The bill requires a residential landlord: To provide each tenant with a copy of a written rental agreement signed by the parties; Upon receiving any payment made in person by a tenant with cash or a money order, to contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment; and Upon receiving any payment with cash or money order that is not delivered in person by a tenant and if requested by a tenant, to provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment. This requirement does not apply if there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment. The landlord may provide the tenant with an electronic copy of the agreement or the receipt, unless the tenant requests a paper copy. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires applicants for initial licensure or certification, as well as current licensees and certificate holders, to submit to a fingerprint-based criminal history record check for: Podiatrists ( sections 1 and 2 ); Dentists and dental hygienists ( sections 3 and 4 ); Medical doctors, physician assistants, and anesthesiologist assistants ( sections 5 and 6 ); Nurses ( sections 7 and 8 ); Certified nurse aides ( sections 12 and 13 ); Optometrists ( sections 16 through 18 ); and Veterinarians ( sections 19 through 21 ). Sections 9 and 10 of the bill establish standards for certain professional nurses, practical nurses, and retired volunteer nurses who suffer from a physical or mental illness or condition that renders the nurse unable to practice. Section 11 of the bill eliminates the nurse alternative to discipline program. Sections 14 and 15 of the bill require an employer of a certified nurse aide (CNA) to report any violation of the CNA practice act that results in a CNA being terminated from employment, including resignation in lieu of termination, within 30 days after the termination or resignation. The state board of nursing is authorized to fine an employer that fails to report the termination or resignation. Section 22 amends the 'Medical Transparency Act of 2010' to include a person applying for nurse licensure under the 'Enhanced Nurse Licensure Compact' within the definition of 'applicant'. Section 23 of the bill repeals the current 'Nurse Licensure Compact' and adopts the 'Enhanced Nurse Licensure Compact'. Section 24 appropriates $576,126 from the Colorado bureau of investigation identification unit fund to the department of public safety to implement the bill.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill repeals the interagency farm-to-school coordination task force (task force) and ends the terms of current members of the Colorado food systems advisory council (council). The bill provides for the appointment of new members to the council. The council's duties are to: Collaborate and coordinate with producers, relevant state and federal agencies, and consumers regarding linking Colorado producers, particularly specialty crop producers, with food and nutrition assistance programs; Collaborate with relevant state and federal agencies and other entities regarding the study, development, and recommendation of policies and methods to best implement the farm-to-school program; Collaborate with producers, relevant government agencies, educational institutions, nongovernmental organizations, and consumers regarding support for the recommendations in the Colorado blueprint for food and agriculture, and ensure that the blueprint, or its successor, is updated as needed; Conduct research regarding national best practices regarding food and nutrition assistance, direct and intermediated market development, and farm-to-school programs as well as other priorities determined by the council; Collaborate with, serve as a resource to, and receive input from local and regional food policy councils in the state; Explore methods of collecting and assessing statewide data relating to council activities and report the relevant information and data regarding council activities as required by current law; and Collaborate with the department of agriculture in leveraging existing domestic marketing programs that benefit Colorado agriculture. The bill extends the repeal of the council from September 1, 2018, to September 1, 2022. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 2 of the bill prohibits a person from serving on the public utilities commission if he or she: Has, within the immediately preceding 4 years, served as an officer or director of a regulated utility; or Has or acquires any official relation to, or financial interest in, a regulated utility. 'Financial interest' does not include passive ownership of stocks through a mutual fund or similar vehicle. Section 3 encourages the director of the commission to assign employees to temporary training and development sessions with other state agencies, particularly those with which the commission has frequent interaction, to improve the employees' substantive expertise and familiarity with the operations of those agencies. Section 3 also requires the director to keep audio records of the commission's proceedings and make them publicly available online. In addition, section 3 expressly authorizes the executive director of the department of regulatory agencies (of which the commission is a part) to request that the state auditor conduct performance audits of the commission and its staff and operations. Section 5 directs the commission to adopt rules concerning conflicts of interest, incompatible activities, and ex parte communications to govern the conduct of commission members, staff, and administrative law judges. Sections 1 and 4 make conforming amendments. Section 6 appropriates $22,812 to the department of regulatory agencies for legal services.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Joint Budget Committee. Under current law, the retail marijuana sales tax rate is scheduled to decrease on July 1, 2017, from 10% to 8%. The bill eliminates the reduction and keeps the tax rate at 10%.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill eliminates the cap on noneconomic damages for the wrongful death of a minor child. The bill clarifies that, for purposes of the wrongful death statutes, 'minor child' is defined using the general statutory definition of 'minor', which is 'any person who has not attained the age of twenty-one years'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill eliminates the requirement for a medical certificate for persons who drive for transportation network companies. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill mandates funding instruction in public schools of history and civil government of the United States and Colorado, including but not limited to the history, culture, and contributions of American Indians, Hispanic Americans, African Americans, and Asian Americans. Current law requires school districts to convene community forums to discuss the content standards in history and civil government at least once every 10 years. The bill requires the forums to be held at least every 2 years. The history, culture, and civil government in education commission is established to make recommendations to the state board of education when the state board performs the scheduled review of education standards in 2018 so those standards and programs accurately reflect the history, culture, and civil government of the United States and Colorado, including the contributions and influence of American Indians, Hispanic Americans, African Americans, and Asian Americans. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Transportation Legislation Review Committee. The bill prohibits a local government from imposing inspection requirements for underground petroleum storage tanks or charging inspection fees for the inspection of underground petroleum storage tanks. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law authorizes forced pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to force owners of oil and gas resources within the drilling unit who have not consented to the application (nonconsenting owners) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners' lack of consent. The bill specifies that: The hearing notice must be given at least 90 days before the hearing; Before entry of a pooling order, the prospective drilling unit operator must give the affected interest owners a clearly stated, concise, neutral explanation of the laws governing forced pooling; and The operators of drilling units shall, before commencing drilling operations, file an electronic report with the commission that states the number of nonconsenting owners and the percentage of acres that have been pooled, and the commission shall post the reports in a searchable database on its website.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, the maximum jail sentence for a class 2 misdemeanor, misdemeanors without a fixed statutory penalty, and municipal ordinance violations is one year. The bill changes the maximum jail sentence to 364 days. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
By March 31, 2018, and by each March 31 thereafter through March 31, 2020, the bill requires health insurers to submit to the commissioner of insurance (commissioner) information regarding pharmaceuticals covered under individual and group health insurance plans in prior years. Carriers are to report the following information, separately stated with regard to individual and group market segments: The total pharmaceutical costs, including cost-sharing amounts paid by insured persons, and the aggregate net pharmaceuticals costs, after negotiated rebates and discounts; The net cost of pharmaceuticals, expressed as a percentage of total medical costs; and A list of the drug classes of the 10 pharmaceuticals that were most dispensed and had the highest gross spending. The bill also requires carriers providing or administering state group benefit plans for state employees to report the pharmaceutical cost data. The commissioner is directed to aggregate and analyze the data and submit an annual report to the governor and specified legislative committees on trends in pharmaceutical drug costs in the insurance market, including most-prescribed and highest-cost pharmaceuticals. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill. The reporting requirements are repealed on January 31, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
