The bill: Clarifies when payments for benefits and penalties payable to an injured worker are deemed paid ( section 1 ); Adds guardian and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease ( section 2 ); Requires a claimant for mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred and requires the employer or insurer to pay or dispute mileage within 30 days of submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request ( sections 2 and 7 ); Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury ( section 3 ); Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 4 ); Adds the conditions that, in order for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI), an examining physician must serve a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; the authorized treating physician must examine the employee at least 20 months after the date of the injury and determine that the employee has reached MMI; the authorized treating physician must be served with a written report indicating MMI; and the authorized treating physician has responded that the employee has not reached MMI or has failed to respond within 15 days after service of the report ( section 5 ); Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive ( section 6 ); Prohibits an employer or insurer from withdrawing an admission of liability 2 years after the date the admission of liability on the issue of compensability was filed, except in cases of fraud ( section 7 ); Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time ( section 8 ); Clarifies the scope of authority of prehearing administrative law judges ( section 9 ); Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2021 ( section 11 ); and Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ).(Note: This summary applies to this bill as introduced.)
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The Special Olympics Colorado fund voluntary contribution is currently scheduled to appear on the state income tax return form for income tax years beginning on or after January 1, 2015, but prior to January 1, 2020. The bill extends the period during which the fund will appear on the form. The fund continues to appear on the form unless the fund fails to receive the minimum contribution required by statute in a certain tax year. The bill also creates a Special Olympics Colorado license plate. To be issued the plate, an applicant must pay a one-time $25 fee and make a donation to a nonprofit organization that: Is headquartered in Colorado; Has been in existence for at least 40 years; Provides year-round sports training and athletic competitions for children and adults with intellectual disabilities; Collaborates with schools throughout Colorado to bring students together, with and without disabilities, through shared activities that include sports, leadership opportunities, and health education and fitness; and Ensures that the donation is spent in Colorado to support athletes with intellectual disabilities.(Note: This summary applies to this bill as introduced.)
The bill creates the future educator pathways grant program (grant program) in the department of education (department) to provide grants to local education providers, as defined in the bill, to create future educator pathways programs. The department shall administer the grant program, and the state board of education (state board) shall promulgate necessary rules for the grant program. Future educator pathways programs prepare future educators, including future educators in early childhood education, by providing students with opportunities for concurrent enrollment and apprenticeships that lead to college credit toward degrees and credentials as educators. The state board, after consultation with the department of labor and employment and the department of higher education, shall promulgate rules establishing requirements for apprenticeship programs. The bill specifies the dates by which an eligible local education provider must apply to the department for grant money and the information required in the grant program application. The state board shall award grants to one or more qualified local education providers by dates specified in the bill. A local education provider that receives a grant is required to use the grant money for specified purposes in connection with apprenticeship programs and concurrent enrollment. To receive a grant, a local education provider shall commit to match state grant money with local money equal to 25% of the grant award. The bill specifies that the state board is required to ensure that grants are awarded to geographically diverse local education providers and to a mix of rural, urban, and suburban local education providers. In addition, the state board shall award at least 20% of the total amount awarded in grants to eligible rural local education providers, as defined in the bill, and at least 70% of the total amount awarded in grants to future educator pathways programs that provide apprenticeships. The bill creates the future educator pathways fund (fund) in the state treasury and requires the state treasurer to transfer an amount of money specified in the bill from the general fund to the fund in the 2020-21, 2021-22, and 2022-23 state fiscal years. The state board may award grant program grants in a fourth year of the program if money remains in the fund after the third grant cycle. The department is required to submit an annual report on the grant program to the governor and the house and senate education committees that includes specified information, including a final report. (Note: This summary applies to this bill as introduced.)
The bill creates a regulatory and service system to provide secure transportation services, with different requirements than traditional ambulance services, for individuals experiencing a behavioral health crisis. Mobile crisis services, units linked to the walk-in crisis services, and crisis respite services may arrange for secure transportation in response to a behavioral health crisis. The department of human services shall allow for the development of secure transportation alternatives. The board of county commissioners of the county in which the secure transportation service is based (commissioners) shall issue a license to an entity (licensee), valid for one year, that provides secure transportation services if the minimum requirements set by rule by the state board of health are met or exceeded. The commissioners shall also issue operating permits, valid for 12 months following issuance, to each vehicle operated by the licensee. A fee may be charged for each license to reflect the direct and indirect costs to the applicable county in implementing secure transportation services licensure. The state board of health is given authority to promulgate rules concerning secure transportation licensure. The department of health care policy and financing is directed to create and implement a secure transportation benefit on or before January 1, 2022. Language is added to exempt secure transportation services from regulation under the public utilities commission. (Note: This summary applies to this bill as introduced.)
