SENIOR LOBBY 2017

HB17-1026 Reverse Mortgage Repayment When Home Uninhabitable 
Comment: Kip Bishop
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Singer / M. Jones
Summary:

Wildfire Matters Review Committee. Under current law, the borrower in a reverse mortgage transaction is relieved of the obligation to occupy the subject property as a principal residence if the borrower is temporarily absent for up to 60 days or, if the property is adequately secured, up to one year. The bill directs the wildfire matters review committee to examine, in 2017, the circumstances giving rise to the introduced version of House Bill 17-1026, including the necessity and desirability of adding a third exception to the principal-residence requirement to cover situations in which a natural disaster or other serious incident beyond the borrower's control renders the property uninhabitable.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1045 Extend Home Care Allowance Grant Program 
Comment: Christina
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Young / K. Lambert
Summary:

The bill modifies the repeal date of the home care allowance grant program (program). The program will repeal when the revisor of statutes receives notice that there is a consumer-directed service delivery option available for homemaker, personal care, and medical support services for individuals who are receiving home-based and community-based services pursuant to the supported living services waiver.

The bill requires the executive director of the department of human services and the executive director of the department of health care policy and financing to notify the revisor of statutes when the triggering event occurs.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1067 Update National Standards Citations Accessible Housing 
Comment: Rich
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Thurlow / A. Kerr
Summary:

Statutory Revision Committee.

The bill amends references to an out-of-date version of a standard, formerly promulgated by the American national standards institute but now promulgated by the international code council, that governs construction of accessible housing.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/8/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1080 Requirements Durable Medical Equipment Suppliers 
Comment: Evelyn
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Young / J. Sonnenberg | L. Crowder
Summary:

The bill amends the definition of 'durable medical equipment supplier' to include a person or entity that bills or bids or plans to bill or bid in the current calendar year for services or products listed in the centers for medicare and medicaid services durable medical equipment, prosthetics, orthotics, and supplies in a current bidding program or pursuant to any successor bidding program..

The bill clarifies the requirements for a durable medical equipment supplier to do business in Colorado. For each of its physical locations providing services in Colorado, a durable medical equipment supplier must be licensed by the Colorado secretary of state and attest that each of its physical locations providing services in Colorado are within 100 miles of any Colorado-resident medicare beneficiary being served by the supplier in Colorado or any Colorado medicaid recipient who is being served by the provider in Colorado.

The bill includes language relating to licensing durable medical equipment suppliers that prohibits a supplier from meeting the requirements through a durable medical equipment warehouse or repair facility, but does allow a supplier to domicile a fully accredited facility within a durable medical equipment warehouse or repair facility.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/24/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1087 Office Of Public Guardianship Pilot Program 
Comment: Sharon, Kathleen, Anne, Karen, Charles
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Young / K. Lundberg
Summary:

The bill creates the office of public guardianship (office) within the judicial department to provide legal guardianship services to indigent and incapacitated adults who:

  • Have no responsible family members or friends who are available and appropriate to serve as a guardian;
  • Lack adequate resources to compensate a private guardian and pay the costs and fees associated with an appointment proceeding; and
  • Are not subject to a petition for appointment of guardian filed by a county adult protective services unit or otherwise authorized by law.

The office is established as a pilot program, to be evaluated and then continued, discontinued, or expanded at the discretion of the general assembly in 2021. On or before January 1, 2021, the director of the office shall submit a report to the judiciary committees of the senate and the house of representatives. The report, at a minimum, must:

  • Quantify, to the extent possible, Colorado's unmet need for public guardianship services for indigent and incapacitated adults;
  • Quantify, to the extent possible, the average annual cost of providing guardianship services to indigent and incapacitated adults;
  • Quantify, to the extent possible, the net cost or benefit, if any, to the state that may result from the provision of guardianship services to each indigent and incapacitated adult in each judicial district of the state;
  • Assess whether an independent statewide office of public guardianship is preferable and feasible;
  • Analyze costs and off-setting savings to the state from the delivery of public guardianship services; and
  • Provide uniform and consistent data elements regarding service delivery in an aggregate format that does not include any personal identifying information of any person.

The bill creates the public guardianship commission (commission) within the judicial department and charges the commission with appointing a director of the office. The director serves at the pleasure of the commission.

The bill creates the office of public guardianship cash fund (fund) in the state treasury. The fund consists of any money that the office receives from gifts, grants, or donations as well as any other money appropriated to the fund by the general assembly.

The bill requires the director of the office to develop rules to implement the pilot program.

The bill delays the creation of the pilot program and the appointment of the director of the pilot program until the fund receives at least $1,700,000 in gifts, grants, and donations.

The office and the fund are repealed, effective June 30, 2021.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1094 Telehealth Coverage Under Health Benefit Plans 
Comment: Diane
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: P. Buck | D. Valdez / L. Crowder | K. Donovan
Summary:

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.)

Status: 3/16/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1114 State Treasurer's Authority To Access PERA Public Employees' Retirement Association Information 
Comment: Eileen
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Everett / J. Tate
Summary:

Pursuant to current law, the state treasurer is a member of the board of trustees (board) of the public employees' retirement association (PERA). PERA's nonstatutory governance manual permits a trustee to make reasonable requests for information from PERA when the information is necessary for the purposes of fulfilling the trustee's duties as a member of the board. The governance manual also includes limitations on the nature of requests for information that a member of the board of trustees can make.

The bill authorizes the state treasurer, in his or her capacity as a member of the board of trustees and in furtherance of his or her fiduciary duties and obligations to the members and benefit recipients of PERA, to review all records or information within the custody and control of PERA. Upon request of the state treasurer, the executive director of PERA or the board is required to provide access to any records or information requested. Neither the executive director nor the board may deny the state treasurer's request for records or information based on the expenditure of staff time or the need to use outside resources to fill the request, or any other reason. The state treasurer is prohibited from using any records or information provided for personal use and PERA is required to keep certain information confidential when providing requested records or information to the state treasurer.


(Note: This summary applies to this bill as introduced.)

Status: 3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1115 Direct Primary Health Care Services 
Comment: Seth
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: P. Buck | J. Ginal / J. Kefalas | J. Tate
Summary:

The bill establishes parameters under which a direct primary care agreement (agreement) may be implemented. An agreement may be entered into between a direct primary health care provider (provider) and a patient for the payment of a periodic fee and for a specified period of time. The provider must be a licensed, registered, or certified individual or entity authorized to provide primary care services.

The bill establishes that the agreement is not the business of insurance or the practice of underwriting and does not fall under regulation of the division of insurance. The bill outlines the conditions under which a provider may discontinue care to a patient.


(Note: This summary applies to this bill as introduced.)

Status: 4/24/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1116 Continue Low-income Household Energy Assistance 
Comment: Rich, Karen
Position: Strongly Support
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(2) in senate calendar.
Sponsors: M. Hamner | T. Exum / B. Martinez Humenik
Summary:

Current law provides that the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the Colorado energy office low-income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill extends the conditional funding through the state fiscal year commencing July 1, 2023.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1121 Patient Safety Act 
Comment: Kelley, Brandi, Diane
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Buckner / N. Todd
Summary:

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.)

Status: 5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1126 Medicaid Appeal Review Legal Notice Requirements 
Comment: Kris, Diane
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Danielson | D. Michaelson Jenet / L. Crowder
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill requires the administrative law judge hearing medicaid appeals to review the legal sufficiency of the notice of action from which the recipient is appealing at the commencement of the appeal hearing if the notice of action concerns the termination or reduction of an existing benefit. If the notice is legally insufficient, the judge shall advise the appellant that he or she may waive the defense of insufficient notice and proceed to a hearing on the merits or may ask the judge to decide the appeal based on the judge's finding of insufficiency. The judge shall advise the appellant that a legally sufficient notice may be issued in the future and that the state may recoup benefits from the appellant.

The provisions of the bill apply to hearings conducted on and after a certain date.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1129 Technical Issues Filing Medicaid Appeals 
Comment: Kris
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Danielson / L. Crowder
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients.

The bill clarifies that a medicaid recipient (recipient) who files an appeal does not need to make an affirmative request to continue medicaid benefits during the appeal. The bill requires the department of health care policy and financing (department) to send the recipient written confirmation of continuing benefits. For a recipient who chooses not to continue receiving benefits during the appeal process, the form and electronic filing process for appeals must include a check box or other method to opt out of continuing benefits.

The bill requires the form and electronic filing process for appeals to include a check box or other method to request an accommodation to file the appeal or to participate in the hearing and to request the county or service delivery agency dispute resolution process.

Additionally, the electronic appeals filing website must allow the applicant or recipient to attach the number of documents sufficient to support the appeal along with the appeal form.


(Note: This summary applies to this bill as introduced.)

Status: 2/14/2017 House Committee on Public Health Care & Human Services Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1139 Medicaid Provider Compliance Billing Safety Rules 
Comment: Jeanette,Seth, Christina
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Landgraf | D. Michaelson Jenet / B. Martinez Humenik | J. Kefalas
Summary:

The bill subjects a provider of medicaid services to a civil monetary penalty if the provider improperly bills or seeks collection from a medicaid recipient or the estate of a medicaid recipient. The provider is also liable for a refund to the recipient of any amount unlawfully received from the recipient, including statutory interest, and for all amounts submitted to a collection agency in the name of the recipient. If, within 30 days, a provider voids the bill, returns any amounts unlawfully received, and makes every effort to resolve the collection action for the recipient, the provider is not subject to the penalties outlined in the bill. A provider is not subject to the penalties outlined in the bill if a person knowingly misrepresents his or her medicaid coverage status to the provider and the provider submits documentation relating to the misrepresentation. A provider may appeal the imposition of a civil monetary penalty.

