The bill enacts the 'Interstate Physical Therapy Licensure Compact Act' that allows physical therapists and physical therapist assistants licensed or certified in a compact member state to obtain a license or certificate to practice physical therapy in Colorado. The bill authorizes the physical therapy board to obtain fingerprints from applicants for a license or certification for the purposes of a fingerprint-based criminal history record check. The compact requires that the physical therapy board participate in the compact's data system and notify the compact commission of any adverse action taken by the board. Physical therapists and physical therapy assistants are subject to the requirements of the 'Michael Skolnik Medical Transparency Act of 2010'. $12,386 is appropriated to the department of regulatory agencies for use by the division of professions and occupations for implementation of the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Water Resources Review Committee. The water quality control commission in the department of public health and environment (commission) is responsible for developing requirements, prohibitions, and standards that protect public health and water quality for the use of graywater for nondrinking purposes. Scientific research on graywater that might involve graywater uses and systems that do not strictly comply with the requirements, prohibitions, and standards developed by the commission would not be permitted under the control regulations. To facilitate scientific research related to graywater uses and systems, the bill creates an exemption from the commission's graywater control regulations for scientific research whereby a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research may collect, treat, and use graywater for purposes of scientific research if the entity: Utilizes a graywater treatment works system that incorporates a secondary water supply to provide an alternative source of water if any portion of the system does not function properly; however, scientific research involving the use of graywater exclusively for irrigation purposes need not incorporate a secondary water supply; and Collects, treats, and uses graywater in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows. Only an institution of higher education or a person contracting with an institution of higher education may collect, treat, and use graywater for research involving human exposure. The entity conducting the research is required to report to the water resources review committee on an annual basis the results of periodic monitoring conducted to assess the continued functioning of the graywater treatment works system used in the project and, if the scientific research involves human exposure, the project's compliance with federal rules concerning the protection of human research subjects. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. For the 2017-18 state fiscal year, if the amount of revenue collected from the hospital provider fee is insufficient to fully fund all of the statutory purposes for the fee, the bill requires any reduction to be taken from hospital reimbursements. The bill reduces the cash funds appropriation from the hospital provider fee in the 2017 annual general appropriation act by $264,100,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under the following circumstances: The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the unincorporated areas of the county; The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the municipalities within the county that do not levy a special sales tax on the sale of retail marijuana and retail marijuana products. The county special sales tax is authorized only until the municipality obtains voter approval for a special municipal tax on the sale of retail marijuana and retail marijuana products. After such time, any county special sales tax is invalid within the corporate boundaries of the municipality unless the county enters into an intergovernmental agreement with the municipality to allow the county to continue to levy, collect, and enforce the county's special sales tax. The governing body of any county and the governing body of any municipality within the boundaries of the county that levies a municipal special sales tax on the sale of retail marijuana and retail marijuana products enter into an intergovernmental agreement pertaining to the county's levy, collection, and enforcement of a special sales tax upon all sales of all retail marijuana and retail marijuana products. The intergovernmental agreement may include a provision for the apportionment of a specified percentage of the gross retail marijuana special sales tax revenue collected by the county to the municipality. The bill specifies that a county or a municipality may not levy a special sales tax under any circumstance until the proposed tax has been referred to and approved by the eligible electors of the county or municipality, as applicable. A county or municipality must refer the proposed tax to the eligible electors only on the date of the state general election, on the first Tuesday in November of an odd-numbered year, or, in the case of a municipality, on the date of a municipal biennial election. The bill specifies that if a county or municipality obtained voter approval prior to the effective date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a municipality that has already obtained voter approval to levy a special sales tax on the sale of retail marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters into an intergovernmental agreement with the municipality. Any special sales tax on retail marijuana and retail marijuana products shall not be collected, administered, or enforced by the department of revenue. Instead, such tax shall be collected, administered, and enforced by the county or municipality imposing the tax. A county or municipality in which the eligible electors have approved a special sales tax on the sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to the general fund of the county or municipality or to any special fund created in the county or municipality's treasury. The governing body of a county or municipality may use the revenues collected from the tax for any purpose as determined by the governing body of the county or municipality. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days. During the 14-day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The Colorado water conservation board (board) administers a pilot program to demonstrate the practice of fallowing agricultural irrigation land and leasing the associated water rights for temporary municipal, agricultural, environmental, industrial, or recreational use. Under the current pilot program, the board, in consultation with the state engineer, may authorize up to 10 pilot projects, each of a duration up to 10 years. Of the 10 pilot projects that the board may authorize, no more than 3 pilot projects may be located in any one of the following major river basins: The South Platte river basin; the Arkansas river basin; the Rio Grande river basin; and the Colorado river basin. An applicant must apply on or before December 31, 2018, to sponsor a pilot project. The pilot program is scheduled to be completed in 2029, at which time the board, in consultation with the state engineer, is required to provide a final report to the water resources review committee, or its successor committee, on the results of the pilot projects authorized. The bill extends the pilot program as follows: The board, in consultation with the state engineer, may authorize up to 15 pilot projects; No more than 5 pilot projects may be located in any one of the 4 major river basins listed above; An applicant must apply on or before December 31, 2023, to sponsor a pilot project; and The pilot program would be completed in 2034, at which time the board, in consultation with the state engineer, would provide a final report to the water resources review committee or its successor committee.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the department of revenue (department) makes available a beneficiary designation form that allows the owner or joint owners of a vehicle to arrange for the transfer of the vehicle's title to a named beneficiary upon the death of the owner, or of the last surviving joint owner, of the vehicle. The bill adds language stating that: The division of motor vehicles within the department, rather than the department itself, shall administer the process; The personal representative of the estate of a deceased vehicle owner is not liable for obtaining a new certificate of title or for transferring title to the vehicle if the personal representative does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form; and A successor of a decedent or person acting on behalf of the successor is not liable for obtaining a new certificate of title or transferring title to the vehicle by an affidavit if the person does not have actual knowledge of the existence of a valid, unrevoked beneficiary designation form.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a pharmacist may supervise no more than 3 pharmacy technicians. The bill allows a pharmacist to supervise up to 6 pharmacy technicians. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. Under current law, of the 9 members of the board of directors of the state historical society (board), the board is to recommend 4 members for appointment by the governor. The bill repeals certain obsolete provisions, including the provision requiring recommendation by the board. Under current law, the directors council of the state historical society (council) was established. The bill changes the language from establishing the council to allowing the board to establish the council. If the council is not established by June 1, 2020, the bill repeals the section authorizing its establishment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law allows a court to grant bail after a person is convicted, pending sentencing or appeal; except that no bail is allowed for persons convicted of certain specific crimes. To this list of crimes the bill adds a second or subsequent conviction for stalking that occurs within 7 years after the date of a prior offense for which the person was convicted; stalking when there was a protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person; and any offense that includes an act of domestic violence if the defendant at the time of sentencing has been previously convicted of three or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12, Colorado Revised Statutes, which relates to professions and occupations. To implement the initial recommendations of the study, section 1 of the bill relocates article 5 of title 12, attorneys-at-law, to a new article 93 in title 13, Colorado Revised Statutes. Sections 2 to 9 of the bill make conforming amendments and section 10 repeals the article where the law was previously codified.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. On July 1, 2017, the bill requires the state treasurer to transfer money from the general fund as follows: $2,272,727 million to the forest restoration and wildfire risk mitigation grant program cash fund; $4,090,909 million to the species conservation trust fund; $2,452,193 million to the division of parks and outdoor recreation aquatic nuisance species fund; and $1,184,171 million to the division of wildlife aquatic nuisance species fund.(Note: This summary applies to this bill as introduced.)
