Industrial hemp - alignment with federal law - state plan of regulation. In 2018, the federal government enacted the "Agricultural Improvement Act of 2018" (federal act), which removed hemp from schedule I of the federal "Controlled Substances Act". The federal act requires the United States department of agriculture (USDA) to develop a plan for the regulation of hemp and authorizes each state to seek approval from the USDA to have primary regulatory authority over hemp production within the state by preparing and submitting a state plan of regulation to the secretary of the USDA. The act updates the laws governing Colorado's industrial hemp regulatory program to align with the federal act and to put the department of agriculture in a position to prepare and submit a state plan to the secretary of the USDA. (Note: This summary applies to this bill as enacted.) Read More
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Industrial hemp - regulation of industrial hemp products - increased wholesale food manufacturer fee - stakeholder process - local regulation. Section 1 of the act sets the annual registration fee that a wholesale food manufacturer that produces an industrial hemp product is required to pay to the department of public health and environment at $300, regardless of the manufacturer's gross annual sales. Section 1 also authorizes the department to convene a stakeholder work group to study the regulation of industrial hemp products. Sections 2 and 3 authorize local governments to charge a local licensing fee and adopt ordinances or resolutions regulating businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp or industrial hemp products if the ordinances or resolutions do not conflict with state law. (Note: This summary applies to this bill as enacted.) Read More
Voter registration - transfer of records from department of revenue - transfer of records from department of health care policy and financing - voter registration agency reports - verification of signatures - appropriation. Beginning July 1, 2020, the department of revenue is required to transfer to the secretary of state (secretary) the electronic record of each unregistered elector or person eligible to preregister who applies for the issuance, renewal, or correction of a Colorado driver's license or identification card and who provides documentation of citizenship. The elector's county clerk reviews the record for completeness and sends the elector a notice advising that the elector has been registered to vote. The elector can return the notice to either decline to be registered or affiliate with a party. If the elector does not decline to be registered within 20 days after the notice is mailed and the form is not returned as undeliverable, the elector is registered to vote. The department of health care policy and financing is also required to begin transferring to the secretary the electronic records of electors who apply for medicaid, subject to compliance with all federal laws and regulations. The elector's county clerk reviews the record for completeness and sends the elector a notice advising that the elector has been registered to vote. The elector can return the notice to decline to be registered, affiliate with a party, or provide a signature if necessary for their record. If the elector does not decline to be registered within 20 days after the notice is mailed and the form is not returned as undeliverable, the elector is registered to vote. Agencies that oversee offices designated as voter registration agencies are required to begin reporting information to the secretary related to the number of people who apply for benefits or programs, the number of voter registration choice forms the offices collect, and the number of people who receive voter registration forms. The office of information technology is required to assess and report to the secretary which voter registration agencies collect sufficient information for voter registration purposes. When the office of information technology and the secretary determine that an agency collects sufficient information, the agency is required to begin transferring records to the secretary for voter registration purposes. Unless a person who knows they are ineligible to vote intentionally takes voluntary action to become registered, the transfer of the person's record by a voter registration agency does not constitute completion of a voter registration form by that person. Beginning July 1, 2020, the act creates a process for electors who are registered through a voter registration agency to provide a signature for verification if they return a ballot in an election but a copy of their signature is not found in the statewide voter registration system. For the implementation of the act, $67,840 is appropriated to the department of state, $136,240 is appropriated to the office of the governor for use by the office of information technology, $18,000 is appropriated to the department of revenue for use by the division of motor vehicles, and $90,287 is appropriated to the department of human services. It is anticipated that the department of human services will receive an additional $45,413 in federal funds for the office of information technology services to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Regulated marijuana - reorganization - sunset - appropriation. The act makes changes to the retail and medical marijuana codes and continues those codes until 2028 with a sunset review prior to 2028. The act defines the terms, "advertising", "branding", and "consumer education materials". The act requires industrial hemp that is used in medical marijuana-infused products or retail marijuana products to be tested