In addition, the bill allows the department of health care policy and financing (department) to require a corrective action plan from any provider who fails to comply with rules, manuals, or bulletins issued by the department, the medical services board, or the department's fiscal agent or from a provider whose activities endanger the health, safety, or welfare of a medicaid recipient.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1143 Audits of Medicaid Client Correspondence 
Comment: Kris
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Landgraf / L. Crowder
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill directs the office of the state auditor (OSA) to conduct or cause to be conducted an audit of client correspondence, including letters and notices, sent to clients or potential clients in medicaid programs. The audits will be conducted in 2020 and 2023 and thereafter at the discretion of the state auditor.

Among other items set forth in the bill, the performance audits will review client correspondence for readability, understandability, and accuracy. In addition, the audits will review available county data regarding customer contacts relating to client confusion with client correspondence.

The OSA will report audit findings, conclusions, and recommendations to the legislative audit committee, the joint budget committee, the public health care and human services committee of the house of representatives, the health and human services committee of the senate, and the joint technology committee, or any successor committees.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1159 Remedies For Forcible Entry And Detainer 
Comment: Kris
Position: Strongly Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Becker / J. Cooke
Summary:

The bill adds to the current descriptions of forcible detainer the act of a person preventing an owner from access to or possession of property by locking or changing the lock on the property.

The bill creates a procedure for the plaintiff to seek a temporary, mandatory injunction giving the plaintiff possession of the property if a complaint for forcible entry or detainer is filed. The procedure requires the plaintiff to store any personal property found on the property but allows the plaintiff to recover the costs of the storage.

The bill establishes as new crimes related to forcible entry and detainer the crimes of unlawful occupancy and unlawful reentry.


(Note: This summary applies to this bill as introduced.)

Status: 4/27/2017 House Committee on Judiciary Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1169 Construction Defect Litigation Builder's Right To Repair 
Comment: Rich, Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Leonard / J. Tate
Summary:

The bill clarifies that a construction professional has the right to receive notice from a prospective claimant concerning an alleged construction defect; to inspect the property; and then to elect to either repair the defect or tender an offer of settlement before the claimant can file a lawsuit seeking damages.


(Note: This summary applies to this bill as introduced.)

Status: 3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1175 Domestic Violence Awareness Barbers Cosmetologists 
Comment: Jeanette, Kelley, Christina
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: E. Hooton / R. Fields
Summary:

The bill requires barbers, hairstylists, cosmetologists, estheticians, and nail technicians, as part of the requirement to renew their professional licenses, to take a one-time training course for one hour on domestic violence and sexual assault awareness. The bill does not impose a mandatory reporting requirement on these professionals and specifically grants them immunity from civil and criminal liability for reporting or failing to report potential domestic violence or sexual assault. The director of the division of professions and occupations in the department of regulatory agencies, in consultation with one or more statewide organization with a primary purpose of serving victims of domestic violence or sexual assault, shall promulgate rules establishing standards for the training course.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/12/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1176 PERA Public Employees' Retirement Association Retirees Employed By Rural School Districts 
Comment: Eileen
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Becker | B. McLachlan / J. Sonnenberg
Summary:

Current law allows a service retiree of any division of the public employees' retirement association (PERA) to work for a PERA employer for limited periods and to receive a salary without reduction in benefits under certain circumstances. Several rural school districts in the state have recently experienced a shortage of teachers, school bus drivers, and school food services cooks and would ideally address the shortages by hiring service retirees. PERA's employment after retirement provisions, including the limitation on the number of days in a calendar year that a service retiree may work for a PERA employer without a reduction in benefits, make it difficult for school districts to fill their vacancies with retired teachers, school bus drivers, and school food services cooks.

The bill modifies the current PERA employment after retirement provisions for certain retirees hired by an employer in the school division if:

  • The employer that hires the service retiree is a rural school district as determined by the department of education based on certain criteria and the school district enrolls 6,500 students or fewer in kindergarten through 12th grade;
  • The school district hires the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district or for the purpose of being a school food services cook; and
  • The school district determines that there is a critical shortage of qualified teachers, school bus drivers, or school food services cooks, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district.

A service retiree who is a teacher, a school bus driver, or a school food services cook and who is hired by an employer in the school division that satisfies the criteria above may receive salary without a reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any PERA employer during the month of the effective date of retirement.

In addition, the bill requires the employer that hires the service retiree to provide full payment of all PERA employer contributions, disbursements, and working retiree contributions. The bill also specifies that a service retiree who is a teacher, school bus driver, or food services cook and who is hired by an employer in the school division:

  • Is not required to resume PERA membership;
  • Will not receive a PERA health care premium subsidy;
  • Is eligible to participate in the health plan offered by the employer;
  • May not receive salary without reduction in benefits and without limitation in a calendar year for more than 6 consecutive years; and
  • May not be employed by the school district from which he or she retired until 2 years after retirement if he or she retired without a full service retirement benefit.

By December 1, 2020, PERA is required to submit a report including specified information to the general assembly regarding the additional employment after retirement provisions for teachers, school bus drivers, and food services cooks.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1187 Change Excess State Revenues Cap Growth Factor 
Comment: Rich
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Thurlow / L. Crowder
Summary:

In 2005, voters approved Referendum C, which is a voter-approved revenue change to the TABOR fiscal year spending limit. Under the referendum, the state is permitted to retain and spend all state revenues up to the excess state revenues cap. The excess state revenues cap is adjusted annually for inflation and population changes, among other things.

The bill modifies the excess state revenues cap by allowing an annual adjustment for an increase based on the average annual change of Colorado personal income over the last 5 years, rather than adjusting for inflation and population. Colorado personal income is the total personal income for Colorado as reported by a federal agency. As the modification may increase the amount that the state retains and spends in a given fiscal year, the bill seeks voter approval for the change, as required by TABOR.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1188 Harassment Sexual Orientation Or Disability 
Comment: Jeanette
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Foote / D. Coram | D. Moreno
Summary:

Colorado's law concerning bias-motivated crimes prohibits the intimidation or harassment of another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation. However, Colorado's harassment statute makes harassment a class 1 misdemeanor if the offender commits harassment with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, or national origin.

The bill adds physical or mental disability and sexual orientation to the categories described in the harassment statute to make the statute consistent with Colorado's law concerning bias-motivated crimes.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/3/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1191 Demographic Notes For Certain Legislative Bills 
Comment: Jeanette, Ed
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Herod | K. Becker / K. Donovan
Summary:

The bill requires the staff of the legislative council to prepare demographic notes on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 demographic notes each, or more at the discretion of the director of research of the legislative council.

The bill requires the staff of the legislative council to meet with the member of leadership requesting the demographic note and with the sponsor of the legislative bill to discuss whether a demographic note can practically be completed for that legislative bill. If not, the member of leadership may request a demographic note, within the limits specified in the bill, on a different legislative bill that might be more conducive to a demographic note's analysis.

A demographic note is defined as a note that uses available data to outline the potential disparate effects of a legislative measure on various populations within the state. Populations may be identified by race, gender, disability, age, geography, income, or any other relevant characteristic for which data are available.

The bill requires the director of research to develop the procedures for requesting, completing, and updating the demographic notes and to memorialize the procedures in a letter to the executive committee of the legislative council.

Finally, the bill requires each state department, agency, or institution to cooperate with and provide information for a demographic note of a legislative bill in the manner requested by the staff of the legislative council.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/4/2017 Senate Committee on Finance Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1222 Create Family Caregiver Support Fund Tax Check-off 
Comment: Steve
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Landgraf / B. Gardner
Summary:

The bill creates the family caregiver support 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 (department) certifies to the revisor of statutes that:

  • There is a space available on the form; and
  • The fund is next in the queue.

Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering moneys designated for the fund. After that amount is deducted, the moneys remaining in the fund at the end of a fiscal year are transferred to Easter Seals Colorado, a nonprofit organization.

Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1242 New Transportation Infrastructure Funding Revenue 
Comment: Rich
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham
Summary:

Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:

  • $375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten-year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and
  • Of the remaining new sales and use tax revenue:
  • 70% to counties and municipalities in equal total amounts; and
  • 30% to a multimodal transportation options fund created in section 22.

If the voters approve the ballot question:

  • Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund.
  • Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid;
  • The new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality;
  • Section 10 repeals an existing late vehicle registration fee.
  • Section 12 requires CDOT to evaluate options for more flexible use of high-occupancy vehicle and high-occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018.
  • Section 14 repeals the existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes or transit-related capital improvements and limits the use of new state sales and use tax revenue for toll highways;
  • Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account;
  • Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding; except that small local governments and transit agencies may provide 20% matching money.
  • Section 22 also requires CDOT to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology;
  • Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20;
  • Section 21 reduces the state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced.
  • Section 18 requires CDOT to annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and to post the reports and certain user-friendly project-specific information on its website; and
  • Section 20 creates a transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the TLRC regarding its activities and findings.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/25/2017 Senate Committee on Finance Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1246 ST-elevation Myocardial Infarction Task Force Recommendations Heart Attack Care 
Comment: Jeanette
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Kraft-Tharp / L. Garcia | J. Tate
Summary:

In 2013, the general assembly enacted SB 13-225, which established a task force in the department of public health and environment (department) to study and make recommendations for developing a statewide plan to improve quality of care to STEMI heart attack patients. ('STEMI' is an acronym for ST-elevation myocardial infarctions.) The study was to explore, among other things, the creation of a database for collecting data on STEMI care and access to aggregated STEMI data from the database for purposes of improving STEMI heart attack care.

