Joint Budget Committee. The bill authorizes the general assembly to appropriate general fund money to the department of health care policy and financing (department) to pay for expenses related to the all-payer health claims database (database). The bill also establishes a grant program to assist nonprofit organizations and governmental entities, other than the department, in accessing the database to conduct research. The bill authorizes the advisory committee to oversee the database, review grant applications, and recommend to the department which grant applications to fund and the amount of each grant. The department is authorized to develop and review grant applications and determine which grant applications to fund and the amount of each grant. The medical services board is authorized to adopt rules governing the grant program. The bill appropriates money to the department to pay for the database and the grant program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill defines 'case management agency' and adds a case management agency to the definition of 'provider' that provides services and supports to persons with developmental disabilities. The bill requires providers and service agencies to operate pursuant to department of health care policy and financing rules. Under existing law, a person with a developmental disability cannot maintain a liability action against a provider unless the person claiming the injury has filed for dispute resolution by the department of human services or a community-centered board. The bill adds the department of health care policy and financing and case management agencies to the list of entities to which a person may file for dispute resolution. The bill identifies a person with a developmental disability who is served in a residential setting as a tenant of the provider and allows property rights to accrue for such a tenant. Under existing law, a provider that accepts a referral for community placement from the department of human services is not subject to liability for accepting the person for community placement. The bill removes liability when accepting a referral from the department of health care policy and financing. Except in emergencies, the bill requires person-centered planning to occur prior to removing a person with a developmental disability from a residential setting when the person may be at risk of abuse, neglect, mistreatment, exploitation, or other harm. In an emergency, such person-centered planning must occur as soon as possible following removal. The bill authorizes case management agencies to remove a person with a developmental disability from a residential setting and subjects those agencies to the same standards of liability as other entities authorized to remove such persons from residential settings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law provides 2 definitions by which an offender in the custody of the department of corrections (department) may be considered a 'special needs offender'. The first definition describes a person 'who is 60 years of age or older and has been diagnosed by a licensed health care provider who is employed by or under contract with the department as suffering from a chronic infirmity, illness, condition, disease, or behavioral or mental health disorder and the department or the state board of parole (parole board) determines that the person is incapacitated to the extent that he or she is not likely to pose a risk to public safety'. The bill amends this definition by changing '60 years' to '55 years'. The bill also adds a third definition by which such an offender may be considered a 'special needs offender'. That is, an offender who, as determined by a licensed health care provider who is employed by or under contract with the department, on the basis of available evidence, not including evidence resulting from a refusal of the person to accept treatment, does not have a substantial probability of being restored to competency for the completion of any sentence and is not likely to pose a risk to public safety. Under current law, if the department recommends to the parole board that an offender be released to parole as a special needs offender, the parole board may deny parole only by a majority vote of the parole board. The bill states that to deny parole under such conditions, the parole board must also make a finding that granting parole would create a threat to public safety and that the offender is likely to commit an offense. The bill states that if, prior to or during any parole hearing, the parole board or any member of the parole board has a substantial and good-faith reason to believe that the offender is incompetent to proceed, the parole board shall suspend all proceedings and notify the trial court that imposed any active sentence, and the court shall determine the competency or incompetency of the offender. The court shall appoint counsel to represent the offender with respect to the determination of competency, but the presence of the offender is not required for any court proceedings unless good cause is shown. For any offender who is granted special needs parole, the parole board shall set the length of the parole for an appropriate time period of at least 6 months but not exceeding 36 months. At any time during such an offender's parole, the parole board may revise the duration of the offender's parole. However, in no case may such an offender be required to serve a period of parole in excess of the period of parole to which he or she would otherwise be sentenced, or 36 months, whichever is less. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Legislative Audit Committee. Commencing January 1, 2019, the bill requires each statutorily created board or commission in state government, not including a special purpose authority, to implement written policies or bylaws and obtain annual training on specified issues in order to ensure that best practices are utilized and requires each state agency responsible for a statutorily created board or commission to ensure that the state board or commission obtains the annual training and implements the written policies.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The 'Pet Animal Care and Facilities Act' (PACFA) is scheduled to repeal on September 1, 2019. The bill continues PACFA indefinitely and eliminates further sunset review. (Note: This summary applies to this bill as introduced.) , Read More
