a 'delinquent act' does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding. The court shall not sentence a child or youth to detention as a sanction for contempt of court in a truancy proceeding unless it determines such detention is in the best interest of the child or youth as well as the public. In making such a finding, the court is required to consider several factors related to the child or youth, truancy, and the use of detention. A judge or magistrate may issue a warrant authorizing the taking into temporary custody of a child or youth who has failed to appear for a court hearing for a truancy or contempt action. Any such warrant must allow for release of the child or youth from temporary custody on an unsecured personal recognizance bond, cosigned by the child's or youth's parent or legal guardian or, if applicable, a representative of the department of human services. In the alternative, the warrant may, if the court is in session, direct that the child or youth be arrested and taken directly to court for an appearance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the school security disbursement program (disbursement program) in the department of public safety (department). A school district, charter school, institute charter school, or board of cooperative services (local education provider) may apply for a disbursement by submitting an application to the department. A disbursement recipient may use the money for one or more of the purposes specified in the bill, which include building improvements to enhance security and training for school personnel. The department must review the applications received and disburse money to applicants that meet the application requirements. The department must give priority to applicants that commit to providing matching funds for the amount received. The disbursements are paid from money that is set aside in the school security disbursement program account that the bill creates within the school safety resources center fund. Each disbursement recipient must report to the department concerning its use of the money, and the department must annually provide a summary of the reports to committees of the general assembly. The disbursement program is repealed, effective July 1, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication under the "Colorado Medical Assistance Act" and a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement. (Note: This summary applies to this bill as introduced.) , Read More
Opioid and Other Substance Use Disorders Interim Study Committee. The bill adds residential and inpatient substance use disorder services and medical detoxification services to the Colorado medical assistance program. The benefit is limited to persons who meet nationally recognized, evidence-based level of care criteria for residential and inpatient substance use disorder treatment. The benefit will not be effective until the department of health care policy and financing (department) seeks and receives any federal authorization necessary to secure federal financial participation in the program. Prior to seeking federal approval, the department shall seek input from stakeholders regarding decisions relating to the benefit. The department shall prepare and submit a performance review report to committees of the general assembly concerning services provided under the benefit and the effectiveness of those services. After considering the performance review report, the general assembly may enact legislation modifying or repealing the benefit. If an enhanced residential and inpatient substance use disorder treatment and medical detoxification services benefit becomes available, managed care organizations shall reprioritize the use of money allocated from the marijuana tax cash fund to assist in providing treatment, including residential treatment, to persons who are not otherwise covered by public or private insurance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill amends the existing career development success pilot program (program), which provides a distribution of up to $1,000 to school districts and charter schools for each high school student who successfully completes an identified industry-certificate, internship, or pre-apprenticeship program or computer science advanced placement (AP) course. The bill limits the distribution for industry certificates for a single school district or charter school to 10% of the total number of completed industry certificates reported. The bill requires each school district and charter school that participates in the program to explain the program to all high school students with the goal of increasing participation in the industry certificate programs across all student subgroups. Under existing law, the department of education is required to report on the implementation of the program. The bill expands the report to include specified information. The bill extends the repeal date for the program for 5 years and removes the designation of 'pilot'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, the number of in-state students enrolled at public institutions of higher education is governed by various percentage limits and requirements. The bill standardizes the calculation for public research institutions in the following ways: Requires the university of northern Colorado (UNC) and the Colorado school of mines (CSM), in addition to the university of Colorado (CU) and Colorado state university (CSU), to admit 100% of academically qualified Colorado first-time freshman students; Reduces the various percentages so that in-state students make up no less than 55% of total enrollments at each campus of CU and at CSU, UNC, and CSM, excluding foreign students and students enrolled solely in online courses; and Increases the cap on foreign students enrolled at CU and CSU to 15% of total student enrollment and includes UNC and CSM in the percentage limit. The department of higher education shall submit an annual report to specified committees of the general assembly demonstrating that the institutions included in the bill have met resident admission and enrollment requirements. The department and the public research institutions shall ensure that necessary data is available for the report. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
