The bill creates a marijuana research and development license that allows the holder to possess marijuana for research purposes and a marijuana research and development cultivation license that allows the holder to grow, cultivate, possess, and transfer marijuana for research purposes. An applicant must submit with the license application a description of the research to be conducted, and if the research involves a public entity or public money, then the scientific advisory commission shall review and assess the research project. A marijuana research and development cultivation licensee may only sell marijuana it grows to other marijuana research and development cultivation licensees. A marijuana research and development licensee or marijuana research and development cultivation licensee may contract with a public research institution of higher education or another marijuana research and development licensee. The state licensing authority may promulgate rules related to marijuana research and development licenses and marijuana research and development cultivation licenses. The bill allows a medical marijuana testing facility licensee to test medical marijuana and medical marijuana-infused products for marijuana research and development licensees and marijuana research and development cultivation licensees, and marijuana or marijuana-infused products grown or produced by a registered patient or registered primary caregiver on behalf of a registered patient, upon verification of registration and verification that the patient is a participant in a clinical or observational study conducted by a marijuana research and development licensee or marijuana research and development cultivation licensee. The bill takes effect July 1, 2018. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
The bill amends provisions related to the continued collection of fees related to wholesale food manufacturing and storage. Specifically, the bill: Establishes an across-the-board annual application fee of $100; Specifies that a nonprofit facility, grain storage facility, brewery, brew pub, winery, or distiller of spirituous liquors is required to pay only the annual $100 application fee; Provides that wholesale food manufacturers or storage facilities with gross annual sales of less than $150,000 are required to pay the annual $100 application fee plus an additional registration fee of $60; Provides that wholesale food manufacturers or storage facilities with gross annual sales of $150,000 or more are required to pay the annual $100 application fee plus an additional registration fee of $300; and Increases the fee for a certificate of free sale from the existing $128 to $150. The bill also removes the repeal date from statute. (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 many of the recommendations of the department of regulatory agencies, as contained in the department's sunset review of motor vehicle and powersports vehicle sellers, as follows: Continues the regulation of motor vehicle and powersports vehicle sales until September 1, 2027; Codifies the auto industry division in statute under the department of revenue and changes the authority to enforce the regulation of the licensing of vehicle sellers from the executive director of the department of revenue to the director of the division; Requires a licensing application when a business acquires a new owner; Subjects the license of a dealer to discipline when the owner is acting as a salesperson and violates the law governing salespersons; Requires a fingerprint-based criminal history record check for all licensees; and Requires people who have had licenses revoked to wait one year before applying for a new license. To implement the bill, $12,568 is appropriated from the auto dealers license fund to the department of revenue, and $162,983 is appropriated from the Colorado bureau of investigation unit fund to the department of public safety. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the sales and use tax simplification task force (task force) made up of legislative members and state and local sales and use tax experts. The bill requires the task force to study sales and use tax simplification between the state and local governments, and in particular between the state and home rule jurisdictions. The task force is: Authorized to seek, accept, and expend gifts, grants, or donations from private or public sources in order to meet its goals; Subject to sunset review in 3 years; and Required to make an annual report to the legislative council that may or may not include recommendations for legislation.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The existing all-inclusive care for the elderly (PACE) program includes the state PACE ombudsman. The bill adds local PACE ombudsmen to the state ombudsman's office (office). The bill contains provisions relating to local PACE ombudsmen, including training, designation as representatives of the office, access to PACE centers and participants, authority to file complaints on behalf of PACE participants, and immunity from liability. The bill includes time frames for the state PACE ombudsman to complete duties and functions of the office, including establishing statewide policies and procedures for investigating and resolving complaints relating to PACE programs and training local PACE ombudsmen. The department of human services shall report to the joint budget committee and to its legislative committee of reference concerning the long-term care ombudsman program and the state PACE ombudsman program, including program caseloads and the need, if any, for additional local ombudsmen. The bill repeals statutory provisions relating to stakeholder recommendations and a report concerning the expansion of the PACE ombudsman program to include local PACE ombudsmen. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law finances the state's water quality program with a mix of general fund money and fees that are paid by sources that discharge pollutants into the state's waters. Section 2 of the bill raises the fees and establishes goals for future adjustments of the ratio of revenue from fees and the general fund as follows: Commerce and industry sector: 50% general fund and 50% cash funds; Construction sector: 20% general fund and 80% cash funds; Municipal separate storm sewer: 50% general fund and 50% cash funds; Pesticides sector: 94% general fund and 6% cash funds; Public and private utilities sector: 50% general fund and 50% cash funds; and Water quality certifications sector: 5% general fund and 95% cash funds. Section 3 adjusts the reporting by the department of public health and environment on the uses of these funds. Section 5 transfers $809,107 from the water quality improvement fund to the general fund and further allocates that money to the commerce and industry, municipal separate storm sewer, and public and private utilities sector funds. Sections 6 through 13 make a variety of appropriations and adjustments to the 2017 long bill. Section 14 makes the fee increases take effect July 1, 2018.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill creates the 'Colorado Uninsured Employer Act' to create a new mechanism for the payment of covered claims to workers who are injured while employed by employers who do not carry workers' compensation insurance. The bill creates the Colorado uninsured employer fund, which consists of penalties from employers who do not carry workers' compensation insurance. The bill creates the uninsured employer board to establish the criteria for the payment of benefits, to set rates, to adjust claims, and to adopt rules. The board is required to adopt, by rule, a plan of operation to administer the fund and to institute procedures to collect money due to the fund. (Note: This summary applies to this bill as introduced.)
