Colorado Bills

The bill imposes requirements on any organization that operates a medical expense sharing program (program), which is defined as a program, arrangement, or activity offered in Colorado that: Facilitates the sharing and payment of medical expenses among members using member-contributed funds; and Does not transfer to members of an organization or to the organization itself any risk or legal obligation to pay medical expenses. An organization that operates a program must: Provide a notice to the public that the program is not an insurance plan or policy, that the organization is not engaged in the business of insurance, that payment of a member's medical bills is voluntary, that some medical expenses may be excluded despite requirements under health insurance laws for health insurance plans to cover such expenses, and that each person is personally responsible for paying the person's own medical bills; Before approving a membership application, obtain a signed written, signed affirmation from the applicant acknowledging that the applicant has received and understands the notice, has received other program materials, and understands that a third party may receive a commission for enrolling the member; Report specified financial and transactional information to members monthly and annually, which may be accomplished by sharing a link where the information is posted on the organization's public website; Submit to an annual, independent audit of the program's financial information; Post on its public-facing website and report to the attorney general by providing a link to the website specified information about the organization, including the name and contact information, program materials, the annual financial audit, and information about Colorado membership in the program; Operate only under the name or names reported on its public-facing website, not make or circulate any statement or publication representing that the program is insurance or otherwise materially misrepresenting the program terms and conditions, and not engage in an excess benefit transaction, as defined in the federal "Internal Revenue Code of 1986" (tax code), if the organization identifies as a nonprofit organization under the tax code; and Indicate on membership cards and in communications to providers that the program is not health insurance and that members are personally responsible for paying their own medical bills. The attorney general is authorized to issue a notice of noncompliance to an organization that is failing to comply with the requirements specified in the bill, and if the organization's failure continues for more than 45 days, to seek an injunction or an administrative penalty in Denver district court. The bill specifies that a program is exempt from state insurance laws if the program facilitates the sharing of member medical expenses by transferring member funds and the organization is a nonprofit organization under the tax code and does not own the member funds. Additionally, the bill states that the requirements imposed on organizations that operate programs must be applied in a manner that avoids excessive government entanglement with religion and that does not limit protections of religious exercise rights of an organization operating and members of a religious organization sharing program. (Note: This summary applies to this bill as introduced.)

The federal "Tax Cuts and Jobs Act of 2017" added distributions for elementary or secondary tuition expenses as qualified distributions from a qualified state tuition program (529 account), thereby allowing, on the federal level, income tax-free distributions for elementary and secondary tuition expenses in addition to already authorized income tax-free distributions for higher education expenses. Similarly, the federal "Setting Every Community Up for Retirement Enhancement Act of 2019" expanded the qualified distributions from a 529 account to include repayment of qualified education loans and payments for registered apprenticeships. For the purpose of allowing Coloradans to take advantage of these federal tax benefits, the bill creates the foundational learning experience (FLEX) savings program. The bill also specifies that distributions from FLEX savings program accounts are not counted as federal or state taxable income and that contributions to FLEX savings program accounts for qualified elementary or secondary tuition expenses may not be deducted from state taxable income. The accounts created under the FLEX savings program are defined by the following characteristics: Account owners may only use distributions from the accounts for qualified elementary or secondary tuition expenses; and Anyone may contribute to the account irrespective of their relationship to the account's designated beneficiary. The bill also allows for expenses for fees, books, supplies, and equipment required for the participation of a designated beneficiary in certain apprenticeship programs to be treated as "qualified higher education expenses" and subtracted from federal taxable income. The bill clarifies that "qualified higher education expenses" does not include repayment of qualified education loans. (Note: This summary applies to this bill as introduced.)