The bill implements the following recommendations of the task force, with some modifications:

  • Requires a hospital that is accredited as a STEMI receiving center to report to a specified national heart attack database data that is consistent with nationally recognized guidelines on individuals with confirmed heart attacks within the state;
  • Within 30 days after receiving quarterly reports from the heart attack database, requires hospitals to submit those reports to the department;
  • Specifies that reports obtained by the department are privileged and strictly confidential, are not subject to subpoena or discovery, and are not admissible in a civil, criminal, or administrative proceeding; and
  • Requires the department to sign a letter of commitment with the American College of Cardiology to ensure compliance with the confidentiality requirements and to request national reporting measures and metrics for benchmarking data.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/18/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1253 Protect Seniors From Financial Abuse 
Comment: Kip, Kelley,Rich,John
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Danielson / L. Crowder
Summary:

The bill requires that if certain licensed securities professionals (qualified individuals), while acting within the scope of their employment, reasonably suspect that an elderly or at-risk person is the subject of financial exploitation, the broker-dealer or investment adviser shall report the suspected financial exploitation to the commissioner of securities (commissioner). The commissioner is required to forward the report to local law enforcement and to the county department of human or social services. The commissioner has access to records to conduct an investigation, but the records are not subject to an open records request.

The bill also authorizes the qualified individual to notify any third party designated by or associated with the elderly or at-risk person of any suspected financial exploitation. It also authorizes the broker-dealer or investment adviser to delay disbursement of a transaction that might result in financial exploitation.

The bill provides immunity to qualified individuals, broker-dealers, and investment advisers making reports, disclosures, or delaying disbursements under the bill.

For qualified individuals who are also required to report mistreatment of an elderly or at-risk person pursuant to the 'Colorado Criminal Code' (code), the bill clarifies that, if the individual makes a report pursuant to the code, the individual does not have to submit a report with the commissioner, and that filing a report with the commissioner does not satisfy the individual's obligation pursuant to the code.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/2/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1264 PACE Ombudsman Program Add Local Ombudsmen 
Comment: Jeanette, Christina
Position: Strongly Support
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(17) in senate calendar.
Sponsors: J. Ginal | P. Lawrence / B. Martinez Humenik | C. Jahn
Summary:

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.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1279 Construction Defect Actions Notice Vote Approval 
Comment: Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Garnett | L. Saine / J. Tate | L. Guzman
Summary:

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners based on a defect in construction work not ordered by the HOA itself, the board must:

  • Notify all unit owners and the developer or builder against whom the lawsuit is being considered;
  • Call a meeting at which the executive board and the developer or builder will have an opportunity to present relevant facts and arguments and the developer or builder may, but is not required to, make an offer to remedy the defect; and
  • Obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

The meeting of unit owners commences a 90-day voting period during which the HOA will accept votes for or against proceeding with the lawsuit. Statutes of limitation are tolled during this period. The HOA is required to keep copies of its mailing list and maintain records of the votes received. The voting period may end in less than 90 days if sufficient votes are received to approve the lawsuit before 90 days have elapsed.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/25/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1284 Data System Check For Employees Serving At-risk Adults 
Comment: Kelley, Jeanette, Diane
Position: Strongly Support
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(16) in senate calendar.
Sponsors: S. Lontine / I. Aguilar | B. Gardner
Summary:

The bill establishes a state-level program (program) within the department of human services (department) for a check of the department's Colorado adult protective services (CAPS) data system. The CAPS check verifies whether a person is substantiated in a case of mistreatment of an at-risk adult, as defined in the bill. A person must be substantiated in a case of mistreatment of an at-risk adult, and the administrative appeals process must be concluded, before the person's name is included in a CAPS check for an employer.

On and after a date stated in the bill, the bill requires certain employers at facilities or programs that serve at-risk adults to request a CAPS check prior to hiring employees who will provide direct care, as defined in the bill, to at-risk adults.

The bill grants immunity from civil liability for employers who make an employment decision based upon the information obtained in the CAPS check, unless the employer knows that the information is false.

The bill requires the department to promulgate rules relating to the investigation of reports of mistreatment of at-risk adults and the notification of perpetrators of the finding and of the right to administrative appeal to the department. The department shall provide training to county departments of human or social services relating to investigations, the accurate entry of documentation into CAPS, and confidentiality of information.

Further, the department shall promulgate rules concerning the process and procedures for the CAPS check, including rules relating to submitting a CAPS check request, the timeline for completion of a CAPS check, the employer-paid fee for each check, department personnel granted access to CAPS, information provided to an employer as part of a CAPS check, the consequences of the improper release of the information in CAPS, and the expungement of records in CAPS.

A person who improperly releases or willfully permits the release of CAPS information to persons not entitled to access to the information pursuant to the program commits a class 1 misdemeanor.

The list of employers required to request a CAPS check includes:

  • Health facilities licensed by the department of public health and environment;
  • An adult day care facility;
  • A community integrated health care service agency;
  • A community-centered board or service agency;
  • A single entry point agency;
  • An area agency on aging;
  • A facility operated by the department for persons with mental illness;
  • A facility operated by the department for persons with intellectual and developmental disabilities; and
  • A veterans community living center.

County departments of human or social services are required to conduct a CAPS check of adult protective services employees. The department is authorized to assess a fee for each CAPS check sufficient to cover certain expenses, including those related to the CAPS check.

The bill includes conforming amendments concerning the CAPS check requirement in statutes relating to employers subject to the requirement.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/31/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1290 Colorado Secure Savings Plan 
Comment: Kris, Jeanette
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Buckner | B. Pettersen / N. Todd | K. Donovan
Summary:

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.)

Status: 4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1293 Local Government Officials On Nonprofit Boards 
Comment: Seth, Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Melton / N. Todd
Summary:

The bill specifies that it is neither a conflict of interest nor a breach of fiduciary duty or the public trust for a local government official to serve on the board of directors of a nonprofit entity. A local government official who serves on the board of directors of a nonprofit entity shall publicly announce his or her relationship with the nonprofit entity before voting on a matter that provides a direct and substantial economic benefit to the nonprofit entity.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/2/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1305 Limits On Job Applicant Criminal History Inquiries 
Comment: Kris, Jeanette
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Melton | M. Foote / L. Guzman
Summary:

The bill applies to employers with 15 or more employees and prohibits those employers from:

  • Advertising that a person with a criminal history may not apply for a position;
  • Placing a statement in an employment application that a person with a criminal history may not apply for a position; or
  • Making an inquiry about an applicant's criminal history on an initial application.

An employer may obtain a job applicant's criminal background report at any time.

An employer is exempt from the restrictions on advertising and initial employment applications when:

  • The law prohibits a person who has a particular criminal history from being employed in a particular job;
  • The employer is participating in a program to encourage employment of people with criminal histories; or
  • The employer is required by law to conduct a criminal history record check for the particular position.

The department of labor and employment is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action, and the bill does not create a protected class under employment antidiscrimination laws. The department is directed to adopt rules regarding procedures for handling complaints against employers.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1307 Family And Medical Leave Insurance Program Wage Replacement 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: F. Winter / D. Moreno | R. Fields
Summary:

The bill creates the family and medical leave insurance (FAMLI) program in the division of family and medical leave insurance (division) in the department of labor and employment (department) to provide partial wage-replacement benefits to an eligible individual who takes leave from work to care for a new child or a family member with a serious health condition or who is unable to work due to the individual's own serious health condition.

Each employee in the state will pay a premium determined by the director of the division by rule, which premium is based on a percentage of the employee's yearly wages and must not exceed .99%. The premiums are deposited into the family and medical leave insurance fund from which family and medical leave benefits are paid to eligible individuals. The director may also impose a solvency surcharge by rule if determined necessary to ensure the soundness of the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR).


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1309 Documentary Fee To Fund Affordable Housing 
Comment: Diane, Rich
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: F. Winter | D. Jackson / D. Coram | L. Guzman
Summary:

Currently, when the total consideration paid by the purchaser in a real property transaction exceeds $500, the county clerk and recorder collects a one cent documentary fee for each $100 of such consideration for the recording of real estate deeds or other instruments in writing.

Section 1 of the bill raises the fee to 2 cents commencing January 1, 2018.

Section 2 specifies that 50% of the moneys generated from the imposition of the total fee must be deposited with the county treasurer at least once each month and credited by him or her in the manner prescribed by law and the remaining 50% of the moneys generated from the imposition of the fee must be transmitted by the county treasurer to the Colorado housing and finance authority (authority) at least once each month to be credited to the statewide affordable housing investment fund (fund).

Section 3 creates the fund in the authority. The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund.

All moneys in the fund must be expended for the purpose of supporting new or existing programs that:

  • Facilitate the construction or rehabilitation of housing containing residential units designated as affordable housing; and
  • Provide financial assistance to any nonprofit entity and political subdivision that makes loans to households to enable the financing, purchase, or rehabilitation of residential units.

The bill defines 'affordable housing' to mean housing that is designed to be affordable for households with an income that is:

  • Up to 80% of the area median income for rental occupancy; and
  • Up to 110% of the area median income for home ownership.