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.)
The bill requires the department of health care policy and financing, with assistance from the department of human services' office of behavioral health, to prepare a written report for committees of the general assembly relating to residential and inpatient substance use disorder treatment options under the medicaid program, the cost of treatment, and the potential impact on other state and county programs and services if residential and inpatient substance use disorder treatment options were effective. The departments' report shall also include recommendations relating to the implementation of residential and inpatient substance use disorder treatment, better coordination of substance use disorder services among state agencies, and necessary changes to state law to implement treatment. The bill authorizes the department of health care policy and financing to access the prescription drug use monitoring program data to identify clients who may be at-risk of opioid overdose or who may benefit from increased care coordination. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Legislative Audit Committee. Section 1 of the bill requires the state auditor (auditor) to establish and administer a telephone number, fax number, email address, mailing address, or internet-based form whereby any individual may report an allegation of fraud committed by a state employee (employee) or an individual acting under a contract with a state agency (contracted individual). This system is referred to in the bill as the 'fraud hotline' or 'hotline' and any report to the hotline as a 'hotline call'. Section 1 defines 'fraud' to mean occupational fraud or the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets. Section 1 prohibits the auditor from disclosing publicly, or when making a referral to another state agency, the identity of any individual who contacts the fraud hotline unless the individual grants the auditor express permission to make such disclosure. These restrictions do not apply when the auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general in connection with a criminal investigation. Under the bill, the auditor is responsible for administering the hotline, including the screening of hotline calls and consulting and coordinating with state agencies to refer allegations of fraud by an employee or contracted individual that are reported to the hotline. In connection with the administration of the hotline, the bill requires the auditor to: Publicize the existence and purpose of the hotline on the official website of the office of the state auditor; and Prepare and maintain workpapers for the purpose of documenting the activities of his or her office in connection with hotline calls and investigations. All workpapers prepared or maintained by the auditor in connection with hotline calls and investigations must be held as strictly confidential by the auditor and not for public release. These restrictions shall not prevent communication by and among the auditor, a state agency, the governor, the legislative audit committee (committee), a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of the bill. The bill specifies that all workpapers prepared or maintained by the auditor in connection with hotline calls shall not constitute public records for purposes of the 'Colorado Open Records Act'. Upon receiving a hotline call, the auditor must conduct an initial screening of the call to determine whether the matter being reported constitutes an allegation of fraud committed by an employee or a contracted individual. The auditor is required to forward all hotline calls alleging fraud by a medicaid recipient to the department of health care policy and financing and all calls alleging fraud by a medicaid provider or contractor to the medicaid fraud control unit of the office of the attorney general. If the auditor determines that a hotline call constitutes an allegation of fraud committed by an employee or contracted individual, the auditor is required to consult and coordinate with the management or designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office for the purpose of referring the hotline call and any related workpapers to the affected agency. Upon receiving a referred hotline call from the auditor, the state agency is responsible for determining and taking appropriate action to respond to the referred hotline call and reporting back to the auditor. In determining appropriate action, the state agency may request either the assistance of the auditor to participate in an investigation or request that the auditor conduct the entire investigation. When, at the request of a state agency, the auditor either participates in or conducts an investigation of a hotline call, the following additional requirements apply: The auditor is granted complete access to all of the books, accounts, reports, vouchers, or other records or information maintained by the agency that are directly related to the scope of the investigation; The auditor is required to report the results of the investigation to the head of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office. The auditor is also required to provide any workpapers prepared or maintained by the auditor during the investigation. If the investigation finds evidence that the amount of the alleged fraud exceeds $100,000, the auditor is also required to report the results of the investigation to the committee and, with the approval of the committee, to the governor; and If the investigation finds evidence of apparently illegal transactions or misuse or embezzlement of public funds or property, the auditor is required to immediately report the matter to a law enforcement agency, a district attorney, or the attorney general, as appropriate. When a state agency is referred a hotline call by the auditor and has not requested that the auditor either participate in or conduct the entire investigation, the state agency is required to report back to the auditor within 90 days on the disposition of the referral, including action the agency has taken to respond to the fraud allegation and the results of any subsequent investigation by the agency. If the state agency has not reached a disposition of the referred hotline call within 90 days, the agency must report to the auditor the current status of the referral as of the 90-day deadline. This reporting requirement continues every 90 days thereafter until the agency has reached a disposition of the referred hotline call. Commencing with state fiscal year 2018-19, section 1 also requires the auditor to prepare an annual report to the committee providing an aggregate summary of activity relating to the fraud hotline during the preceding state fiscal year. Section 2 adds the administration of the hotline to existing statutory provisions specifying the auditor's powers and duties. Sections 3 and 4 prohibit retaliation against either a state employee or an entity under contract with a state agency resulting from the employee's disclosure of information to the hotline except where the employee discloses information with disregard for its truth or falsity.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)