$30 million is transferred from the general fund to the state highway fund to provide additional funding for the department of transportation's revitalizing main streets and safer main streets programs.(Note: This summary applies to this bill as enacted.)
The act moves the COVID-19 relief program for minority-owned businesses from the minority business office to the Colorado office of economic development and expands the scope of the program to allow relief payments, grants, loans, and technical assistance and consulting support to small businesses disproportionately impacted by the COVID-19 pandemic.Additionally, the act extends the deadlines for allocating and distributing relief payments under the small business relief program.(Note: This summary applies to this bill as enacted.)
The bill provides funding as follows to support entities impacted by capacity restrictions imposed to address the COVID-19 pandemic: $37 million for direct relief payments to small businesses located in a county that is subject to, and in compliance with, severe capacity restrictions pursuant to a public health order, with payments allocated to the counties for distribution to eligible small businesses, which businesses include restaurants, bars, movie theaters, and fitness and recreational sports centers; $7.5 million for direct relief payments to eligible arts, culture, and entertainment artists, crew members, and organizations, with payments allocated by the creative industries division in the Colorado office of economic development; $6,775,000 $6,780,000 to the department of public health and environment to enable the department to contract with county or district boards of health to provide state funding in lieu of those local government agencies charging annual licensing fees to certain retail food establishments; $1.8 million $1,891,775 to the department of revenue to offset the department's waiver of certain liquor license fees; and $4 million for use by the minority business office in the Colorado office of economic development to provide direct relief payments, grants and loans, and technical assistance and consulting support to minority-owned businesses. (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.)
Sections 1 through 8 of the act raise the minimum age of a person to whom cigarettes, tobacco products, and nicotine products (products) may be sold from 18 years of age to 21 years of age. A products retailer must card anyone seeking to purchase products who appears to be under 50 years of age at the time of purchase. Section 1 repeals criminal penalties against a minor for purchasing or attempting to purchase a product. Section 7 prohibits a retailer from permitting a person under 18 years of age to sell or participate in the sale of products. Section 8 also: Increases the minimum number of compliance checks required of each retail location at which the products are sold to 2 per year or at least the minimum number annually required by federal regulation, whichever number is greater; and Requires the executive director of the department of revenue (executive director) to adopt rules concerning enforcement of the laws governing the regulation of products, including rules: Regarding enforcement coordination between the division of liquor enforcement (division) in the department of revenue and local licensing authorities and regarding enforcement against products smuggling; Regarding fees, which must not exceed $400 per year, unless the executive director determines that statewide compliance with products regulation has dropped below 90%, at which time the executive director may, by rule, raise the maximum fee to $600; and Authorizing a single, large-operator license fee for retailers with more than 10 retail locations, which fee is not subject to the general maximum fee amount. Section 9 requires every retailer of the products in the state, on and after July 1, 2021, to obtain a license for each retail location owned. The division is charged with licensing retailers and coordinating with local authorities on retail location compliance checks and investigations of complaints about retailers. Section 10 prohibits: New retail locations at which products are sold from being located within 500 feet of a school unless a local licensing authority has approved a license application for the new retail location; Retail locations that sell electronic smoking device products from advertising those products in a manner that is visible from outside the retail location; and Delivery of products, other than cigars and pipe tobacco, directly to consumers unless the delivery is made by an owner or employee of a licensed retailer who is at least 21 years of age and, at the time of delivery, checks the identification of the individual receiving the delivery to determine that the individual is 21 years of age or older. Section 11 authorizes the division to seek injunctive relief against a person who violates the act and impose fines on or suspend or revoke the state license of a retailer found to have violated the act. Section 12 adjusts the fine amounts for violating the prohibition against selling products to minors from a maximum fine of $1,000 to $15,000 for a fifth or subsequent violation within 24 months to a maximum fine of $1,000 to $15,000 for a fourth or subsequent violation within 24 months. Additionally, the division must prohibit a retailer who commits a second or subsequent violation within 24 months from selling products at the retail location where the violation occurred for a specified period of time, starting with at least 7 days for a second violation within 24 months, to at least 30 days for a third violation within 24 months, and finally for up to 3 years for a fourth or subsequent violation within 24 months. Additionally, section 12 establishes fines ranging from $1,000 for a first violation to $3,000 for a third or subsequent violation within 24 months for the following violations: Advertising electronic smoking device products at a retail location where they are sold in a manner that is visible from outside the retail location; Delivering products without complying with the delivery requirements; and Selling or offering to sell products without a valid state license. If a person sells or offers to sell products without a valid state license at least 3 times within 24 months, the person is not eligible to apply for a state license for 3 years thereafter. Further, section 12 also applies the same fine structure that applies to selling products from a vending machine or failing to display the requisite warning to a violation of the prohibition against allowing a person under 18 years of age to sell or participate in the sale of products. For the 2019-20 state fiscal year, the act appropriates $45,414 to the department of revenue from the liquor enforcement division and state licensing authority cash fund (cash fund) for implementation of the act. For the 2020-21 state fiscal year, the act appropriates: $2,391,262 to the department of revenue from the cash fund for implementation of the act; $98,605 to the department of law from reappropriated funds received from the department of revenue for legal services for the department of revenue; and $69,450 to the department of personnel from reappropriated funds received from the department of revenue for vehicle replacement lease or purchase.(Note: This summary applies to this bill as enacted.)
