The bill provides immunity from civil and criminal liability for a person who forcibly enters a locked vehicle for the purpose of rendering assistance to an at-risk person or animal. To receive immunity, the person must: Ensure the vehicle is not a law enforcement vehicle; Have a reasonable belief that the person or animal is in imminent danger of death or suffering serious bodily injury; Verify the vehicle is locked; Make a reasonable effort to locate the owner or operator of the vehicle; Contact a law enforcement or other first responder agency prior to forcibly entering the vehicle and not interfere with the actions of any such responding law enforcement agency; Use no more force than reasonably necessary to enter the locked vehicle; Remain with the at-risk person or animal in a safe location close to the vehicle until law enforcement or other first responder arrives at the scene; except that, if the person rendering assistance has to leave the scene before the owner or operator of the vehicle returns, prior to leaving the scene, the person rendering assistance shall leave a notice on the vehicle with his or her name and contact information and the name and location, if any, of the facility to which he or she took the at-risk person or animal. Also prior to leaving the scene, the person rendering assistance shall contact law enforcement, animal control, or other first responder to provide them with the same information.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. Current law requires the division of correctional industries in the department of corrections to establish programs that are responsible for vehicle maintenance, physical plant and facility maintenance, and food and laundry services for each of the state's correctional facilities. The bill removes this requirement.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires employers to release requested information to the division of labor standards and statistics (division) in the department of labor and employment and allows the division to have access to employers' premises and all books, records, and payrolls of employers. Current law also prohibits the release of any of this information obtained by the division if the release of the information might reveal a trade secret. The bill clarifies that information obtained by the division that relates to a finding by the division of a violation of wage laws is not confidential and shall be released to the public or for use in a court proceeding, unless the director of the division makes a determination that the information includes specific information that is a trade secret. (Note: This summary applies to this bill as introduced.)
Capital Development Committee. In the case of appropriations for capital construction, not including information technology projects, the bill requires the general assembly to include an annual depreciation-lease equivalent payment line item payable from the cash fund that is the funding source for the capital construction appropriation in the operating section of the annual general appropriation act for each state agency. The bill also clarifies that one appropriation may be for the acquisition, repair, improvement, replacement, renovation, or construction of more than one capital asset. The bill clarifies that 'cash fund' does not include the money allocated to the division of parks and wildlife from lottery proceeds as specified in section 3 of article XXVII of the state constitution. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
House Bill 16-1309 requires a judge to inform a defendant of certain rights at the defendant's first appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or violations for which the penalty is only a fine and for which jail is not a possibility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under the 'Farm Products Act', the commissioner of agriculture or his or her designee licenses farm product dealers, small-volume dealers, and their agents. The bill excludes marijuana from the definition of 'farm products' under the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2016, the general assembly enacted House Bill 16-1063, which allows mental health professionals to disclose to school and school district personnel and law enforcement agencies communications with a client if the client makes statements or exhibits behaviors that create an articulable and significant threat against a school or its occupants. The effect of the legislation was contingent on receipt from the secretary of the federal department of health and human services (HHS) of an exception to the privacy rule under the federal 'Health Insurance Portability and Accountability Act of 1996' (HIPAA). The state received notice from HHS that the legislation is not contrary to the HIPAA privacy rule and therefore does not qualify for an exception. Accordingly, the bill repeals the contingency provision. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill requires the administrative law judge hearing medicaid appeals to review the legal sufficiency of the notice of action from which the recipient is appealing at the commencement of the appeal hearing if the notice of action concerns the termination or reduction of an existing benefit. If the notice is legally insufficient, the judge shall advise the appellant that he or she may waive the defense of insufficient notice and proceed to a hearing on the merits or may ask the judge to decide the appeal based on the judge's finding of insufficiency. The judge shall advise the appellant that a legally sufficient notice may be issued in the future and that the state may recoup benefits from the appellant. The provisions of the bill apply to hearings conducted on and after a certain date. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill allows a special district having a 5-member board to increase the number of board members to 7 by the adoption of a resolution by the board and the approval of the resolution by the board of county commissioners or the governing body of the municipality that approved the service plan of the special district. If an increase is made, a board cannot be reduced back to 5 members. The bill also specifies the length of the initial term of each new special district board member and sets forth the election requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies provisions relating to licensed health professionals' access to the electronic prescription drug monitoring program as follows: Allows a health care provider who has authority to prescribe controlled substances, or the provider's designee, to query the program regarding a current patient, regardless of whether the provider is prescribing or considering prescribing a controlled substance to that patient; Specifies that a veterinarian who is authorized to prescribe controlled substances may access the program to inquire about a current patient or client if the veterinarian suspects that the client has committed drug abuse or mistreated an animal; and Specifies that, in addition to accessing the program when dispensing or considering dispensing a controlled substance, a pharmacist or designee of the pharmacist may access the program regarding a current patient to whom the pharmacist is dispensing or considering dispensing a prescription drug.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires a contract between a health insurance carrier (carrier) and a health provider (provider) to include a provision that prohibits a carrier from taking an adverse action against the provider due to a provider's disagreement with a carrier's decision on the provision of health care services. Current law requires the contract to state that the carrier cannot terminate the contract for these same reasons. The bill also requires the contract to contain provisions that prohibit a carrier from: Taking adverse actions for communicating with public officials on health care issues; filing complaints or reporting to public officials about conduct by a carrier that might negatively affect patient care; provides information in a forum concerning the required contract provisions; reporting alleged carrier violations; or participating in an investigation of an alleged violation. (Note: This summary applies to this bill as introduced.)
The bill makes appropriations for matters related to the legislative department for the 2017-18 state fiscal year. The bill makes an appropriation to the youth advisory council cash fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
