Rep. Jovan Melton

The bill requires that any complaint filed with the division of professions and occupations in the department of regulatory agencies against a mental health professional alleging a maintenance-of-records violation must be commenced within 7 years after the alleged act or failure to act giving rise to the complaint. Mental health professionals must give notice to former clients that a client's records may not be retained after the 7-year period. Complaints subject to the 7-year filing period must be resolved by the agency within 2 years after the date the complaint was filed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must: Notify all unit owners; and Except when the HOA contracted with the developer or builder for the work complained of or the amount in controversy is less than $100,000, obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits. The bill also limits the amount and type of contact that a developer or builder that is potentially subject to a lawsuit may have with individual unit owners while the HOA is seeking their approval for the lawsuit. (Note: This summary applies to this bill as introduced.)

Police Officers' and Firefighters' Pension Reform Commission. Current law specifies that an employer in a statewide pension plan administered by the fire and police pension association may modify its status in the plan through a vote of the members of the plan. In some cases, a modification must be approved by 65% of the members employed by the employer, and in other cases, a modification must be approved by 65% of the members employed by the employers who vote in the election for the modification. The bill creates a uniform approval standard by requiring that any modifications be approved by 65% of the members employed by the employer who vote in the election for the plan modification. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates a marijuana consumption club (club) license. The license is subject to the same licensing requirements as other retail marijuana licenses. The license may be issued to a person who operates an establishment where retail or medical marijuana may be sold and consumed. The club's sales are limited to the same limits as a retail marijuana store or a medical marijuana center. The club may not serve food prepared on site or alcohol. Entry to the club is restricted to those persons at least 21 years of age. A club shall purchase its marijuana, marijuana concentrate, or marijuana products from a licensed marijuana business or get a cultivation license and sell its own marijuana. A club may not permit outside marijuana, marijuana concentrate, or marijuana products. All marijuana, marijuana concentrate, or marijuana products must be consumed or disposed of on site. A club and its employees shall successfully complete a responsible vendor program annually. A club has the same immunity to a lawsuit for an injury caused by a club patron that a bar enjoys. The bill allows a local government to permit clubs in its jurisdiction. If a local government permits clubs, it may require the clubs to be licensed. In order to operate as a club, the club must comply with the local and state licensing regulations. A club is exempt from the 'Colorado Clean Indoor Air Act' for marijuana consumption purposes if it is fully ventilated. Public display, consumption, or use in a club is not a criminal offense. (Note: This summary applies to this bill as introduced.)

The bill creates within the joint technology committee a subcommittee on data privacy and cyber-security (subcommittee) to consider: Whether state governmental agencies are collecting or retaining data that exceeds what is necessary and appropriate for such agencies to perform their functions; Who has access to sensitive data, the extent of such access, and appropriate measures to protect sensitive data; and Measures to protect sensitive data against unauthorized access, disclosure, use, modification, or destruction. The subcommittee shall submit its findings to the joint technology committee and to the general assembly by January 1, 2018. The subcommittee is repealed, effective July 1, 2018. (Note: This summary applies to this bill as introduced.)

The bill allows hotels with a valid hotel and restaurant license to apply for a wine-expanded permit. The wine-expanded permit authorizes a hotel to sell bottles of wine in the restaurant for on- and off-premises consumption, subject to limitations. (Note: This summary applies to this bill as introduced.)

Under current law, when a law enforcement agency interviews a candidate for a peace officer position and that candidate previously worked for a state or local law enforcement agency or governmental agency, the candidate must execute a waiver that allows the previous employer to release the candidate's personnel file to the interviewing agency. The bill requires the candidate to also sign a waiver releasing his or her personnel file related to employment with a private entity to the interviewing agency. (Note: This summary applies to this bill as introduced.)