Currently, the 'Colorado End-of-life Options Act' requires an attending physician or hospice medical director to sign the death certificate of an individual who obtained and self-administered aid-in-dying medication. The bill removes this requirement. (Note: This summary applies to this bill as introduced.)
The Colorado court of appeals has held that current law does not authorize counties to levy and collect a sales tax on retail marijuana and retail marijuana products in addition to any sales tax imposed by the state and the standard sales tax imposed by the county (special sales tax). Current law is also silent regarding the authority of a statutory municipality (municipality) to collect a special sales tax on retail marijuana and retail marijuana products. The bill authorizes counties and municipalities to levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products; except that a county may levy, collect, and enforce a special sales tax on retail marijuana and retail marijuana products only under the following circumstances: The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the unincorporated areas of the county; The county levies, collects, and enforces a special sales tax upon all sales of retail marijuana and retail marijuana products in the municipalities within the county that do not levy a special sales tax on the sale of retail marijuana and retail marijuana products. The county special sales tax is authorized only until the municipality obtains voter approval for a special municipal tax on the sale of retail marijuana and retail marijuana products. After such time, any county special sales tax is invalid within the corporate boundaries of the municipality unless the county enters into an intergovernmental agreement with the municipality to allow the county to continue to levy, collect, and enforce the county's special sales tax. The governing body of any county and the governing body of any municipality within the boundaries of the county that levies a municipal special sales tax on the sale of retail marijuana and retail marijuana products enter into an intergovernmental agreement pertaining to the county's levy, collection, and enforcement of a special sales tax upon all sales of all retail marijuana and retail marijuana products. The intergovernmental agreement may include a provision for the apportionment of a specified percentage of the gross retail marijuana special sales tax revenue collected by the county to the municipality. The bill specifies that a county or a municipality may not levy a special sales tax under any circumstance until the proposed tax has been referred to and approved by the eligible electors of the county or municipality, as applicable. A county or municipality must refer the proposed tax to the eligible electors only on the date of the state general election, on the first Tuesday in November of an odd-numbered year, or, in the case of a municipality, on the date of a municipal biennial election. The bill specifies that if a county or municipality obtained voter approval prior to the effective date of the bill to levy, collect, and enforce a special sales tax upon the sale of retail marijuana and retail marijuana products, the tax is valid; except that, for a county, the tax is valid only so long as the county complies with the conditions specified in the bill. If the county levies, collects, and enforces such tax in a municipality that has already obtained voter approval to levy a special sales tax on the sale of retail marijuana and retail marijuana products, the county's special sales tax is invalid unless the county enters into an intergovernmental agreement with the municipality. Any special sales tax on retail marijuana and retail marijuana products shall not be collected, administered, or enforced by the department of revenue. Instead, such tax shall be collected, administered, and enforced by the county or municipality imposing the tax. A county or municipality in which the eligible electors have approved a special sales tax on the sale of retail marijuana and retail marijuana products may credit the revenues collected from the tax to the general fund of the county or municipality or to any special fund created in the county or municipality's treasury. The governing body of a county or municipality may use the revenues collected from the tax for any purpose as determined by the governing body of the county or municipality. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires the transportation legislation review committee to meet at least once together with the capital development committee in the course of the committees' regular business to discuss a plan to address critical statewide infrastructure needs and how such critical needs should be funded. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill enacts the 'Regulatory Relief Act of 2017'. The bill includes a legislative declaration about the importance of small businesses to the Colorado economy and acknowledges the difficulty these types of businesses have in complying with state rules that are not known or understood by these businesses. The bill requires a state agency (agency) to give a small business a period of time to cure a first-time minor violation of a rule instead of enforcing the rule by imposing a fine. When an agency determines that a small business has committed a minor violation of a rule, instead of imposing a fine, the agency is required to notify the small business in writing of the violation, including the steps to cure the violation, and give the small business 30 business days to cure the violation. Upon a showing of good cause, the business owner may request additional time to cure the violation. If the small business owner fails to cure the minor violation within the stated time period, the agency may impose the fine on the small business. This cure provision does not apply in cases where an agency is required by statute to assess a fine for noncompliance. For purposes of the cure provision, the bill defines 'small business' as a business that employs 100 or fewer employees. The bill defines 'minor violation' as a violation that includes operational or administrative matters, such as record keeping, retention of data, or