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TCL > August 2013 Issue > Legislation Passed During the 2013 Legislative Session

August 2013       Vol. 42, No. 8       Page  33
In and Around the Bar
2013 CBA Legislative Update

Legislation Passed During the 2013 Legislative Session
by Michael Valdez

 

CONTENTS

Introduction
Administrative Rule Review
Agriculture
Consumer and Commercial Transactions
Corporations and Associations
Courts
Criminal Law and Procedure
Elections
Family Law
Financial Institutions
Government—County
Government—Local
Government—Special Districts
Government—State
Health and Environment
Health Care Policy and Financing
Human Services—Behavioral Health
Human Services—Social Services
Insurance
Juvenile Law
Labor and Industry
Motor Vehicles and Traffic Regulation
Natural Resources
Probate, Trusts, and Fiduciaries
Professions and Occupations
Property
Public Utilities
Statutes
Taxation
Water and Irrigation
Workers’ Compensation

 

ON THE COVER

The photo on the cover of the Legislative Update was taken by Brian E. Donovan during the 2009 People’s Fair. Donovan used a Canon Rebel Xsi. He is Assistant General Counsel for Venoco, Inc., an independent energy company headquartered in Denver.

 

INTRODUCTION

The CBA’s Department of Legislative Relations deals with legislative policy that is set by the CBA Board of Governors (Board), the CBA’s statewide governing body of attorneys. The Board meets twice a year; however, in the event legislative action needs to be taken between Board meetings, the CBA Legislative Policy Committee (LPC) is empowered to act on behalf of the CBA. The LPC comprises the CBA President, President-Elect, and Immediate Past President, as well as eight appointed members.

The goal of the LPC is to promote improvements in the administration of justice and advancements in jurisprudence. The LPC generally is involved in legislation that affects the practice of law, the business of lawyering, the court system, lawyer fees, and lawyer–client relations.

Michael Valdez is the Director of the CBA Department of Legislative Relations. The Director is charged with representing CBA interests at the Colorado Legislature.

The 2013 CBA Legislative Update is a product of the Department of Legislative Relations. It was compiled by Michael Valdez and is provided as a free service to CBA members.

The abbreviations "S.B." and "H.B." in the Legislative Update refer to "Senate Bill" and "House Bill," respectively. Numerical references are to existing or to new sections of the Colorado Revised Statutes. The primary sponsor of the bill is listed, as well as the primary sponsor in the second house.

The Legislative Update is not intended to be a comprehensive review of all legislation passed during the 2013 legislative session. It is intended only to alert practitioners to new legislation of general interest to attorneys. For more information on specific bills, please contact Michael Valdez at the CBA, 1900 Grant St., Ste. 900, Denver, CO 80203; (303) 860-1115 or (800) 332-6736; or mavaldez@cobar.org.

Summaries of bills may have been abbreviated for space. This Legislative Update also is available online in the August issue of The Colorado Lawyer at www.cobar.org/tcl.The Legislative Update has not been edited by The Colorado Lawyer editors. Corrections may be sent to mavaldez@cobar.org.


ADMINISTRATIVE RULE REVIEW

S.B. 13-79. Concerning implementation of recommendations of the committee on legal services in connection with legislative review of rules and regulations of state agencies. By Sen. Morse and Rep. Gardner. Continuation of 2012 rules of executive agencies. Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules and regulations that were adopted or amended on or after November 1, 2011, and before November 1, 2012, with the exception of the rules and regulations specifically listed in the act. Those specified rules and regulations will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2013, on the grounds that the rules and regulations either conflict with statute or lack or exceed statutory authority.

The act repeals, effective May 15, 2013, a rule of the medical services board of the department of health care policy and financing concerning presumptive eligibility of prenatal care clients in the children’s basic health plan. The act repeals, effective May 15, 2013, a rule of the Colorado state board of chiropractic examiners of the department of regulatory agencies concerning the scope of practice of chiropractors. Effective May 11, 2013.

AGRICULTURE

S.B. 13-223. Concerning the continuation of the noxious weed advisory committee. By Sen. Brophy and Rep. Mitsch Bush. The act continues the state noxious weed advisory committee until September 1, 2023, and adds two nonvoting members to the committee: One representing the Colorado department of transportation and the other representing the department of natural resources. The committee is also directed to make recommendations about noxious weeds on surface waters and public lands. Effective May 28, 2013.

S.B. 13-241. Concerning the creation of a program in the department of agriculture to regulate industrial hemp production and, in connection therewith, making an appropriation. By Sen. Schwartz and Rep. Coram. The act repeals the industrial hemp remediation pilot program in the department of public health and environment, enacted by House Bill 12-1099, and replaces the pilot program with a program in the department of agriculture (department) that requires a person seeking to engage in industrial hemp cultivation for commercial purposes or to grow industrial hemp for research and development purposes to register with the department. A person registered under the industrial hemp remediation pilot program may continue industrial hemp activities if the registrant applies for a registration under the new program within 60 days after applications are available. The act renames the industrial hemp remediation pilot program committee, established pursuant to House Bill 12-1099, as the industrial hemp committee, specifies the qualifications and terms of office of members serving on the committee, and tasks the committee with assisting the department and the commissioner of agriculture in the development of the registration program. Effective May 28, 2013.