This section of the bill also specifies the intent of the general assembly that, of the moneys made available to the authority to support the programs supported by the bill, the authority shall direct that a portion of such moneys be expended on programs in counties with a total population of 175,000 or fewer residents.

New or existing programs supported by the fund are to be administered by the authority. The authority may determine how best to allocate and expend the portion of moneys deposited into the fund that support the programs that it administers under the bill.

Section 3 also requires the authority to prepare a report, no later than November 1, 2021, and no later than November 1 of the last year of each 3-year period thereafter, specifying the use of the fund during the prior 3-year period.. The report must include information on all moneys allocated to, and expended from, the fund. The bill requires the department of local affairs to include a summary of the report in its departmental presentation to its oversight committee of reference made pursuant to the 'SMART Act' in connection with the departmental presentation made in the year following the calendar year in which the authority has prepared a report.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1310 Residential Landlord Application Screening Fee 
Comment: Kris, Seth
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Jackson | C. Kennedy / S. Fenberg
Summary:

With respect to an application screening fee that a landlord may charge a prospective tenant, the bill:

  • Limits the fee to cover the landlord's actual costs;
  • Requires the landlord to provide any person who has paid the fee with either a disclosure of the landlord's anticipated expenses for which the fee will be used or a receipt that itemizes the landlord's actual expenses incurred. The landlord may provide the person with an electronic receipt, unless the person requests a paper receipt.
  • Requires the landlord to return any amount of the fee that is not used as authorized by law; and
  • Establishes a penalty for a landlord that does not comply with the requirements related to the fee.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1312 Residential Lease Copy And Rent Receipt 
Comment: Kris
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Benavidez | T. Exum / B. Martinez Humenik | D. Moreno
Summary:

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.)

Status: 5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1314 Colorado Right To Rest Act 
Comment: Rich, Fran
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Salazar | J. Melton
Summary:

The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces, to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services for persons experiencing homelessness to provide shelter or services when none are available.
(Note: This summary applies to this bill as introduced.)

Status: 4/19/2017 House Committee on Local Government Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

HB17-1318 Division Of Insurance Annual Report Pharmaceutical Costs Data 
Comment: Ed, Kelley, Diane
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Ginal / D. Coram | J. Kefalas
Summary:

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.)

Status: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1322 Domestic Violence Reports By Medical Professionals 
Comment: Bob, Muriel, Diane
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Esgar | L. Landgraf / K. Lundberg | K. Donovan
Summary:

Current law requires any licensed physician, physician assistant, or anesthesiologist assistant (licensee) who attends or treats any of certain injuries, including injuries resulting from domestic violence, to report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located.

The bill states that a licensee is not required to report an injury that the licensee has reason to believe involves an act of domestic violence if:

  • The victim of the injury is at least 18 years of age and indicates his or her preference that the injury not be reported;
  • The injury is not an injury that the licensee is otherwise required to report; and
  • The injury is not a serious bodily injury.

When a licensee declines to report an injury that he or she has reason to believe resulted from domestic violence pursuant to the victim's expressed preference, the licensee shall document the victim's request in the victim's medical record.

Before a licensee reports an injury that he or she has reason to believe resulted from domestic violence, the licensee shall make a good-faith effort, confidentially, to advise the victim of the licensee's intent to do so.

If a licensee has reason to believe that an injury resulted from domestic violence, then, regardless of whether the licensee reports the injury to law enforcement, the licensee shall either refer the victim to a victim's advocate or provide the victim with information concerning services available to victims of abuse. A licensee who, in good faith, refers a victim to a victim's advocate or provides a victim with information concerning services available to victims of abuse is not civilly liable for any act or omission of the victim's advocate or of any agency that provides such services to the victim.

Under current law, any licensee who, in good faith, makes such a report of an injury is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. The bill states that a licensee who does not make a report under the new conditions described in the bill is also immune to such liability.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1350 Pharmacist Partial Fill Opioid Prescription 
Comment: Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Liston | B. Pettersen / C. Jahn | J. Smallwood
Summary:

The bill:

  • Allows a pharmacist to dispense a schedule II opioid in a lesser amount than the prescribed amount if certain circumstances are met;
  • Limits the time that the remaining portions of a partially filled prescription for a schedule II opioid drug may be filled; and
  • Directs a pharmacist partially filling a prescription for a schedule II opioid to retain the original prescription at the pharmacy, report the partial fill to the prescription drug monitoring program, and notify the prescribing health care provider that the prescription was partially filled.
    (Note: This summary applies to this bill as introduced.)

Status: 5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

HB17-1354 Collection Of Delinquent Taxes On Mobile Homes 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Becker / K. Priola | J. Kefalas
Summary:

Mobile homes are homes built prior to the passage of the 'National Manufactured Housing Construction and Safety Standards Act of 1974', and manufactured homes are homes built after its passage. Mobile or manufactured homes that are affixed to the ground, and are therefore no longer capable of being moved, have a certificate of permanent location and are valued, taxed, and subject to tax collection in the same manner as all other real property. Mobile or manufactured homes that are not affixed to the ground, and are therefore capable of being moved, have a certificate of title and are valued and taxed as real property but subject to the collection of taxes like personal property.

Current law requires that when taxes are delinquent on personal property, the county treasurer must enforce the collection of delinquent taxes by commencing a court action or by distraining, seizing, and selling the property. This includes mobile or manufactured homes that are not affixed to the ground. The bill modifies the county treasurer's duties in connection with the collection of delinquent taxes on such mobile or manufactured homes that are not affixed to the ground. Specifically, the bill makes the process to enforce the collection of delinquent taxes on mobile or manufactured homes that are not affixed to the ground permissive, and therefore gives the county treasurer more flexibility to enter into partial payment agreements with the owners of such mobile or manufactured homes. The bill authorizes the county treasurer to declare tax liens on mobile or manufactured homes that are not affixed to the ground as county-held to address title deficiencies in conjunction with the collection of taxes. In addition, the bill authorizes the county treasurer to withhold tax liens on mobile or manufactured homes that are not affixed to the ground from being sold to investors.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/22/2017 Sent to the Governor
Fiscal Notes:

Fiscal Note

Amendments:

SB17-003 Repeal Colorado Health Benefit Exchange 
Comment: Seth Greiner
Position: Strongly Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Smallwood / P. Neville
Summary:

In 2010, pursuant to the enactment of federal law that allowed each state to establish a health benefit exchange option through state law or opt to participate in a national exchange, the general assembly enacted the 'Colorado Health Benefit Exchange Act' (act). The act created the state exchange, a board of directors (board) to implement the exchange, and a legislative health benefits exchange implementation review committee to make recommendations to the board. The bill repeals the act, effective January 1, 2018, and allows the exchange to continue for one year for the purpose of winding up its affairs. The bill also requires the board, on the last day of the wind-up period, to transfer any unencumbered money that remains in the exchange to the state treasurer, who shall transfer the money to the general fund.


(Note: This summary applies to this bill as introduced.)

Status: 5/8/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-004 Access To Providers For Medicaid Recipients 
Comment: Seth, Christina, Jeanette
Position: Strongly Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Tate / C. Wist
Summary:

Under current law, recipients of services under the Colorado medical assistance program (medicaid) are not responsible for the cost of services by a medical provider or the cost remaining after payment by medicaid or another private insurer, regardless of whether the medical provider is enrolled in the medicaid program, unless the medical services provided are nonreimbursable by medicaid. The bill amends the statute so that the prohibition on charging medicaid recipients for medical services applies only if the medical provider is enrolled in medicaid.

Prior to providing medical services to a medicaid recipient, a nonenrolled provider must enter into a written agreement with the recipient as specified in the bill. If the requirements are met, the medicaid recipient would be responsible for the cost of the medical services.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/19/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-011 Study Transportation Access For People With Disabilities 
Comment: Ky & Bob
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Lambert / P. Lawrence
Summary:

The bill creates a technical demonstration forum consisting of eight members to study and document how advanced technologies can improve transportation access for people with disabilities. The forum consists of the following agency officers or their designees:

  • The executive director of the department of labor and employment, who serves as chair of the forum;
  • The executive director of the department of health care policy and financing, who serves as vice-chair of the forum;
  • The director of the public utilities commission;
  • The chief information officer of the office of information technology;
  • The executive director of the department of human services;
  • The director of the division of veterans affairs;
  • The superintendent of the Colorado school for the deaf and the blind; and
  • The executive director of the department of transportation.

To demonstrate the transportation access needs of people with disabilities in both urban and rural areas of the state, the forum is directed to study the transportation access needs of people with disabilities in El Paso and Teller counties and explore technological and transportation business solutions that could increase transportation access for people with disabilities in those areas. The forum may recommend that the executive director of the department of labor and employment enter into a contract with a technology developer or transportation business to conduct one or more pilot projects in El Paso County, Teller County, or both counties to demonstrate the efficacy of a certain technology or transportation business product to improve transportation access for people with disabilities.

On or before December 31, 2017, the forum is required to publish a report of its research and findings, including the results of any pilot projects and any legislative recommendations developed, and to furnish copies of the report to the governor, members of the general assembly's majority and minority leadership, and the members of the joint budget committee.

