The bill requires a health benefit plan to provide coverage for health care services provided by a pharmacist if: The services are provided within a health professional shortage area; and The health benefit plan provides coverage for the same services provided by a licensed physician or advanced practice nurse.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. The 'State Employees Group Benefits Act' (act) authorizes the state personnel director (director) to enter into contracts with carriers to provide medical, dental, life, and disability benefits to state employees. The bill modifies several provisions of the act to bring it into compliance with current state and federal law and to eliminate obsolete provisions. Specifically, the bill: To bring the act into compliance with federal law, changes the definition of 'dependent' to include a child through the end of the month in which the child turns 26, eliminates the requirement that a child be a full-time student to be a dependent past the age of 19, eliminates the requirement that a child be unmarried to be a dependent, and eliminates the requirement that the employee be the major source of financial support or directed by a court to provide coverage for a child to be a dependent; Removes an employee's domestic partner from the definition of 'dependent' as the director has repealed rules allowing a person to submit documentation demonstrating a domestic partnership with an employee; Removes a reference to lifetime maximum benefit per employee or employee's covered dependents to bring the act into compliance with federal law; Eliminates a provision requiring the director to give written notice of intent to seek a contract with insurance carriers, and authorizes the director to make such announcement in a manner that he or she determines; Eliminates an obsolete provision that required the director to evaluate the feasibility of offering a high deductible health plan and to forward the findings of the evaluation to the general assembly by October 1, 2004; Eliminates an obsolete provision that specified the amount of the state's contribution for each employee enrolled in group benefit plans for the 2003 calendar year; and Eliminates a requirement that the director hold a public hearing prior to the acceptance of any proposal for a group benefit plan, as this requirement is not in compliance with the 'Procurement Code'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. The bill removes or modernizes outdated statutory references to a 'legitimate' or 'illegitimate' child and a 'child born out of wedlock'. Colorado only recognizes parentage of a child and acknowledges that the parent and child relationship extends equally to every child and every parent, regardless of the marital status of the parents.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
An agreement among physicians may contain a covenant not to compete, under which a physician who leaves the group practice may be compelled to pay damages if he or she solicits patients who are former or prospective patients of the group practice. The bill makes an exception in the case of patients with a rare disorder, as determined in accordance with nationally recognized criteria, who would otherwise not have ready access to a physician with the necessary expertise to treat the disorder. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows persons with the following retail licenses to purchase alcohol beverages from another retail licensee when there is common ownership between the licensees and the seller has surrendered its license within the last 60 days: Beer and wine; Hotel and restaurant; Tavern; Retail gaming tavern; Brew pub; Club; Arts nonprofit; Racetrack; Vintner's restaurant; Distillery pub; or Lodging and entertainment facility. The seller must return all alcohol beverages bought on credit, allow wholesalers 30 days to purchase back inventory, have paid all wholesale bills, and sell to only one licensed premises. A wholesaler is prohibited from transporting the inventory from the seller's premises to the buyer's premises. The seller may transport the inventory. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Legislative Audit Committee. Under existing law, public administrators are required to maintain a $25,000 bond and file certain information and reports with the administrator's appointing court. Public administrators may appoint deputy public administrators. The bill increases the amount of bond public administrators are required to maintain to $100,000 and clarifies the following: That deputy public administrators are subject to the same statutory requirements as public administrators, including the bond requirement; The information about costs and fees that must be included in small estate statement of account filings by public administrators; and The form of annual reports that must be filed by public administrators and deputy public administrators.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The broadband deployment board in the department of regulatory agencies (board) implements and administers a grant program regarding the deployment of broadband service in unserved areas of the state. Upon a telecommunications provider's application for funding of a proposed project to provide access to a broadband network in an unserved area of the state, the board must allow an incumbent telecommunications provider in the unserved area the right of first refusal with regard to implementing a broadband deployment project for the unserved area. The board is required to develop criteria regarding an incumbent telecommunications provider's exercise of its right to develop a broadband project in an unserved area upon another telecommunications provider having submitted to the board a proposed project for the unserved area. The bill requires that the board's criteria include requirements that an incumbent telecommunications provider exercising its right to implement a broadband deployment project for the unserved area agree to provide demonstrated downstream and upstream speeds equal to or faster than the speeds indicated in the applicant's proposed project and at a cost per household that is equal to or less than the cost per household indicated in the applicant's proposed project. