Sen. Bob Gardner

The bill extends the repeal date of existing laws that limit the amount of permit, plan review, or other fees that counties, municipalities, or the state may charge for installing solar energy devices or systems. The bill also clarifies that the statutory limitations on the amount of fees applies to any related or associated fees, not just to permit or plan review fees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill encourages each sheriff's office and each municipal police department to adopt a policy whereby mental health professionals, to the extent practicable, provide: On-scene response services to support officers' handling of persons with mental health disorders; and Counseling services to officers. The bill creates the peace officers mental health support grant program (grant program) in the department of local affairs (department) to provide grants of money to county sheriffs' offices and municipal police departments to help them engage mental health professionals. Each sheriff's office and each municipal police department is encouraged to apply annually for a grant from the grant program. The bill creates the peace officers mental health support fund (fund), which consists of gifts, grants, and donations and any other money that the general assembly may appropriate or transfer to the fund. The executive director of the department, or his or her designee, may expend money from the fund for the purposes of the grant program. The grant program repeals September 1, 2027. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law forbids uninsured and underinsured medical coverage to take a setoff when medical insurance pays a part of the damages caused by a crash. The bill clarifies that this does not require the insurers to pay more than the actual damages caused by the crash. An insurer is authorized to prohibit stacking the limits of more than one uninsured motorist coverage policy if the provisions are included in a single policy covering multiple vehicles or in multiple policies issued by one insurer or by insurers under common ownership or management. But this provision must not prohibit stacking of the uninsured or underinsured policies issued to an insured by different companies or to an unrelated person. The maximum liability under the uninsured motorist coverage is the lesser of the policy limits and amounts paid by a legally liable person or the amount of damages sustained but not recovered. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill modifies the collateral-source rule, which generally states that in a civil action for damages the jury should not be told about insurance coverage or other sources from which the plaintiff has received or may receive compensation (collateral sources). The bill allows evidence of collateral sources unless the plaintiff agrees to have the jury's award reduced by the lesser of: The amount paid or available to the plaintiff from collateral sources; or The amount of premiums or other contributions the plaintiff paid to those collateral sources. The bill establishes the procedure for determining these amounts and the conditions under which the plaintiff may elect to invoke the collateral-source rule. The bill retains the original collateral-source rule, without the changes specified above, if the defendant has been convicted of a second or subsequent alcohol-related driving offense that resulted in injury. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Colorado Commission on Uniform State Laws. Colorado has adopted the 'Uniform Unsworn Foreign Declarations Act', which allows the use of foreign unsworn declarations.. The bill expands the uniform law to include domestic unsworn declarations as contemplated by the 'Uniform Unsworn Declarations Act' and clarifies that the act applies only to the use of unsworn declarations in state courts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law exempts amateur beer brewers and winemakers from licensing. Current law also authorizes amateur beer brewers to enter their brews in organized events, such as contests, tastings, or judgings at licensed premises. The bill expands this authorization for events to winemakers who qualify for the amateur exemption. The wine portions are limited to 6 ounces and cannot be sold to the general public. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

House Bill 16-1309 requires a judge to inform a defendant of certain rights at the defendant's first appearance in prosecutions in municipal courts. The bill excludes cases involving traffic infractions or violations for which the penalty is only a fine and for which jail is not a possibility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. The bill allows an employer, whether filing as an individual or a corporation, to claim a deduction for any amount that the employer contributes to an employee's college trust account or savings account that is administered by collegeinvest. This deduction may be claimed even if the contribution has already been deducted from the employer's federal taxable income. (Note: This summary applies to this bill as introduced.)

The bill establishes that a residential storage condominium unit is a residential improvement. This allows the unit to be assessed as residential real property, which currently has an assessment ratio of 7.96%, instead of as nonresidential property, which has an assessment ratio of 29%. A residential storage condominium unit is defined to mean a building that is: A unit under the 'Colorado Common Interest Ownership Act'; Used by its owner to store items from or related to the owner's Colorado residence; and Not used for storage related to a business. For a property to qualify as a residential storage condominium unit, the owner of the building unit must submit an affidavit of intended use. The property tax administrator is required to establish the form of the affidavit and to prepare and publish standards for assessors to determine whether a property qualifies as a residential storage condominium unit. The bill establishes penalties for a person that knowingly provides false information on the affidavit. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, when a health care provider who is not under a contract with a health insurer (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 outlines the method for a health insurer to use in determining the amount it must pay an out-of-network provider that rendered covered services to a covered person at an in-network facility and requires the health insurer to pay the out-of-network provider directly. The bill also establishes an independent dispute resolution process by which an out-of-network provider may obtain review of a payment from a health insurer. Additionally, the bill requires an in-network facility where a covered person will receive a health care procedure or treatment, the health insurer, and an out-of-network provider who provides health care services to a covered person at an in-network facility to provide specified disclosures to the covered person, explaining that: An out-of-network provider may provide health care services to the covered person as part of the procedure or treatment provided at the in-network facility; If the covered person's plan is governed by state law, the services rendered by an out-of-network provider are covered under the plan at the in-network benefit level; The out-of-network provider will submit a bill to the covered person's health insurer, and if the covered person receives a bill from the out-of-network provider, he or she should contact the health insurer's customer service to resolve the bill; and The covered person is only responsible for paying the applicable in-network cost-sharing amount, and the carrier is responsible for paying any remaining balance owed the out-of-network provider. A health insurer that fails to reimburse out-of-network providers as required by the bill and under current law or fails to provide the required notice to the covered person engages in an unfair or deceptive act or practice in the business of insurance and is subject to monetary penalties and other penalties authorized by law. (Note: This summary applies to this bill as introduced.)