prior to manufacturing the product. The act allows retail marijuana stores to sell industrial hemp consumables. The act creates limits on the amount of medical marijuana flower, medical marijuana concentrate, and medical marijuana products that a medical marijuana store can sell to an individual in one day. For flower, the limit is 2 ounces; for concentrate, the limit is 20 grams; and for products, the limit is 20,000 milligrams. The act allows a physician to provide an exemption to the limits. Under current law, there is an exception to the "Colorado Food and Drug Act" for medical marijuana but not one for retail marijuana. The act repeals the exception for medical marijuana. The act streamlines the statutes related to license renewal by: Eliminating statutory timelines for local licensing and allowing local ordinance to determine the application timelines; Allowing a licensee that has submitted a timely renewal application to operate until the application is acted upon; and Repealing statutes related to the order in which state and local licenses must be processed. Under current law, there are 2 separate licenses related to research: A research and development license and the research and development cultivation license. The act merges the 2 licenses into one. The act gives the state licensing authorities the ability to seek injunctive relief and investigatory subpoenas from district courts related to nonlicensed entities. Under current law, there is a broad grant of confidentiality to records and information related to licensees. The act provides similar protections to applicants, patients, and customers. The act also makes the following information that was confidential available to the public: Final agency actions, testing records on an aggregated and de-identified basis, applicant and licensee demographic information on an aggregated and de-identified basis, and enforcement forms and compliance checklists. In both the medical marijuana code and the retail marijuana code, there are unlawful acts sections that create criminal violations, but the provisions in the 2 codes are not the same. The act makes the unlawful acts consistent. The act makes it an unlawful act to engage in a regulated marijuana business without the proper license and to adulterate or alter samples of marijuana or marijuana products to circumvent testing requirements. Under current law, a person is prohibited from being licensed if the person discharged a sentence for a felony within 5 years of applying for licensure or discharged a drug felony conviction within 10 years of applying for licensure. The act changes the law so a person is prohibited from licensure if the person was convicted of a felony within 3 years of applying for licensure or is currently serving a sentence for a felony or a deferred judgment or sentence. The act creates the following new categories of ownership: Controlling beneficial owner, passive beneficial owner, and indirect financial interest holder. Under current law, a patient who has submitted an application to be on the registry but has not received a patient card must present a copy of the application and a certified mail return receipt when purchasing medical marijuana at a center. The act repeals the requirement for a certified mail return receipt and requires proof of application. The act directs the state licensing authorities to track information on license disqualifications based on criminal history. Under current law, all medical marijuana sold at a medical marijuana center must be labeled with a list of chemical additives. Under current law, a medical marijuana-infused products manufacturer may only use medical marijuana from 5 different sources to produce a medical marijuana product. The act repeals these requirements. The act requires the state licensing authority to adopt rules that prevent redundant testing of medical marijuana concentrate for residual solvent when all of the inputs of the concentrate have passed the residual solvent testing. The act creates 2 new retail marijuana license types: Accelerator cultivators and accelerator manufacturers. The accelerator licenses allow a cultivator and manufacturer to operate respectively on the premises of a licensed retail marijuana cultivation facility or retail marijuana products manufacturer. The accelerator licensee can receive technical, compliance, and capital assistance from the host-licensed retail marijuana business. A licensed business that hosts an accelerator licensee may be eligible for reduced licensing fees. Applications for the licenses may be filed beginning on July 1, 2020. The act clarifies that a marijuana business licensee may hold a gaming license. The act requires that each medical marijuana and retail marijuana store post a warning sign related to the use of marijuana while pregnant or breastfeeding. The act allows a medical marijuana or retail marijuana cultivation facility that has approval to change locations from the state licensing authority to operate one license at 2 different locations while transitioning from the old location to the new location. The act allows marijuana licensees to transfer electronic marijuana waste to a person for the purposes of recycling or reuse. The act allows retail marijuana stores, retail cultivation facilities, and retail marijuana products manufacturers to provide performance-based incentives to employees including sales-based, performance-based incentives to employees. The act prohibits the open and public consumption of marijuana and allows local jurisdictions to make exceptions to the prohibition if the locations are not accessible to the public or a substantial number of the public without restriction. The prohibition