Access to behavioral health treatment - capacity tracking system - care navigation program - building substance use disorder treatment capacity in underserved communities grant program - appropriation. The act: Directs the department of human services to implement a centralized, web-based behavioral health capacity tracking system to track available treatment capacity at behavioral health facilities and at programs for medication-assisted treatment and withdrawal management for substance use disorders, as well as other types of treatment; Directs the department of human services to implement a care navigation program to assist individuals in obtaining access to treatment for substance use disorders, including medical detoxification and residential and inpatient treatment; and Creates the building substance use disorder treatment capacity in underserved communities grant program to provide services in rural and frontier communities, prioritizing areas of the state that are unserved or underserved. For the 2019-20 state fiscal year, the act appropriates: $31,961 and 0.8 FTE to the department of health care policy and financing, executive director's office for personal services and operating expenses, with the expectation that the department will receive additional federal funding; $5,589,344 and 2.5 FTE from the marijuana tax cash fund to the department of human services, office of behavioral health, for community behavioral health administration, the behavioral health capacity tracking system, the care navigation program, and the building substance use disorder treatment capacity in underserved communities grant program; and $160,206 and 1.4 FTE from reappropriated funds received from the department of human services 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
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The bill creates the "Colorado Partnership for Quality Jobs and Services Act" to facilitate the creation of formal labor-management partnership agreements between state employees in the state personnel system and the executive branch of state government. The bill specifies that certain employees in the state personnel system, due to the nature and responsibilities of their jobs, are not able to participate in partnership agreements. State employees who are allowed to participate in partnership agreements are designated covered employees. Partnership units: The bill specifies that a partnership unit is a group of covered employees who have similar job classifications and who are in a unit for representation by a nonprofit organization that represents covered employees (employee organization). The bill creates partnership units composed of covered employees in specified occupational groups. If a partnership unit was created pursuant to the existing Colorado executive order that authorizes partnership agreements (executive order) and the partnership unit has chosen an employee organization to exclusively represent it (certified employee organization), the partnership unit will continue to be represented by its existing certified employee organization. Certified employee organizations: An employee organization that wants to represent an unrepresented partnership unit may file a petition with the department of labor and employment (department) requesting that it hold an election to allow covered employees in the partnership unit to elect an employee organization to represent it. The department is required to provide notice of the petition and other employee organizations may be included on the ballot in the election. The department is required to conduct an election to determine which employee organization will be the certified employee organization of the partnership unit. The ballot must allow covered employees to vote not to be represented by an employee organization. If one employee organization receives a majority of the votes, the department is required to certify the employee organization as the certified employee organization of the partnership unit. The bill specifies circumstances under which the department is not allowed to hold an election for a partnership unit to select a certified employee organization. The bill also specifies that a covered employee or an employee organization may initiate a process to decertify a certified employee organization for a partnership unit. Rights of covered employees and certified employee organizations: The bill specifies that a covered employee may work with an employee organization and communicate with other covered employees to form a partnership agreement. Certified employee organizations have the right to reasonable access to areas where covered employees work to hold meetings, post notices, and provide information to covered employees. Duties of the certified employee organization: The bill specifies that a certified employee organization is required to represent the interests of all covered employees in the partnership unit, regardless of membership in the employee organization. The bill also specifies the process by which a covered employee may initiate a grievance regarding the interpretation of a partnership agreement. In addition, the bill prohibits a certified employee organization from engaging in a strike, work stoppage, or group sickout against the state or any of its agencies or departments. Duties of the state: The bill specifies that the state is required to: Make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization; Notify the certified employee organization when a covered employee is hired, promoted, or transferred to a new partnership unit; Periodically provide specified information about covered employees to each certified employee organization; Allow a certified employee organization to attend orientations for new covered employees; After the state and the certified employee organization reach a partnership agreement, submit a request to the general assembly for sufficient appropriations to implement terms of the partnership agreement requiring the expenditure of money; and Engage in good faith in all aspects of the partnership process. Partnership agreements: A certified employee