The act makes the following modifications to the "Colorado Governmental Immunity Act" (CGIA): Unless otherwise excepted under the CGIA, the act excludes from the definition of "public employee" under the CGIA any health care practitioner or any health care professional who is employed by the university of Colorado hospital authority (authority) unless the practitioner or professional is providing services within the course and scope of the person's responsibilities as an employee or volunteer of the authority in a facility that is either located on the Anschutz medical campus (AMC) or that is operating under the hospital license issued to the university hospital, including off-campus locations. The act specifies that the "Health Care Availability Act" (HCAA) is applicable to health care practitioners and health care professionals employed by the authority that are not immune from liability because of the definition of "public employee". The act also specifies that the basic immunity from liability granted to public entities by the CGIA does not apply to the authority except for any hospital, clinic, surgery center, department, or other facility it owns or operates that is located on the AMC or that is a facility operating under the hospital license issued to the university hospital, including off-campus locations. The HCAA is applicable to health care institutions that are not immune from liability under the CGIA.(Note: This summary applies to this bill as enacted.)
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The act requires the executive director of the department of revenue to collect a fee equal to $25 per truckload for every manufacturer of fuel products who manufactures such products for sale within Colorado or who ships such products from any point outside of Colorado to a distributor within Colorado and every distributor who ships such products from any point outside of Colorado to a point within Colorado. This fee is used primarily to: Fund the perfluoroalkyl and polyfluoroalkyl substances (PFAS) cash fund; Support the department of transportation in functions related to the administration of hazardous materials and safe and efficient freight movement and infrastructure in the state as well as infrastructure projects that enhance the safety of movement of freight and hazardous materials; and Support the Colorado state patrol in the regulation of hazardous materials on highways in the state. The executive director of the department of revenue stops collecting the fee for a fiscal year once he or she has collected $8 million of these fees for that fiscal year. The act creates the PFAS cash fund, which is used to fund the PFAS grant program, fund the PFAS takeback program, and provide technical assistance in locating and studying PFAS to communities, stakeholders, and regulatory boards or commissions. The act creates the PFAS grant program. The grant program provides funding for the sampling, assessment, and investigation of PFAS in ground or surface water; water system infrastructure used for the treatment of identified perfluoroalkyl and PFAS; and emergency assistance to communities and water systems affected by PFAS. The act creates the PFAS takeback program. The takeback program is used to purchase and dispose of eligible materials that contain PFAS. The act also requires the department of public health and environment to report to the general assembly annually on the use of the PFAS cash fund and the administration of the PFAS grant program and takeback program. The act also creates new civil penalties for owners or operators of storage tanks at gasoline dispensing facilities who violate requirements to maintain a vapor collection system and for owners and operators of gasoline dispensing facilities who violate requirements to maintain records. Lastly, the act requires stakeholders from gasoline dispensing facilities and gasoline transport truck companies to collaborate with the division of administration in the department of public health and environment in creating maintenance guidelines to assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations. For the 2020-21 state fiscal year, the act appropriates $39,769 to the department of revenue from the general fund. From this appropriation, the department of revenue may use $24,750 for tax administration IT system support, $12,600 for the taxation and compliance division for personal services, and $2,419 for the taxpayer service division for the fuel tracking system. For the 2020-21 state fiscal year, the act also appropriates $1,552,558 from the hazardous materials safety fund to the department of public safety for use by the Colorado state patrol for the hazardous materials safety program. (Note: This summary applies to this bill as enacted.)
Under existing law, the office of transportation safety within the office of the executive director of the department of transportation (department) receives funding from the law enforcement assistance fund (LEAF fund) to provide funding to local governments that have established a qualified drunk driving prevention and law enforcement program. The department receives funding from the first time drunk driving offender account in the highway users tax fund for high-visibility drunk driving enforcement. The bill requires the general assembly to annually appropriate $2 million to the department for allocation to local government programs that implement high-visibility drunk driving enforcement. The bill repeals department funding for high-visibility drunk driving enforcement from the first time drunk driving offender account and repeals office of transportation safety funding from the LEAF fund. (Note: This summary applies to this bill as introduced.)