The forum and its responsibilities are repealed, effective July 1, 2018.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-022 Rural Economic Advancement Of Colorado Towns 
Comment: Steve,Karen
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Donovan
Summary:

The bill authorizes the executive director of the department of local affairs (department) or the executive director's designee to coordinate the provision of nonmonetary resources to assist with job retention or creation in a rural community experiencing a significant economic event, such as a plant closure or layoffs, including industry-wide layoffs, that has a significant, quantifiable impact on jobs within that community.

The bill also authorizes the executive director of the department or the executive director's designee to award money to qualifying rural communities experiencing a significant economic event and creates the rural economic advancement of Colorado towns fund (fund), to be administered by the executive director of the department for grant-making purposes over the next 3 years. For the 2017-18, 2018-19, and 2019-20 state fiscal years, $500,000 is transferred each year from the general fund to the fund and the money in the fund is continuously appropriated to the department.


(Note: This summary applies to this bill as introduced.)

Status: 2/14/2017 Senate Committee on Finance Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-037 Measure Voter Service And Polling Centers Wait Times 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Fenberg
Summary:

For any county with at least 25,000 active electors, the bill requires the county clerk and recorder to measure and report the amount of time it takes to vote at each voter service and polling center in a general election. The bill also directs the secretary of state to promulgate rules that provide for uniform data-gathering and reporting.


(Note: This summary applies to this bill as introduced.)

Status: 1/25/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-043 Transportation Network Company Drivers Medical Certificate Not Required 
Comment: Kris, Steve
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: O. Hill | D. Moreno / P. Neville | D. Pabon
Summary:

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.)

Status: 5/3/2017 House Committee on Transportation & Energy Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-045 Construction Defect Claim Allocation Of Defense Costs 
Comment: Kip, Ed, John
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Williams | K. Grantham / C. Wist | C. Duran
Summary:

In a construction defect action in which more than one insurer has a duty to defend a party, the bill requires the court to apportion the costs of defense, including reasonable attorney fees, among all insurers with a duty to defend. An initial order apportioning costs must be made within 90 days after an insurer files its claim for contribution, and the court must make a final apportionment of costs after entry of a final judgment resolving all of the underlying claims against the insured. An insurer seeking contribution may also make a claim against an insured or additional insured who chose not to procure liability insurance for a period of time relevant to the underlying action. A claim for contribution may be assigned and does not affect any insurer's duty to defend.


(Note: This summary applies to this bill as introduced.)

Status: 5/9/2017 Senate Committee on Appropriations Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-057 Colorado Healthcare Affordability & Sustainability Enterprise 
Comment: Rich, Kris
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Guzman
Summary:

The bill creates the Colorado healthcare affordability and sustainability enterprise (enterprise) as a type 2 agency and government-owned business within the department of health care policy and financing (HCPF) for the purpose of participating in the implementation and administration of a state Colorado healthcare affordability and sustainability program (program) on and after July 1, 2017, and creates a board consisting of 13 members appointed by the governor with the advice and consent of the senate to govern the enterprise. The business purpose of the enterprise is, in exchange for the payment of a new healthcare affordability and sustainability fee (fee) by hospitals to the enterprise, to administer the program and thereby support hospitals that provide uncompensated medical services to uninsured patients and participate in publicly funded health insurance programs by:

  • Participating in a federal program that provides additional matching money to states;
  • Using fee revenue, which must be credited to a newly created healthcare affordability and sustainability fee fund and used solely for purposes of the program, and federal matching money to:
  • Reduce the amount of uncompensated care that hospitals provide by increasing the number of individuals covered by publicly funded health insurance; and
  • Increase publicly funded insurance reimbursement rates to hospitals; and
  • Providing or contracting for or arranging advisory and consulting services to hospitals and coordinating services to hospitals to help them more effectively and efficiently participate in publicly funded insurance programs.

The bill does not take effect if the federal centers for medicare and medicaid services determine that it does not comply with federal law.

The enterprise is designated as an enterprise for purposes of the taxpayer's bill of rights (TABOR) so long as it meets TABOR requirements. The primary powers and duties of the enterprise are to:

  • Charge and collect the fee from hospitals;
  • Leverage fee revenue collected to obtain federal matching money;
  • Utilize and deploy both fee revenue and federal matching money in furtherance of the business purpose of the enterprise;
  • Issue revenue bonds payable from its revenues;
  • Enter into agreements with HCPF as necessary to collect and expend fee revenue;
  • Engage the services of private persons or entities serving as contractors, consultants, and legal counsel for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, including the provision of additional business services to hospitals; and
  • Adopt and amend or repeal policies for the regulation of its affairs and the conduct of its business.

The existing hospital provider fee program is repealed and the existing hospital provider fee oversight and advisory board is abolished, effective July 1, 2017.

The bill specifies that so long as the enterprise qualifies as a TABOR-exempt enterprise, fee revenue does not count against either the TABOR state fiscal year spending limit or the referendum C cap, the higher statutory state fiscal year spending limit established after the voters of the state approved referendum C in 2005. The bill clarifies that the creation of the new enterprise to charge and collect the fee is the creation of a new government-owned business that provides business services to hospitals as an enterprise for purposes of TABOR and related statutes and does not constitute the qualification of an existing government-owned business as a new enterprise that would require or authorize downward adjustment of the TABOR state fiscal year spending limit or the referendum C cap.


(Note: This summary applies to this bill as introduced.)

Status: 3/21/2017 Senate Committee on Finance Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-064 License Freestanding Emergency Departments 
Comment: Steve, Brandi, Jeanette
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Kefalas / S. Lontine
Summary:

The bill creates a new license, referred to as a 'freestanding emergency department license', for the department of public health and environment to issue on or after July 1, 2019, to a health facility that provides emergency and urgent care and is either independent from and not affiliated with or located in a hospital or is operated by a hospital at a location off the hospital's main campus. The state board of health is to adopt rules regarding the new license, including rules to set licensure requirements and fees, safety and care standards, staffing requirements, fee transparency requirements, and other areas related to the operation of freestanding emergency departments. To qualify for a license, a facility must provide claims and billing data to health insurers and must be able to triage patients to determine the level of care they require.

Starting on the date the bill takes effect through June 30, 2019, the department is prohibited from issuing a new license to a person to operate a freestanding health facility that provides emergency care, whether independent from or operated by a hospital, unless the facility will serve an area of the state that has limited access to emergency care.

Additionally, the bill requires a health facility that is operating as a freestanding emergency department under current law to:

  • Submit data to insurers to enable reporting of claims and billing data from freestanding emergency departments;
  • Differentiate in a patient's billing statement the facility fee, professional fee, and ancillary service charges; and
  • Post on its website a current facility fee schedule that indicates the range of facility fees that a patient may be charged and a list of health benefit plans or products for which the facility and its health care providers are in-network or out-of-network.
    (Note: This summary applies to this concurrent resolution as introduced.)

Status: 2/8/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-065 Transparency In Direct Pay Health Care Prices 
Comment: Kelley
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Lundberg / S. Lontine
Summary:

The bill creates the 'Transparency in Health Care Prices Act', which requires health care professionals and health care facilities to make available to the public the health care prices they assess directly for common health care services they provide. Health care professionals and facilities are not required to submit their health care prices to any government agency for review or approval. Additionally, the act prohibits health insurers, government agencies, or other persons or entities from penalizing a health care recipient, provider, facility, employer, or other person or entity who pays directly for health care services or otherwise exercises rights under or complies with the act. The bill takes effect January 1, 2018.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-075 Income Tax Deduction For Military Retirement Benefits 
Comment: Bob
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Crowder / L. Landgraf | J. Danielson
Summary:

The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions (deductions) that are used to determine Colorado taxable income, which amount is multiplied by the state's 4.63% income tax rate. Currently, a person who is 55-64 years old may deduct up to $20,000 of retirement benefits from federal taxable income, and a person who is 65 years old or older may deduct up to $24,000. These limits apply to retirement benefits from all sources, including those related to service in the military.

The bill creates an additional deduction under which a person of any age may deduct a percentage of military retirement benefits from his or her state income tax. In 2018, the percentage is equal to 10%, and it increases by 10% each year thereafter until all military retirement benefits are exempt. All other retirement benefits and military retirement benefits in excess of the limit for the new deduction continue to be deductible under the existing deduction, subject to the existing limits on ages and amounts.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/26/2017 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-081 Rural Broadband Deployment 
Comment: Steve
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Donovan / K. Becker | J. Arndt
Summary:

Section 1 of the bill updates the definition of a broadband network for purposes of telecommunications regulation and deregulation.

Section 2 updates how the public utilities commission (commission) makes an effective competition determination for high cost support mechanism (HCSM) funding, which is financial assistance provided to telecommunications companies that provide basic telephone service or broadband service in areas that lack effective competition.

Section 3 establishes that HCSM funding cannot be used to support more than one wireline and one wireless line per individual household or individual business.


(Note: This summary applies to this bill as introduced.)

Status: 2/22/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-084 Coverage For Drugs In A Health Coverage Plan 
Comment: Jeanette, Diane
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: C. Jahn / D. Esgar | J. Singer
Summary:

The bill prohibits a health insurance carrier from excluding or limiting a drug for an enrollee in a health coverage plan if the drug was covered at the time the enrollee enrolled in the plan. A carrier may not raise the costs to the enrollee for the drug during the enrollee's plan year.


(Note: This summary applies to this bill as introduced.)

Status: 2/9/2017 Senate Committee on Health & Human Services Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-085 Increase Documentary Fee & Fund Attainable Housing 
Comment: Ed, Rich
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Zenzinger
Summary:

Currently, each county clerk and recorder collects a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute.