organization and the state are required to discuss and draft written partnership agreements, which are binding on the state, the certified employee organization, and covered employees. Partnership agreements that govern matters impacting all covered employees in all of the represented partnership units are required to be negotiated collaboratively with all certified employee organizations; except that a certified employee organization may opt out of joint negotiations for the partnership units it represents. A partnership agreement is required to provide a grievance procedure to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement. A partnership agreement is also required to continue in full force and effect until it is replaced by a subsequent partnership agreement. If disputes arise during the formation of a partnership agreement, the certified employee organization and the state are required to engage in the dispute resolution process established by the bill. Duties of the state personnel director: The state personnel director (director) is required to enforce certain aspects of the partnership agreement process. The director is authorized to conduct hearings to adjudicate disputes regarding the rights of covered employees and the rights and duties of certified employee organizations and the state under partnership agreements. The director is required to determine and impose appropriate administrative remedies to address violations of rights or duties pursuant to the "Colorado Partnership for Quality Jobs and Services Act". Court review: The bill specifies the circumstances under which the director or a party to a partnership agreement may request court review of the final action of the director or an arbitrator's decision and specifies the standards under which the court may conduct such review. Court review may be requested as follows: The director may request that the court of appeals enforce orders issued by the director in connection with partnership agreements; Any person or party affected by a final rule, order, or decision of the director may appeal to the district court for further relief; A party to a partnership agreement may seek enforcement or vacation of an arbitrator's decision on a grievance concerning the interpretation, application, and enforcement of a partnership agreement in district court; and Either the state or a certified employee organization may challenge the final judgment of an arbitrator's judgment resolving a dispute in the formation of a partnership agreement in district court.(Note: This summary applies to this bill as introduced.) Read More
Health facilities - health care providers - adverse health care incidents - protected communications with patients. The act creates the "Colorado Candor Act" (Act), which: Establishes a process for open communication between a patient and a health care provider or health facility after an adverse health care incident; and Provides that communications under the Act are privileged and confidential, are inadmissible as evidence in any subsequent proceedings arising directly out of the adverse health care incident, and are not subject to discovery, subpoena, or other means of legal compulsion for release.(Note: This summary applies to this bill as enacted.) Read More
The federal "Tax Cuts and Jobs Act", which became law in December 2017, added distributions for elementary or secondary school expenses as qualified distributions from a qualified state tuition program, also known as a 529 account, thereby allowing, on the federal level, income tax-free distributions for elementary and secondary school expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill amends Colorado law to ensure that a taxpayer may not claim a deduction for contributions to qualified state tuition programs for elementary or secondary school expenses and clarifies that such expenses are not qualified distributions. The bill also requires Colleginvest to provide the department of revenue with available information related to distributions that are not used to pay qualified higher education expenses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Tenants and landlords - rental application process. The act states that a landlord may not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. A landlord also may not charge a prospective tenant a rental application fee that is in a different amount than a rental application fee charged to another prospective tenant who applies to rent: The same dwelling unit; or If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord. The act requires a landlord to provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or an itemization of the landlord's actual expenses incurred. The landlord is required to make a good-faith effort to refund any unused portion of an application fee within 20 days. The act states that if a landlord uses rental history or credit history as criteria in consideration of an application, the landlord shall not consider any rental history or credit history beyond 7 years immediately preceding the date of the application. If a landlord considers criminal history as a criterion, the landlord shall not consider an arrest record of a prospective tenant from any time or any conviction of a prospective tenant that occurred more than 5 years before the date of the application; except that a landlord may consider any criminal conviction record or deferred judgment relating to certain criminal offenses involving methamphetamine, any offense that required the prospective tenant to register as a sex offender, any offense that is classified as a homicide, or stalking. If a landlord denies a rental application, the landlord shall provide the prospective tenant a written notice of the denial that states the reasons for the denial. A landlord who violates any of the requirements created in the act is liable to the person who is charged a rental application fee for triple the amount of the rental application fee, plus court costs. A landlord who corrects or cures a violation not more than 7 calendar days after receiving notice of the violation is immune from liability. A person who intentionally and in bad faith brings a meritless claim against a landlord is liable for the landlord's court costs and reasonable attorney fees in defending the claim. (Note: This summary applies to this bill as enacted.) Read More
