Sen. Jim Smallwood

Under current law, for a child to be adopted, the child must be present in the state at the time that the petition for adoption is filed. Under the bill, the child need not be present in the state if the child has been under the jurisdiction of a court in Colorado for at least 6 months. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Legislative Audit Committee. The bill clarifies the criteria and requirements in connection with the assignment of a state-owned motor vehicle (vehicle) to a state agency or to an officer or employee of a state agency. Assignment of vehicles to a state agency. Current law permits the division of central services in the department of personnel (division) to permanently assign a vehicle to a state agency. The bill clarifies that the assignment of a vehicle to a state agency is authorized only when the state agency's use of the vehicle is likely to meet the minimum required mileage for the vehicle's intended work function or if the state agency can justify the need for permanent assignment of the vehicle because of its unique use. The bill also clarifies the conditions under which the division must revoke the assignment of the vehicle to a state agency. Assignment of vehicles to an officer or employee of a state agency. Current law also permits a state agency to assign a vehicle to an officer or employee of the state agency under certain circumstances. The bill specifies that for purposes of the assignment of a vehicle to an officer or employee of a state agency, 'state agency' does not include the judicial and legislative branches of state government, any state institution of higher education, or the Auraria higher education center, and that 'state agency' does include the state board of stock inspection commissioners. Pursuant to current law, a state agency may assign a vehicle to an officer or employee when the executive director of the state agency determines that it would promote a legitimate nonpartisan state interest, promote the efficient operation of the state motor vehicle fleet, and is cost-effective to the state agency. The bill eliminates the current criteria and specifies that a state agency may assign a vehicle to an officer or employee of the state agency for business and commuting only if: Assignment of the vehicle is necessary to conduct official and legitimate state business; The vehicle meets the federal internal revenue service (IRS) definition of qualified nonpersonal use, or assignment of the vehicle is the most cost-efficient means of transportation to the state agency; and Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel. The bill requires the executive director of a state agency or their designee to authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the director of the division for review. The bill requires the director of the division or the state controller, as applicable, to review any assignment of a vehicle to an officer or employee of the state agency. The director of the division or the state controller is required to verify that the state agency's assignment of a vehicle complies with state and federal law. If the review establishes that the assignment of a vehicle does not comply with state and federal law, the division is required to revoke the assignment of the vehicle. Currently, any state officer or employee who has an assigned vehicle is required to reimburse the state for the use of the vehicle at a rate computed by the division. The bill eliminates the reimbursement provision and specifies that when an officer or employee is assigned a vehicle because it is the most cost-efficient means of transportation to the state agency, the officer or employee is required to pay income tax on the value of the fringe benefit of the vehicle. The bill requires the state controller to calculate and report as income the value of the vehicle's fringe benefit in accordance with IRS regulations. The division is required to establish a program and adopt rules providing for annual verification by the director of the division or the state controller that the assignment of each state-owned motor vehicle to an officer or employee of a state agency still complies with the requirements of state and federal law. The review is required for all assigned vehicles, regardless of when they were assigned. If the verification process establishes that the assignment of a vehicle does not comply with state and federal law, the division is required to revoke the assignment of the vehicle. On or before September 1, 2019, the department of personnel is required to report to the legislative audit committee regarding the implementation and enforcement of the bill. The department may make recommendations regarding further modifications to the criteria and requirements for the assignment of vehicles to officers and employees of state agencies for business and commuting purposes. (Note: This summary applies to this bill as introduced.)

