Sen. Jim Smallwood

Prior to adopting rules under the "State Administrative Procedure Act" (APA), a state agency (agency) is required to prepare a regulatory flexibility analysis in which the agency considers using regulatory methods that will accomplish the objectives of applicable statutes while minimizing the adverse impact on small businesses. For purposes of the regulatory flexibility analysis, the bill defines "small business" as a business that is independently owned and operated and employs 100 or fewer employees. When preparing the regulatory flexibility analysis, an agency is required to consider methods to reduce the impact on small businesses, including the following: Establishing less stringent compliance or reporting requirements; Establishing less stringent schedules or deadlines for compliance or reporting requirements; Consolidating or simplifying compliance or reporting requirements; Establishing different performance standards; and Exempting small businesses from compliance requirements. The agency is also required to: Determine the necessity for the proposed rules; Identify the fiscal impact of the rules; Identify and analyze the least costly alternatives to the rules and adopt the least costly alternatives unless the agency provides written justification for adopting a more costly regulatory approach; and Analyze whether small businesses should be exempted from the rules or whether less burdensome rules should be applied to small businesses and adopt exemptions or less burdensome rules, unless the agency provides written justification for a more burdensome regulatory approach. The agency is required to file the regulatory flexibility analysis with the secretary of state for publication in the Colorado register at the same time that it files its notice of proposed rule-making and the draft of proposed rules. The existing provision in the APA on forming a representative group to give input on proposed rules is amended to require an agency proposing rules that are likely to have an impact on small businesses to expand outreach to and actively solicit representatives of small businesses to participate in the representative group and in the rule-making hearing for the rules. The agency must make good faith efforts to expand outreach and notification to small businesses that lack a trade association or lobbyist to represent the types of small businesses impacted by the proposed rules. The executive director of the department of regulatory agencies (executive director), or the executive director's designee, shall develop a one-stop location on the department's website that provides a place for small businesses and the public to access the regulatory flexibility analyses that agencies prepare. A small business that is adversely affected or aggrieved by the failure of an agency to comply with the regulatory flexibility analysis requirements may: File a request with the executive director to require the agency to prepare a cost-benefit analysis of the proposed rules and to direct the agency to adjust the rule-making schedule to allow for the preparation of the cost-benefit analysis; or Request a hearing on the matter before an administrative law judge.(Note: This summary applies to this bill as introduced.) Read More

Current law allows contributions to a qualified state tuition program, also known as a 529 account, so long as the distributions are used for qualified higher education expenses, with some exceptions, but not for elementary and secondary tuition expenses. The federal "Tax Cuts and Jobs Act", which became law in December 2017, added distributions for tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school as qualified distributions thereby allowing, on the federal level, income tax-free distributions for certain elementary and secondary education expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill makes similar changes to Colorado law to allow a deduction for contributions to qualified state tuition programs for tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school and designating such expenses as qualified distributions, which ensures that a taxpayer does not encounter tax recapture of any claimed deductions when such contributions are distributed for tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school. (Note: This summary applies to this bill as introduced.) Read More

The bill prohibits an employer from requiring union membership or payment of union dues as a condition of employment. The bill creates civil and criminal penalties for employer violations regarding union membership and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices.(Note: This summary applies to this bill as introduced.) Read More

Section 1 of the bill: Generally requires a county or municipality that levies excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility (retail marijuana excise tax) to levy the tax at a rate of up to 5% of the average market rate (the only basis for calculation allowed under current law) of the unprocessed retail marijuana if the transaction is between affiliated retail marijuana business licensees and at a rate of up to 5% of the contract price of the unprocessed retail marijuana if the transaction is between unaffiliated retail marijuana business licensees; As a temporary exception to the new general requirement that retail marijuana excise tax on transactions between unaffiliated marijuana business licensees be calculated based on the contract price of the unprocessed retail marijuana, allows a county or municipality which, before November 1, 2018, obtained voter approval to levy only an excise tax calculated based on the average market rate of the unprocessed retail marijuana and thereafter could not obtain voter approval for an amendment to allow the excise tax to be calculated based on the contract price for the unprocessed retail marijuana to continue to collect retail marijuana excise tax on such transactions based on an average market rate calculation until December 31, 2020; and Clarifies that if a retail marijuana cultivation facility uses a retail marijuana transporter, as defined in current law, to transport unprocessed retail marijuana being sold or transferred by the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility, the transportation of the unprocessed retail marijuana by the retail marijuana transporter is not a transfer of unprocessed retail marijuana for the purpose of levying a county or municipal retail marijuana excise tax. Section 2 clarifies that a metropolitan district may levy only its general uniform sales tax on retail sales of marijuana and may not levy a special marijuana sales tax. Section 3 requires state retail marijuana excise tax to be calculated as 15% of the contract price when the first transfer of retail marijuana that has been harvested for sale at a retail marijuana store or extraction by a retail marijuana product manufacturing facility is between unaffiliated retail marijuana cultivation facilities. Section 4 appropriates $15,480 to the department of revenue for tax administration IT system (GenTax) support.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill directs the Colorado commission on criminal and juvenile justice to study the issue of institutional child abuse for children and youth in facilities operated by the department of human services. On or before July 1, 2019, the commission shall provide a report with its findings and recommendations to the general assembly. The bill adds language to the definition of 'institutional abuse' in the Colorado Children's Code to clarify that it includes an act or omission that threatens the life, health, or welfare of a person younger than 21 years of age who is under the continuing jurisdiction of the court. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill amends, repeals, and relocates provisions of part 4 of article 5 of title 25.5, Colorado Revised Statutes, relating to managed care provisions under the medical assistance program to align with the federal 'Medicaid and CHIP Managed Care Final Rule of 2016', and to reflect the implementation of the accountable care collaborative as the statewide managed care system. The bill: Updates the definition of the statewide managed care system and makes conforming amendments throughout the statutes; Integrates medicaid community mental health services into the statewide managed care system; Includes capitated rates specifically for community mental health services; Establishes the medical home model of care for the statewide managed care system; Relocates provisions relating to graduate medical education; Clarifies that the statewide managed care system is authorized to provide services under a single managed care entity (MCE) or a combination of MCE types, including primary care case management entities authorized under federal law; Removes duplicate provisions relating to the medicaid reform and innovation pilot program; Relocates provisions relating to the requirement that MCEs certify capitation payments as sufficient; Removes outdated language referencing behavioral health organizations; Updates the definitions for 'managed care' and 'managed care entities' and adds definitions for 'medical home' and 'primary care case management entities'; Aligns provisions in statutes relating to the features of MCEs with new and existing federal managed care regulations that require: Criteria for accepting enrollees and protecting enrollees from discrimination; Provisions relating to network adequacy standards; Revised communication standards; Updated provisions relating to grievances and appeals; Participation in a comprehensive quality assessment and performance improvement program; and Administration of a program integrity system; Removes certain provisions from statute relating to prescription drug contracting practices that were relevant to a competitive managed care organization model or that duplicated provisions established in rule; Removes references to the obsolete primary care physician program; Increases the timeline for the rate setting process for capitation rates to meet new federal review requirements; Repeals statutory sections that contain provisions that are relocated or revised and included in other statutory sections in the bill, and repeals statutory sections that include obsolete programs or policies; and Updates statutory references to reflect the relocated, revised, or repealed provisions.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

