Colorado Commission on Uniform State Laws. Section 1 of the bill enacts the 'Revised Uniform Unclaimed Property Act' (act), as adopted by the National Conference of Commissioners on Uniform State Laws in 2016 with Colorado-specific amendments. The act responds to current transactions and practices, in particular electronic records, and seeks to promote uniformity among state laws regarding the disposition of unclaimed property. The act is subdivided into 15 parts, which are summarized as follows: Part 1 establishes general provisions for the act, including definitions for terms used in the act and authority for the administrator, who is the state treasurer, to make rules related to the act; Part 2 establishes standards to determine if property is abandoned. Under the act, property is presumed abandoned if it is unclaimed by its apparent owner after a specified period of time known as the dormancy period. Some of the dormancy periods in the act are shorter than current law. This part also includes a number of sections that are included in current law to exempt property from the act. Part 3 establishes priority rules for determining when the state may take custody of property that is presumed abandoned; Part 4 requires a holder of property presumed to be abandoned to provide a report to the administrator and to retain certain records; Part 5 establishes the notice that the administrator must provide to the apparent owner; Part 6 establishes how the administrator takes custody of property after it has been abandoned; Part 7 permits the administrator to sell property at a public sale after notice; Part 8 relates to the administration of property and keeps the requirement that the proceeds of property sold be deposited in the existing unclaimed property trust fund and the unclaimed property tourism promotion trust fund; Part 9 addresses claims to recover property from the administrator and includes existing provisions to allow offsets against the claim for child support; judicial restitution, fines, fees, or surcharges; and delinquent taxes and claims of the state; Part 10 permits the administrator to request a report from a person and to examine records to determine compliance with the act; Part 11 provides a holder with the right to appeal the administrator's determination concerning the holder's liability to deliver property or payment to the state; Part 12 establishes penalties for a holder that fails to comply with the act; Part 13 governs agreements between an apparent owner and a person commonly known as a 'finder' who locates and recovers abandoned property on behalf of the owner; Part 14 addresses the confidentiality and security of information related to the abandoned property; and Part 15 includes miscellaneous provisions relating to the uniformity of construction, electronic signatures, and transitional interpretation. Colorado-specific sections of the prior version of the act, known as the 'Unclaimed Property Act', are retained and indicated by their former statutory section numbers. Sections 2 through 21 make conforming amendments.(Note: This summary applies to this bill as introduced.) , Read More
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The bill makes technical modifications to the 'Fair Campaign Practices Act' (FCPA) to facilitate its administration. Specifically: Section 1 of the bill excludes from the definition of 'contribution' in the FCPA the payment of legal fees to advise a candidate on compliance with campaign finance law or regulations or to represent a candidate or candidate committee in any action in which the candidate or candidate committee has been named as a defendant. This section also excludes from the definition of 'expenditure' in the FCPA legal services paid to defend a candidate or candidate committee against any action brought to enforce the campaign finance provisions of the state constitution or the FCPA. Sections 2, 4, and 8 modify various existing statutory provisions to reflect distinctions among different types of committees or other entities. Section 4 also allows a disbursement that is not otherwise defined as an expenditure to be reported to the appropriate officer. Sections 3 and 4 eliminate unnecessary, overly burdensome, and potentially unconstitutional double reporting of certain campaign contributions. Sections 4 and 5 clean up and correct errors that resulted from campaign finance legislation adopted during the 2016 regular session. Section 5 also removes certain paper-filing provisions that are rendered obsolete by electronic filing. Further, section 5 permits the secretary of state to give notice of certain campaign finance reporting deficiencies by regular mail if an e-mail address is not known. Sections 6 and 7 clarify procedures to be followed in connection with a person's failure to file a candidate affidavit or disclosure statement and the investigation of campaign finance violations. Section 7 also allows the parties in a campaign finance enforcement action in which attorney fees and costs have been awarded to apply to the district court to convert an award of fees and costs into a district court judgment. Section 7 also allows the secretary of state to intervene in any action pending before the administrative courts or the court of appeals that is brought to enforce the campaign finance provisions of the state constitution or the FCPA. Section 9 allows the secretary of state discretion in deciding whether to forward to the state controller the collections of past-due debts resulting from campaign finance violations.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, all records of the Denver health and hospital authority (authority) are subject to the open records law. The bill specifies that certain reports, statements, agreements, bonds, guidelines, manuals, handbooks, and accounts of the authority are public records. The bill also specifies that the content of an electronic medical record system and individual medical records or medical information are not public records, and that certain writings and other records concerning the modification, initiation, or cessation of patient care and authority health care programs or initiatives are not public records under certain circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Committee on Legal Services. Current law directs the office of legislative legal services to study the organizational recodification of title 12 of the Colorado Revised Statutes, which relates to professions and occupations. One recommendation of the study is to relocate laws located in title 12 that are administered by the department of revenue to a new title 44, which will consist solely of laws administered by the department of revenue that regulate a variety of activities. To implement this recommendation, section 1 of the bill creates title 44, section 2 relocates laws related to the regulation of alcohol beverages from title 12 to the new title, and section 3 repeals the relocated laws from their current location. Sections 4 through 25 make conforming amendments. Section 26 appropriates $3,091 for the 2018-19 fiscal year from the liquor enforcement division and state licensing authority cash fund to the department of revenue for use by the liquor and tobacco enforcement division to implement the bill, allocated as follows: (a) $2,400 for personal services; and (b) $691 for operating expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill defines 'case management agency' and adds a case management agency to the definition of 'provider' that provides services and supports to persons with developmental disabilities. The bill requires providers and service agencies to operate pursuant to department of health care policy and financing rules. Under existing law, a person with a developmental disability cannot maintain a liability action against a provider unless the person claiming the injury has filed for dispute resolution by the department of human services or a community-centered board. The bill adds the department of health care policy and financing and case management agencies to the list of entities to which a person may file for dispute resolution. The bill identifies a person with a developmental disability who is served in a residential setting as a tenant of the provider and allows property rights to accrue for such a tenant. Under existing law, a provider that accepts a referral for community placement from the department of human services is not subject to liability for accepting the person for community placement. The bill removes liability when accepting a referral from the department of health care policy and financing. Except in emergencies, the bill requires person-centered planning to occur prior to removing a person with a developmental disability from a residential setting when the person may be at risk of abuse, neglect, mistreatment, exploitation, or other harm. In an emergency, such person-centered planning must occur as soon as possible following removal. The bill authorizes case management agencies to remove a person with a developmental disability from a residential setting and subjects those agencies to the same standards of liability as other entities authorized to remove such persons from residential settings. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Under current law, when a health care provider who is not under a contract with a health insurer, and is therefore an out-of-network provider, renders health care services to a person covered under a health benefit plan at a facility that is part of the provider network under the plan (in-network facility), the health insurer is required to cover the services of the out-of-network provider at the in-network benefit level and at no greater cost to the covered person than if the services were provided by an in-network provider. The bill specifies that the in-network benefit level also applies to emergency services provided to a covered person by an out-of-network provider or at an out-of-network facility. The bill also requires health care facilities, providers, and health insurers to provide disclosures to consumers about the potential effects of receiving nonemergency services from an out-of-network provider or emergency services at an out-of-network facility. The commissioner of insurance, the director of the division of professions and occupations, and the state board of health are directed to adopt rules detailing the disclosure requirements imposed on carriers, providers, and health facilities. Additionally, if a covered person receives nonemergency services provided by an out-of-network provider at an in-network facility or emergency services provided by an out-of-network provider or at an out-of-network facility and pays the out-of-network provider or facility an amount in excess of the required cost-sharing amount, the out-of-network provider or facility must refund the overpayment and must pay interest on the overpayment if the provider or facility fails to timely refund the overpayment. (Note: This summary applies to this bill as introduced.) , Read More
At the first appearance of a defendant in court or upon arraignment, and before accepting a plea of guilty or nolo contendere, the court shall ascertain whether the defendant is currently serving in the United States armed forces or is a veteran of such forces. The court shall inform any such defendant that he or she may be entitled to receive mental health treatment, substance use disorder treatment, or other services as a veteran. Under current law, the chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. The bill states that, in establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria. The bill requires a court, in determining whether to issue an order to seal criminal records of a petitioner who has successfully completed a veterans treatment program, to consider such factor favorably in making the determination. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill enacts the 'Psychology Interjurisdictional Compact Act' allowing psychologists licensed in any compact state to provide: Telepsychology services to clients in any other compact state; or Temporary in-person client services in any compact state not exceeding 30 days in a calendar year. The bill authorizes the state board of psychologist examiners to promulgate rules and to facilitate Colorado's participation in the compact including notifying the compact commission of any adverse action taken by the board against a Colorado licensed psychologist. The bill appropriates $151,332 from the division of professions and occupations cash fund to the department of regulatory agencies for the division of professions and occupations to implement the bill. The bill reappropriates $15,984 to the department of law for legal services to the department of regulatory agencies and $80,000 to the office of the governor for use by the office of information technology. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill adds to the responsibilities of the Colorado racing commission the protection of all participants, human and animal, involved in horse racing. The commission shall promulgate rules to ensure fair play, human and animal safety, and integrity in the sport of horse racing. The commission shall designate categories of licensees subject to for-cause testing or random testing to detect the presence of prohibited substances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill prohibits a public employer from entering into an employment bargain with a public employee or union to compensate a public employee or a third party for union activities or to pay the expenses of an employee or third party's participation in union activities. The prohibition applies to any employment bargain that is currently in existence or that is entered into in the future and that includes compensation to public employees or third parties for union activities or that includes payment of expenses for union activities. The bill specifies that a home rule municipality is not a public employer for purposes of the bill. The bill requires the attorney general to enforce the prohibition of an employment bargain that compensates a public employee for union activities or pays the costs of participation in union activities. Any taxpayer of the jurisdiction in which a violation of the prohibition occurs has standing in any court to bring a special action against a public employer that violates the prohibition. The bill specifies that the regulation of employment bargains is a matter of statewide concern and is not subject to further inconsistent regulation by any public employer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More