Marijuana - hospitality establishments - retail hospitality spaces and sales establishments - marijuana hospitality establishment licensing - rules - appropriation. Subject to approval by both the state and local licensing authorities, the act authorizes marijuana hospitality spaces (hospitality spaces) in which medical and retail marijuana may be consumed on site and retail marijuana hospitality and sales establishments in which retail marijuana, retail marijuana concentrate, and retail marijuana products may be sold and consumed on site. Subject to local approval, the act authorizes a retail food establishment to apply for a marijuana hospitality establishment license for a specified portion of the retail food establishment but prohibits an entity from having both a marijuana hospitality establishment license and a liquor license for the same premises. The act establishes requirements and prohibitions for the new hospitality spaces and requires the state licensing authority to promulgate rules governing the new marijuana hospitality establishment licenses and hospitality spaces. The act makes smoking marijuana in the hospitality spaces an exception to the "Colorado Clean Indoor Air Act". For the 2019-20 state fiscal year, the act appropriates $399,479 from the marijuana cash fund to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.) Read More
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Regulated marijuana - delivery - rule-making authority - surcharge - limitations - local authorization - appropriation. The act creates marijuana delivery permits for licensed medical marijuana centers and transporters and licensed retail marijuana stores and transporters that allow the centers, stores, and transporters to deliver medical marijuana, medical marijuana-infused products, retail marijuana, and retail marijuana products to customers. The act gives the state licensing authority rule-making authority over the permit and delivery system. The act specifies that a permit is valid for one year and may be renewed with the associated license. A one-dollar surcharge is assessed on each delivery, and that money is remitted to the municipality where the center or store is located, or to the county if the center or store is in an unincorporated area, for local law enforcement costs related to marijuana enforcement. Deliveries are limited to one per day, limited to private residences, and may not be made to college campuses. The act provides protection against criminal prosecution for those making the deliveries. Delivery is only allowed in a jurisdiction if that jurisdiction has voted to allow delivery either by referendum or by the governing board of the jurisdiction. Medical marijuana delivery permitting for medical marijuana centers begins on January 2, 2020, and medical marijuana delivery permitting for medical marijuana transporters, and all retail marijuana delivery permitting, begins on January 2, 2021. The act requires responsible vendor training programs to include marijuana delivery training. For the 2019-20 state fiscal year, the act appropriates $390,152 from the marijuana cash fund to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More
Background checks - access to child abuse and neglect records - individuals who work with children - required fingerprint-based background checks. Current law specifies what entities and agencies have access to child abuse or neglect records and reports. The act adds to that list the department of human services, when requested in writing by an individual to check records or reports of child abuse or neglect for the purpose of screening that individual when such individual's responsibilities include the care of children, treatment of children, supervision of children, or unsupervised contact with children. The act requires a fingerprint-based criminal history record check for the following: Child care center employees under 18 years of age; Out-of-state employees working at a child care center in a temporary capacity; and All owners, employees, volunteers, and adults residing in a family child care home.(Note: This summary applies to this bill as enacted.) Read More
Driver's licenses and other identification documents - persons not lawfully present - appropriation. The act requires the department of revenue to issue identification documents, such as driver's licenses, at 10 or more offices geographically distributed throughout the state. The new offices are phased in, so that the department will have 8 offices open by January 1, 2020, and 10 offices open by July 1, 2020. $1,737,800 is appropriated to the department of revenue from the licensing services cash fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Court-appointed special advocate programs - program oversight. The act relocates provisions concerning the statewide oversight of court-appointed special advocate (CASA) programs. The office of the child's representative (office) is required to enter into an agreement with a nonprofit entity (state CASA entity) to enhance the CASA program in Colorado. The state CASA entity is required to submit a report to the office concerning the performance of its duties within one month prior to receiving an allocation of money for CASA programs and, at least annually, must certify to the office the amount that each local CASA program receives from each allocation.(Note: This summary applies to this bill as enacted.) Read More
Legislative services - director of research of the legislative council - state tax system working group - report - appropriation. The director of research of the legislative council, in coordination with the other nonpartisan legislative staff agencies, the department of revenue, the department of personnel, and the governor's office of information technology, is required to convene a state tax system working group (working group) to meet during the interim following the first regular session of the seventy-second general assembly and to conduct an analysis of the state tax system used by the department of revenue. The working group is authorized to solicit input from any additional interested parties, as deemed necessary and appropriate by the working group. The working group is required to provide a progress report regarding its work to the joint technology committee and the joint budget committee and to submit a report of its findings and recommendations in connection with the state tax system to the joint technology committee, the joint budget committee, and the finance committees of the house of representatives and the senate. For the 2019-20 state fiscal year, $44,552 is appropriated from the general fund to the legislative department and $30,000 is appropriated from the general fund to the department of revenue for the purposes of the working group. (Note: This summary applies to this bill as enacted.) Read More