Section 2 of the bill raises the amount of the surcharge to $5 for documents received for recording or filing on or after January 1, 2018.

Out of each $5 collected, the bill requires the clerk to retain one dollar to be used to defray the costs of an electronic or core filing system in accordance with existing law. The bill requires the clerk to transmit the other $4 collected to the state treasurer, who is to credit the same to the statewide attainable housing investment fund (fund).

Section 3 creates the fund in the Colorado housing and finance authority (authority). The bill specifies the source of moneys to be deposited into the fund and that the authority is to administer the fund. The bill directs that, of the moneys transmitted to the fund by the state treasurer, on an annual basis, not less than 25% of such amount must be expended for the purpose of supporting new or existing programs that provide financial assistance to persons in households with an income of up to 80% of the area median income for the purpose of allowing such persons to finance, purchase, or rehabilitate single family residential homes as well as to provide financial assistance to any nonprofit entity and political subdivision that makes loans to persons in such households to enable such persons to finance, purchase, or rehabilitate single family residential homes.

Section 3 also requires the authority to submit a report, no later than June 1 of each year, specifying the use of the fund during the prior calendar year to the governor and to the senate and house finance committees.


(Note: This summary applies to this bill as introduced.)

Status: 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-086 Authorize Local Governments Inclusionary Housing Programs 
Comment: Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Fenberg
Summary:

In 1981, the general assembly enacted legislation that prohibits counties and municipalities (local governments) from enacting any ordinance or resolution that would control rent on private residential property.

The bill clarifies that an ordinance or resolution that would control rent on either private residential property or a private residential housing unit does not include an ordinance or resolution enacted by a county or a municipality that establishes, as a condition of obtaining approval for the development of a project, inclusionary housing or inclusionary zoning requirements.

As used in the bill, 'inclusionary housing' or 'inclusionary zoning' means a program enacted legislatively and with opportunity for public input that requires, as a condition of obtaining approval for the development of a project, the provision of residential units affordable to and occupied by owners or tenants whose household incomes do not exceed a limit that is established in the ordinance or resolution.

The bill specifies different components that may be included in an inclusionary housing program.


(Note: This summary applies to this bill as introduced.)

Status: 2/6/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-091 Allow Medicaid Home Health Services In Community 
Comment: Ky, Christina
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Moreno | L. Crowder / J. Ginal
Summary:

Under current law, for some clients, home health services under the medicaid program may only be provided in the client's residence. The bill removes the location restriction for home health services to comply with changes to federal medicaid rules that allow for services to be delivered in the community as well as the residence.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-098 Mobile Home Parks 
Comment: Kris, Rich, Ed
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Kefalas / J. Ginal
Summary:

Notice of sale of a mobile home park.

Where the home owners within a mobile home park (park) have formed either a homeowners' association or a cooperative, section 2 of the bill specifies that, not less than 30 days nor more than one year prior to, an owner of a park either entering into a written listing agreement for the sale of the park or making an offer to sell the park to any party must provide written notice to the president, secretary, and treasurer of any homeowners' association or cooperative of the owner's intention to sell the park. The bill specifies certain circumstances in which the park owner is not required to satisfy these notice requirements.

During the notice period required by the bill, the owner or management of the park may consider any offer to purchase the park that has been made by a homeowners' association or cooperative of such home owners as long as the association or cooperative is open to all home owners. The owner of the park may consider any reasonable offer made by an association or cooperative representing the home owners and negotiate in good faith with them. If an agreement to purchase the community is reached during the notice period specified in the bill, the association or cooperative has a reasonable time beyond the expiration of such period, if necessary, to obtain financing for the purchase. The bill explicitly specifies that these provisions do not give any home owner or group of home owners within a park any right of first refusal.

Terms of written rental agreement.

Section 3 permits a written rental agreement for a tenancy in a park to contain a clause that encourages the use of mediation or another form of alternative dispute resolution to resolve any controversy by or among owners, management, and home owners within parks.

Alternative dispute resolution.

In any controversy between management and a home owner of a park arising out of the bill, except for the nonpayment of rent or in cases in which the health or safety of other home owners is in imminent danger, section 4 permits the parties to submit the dispute to another form of alternative dispute resolution in addition to mediation prior to the filing of a forcible entry and detainer lawsuit. The choice of alternative dispute resolution methods is dependent upon agreement of the parties.

Under section 4, the general assembly also encourages the owners and management of parks and home owners within such parks to make use of the state office of dispute resolution to resolve any controversy by or among them in addition to local government agencies and community-based nonprofit organizations that are created and empowered to mediate disputes between or among the owners and management of parks and home owners within such parks.

Subtraction of gain from sale of park from calculation of federal taxable income for state income tax purposes.

For income tax years commencing on or after January 1, 2018, section 5 subtracts from federal taxable income the following amount of the gain recognized from the sale or exchange of a park where the party purchasing the park is a county, municipality, local housing authority, nonprofit corporation, homeowners' association, or a cooperative:

  • 100% of the recognized gain for a mobile home park with 50 or fewer lots; and
  • 50% of the recognized gain for a mobile home park with more than 50 lots.

Encouragement of the preservation and development of mobile and manufactured home parks through county and municipal master plans.

Recognizing the importance of manufactured housing as an option for many households, under sections 6 and 7

, counties and municipalities, as applicable, are required to encourage through either their master plans or other land use or planning documents adopted by the particular governmental body the preservation of existing parks and the development of new manufactured home parks within their territorial boundaries, including increasing opportunities for parks that are owned by the owners of homes within the park. Whenever an existing park is located in a hazardous area, the county or municipality, as applicable, is required to make every reasonable effort to reduce or eliminate the hazard, when feasible, or to help mitigate the loss of housing through the relocation of affected households.


(Note: This summary applies to this bill as introduced.)

Status: 2/13/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-105 Consumer Right To Know Electric Utility Charges 
Comment: Steve
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Garcia / D. Esgar | K. Becker
Summary:

The bill requires an investor-owned electric utility to file with the public utilities commission (commission) for the commission's review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers. An investor-owned electric utility shall file the comprehensive billing format pursuant to a schedule determined by the commission. The comprehensive billing format must include the following:

  • A line-item representation of all monthly charges and credits applied to the customer and an indication whether the charges have increased from the prior month as a result of increased fuel costs;
  • For months in which tiered rates are applied, a breakdown of the tiered rates and the amount of usage to which each rate was applied for the month;
  • The rate and usage for the current month and each of the previous 12 months, as shown in a bar graph or other visual format; and
  • For customers to which demand rates apply, a listing of the demand charge, aggregated data about the demand during the billing period, and, if the customer is a residential customer, a calculation of the amount that the customer would have been billed had standard residential rates applied.

The bill also requires each investor-owned utility to provide its customers, on a biannual basis, with an insert that indicates, as a percentage, each fuel source used in power generation and purchased for the utility.

The bill sets forth procedures for the commission's review of a filed comprehensive billing format and provides that once a comprehensive billing format has been approved by the commission, the investor-owned utility need not refile it unless changes have been made to it.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/22/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-113 Cap Employer Contribution Rates For PERA Public Employees' Retirement Association Employers 
Comment: Eileen
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: T. Neville / J. Everett
Summary:

Each employer in the public employees' retirement association (PERA) contributes a percentage of its total employer payroll to PERA in the form of an employer contribution, an amortization equalization disbursement (AED), and a supplemental amortization equalization disbursement (SAED). A portion of the employer contribution goes to the health care trust fund and the remainder is deposited into the pension trust fund for each division of PERA to pay benefits. The AED and the SAED are to reduce PERA's unfunded liability and amortization period.

The bill requires that for the calendar year beginning January 1, 2018, and for each calendar year thereafter, the total of the employer contribution, the AED, and the SAED for any employer will not exceed the total contribution rates for the 2018 calendar year pursuant to current law. The rates are as follows:

  • For the state division, 20.15% of an employer's total payroll; except that, for state troopers, the total is 22.85% of an employer's total payroll;
  • For the school division, 20.15% of an employer's total payroll;
  • For the Denver public schools division, 20.15% of an employer's total payroll;
  • For the local government division, 13.70% of an employer's total payroll; and
  • For the judicial division, 17.36% of an employer's total payroll.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/1/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-121 Improve Medicaid Client Correspondence 
Comment: Kris, Brandi
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Crowder | K. Lundberg / J. Danielson | L. Landgraf
Summary:

Interim Study Committee on Communication Between the Department of Health Care Policy and Financing (HCPF) and Medicaid Clients. The bill requires the department of health care policy and financing (department) to engage in an ongoing process to improve medicaid client communications, including client letters and notices, that concern eligibility for or the denial, reduction, suspension, or termination of a benefit. Among other requirements included in the bill, the department shall ensure that client communications are accurate, readable, and understandable, clearly conveying the purpose of the letter or notice and the specific action or actions that the client must take in response to the letter or notice.

The bill requires the department to include in certain notices a specific and plain language explanation of the basis for the denial, reduction, suspension, or termination of a benefit; and a description of necessary information or documents that the client has not provided. If sufficient state and federal appropriations are available, on and after July 1, 2018, the department shall make available electronically a client's information concerning household composition, assets, and income sources and amounts, if relevant to the determination for which the client correspondence was issued.

The department may test new or significantly revised client communications against the requirements included in the bill with a representative sample of medicaid clients, advocacy organizations, and counties prior to implementing the client communications. The department shall also develop a process to consider feedback from stakeholders and counties prior to implementing significant changes to correspondence.