H.B. 13-1250. Concerning the administration of county powers to maintain the landscape. By Rep. Sonnenberg and Sen. Tochtrop. The act extends from two to three years the expiration date of a county pest inspector license. The act raises from $5,000 to $10,000 the cap on how much a landowner may be billed for pest mitigation on the person’s land and prohibits the county from compelling pest mitigation that exceeds that done on adjacent government land. A county pest inspector cannot sue the landowner or occupant for personal injury or property damage unless the landowner caused the injury or damage willfully. The act authorizes a county pest inspector to exercise the powers already granted to counties to control weeds and rodents. The act authorizes a county’s agent to exercise the powers already granted to county pest inspectors to control pests. Effective August 7, 2013.

CONSUMER AND COMMERCIAL TRANSACTIONS

S.B. 13-18. Concerning the use of consumer credit information by employers. By Sen. Ulibarri and Rep. Fischer. The act creates the "Employment Opportunity Act," which specifies the purposes for which consumer credit information, such as consumer credit reports and credit scores, can be used by an employer or potential employer, jointly referred to as "employer" and defined to exclude state and local law enforcement agencies. Effective July 1, 2013.

S.B. 13-182. Concerning deceptive trade practices related to time share resale services. By Sen. Nicholson and Rep. Williams. The act amends provisions of the "Colorado Consumer Protection Act" relating to time share transactions and, in particular, transactions involving resale time shares, which are time shares that have been acquired previously. In any time share resale transfer agreement, an entity that provides time share resale services must disclose specified information about the services to the owner of the resale time share. Effective August 7, 2013.

S.B. 13-215. Concerning alternative health care practitioners and, in connection therewith, enacting the "Colorado Natural Health Consumer Protection Act" to provide an exemption from state regulation for unlicensed complementary and alternative health care practitioners, require a person providing complementary and alternative health care services to disclose to clients the person’s educational background and the nature of the services to be provided, and prohibit complementary and alternative health care practitioners from engaging in specified activities that only state-regulated health care professionals may perform. By Sen. Jahn and Rep Ginal. The act specifies that a person engaging in traditional, cultural, complementary, or alternative healing arts and health care treatments who makes specified written disclosures to a client and who does not engage in specifically prohibited acts is not violating the practice acts regulating licensed, certified, or registered health care professionals and is not required to obtain a state-issued license, certification, or registration.

A complementary and alternative health care practitioner must make specified information to each client during the initial contact with the client in a plainly worded written statement and obtain the client’s written, signed acknowledgment of receipt of the information. Failure to make the required disclosures to clients, or performing a prohibited act, constitutes a deceptive trade practice under the "Colorado Consumer Protection Act" (CCPA) and subjects the practitioner to the penalties allowed under the CCPA. Additionally, if a complementary and alternative health care practitioner engages in a prohibited act, he or she is subject to penalties for the unauthorized practice of a regulated profession. Effective June 5, 2013.

S.B. 13-228. Concerning deceptive trade practices related to the dispensing of hearing aids. By Sen. Aguilar and Rep. Kraft-Tharp. The act adds to the "Colorado Consumer Protection Act" (CCPA) deceptive trade practices related to the dispensing of hearing aids and subjects persons who dispense hearing aids to penalties under the CCPA if the dispenser engages in a deceptive trade practice in connection with dispensing a hearing aid. The act describes actions that constitute a deceptive trade practice. Effective May 24, 2013.

H.B. 13-1157. Concerning adoption of the 2012 "Uniform Commercial Code" article 4.5 amendments. By Rep. McNulty and Sen. Giron. Current state law governing funds transfers applies only to commercial transfers and does not apply to a funds transfer any part of which is governed by the federal "Electronic Fund Transfer Act of 1978" (federal act), which originally governed only consumer transfers. Federal law has been amended, effective in February 2013, to apply to remittance transfers, which are transfers of money by foreign workers to their home countries, regardless of whether the transfer is a funds transfer otherwise covered by the federal act. Remittance transfers can be either commercial or consumer transfers. If state law is not amended, neither federal nor state law will apply to some aspects of remittance transfers. The act specifies that state law applies to a remittance transfer that is not an electronic funds transfer under the federal act. Effective April 4, 2013.

H.B. 13-1284. Concerning documents that can be filed regarding security interests under the "Uniform Commercial Code." By Rep. Gardner and Sen. Roberts. Article 9 of the "Uniform Commercial Code" regulates the creation of security interests. Revisions adopted in House Bill 12-1262 specify that a financing statement sufficiently provides the name of a debtor if the form of the debtor’s name that is entered when filing the financing statement is the name that appears on the debtor’s driver’s license. The act specifies that if the debtor does not have a driver’s license, the name on the debtor’s state-issued identification card may be entered instead. Colorado has adopted non-uniform provisions that regulate who can file an information statement about a security interest and the effect of such a filing. House Bill 12-1262 rendered these provisions obsolete, but they were not repealed in that act. This act repeals these provisions. Effective July 1, 2013.