Child placement agencies - delegating care of a minor - temporary care assistance program - appropriation. The act permits a parent or guardian to use a temporary care assistance program operated by a child placement agency to identify an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney. Prior to July 1, 2021, only a child placement agency that is a nonprofit organization and that operates a program similar to a temporary care assistance program in 30 or more states may operate a temporary care assistance program. A temporary care assistance program must make diligent efforts to notify any parent or guardian identified having parental rights or legal decision-making authority regarding the minor's care and cannot assist a parent who is named as a respondent in an open dependency and neglect case. A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver is limited to a duration of 6 months. The 6-month restriction does not apply to deployed or active duty military members. Such a power of attorney can be revoked at any time and does not change legal rights or obligations existing pursuant to a court order. The minor must be returned to the custody of the parent or guardian within 48 hours after termination of the power of attorney. A temporary care assistance program is permitted to approve as a temporary caregiver any person who: Meets the standards prescribed by the temporary care assistance program; Satisfactorily completes required criminal and child abuse and neglect background checks and sex offender registration checks; and Receives training conducted by the temporary care assistance program. A temporary care assistance program and a temporary care provider are subject to any rules applicable to noncertified kinship care that are promulgated by the department of human services and that are consistent with statutory provisions concerning temporary care assistance programs. A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not constitute child abuse or neglect, constitute placing the minor into foster care, or relieve parents, guardians, or minors of rights and obligations pursuant to court orders. For the 2019-20 state fiscal year, $14,093 is appropriated from the general fund to the department of human services for use by the division of child welfare for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
Child welfare - foster care prevention services - qualified residential treatment programs - federal compliance. The act authorizes the department of human services (department) to establish and implement a foster care prevention services program for families with children and youth who are candidates for foster care but who can safely remain at home with receipt of foster care prevention services. Eligible recipients of foster care prevention services include children and youth and their parents, legal custodians, legal guardians, and kin caregivers when their needs are directly related to the safety, permanent placement, or well-being of the child or youth. If a child or youth is placed in a qualified residential treatment program (QRTP), the court or the administrative review division of the department is required to review the assessment and needs of the child or youth and determine whether placement in the QRTP is appropriate. The act requires a county department of human or social services (county department) to submit certain evidence to the court during each review and permanency hearing of a child or youth placed in a QRTP. A county department may provide foster care prevention services to a child or youth and the parents or kin caregivers of the child or youth upon the receipt of a report of intrafamilial abuse or neglect or human trafficking. The act adds the federal "Family First Prevention Services Act" as a program to be administered by the department. The act also adds foster care prevention services to the definition of child welfare services. The act requires the department to implement the utilization of foster care prevention services and qualified residential treatment programs when the federal government approves the state's five year Title IV-E prevention plan. (Note: This summary applies to this bill as enacted.) Read More
Substance abuse prevention - pharmacy enhanced dispensing fee - health care providers with prescriptive authority - required training - receipt of benefits for prescriptions prohibited - access to prescription drug monitoring program - appropriation to address opioid and other substance use disorder priorities - office of behavioral health grant programs created - center for research into substance use disorder prevention, treatment, and recovery support strategies program created - perinatal substance use date linkage project created - report - appropriations. The act: Allows a pharmacy that dispenses an opioid to receive an enhanced dispensing fee if the pharmacy provides counseling concerning the risk of opioids to the patient; Prohibits a physician, physician assistant, or an advanced practice nurse from accepting any direct or indirect benefits for prescribing a specific medication; Requires the state board of pharmacy to promulgate rules that require a prescription for an opioid for outpatient use to bear a warning label; Allows medical examiners and coroners access to the prescription drug monitoring program under specified circumstances; Authorizes the department of human services to conduct research that relates to the definition of "abuse" concerning the incidence of prenatal substance exposure and related newborn and family health and human services outcomes as the result of a mother's lawful and unlawful intake of controlled substances; Requires specified state departments to report to the health committees of the general assembly by December 31, 2019, the amount of federal funds that each is receiving or is eligible to receive for use in testing for hepatitis and HIV and the number of individuals currently and anticipated to be tested. The departments are also required to share eligibility standards for treatment with primary care providers. Creates the Charlie Hughes and Nathan Gauna opioid prevention grant program to improve young lives in the office of behavioral health in the department of human services (office) for the purpose preventing opioid use among the state's youth population. Requires the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) to develop and implement a program to increase public awareness about the safe use, storage, and disposal of opioids, and about the availability of antagonist drugs. The general assembly is required to annually appropriate until the 2023-24 fiscal year $750,000 to the center from the marijuana tax cash fund to implement the program. Allows the center, in partnership with an institution of higher education and the state substance abuse trend and response task force to conduct a statewide perinatal substance use data linkage project; Requires the center to hire additional staff to assist local communities in applying for grants; Creates the maternal and child health pilot program in the office to provide grants to obstetric and gynecological health care clinics and to treatment facilities that provide substance use disorder or medication-assisted treatment; and Requires podiatrists, dentists, advanced practice nurses, optometrists, and veterinarians to complete substance use disorder training as part of continuing education required to renew the provider's license if the health care provider has prescriptive authority. $1,192, 367 is appropriated to the department of human services, $1,100,000 is appropriated to the department of higher education, and $2 million is appropriated department of public health and environment, all from the marijuana tax cash fund, to implement the act. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Recovery from substance use disorders - housing vouchers - recovery residence standards and requirements - recovery residence certification grant program - creation of the opioid crisis recovery funds advisory committee - appropriation. The act: Expands the housing voucher program currently within the department of local affairs to include individuals with a substance use disorder; Establishes standards for recovery residences for purposes of referrals and title protection and prohibits a facility from using the terms "recovery residence", "sober living facility", or "sober home" unless the facility meets specified conditions; Creates the recovery residence certification grant program; and Creates the opioid crisis recovery funds advisory committee to advise and collaborate with the department of law on uses of any custodial funds the state receives as settlement or damage awards resulting from opioid-related litigation. To implement the act: $1,000,000 is appropriated to the department of local affairs; $2,620 is appropriated to the office of the governor for use by the office of information technology; and $50,000 is appropriated to the department of human services for use by the office of behavioral health.(Note: This summary applies to this bill as enacted.) Read More