does not apply to a licensed business that permits consumption on its premises if the business is operating with the conditions of its license. The act states that marijuana business employees are not agricultural workers unless they are farm laborers. The act also states that, if it is determined that marijuana business are not covered by the national "Labor Relations Act", then employees of marijuana businesses are covered by the Colorado "Labor Peace Act". The act allows regulated marijuana businesses to recycle marijuana consumer waste. The state licensing authority must treat a metered-dose inhaler the same as a vaporized delivery device for purposes of regulation and testing. Under federal law, there may be negative immigration consequences for a person legally in the United States who works in the regulated marijuana industry. Prior to accepting an application for a license, registration, or permit, the state licensing authority shall inform the applicant that having a medical marijuana or retail marijuana license and working in the medical marijuana or retail marijuana industry may have adverse federal immigration consequences. The act allows a medical marijuana or retail marijuana cultivation facility to obtain medical marijuana seeds or immature plants from its own medical marijuana, commonly owned from the retail marijuana of an identical direct beneficial owner, or marijuana that is properly transferred from another medical marijuana business pursuant to the inventory tracking requirements imposed by rule. Regulated marijuana employees can be compensated by performance-based incentives, including sales-based, performance-based incentives. The act makes technical changes and repeals obsolete provisions. The act combines the laws for regulated medical marijuana and retail marijuana, which are currently separate articles in title 44, into one article in title 44. The act incorporates the provisions of HB 19-1090, publicly traded regulated marijuana businesses, and HB 19-1234, regulated marijuana delivery, into the new consolidated article. The act takes effect on January 1, 2020. For the 2019-20 state fiscal year, $396,604 is appropriated from the marijuana cash fund to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More
Lieutenant governor - office of saving people money on health care - director. Under current law, the lieutenant governor is authorized to concurrently serve as the head of a principal department while serving as the lieutenant governor. The act expands this to allow the lieutenant governor to alternatively serve as the director of the office of saving people money on health care within the office of the governor. The act further specifies the salary to be paid for working concurrently in this position.(Note: This summary applies to this bill as enacted.) Read More
Individuals serving a sentence of parole - eligibility to register and vote - meaning of full term of imprisonment - appropriation. Existing law prohibits a person serving a sentence of parole from being eligible to register to vote or to vote in any election. The act declares that the purposes of parole are served by restoring the vote to persons serving a sentence of parole. The act clarifies that, for purposes of the "Uniform Election Code" and for applying state constitutional provisions governing disenfranchisement during imprisonment, persons sentenced to parole have completed their "full term of imprisonment" as that term appears in the state constitution. Accordingly, the act makes an individual serving a sentence of parole eligible to register to vote and to vote in any election. The division of adult parole is required to provide an individual sentenced to parole information regarding the individual's voting rights, how the individual may register to vote and cast a ballot, and how the individual may obtain voter information materials. The act repeals existing statutory provisions permitting a person on parole to preregister to vote so that the person is automatically registered to vote after being released from parole. For the 2019-20 state fiscal year, the act appropriates $16,960 to the department of state for use by the information technology division. (Note: This summary applies to this bill as enacted.) Read More
Mobile Home Park Act - enforcement powers of local governments - added protections for mobile home owners - dispute resolution and enforcement program - powers of division of housing. The act provides protections for mobile home owners by: Granting counties and municipalities the power to enact certain ordinances for mobile home parks; Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or lease in a mobile home park; and Extending the time a mobile home owner has to vacate a mobile home park after a court enters an eviction order. The act also creates the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The program authorizes the division of housing in the department of local affairs to: Register mobile home parks; Collect a registration fee from mobile home parks; Collect and annually report upon data related to disputes and violations of the "Mobile Home Park Act"; Produce and distribute educational materials concerning the Mobile Home Park Act and the program; Create and maintain a database of mobile home parks; Create and maintain a database to manage the program; and Take complaints, conduct investigations, make determinations, impose penalties, and participate in administrative dispute resolutions when there are alleged violations of the Mobile Home Park Act. For the 2019-20 state fiscal year, $22,073 is appropriated from cash funds received by the department of local affairs to the department of law and $130,065 is appropriated from cash funds received by the department of local affairs to the office of the governor for use by the office of information technology. (Note: This summary applies to this bill as enacted.) Read More