CORPORATIONS AND ASSOCIATIONS

H.B. 13-1138. Concerning benefit corporations and, in connection therewith, making an appropriation. By Rep. Lee and Sen. Kefalas. On and after April 1, 2014, the act permits a corporation or domestic cooperative to become a public benefit corporation if it includes a statement to that effect in its articles of incorporation and also specifies in its articles of incorporation an additional purpose of providing a public benefit. A corporation needs to obtain two-thirds of the shareholders’ consent to amend its articles of incorporation to become a public benefit corporation; shareholders have dissenting rights.

The directors of a public benefit corporation do not have a duty to any person due to the corporation’s identification of a public benefit purpose. The act specifies directors’ standards of conduct. A public benefit corporation must prepare a benefit report and must send the report to its shareholders. The report must assess the corporation’s performance in achieving its public benefit against a third-party standard. Portions effective August 7, 2013 and portions effective April 1, 2014.

COURTS

S.B. 13-38. Concerning the confidentiality of certain communications among emergency responders. By Sen. Balmer and Rep. Garcia. Current law makes certain communications between law enforcement officers and firefighters and their peer support team members confidential when testifying in court. The act extends this confidentiality to emergency medical service providers and members of rescue units and their peer support team members. Effective August 7, 2013.

H.B. 13-1035. Concerning an increase in the number of judges in certain judicial districts and, in connection therewith, making an appropriation. By Rep. Hamner and Sen. Schwartz. The act increases the number of judges in the 5th judicial district from 5 to 6 and in the 9th judicial district from 4 to 5. Effective July 1, 2013.

H.B. 13-1052. Concerning the threshold amount for representation of closely held entities by nonattorneys. By Rep. Landgraf and Sen. Jahn. Current law authorizes certain closely held entities to be represented in court or before an administrative agency by an officer who is not an attorney if the amount at issue does not exceed $10,000. The act raises this level to $15,000. Effective August 7, 2013.

H.B. 13-1053. Concerning the repeal of the requirement that clerks of district courts execute bonds. By Rep. Lawrence and Sen. Hodge. Current law requires clerks of district courts to execute surety bonds. The act repeals this requirement. Effective March 15, 2013.

H.B. 13-1060. Concerning raising the maximum fine that may be assessed by a municipal court. By Rep. McLachlan and Sen. Newell. Under current law, the maximum amount that a municipal court may fine a person convicted of violating a municipal ordinance is $1,000. The act raises this amount to $2,650 and requires this amount to be adjusted annually for inflation. Effective April 18, 2013.

H.B. 13-1086. Concerning the preparation of the record in appeals from county court judgments. By Rep. Wilson and Sen. Grantham. The act increases the time within which the district court must prepare the record on appeal in county court civil or criminal actions that are appealed to the district court from 42 days after judgment to 42 days after the filing of the notice of appeal. The completed record on appeal shall be certified by the clerk of court, not by the county court judge. The act applies to appeals from judgments entered on or after July 1, 2013. Effective July 1, 2013.

H.B. 13-1126. Concerning statutorily established time intervals. By Rep. Wright and Sen. Aguilar. The act changes time periods in the appellate process to seven-day periods or periods that are multiples of seven days to avoid actions being due on weekends. Similar changes were made to court proceedings in 2012. Effective July 1, 2013.

H.B. 13-1230. Concerning compensation for persons who are exonerated of their crimes after a period of incarceration and, in connection therewith, making an appropriation. By Rep. Williams and Sen. Guzman. With certain limitations, the act requires the state to compensate a person, or the immediate family members of a person, who has been:

  • Wrongly convicted of a felony, or wrongly adjudicated a juvenile delinquent for the commission of an offense that would be a felony if committed by a person 18 years of age or older;
  • Incarcerated; and
  • Exonerated and found to be actually innocent (an exonerated person).

The act sets forth a judicial procedure whereby a person may petition a district court for an order declaring the person to be actually innocent and eligible to receive compensation. Upon receipt of a petition, the attorney general and the district attorney shall each have 60 days to file a response in the district court arguing that the person is eligible to seek compensation or asserting that the person is not eligible for compensation. At a trial, the burden shall be on the petitioner to show by clear and convincing evidence that he or she is actually innocent of all crimes that are the subject of the petition and that he or she is eligible to receive compensation. Effective June 5, 2013.

CRIMINAL LAW AND PROCEDURE

S.B. 13-7. Concerning the repeal date of the Colorado commission on criminal and juvenile justice and, in connection therewith, making an appropriation. By Sen. Morse and Rep. Waller. Under current law, the Colorado commission on criminal and juvenile justice (commission) is repealed July 1, 2013. The act changes this repeal date to July 1, 2018. Upon the request of the commission, the office of legislative legal services shall provide a staff member to attend meetings of the commission. Effective May 28, 2013.

S.B. 13-14. Concerning the use of opiate antagonists to treat persons who suffer opiate-related drug overdose events and, in connection therewith, making an appropriation. By Sen. Aguilar and Rep. Pettersen. A person other than a health care provider or a health care facility who acts in good faith to administer an opiate antagonist to another person whom the person believes to be suffering an opiate-related drug overdose event is immune from criminal prosecution for, and is not liable for any civil damages for acts or omissions made as a result of, such act. Effective May 10, 2013.

