Under current law, a medical marijuana center must source 70% of the medical marijuana it sells from its associated optional premises cultivation facility. Similarly, an optional premises cultivation facility must have 70% of the medical marijuana it cultivates sold through its associated medical marijuana center. The bill eliminates that requirement and allows medical marijuana centers to source medical marijuana from any optional premises cultivation facility. The bill creates a transition period between the current limited sourcing model that begins July 1, 2018. For one year from that date, medical marijuana centers and optional premises cultivation facilities can purchase and sell 50% of their inventory as a wholesale transaction, and medical marijuana trim is not included in the calculation of the percentage. Then, on or after July 1, 2019, an optional premises cultivation facility may sell any amount of the medical marijuana it cultivates to any medical marijuana center. Similarly, a medical marijuana center may source its medical marijuana from any optional premises cultivation facility without restriction. Additionally, the state licensing authority shall adopt a production management system similar to the system in the retail marijuana code. The bill allows a medical marijuana center to sell medical marijuana acquired from an optional premises cultivation facility licensee or medical marijuana-infused products manufacturer licensee. A medical marijuana center can sell more than 2 ounces to a patient if that patient has a recommended extended ounce count from his or her physician and registers with the medical marijuana center as his or her primary center. The patient also has to sign an affidavit that he or she does not have a primary caregiver cultivating medical marijuana on his or her behalf. The bill makes conforming amendments. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires state agencies to give a licensee: Notice of facts or conduct that may warrant revocation, suspension, annulment, limitation, or modification of a license; An opportunity to submit written data, views, and arguments with respect to the facts or conduct; and A reasonable opportunity to comply with all lawful requirements except for a willful violation or violation that is a danger to public health and safety. When a matter pertains to an individual who is licensed to practice an occupation, if mediation is ordered, section 2 of the bill requires a state agency to do the following upon the motion of the agency or licensee after the licensee receives the notice of hearing: To include a person who has authority to make prehearing decisions concerning disposition of the issue in settlement and mediation meetings and communications with the licensee; and To include a public or private mediator—at the expense of the licensee when the mediator is privately retained—upon the licensee's request. Administrative law judges are instructed to make themselves available for mediation, without cost, if feasible. Procedures are set for mediation. If mediation fails, the agency may continue to seek discipline upon instituting a disciplinary hearing against a licensee. The office of administrative courts and the division of professions and occupations in the department of regulatory agencies are required to report to specified legislative committees certain information about hearings, mediations, and proceedings held between July 2019 and July 2021. Section 3 of the bill clarifies that a court may overturn discipline for a failure to follow the requirements of current law or to submit to mediation. $125,356 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund to implement the bill. From that appropriation $19,917 is appropriated to the department of personnel for use by the office of administrative courts and $64,575 is appropriated to the department of law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill states that a person commits class 5 felony false imprisonment if he or she confines or detains another person less than 18 years of age by means of tying, locking, caging, chaining, or otherwise restricting that person's freedom of movement by any instrumentality for an unreasonable amount of time under the circumstances. The bill states that the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for false imprisonment. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill replaces the July 1, 2018, repeal date for the department of public health and environment's animal feeding operation permit program with a repeal date of July 1, 2025. The bill also extends the fees associated with the program at their current levels. The bill appropriates $14,323 from the animal feeding operations fund to the department of public health and environment for use by the division of environmental health and sustainability for the animal feeding operations program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Capital Development Committee. The bill: Codifies the 3-year period that capital construction appropriations remain available; and Clarifies the deadlines for the submission of capital construction budget requests, budget request amendments, and budget request amendments that are related to a request for a supplemental appropriation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Beginning January 1, 2020, an employer is allowed an income tax credit that is an amount equal to 35% of the employer's expenses incurred: Paying an employee during his or her leave of absence period, which is paid leave given to an employee for the purpose of making an organ donation, but which does not exceeding 10 working days or the hourly equivalent thereof; and For the cost of temporary replacement help, if any, during an employee's leave of absence period. An employer shall not claim a tax credit related to a leave of absence period for an employee who the employer pays wages of $80,000 or more during the income tax year. The tax credit is not refundable, but unused credits may be carried forward up to 5 years. Upon request of the department of revenue as part of an audit, a taxpayer must provide the department of revenue with documentation from the employee's medical provider that verifies the employee's organ donation. The department is granted an exception from a law that prohibits it from requesting medical records or medical information. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill adds 3 members to the Colorado task force on drunk and impaired driving. The executive director of the department of transportation, or the director's designee, shall appoint a community-based representative from the substance use disorder prevention field and a representative from the retail or medical marijuana industry who is an owner or manager of a retail dispensary. The executive director of the department of revenue, or the director's designee, shall appoint a representative from the marijuana enforcement division. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows a local district college (college), such as Aims community college, to offer a bachelor of science degree in nursing program as a completion degree in nursing to students who have or are pursuing an associate degree in nursing, provided that the college's board of trustees determines it is appropriate to address the needs of the communities within its service area, as approved by the Colorado commission on higher education based on existing criteria. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a remuneration-exempt identifying placard that exempts an individual with a disability from paying for parking if the disability limits the individual's: Fine motor control in both hands; Ability to reach a height of 48 inches from the ground due to lack of finger, hand, or upper extremity strength or mobility; or Ability to reach or access a parking meter due to the use of a wheelchair or other ambulatory device. The bill repeals existing authority for a person with a disability to park without paying. The bill appropriates $9,870 to the department of revenue from the general fund for use by the division of motor vehicles to order license plates to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill makes the following technical modifications to miscellaneous provisions of the 'Uniform Election Code of 1992' (code): Section 1 of the bill clarifies that any undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid does not need to be stored in the statewide voter registration system. Section 2 specifies voter registration requirements pertaining to a homeless elector. Section 3 clarifies that existing requirements prohibiting a loss of voter registration status while a person is confined in a correctional facility, jail, or state institution apply when the person is not serving a sentence for a felony conviction. Section 3 also clarifies that existing requirements permitting a confined prisoner who is awaiting trial or has not been tried to register to vote also applies to a prisoner who is not serving a sentence for a felony conviction. This section further adds that all such prisoners may list their confinement location as their ballot address for voter registration purposes. Section 4 clarifies the text of certain questions an elector answers upon registering and adds as a question the address where the elector wishes to receive his or her ballot if different from the address of record. Section 41 makes a conforming change to the definition of 'confirmation card'. Section 5 clarifies the information a prospective elector must provide when registering to vote at a driver's license examination facility. This section also makes changes to existing statutory provisions to facilitate the registration of electors at such facilities. Section 6 specifies that a declaration or change of affiliation made by an unaffiliated elector must be deferred if the elector has already been mailed a primary election ballot packet. The deadline by which the elector must declare, change, or withdraw an affiliation only applies to a primary election and does not apply to a general or coordinated election. Section 7 requires the department of state, no later than July 31, 2019, to regularly provide the department of revenue (DOR) with current voter registration information. The DOR must use the information to determine whether an individual is registered to vote at the time he or she applies to obtain, renew, or update a driver's license or state identification card. Section 8 changes the deadlines for registering to vote in advance of a political party caucus, assembly, or convention and for affiliating with the political party in advance of such events. Section 9 requires the state central committee of each major political party to compile and provide to the secretary of state (secretary) information concerning the membership of the county central committees of the party in addition to the bylaws or rules of each county central committee. Section 10 prohibits an unaffiliated elector from signing a petition for a candidate of a major political party. Section 11 prohibits a write-in vote for president in a general election from being counted unless it includes a write-in vote for vice-president. Section 12 deletes an existing statutory requirement that a copy of the notice of the cancellation of an election be posted at each voter service and polling center (VSPC) of the political subdivision. Sections 13 and 42 repeal statutory language requiring the county clerk and recorder (county clerk) to prepare a combined primary election ballot to be used by unaffiliated electors. Section 14 clarifies the certification requirements for election judges such that they will be certifying that they are residents of the state and deletes language requiring them to certify that they reside in the political subdivision. Section 14 also changes the date in advance of an election when classes for training election or supervisor judges must be held. Section 15 changes the deadline by which the appropriate official of a minor political party must certify to the county clerk an initial