filing of reports, and that is enforced by a fine; except that 'minor violation' does not include any matter that places the safety of the public, employees, or others at risk. The bill provides exceptions from the definition of 'minor violation' for certain types of rules or violations. Under current law, agencies are required to convene stakeholder groups to give input about proposed rules. The bill amends the stakeholder provision to direct agencies to make diligent attempts to notify and solicit input from representatives of small businesses (in this case small business is a business with fewer than 500 employees as defined under the 'State Administrative Procedure Act') about proposed rule-making, if the agency's proposed rule-making has a potential negative impact on small businesses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires a residential landlord: To provide each tenant with a copy of a written rental agreement signed by the parties; Upon receiving any payment made in person by a tenant with cash or a money order, to contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment; and Upon receiving any payment with cash or money order that is not delivered in person by a tenant and if requested by a tenant, to provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment. This requirement does not apply if there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment. The landlord may provide the tenant with an electronic copy of the agreement or the receipt, unless the tenant requests a paper copy. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires applicants for initial licensure or certification, as well as current licensees and certificate holders, to submit to a fingerprint-based criminal history record check for: Podiatrists ( sections 1 and 2 ); Dentists and dental hygienists ( sections 3 and 4 ); Medical doctors, physician assistants, and anesthesiologist assistants ( sections 5 and 6 ); Nurses ( sections 7 and 8 ); Certified nurse aides ( sections 12 and 13 ); Optometrists ( sections 16 through 18 ); and Veterinarians ( sections 19 through 21 ). Sections 9 and 10 of the bill establish standards for certain professional nurses, practical nurses, and retired volunteer nurses who suffer from a physical or mental illness or condition that renders the nurse unable to practice. Section 11 of the bill eliminates the nurse alternative to discipline program. Sections 14 and 15 of the bill require an employer of a certified nurse aide (CNA) to report any violation of the CNA practice act that results in a CNA being terminated from employment, including resignation in lieu of termination, within 30 days after the termination or resignation. The state board of nursing is authorized to fine an employer that fails to report the termination or resignation. Section 22 amends the 'Medical Transparency Act of 2010' to include a person applying for nurse licensure under the 'Enhanced Nurse Licensure Compact' within the definition of 'applicant'. Section 23 of the bill repeals the current 'Nurse Licensure Compact' and adopts the 'Enhanced Nurse Licensure Compact'. Section 24 appropriates $576,126 from the Colorado bureau of investigation identification unit fund to the department of public safety to implement the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill repeals the interagency farm-to-school coordination task force (task force) and ends the terms of current members of the Colorado food systems advisory council (council). The bill provides for the appointment of new members to the council. The council's duties are to: Collaborate and coordinate with producers, relevant state and federal agencies, and consumers regarding linking Colorado producers, particularly specialty crop producers, with food and nutrition assistance programs; Collaborate with relevant state and federal agencies and other entities regarding the study, development, and recommendation of policies and methods to best implement the farm-to-school program; Collaborate with producers, relevant government agencies, educational institutions, nongovernmental organizations, and consumers regarding support for the recommendations in the Colorado blueprint for food and agriculture, and ensure that the blueprint, or its successor, is updated as needed; Conduct research regarding national best practices regarding food and nutrition assistance, direct and intermediated market development, and farm-to-school programs as well as other priorities determined by the council; Collaborate with, serve as a resource to, and receive input from local and regional food policy councils in the state; Explore methods of collecting and assessing statewide data relating to council activities and report the relevant information and data regarding council activities as required by current law; and Collaborate with the department of agriculture in leveraging existing domestic marketing programs that benefit Colorado agriculture. The bill extends the repeal of the council from September 1, 2018, to September 1, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, any person denied the right to inspect any record covered by the 'Colorado Open Records Act' (CORA) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least 3 business days prior to filing an application with the district court, the person who has been denied the right to inspect the record is required to file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. The bill changes this deadline from 3 days to 14 days. During the 14-day period before the person may file an application with the district court, the bill requires the custodian who has denied the right to inspect the record to either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. The bill requires any common expense necessary to resolve the dispute to be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the bill requires the person to provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least 3 business days prior to the date on which the person files the application with the district court. In such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 2 of the bill prohibits a person from serving on the public utilities commission if he or she: Has, within the immediately preceding 4 years, served as an officer or director of a regulated utility; or Has or acquires any official relation to, or financial interest in, a regulated utility. 