The bill creates a remuneration-exempt identifying placard that exempts an individual with a disability from paying for parking if the disability limits the individual's: Fine motor control in both hands; Ability to reach a height of 48 inches from the ground due to lack of finger, hand, or upper extremity strength or mobility; or Ability to reach or access a parking meter due to the use of a wheelchair or other ambulatory device. The bill repeals existing authority for a person with a disability to park without paying. The bill appropriates $9,870 to the department of revenue from the general fund for use by the division of motor vehicles to order license plates to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the department of higher education (department) to prepare an annual return on investment report of undergraduate degree programs and certificate programs offered at each institution of higher education, as defined in the bill. The bill specifies the information and analysis that must be included in the return on investment report, which includes, in part, the average student loan debt for students in the undergraduate degree program or certificate program, and the average time to completion for students in the degree program or certificate program. The department shall submit the annual return on investment report to the education committees of the general assembly and shall post the report on the department's website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law requires employees of the department of human services and independent contractors with the department of human services (employees) who have or will have direct contact with vulnerable persons to undergo a fingerprint-based criminal history record check (background check) in order to work in a facility operated by or licensed by the department of human services. Current law also requires employees or operators of licensed child care facilities or child placement agencies to undergo a background check. Employees or operators of licensed child care facilities that are under contract with the department of human services must obtain 2 separate background checks, one pursuant to title 26, Colorado Revised Statutes, and one pursuant to title 27, Colorado Revised Statutes. The bill adds language to statute that allows for a single background check for such employees who have or will have direct contact with vulnerable persons, reducing redundancy for such employees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill creates a voluntary option for interested custodial parents who are experiencing a crisis whereby they may enter into an authorization agreement (agreement) with certified family caregiver (caregiver) to temporarily care for their child or children. Caregivers are considered mandatory reporters of child abuse and neglect by law and must receive the training provided to mandatory reporters. The agreement is not a termination of parental rights, nor is it considered abandonment of the child or children or placement in the custody of a county department of human or social services for the purposes of foster care. The agreement is valid for no longer than 6 months, with an option to renew the agreement, unless the parent or parents are deployed or called to active duty in the United States military, in which case the agreement is valid for the length of the deployment plus 30 days. The terms of each agreement are specific to the parents who are entering into the agreement. It grants the caregiver the right to perform certain parental functions as specifically outlined in the agreement, and the agreement may be revoked at any time by a custodial parent. A substitute care organization (organization), which must be a tax-exempt charitable or social welfare organization, shall assist both parties in the creation and implementation of an agreement. The state department of human services (department) shall license any organization that wishes to serve in this capacity prior to the date at which the organization begins providing services to families. The department shall promulgate rules for the licensing requirements for organizations, after working collaboratively to receive recommendations for such rules from interested and affected parties. The rules must include requirements for various fingerprint-based criminal history record checks and child abuse and neglect background checks on the state's TRAILS system. The organization shall ensure that adequate notice of a child's placement with a caregiver is given to both parents. The organization is responsible for conducting a fingerprint-based criminal history record check on each adult in the nonparent's household, as well as a child abuse and neglect background check on the state TRAILS system for both the parent and each adult in the caregiver's household. The organization is responsible for ensuring that the caregiver is fully trained in the rights, duties, and limitations regarding the care of a child pursuant to the agreement. Organizations are required to collect data on agreements, caregivers, and outcomes and report aggregate data to the department. The bill establishes a provision for a parent of a minor child to create a custodial power of attorney that grants to another person certain of the parent's rights and responsibilities regarding the care, physical custody, and control of the minor child. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More