Sen. Kerry Donovan

Current law requires engineering plans involving excavation to include only general information about the location of underground facilities, and the excavator is the party with the duty to seek specific information about these facilities' locations. The bill requires: Engineering plans involving excavation to include specific information about the location of underground facilities; Engineers to use their official stamps on the plans; and The stamped plans to be given to the person who will conduct the excavation.(Note: This summary applies to this bill as introduced.)

The bill directs the transportation legislation review committee (TLRC) to conduct a hearing during the 2017 interim on the potential economic benefits and costs of energy storage systems (e.g., batteries, heat sinks, pumped storage hydroelectric systems) that an electric utility may incorporate into its electric resource acquisition plans. The hearing must take place on or before December 1, 2017. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill establishes the Colorado secure savings plan (plan), which is a retirement savings plan for private-sector employees in the form of an automatic enrollment payroll deduction individual retirement account. Employers with a specified number of employees in the state are required to participate in the plan, but any employer may choose to participate in the plan. The Colorado secure savings plan board of trustees (board) is created and consists of the state controller, the director of the governor's office of state planning and budgeting, and 7 additional trustees with certain experience who are appointed by the governor and confirmed by the senate. The trustees on the board have a fiduciary duty to the plan's enrollees and beneficiaries and are required to: Establish investment options that offer employees returns on contributions without incurring debt or liabilities to the state; Establish the process for allocating investment earnings and losses to individual plan accounts on a pro rata basis; Make and enter into contracts and hire staff as necessary for the administration of the plan; Conduct a periodic review of the performance of any investment vendors; Cause money in the Colorado secure savings plan fund (fund) to be invested with the intent to achieve cost savings through efficiencies and economies of scale; Establish the process for an enrollee to contribute a portion of his or her wages to the plan for automatic deposit and establish the process by which the participating employer forwards those contributions to the plan; Establish the process for enrollment in the plan including the process by which an employee can opt not to participate in the plan; Accept gifts, grants, and donations from specified entities and pursue options for bank loans or a line of credit to cover the start-up costs of the plan; Procure, as needed, insurance against loss in connection with the property, assets, or activities of the plan; Allocate administrative fees to individual retirement accounts in the plan on a pro rata basis; Set minimum and maximum contribution levels; Facilitate education and outreach to employers and employees; Ensure that the plan complies with all applicable state and federal laws; Deposit all gifts, grants, donations, fees, and earnings from investment of moneys in the fund into the fund and pay the administrative costs and expenses for the creation, management, and operation of the plan from moneys in the fund; Determine any nominal and reasonable assistance that may be provided to businesses to offset the initial costs of enrolling employees in the plan and complying with audits and plan implementation; Prepare or cause to be prepared certain annual audits and annual reports regarding the plan; Develop a process to ensure that employers are in compliance with the requirements of the plan and develop a penalty structure for employers who fail, without reasonable cause, to enroll employees in the plan; Conduct or cause to be conducted a financial feasibility study to ensure that the plan will be self-sustaining; and Conduct an analysis of relevant consumer protections available under federal law and make recommendations to the general assembly regarding additional necessary consumer protections that should be included in legislation implementing the plan. The bill specifies the process by which the board is required to engage an investment manager to invest the assets of the plan and specifies the investment options that the board is required to create. The bill creates the fund as a trust outside of the state treasury, specifies that the fund will include the individual retirement accounts of enrollees in the plan, and allows the board to use a certain percentage of money in the fund for the administrative expenses of the plan. The money in the fund is not property of the state and cannot be commingled with state money. The board must design and disseminate employer and employee information packets regarding the plan and the options for employee participation in the plan to all employers that participate in the plan. If, based on the required financial feasibility study, the board determines that the plan will be self-sustaining and would promote greater retirement savings for private-sector employees, the board must recommend to the general assembly that the plan be implemented. The board may not implement the plan unless the general assembly, acting by bill, directs the board to implement the plan. The bill dictates the timing for the board to implement the plan, if directed to do so by the general assembly, and a time frame for employers to establish a system by which enrollees in the plan can remit payroll deduction contributions to the plan. Employers must automatically enroll employees in the plan unless an employee has opted out of participation in the plan. Enrollees may select an investment option and contribution level or use the default investment option and contribution amount established by the board. The bill specifies that the state and employers do not have any duty or liability to any party for the payments of any retirement savings benefits accrued by any individual through the plan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates a group under the commissioner of agriculture to study the feasability of including hemp products in animal feed. The group includes a hemp producer, a hemp processor, a legal expert, a person from an institution of higher education who has studied hemp policy, a veterinarian, a livestock producer, and any other person the commissioner determines would facilitate understanding the legal, practical, or business considerations. The group will make recommendations by December 31, 2017. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, health benefit plans are required to cover health care services delivered to a covered person by a provider via telehealth in the same manner that the plan covers health care services delivered by a provider in person. The bill clarifies that: A health plan cannot restrict or deny coverage of telehealth services based on the communication technology or application used to deliver the telehealth services; The availability of telehealth services does not change a carrier's obligation to contract with providers available in the community to provide in-person services; A covered person may receive telehealth services from a private residence, but the carrier is not required to pay or reimburse for any transmission costs or originating site fees the covered person incurs; A carrier is to apply the applicable copayment, coinsurance, or deductible amount to health care services a covered person receives through telehealth, which amount cannot exceed the amount applicable to those health care services when delivered through in-person care; and Telehealth includes health care services provided through HIPAA-compliant audio-visual communication or the use of a HIPAA-compliant application via a cellular telephone but does not include voice-only telephone communication or text messaging.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill updates certain limited terms in statute that refer to persons with intellectual and developmental disabilities or physical disabilities using insensitive or outdated terminology. The bill changes references as follows: 'Mentally retarded', 'mentally deficient person', and 'mental deficiency' or 'mentally deficient' to ' a person with an intellectual and developmental disability'; 'Mental defect' to 'mental illness'; and 'Physical defect' to 'physical disability'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For elections conducted under both the 'Uniform Election Code of 1992' (uniform code) and the 'Municipal Election Code of 1965' (municipal code), an elector who shows his or her ballot after it is prepared for voting in such a way as to reveal its contents, commonly known and referred to as a 'ballot selfie', is subject to a criminal misdemeanor penalty. Section 1 of the bill modifies the ballot selfie prohibition in the uniform code. Specifically, section 1 deletes existing language prohibiting a voter from showing his ballot after it is prepared for voting to any person in such a way as to reveal its contents. Under the bill, any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in the uniform code. The bill further provides that any voter makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image. The ability of a voter to exercise such right at a voter service and polling center (VSPC) or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such VSPC or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections. Section 2 of the bill makes parallel modifications to the municipal code as section 1 of the bill makes to the uniform code regarding ballot selfie requirements.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)