'Financial interest' does not include passive ownership of stocks through a mutual fund or similar vehicle. Section 3 encourages the director of the commission to assign employees to temporary training and development sessions with other state agencies, particularly those with which the commission has frequent interaction, to improve the employees' substantive expertise and familiarity with the operations of those agencies. Section 3 also requires the director to keep audio records of the commission's proceedings and make them publicly available online. In addition, section 3 expressly authorizes the executive director of the department of regulatory agencies (of which the commission is a part) to request that the state auditor conduct performance audits of the commission and its staff and operations. Section 5 directs the commission to adopt rules concerning conflicts of interest, incompatible activities, and ex parte communications to govern the conduct of commission members, staff, and administrative law judges. Sections 1 and 4 make conforming amendments. Section 6 appropriates $22,812 to the department of regulatory agencies for legal services.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. Under current law, the retail marijuana sales tax rate is scheduled to decrease on July 1, 2017, from 10% to 8%. The bill eliminates the reduction and keeps the tax rate at 10%.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The concurrent resolution deletes the prohibition in the state constitution on new or increased transfer tax rates on real property. The concurrent resolution imposes a tax upon the recording of each real property deed at the rate of 1/10 of one percent of the value of the real property as specified in the deed for the privilege of transferring the title to real property (tax). A conveyance from one spouse or other marital partner to another or a correction deed are exempt from payment of the tax. At the time any deed evidencing a transfer of title subject to the tax imposed is offered for recording, the county clerk and recorder is required to ascertain and compute the amount of the tax due and to collect the same from the purchaser of the real property as a prerequisite to acceptance of the deed for recording. The amount of tax is computed on the basis of the value of the transferred property as specified in the deed. The county clerk and recorder is required to collect the amount due under the tax and certify the date of payment and the amount collected on the deed. The county clerk and recorder is authorized to retain 5% of the amount collected as his or her fee for collection and to further remit the balance on a quarterly basis to the county treasurer. The county treasurer is then required to transmit the same to the state treasurer for the deposit of such money into the already existing state housing investment trust fund (fund). Under existing legal requirements not changed by the concurrent resolution, the fund is administered by the division of housing within the department of local affairs (division). In addition to the permissible uses of money deposited into the fund under existing statutory requirements, the concurrent resolution specifies that permissible uses of the money collected from the imposition of the tax that are deposited into the fund pursuant to the resolution include the uses specified in the resolution. The concurrent resolution specifies the type of new or existing programs that must be supported with money collected by the tax. The concurrent resolution requires that any new or existing programs supported by the tax are to be administered by the division. The concurrent resolution contains additional requirements governing the use of money in the fund. The concurrent resolution specifies that its approval by the registered electors of the state voting on the ballot issue at the general election held in November 2017 constitutes a voter-approved revenue change to allow the retention and expenditure of state revenues in excess of the limitation on state fiscal year spending. The general assembly may modify any of the provisions as necessary in order to facilitate a more effective administration of the provisions. However, such legislation shall not limit or restrict the imposition of the tax or the use of the money raised by the tax to promote the provision of affordable housing. (Note: This summary applies to this concurrent resolution as introduced.)
The Colorado water conservation board (board) administers a pilot program to demonstrate the practice of fallowing agricultural irrigation land and leasing the associated water rights for temporary municipal, agricultural, environmental, industrial, or recreational use. Under the current pilot program, the board, in consultation with the state engineer, may authorize up to 10 pilot projects, each of a duration up to 10 years. Of the 10 pilot projects that the board may authorize, no more than 3 pilot projects may be located in any one of the following major river basins: The South Platte river basin; the Arkansas river basin; the Rio Grande river basin; and the Colorado river basin. An applicant must apply on or before December 31, 2018, to sponsor a pilot project. The pilot program is scheduled to be completed in 2029, at which time the board, in consultation with the state engineer, is required to provide a final report to the water resources review committee, or its successor committee, on the results of the pilot projects authorized. The bill extends the pilot program as follows: The board, in consultation with the state engineer, may authorize up to 15 pilot projects; No more than 5 pilot projects may be located in any one of the 4 major river basins listed above; An applicant must apply on or before December 31, 2023, to sponsor a pilot project; and The pilot program would be completed in 2034, at which time the board, in consultation with the state engineer, would provide a final report to the water resources review committee or its successor committee.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
