Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The state constitution grants a person the authority to assist another person in cultivating medical and recreational marijuana plants. The bill states that a person is not in compliance with the authority to assist another individual and is subject to marijuana cultivation criminal offenses and penalties if the person possesses any marijuana plant that he or she is growing on behalf of another individual, unless he or she is the primary caregiver for the individual and is in compliance with the requirements of section 25-1.5-106. The bill creates the gray and black market marijuana enforcement grant program (grant program) in the division of local government in the department of local affairs (division). The grant program awards grants to local governments to reimburse the local governments, in part or in full, for law enforcement and prosecution costs associated with gray and black marijuana markets. A rural local government has priority in receiving grants. The general assembly may appropriate money from the marijuana tax cash fund or the proposition AA refund account to the division for the grant program. The bill appropriates $5,945,392 from the marijuana tax cash fund to the division to fund the grant program. The division shall adopt policies and procedures for the administration of the grant program, including rules related to the application process and the grant award criteria. The division shall include information regarding the effectiveness of the grant program in its SMART presentation beginning in November 2019. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill places a cap on the number of plants that can be possessed or grown on a residential property at 16 plants unless a local jurisdiction permits possessing or growing more than 16 plants. The criminal penalties for violating the cultivation limit are: A level 1 drug petty offense for a first offense if the offense involves more than twelve plants, punishable by a fine of up to one thousand dollars; A level 4 drug felony for a second or subsequent offense if the offense involves more than twelve but not more than thirty plants; or A level 3 drug felony for a second or subsequent offense if the offense involves more than thirty plants. A medical marijuana patient or primary caregiver who cultivates more than 16 plants must cultivate the plants in compliance with applicable city, county, or city and county law. The bill requires a patient or primary caregiver cultivating medical marijuana to comply with all local laws, regulations, and zoning requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill directs the department of public health and environment (department) to establish a grant program to test for lead in public schools' drinking water. The department will give the highest priority to the oldest public elementary schools, then the oldest public schools that are not elementary schools, and then all other public schools. The department may also consider ability to pay in administering the program. The department is directed to use its best efforts to complete all testing and analysis by June 30, 2020. The public school must provide at least 10% local matching funds and give the test results to its local public health agency, its supplier of water, its school board, and the department. The department may use up to $300,000 per year for 3 years for grants beginning on or after July 1, 2017, from the water quality improvement fund if there is money available after fully funding existing programs. The department shall provide 4 annual reports to the general assembly regarding implementation of the grant program, including any legislative proposals that may be warranted. The bill appropriates $431,803 and 1.3 FTE to the department of public health and environment for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a marijuana research and development license that allows the holder to possess marijuana for research purposes and a marijuana research and development cultivation license that allows the holder to grow, cultivate, possess, and transfer marijuana for research purposes. An applicant must submit with the license application a description of the research to be conducted, and if the research involves a public entity or public money, then the scientific advisory commission shall review and assess the research project. A marijuana research and development cultivation licensee may only sell marijuana it grows to other marijuana research and development cultivation licensees. A marijuana research and development licensee or marijuana research and development cultivation licensee may contract with a public research institution of higher education or another marijuana research and development licensee. The state licensing authority may promulgate rules related to marijuana research and development licenses and marijuana research and development cultivation licenses. The bill allows a medical marijuana testing facility licensee to test medical marijuana and medical marijuana-infused products for marijuana research and development licensees and marijuana research and development cultivation licensees, and marijuana or marijuana-infused products grown or produced by a registered patient or registered primary caregiver on behalf of a registered patient, upon verification of registration and verification that the patient is a participant in a clinical or observational study conducted by a marijuana research and development licensee or marijuana research and development cultivation licensee. The bill takes effect July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill authorizes the commissioner of insurance to issue a license that allows an owner or operator of a self-service storage facility to offer limited lines insurance to the occupant of self-storage space at the facility to cover the occupant's personal property that is stored in the self-storage space. