The bill amends the pharmacy practice law to specify that it is unlawful to possess, sell, dispense, give, receive, or administer an adulterated or misbranded drug or device, within the meaning of the 'Colorado Food and Drug Act', or a counterfeit drug, as defined in the bill. A person who engages in an unlawful act is subject to a civil fine of between $1,000 and $10,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill changes the name of the Emily Maureen Ellen Keyes organ and tissue donation awareness fund to the Emily Keyes - John W. Buckner organ and tissue donation awareness fund (fund). The bill clarifies that designation as an organ and tissue donor (donor) by an applicant for a driver's license, instruction permit, or license renewal remains in effect until revoked by the applicant. Section 1 also removes the repeal date of the fund and adds a requirement that the recipient of money from the fund (Donor Alliance, Inc.) must file an annual report with the department of revenue detailing the amounts and uses of all funds received. The report must be presented by the department of revenue at the hearing required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. Section 2 of the bill continues the option that allows applicants for a driver's license, instruction permit, or license renewal to donate to the fund and, if not already a donor, to volunteer to become a donor. Section 3 of the bill provides for an appropriation from the fund to the department of revenue for costs necessary to implement the act.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
During the 2016 session, the general assembly adopted an expedited process for sealing the criminal records of a person who is acquitted, whose case is completely dismissed, who completed a diversion agreement, or who completed a deferred judgment and sentence. The bill clarifies that many of the general provisions related to criminal record sealing also apply to this expedited process. The bill clarifies that if the case involved a crime that requires a victim to be notified of a motion for record sealing, the court shall allow up to 42 days to provide that notification before ruling on the motion on record sealing. The bill clarifies that the filing fee for state court cases goes to the judicial stabilization fund and the filing fee in a municipal court goes to the municipality. The bill allows the prosecuting attorney or law enforcement agency to release sealed police reports or protection orders to the victim, if the victim demonstrates that there is a need for the reports for a lawful purpose. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the department of military and veterans affairs to make grants to support the USS Colorado, a soon-to-be commissioned nuclear attack submarine, in order to: Pay for expenses related to the commissioning of the USS Colorado; Promote awareness of the USS Colorado within the state; and Support the crew. For the 2017-18 fiscal year, $100,000 is appropriated to the department of military and veterans affairs to make these grants. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill implements conflict-free case management for persons with intellectual and developmental disabilities who are enrolled in home- and community-based services under Colorado's medicaid program. The definition of conflict-free case management is included in the bill and reflects the policy that case management services are provided to a person with intellectual and developmental disabilities who is enrolled in home- and community-based services by an agency that is not also providing the same person services and supports unless a federal exemption is approved. The bill defines and creates case management agencies that will provide case management services, and contains provisions for the department of health care policy and financing's (department) oversight of case management agencies. The state medical services board (state board) shall promulgate rules upon the enactment of the bill for the certification and decertification of case management agencies, as well as rules that ensure that a person with intellectual and developmental disabilities enrolled in home- and community-based services has access to case management services and that there is a process for a person to select the case management agency of his or her choice. A case management agency shall develop an individualized plan for these persons. Designated community-centered boards shall continue to develop individualized plans for a child with disabilities from birth to age 2 and for persons eligible for other programs. The bill makes conforming amendments in existing statutes to add references to case management agencies, where relevant. The bill contains time frames for the implementation of conflict-free case management in Colorado. Initially, the department shall determine the options for community-centered boards to become compliant with conflict-free case management when serving persons with intellectual and developmental disabilities who are enrolled in home- and community-based services. Conflicted community-centered boards are required to develop a business continuity plan to transition to providing either case management services or services and supports to these persons. The bill includes a date by which all persons receiving home- and community-based services will be served through a system of conflict-free case management. The bill authorizes the department to seek a federal exemption from conflict-free case management in geographic areas within the state where the only willing and qualified entity to provide case management services is also the only willing and qualified entity to provide home- and community-based services in that geographic area. The bill contains procedures and time frames for rural community-centered boards, as defined in the bill, to request that the department seek the federal exemption. The bill includes provisions relating to the denial of a federal exemption and requires state board rules for when a federal exemption is pending and for when there are multiple agencies operating in the same geographic area. The bill authorizes and prioritizes the use of money in the intellectual and developmental disabilities services cash fund (cash fund) for systems changes related to the implementation of conflict-free case management and repeals the cash fund in 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. The bill clarifies that the authorized purposes for which the marijuana tax cash fund may be used include behavioral services. The bill also repeals the offender mental health services fund, which no longer has a revenue source, and directs the remaining money in the fund to be transferred to the general fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies the repeal date of the home care allowance grant program (program). The program will repeal when the revisor of statutes receives notice that there is a consumer-directed service delivery option available for homemaker, personal care, and medical support services for individuals who are receiving home-based and community-based services pursuant to the supported living services waiver. The bill requires the executive director of the department of human services and the executive director of the department of health care policy and financing to notify the revisor of statutes when the triggering event occurs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law caps the compensation that a special district board member may receive at $1,600 per year and $100 per meeting attended. The bill increases this amount to $2,400 per year and specifies that special meetings include study sessions in specified circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows a taxpayer that makes a capital investment in an enterprise data center operation in the state of a specified dollar amount within a consecutive 5-year period to enter into a memorandum of understanding with the office of economic development to transition to a different apportionment method for apportioning the income of the taxpayer. The memorandum of understanding must describe the amount of the capital investment and any other investments or actions on the part of the taxpayer that will support the economic development of the state. The bill specifies that a transition schedule must be included in the memorandum of understanding. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products. The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law finances the state's water quality program with a mix of general fund money and fees that are paid by sources that discharge pollutants into the state's waters. Section 2 of the bill raises the fees and establishes goals for future adjustments of the ratio of revenue from fees and the general fund as follows: Commerce and industry sector: 50% general fund and 50% cash funds; Construction sector: 20% general fund and 80% cash funds; Municipal separate storm sewer: 50% general fund and 50% cash funds; Pesticides sector: 94% general fund and 6% cash funds; Public and private utilities sector: 50% general fund and 50% cash funds; and Water quality certifications sector: 5% general fund and 95% cash funds. Section 3 adjusts the reporting by the department of public health and environment on the uses of these funds. Section 5 transfers $809,107 from the water quality improvement fund to the general fund and further allocates that money to the commerce and industry, municipal separate storm sewer, and public and private utilities sector funds. Sections 6 through 13 make a variety of appropriations and adjustments to the 2017 long bill. Section 14 makes the fee increases take effect July 1, 2018.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