The department shall also ensure that letters and notices affecting clients with disabilities, seniors, and other vulnerable populations are appropriately prioritized for improvement consistent with the requirements in the bill. The department shall receive feedback from the workgroup established to provide customer and community partner feedback regarding client communications as part of the department's involvement in state-level decision-making relating to computer system changes and training.

The department shall provide information concerning medicaid client communications improvements as part of its annual presentation to its legislative committee of reference.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/2/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-133 Insurance Commissioner Investigation Of Provider Complaints 
Comment: Seth
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Tate / D. Young
Summary:

Currently, the commissioner of insurance may investigate complaints by health care providers regarding the improper handling or denial of benefits by a health insurance company. The bill requires the commissioner to investigate provider complaints and notify the provider of the results of the investigation. The commissioner is directed to include information on provider complaints in an existing annual report to the general assembly. The commissioner must determine if there is a pattern of misconduct by a health insurance company and, if there is a pattern, must impose an appropriate remedy or penalty as an unfair or deceptive practice.


(Note: This summary applies to this bill as introduced.)

Status: 4/12/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-146 Access To Prescription Drug Monitoring Program 
Comment: Kelley, Seth
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: C. Jahn / J. Ginal
Summary:

The bill modifies provisions relating to licensed health professionals' access to the electronic prescription drug monitoring program as follows:

  • Allows a health care provider who has authority to prescribe controlled substances, or the provider's designee, to query the program regarding a current patient, regardless of whether the provider is prescribing or considering prescribing a controlled substance to that patient;
  • Specifies that a veterinarian who is authorized to prescribe controlled substances may access the program to inquire about a current patient or client if the veterinarian suspects that the client has committed drug abuse or mistreated an animal; and
  • Specifies that, in addition to accessing the program when dispensing or considering dispensing a controlled substance, a pharmacist or designee of the pharmacist may access the program regarding a current patient to whom the pharmacist is dispensing or considering dispensing a prescription drug.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/6/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

SB17-151 Consumer Access To Health Care 
Comment: Seth
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Crowder / J. Ginal
Summary:

The bill requires a health insurance carrier or an intermediary that conducts credentialing, utilization management, or utilization review to:

  • Base health care coverage authorizations and medical necessity determinations on generally accepted and evidence-based standards and criteria of clinical practice;
  • Disclose to a carrier's policyholders and providers the evidence-based standards and criteria of clinical practice and processes that the carrier uses for coverage authorizations and medical necessity determinations of health care services;
  • Ensure that coverage authorizations and medical necessity determinations are performed by a health care provider;
  • Categorize a condition as a new episode of care if the same provider has not treated the policyholder for the condition within the previous 30 days; and
  • Ensure that tiered prior authorization criteria are based on generally accepted and evidence-based standards and criteria of clinical practice.

The bill prohibits:

  • An intermediary from requiring coverage authorization or a medical necessity determination prior to the evaluation and management services provided by a health care provider to a policyholder during an initial health care visit; and
  • A carrier from creating incentives to reduce or deny coverage authorizations or medical necessity determinations.
    (Note: This summary applies to this bill as introduced.)

Status: 2/15/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-155 Statutory Definition Of Construction Defect 
Comment: Kip, Ed, John
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Tate / L. Saine
Summary:

The bill separately defines and clarifies the term 'construction defect' in the 'Construction Defect Action Reform Act'.


(Note: This summary applies to this bill as introduced.)

Status: 5/9/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Fiscal Notes:

Fiscal Note

Amendments:

SB17-156 Homeowners' Association Construction Defect Lawsuit Approval Timelines 
Comment: Kip, Ed, John
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: O. Hill / L. Saine | C. Wist
Summary:

The bill states that when the governing documents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 3 of the bill. Section 3 also specifies that the mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must:

  • Be a neutral third party;
  • Make certain disclosures before being selected; and
  • Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with applicable state or federal laws governing mediation or arbitration.

Section 1 of the bill specifies that, in the arbitration of a construction defect action, the arbitrator is required to follow the substantive law of Colorado with regard to any applicable claim or defense and any remedy granted, and a failure to do so is grounds for a district court to vacate or refuse to confirm the arbitrator's award.

Section 4 of the bill requires that, before a construction defect claim is filed on behalf of the association:

  • The parties must submit the matter to mediation before a neutral third party; and
  • The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated.

Section 5 of the bill adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/20/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-157 Construction Defect Actions Notice Vote Approval 
Comment: Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Williams / J. Melton
Summary:

The bill requires that, before the executive board of a unit owners' association (HOA) in a common interest community brings suit against a developer or builder on behalf of unit owners, the board must:

  • Notify all unit owners; and
  • Except when the HOA contracted with the developer or builder for the work complained of or the amount in controversy is less than $100,000, obtain the approval of a majority of the unit owners after giving them detailed disclosures about the lawsuit and its potential costs and benefits.

The bill also limits the amount and type of contact that a developer or builder that is potentially subject to a lawsuit may have with individual unit owners while the HOA is seeking their approval for the lawsuit.


(Note: This summary applies to this bill as introduced.)

Status: 3/13/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-158 Modify Composition Of PERA Public Employees' Retirement Association Board Of Trustees 
Comment: Eileen
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Tate / D. Nordberg
Summary:

Currently, the board of trustees (board) of the public employees' retirement association (PERA) is comprised of the following 15 trustees:

  • The state treasurer;
  • Three elected members of the state division;
  • Four elected members of the school division;
  • One elected member of the local government division;
  • One elected member of the judicial division;
  • Two elected retirees; and
  • Three trustees appointed by the governor and confirmed by the senate who are not PERA members or retirees and who are experts in certain fields.

In addition, there is one ex officio trustee from the Denver public schools division.

The bill modifies the composition of the board by:

  • Eliminating one elected member trustee position from the state division;
  • Eliminating 2 elected member trustee positions from the school division;
  • Requiring at least one elected member from both the state division and the school division to be at least 20 years from retirement eligibility; and
  • Adding 3 more trustees appointed by the governor and confirmed by the senate who are not PERA members or retirees and who are experts in certain fields to replace the eliminated elected member trustee positions. The additional appointed trustees must have significant experience and competence in investment management, finance, banking, economics, accounting, pension administration, or actuarial analysis.

The bill does not change the inclusion on the board of the state treasurer, the elected members from the local government division and the judicial division, or the ex officio trustee from the Denver public schools division.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/15/2017 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-203 Prohibit Carrier From Requiring Alternative Drug 
Comment: Kelley, Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: N. Todd / P. Covarrubias | C. Kennedy
Summary:

The bill prohibits a carrier from requiring a covered person to undergo step therapy:

  • When being treated for a terminal condition; or
  • If the covered person has tried a step-therapy-required drug under a health benefit plan and the drug was discontinued by the manufacturer.

A carrier that requires step therapy must have an override process for health care providers.

'Step therapy' is defined as a protocol that requires a covered person to use a prescription drug or sequence of prescription drugs, other than the drug that the covered person's health care provider recommends for the covered person's treatment, before the carrier provides coverage for the recommended drug.


(Note: This summary applies to this bill as introduced.)

Status: 6/2/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-205 Multimodal Transportation Infrastructure Funding 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Kefalas / P. Rosenthal
Summary:

In 1999, the voters of the state authorized the executive director of the department of transportation (CDOT) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of qualified federal aid transportation projects. The executive director of CDOT issued the TRANs as authorized. The final payments of principal and interest on the TRANs will be made during fiscal year 2016-17, which will make available for expenditure for transportation-related purposes only revenues dedicated for transportation by federal law, the state constitution, and state law that the state has been using to make principal and interest payments on the TRANs.

Section 9 requires the state transportation commission to submit a ballot question to the voters of the state at the November 2017, 2018, or 2019 election, which, if approved, would increase the state sales and use tax from 2.9% to 3.15%, beginning on the July 1 immediately following the applicable election and would authorize the executive director of CDOT to issue additional TRANs in a maximum principal amount of $4 billion and with a maximum repayment cost of $5.75 billion. If the voters approve the ballot question, sections 3, 4, 5, and 7 implement the increase in the state sales and use tax rate. The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or other instrument authorizing their issuance must provide that the state may pay them in full before the end of the specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same requirements and for the same purposes as the original TRANs; except that the transportation commission must pledge to annually allocate from legally available money under its control any money needed for payment of the notes in excess of amounts appropriated by the general assembly from the state highway fund for payment of the notes as authorized by section 5 until the notes are fully repaid.

Section 10 specifies that at least $500 million of TRANs proceeds shall be used only for passenger rail service in the interstate 25 corridor and that remaining TRANs proceeds shall be used only to fund projects on CDOT's priority list for transportation funding. Section 10 also specifies additional transportation project contract award process requirements and limitations for a project to be funded in whole or in part with proceeds of additional TRANs.

Sections 6 and 8 require all state sales and use tax net revenue that is attributable to any increase in the state sales and use tax rate resulting from the approval of the ballot question submitted pursuant to section 9 to be credited to the HUTF, paid from the HUTF to the state highway fund for use, subject to annual appropriation by the general assembly, for payment of TRANs and, to the extent not used for that purpose, state transportation projects.
(Note: This summary applies to this bill as introduced.)