Under current law, the commissioner of insurance (commissioner) is authorized to conduct financial examinations and market conduct examinations of companies engaged in the insurance business in Colorado. Financial examinations, which the commissioner conducts on every company domiciled in Colorado once every 5 years, are intended to ensure that regulated insurance companies have proper corporate governance and internal controls and are able to pay claims. Market conduct examinations are intended to ensure that regulated insurance companies are complying with applicable laws and rules and that policyholders, providers, and beneficiaries are treated equitably. Statutes pertaining to both financial examinations and market conduct examinations are intertwined and, in some cases, overlap and conflict. Because of the repeal and relocation of market conduct provisions under sections 2 through 10 of the bill, section 1 of the bill consolidates and relocates provisions that apply generally to the commissioner and the division of insurance (division) regarding confidential treatment of documents the commissioner obtains during an investigation, the subpoena powers of the division, and the commissioner's ability to contract with experts in conducting an investigation. Sections 2 through 10 separate the market conduct examination provisions from the financial examination provisions, repealing and relocating the market conduct examination provisions to a separate part and more clearly delineating the scope and functions of the 2 distinct types of examinations conducted by the commissioner. With regard to market conduct reviews, section 10 also uses the term 'market conduct surveillance' and specifies the types of activities that includes, such as market analysis, interrogatories, and market conduct examinations. Sections 11 through 16 make conforming amendments based on the repeal and relocation of the market conduct examination provisions.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sunset Process - Senate Business, Labor, and Technology Committee. The bill implements the recommendations of the department of regulatory agencies' sunset review and report on the functions of the division of insurance (division) by: Continuing the functions of the division for 13 years, until 2030 ( sections 1 and 2 of the bill); Establishing a separate sunset date for the regulation of preneed funeral contracts in 2022 ( section 5 ); Reassigning certain duties related to health maintenance organizations from the executive director of the department of public health and environment to the commissioner of insurance (commissioner) ( sections 6 through 13 ); Repealing the 'Certified Capital Company Act', effective July 1, 2025 ( section 14 ); Removing the exemption of policies with more than 4 automobiles from consumer protection provisions ( section 15 ); Eliminating the requirement that an insurer authorized to transact business in Colorado file a schedule of insurance rates for required minimum coverages by July 1, 2003 ( section 16 ); Expanding the definition of 'enrollee' to include certain individuals with non-HMO or prepaid plans ( section 17 ); Revising the definition of 'participating provider' to include providers in other states that are part of the carrier's managed care network since consumers may use contracted providers in other states when Colorado insurance protections are applicable ( section 17 ); Repealing the 35% surcharge above the modified community rate that an insurance carrier is permitted to impose on small employers that previously purchased self-funded health benefit coverage or a health benefit plan that was not a small group plan ( section 18 ); Repealing the requirement for a one-time training course that was to be completed by January 1, 2009 ( section 19 ); Changing a reference to the location of the definition of health care providers from the statutes governing reimbursement to providers of health care services to refer to statutes governing the statewide managed care system ( section 20 ); and Clarifying that all bail agents licensed by the division are exempt from the private investigator licensing statute ( section 21 ). Section 3 of the bill requires fines and penalties levied on insurers to relate to the general business practices and compliance activities of insurers. Section 4 of the bill requires the division to study the compliance of preneed funeral contract sellers with Colorado law and report the findings of the study to the legislature not later than September 1, 2017.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill provides that the state board of education may issue an alternative teacher license to an applicant who agrees to participate fully in a one- or 2-year alternative teacher program provided by a designated agency, which may include working in a nonpublic child care facility or other preschool facility. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the 'Colorado Health Benefit Exchange Act' (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund. (Note: This summary applies to this bill as introduced.)

The bill: Allows a pharmacist to dispense a schedule II opioid in a lesser amount than the prescribed amount if certain circumstances are met; Limits the time that the remaining portions of a partially filled prescription for a schedule II opioid drug may be filled; and Directs a pharmacist partially filling a prescription for a schedule II opioid to retain the original prescription at the pharmacy, report the partial fill to the prescription drug monitoring program, and notify the prescribing health care provider that the prescription was partially filled.(Note: This summary applies to this bill as introduced.)

Currently, a pharmacist may supervise no more than 3 pharmacy technicians. The bill allows a pharmacist to supervise up to 6 pharmacy technicians. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Legislative Audit Committee. Under current law, of the 9 members of the board of directors of the state historical society (board), the board is to recommend 4 members for appointment by the governor. The bill repeals certain obsolete provisions, including the provision requiring recommendation by the board. Under current law, the directors council of the state historical society (council) was established. The bill changes the language from establishing the council to allowing the board to establish the council. If the council is not established by June 1, 2020, the bill repeals the section authorizing its establishment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows an employer to participate in a voluntary firefighter cancer benefits program, as a multiple employer health trust to provide benefits to firefighters by paying contributions into the established trust. The bill requires the trust to provide benefits to each firefighter based on the cancer diagnosis and award level. (Note: This summary applies to this bill as introduced.)