The bill allows the state licensing authority to authorize single-instance transfers of retail marijuana or retail marijuana products from a retail marijuana licensee to a medical marijuana licensee. If granted, the transfer must be completed within 30 days of the date the transfer was approved. A retail marijuana license that is subject to suspension is not eligible for the transfer and any retail marijuana or retail marijuana product that is subject to an administrative hold is not eligible for transfer. Under current law, the department of revenue determines the average market rate for purposes of excise tax collection on retail marijuana every 6 months. The bill gives the department the authority to calculate the average market rate on a quarterly basis. The average market rate cannot include taxes paid on sales or transfers. The bill requires a separate average market rate for unprocessed marijuana for extraction that is lower than the average market rate for unprocessed marijuana for direct sale. The bill states that the average market rate should be used to calculate the state excise tax on affiliated transactions, and the contract price should be used to calculate the excise tax on unaffiliated transactions. The bill clarifies that the average market rate will be used to calculate the excise tax on all county, municipal, or metropolitan district transactions. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Business, Labor, and Technology Committee. The bill implements one of the two recommendations contained in the department of regulatory agencies' (department) sunset report on the regulation of landscape architects by the division of professions and occupations, including the state board of landscape architects (board). Sections 1 and 2 of the bill implement recommendation 1 of the sunset report to continue the licensing of landscape architects for 11 years, until 2028.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Currently, a tow carrier who tows abandoned motor vehicles uses an electronic system to access department records to ascertain and notify the motor vehicle's owner and lienholder. The bill allows insurers and salvage pools to use the same system to determine a motor vehicle's owner and lienholder. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill prohibits a carrier from requiring a covered person to undergo step therapy: When being treated for a terminal condition; or If the covered person has tried a step-therapy-required drug under a health benefit plan and the drug was discontinued by the manufacturer. A carrier that requires step therapy must have an override process for health care providers. 'Step therapy' is defined as a protocol that requires a covered person to use a prescription drug or sequence of prescription drugs, other than the drug that the covered person's health care provider recommends for the covered person's treatment, before the carrier provides coverage for the recommended drug. (Note: This summary applies to this bill as introduced.)
The bill specifies that it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official to serve on the board of directors of a nonprofit entity. A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
For the 3 income tax years prior to January 1, 2017, a residential individual who has a federal adjusted gross income of $25,000 or less may claim a refundable state income tax credit for child care expenses. The tax credit is equal to 25% of eligible child care expenses that the individual incurred during the taxable year, up to a maximum amount of $500 for a single dependent or $1,000 for 2 or more dependents. The bill extends the tax credit for 3 more income tax years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates a legislative interim committee to study school finance issues and make legislative recommendations concerning how to most accurately meet the educational needs of students through the funding of education in Colorado. The interim committee will meet during the 2017 and 2018 legislative interims. The bill specifies issues that the interim committee must study. The interim committee is required to contract with a private entity to assist in the study. The chair and vice-chair of the interim committee may appoint subcommittees to provide technical assistance to the interim committee. The subcommittees may include members of the interim committee and other persons with expertise in school finance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill directs the commissioner of insurance to study methods of providing health care coverage to high-risk individuals and reducing health insurance premiums in the individual market, which study is to explore the feasibility of high-risk pools, reinsurance programs, or other high-risk programs and consider requirements under applicable federal law, potential financial impacts on consumers and businesses, potential funding mechanisms to ensure financial sustainability of a high-risk or reinsurance program, and necessary procedural requirements for seeking any required federal waivers or other authorization to implement and fund such programs. The commissioner is to submit a report on the study to the joint budget committee and other specified legislative committees by October 1, 2017, and present the report to specified legislative committees during SMART Act hearings prior to the 2018 legislative session. The commissioner is authorized to seek, accept, and expend public and private gifts, grants, and donations or any federal funding to defray the study costs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of naturopathic doctors, with modifications, as follows: Continues the regulation of naturopathic doctors by the director of the division of professions and occupations for 3 years, until September 1, 2020 ( sections 1 and 2 ); Requires insurance carriers to report to the director any malpractice judgments against or settlements entered into by a naturopathic doctor ( sections 5 and 6 ); Adds naturopathic doctors to the list of persons required to report child abuse or neglect ( section 8 ) and mistreatment of at-risk elders and at-risk adults with intellectual and developmental disabilities ( section 7 ); Clarifies that the naturopathic formulary that lists the medicines naturopathic doctors may use in the practice of naturopathic medicine includes prescription substances and devices authorized under the 'Naturopathic Doctor Act' ( section 3 ); and Corrects the name of the homeopathic pharmacopoeia as it appears in the act ( section 3 ). Additionally, section 4 of the bill specifies that a naturopathic doctor registered under the 'Naturopathic Doctor Act' may use the titles 'registered naturopathic doctor' or 'registered doctor of naturopathy' or the abbreviation 'R.N.D.'