Status: 4/4/2017 Senate Committee on Transportation Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-206 Out-of-network Providers Payments Patient Notice 
Comment: Diane, Jeanette, John, Ed
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: B. Gardner / J. Singer
Summary:

Under current law, when a health care provider who is not under a contract with a health insurer (out-of-network provider) renders health care services to a person covered under a health benefit plan at a facility that is part of the provider network under the plan (in-network facility), the health insurer is required to cover the services of the out-of-network provider at the in-network benefit level and at no greater cost to the covered person than if the services were provided by an in-network provider.

The bill outlines the method for a health insurer to use in determining the amount it must pay an out-of-network provider that rendered covered services to a covered person at an in-network facility and requires the health insurer to pay the out-of-network provider directly. The bill also establishes an independent dispute resolution process by which an out-of-network provider may obtain review of a payment from a health insurer.

Additionally, the bill requires an in-network facility where a covered person will receive a health care procedure or treatment, the health insurer, and an out-of-network provider who provides health care services to a covered person at an in-network facility to provide specified disclosures to the covered person, explaining that:

  • An out-of-network provider may provide health care services to the covered person as part of the procedure or treatment provided at the in-network facility;
  • If the covered person's plan is governed by state law, the services rendered by an out-of-network provider are covered under the plan at the in-network benefit level;
  • The out-of-network provider will submit a bill to the covered person's health insurer, and if the covered person receives a bill from the out-of-network provider, he or she should contact the health insurer's customer service to resolve the bill; and
  • The covered person is only responsible for paying the applicable in-network cost-sharing amount, and the carrier is responsible for paying any remaining balance owed the out-of-network provider.

A health insurer that fails to reimburse out-of-network providers as required by the bill and under current law or fails to provide the required notice to the covered person engages in an unfair or deceptive act or practice in the business of insurance and is subject to monetary penalties and other penalties authorized by law.


(Note: This summary applies to this bill as introduced.)

Status: 4/10/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Amendments:

SB17-207 Strengthen Colorado Behavioral Health Crisis System 
Comment: Kelley
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Cooke | D. Kagan / J. Salazar | L. Sias
Summary:

The bill clarifies the intent of the general assembly for establishing a coordinated behavioral health crisis response system (crisis system). The crisis system is intended to be a comprehensive, appropriate, and preferred response to behavioral health crises in Colorado. By clarifying the role of the crisis system and making necessary enhancements, the bill puts systems in place to help Colorado end the use of jails and correctional facilities as placement options for individuals placed on emergency mental health holds if they have not also been charged with a crime and enhances the ability of emergency departments to serve individuals who are experiencing a behavioral health crisis. The crisis system is intended to provide an appropriate first line of response to individuals in need of an emergency 72-hour mental health hold. The statewide framework created by the crisis system strengthens community partnerships and ensures that first responders are equipped with a variety of options for addressing behavioral health crises that meet the needs of the individual in a clinically appropriate setting.

The bill expands and strengthens the current crisis system in the following ways:

  • Encourages crisis system contractors in each region to develop partnerships with the broad array of crisis intervention services in the region;
  • Requires crisis system contractors to be responsible for community engagement, coordination, and system navigation for key partners in the crisis system. The goals of community coordination are to formalize key relationships within contractually defined regions, pursue collaborative programming for behavioral health services, and coordinate interventions as necessary with behavioral health crises in the region.
  • Increases the ability of all crisis services facilities, including walk-in centers, acute treatment units, and crisis stabilization units within the crisis system, regardless of facility licensure, to adequately care for an individual brought to the facility in need of an emergency 72-hour mental health hold;
  • Expands the ability of mobile response units to be available within 2 hours, either face-to-face or using telehealth operations for mobile crisis evaluations;
  • Recognizes the obligations of hospitals and hospital-based emergency departments under federal law to screen and stabilize every patient who comes to the hospital-based emergency department, including those patients experiencing a behavioral health crisis; and
  • Requires that, on or before January 1, 2018, all walk-in centers throughout the state be appropriately designated, adequately prepared, and properly staffed to accept an individual in need of an emergency 72-hour mental health hold.

The department of human services (department) shall ensure consistent training for professionals who have regular contact with individuals who are experiencing a behavioral health crisis. The department shall conduct a needs and capacity assessment of the crisis system.

The office of behavioral health is required to submit a report on or before November 1, 2017, and on or before May 1, 2018, concerning the status of funding, the use of new and existing resources, and the implementation of additional behavioral health crisis services. This report is separate and in addition to the information the department is required to provide concerning the crisis system in its annual SMART report to the general assembly.

The bill removes language from statute that allows, at any time for any reason, an individual who is being held on an emergency 72-hour mental health hold to be detained or housed in a jail, lockup, or other place used for the confinement of persons charged with or convicted of criminal offenses. The effective date of this component of the bill is May 1, 2018.

The bill requires annual reports to the department by each emergency services facility that has treated a person pursuant to an emergency 72-hour mental health hold. The reports must only include aggregate and nonidentifying information. The reports must include information on the names and counties of involved facilities; the total number of persons treated at the facility; a summary regarding the different reasons for which persons were treated at the facility; and a summary of the disposition of the persons transferred to a designated mental health facility.

An appropriation from the marijuana tax cash fund is authorized.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/18/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-213 Automated Driving Motor Vehicles 
Comment: Steve, Karen
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Moreno | O. Hill / F. Winter | J. Bridges
Summary:

The bill declares that the regulation of automated driving systems is a matter of statewide concern, and, therefore, local authorities are prohibited from setting different standards for these systems than for human drivers. The use of automated driving systems is authorized if the system is capable of conforming to every state and federal law applying to driving. If not, a person testing a system is required to obtain approval from the Colorado state patrol and the Colorado department of transportation.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/1/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-245 Tenancies One Month To One Year Notice 
Comment: Kris, Rich
Position: Strongly Support
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Priola / D. Pabon
Summary:

Currently, a tenancy of one month or more but less than 6 months may be terminated by either party with 7 days' notice. The bill extends the notice to 21 days. The bill also requires 21 days' notice for a landlord to increase rent in tenancies of one month or longer but less than 6 months.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/5/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

SB17-254 2017-18 Long Appropriations Bill 
Comment: Rich
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Lambert / M. Hamner
Summary:

Provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2017, except as otherwise noted.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/26/2017 Governor Signed
Fiscal Notes:
Amendments: Amendments

SB17-267 Sustainability Of Rural Colorado 
Comment: Rich, Steve
Position: Monitor
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(1) in house calendar.
Sponsors: J. Sonnenberg | L. Guzman / J. Becker | K. Becker
Summary:

Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap).

Section 17 of the bill also requires CHASE to seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law.

Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes.

Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue.

Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements.

The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money.

Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018.

Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate).

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18:

  • 28.15% less $30 million stays in the general fund;
  • 71.85% is credited to the marijuana tax cash fund; and
  • $30 million is credited to the state public school fund and distributed to rural school districts as specified in section 4.

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year:

  • 15.56% stays in the general fund;
  • 71.85% is credited to the marijuana tax cash fund; and
  • 12.59% is credited to the state public school fund and distributed to all school districts as specified in section 4.

Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana.

Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18.

Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020.

Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay:

  • For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16; or
  • For hospital outpatient services, at least double the amount required to be paid as specified in the rules as of January 1, 2017; except that
  • For both pharmacy and hospital outpatient services, the amount required to be paid by the recipient may not exceed any specified maximum dollar amount allowed by federal law or regulations as of January 1, 2017.

Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions. HCPF must comply with ACE Kids Act requirements for its participation.

Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property.

Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/30/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-295 Revise Medicaid Fraud Reporting 
Comment: Bob
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: K. Lundberg / D. Young
Summary:

Joint Budget Committee. The bill updates the department of health care policy and financing's (state department) annual reporting on efforts to detect and prosecute medicaid client fraud and the attorney general's annual reporting on medicaid provider fraud. The bill requires the state department to annually submit a single, comprehensive report on client and provider fraud in the medicaid program, including information received annually from the attorney general.

The bill adds the joint budget committee to the legislative committees receiving the report and requires that the report include additional cost and savings information.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/2/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments:

SB17-300 High-risk Health Care Coverage Program 
Comment:
Position:
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(9) in house calendar.
Sponsors: K. Lambert / C. Kennedy
Summary:

The bill directs the commissioner of insurance to study methods of providing health care coverage to high-risk individuals and reducing health insurance premiums in the individual market, which study is to explore the feasibility of high-risk pools, reinsurance programs, or other high-risk programs and consider requirements under applicable federal law, potential financial impacts on consumers and businesses, potential funding mechanisms to ensure financial sustainability of a high-risk or reinsurance program, and necessary procedural requirements for seeking any required federal waivers or other authorization to implement and fund such programs. The commissioner is to submit a report on the study to the joint budget committee and other specified legislative committees by October 1, 2017, and present the report to specified legislative committees during SMART Act hearings prior to the 2018 legislative session.

The commissioner is authorized to seek, accept, and expend public and private gifts, grants, and donations or any federal funding to defray the study costs.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/2/2017 Governor Signed
Fiscal Notes:

Fiscal Note

Amendments: Amendments

SB17-303 State Highway System Funding And Financing 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Cooke | T. Neville / C. Wist | P. Neville
Summary:

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects.

Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.
(Note: This summary applies to this bill as introduced.)

Status: 5/9/2017 Senate Second Reading Laid Over with Amendments to 05/11/2017 - Committee
Fiscal Notes:

Fiscal Note

Amendments: Amendments