The act: Requires a carrier that provides coverage for opiate antagonists to reimburse a hospital if the hospital provides a covered person with an opiate antagonist upon discharge; Requires a pharmacist who dispenses a prescription for an opioid to notify the individual to whom the opioid is being dispensed about the availability of an opiate antagonist; Allows a pharmacist or pharmacy technician to sell a nonprescription syringe or needle to any person and exempts pharmacists and pharmacy technicians who sell nonprescription syringes or needles from the drug paraphernalia criminal statutes; Extends civil and criminal immunity for a person who acts in good faith to furnish or administer an opiate antagonist to an individual the person believes to be suffering an opiate-related drug overdose when the opiate antagonist was expired; and Allows a nonprofit organization to operate a clean syringe exchange program without local board of health approval and requires the nonprofit organization to annually report specified information to the department of public health and environment.(Note: This summary applies to this bill as enacted.)
Sections 1, 2, 3, and 4 of the act allow the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities (institutions) to make opioid agonists and opioid antagonists available to a person in custody with an opioid use disorder. The institutions are strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration or commitment. Qualified medication administration personnel may administer opioid agonists and opioid antagonists. The facilities may contract with community-based health providers for the administration of opioid agonists and opioid antagonists. Section 5 of the act allows a person to dispose of any controlled substances at a safe station, if safe station personnel are available, and request assistance in gaining access to treatment for a substance use disorder. A "safe station" is defined as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station. Safe station personnel shall provide the person with information about the behavioral health crisis response system. Sections 6 and 7 of the act require the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release, which includes post-release resources and a list of available substance use providers. County jails are required to provide medicaid reenrollment paperwork to a person when the person enters the county jail and file the paperwork with the county department of health and human services upon releasing the person from the county jail's custody. Section 8 of the act requires the executive director of the department of corrections, in consultation with the offices of behavioral health and economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers to develop resources for inmates post-release that provide information to help prepare inmates for release and reintegration into their communities. Section 9 of the act requires a court, when reviewing a petition to seal criminal records, to consider favorably, when applicable, the fact that the petitioner has entered into or successfully completed a licensed substance use disorder treatment program, in determining whether to issue the order. Sections 10, 11, and 12 of the act allow the office of behavioral health (OBH) in the department of human services (CDHS) to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. OBH may require diversion programs to participate as a mobile crisis service. CDHS shall include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART Act presentation. (Note: This summary applies to this bill as enacted.)
Section 1 of the act directs the department of public health and environment (department) to convene stakeholders to inform the department regarding a structure and governing guidance for a recycling market development center to support the development of end-market businesses within the state. Section 1 also directs the department to conduct a literature review of what industry and other states are doing around the country regarding producer responsibility and to create policy and legislative recommendations regarding the feasibility of requiring producers to design, manage, and finance programs for end-of-life management of their products and packaging as a condition of sale. Sections 3, 4, and 5 allow the pollution prevention advisory board (board) to use the recycling resources economic opportunity fund and the front range waste diversion cash fund to reimburse eligible recycling businesses for locally assessed personal property taxes paid in the current tax year in this state on personal property. Section 2 directs the board to establish a formula that it would use in awarding personal property tax reimbursements. Section 6 requires the department, as soon as practicable, to administer a statewide campaign to educate Colorado residents concerning recycling. The department shall ensure the campaign includes: Communications delivered via social media; Television and radio public service announcements; and The placement of written materials in public locations, such as community centers, recreation centers, and shopping centers. In administering the campaign, the department shall consult with municipal governments, county governments, and private agencies that operate recycling programs. The department may contract with one or more public or private entities for the preparation of materials to be used in the campaign. The requirement is repealed, effective September 1, 2021. Section 7 appropriates $985,283 from the recycling resources economic opportunity fund and 2.1 FTE to the department to implement the act. (Note: This summary applies to this bill as enacted.)