The bill reauthorizes the Habitat for Humanity of Colorado fund (fund) income tax check-off for an additional 5 years . The fund first appeared on the list of voluntary contributions on the Colorado income tax forms for income tax year 2015. Under current law, it will come off of the form following income tax year 2019. The bill reauthorizes the fund to remain on the form for income tax years 2019 through 2024, and extends the repeal of the relevant statutes to January 1, 2026 so long as it meets the existing statutory requirement that a voluntary contribution fund must receive at least $50,000 in contributions each tax year. The part is repealed effective January 1 of the income tax year after the revisor of statutes receives notice that the fund will no longer appear on the form for failure to meet that threshold . (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
House Bill 19-1263, enacted in 2019, made changes relating to the offense level for possession of certain controlled substances and sentencing therefor and enacted the community substance use and mental health services grant program. The bill repeals provisions enacted by House Bill 19-1263, and reinstates provisions repealed by that act. The bill makes possession of 4 grams or less of a controlled substance listed in schedule I or II a level 4 drug felony, possession of more than 12 ounces of marijuana or more than 3 ounces of marijuana concentrate a level 4 drug felony, and possession of 3 ounces or less of marijuana concentrate a level 1 drug misdemeanor. The bill clarifies that a person may be arrested for the petty offense of possession of not more than 2 ounces of marijuana and that a person may not be sentenced to confinement in jail for a first offense of abusing toxic vapors. The bill prohibits a court from suspending a sentence to complete useful public service pursuant to the "Uniform Controlled Substances Act of 2013" (act) and requires a court to sentence a person to complete useful public service if the person receives diversion or a deferred sentence. Any person convicted of a drug offense must submit to the fingerprinting and photographing requirements of the act. The bill clarifies that persons convicted of level 1 or 2 drug misdemeanors related to unlawful use of a controlled substance, possession of marijuana or marijuana concentrate, unlawful use or possession of certain synthetic controlled substances, or abusing toxic vapors are subject to the same sentencing scheme as a person convicted of other level 1 or 2 drug misdemeanors. The bill repeals the community substance use and mental health services grant program established in the department of local affairs. (Note: This summary applies to this bill as introduced.)
The bill requires the parent or legal guardian (parent) of a student who has been diagnosed with a seizure disorder, including epilepsy, (student) to submit a signed seizure action plan (plan) to the school if the student may need assistance with seizure-related care in a school setting. The parent is required to provide updated information to the plan when necessary. K-12 public schools are required to, and private schools are encouraged to, provide annual seizure-related training to school personnel who have direct contact with or supervise students who have a seizure disorder. (Note: This summary applies to this bill as introduced.)
Preexisting law requires a driver who is overtaking an emergency vehicle, tow vehicle, or public utility vehicle that is parked on the side of the road to reduce and maintain a safe speed. The act makes it a presumption that the following speeds are safe unless the conditions require a lower speed: 25 miles per hour if the speed limit is less than 45 miles per hour; or At least 20 miles per hour less than the posted speed limit if the speed limit is 45 miles per hour or more. The act also requires the Colorado state patrol and the department of transportation to create a campaign raising public awareness of the requirement to move over or slow down and of the dangers to stationary emergency and service vehicles. (Note: This summary applies to this bill as enacted.)
Under current law, interior design work is exempted from the types of work regulated under the laws governing the practice of architecture. The act modifies the interior design exemption: To remove an inconsistency in the language of that exemption whereby one portion of the exemption requires that interior designers not be engaged in work that affects the life safety of building occupants and another portion of the exemption requires that interior designers engage in their work "with due concern for the life safety of the occupants of the building"; and To amend the language of the first portion of the exemption by limiting the restriction to alterations that are outside the content of interior design documents and specifications filed for the purpose of obtaining building permit approval and retains the language of the second portion of the exemption. Additionally, the act authorizes a city, city and county, or regional building authority to reject a building permit application filed by an interior designer only for a reason provided by law. The act also modifies the eligibility criteria for interior designers by removing references to educational requirements. The national certification requirement that is maintained in the statute itself includes educational requirements. Finally, the act modifies the description of "nonstructural or nonseismic" work that is within an interior designer's scope of practice. (Note: This summary applies to this bill as enacted.)