S.B. 13-116. Concerning the authority of forensic psychologists to conduct mental health evaluations under article 8 of title 16, Colorado Revised Statutes. By Sen. Ulibarri and Rep. Lee. The act authorizes the use of forensic psychologists to perform evaluations to determine a criminal defendant’s sanity or impaired mental condition. Effective August 7, 2013.

S.B. 13-123. Concerning provisions that improve the reintegration opportunities for persons involved in the criminal justice system and, in connection therewith, making an appropriation. By Sen. Steadman and Rep. Levy. Before the act, prior to a person’s release on probation or parole, the person’s probation or parole officer provides the person with a notice regarding sealing criminal records. The act specifies what the notice must contain. The act specifies that a person may only file a petition to seal criminal records once during a 12-month period. Before the act, certain drug convictions are subject to sealing; the act extends sealing to petty offenses and municipal violations and establishes procedures for petitions and hearings. The act allows defendants who enter into an alternative to sentencing or receive probation or a sentence to community corrections to apply for an order of collateral relief for the conviction. It establishes procedures for the application and standards for granting the relief. Effective May 24, 2013.

S.B. 13-195. Concerning requiring certain applicants for concealed handgun permits to complete a handgun training class on the physical grounds where the certified instructor of the course offers the course. By Sen. Tochtrop and Rep. May. Prior to the act, an applicant for a concealed handgun permit must demonstrate competence with a handgun through one of various means, including the submission of a training certificate showing that the applicant has completed a handgun training class. The act provides that a "handgun training class" does not include any firearms safety course that allows a person to complete the entire course via the internet or an electronic device or at any location other than the location where the certified instructor offers the course. Effective May 24, 2013.

S.B. 13-197. Concerning preventing persons who have committed domestic violence from possessing firearms and, in connection therewith, making an appropriation. By Sen. Hudak and Rep. McCann. When a court subjects a person to a protection order to prevent domestic violence or a protection order that prohibits the person from possessing or controlling firearms or other weapons, or the court convicts a person of a misdemeanor or felony domestic violence offense, the court:

  • Shall require the person to relinquish any firearm or ammunition in the person’s immediate possession or control or subject to the person’s immediate possession or control; and
  • May require that, before the person is released from custody on bond, the person relinquishes any firearm or ammunition in the person’s immediate possession or control or subject to the person’s immediate possession or control.
  • A person who is served in court with such a protection order must relinquish any firearm or ammunition within 24 hours. A person who is served with such a protection order outside of the court must relinquish any firearm or ammunition within 48 hours. However, a court may allow a person up to 72 hours to comply if the person is unable to comply within 24 or 48 hours, as applicable.

To satisfy the requirement, the person may:

  • Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer;
  • Arrange for the storage of the firearm or ammunition by a law enforcement agency; or
  • Sell or transfer the firearm or ammunition to a private party who has been approved pursuant to a background check of the national instant criminal background check system.

A person who is unable to satisfy the requirement because he or she is held in custody shall relinquish any firearm or ammunition in the his or her immediate possession or control not more than 24 hours after the person’s release from such custody. The court may require the person to relinquish a firearm or ammunition before the end of the person’s incarceration. A person subject to a protection order who possesses or attempts to purchase or receive a firearm or ammunition while the protection order is in effect violates the protection order. Effective June 5, 2013.

S.B. 13-198. Concerning closing a court to the public when sexually exploitative material related to a specific child is being presented as evidence. By Sen. Jahn and Rep. Gardner. The act provides a court with the option to close the court to the public, when it is in the best interest of a child, when images of sexually exploitative materials or forensic interviews directly related to that child are being presented as evidence in court and the child or forensic interviewer is on the witness stand. Effective May 24, 2013.

S.B. 13-208. Concerning limitations on drug paraphernalia laws. By Sen. Steadman and Rep. May. Current law exempts from the criminal statutes dealing with drug paraphernalia persons participating as an employee or volunteer of a syringe exchange program approved by the department of public health and environment. The act extends this exemption to persons who participate in an approved program. Effective May 10, 2013.

S.B. 13-229. Concerning changes to statutory provisions related to criminal proceedings. By Sen. Guzman and Rep. Kagan. This omnibus act makes numerous changes to the criminal law statutes:

  • The act adds a description of gender and minority data related to the new crime to the analysis.
  • The act changes the definition of felony complaint to require the complaint to be signed by the prosecutor. The change corresponds to a change in the Colorado rules of criminal procedure.
  • For security fraud offenses, the act states the statute of limitations begins to run on the discovery of the criminal act.
  • The act requires that, if requested by the prosecution or defense, the probation department provide the presentence report at least seven days prior to sentencing. If the probation department can’t meet that deadline, the court shall grant the probation department an additional seven days to provide the presentence report. Prior to the act, a presentence report regarding a sex offender must include a sex offender evaluation. There are some exceptions to this requirement. The act adds an additional exception for cases in which there is a court-accepted stipulation by the sex offender and prosecutor to jail time or the sex offender is already serving a sentence in the department of corrections.
  • The act makes clarifying changes to when a person convicted of a sex offense as a juvenile can petition to discontinue sex offender registration and applies to offenses committed prior to July 1, 2013.
  • The act adds to the definition of restitution to include health care costs covered by a government agency or insurer.
  • Before the act, a person may commit first degree burglary if he or she possesses a deadly weapon during the burglary. The act amends the crime so that a person must use or threaten the use of a deadly weapon to commit first degree burglary.
  • Prior to the act, a juvenile committed to a staff secure placement who turns 18 in custody and who walks away can be charged with a class 3 felony. The act creates a new offense for that situation that is a class 3 misdemeanor.
  • The act directs that a juvenile who is subject to a direct file or transfer must be held in a county jail once the juvenile turns 18.
  • The act clarifies some provisions in the aggravated juvenile offender statute.
  • Under current law, the district attorney or a probation officer may apply for entry of conviction and imposition of sentence for a deferred prosecution within the term of the deferred prosecution and up to 30 days after the term. The act clarifies that time period also applies to juvenile deferred adjudications.
  • The act allows the district attorney to appoint part-time district attorneys who do not practice criminal defense in the jurisdiction to fulfill the duties of the district attorney without the approval of the county commissioners. The act adds that the appointed attorneys may be attorneys employed by the Colorado district attorneys’ council. The act eliminates the requirement that part-time district attorneys be paid by the county they serve.
  • The act clarifies that in a record-sealing petition based on a dismissal that is not the result of a completion of deferred disposition or multi-case disposition, the court shall order the record sealed if the petition on its face is sufficient. The act clarifies that in records-sealing cases, a person may petition for sealing one record every 12-month period.
  • The act clarifies that in drug conviction records-sealing cases, a person may petition for sealing one record every 12-month period.

Effective July 1, 2013.

S.B. 13-244. Concerning a task force to study substance abuse. By Sen. Guzman and Rep. Kagan. The act renames the state methamphetamine task force the state substance abuse trend and response task force (task force) and changes the emphasis of the task force from solely methamphetamine to all substance abuse, including nonfederal-drug-administration-regulated pharmaceutical drugs. The act expands the members of the task force appointed by the co-chairs from 16 to 22. The act extends the repeal of the task force to July 1, 2018. Effective August 7, 2013.

S.B. 13-246. Concerning creation of a task force to study discovery costs in criminal cases. By Sen. Lambert and Rep. Levy. The act creates a discovery task force (task force) to meet to address the issue of discovery costs in criminal cases. The act specifies the goals and members of the task force. Effective May 24, 2013.

S.B. 13-248. Concerning the authority of the attorney general or a district attorney to enforce subpoenas for consumer protection violations against persons located outside Colorado. By Sen. Aguilar and Rep. Priola. For the purposes of the "Colorado Consumer Protection Act," the "Refund Anticipation Loans Act," the "Colorado Rental Purchase Agreement Act," the "Colorado Fair Debt Collection Practices Act," and the "Colorado Credit Services Organization Act," the act states that the power of the attorney general or a district attorney to issue subpoenas includes the right to issue a subpoena to any person, whether in this state or elsewhere, who has engaged in or is engaging in violations of these acts. Effective July 1, 2013.

S.B. 13-250. Concerning changes to sentencing of persons convicted of drug crimes and, in connection therewith, making an appropriation. By Sen. Steadman and Rep. Levy. The act creates new felony and misdemeanor drug sentencing grids. The act assigns each of the drug crimes a new drug penalty based on the new felony and misdemeanor drug sentencing grids. The act states the drug code does not apply to a person who conforms to the constitutional requirements that permit the use and possession of recreational and medical marijuana.

The act creates a sentencing option for offenders convicted of certain drug felonies that allows the court to vacate the felony conviction and enter a misdemeanor conviction in its place if the offender successfully completes a community-based sentence. When a defendant is sentenced to probation for a drug offense, the court may impose residential drug treatment as a condition of probation. The act states that a person placed in a community corrections program for the purposes of obtaining residential drug treatment while on probation is not considered in custody or confinement for purposes of the criminal escape statutes. The act amends the intensive supervision probation program to allow defendants convicted of a misdemeanor to participate if they are assessed as higher risk. The act adds all drug felonies to the habitual sentencing schemes. For level 4 drug felonies, the act creates an exhaustion of remedies requirement prior to the court sentencing the defendant to prison. If an offender who is convicted of a level 4 drug felony is terminated from a community corrections sentence, the court shall hold a resentencing hearing or make written findings regarding the sentence. Under current law, a violation of the terms of a deferred judgment requires the court to enter the defendant’s guilty plea. The act allows the court to continue deferred judgment after a violation in a drug case after making findings of fact and imposing new conditions that may assist the defendant in successfully completing the deferred judgment. The act prohibits a plea agreement that requires the defendant to waive his or her right to petition to have the conviction record sealed. Effective October 1, 2013.

S.B. 13-271. Concerning funding for the address confidentiality program. By Sen. Nicholson and Rep. Primavera. The act repeals a prohibition against using general fund moneys for the address confidentiality program in the department of personnel to protect victims of domestic violence, a sexual offense, or stalking. Effective May 28, 2013.