Psychotherapy services - treatment of a minor without parental consent - mental health education resource bank - appropriation. The act allows a minor 12 years of age or older to seek and obtain psychotherapy services with or without the consent of the minor's parent or guardian if the mental health professional determines the minor is knowingly and voluntarily seeking the psychotherapy services and the psychotherapy services are clinically necessary. A mental health professional providing psychotherapy services to a minor may, with the consent of the minor, advise the minor's parent or legal guardian of the psychotherapy services provided, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment. However, the mental health professional is permitted to notify the minor's parent or legal guardian without the minor's consent if, in the opinion of the mental health professional, the minor is unable to manage his or her care or treatment. The mental health professional is required to engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and document any attempt to contact the minor's parent or legal guardian. If a minor communicates a clear and imminent threat to commit suicide, the mental health professional is required to notify the minor's parent or legal guardian of the minor's suicidal ideation. The act requires the department of education, in consultation with the office of suicide prevention, the youth advisory council, and the suicide prevention commission, to create and maintain a mental health education literacy resource bank. The resource bank is available to the public free of charge. The act also requires the state board of education to adopt standards related to mental health, including suicide prevention. The act appropriates $116,550 from the general fund to the department of education for the mental health education resource bank and technical assistance. Specifies that certain provisions take effect only if House Bill 19-1172 becomes law. (Note: This summary applies to this bill as enacted.) Read More
Student loan servicers - license requirement - regulation by assistant attorney general - appropriation. The act requires an entity that services a student education loan owned by a Colorado resident to be licensed by the administrator of the "Uniform Consumer Credit Code". "Servicing" means receiving a scheduled periodic payment from a student loan borrower, applying the payments of principal and interest with respect to the amounts received from a student loan borrower, and similar administrative services. The act specifies particular acts that are required of or prohibited by student loan servicers and the administrator's powers and duties. Violation of the licensing law is a deceptive trade practice. The act also creates a student loan ombudsperson to provide timely assistance to student loan borrowers. $115,273 is appropriated to the department of law from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
The bill creates the college kickstarter account program (kickstarter program) to provide initial funding (kickstarter funding) for a collegeinvest (authority) college savings account (account) for each child born or adopted in Colorado on or after January 1, 2020, but before January 1, 2040, (eligible child), encourage the parent or parents of each eligible child to claim the kickstarter funding by establishing an account, and, if sufficient funding from gifts, grants, and donations is received, provide a free financial literacy education program for eligible children and their parent or parents and other family members. The authority is required to implement and administer the kickstarter program; except that the state treasurer is required to develop and administer the program component of free financial literacy education. The authority may adopt rules that it deems necessary for the implementation and administration of the kickstarter program. The authority is required to establish and fund a kickstarter program master account (master account) and to provide sufficient annual funding for the master account from money that is otherwise available for its scholarship and matching grant programs to be able to transfer a specified amount of kickstarter funding in the master account to the account of each eligible child. The authority must engage in a robust outreach and marketing program to encourage the parent or parents of each eligible child to claim the eligible child's kickstarter funding by opening an account for the eligible child within 5 years of the eligible child's birth or adoption and must transfer all kickstarter funding claimed from the master account to the eligible child's account. Kickstarter funding is not counted as income or resources of the eligible child or the parent or parents of the eligible child for purposes of determining eligibility or benefit amounts for any state-funded program. The authority must conduct an ongoing summative evaluation to collect summative data to evaluate the kickstarter program's effectiveness over time and must prepare, present to its legislative oversight committees, and conspicuously post on its website an annual written report on the results of the ongoing summative evaluation. The college kickstarter account program fund is created to hold any gifts, grants, and donations obtained, and the authority and the state treasurer may spend money from the fund for the purposes of the kickstarter program. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More