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 2 of the bill defines 'health care prescriber board' to mean the following boards in the department of regulatory agencies: The Colorado podiatry board; the Colorado dental board; the Colorado medical board; the state board of nursing; the state board of optometry; and the state board of veterinary medicine. Section 2 also: Requires each health care prescriber board to: Within 15 days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of his or her patient records; Provide the complainant, within 30 days after the action, with written notice of the action taken by the board if an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct; Notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law, if a complaint is still pending after 6 months; and Update its website at least monthly to list the status of each licensee subject to the applicable board's governing law; Requires the licensee to provide the board with the patient records within 30 days after the board requests the records; and Requires the department to include in its annual SMART act presentation a performance report prepared by the division of professions and occupations regarding changes to the boards' processes and procedures. Section 1 requires health insurance companies to update their provider directories at least monthly, based on information on the department's health care prescriber boards' websites, to remove a provider whose license has been suspended or revoked.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the aviation special license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One of the fees is credited to the highway users tax fund and the other to the licensing services cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill specifies that, if a student enrolled in kindergarten or one of grades one through 3 is an English language learner, the school district or charter school in which the student is enrolled will decide whether the student takes the reading assessments in English or in the student's native language if there is an approved assessment available in the student's native language. If the student takes the assessments in his or her native language, the school district or charter school may also administer the assessments in English if requested by the student's parent. If a student who is an English language learner takes the reading assessments in his or her native language, the school district or charter school must determine the level of English proficiency at which the student will take the reading assessments in English and communicate that proficiency level to the student's parent. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The secretary of state currently charges uniform commercial code (UCC) filing fees. Of this fee, $3 is transferred for deposit in the Colorado identity theft and financial fraud cash fund to support activities of the Colorado fraud investigators unit. Legislation enacted in 2014 increased the portion of the UCC filing fee that is transferred to the Colorado identity theft and financial fraud cash fund from $3 to $4, which increase is scheduled to repeal in 2017. The bill extends the scheduled repeal date for the increased fee, and for an associated report to the general assembly, until 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill amends the definition of 'capital construction' used for purposes of the 'Building Excellent Schools Today Act' (BEST) to include 'technology', as defined in section 3. Section 3 defines the term 'technology' for purposes of BEST to include hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher. Section 2 incorporates the new definition of 'technology' into the existing requirement that the BEST board's public school facility capital construction guidelines address technology. Section 3 also clarifies that the public school capital construction assistance board (BEST board) may provide financial assistance to public schools in the form of technology grants and requires the BEST board to annually notify potential applicants for financial assistance that it will accept applications for technology grants. Section 4 requires the project lists in the BEST board's annual report to include sublists of technology projects for which financial assistance has been awarded or applied for and denied.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill eliminates certain mandatory conditions of parole while preserving the discretion of the state board of parole (board) and parole officers to impose such conditions. Specifically, the bill removes the requirement that: The board fix the manner and time of payment of restitution as a condition of every parole; Every parolee obtain the knowledge and consent of his or her community parole officer before changing residence, instead requiring a parolee to notify his or her parole officer before any change of residence; Every parolee submit to urinalysis or other drug tests; Every parolee not associate with any other person on parole, on probation, or with a criminal record or with any inmate of a correctional facility without the permission of his or her community parole officer; and The board require every parolee at the parolee's own expense to submit to random chemical testing of a biological substance sample from the parolee to determine the presence of drugs or alcohol.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends provisions related to the continued collection of fees related to wholesale food manufacturing and storage. Specifically, the bill: Establishes an across-the-board annual application fee of $100; Specifies that a nonprofit facility, grain storage facility, brewery, brew pub, winery, or distiller of spirituous liquors is required to pay only the annual $100 application fee; Provides that wholesale food manufacturers or storage facilities with gross annual sales of less than $150,000 are required to pay the annual $100 application fee plus an additional registration fee of $60; Provides that wholesale food manufacturers or storage facilities with gross annual sales of $150,000 or more are required to pay the annual $100 application fee plus an additional registration fee of $300; and Increases the fee for a certificate of free sale from the existing $128 to $150. The bill also removes the repeal date from statute. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