The bill requires future contracts for the seed-to-sale tracking system to be awarded pursuant to a transparent, online, and dynamically competitive process. The bill requires the state licensing authority to produce an annual report regarding its enforcement activities. The report must include: The number of underage compliance checks performed in the previous calendar year; The number of underage sale violations in the previous calendar year, including the name of the license violator, how many violations were the result of underage compliance checks or tips, and the sanction or sanctions imposed for each violation; and A description of the black or gray market enforcement activities that the state licensing authority engaged in, including the dates of the activities, any violations found, and the result of those violations if known. The bill requires the state licensing authority to produce an annual report regarding licensing violations. The report must be organized by month, include the name of the violator and the violation location, and identify the violation and the sanction or sanctions imposed and if the sanction is a license revocation or voluntary surrender of a license and the reason for the revocation or voluntary surrender. The state licensing authority shall maintain a free searchable database on its website related to compliance check records and minor in possession of marijuana records and an online method for submitting an anonymous tip related to licensing violations. The bill requires the state licensing authority to conduct at least 2 compliance checks a year at each medical and retail marijuana center. The bill requires regulatory penalties related to underage sales to be based on the number of violations and any injury or death that occurred as a result of the violation. The bill requires the state licensing authority to promulgate rules regarding: Product recalls, including a requirement for the issuance of a health and safety advisory when a product is recalled that includes the name of the product, the timing of when the consumer would receive the advisory, the places where the product was sold, the time period when the product was for sale, the requested actions that the state licensing authority may direct to a seller, cultivator, or manufacturer, and any other additional information that would assist the public; and Timelines and deadlines for notifying a licensee of an alleged violation; a licensee's response to an alleged violation; and a licensee's compliance with any sanction imposed, which must require, in the case of an uncontested violation, that the licensee has 90 days to comply with the sanction. The bill directs that when the state licensing authority convenes a work group, task force, or other group to assist in developing rules or policies that involve public health and consumer safety, the state licensing authority shall make every reasonable attempt to have broad representation from non-marijuana industry parties on the work group, task force, or other group. The bill requires the state licensing authority to provide any written materials received from a member of the group or task force to all members of the group or task force within 7 days after receipt of the material; except that any proprietary information must be redacted from the material. The bill requires that when the state licensing authority reports a voluntary surrender of a license that is the result of a settlement or agreement with the licensing authority, the report shall designate the action as "voluntary surrender - licensing violation settlement". (Note: This summary applies to this bill as introduced.)

Section 1 of the bill makes a legislative declaration. Current law gives the governor extraordinary powers when the governor declares a disaster emergency. Current law specifies that a state of disaster emergency ends after 30 days unless continued by the governor. It also authorizes the general assembly to end the state of disaster emergency by joint resolution. Section 2 limits the ability of the governor to continue a declared disaster emergency by requiring the general assembly to affirmatively act by joint resolution to continue a declared disaster emergency beyond 12 months. Unless the general assembly acts by joint resolution to continue the state of disaster emergency, the state of disaster emergency that the governor has continued for 30-day increments terminates on the three hundred sixty-fifth day after the governor first declared a state of disaster emergency. Thereupon, the governor must issue an executive order or proclamation ending the state of disaster emergency. Current law gives local health departments many powers to address epidemics. Many of these powers impose duties on people. Section 3 requires the governing body of a local government to approve any portion of a local health department's public health order that imposes duties on a class of people. If a duty relates to an emergency (emergency duty), the local health department may impose the emergency duty immediately but must submit the duty to the governing body within 7 days after adoption for the governing body's review and approval. To continue in effect, the governing body must approve the duty within 30 days after the public health order was issued and during each calendar month it continues in effect. A terminated emergency duty may not be reimposed unless a new emergency arises or the governing body approves it being reimposed. Section 3 does not apply to a temporary emergency duty placed only on a single individual so long as the local health department has reasonable evidence to believe the individual is infected with a disease that causes an epidemic or was infected within the last 30 days. Current law gives the department of public health and environment (department) many powers to address epidemics. Many of these powers involve the imposition of duties on people. Section 4 requires that the department submit the imposition of an emergency duty on a class of people to the governor and general assembly for approval. The emergency duty must be submitted to: The governor within 7 days after adoption; and The general assembly: Within 7 days after adoption if the emergency duty is imposed within the first 100 days of a regular session of the general assembly; or Within the first 30 days of the next regular session of the general assembly if the duty is imposed in the last 20 days of a regular session of the general assembly or in between regular sessions of the general assembly. For the emergency duty to continue: The governor must approve the emergency duty within 30 days after the department imposes the emergency duty and each calendar month that the department intends the emergency duty to remain in effect; and The general assembly must approve the emergency duty each year that the department intends the emergency duty to remain in effect. A terminated emergency duty may not be reimposed unless a new emergency arises or the governing body and general assembly approve it being reimposed. Section 4 does not apply to a temporary emergency duty placed only on a single individual so long as the department has reasonable evidence to believe the individual is infected with a disease that causes an epidemic or was infected within the last 30 days.(Note: This summary applies to this bill as introduced.)