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill amends the definition of "broadband network" to increase the speed of downstream broadband internet service from at least 4 megabits per second to at least 10 megabits per second and the definition of "unserved area" to refer to areas that are unincorporated, or within a city with a population of fewer than 7,500 inhabitants, and that are not receiving federal broadband support. Section 2 requires the public utilities commission, on January 1, 2019, to allocate 20% of the total amount of high cost support mechanism (HCSM) money that nonrural incumbent local exchange carriers would otherwise receive to the HCSM account dedicated to broadband deployment, and to allocate an additional 20% of the total money that nonrural incumbent local exchange carriers would otherwise receive on January 1 of each subsequent year until, on January 1, 2023, all of the money that nonrural incumbent local exchange carriers would otherwise receive is allocated to the HCSM account dedicated to broadband deployment. Section 2 also removes a requirement that the commission reduce the amount of the HCSM surcharge by a certain percentage of the money transferred from the HCSM to the broadband fund for the deployment of broadband into rural areas. Section 2 requires that the HCSM surcharge amount that existed on January 1, 2019, be maintained as the surcharge amount; except that, on and after July 1, 2023, the commission may reduce the rate to ensure that the amount of money collected by the surcharge does not exceed $25 million per year. Finally, for the period of January 1, 2019, through January 1, 2023, section 2 maintains the amount of support received by rural telecommunications providers for basic service at the level of support they received on January 1, 2016. Section 3 updates language regarding the use of money from the HCSM for broadband deployment grant applications approved by the broadband deployment board (board) to have money transferred directly from the HCSM to approved broadband deployment grant applicants. Section 3 also allows a grant applicant to apply for grants for multiple projects in a single year; however, the broadband deployment board may only award an applicant grants for more than one project if money is available for broadband deployment grants after the first round of broadband deployment grants have been awarded and disbursed in that year. Section 3 also prohibits the department of local affairs from implementing a broadband deployment program or approving a grant application concerning broadband deployment unless the board has determined that the program or application does not involve the same or a duplicate of any projects approved and funded. Section 4 repeals the public utilities commission's functions of administering the high cost support mechanism on September 1, 2024, subject to the department of regulatory agencies' review of the functions through its sunset review process.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Statutory Revision Committee. Current law requires most public officials and many public employees to swear or affirm an oath of office. The bill establishes a single uniform text for swearing or affirming an oath of office and the requirements regarding how and when an oath or affirmation of office must be taken, subscribed, administered, and filed. All requirements must be completed prior to the official or employee entering upon the office. In the case of elected special district directors, the oath or affirmation must also be filed within 30 days of the election with the clerk of the court and the division of local government under the department of local affairs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Statutory Revision Committee. The bill amends section 13-21-101 (1), Colorado Revised Statutes, concerning interest on damages to reflect a 1996 decision made by the Colorado supreme court that ruled certain language in that subsection violated the equal protection clause of the constitution.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under existing law, school districts are permitted to operate induction programs for teachers, special services providers, principals, and administrators, and alternative licensure programs for teachers and principals, who do not hold professional licenses. The bill clarifies that charter schools and the state charter school institute may operate such programs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill updates the Colorado code of military justice (code). Sections 1 and 2 of the bill define terms related to the code and clarify the applicability of the code. Sections 4 and 6 authorize commanding officers to arrest any enlisted member, impose certain disciplinary punishments without the intervention of a court-martial, and clarify those punishments and who may impose them. Sections 7 to 9 describe the punishments that may be imposed by general, special, and summary courts-martial. Section 9 also removes a person's ability to refuse trial by summary court-martial. Section 10 authorizes the assistant adjutant general for the space, cyber, and missile defense for the Colorado National Guard; the land component commander for the Colorado Army National Guard; or the wing commander for the Colorado Air National Guard to convene a general court-martial. Section 11 authorizes certain officers to convene a special court-martial. Section 13 permits a military judge to be detailed to a court-martial irrespective of military branch. Section 14 requires counsel in general or special courts-martial to be appointed as judge advocates. Section 15 classifies as felonies offenses for which an accused may be convicted by general court-martial and receive a sentence of confinement. A conviction by summary court-martial is not a criminal conviction. All other military offenses are misdemeanors. Section 16 authorizes the state to appeal certain decisions in a court-martial and prohibits the state from appealing a finding of not guilty by a court-martial or trial by military judge only. The bill describes the process for the state to file an appeal. Sections 17 to 29 make changes to existing offenses in the code. Section 30 creates an offense related to the possession and use of controlled substances. Section 31 establishes a process by which a member of the military forces may make a complaint against a commanding officer. Sections 3, 12, 13, and 14 require certain persons already required to be members of the Colorado state bar to be members in good standing. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