Not later than December 31, 2020, the bill requires each state agency, state institution of higher education, and political subdivision of the state to submit to the office of the state architect (office) a list of all usable real property owned by or under the control of the agency, institution, or political subdivision of the state. This list must include, if applicable: The address where the real property is located; The size of the real property; How the real property is zoned; Contact information for the state agency, institution, or political subdivision of the state that owns or controls the real property; The plan, if one is available, for the use, development, or sale of the real property; and A description that includes the condition of the real property and a measurement of total area of the real property that is vacant, unused, or underdeveloped. Not later than December 31 of each subsequent year, each state agency, state institution, and political subdivision of the state must submit to the office any updates to the information the agency, institution, or political subdivision of the state originally submitted to the office about the usable real property the agency, institution, or political subdivision of the state owns or controls. Beginning July 1, 2021, whenever any state agency, state institution of higher education, or political subdivision of the state plans to offer any usable real property for sale, or otherwise plans to solicit any offer to purchase real property, the agency, institution, or political subdivision of the state shall notify the office. Not later than July 1, 2021, the office must establish and maintain a current database that includes the information listed above. This database must be available free of charge to the public on the office's website. (Note: This summary applies to this bill as introduced.)
The bill reauthorizes the Habitat for Humanity of Colorado fund (fund) income tax check-off for an additional 5 years . The fund first appeared on the list of voluntary contributions on the Colorado income tax forms for income tax year 2015. Under current law, it will come off of the form following income tax year 2019. The bill reauthorizes the fund to remain on the form for income tax years 2019 through 2024, and extends the repeal of the relevant statutes to January 1, 2026 so long as it meets the existing statutory requirement that a voluntary contribution fund must receive at least $50,000 in contributions each tax year. The part is repealed effective January 1 of the income tax year after the revisor of statutes receives notice that the fund will no longer appear on the form for failure to meet that threshold . (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
By January 1, 2021, the bill requires the marijuana state licensing authority to promulgate rules regarding the process and procedure for filing and approving contingency plans for outdoor cultivation facilities when there is a threat to operations due to an adverse weather event or other catastrophe. A medical marijuana cultivation facility or retail marijuana cultivation facility may file a contingency plan with the state licensing authority and, if the plan is approved, may follow the plan if there is an adverse weather event or other catastrophe. Prior to January 1, 2021, a medical marijuana cultivation facility licensee or retail marijuana cultivation facility licensee that cultivates marijuana outdoors may take any reasonable and necessary action to prevent or ameliorate crop loss due to an adverse weather event. The action is not a violation of state or local law or regulations unless the state licensing authority or local authorities can show that the action was not reasonable and necessary to prevent or ameliorate crop loss due to an adverse weather event. (Note: This summary applies to this bill as introduced.)
The bill creates the offense of unlawful storage of a firearm if a person stores a firearm in a manner that the person knows, or should know: That a juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or A resident of the premises is ineligible to possess a firearm under state or federal law. Unlawful storage of a firearm is a class 2 misdemeanor. The bill requires licensed firearms dealers to provide with each firearm, at the time of a firearm sale or transfer, a locking device capable of securing the firearm. Transferring a firearm without a locking device is an unclassified misdemeanor punishable by a maximum $500 fine. The bill requires the state court administrator to annually report to the general assembly about the number of charges related to safe firearms storage, and the disposition of those charges. The bill requires the department of public health and environment to develop and implement a firearms storage education campaign to educate the public about the safe storage of firearms and state requirements related to firearms safety and storage. The bill creates the firearms safe storage education campaign fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue certifies to the revisor of statutes that there is a space available on the form and the fund is next in the queue. (Note: This summary applies to this bill as introduced.)
Usually, an owner of digital electronic equipment (equipment), such as cell phones and tablets, must seek diagnostic, maintenance, or repair services of the equipment from the original equipment manufacturer (manufacturer) or an authorized repair provider affiliated with the manufacturer. The bill requires a manufacturer to provide parts, embedded software, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's equipment to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services. A manufacturer's failure to comply with the requirement is an unfair or deceptive trade practice. Manufacturers need not divulge any trade secrets to independent repair providers and owners. Any contractual provision or other arrangement that a manufacturer enters into that would remove or limit the manufacturer's obligation to provide these resources to independent repair providers and owners is void and unenforceable. (Note: This summary applies to this bill as introduced.)