Under current law, public money may be deposited in or invested with banks and savings and loan associations that are protected by the federal deposit insurance corporation. The bill permits the deposit or investment of public money with a credit union that is federally insured by the national credit union administration.Section 1 of the bill authorizes credit unions to make loans to public entities, and section 2 authorizes the state commissioner of financial services to assess each credit union for the cost of monitoring compliance with laws that protect public deposits.Section 4 renames the "Savings and Loan Association Public Deposit Protection Act" the "Credit Union and Savings and Loan Association Public Deposit Protection Act" (deposit protection act), and sections 5 through 13 add references to credit unions throughout the deposit protection act.Section 15 amends the law allowing public entities to use depositories that are federally insured to include credit unions.Sections 3, 14, and 16 through 24 make conforming amendments to statute to authorize public entities or officials to deposit money with federally insured credit unions and to reflect the renaming of the deposit protection act. (Note: This summary applies to this bill as introduced.)

The bill prohibits an employer from taking adverse action against an employee, including an applicant for employment, who engages in the use of: Medical marijuana on the premises of the employer during working hours; or Retail or medical marijuana off the premises of the employer during nonworking hours. An employer is permitted to impose restrictions on employee use of medical or retail marijuana under specified circumstances. (Note: This summary applies to this bill as introduced.)

The bill creates an income tax deduction of up to $17,500 for tenants with taxable income under $40,000 for an individual or under $80,000 for a head-of-household or a married couple for rent paid on a rental residence in Colorado. (Note: This summary applies to this bill as introduced.)

The bill establishes a parent's bill of rights that sets forth specific parental rights related to directing the upbringing, education, and health care of a minor child. The bill requires a board of education of a school district, board of cooperative services, charter school, or institute charter school, in consultation with parents, teachers, and administrators, to develop and adopt a policy to promote the involvement of parents of the enrolled minor child. The bill prohibits an individual, corporation, association, organization, state-supported institution, or individual employed by any of these entities from procuring, soliciting to perform, arranging for the performance of, or performing a surgical procedure upon a minor without written or verbal consent from the minor's parent. Parental consent is not required if the minor is in the custody of a county department of human or social services or the division of youth services. (Note: This summary applies to this bill as introduced.)

The bill restricts a person from applying for clemency for a crime if a resentencing hearing is scheduled or has been requested or if the person has not exhausted all state appeal and administrative processes before applying or being considered for clemency. If an application for clemency was submitted before a resentencing hearing was scheduled or requested, the governor is barred from considering and acting upon such application until the conclusion of the resentencing hearing. The executive director of the department of corrections shall promulgate rules relating to the determination of whether an individual is incapable of exhausting all state or administrative processes due to indigence or other matters.(Note: This summary applies to this bill as introduced.)

The bill requires each health-care facility to permit patients and residents in the health-care facility to receive visitors to the fullest extent permitted under the least restrictive of any applicable state laws or local ordinances. The bill authorizes the department of public health and environment (department) to issue a warning to a health-care facility if the department finds that the health-care facility has violated an applicable state law or local ordinance. The department may fine the health-care facility for a violation of the state law or local ordinance. If circumstances require the complete closure of a health-care facility to visitors, the health-care facility is required to use its best efforts to develop alternate visitation protocols that would allow visitation to the greatest extent and as safely as possible. A health-care facility is required to provide notice of its patient and resident visitation rights and to allow compassionate care visits. Notwithstanding other provisions of law to the contrary, each health-care facility is required to allow compassionate care visits if specific circumstances apply. A health-care facility may require compassionate care visitors to pass a health screening and wear personal protective equipment. (Note: This summary applies to this bill as introduced.)