If there are fewer than 3 bidders on a design bid build highway project, a provision of current law generally prohibits the department of transportation (CDOT) from awarding a contract in an amount that is more than 10% over CDOT's estimate on the project, but allows the executive director of CDOT (executive director) to award a contract that is more than 10% but less than 25% over the estimate if the estimate is less than $1,000,000. The bill authorizes a designee of the executive director to award such a contract. Another provision of current law, which is scheduled to repeal on July 1, 2018, authorizes the executive director to award a contract for a design bid build highway project to the low responsible bidder regardless of CDOT's estimate on the project if the executive director determines that it is in the best financial, economic, or other interest of the state to do so and requires CDOT, in its annual report to its legislative oversight committees, to explain the reasons for making the award and estimate the amount of cost savings achieved by making any such award. The bill prevents the authorization and reporting requirements from being repealed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. The bill directs the department of health care policy and financing (department) to provide information to providers participating in the accountable care collaborative regarding: Cost and quality of medical services provided by hospitals and other medicaid providers; and Cost and quality of available pharmaceuticals prescribed by medicaid providers. The department may make the same information available to other medicaid providers. The department shall automatically review claims to identify and correct improper coding prior to payment and may obtain commercial technology to conduct the reviews. The department is authorized to pursue cost-control strategies, value-based payments, and other approaches to reduce the rate of expenditure growth in the medicaid program. The department shall allow recipients, providers, and stakeholders an opportunity to comment and shall report to the joint budget committee prior to implementing any strategies or measures. The department is required to contract for an independent evaluation of any measures pursued and to provide reports to the joint budget committee on the evaluations. Subject to federal approval, the department is also directed to design and implement an evidence-based hospital review program to ensure that utilization of hospital services is based on a recipient's need for care. Prior to implementing any changes, the department shall allow recipients, providers, and stakeholders an opportunity to comment and shall report to the joint budget committee. The department shall also report to the joint budget committee on the estimated savings from the changes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The Colorado constitution authorizes limited gaming in specific geographic areas of the state. There is a tax imposed on limited gaming, the rate of which is set by the Colorado limited gaming control commission, but the constitution provides that the rate may not exceed 40% of the adjusted gross proceeds. The proceeds of the tax are credited to the limited gaming fund where the expenses of the commission are first paid and then the money is distributed 50% to the state share, 28% to the state historical fund, 12% to Gilpin and Teller counties, and 10% to the cities of Central City, Black Hawk, and Cripple Creek. The state share is transferred for various items, with the remainder being credited to the general fund, including $5 million to the local government limited gaming impact fund. This fund is administered by the department of local affairs and is used for grants to eligible local governmental entities for documented gaming impacts. The bill annually increases the amount of money credited to the limited gaming impact fund by an amount equal to the growth of the state share from the previous fiscal year. The bill also makes adjustments to the statutory definition of 'documented gaming impacts'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Existing law generally requires that, for a person to issue a security, either the security or the person must be exempt or the person must register the security with the securities commissioner. The federal 'National Securities Markets Improvement Act of 1996' (NSMIA) preempts certain provisions of the 'Colorado Securities Act' that require the filing of a registration statement and the collection of fees for mutual fund offerings. NSMIA permits state securities regulators to require only notice filing and the payment of a required fee for mutual fund offerings. Sections 1, 2, and 5 of the bill eliminate the registration requirement, and section 3 substitutes a notice filing requirement. The notice is valid for 12 months, must be accompanied by a fee established by the securities commissioner, and can be renewed.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill recognizes the significance of the old Spanish national historic trail as a historic resource in Colorado. Subject to the availability of funding from gifts, grants, or donations, the bill requires the executive director of the department of transportation to erect signs marking portions of the trail that travel along or cross highways in Colorado. The department is required to consult with culturally affiliated American Indian tribes before posting any signs, and may post signs that include the original indigenous name of the trail in accordance with those consultations. The bill amends existing law that makes it a misdemeanor to deface or destroy monuments or markers on the Santa Fe trail to include monuments marking any historic trail. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, if a person's motor vehicle has a remote starter system and adequate security measures, he or she may leave the motor vehicle unattended while the engine is running. The bill provides that a motor vehicle may be left unattended if either a remote starter system or adequate security measures are in place. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill creates the donate to a Colorado nonprofit fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form in the first income tax year: In which the department of revenue (department) has received sufficient funding to implement the program; That begins on or after January 1, 2019; and That begins after a space becomes available and the fund is next in the queue. If the space for the fund becomes available before all three conditions are met, the bill requires the department to hold the space for the fund until all three conditions are met, and to include the line thereafter. The line will allow a taxpayer receiving a refund to designate a contribution to an eligible charitable organization (eligible organization) of their choice. The bill requires the secretary of state to provide a list of eligible organizations. To be eligible, an organization must be registered and in good standing with the secretary under the 'Colorado Charitable Solicitations Act' and be a nonprofit that is tax exempt under section 501 (c)(3) of the internal revenue code. A charity may request to exclude itself from the list. The department will make the list of eligible organizations available