list of the names and addresses of electors serving as election judges. Section 16 changes the deadline by which any unaffiliated elector may give notice to the county clerk offering to serve as an election judge. Sections 17, 18, and 19 replace the term 'precinct' with 'VSPC' in 3 statutory sections addressing election and supervisor judges. Section 17 requires the county clerk to appoint election judges for each location where election activities are occurring instead of for each precinct as under existing law. This section also permits the county clerk to appoint an election judge to serve in a county other than the county in which the election judge resides. If more than one supervisor judge is serving at a VSPC, section 19 also requires the judges to be of different political party affiliations. Section 20 replaces the term 'polling location' with 'VSPC' in a statutory section dealing with the number of election judges. Section 21 repeals an outdated statutory section requiring, where voting is by ballot or on a ballot card, a particular counting of the ballots and the sealing of the transfer box. Section 20 also repeals outmoded provisions concerning preparation of the paper tape in electronic voting. Section 22 changes the deadline by which comments pertaining to a ballot issue must be filed with the political subdivision. Section 23 changes, for referred ballot measures, the deadline by which petition representatives are required to submit to the political subdivision comments favorable to the petition. Section 24 changes the deadline by which the designated election official of a political subdivision (DEO) is required to submit to the county clerk the full text of any required ballot issue notices. Sections 25, 26, 27, and 29 eliminate the general requirement that a secrecy envelope or sleeve be included in a mail ballot packet. Section 26 also modifies the language used for instructing the elector on completing a mail ballot. Section 29 also requires the county clerk to ensure the privacy of each elector's vote when election judges are removing and separating marked ballots from return envelopes and specifies actions that must be taken by the county clerk if he or she chooses not to include a secrecy envelope or sleeve in the mail ballot packet. Section 28 also changes the deadline by which a DEO is required to provide a mail ballot to a registered elector who requests the ballot at the DEO's office or the office designated in the mail ballot plan filed with the secretary. Section 30 repeals statutory provisions governing the process of applying for an absentee ballot. Section 31 provides that, if the declaration accompanying a federal write-in absentee ballot is received after the election, it is to be treated as an application to register to vote for subsequent elections. Section 32 changes the deadline by which the DEO is to complete the verification and counting of all provisional ballots. Section 33 changes the deadline by which the canvass board is to complete its duties. In the case of an election that includes a statewide ballot measure, section 34 changes the deadline by which the county clerk is to transmit to the secretary the portion of the abstract of votes cast that contains the statewide abstract of votes cast. Section 34 also changes the deadline by which the secretary is to compile and total election returns, determine if a recount is necessary, and order any recounts. Section 35 changes the deadline by which the canvass board is to certify to the DEO the official abstract of votes cast for all candidates and ballot measures in the election. Section 36 deletes a requirement that the secretary notify the affected county clerk of a recount for congressional, state and district offices, state ballot questions, and state ballot issues by means of registered mail and facsimile transmission. Section 36 also changes the deadline for completing the recount. Section 37 changes the deadline by which a recount of other offices, ballot issues, and ballot questions arising out of an election coordinated by the county clerk is to be completed and also changes another deadline affecting the notice to be given to the county clerk by a political subdivision where a recount is being waived. Section 38 changes the deadlines by which an interested party is to submit a notarized written request for a recount and by which an automatic recount is to be completed. Section 39 changes the manner of calculating the number of signatures required for a petition to recall a school district director. Section 40 changes the deadline by which a signer may request that his or her name be stricken from a recall petition.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
As it relates to naturopathic doctors, the bill: Requires that the statement provided to a patient before treatment disclose that the naturopathic doctor is registered; Removes the requirement that naturopathic doctors use the term "registered" in the naturopathic doctor's title; Requires a naturopathic doctor to qualify any specialty services provided to the public with "naturopathic" or "naturopath"; and Clarifies the circumstances under which a naturopathic doctor can use the term "physician".(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. The bill allows an individual who is under 55 years old and whose military retirement benefits are less than $40,000 to claim a deduction in the following amount: For the 2019 income tax year, 25% of the individual's military retirement benefits; For the 2020 income tax year, 50% of the individual's military retirement benefits or $10,000, whichever is less; and For the 2021 and 2022 income tax years, the individual's military retirement benefits or $10,000, whichever is less. The bill also requires the department of revenue, as part of its tax profile and expenditure report, to estimate the number of individuals who claim the new deduction for the 2019 income tax year, and of those, the number who are first-time filers in the state. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