S.B. 13-283. Concerning implementation of amendment 64 and, in connection therewith, making and reducing an appropriation. By Sen. Jahn and Rep. May. The act permits a local government to prohibit the use of a compressed flammable gas as a solvent in residential marijuana cultivation. The act allows retail marijuana businesses to participate in the medical marijuana responsible vendor program. The act declares that it is public policy of the state that a contract related to a marijuana business is not void or voidable as against public policy. The act requires the drug policy task force of the Colorado commission on criminal and juvenile justice to make recommendations to the general assembly regarding criminal law changes that need to be made in order to conform to Amendment 64. Effective May 28, 2013.

H.B. 13-1014. Concerning the taking of newspapers. By Rep. Levy and Sen. King. The act moves the crime of newspaper theft from statutes relating to theft to statutes relating to offenses involving communications and renames it interference with lawful distribution of newspapers. Effective August 7, 2013.

H.B. 13-1020. Concerning evidence collected in connection with a sexual assault and, in connection therewith, making an appropriation. By Rep. McNulty and Sen. Roberts. The act requires the executive director of the department of public safety to adopt rules concerning forensic medical evidence of a sexual assault (forensic evidence) collected by law enforcement agencies. The act specifies what must be included in the rules. The act requires law enforcement agencies and personnel at medical facilities performing forensic medical examinations to comply with the new rules within 90 days after their promulgation. The act requires state and local law enforcement agencies to develop and implements plans to resolve the backlog of unanalyzed forensic evidence. Effective June 5, 2013.

H.B. 13-1043. Concerning the statutory definition of a deadly weapon. By Rep. Foote and Sen. Heath. Under current law, for the purposes of criminal law, a deadly weapon is defined as a firearm, whether loaded or unloaded; a knife; a bludgeon; or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used is capable of producing death or serious bodily injury. The act modifies this definition so that a firearm, whether loaded or unloaded, qualifies as a deadly weapon regardless of the manner in which it is used or intended to be used. Effective March 15, 2013.

H.B. 13-1109. Concerning the application of mandatory protection orders to parolees. By Rep. Buck and Sen. Renfroe. A mandatory protection order entered against a person charged with a criminal offense remains in effect until final disposition of the action. The act amends the definition of "until final disposition of the action" to clarify that a defendant shall not be deemed to have been released from incarceration until the defendant has also been discharged from any period of parole supervision that follows such incarceration. Effective August 7, 2013.

H.B. 13-1129. Concerning creating the evidence-based practices implementation for capacity resource center and, in connection therewith, making an appropriation. By Rep. Pettersen and Sen. Newell. The act creates the evidence-based practices implementation for capacity resource center in the division of criminal justice in the department of public safety. The resource center will assist agencies serving juvenile and adult populations to develop, implement, and sustain effective science-based frameworks to support the use of evidence-based practices. Effective October 1, 2013.

H.B. 13-1146. Concerning rights of victims of identity theft. By Rep. Lebsock and Sen. Ulibarri. Under current law a victim of identity theft may ask a court to determine that he or she is factually innocent of a criminal charge based on misidentification. The act adds two additional processes for victims of identity theft. One, the victim of identity theft may pursue a records challenge with the Colorado bureau of investigation (CBI). If the records challenge is successful, the CBI issues the victim of identity theft a letter of misidentification and modifies the victim’s law enforcement-only and public criminal record accordingly. Second, a victim of identity theft that is not associated with a criminal matter may ask the district court in the jurisdiction where he or she lives for an order of factual innocence. If the court finds the person is factually innocent, the court issues the victim of identity theft an order of factual innocence. When the court enters a restitution order in a case of identity theft, the court must include the victim’s costs associated with seeking a declaration of factual innocence or a CBI records challenge. Effective March 15, 2013.

H.B. 13-1154. Concerning crimes against pregnant women and, in connection therewith, making an appropriation. By Rep. Foote and Sen. Steadman. The act creates a new article for offenses against pregnant women. The new offenses are unlawful termination of a pregnancy in the first degree, unlawful termination of a pregnancy in the second degree, unlawful termination of a pregnancy in the third degree, unlawful termination of a pregnancy in the fourth degree, vehicular unlawful termination of a pregnancy, aggravated vehicular unlawful termination of a pregnancy, and careless driving resulting in unlawful termination of a pregnancy. The act excludes from prosecution medical care for which the mother provided consent. The act does not confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth. The act repeals the criminal abortion statutes. Effective July 1, 2013.

H.B. 13-1156. Concerning creation of an adult diversion program and, in connection therewith, making an appropriation. By Rep. Levy and Sen. Steadman. The act repeals the adult deferred prosecution sentencing option and replaces it with an adult diversion program. A district attorney’s office only has to comply with the provisions of the adult diversion program if it receives state money to initiate or operate the program. A defendant who is charged with domestic violence or a sex offense is not eligible for the adult diversion program unless the person undergoes an evaluation and the district attorney decides based on the evaluation and other considerations that the person is appropriate for the program. The bill specifies that there are certain sex offenses that if a defendant is charged with are never appropriate for the adult diversion program. A defendant and district attorney may enter into a diversion agreement for up to two years prior to proceeding with the criminal case against the defendant. During the period of the diversion the defendant is subject to the supervisory conditions of the diversion agreement. If the defendant successfully completes the diversion period, the court shall dismiss with prejudice the charges against the defendant. If the defendant violates a condition of the diversion agreement, the prosecution may initiate revocation of diversion agreement proceedings against the defendant. The act creates a diversion funding committee; such committee must develop funding guidelines. Effective August 7, 2013.