Plumbing - registrants' demonstration of competency upon reinstatement - inspections. Section 1 of the act allows the state plumbing board (board) to require plumbing apprentices and plumbing contractors to demonstrate competency before reinstatement of an expired registration. To reinstate a license or registration that has been expired for 2 or more years, a person must demonstrate competency by: Providing verification of a license in good standing from another state and proof of active practice in that state for the year previous to the date of receipt of the reinstatement application; Satisfactorily passing the state plumbing examination; or Any other means approved by the board. To reinstate a license or registration that has been expired for less than 2 years (other than the first renewal or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination), a person must have completed 8 hours of continuing education for every 12 months that have passed after the later of the last date of renewal or reinstatement. The board is required to adopt rules establishing continuing education requirements and standards. Section 2 requires state plumbing inspectors, an incorporated town or city, county, city and county, or qualified state institution of higher education (inspecting entity) to conduct a contemporaneous review of each plumbing project inspected to ensure compliance with the plumbing law, including specifically licensure and apprentice requirements. However, each inspecting entity need not perform a contemporaneous review for each inspection of a project. Each inspecting entity shall develop standard procedures to advise inspectors on how to conduct a contemporaneous review. Each inspecting entity must post its standard procedures on its public website and provide the director of the division of professions and occupations within the department of regulatory agencies with a link to the web page on which the standard procedures have been posted or, if the inspecting entity does not have a website, provide its current procedures to the director for posting on the board's website. The board can issue a cease-and-desist order to an inspecting entity that is conducting inspections that do not comply with statutory requirements. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
On and after July 1, 2022, the bill requires the high-performance transportation enterprise (HPTE) to impose an express lane access fee (access fee) in a specified amount annually at the time of registration of any eligible plug-in electric motor vehicle that weighs 19,500 pounds or less, that is certified as being qualified for the federal plug-in electric drive motor vehicle tax credit or can be recharged from an external source of electricity and that stores electricity in a rechargeable battery that propels or contributes to the propulsion of the vehicle's drive wheels if the owner of the vehicle chooses to pay the access fee in exchange for the right to operate the vehicle on express lanes without regard to the number of persons in the vehicle for free on any express lane that is a high occupancy vehicle lane and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane. HPTE is not authorized to impose the access fee upon the registration of a vehicle registered for a registration period beginning on or after July 1, 2020, but before July 1, 2022, but, upon the registration of a vehicle for such a registration period, the owner of an eligible plug-in electric motor vehicle may choose to apply for the right to operate the vehicle for free on any express lane that is a high occupancy vehicle lane without regard to the number of persons in the vehicle and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane. A plug-in electric motor vehicle is an "eligible plug-in electric motor vehicle" if it is being registered for its 1st, 2nd, or 3rd registration period under the ownership of the same owner and if making the vehicle eligible would not cause the total number of eligible vehicles to exceed a specified cap that increases annually for 5 years until reaching a permanent maximum amount. "Express lane" is defined to include any high occupancy vehicle lane, toll lane, or high occupancy toll lane that HPTE, a private partner of HPTE, or HPTE in conjunction with a private partner of HPTE or the department of transportation (CDOT) operates and maintains or that HPTE designates as an express lane, which currently includes: Operating express lanes on Interstate Highway 25 between downtown Denver and 120th Avenue, on Interstate Highway 70 between Idaho Springs and Empire, and on U.S. Highway 36 between Denver and Boulder; and Planned express lanes on: (1) Interstate Highway 25 between 120th Avenue and State Highway E-470, Johnstown and Fort Collins, and Monument and Castle Rock; (2) Interstate Highway 70 between Interstate Highway 25 and Chambers Road; and (3) State Highway C-470 between Interstate Highway 25 and Wadsworth Boulevard. Each county clerk and recorder, acting as an authorized agent of the department of revenue, is required to collect the access fee, and access fee revenue is credited to the statewide transportation enterprise special revenue fund for use by HPTE. The owner of an eligible plug-in electric motor vehicle may choose not to pay the access fee, but must pay the fee to be authorized to operate the vehicle for free on any express lane that is a high occupancy vehicle lane and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane, without regard to the number of persons in the vehicle. If the free or reduced toll use of express lanes by eligible plug-in electric motor vehicles is determined to cause a decrease in the level of service for other bona fide users of the express lanes so that CDOT or HPTE is violating or will violate within the next 3 months contractual level of service guarantees or will be unable to satisfy debt service coverage requirements, then