Sunset Process - House Business Affairs and Labor Committee. The bill implements the recommendations of the department of regulatory agencies' (department) sunset review and report on requirements and procedures regarding the preparation of a cost-benefit analysis by: Continuing the requirements and procedures indefinitely ( recommendation 1 , sections 1 and 2 of the bill); Requiring state rule-making agencies to include on their applicable websites information about the cost-benefit analysis process and a link to the online regulatory notice enrollment form created by the executive director of the department or the executive director's designee ( recommendation 2 , section 2).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
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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 bill repeals the behavioral health transformation council (council). Section 1 of the bill repeals the council, and section 2 repeals the automatic termination date of the council pursuant to the sunset law. Sections 3 to 6 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows an insurance producer or broker advising a client on individual health benefit plans to charge the client a fee if the producer or broker does not receive a commission related to the individual health benefit plan selected by the client and if the producer or broker discloses in writing the fee to the client. The commissioner of insurance shall promulgate rules regarding how the producer or broker must provide the fee disclosure. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, each school district, board of cooperative services that operates a school, and charter school (local education provider) must adopt a written policy and procedure by which a parent may excuse his or her student from participating in the state assessments. The bill clarifies that the local education provider determines whether notice from the parent must be in writing. Under current law, a local education provider shall not punish a student whose parent excuses him or her from taking a state assessment. The bill clarifies that a local education provider also shall not prohibit the student from participating in an activity or receiving any other form of reward that recognizes participation in the state assessments. . If the department of education or the state board of education receives a parent complaint concerning a local education provider's implementation of the statute concerning students excused from taking assessments, the department must notify the local education provider of the nature of the complaint. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Sunset Process - House Business Affairs and Labor Committee. Sections 1 and 2 of the bill continue the licensing of community association managers and management companies, subject to regulation by the director of the division of real estate, for an additional 5 years, until September 1, 2023. ( Recommendation 1 ) Section 3 allows certain ministerial functions to be delegated to unlicensed persons while maintaining the license requirement for higher-level management functions such as the conduct of board meetings, handling of money, and negotiation of maintenance contracts. The director is authorized to adopt rules further clarifying these distinctions if necessary. ( Recommendation 3 ) Sections 4 and 6 through 8 scale back the amount of, and circumstances in which, direct supervision of an apprentice is required and specify that a supervising manager is accountable for the actions of an apprentice. Section 5 gives the director authority to adopt rules governing supervision of apprentices. ( Recommendation 4 ) Section 9 removes the automatic acceptance of certain private credentials as qualifications for licensure and substitutes a requirement that the director specify the acceptable credentials by rule. ( Recommendation 5 ) Sections 10 and 11 add due-process protections and specific procedural requirements to the director's authority to issue cease-and-desist orders. The director also has the option to issue an order to show cause and to hold a hearing before, rather than after, ordering a respondent to cease and desist from suspected unauthorized practices. ( Recommendation 6 )(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law requires each Colorado bank that engages in electronic funds transfers to provide certain protections to each "account holder", which is defined as a person having an established demand, savings, or loan account at a Colorado bank. The bill amends the law to require banks to provide such protections to each "consumer", which is defined as an individual who enters into a transaction primarily for personal, family, or household purposes. (Note: This summary applies to this bill as introduced.) , Read More
The bill requires a motor vehicle rental company to disclose to a potential customer, in any vehicle rental cost quote and in the rental agreement, additional mandatory charges applicable to the motor vehicle rental. Additional mandatory charges are charges specifically related to the operation of the rental vehicle. The failure to disclose additional mandatory charges is a deceptive trade practice. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Legislative Audit Committee. The bill strengthens the requirements necessary to earn performance-based incentives for film production activities in the state by: Requiring a production company that originates production activities in Colorado to have engaged in production activities in the state for other projects in the 12 months prior to applying for the performance-based incentive for a new project, and if the production company creates a business entity for the sole purpose of conducting production activities in the state, requiring the manager of the business to be a resident of the state for 12 consecutive months as of the date of applying for a performance-based incentive as well as defining a manager as someone with decision-making authority to give permission or 'go-ahead' to move forward with a project; Requiring a production company to provide documentation to prove that the production company meets the statutory definition of 'originates'; Requiring the production company's certified public accountant to provide in his or her written report documentation of the production company's expenditures, including the qualified local expenditures, and documentation that proves that the production company hired the necessary workforce to qualify for the performance-based incentive; Requiring the office of economic development (office) to conduct a review of the certified public accountant's written report to ensure the statutory requirements are met; Requiring the office to develop a list of certified public accountants that meet the statutory requirements and make the list available to all production companies as well as post it on the office of economic development's website; and Specifying that the office shall not issue a performance-based incentive to a production company until the production company and the office have entered into a contract in accordance with the procurement code. The bill also specifies that if a performance-based incentive is erroneously or improperly issued to a production company for any reason, the office is required to engage the services of the attorney general to recover from the production company any amount of the performance-based incentive that was erroneously or improperly issued. The bill also requires the Colorado economic development commission to annually schedule an orientation with the staff of the office in order to receive an official overview of the statutory requirements for a production company to earn a performance-based incentive for film production in Colorado. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, if a person does not cooperate with an investigation by the attorney general or a district attorney regarding a potential deceptive trade practice, the attorney general or district attorney may seek a court order requiring compliance with the investigation. The application for a court order must state why the order is necessary to terminate or prevent a deceptive trade practice. The bill would allow a judge to issue a court order if compliance with an investigation is necessary to investigate a deceptive trade practice. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More