For income tax years commencing on and after January 1, 2019, the bill generally replaces the method for sourcing of sales for purposes of apportioning the income of a taxpayer that has income from the sale of services or from the sale, lease, license, or rental of intangible property in both Colorado and other states from the cost-of-performance test in the case of services and the commercial domicile test in the case of intangible property to a market-based sourcing system. Under this new system, receipts for the sale of services or from the sale, lease, license, or rental of intangible property are apportioned to Colorado based not on where the service is performed, but where the service is delivered. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The public employees' retirement association (PERA) provides retirement and other benefits to employees of the school districts, state, local governments, and other public entities across the state. The bill makes changes to the hybrid defined benefit plan administered by PERA with the goal of eliminating, with a high probability, the unfunded actuarial accrued liability of each of PERA's divisions and thereby reach a 100% funded ratio for each division within the next 30 years. The bill modifies benefits, increases contributions, ensures alignment of contributions, service credit, and benefits, and makes other modifications as follows: Highest Average Salary (HAS): Currently, for a PERA member who is not in the judicial division of PERA, the member's HAS is based on an average of the highest annual salaries associated with 3 periods of 12 consecutive months of service with a base year. For a PERA member who is in the judicial division of PERA, the member's HAS is based on an average of the highest annual salaries associated with 12 consecutive months of service. For all new PERA members hired on or after January 1, 2020, who are not in the judicial division, and for all existing PERA members who do not have 5 years of service credit as of January 1, 2020, who are not in the judicial division, the bill modifies the HAS calculation to be based on an average of the highest annual salaries associated with 7 periods of 12 consecutive months of service with a base year. For all new PERA members hired on or after January 1, 2020, who are in the judicial division, and for all existing PERA members in the judicial division who do not have 5 years of service credit as of January 1, 2020, the bill modifies the HAS calculation to be based on an average of the highest annual salaries associated with 3 periods of 12 consecutive months of service with a base year. Definition of salary: The bill modifies the definition of salary. Specifically, the bill states that amounts deducted from pay pursuant to a cafeteria plan or a qualified transportation plan are included in the definition of salary. In addition, the bill clarifies that unused sick leave converted to cash payments is included in the definition of salary and that insurance premiums paid by employers are not included in the definition of salary. Termination of affiliation: Current law allows a political subdivision of the state that is an employer associated with PERA and that is assigned to the local government division of PERA to terminate its affiliation with PERA upon application to the PERA board. The bill specifies that any employer that ceases operations or ceases to participate in PERA for any reason is deemed to have terminated its affiliation with PERA. The bill states that any such employer is required to fully fund its share of the unfunded liability of the defined benefit plan and its share of the unfunded liability of the health care trust fund. The bill specifies that the PERA board will determine the amount of such payments and that such determinations may be appealed by the employer through the administrative review process established in the board rules. The bill further specifies that the employees of an employer that terminates its affiliation with PERA will become inactive members of PERA as of the date of the termination. Such members may elect to have their member contributions credited to an alternative pension plan or refunded. In the absence of such election, the member contributions will remain with PERA. Increase in member contributions: Currently, all PERA members with the exception of state troopers contribute 8% of their salary to PERA on a monthly basis. State troopers contribute 10% of their salary to PERA on a monthly basis. On July 1, 2018, and again on January 1, 2019, the monthly member contribution to PERA will increase by .5% of salary. On July 1, 2019, and again on January 1, 2020, the monthly member contribution to PERA will increase by 1% of salary. When all increases are fully implemented, the total contribution will be 11% of salary each month for PERA members who are not state troopers and 13% each month for PERA members who are