CDOT may restrict or eliminate free and reduced toll use of the express lanes by eligible plug-in electric motor vehicles for as long as the violation or inability is expected to continue. CDOT is required to report annually during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing regarding the actual and projected free and reduced toll use of express lanes by eligible plug-in electric vehicles and any actions that it has taken or expects to take to restrict, limit, or restore such use. The existing authorization for a limited number of inherently low-emission vehicles or hybrid vehicles to use express lanes without regard to the number of persons in the vehicle and without paying a toll expires for each participating vehicle on the date of the first registration of the vehicle for a registration period that begins on or after July 1, 2022. The department of revenue and CDOT are required to coordinate to establish electronic processes that: Automatically notify HPTE and, if deemed necessary by HPTE, any private partner of HPTE that operates an express lane, when the owner of a plug-in electric motor vehicle pays the access fee so that HPTE, directly or through its private partners, can successfully administer and enforce the conditions of access for eligible plug-in electric motor vehicles to express lanes; and Automatically notify each authorized agent when the access fee can or cannot be collected in accordance with the limitation on the number of eligible plug-in electric motor vehicles. CDOT is authorized to promulgate administrative rules to ensure proper implementation, administration, and enforcement of the conditions of access for eligible plug-in electric motor vehicles to express lanes. (Note: This summary applies to this bill as introduced.) Read More
Firearms - extreme risk protection order - petition requirements - hearings - firearm surrender options - termination hearing - appropriation. The act creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO) beginning on January 1, 2020. The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. After issuance of a temporary ERPO, the court must schedule a second hearing no later than 14 days following the issuance to determine whether the issuance of a continuing ERPO is warranted. The court shall appoint counsel to represent the respondent at the hearing. If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO prohibits the respondent from possessing, controlling, purchasing, or receiving a firearm for 364 days. Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer, or, if the firearm is an antique or relic or curio, the firearm may be surrendered to a family member who is eligible to possess a firearm and who does not reside with the respondent. If a person other than the respondent is determined to be the lawful owner of any firearms surrendered to law enforcement, the firearm must be returned to him or her. The respondent can motion the court once during the 364-day ERPO for a hearing to terminate the ERPO. The respondent has the burden of proof at a termination hearing. The court shall terminate the ERPO if the respondent establishes by clear and convincing evidence that he or she no longer poses a significant risk of causing personal injury to self or others by having in his or her custody or control a firearm or by purchasing, possessing, or receiving a firearm. The court may continue the hearing if the court cannot issue an order for termination at that time but believes there is a strong possibility the court could issue a termination order prior to the expiration of the ERPO. The petitioner requesting the original ERPO may request an extension of the ERPO before it expires. The petitioner must show by clear and convincing evidence that the respondent continues to pose a significant risk of causing personal injury to self or others by having a firearm in his or her custody or control or by purchasing, possessing, or receiving a firearm. If the ERPO expires or is terminated, all of the respondent's firearms must be returned within 3 days of the respondent requesting return. The act requires the state court administrator to develop and prepare standard petitions and ERPO forms. Additionally, the state court administrator at the judicial department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing shall provide statistics related to petitions for ERPOs. The act appropriates $119,392 from the general fund to the judicial department for court costs, jury costs, and court-appointed counsel costs. (Note: This summary applies to this bill as enacted.) Read More
Pharmacists - chronic maintenance drugs - dispense without prescription. The act allows a pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a prescription if: The pharmacist is unable to obtain authorization to refill the prescription from a health care provider; The pharmacist has a record of a prescription in the name of the patient who is requesting the emergency supply of the chronic maintenance drug, or, in the pharmacist's professional judgment, the refusal to dispense an emergency supply will endanger the health of the patient; The amount of the chronic maintenance drug dispensed does not exceed the amount of the most recent prescription or the standard quantity or unit of use package of the drug; The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12-month period; and The prescriber of the drug has not indicated that no emergency refills are authorized. The act requires the state board of pharmacy to promulgate rules to establish standard procedures for dispensing chronic maintenance drugs. A pharmacist, the pharmacist's employer, and the original prescriber of the drug are not civilly liable for dispensing a chronic maintenance drug unless there is negligence, recklessness, or willful or wanton misconduct. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Pharmacies - authority of hospice or convalescent center to operate as a pharmacy. The act allows a licensed hospice or convalescent center to procure, store, order, dispense, and administer prescription medications. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More