The bill requires the manufacturer or distributor to reimburse a motor vehicle dealer for any stop-sale directive from 90 days after the directive is issued until the vehicle is sold or a repair solution is provided. The reimbursement rate is one percent of the wholesale value per month. The duty to reimburse occurs when: The motor vehicle is a used motor vehicle; The motor vehicle dealer holds an active sales, service, and parts agreement with the manufacturer or distributor for the line-make of the used motor vehicle; The motor vehicle is in the motor vehicle dealer's inventory when the stop-sale directive is issued; and The manufacturer or distributor does not provide a remedy procedure or make a part available to repair the used motor vehicle for more than 90 days after the stop-sale directive is issued.(Note: This summary applies to this bill as introduced.)
The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by: Participating in a federal program that provides additional matching money to states; Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to: Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and Increase publicly funded insurance reimbursement rates to hospitals; and Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs. The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law. The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to: Charge and collect the fee from hospitals; Leverage fee revenue collected to obtain federal matching money; Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise; Issue revenue bonds payable from its revenues; Enter into agreements with HCPF as necessary to collect and expend fee revenue; Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals; and Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business. The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017. The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap. (Note: This summary applies to this bill as introduced.)
For the 2016-17 state fiscal year, the bill increases the amount of reappropriated funds that are appropriated to the department of law for the purpose of providing additional legal services for the department of education. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sections 1 through 5. The bill allows a rural school district to hire a nonlicensed person to fill a vacant licensed teacher position if, after trying to fill the position with a licensed teacher, the board of education of the district passes a resolution declaring a critical shortage of licensed teachers. The hiring school district must provide professional development and support to the nonlicensed person. The nonlicensed person is subject to the same employment and evaluation provisions that apply to licensed teachers. Section 6. The bill creates a process and standard by which a rural school district, group of rural school districts, or board of cooperative services may obtain waivers of statutes and rules. (Note: This summary applies to this bill as introduced.)
Signed by the Speaker of the House
The Colorado student leaders institute currently exists as a pilot program in the lieutenant governor's office. The bill relocates the institute to the department of higher education without change. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
For the 2016-17 state fiscal year, the bill increases the appropriation to the department of law to improve the department's information technology security based on an external auditor's recommendations. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill directs the office of the state auditor (OSA) to conduct or cause to be conducted an audit of client correspondence, including letters and notices, sent to clients or potential clients in medicaid programs. The audits will be conducted in 2020 and 2023 and thereafter at the discretion of the state auditor. Among other items set forth in the bill, the performance audits will review client correspondence for readability, understandability, and accuracy. In addition, the audits will review available county data regarding customer contacts relating to client confusion with client correspondence. The OSA will report audit findings, conclusions, and recommendations to the legislative audit committee, the joint budget committee, the public health care and human services committee of the house of representatives, the health and human services committee of the senate, and the joint technology committee, or any successor committees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, institutions of higher education are limited in the number and length of term employment contracts or contract extensions that the institution can award. In addition, institutions are prohibited from providing postemployment compensation or benefits to a government-supported employee after the individual's employment has ended, except in limited situations and in limited amounts. Further, under current law, the terms of government-supported employment contracts are generally available for public inspection. For state institutions of higher education, the bill exempts the institution's employee positions that are funded by revenues generated through auxiliary activities, as defined in the bill, from the provisions of current law. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill authorizes a state agency, the Colorado wine industry development board, or an instrumentality of a municipality or county that has a statutory mandate to promote either alcohol beverages manufactured within the state or tourism to an area of the state where alcohol beverages are manufactured to obtain a special event permit to sell alcohol beverages for a limited period. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the cash surrender value of life insurance held by a debtor for 48 months or longer up to $100,000 is exempt from attachment or execution. The bill increases this exemption up to $250,000. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things. The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