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under existing law, one of the performance indicators for determining the level of performance of a public high school, a school district, the state charter school institute (institute), or the state is the degree to which high school graduates demonstrate postsecondary and workforce readiness. The performance indicator is currently measured by the high school's graduation and dropout rates; the percentage of high school graduates who receive a diploma with a postsecondary and workforce readiness endorsement; students' scores on the state assessments administered in grades 9 through 11, including the achievement college entrance exam; and the percentages of students who graduate and matriculate in the next school year into a postsecondary education option. The bill adds as an additional measure for determining attainment of the postsecondary and workforce indicator the percentage of students enrolled in high school who demonstrate college and career readiness, based on the demonstration options available to the students enrolled in each public high school, at a level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation. The bill defines the demonstration options as those adopted by the state board of education in adopting the high school graduation guidelines. The state board must set achievement standards for each demonstration option that indicate the minimum achievement level required for high school graduation and a higher achievement level that indicates that the student is prepared to enroll in postsecondary general education core courses in reading, writing, and math without needing remediation. The bill requires each school district and the institute to report to the department of education the graduation requirements that the school district, each charter high school of the school district, and each institute charter high school adopts, including the options available to high school students for demonstrating college and career readiness. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. The bill clarifies the criteria and requirements in connection with the assignment of a state-owned motor vehicle (vehicle) to a state agency or to an officer or employee of a state agency. Assignment of vehicles to a state agency. Current law permits the division of central services in the department of personnel (division) to permanently assign a vehicle to a state agency. The bill clarifies that the assignment of a vehicle to a state agency is authorized only when the state agency's use of the vehicle is likely to meet the minimum required mileage for the vehicle's intended work function or if the state agency can justify the need for permanent assignment of the vehicle because of its unique use. The bill also clarifies the conditions under which the division must revoke the assignment of the vehicle to a state agency. Assignment of vehicles to an officer or employee of a state agency. Current law also permits a state agency to assign a vehicle to an officer or employee of the state agency under certain circumstances. The bill specifies that for purposes of the assignment of a vehicle to an officer or employee of a state agency, 'state agency' does not include the judicial and legislative branches of state government, any state institution of higher education, or the Auraria higher education center, and that 'state agency' does include the state board of stock inspection commissioners. Pursuant to current law, a state agency may assign a vehicle to an officer or employee when the executive director of the state agency determines that it would promote a legitimate nonpartisan state interest, promote the efficient operation of the state motor vehicle fleet, and is cost-effective to the state agency. The bill eliminates the current criteria and specifies that a state agency may assign a vehicle to an officer or employee of the state agency for business and commuting only if: Assignment of the vehicle is necessary to conduct official and legitimate state business; The vehicle meets the federal internal revenue service (IRS) definition of qualified nonpersonal use, or assignment of the vehicle is the most cost-efficient means of transportation to the state agency; and Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel. The bill requires the executive director of a state agency or their designee to authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the director of the division for review. The bill requires the director of the division or the state controller, as applicable, to review any assignment of a vehicle to an officer or employee of the state agency. The director of the division or the state controller is required to verify that the state agency's assignment of a vehicle complies with state and federal law. If the review establishes that the assignment of a vehicle does not comply with state and federal law, the division is required to revoke the assignment of the vehicle. Currently, any state officer or employee who has an assigned vehicle is required to reimburse the state for the use of the vehicle at a rate computed by the division. The bill eliminates the reimbursement provision and specifies that when an officer or employee is assigned a vehicle because it is the most cost-efficient means of transportation to the state agency, the officer or employee is required to pay income tax on the value of the fringe benefit of the vehicle. The bill requires the state controller to calculate and report as income the value of the vehicle's fringe benefit in accordance with IRS regulations. The division is required to establish a program and adopt rules providing for annual verification by the director of the division or the state controller that the assignment of each state-owned motor vehicle to an officer or employee of a state agency still complies with the requirements of state and federal law. The review is required for all assigned vehicles, regardless of when they were assigned. If the verification process establishes that the assignment of a vehicle does not comply with state and federal law, the division is required to revoke the assignment of the vehicle. On or before September 1, 2019, the department of personnel is required to report to the legislative audit committee regarding the implementation and enforcement of the bill. The department may make recommendations regarding further modifications to the criteria and requirements for the assignment of vehicles to officers and employees of state agencies for business and commuting purposes. (Note: This summary applies to this bill as introduced.)
The bill requires the department of health care policy and financing, with assistance from the department of human services' office of behavioral health, to prepare a written report for committees of the general assembly relating to residential and inpatient substance use disorder treatment options under the medicaid program, the cost of treatment, and the potential impact on other state and county programs and services if residential and inpatient substance use disorder treatment options were effective. The departments' report shall also include recommendations relating to the implementation of residential and inpatient substance use disorder treatment, better coordination of substance use disorder services among state agencies, and necessary changes to state law to implement treatment. The bill authorizes the department of health care policy and financing to access the prescription drug use monitoring program data to identify clients who may be at-risk of opioid overdose or who may benefit from increased care coordination. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