state troopers. Automatic contribution and annual increase amount changes: The bill specifies the circumstances under which the member contribution rate and the annual increase percentage for retirement benefits can be adjusted so the fund remains within the target of paying off the unfunded liability within 30 years. The bill specifies that the yearly adjustments can be up to one-quarter of one percent on the annual increase percentage and one-half of one percent on the employee contribution percentage. The bill places limits on how much the annual increase and contribution rates can be adjusted. Defined contribution supplement: Beginning January 1, 2021, the bill requires employer contribution rates to be adjusted to include a defined contribution supplement. The defined contribution supplement for each division will be the employer contribution amount paid to defined contribution plan participant accounts that would have otherwise gone to the defined benefit trusts to pay down the unfunded liability, plus any defined benefit investment earnings thereon, expressed as a percentage of salary on which employer contributions have been made. The employer contribution amounts only include contributions made on behalf of eligible employees who commence employment on or after January 1, 2019. Earned service credit for part-time work: Currently, a PERA member earns a full year of service credit for 12 months of employment if the member earns a salary of 80 times federal minimum wage in each month. This applies even if the member does not work full time. In addition, a PERA member earns a full year of service credit if the member's employment pattern covers at least 8 months but less than 12 months in a year, so long as the member worked at least 8 months in the 12-month period. The bill modifies the way service credit is earned for part-time work for any PERA member who was not a member, inactive member, or retiree on or before December 31, 2019. Such members earn a full year of service credit for 12 months of employment if the member works full time or works at least 8 months but less than 12 months in a year. If the member does not work full time, the earned service credit will be determined by the ratio of part-time work to full-time work and the number of months for which contributions are remitted to the number of months required for a year of service credit. Service retirement eligibility for new members: For PERA members who begin employment on or after January 1, 2020, the bill increases the age and service requirements for full-service retirement benefits for most divisions to age 65 with a minimum of 5 years of service or any age with a minimum of 40 years of service credit. For state troopers who begin employment on or after January 1, 2020, the bill increases the age and service requirements for full-service retirement benefits to age 55 with a minimum of 25 years of service credit or any age with a minimum of 35 years of service credit. State troopers are also eligible for full-service retirement benefits at age 65 with 5 years of service credit. For PERA members who begin employment on or after January 1, 2020, the bill also increases the age and service requirements for a reduced service retirement benefit to 55 years with a minimum of 25 years of service credit; except that, for state troopers, the bill increases the requirements to 55 years with a minimum of 20 years of service credit. Cost of living adjustment (COLA) for all retirees, members, and inactive members: Currently, the annual COLA for benefit recipients who began membership prior to January 1, 2007, is 2%. For the years 2018 and 2019, the bill reduces the COLA to 0%. For each year thereafter, the bill changes the COLA to 1.25%, unless it is adjusted pursuant to the automatic adjustment provisions explained above. In addition, the bill requires benefit recipients whose effective date of retirement is on or after January 1, 2011, and who have not received a COLA on or before May 1, 2018, to receive benefits for at least a 36-month period following retirement before the benefit is adjusted with the COLA. Defined contribution plan: Currently, members in the state division of PERA hired on or after January 1, 2006, may choose to participate in the defined contribution plan administered by PERA rather than the defined benefit plan. A member's participant account receives the monthly employer contribution, and the amortization equalization disbursement (AED) and supplemental amortization equalization disbursement (SAED) payments are used to amortize the unfunded liability of the defined benefit plan. Beginning January 1, 2019, members of the school division, the Denver public schools division, local government division, and judicial division of PERA hired on or after that date may also choose to participate in the defined contribution plan. A new member's participant account will receive the same employer contribution as received by current members of the defined contribution plan. Public pension legislative oversight committee: The bill creates the public pension legislative oversight committee to study and develop proposed legislation relating to the funding and benefit designs of PERA and the fire and police pension association. The committee is comprised of 4 senators appointed by the president of the senate, 4 representatives appointed by the speaker of the house of representatives, and 4 experts in the area of pensions or retirement plan designs appointed by the state treasurer. The bill specifies limitations on the number of appointees that may be from the same political party. The bill also specifies that the state treasurer's appointees are required to have significant experience and competence in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis and shall not be members, inactive members, or retirees of PERA or the fire and police pension association. The bill repeals the police officers' and firefighters' pension reform commission on January 1, 2019.