H.B. 13-1160. Concerning criminal theft and, in connection therewith, reducing an appropriation. By Rep. Pabon and Sen. King. The act amends the penalties for criminal theft and amends criminal theft to include the existing statutory offenses of theft of rental property and theft by receiving. The existing statutory offenses of theft of rental property, theft by receiving, fuel piracy, and newspaper theft are repealed. Effective June 5, 2013.

H.B. 13-1163. Concerning payment for medical costs associated with obtaining a medical forensic examination for victims of sexual offenses and, in connection therewith, making an appropriation. By Rep. Kagan and Sen. Aguilar. The sexual assault victim emergency payment program (program) is created in the division of criminal justice (division) within the department of public safety. The purpose of the program is to help victims of sexual assault who need additional time to determine if they want to participate with the criminal justice system to pay for medical costs and fees associated with obtaining a medical forensic examination, which ensures that evidence of the assault is preserved regardless of whether the criminal justice system is engaged at the time of the assault and examination. The program is the payor of last resort. The division shall determine an annual cap on payment amount per victim based on actual and reasonable costs and available funds. Priority for the program must be to pay for indirect medical costs and fees incurred as the result of obtaining medical forensic examinations following a sexual assault for medical-reporting victims. Such indirect medical costs and fees may include, but are not limited to, emergency department fees and costs, laboratory fees, prescription medication, and physician’s fees. The program may also pay for any uncovered direct costs of the medical forensic examination for a medical-reporting victim. Effective May 13, 2013.

H.B. 13-1166. Concerning the repeal of certain crimes that include marital status as an element of the crime. By Rep. Kagan and Sen. Steadman. The act repeals the crime of promoting sexual immorality and adultery. Effective August 7, 2013.

H.B. 13-1195. Concerning human trafficking and, in connection therewith, making an appropriation. By Rep. Wright and Sen. Hill. The Colorado commission on criminal and juvenile justice (commission) is directed to review the results of the implementation of certain statutes concerning human trafficking and slavery since their enactment in 2006. The commission shall complete a report of its findings and submit the report to the judiciary committees of the house of representatives and senate, or any successor committees, on or before January 1, 2014. The act specifies the information to be included in the report. Effective August 7, 2013.

H.B. 13-1210. Concerning appointment of legal counsel during plea negotiations for indigent adult defendants and, in connection therewith, making an appropriation. By Rep. Kagan and Sen. Steadman. The act repeals a statute that requires an indigent person charged with a misdemeanor, petty offense, or motor vehicle or traffic offense to meet with the prosecuting attorney for plea negotiations before legal counsel is appointed. The act clarifies that appointment of the state public defender to represent indigent persons applies when the charged offense includes a possible sentence of incarceration. Portions effective September 1, 2013 and portions effective January 1, 2014.

H.B. 13-1224. Concerning prohibiting large-capacity ammunition magazines. By Rep. Fields and Sen. Hodge. The act prohibits the sale, transfer, or possession of a large-capacity magazine, which is defined as:

  • A fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition;
  • A fixed, tubular shotgun magazine that holds more than 28 inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or
  • A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than 8 shotgun shells when combined with a fixed magazine.

"Large-capacity magazine" does not mean:

  • A feeding device that has been permanently altered so that it cannot accommodate more than 15 rounds of ammunition;
  • An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or
  • A tubular magazine that is contained in a lever-action firearm.
  • A person may possess a large-capacity magazine if he or she owns the large-capacity magazine on July 1, 2013, and maintains continuous possession of the large-capacity magazine. The act specifies certain exemptions.

A large-capacity magazine that is manufactured in Colorado on or after July 1, 2013, must include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after July 1, 2013. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The Colorado bureau of investigation may promulgate rules that may require a large-capacity magazine that is manufactured on or after July 1, 2013, to bear identifying information in addition to the permanent stamp or marking. A person who manufactures a large-capacity magazine in Colorado in violation of the new provision commits a class 2 misdemeanor. Effective July 1, 2013.

H.B. 13-1228. Concerning requiring the colorado bureau of investigation to recoup the cost of performing an instant criminal background check prior to the transfer of a firearm and, in connection therewith, making and reducing an appropriation. By Rep. Court and Sen. Heath. The Colorado bureau of investigation (the bureau) shall impose a fee for performing an instant criminal background check pursuant to the transfer of a firearm. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the bureau in performing the background check. The amount collected as fees shall be transferred to the state treasurer for credit to the instant criminal background check cash fund, which fund is created in the act. Effective March 20, 2013.

H.B. 13-1229. Concerning criminal background checks performed pursuant to the transfer of a firearm and, in connection therewith, making an appropriation. By Rep. Fields and Sen. Carroll. Unless a specified exception applies, before any person who is not a licensed gun dealer transfers or attempts to transfer possession of a firearm, he or she shall:

  • Require that a background check be conducted of the prospective transferee; and
  • Obtain approval of the transfer from the Colorado bureau of investigation (bureau) after a background check has been requested by a licensed gun dealer.