With regard to coverage under a health benefit plan for HIV infection prevention medications, the act: Prevents a health insurance carrier from requiring a covered person to undergo step therapy or to receive prior authorization before receiving HIV infection prevention drugs prescribed and dispensed by a pharmacist; and Requires carriers to reimburse a pharmacist employed at an in-network pharmacy for prescribing HIV infection prevention drugs to a covered person and to provide an adequate consultative fee to those pharmacists. Additionally, the act: Allows a pharmacist to prescribe and dispense HIV infection prevention drugs pursuant to a standing order or a statewide protocol if the pharmacist fulfills specific requirements; Directs the department of public health and environment to develop and implement a standing order for pharmacists to prescribe post-exposure HIV infection prevention drugs; Directs the state board of pharmacy, the Colorado medical board, and the state board of nursing, in collaboration with the department of public health and environment, to develop statewide drug therapy protocols for pharmacists to prescribe and dispense HIV infection prevention drugs and the state board of pharmacy to promulgate rules to implement the protocols; and Expands the definition of "practice of pharmacy" to include the prescribing and dispensing of HIV infection prevention drugs and the ordering of laboratory tests in conjunction with prescribing or dispensing the drugs. $13,347 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.)
The act specifies that: The license plates of a motor vehicle that is Class C personal property for purposes of the laws governing the levying of specific ownership tax and registration of vehicles expire upon the transfer of the owner's title or interest in the motor vehicle; If either the expired license plates are personalized license plates or the owner wishes to continue to use the same combination of letters or numbers on the owner's expired license plates that were not originally issued as personalized license plates, the owner retains the priority right to use the combination of letters or numbers displayed on the expired license plates to the extent provided for in current law and may, after surrendering the expired license plates to the department of revenue (department), apply for personalized license plates that use the combination in the manner specified in current law when registering another motor vehicle; and The department shall approve any application for personalized license plates received from an individual who wishes to retain the same combination of letters or numbers displayed on the individual's expired license plates and who has surrendered the expired plates to the department unless the department determines that the combination is misleading or duplicates another registration number or that, due to evolving social mores, the combination, despite having previously been issued, carries connotations offensive to good taste or decency; and Any resulting incremental costs of producing and distributing additional new license plates are excluded from the calculation of the amount necessary to recover the costs of license plate, decal, and validating tab production, and distribution that is used to annually establish the amount of the fee charged to cover those costs. Class C personal property includes passenger cars, noncommercial light trucks, and motorcycles. The act does not apply to the transfer or assignment of an owner's interest in Class C personal property that is a horseless carriage. The act appropriates $9,000 from the Colorado DRIVES vehicle services account in the highway users tax fund to the department for DRIVES maintenance and support needed to implement the act. (Note: This summary applies to this bill as enacted.)
The act authorizes a business (retailer) with one of the following types of alcohol beverage licenses to sell and deliver alcohol beverages to customers, including by the drink, for off-premises consumption and to allow customers to take alcohol beverages off the licensed premises: A manufacturer or wholesaler license, if the retailer operates a sales room; A beer and wine license; A hotel and restaurant license; A tavern license; A brew pub license; A club license; A vintner's restaurant license; A distillery pub license; A lodging and entertainment license; or A fermented malt beverage on- and off-premises retailer's license or on-premises retailer's license. To engage in the sale and delivery of alcohol beverages for off-premises consumption, a retailer must: Sell or deliver the alcohol beverages in a sealed container that complies with state licensing authority rules; Sell or deliver alcohol beverages only to a customer who is 21 years of age or older; If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, a brew pub, a vintner's restaurant, or a distillery pub, sell or deliver no more than 750 milliliters of vinous liquors and spirituous liquors and no more than 72 fluid ounces of malt liquors, fermented malt beverages, and hard cider; If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, derive no more than 50% of its gross annual revenues for sales of food and alcohol beverages from the sale of alcohol beverages through takeout orders and deliveries; If the governor has not declared a disaster emergency, obtain a state and, if applicable, local permit to sell takeout or deliver alcohol beverages; and Permit delivery only by an employee of the licensee who is 21 years of age or older and who has satisfactorily completed seller and server training under the responsible vendor program. The act directs the state licensing authority to adopt rules: Specifying the types of containers to be used for delivery of alcohol beverages; Creating a state permit for retailers to engage in takeout and delivery of alcohol beverages; Setting fees for takeout and delivery state permits; and Concerning any other matters necessary to implement the bill act. If a business demonstrates the ability to comply with the requirements of the act, the state licensing authority is required to issue a takeout and delivery permit to the retailer. The act authorizes local licensing authorities to create a local takeout and delivery permit and establish fees to process and approve applications. If a local licensing authority creates a local takeout and delivery permit, a retailer wishing to engage in takeout and delivery of alcohol beverages, other than a manufacturer or wholesaler that operates a sales room, must obtain the local takeout and delivery permit in addition to the state permit and must apply simultaneously to the state and local licensing authorities. The act does not apply to any other person licensed or permitted under the "Colorado Liquor Code" or the "Colorado Beer Code" or to a caterer that is licensed to sell alcohol beverages. The act repeals on July 1, 2021. (Note: This summary applies to this bill as enacted.)