to the public and a taxpayer may choose a single charity from the list to receive the contribution through the fund. Once the fund is placed on the form, the department is directed to determine annually the total amount designated to the fund, and the total amounts designated to each eligible organization, and to report those amounts to the state treasurer and the general assembly. The state treasurer is required to credit the total amount to the fund. The bill requires the general assembly to appropriate from the fund to the department, the secretary of state, and the state treasurer their actual, reasonable costs for implementing the fund. After the appropriations for the administration of the fund are deducted, the state treasurer is required to distribute the contributions to the charities as designated by taxpayers after a reduction proportionate to the amount deducted from the fund for administration. The department is not liable to a taxpayer or charity for an error in distributing a contribution. The fund is repealed if the department does not raise sufficient funding to implement the program through gifts, grants, and donations by September 30, 2020. Section 2 excludes the fund from the time limitations and minimum contribution requirements imposed on voluntary contribution funds. It also adds a limitation that a taxpayer cannot contribute to any voluntary contribution fund or combination of voluntary contribution funds in an amount that exceeds the amount of the taxpayer's refund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Technology Committee. The government data advisory board (board) was created in the office of information technology to advise and provide recommendations to the chief information officer regarding interdepartmental data protocol and best practices in sharing and protecting data in state government. The bill modifies the definition of interdepartmental protocol to reflect current practice. The bill also modifies the composition of the board to include a representative from each state agency and to remove members of the education data subcommittee from the board. Currently, the board is scheduled for repeal on July 1, 2019. The bill extends the board to July 1, 2024. The bill specifies that prior to being repealed, the board is subject to review by the joint technology committee rather than pursuant to the sunset review process. In addition, current law specifies that prior to its repeal on July 1, 2019, the education data subcommittee is subject to review pursuant to the sunset review process. The bill eliminates the sunset review of the education data subcommittee to facilitate the repeal of the subcommittee on July 1, 2019. (Note: This summary applies to this bill as introduced.) , Read More
Joint Budget Committee. The bill establishes a uniform date of July 1, 2019, to transition the department of revenue's Colorado state titling and registration (CSTARS) account to the department of revenue's DRIVES vehicle services account. The bill also delays for one year the corresponding statutory repeal dates.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a temporary income tax credit for income tax years commencing on or after January 1, 2019, but prior to January 1, 2022, for employers that make contributions to 529 qualified state tuition program accounts owned by their employees in an amount equal to 20% of the contribution, not to exceed $500. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, a medical marijuana center must source 70% of the medical marijuana it sells from its associated optional premises cultivation facility. Similarly, an optional premises cultivation facility must have 70% of the medical marijuana it cultivates sold through its associated medical marijuana center. The bill eliminates that requirement and allows medical marijuana centers to source medical marijuana from any optional premises cultivation facility. The bill creates a transition period between the current limited sourcing model that begins July 1, 2018. For one year from that date, medical marijuana centers and optional premises cultivation facilities can purchase and sell 50% of their inventory as a wholesale transaction, and medical marijuana trim is not included in the calculation of the percentage. Then, on or after July 1, 2019, an optional premises cultivation facility may sell any amount of the medical marijuana it cultivates to any medical marijuana center. Similarly, a medical marijuana center may source its medical marijuana from any optional premises cultivation facility without restriction. Additionally, the state licensing authority shall adopt a production management system similar to the system in the retail marijuana code. The bill allows a medical marijuana center to sell medical marijuana acquired from an optional premises cultivation facility licensee or medical marijuana-infused products manufacturer licensee. A medical marijuana center can sell more than 2 ounces to a patient if that patient has a recommended extended ounce count from his or her physician and registers with the medical marijuana center as his or her primary center. The patient also has to sign an affidavit that he or she does not have a primary caregiver cultivating medical marijuana on his or her behalf. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires state agencies to give a licensee: Notice of facts or conduct that may warrant revocation, suspension, annulment, limitation, or modification of a license; An opportunity to submit written data, views, and arguments with respect to the facts or conduct; and A reasonable opportunity to comply with all lawful requirements except for a willful violation or violation that is a danger to public health and safety. When a matter pertains to an individual who is licensed to practice an occupation, if mediation is ordered, section 2 of the bill requires a state agency to do the following upon the motion of the agency or licensee after the licensee receives the notice of hearing: To include a person who has authority to make prehearing decisions concerning disposition of the issue in settlement and mediation meetings and communications with the licensee; and To include a public or private mediator—at the expense of the licensee when the mediator is privately retained—upon the licensee's request. Administrative law judges are instructed to make themselves available for mediation, without cost, if feasible. Procedures are set for mediation. If mediation fails, the agency may continue to seek discipline upon instituting a disciplinary hearing against a licensee. The office of administrative courts and the division of professions and occupations in the department of regulatory agencies are required to report to specified legislative committees certain information about hearings, mediations, and proceedings held between July 2019 and July 2021. Section 3 of the bill clarifies that a court may overturn discipline for a failure to follow the requirements of current law or to submit to mediation. $125,356 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund to implement the bill. From that appropriation $19,917 is appropriated to the department of personnel for use by the office of administrative courts and $64,575 is appropriated to the department of law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