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill updates the current newborn screening program to require more timely newborn hearing screenings. The department of public health and environment (department) is authorized to assess a fee for newborn screening and necessary follow-up services. The bill creates the newborn hearing screening cash fund for the purpose of covering the costs of the program. The bill requires the state board of health to promulgate rules: Concerning the requirements of the newborn screening program for genetic and metabolic disorders; Requiring entities with information pertinent to newborn screening to report to the department; and To establish and maintain appropriate follow-up services for newborns at risk of hearing loss and newborns who fail to receive screening. The bill requires the department to develop and publish materials on its website for education and training on cytomegalovirus. The bill appropriates money to the department from: The information technology cash fund for use by the center for health and environmental data for an information and technology system for hearing loss screening; The newborn screening and genetic counseling cash fund for use by the laboratory services division; and The newborn hearing screening cash fund for use by the center for health and environmental data.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a primary caregiver may possess and administer medical marijuana in a nonsmokeable form to a student while the student is at school. The bill allows a school nurse or the school nurse's designee, who may or may not be an employee of the school, or school personnel designated by a parent to also possess and administer medical marijuana to a student at school. The bill provides a school nurse or the school nurse's designee or the school personnel designated by a parent protection from criminal prosecution if he or she possesses and administers medical marijuana to a student at school. The bill requires the medical marijuana storage container or plan for administration to contain clearly labeled dosing, timing, and delivery route instructions from one of the student's recommending physicians. One of the student's recommending physicians shall send any changes to the required dosage, timing, or delivery route to the school nurse and person administering the medical marijuana, if different. The school principal or his or her designee and the student's parent shall agree to a written plan for administering medical marijuana prior to the student starting school. The student's parent or primary caregiver shall deliver the student's medical marijuana to the person designated by the school as the person who secures the medical marijuana before the student starts school and as necessary to replenish the supply. The person who secures the medical marijuana shall place the medical marijuana in a locked storage container. The person who secures the medical marijuana shall return any unused medical marijuana to the student's parent or primary caregiver upon request. The student shall not handle the medical marijuana on the grounds of the school, school bus, or school-sponsored event. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, effective January 1, 2019, the limitation on the maximum alcohol content of fermented malt beverages, also referred to as '3.2% beer', is eliminated, thereby allowing grocery stores, convenience stores, and any other person currently licensed or licensed in the future to sell fermented malt beverages for consumption on or off the licensed premises to sell fermented malt beverages containing more than 3.2% alcohol by weight or 4% alcohol by volume, referred to as 'malt liquor'. The bill modifies laws governing the retail sale of fermented malt beverages, which will be synonymous with malt liquor as of January 1, 2019, as follows: Effective January 1, 2019, prohibits a fermented malt beverage retailer's employees who are under 21 years of age from selling, dispensing, delivering, handling, or otherwise having any contact with malt liquor for sale on or sold and removed from the licensed premises ( sections 3 and 11 of the bill); As of the effective date of the bill, eliminates the fermented malt beverage retailer's license type that allows a retailer to sell malt liquor for consumption both on and off the licensed premises and prohibits renewal of existing on- and off-premises licenses on or after that date ( sections 2 and 4 ); For fermented malt beverage retailer licenses authorizing the sale of malt liquor for off-premises consumption issued or renewed on or after January 1, 2019, the retailer: Must derive at least 20% of its gross annual sales revenues from the sale of food items; cannot sell malt liquor to consumers at a price that is below the retailer's cost to purchase the malt liquor, with limited exceptions; cannot allow customers to use a self-checkout mechanism to purchase malt liquor; may operate under a single or consolidated corporate entity but cannot commingle purchases for multiple licensed premises to secure a better wholesale price based on total product volume purchased; and may deliver fermented malt beverages to customers of legal age under the same conditions