Section 1 of the bill requires oil and gas operators to file written reports with the Colorado oil and gas conservation commission and other affected stakeholders for each major and minor 'reportable event'. Operators must also give oral notice of major reportable events. A 'major reportable event' includes an incident involving: The unauthorized release of more than 25 barrels of oil, produced water, oilfield chemicals, or exploration and production waste; and The unauthorized flaring, venting, or wasting of: More than 500,000 cubic feet of gas at any drilling or producing well site or at any injection or disposal facility; or More than 1,500,000 cubic feet of gas at any transportation, gathering, or processing facility; A fire that consumes at least these volumes of liquid or gas; A spill, venting, or fire, regardless of the volume involved, that occurs within 500 feet of: A sensitive area, as that term is defined by rule; or A park, recreation site, wildlife refuge, lake, reservoir, stream, or urban or suburban area; An accident that involves a fatal injury; A blowout or loss of control of a well; and An uncontrolled release of gas containing 100 or more parts per million of hydrogen sulfide. A 'minor reportable event' includes an incident involving: The unauthorized release of more than 5 barrels and up to 25 barrels of oil, produced water, oilfield chemicals, or exploration and production waste; The unauthorized flaring, venting, or wasting of more than 50,000 cubic feet and up to 500,000 cubic feet of gas at a drilling or producing well site or at an injection or disposal facility; The unauthorized venting or wasting of more than 50,000 cubic feet and up to 1,500,000 cubic feet of gas at a transportation, gathering, or processing facility; Any uncontrolled fire or explosion; and An accident involving serious bodily injury. The commission will post the reports, notifications, and an annual summary on its website in a database that is searchable by operator, location, type of event, date, and other criteria established by the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Under current law, health insurers are permitted to consider the geographic location of the policyholder when establishing health insurance rates for individual and group insurance plans. For an individual health plan issued, amended, or renewed on or after January 1, 2019, the bill prohibits a health insurer from considering the geographic location of the policyholder when establishing rates for the plan, thereby creating a single geographic rating area consisting of the entire state for purposes of all individual health benefit plans.(Note: This summary applies to this bill as introduced.) , Read More
The federal 'Tax Cuts and Jobs Act', which became law in December 2017, added distributions for elementary or secondary school expenses as qualified distributions from a qualified state tuition program, also known as a 529 account, thereby allowing, on the federal level, income tax-free distributions for elementary and secondary school expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill amends Colorado law to ensure that a taxpayer may not claim a deduction for contributions to qualified state tuition programs for elementary or secondary school expenses and clarifies that such expenses are not qualified distributions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill applies to certain consumer and employment arbitrations and: Establishes ethical standards for arbitrators; Specifies that any party may challenge in court the impartiality of an arbitrator or arbitration services provider; Requires specified disclosures by arbitrators and arbitration services providers; Authorizes injunctive relief against an arbitrator or arbitration services provider who engages in certain specified acts; and Specifies that a right conferred by the bill may not be waived prior to a demand or filing of a claim and only afterward by a signed waiver.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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The bill creates a pilot program to allow marijuana delivery. The marijuana state licensing authority can enter into a memorandum of understanding with up to 3 municipalities to allow medical and retail marijuana delivery. The state licensing authority can adopt rules regarding marijuana delivery. The state licensing authority can start issuing licenses on January 1, 2019, and the pilot project repeals on December 31, 2020. By March 1, 2020, the state licensing authority shall report to the finance committees of the house of representatives and the senate regarding marijuana delivery in the jurisdictions with the memorandums of understanding. The bill appropriates $310,543 to the department of revenue from the marijuana cash fund. The appropriation is distributed as follows: $230,044 for marijuana enforcement and an additional 2.7 FTE; $12,000 for tax administration IT system support; $14,850 for use by the executive director's office for vehicle lease payments; $11,025 for use by the executive director's office for operating expenses; and $42,624 for the purchase of legal services.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill specifies that the period of time wherein a tax must be assessed is extended in the case of a taxpayer whose assets are in the control or custody of a court or in the case of a taxpayer who has filed bankruptcy proceedings. The bill also provides clarifications regarding: The department of revenue's authorization to sell a delinquent taxpayer's motor vehicle; Other remedies that a district court has available in the case of a delinquent taxpayer; and When property or rights to property must be surrendered to the executive director of the department of revenue and what the penalties are for failing to surrender such property.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