applicable to retail liquor store and liquor-licensed drugstore licensees ( section 4 ); As of the effective date of the bill, prohibits the state and local licensing authorities from issuing a new fermented malt beverage retailer's license authorizing the sale of malt liquor for off-premises consumption or allowing a fermented malt beverage retailer to relocate its licensed premises, if the licensed premises is or will be located within 1,500 feet of a licensed retail liquor store; for a premises located in a municipality with a population of 10,000 or fewer, within 3,000 feet of a licensed retail liquor store; or for a premises located in a municipality with a population of 10,000 or fewer that is contiguous to the city and county of Denver, within 1,500 feet of a licensed retail liquor store ( section 5 ); As of the effective date of the bill, precludes issuance of a new fermented malt beverage retailer's license or the relocation of an existing fermented malt beverage retail licensed premises if the building in which malt liquor will be sold is located within 500 feet of a school, unless an exception applies or the local licensing authority or local governing body authorizes an exception within its jurisdiction ( section 7 ); Prohibits the sale of malt liquor in a sealed container by a fermented malt beverage retailer on Christmas day ( section 11 ); and Requires a licensed fermented malt beverage retailer to check the identification of its customers who attempt to purchase malt liquor to verify each customer is at least 21 years of age ( section 11 ). With regard to the retail sale of malt, vinous, or spirituous liquors by retail liquor stores or liquor-licensed drugstores, the bill: Modifies requirements pertaining to the delivery of malt, vinous, or spirituous liquors by a retail liquor store or liquor-licensed drugstore to: Require the delivery to be made by a store employee who is at least 21 years of age and is using a store-owned or store-leased vehicle; require the person delivering the product to verify that the person receiving the delivery is at least 21 years of age; and limit total sales revenues from delivered alcohol beverage products to 50% of gross annual alcohol beverage sales ( sections 8 and 9 ); Modifies provisions governing tastings conducted at a retail liquor store or liquor-licensed drugstore, including allowing tastings to be conducted: Between 11 a.m. and 9 p.m.; on up to 156 days per year; and by a representative of the alcohol beverage supplier ( section 5 ); Specifies that if an employee or representative of an alcohol beverage supplier pours or serves the supplier's product during a tasting at a retail establishment, that service does not constitute labor provided by a supplier to a retail licensee ( section 6 ); Applies the 1,500-foot radius restriction, rather than the 3,000-foot restriction, to a retail liquor store or liquor-licensed drugstore premises located in a municipality with a population of 10,000 or fewer that is contiguous to the city and county of Denver ( sections 5, 8, and 9 ); Prohibits a retail liquor store from selling alcohol beverages to consumers at a price that is below the retailer's cost to purchase the alcohol beverages, with limited exceptions, and allows the same exceptions to the restriction on below-cost sales applicable to liquor-licensed drugstores under current law ( sections 8 and 9 ); Allows retail liquor store and liquor-licensed drugstore licensees with multiple locations to operate under a single or consolidated corporate entity but prohibits commingled purchases for multiple licensed premises to secure a better wholesale price based on total product volume purchased ( sections 8 and 9 ); and Allows a liquor-licensed drugstore that applied for its license after July 1, 2016, to obtain additional liquor-licensed drugstore licenses, if obtained in the manner specified in current law for other liquor-licensed drugstores to obtain additional licenses, as follows: a maximum of 2 licenses between January 1, 2019, and January 1, 2022; a maximum of 3 licenses between January 1, 2022, and January 1, 2027; and a maximum of 4 licenses on or after January 1, 2027 ( section 9 ). Current law prohibits the public consumption of malt, vinous, and spirituous liquors except on a premises licensed to sell alcohol beverages for consumption on the licensed premises. Section 11 includes fermented malt beverages within the prohibition against public consumption and authorizes a state or local government entity, by rule, ordinance, or resolution, as applicable, to authorize public consumption of any type of alcohol beverage within the government entity's jurisdiction. With regard to the enforcement authority of the state and local licensing authorities, section 10 : Specifies the fine amount, if a fine is imposed, when a licensed retail establishment sells alcohol beverages to minors or to visibly intoxicated persons; and In determining the suspension or fine to impose for that violation, precludes consideration of violations that occurred more than 5 years before the current violation. Section 12 authorizes the state licensing authority to adopt, and requires retailers to comply with, rules prohibiting retailers from accepting an extension of credit from a distributor for more than 30 days. $87,592 is appropriated from the liquor enforcement division and state licensing authority cash fund to the department of revenue to implement the bill, with $10,656 reappropriated to the department of law to provide legal services to the department of revenue. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