A prospective firearm transferor shall arrange for the services of one or more licensed gun dealers to obtain a background check. A prospective firearm transferee shall not accept possession of a firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer. A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm. A person who violates one of the new provisions commits a class 1 misdemeanor. Under current law, the clerk of the court of every judicial district and probate court in the state must periodically report to the national instant criminal background check system subject to specified court orders relating to mental health or substance abuse. The act requires the state court administrator to report this information. The state court administrator is also required to report this information to the Colorado bureau of investigation. Effective March 20, 2013.

H.B. 13-1236. Concerning pre-trial release from custody. By Rep. Levy and Sen. Ulibarri. The act repeals and reenacts the provisions of the criminal procedure code related to bail bonds. The new provision places a greater emphasis on evidence-based and individualized decision-making during the bond-setting process and discourages use of monetary conditions for bond. Effective May 11, 2013.

H.B. 13-1241. Concerning a statewide automated victim information notification system and, in connection therewith, making and reducing appropriations. By Rep. Fields and Sen. Guzman. The act authorizes the general assembly to appropriate, and directs the division of criminal justice in the department of public safety to distribute, moneys for a statewide victim information and notification system. Effective May 28, 2013.

H.B. 13-1242. Concerning a repeal of the mandatory sentencing requirement for violation of bail bond conditions for certain offenders. By Rep. Pettersen and Sen. King. The act limits the mandatory incarceration or jail and consecutive sentencing provisions for the offense of violation of bail bond conditions to only a person who:

  • Fails to appears with the intent to avoid prosecution or sentencing;
  • Is convicted of committing a crime while out on bond; or
  • Is on bond for an offense that would require the person to report as a sex offender.

The offense also requires mandatory consecutive sentencing. Effective July 1, 2013.

H.B. 13-1254. Concerning restorative justice and, in connection therewith, making an appropriation. By Rep. Lee and Sen. Newell. Prior to the act, restorative justice victim-offender conferences must be initiated by the victim. The act modifies the requirement of victim initiation in some instances to permit a suitable defendant to request to participate. The defendant must make the request through the district attorney. There is a restorative justice coordinating council established in the state court administrator’s office; such council shall develop a uniform restorative justice satisfaction evaluation. The council shall collect information regarding all existing restorative justice programs and practices and report that data to the house and senate judiciary committees by January 31, 2014. The act creates a pilot project for restorative justice programs in four judicial districts. The pilot project sites must annually report to the division of criminal justice in the department of public safety certain information on the pilot projects. The division of criminal justice shall prepare an annual report based on the information received. The act directs the judicial districts to establish guidelines prior to implementing a program. Effective August 7, 2013.

H.B. 13-1308. Concerning allowing a law enforcement agency to acquire call location information from a telecommunications device without a court order in an emergency situation. By Rep. Kagan and Sen. Ulibarri. Any supervising representative of a law enforcement agency (requesting authority) may order a previously designated security employee of a wireless telecommunications provider may provide to a law enforcement agency, without a court order, location information concerning the telecommunications device of a named person if any supervising representative of a law enforcement agency has probable cause to believe specified circumstances exist. Effective May 13, 2013.

H.B. 13-1323. Concerning requiring the department of corrections to obtain clarification if a court-issued mittimus omits instruction concerning whether a defendant’s sentences are to be served consecutively or concurrently. By Rep. Levy and Sen. Guzman. If the department of corrections (department) receives custody of a defendant sentenced to serve two or more terms of incarceration, and any mittimus concerning the defendant’s sentences does not clearly indicate whether the sentences are to be served consecutively or concurrently, the department shall seek clarification in writing from the court within two business days after the department receives the mittimus. A court that receives a request for clarification from the department shall respond and clarify the mittimus in writing not more than two business days after receiving the request. The court shall provide a copy of the court’s response to the counsel of record for the prosecution and the defense. Until the department obtains clarification of the mittimus, the department shall not make any determination of the defendant’s parole eligibility date or mandatory release date. Before remitting any mittimus sentencing a defendant to the custody of the department, a court shall confirm that the mittimus properly reflects the sentencing order of the court and includes all necessary information regarding the sentence and any information as to whether a sentence is to be served concurrent with, or consecutive to, the sentence for any other count or any other case. Effective May 28, 2013.

ELECTIONS

H.B. 13-1038. Concerning the voting rights of individuals in the custody of the division of youth corrections within the department of human services. By Rep. Rosenthal and Sen. Todd. In the case of any individual committed to a juvenile facility and in the custody of the division of youth corrections (division) in the department of human services (department) who is 18 years of age or older on the date of the next election, the act requires the administrator of the facility in which the individual is committed to facilitate the registration for voting purposes of, and voting by, the individual. In connection with this requirement, the act requires the administrator to provide the individual information regarding his or her voting rights and how the individual may register to vote and cast a mail or mail-in ballot, provide the individual with voter information materials upon the request of the individual, and ensure that any mail or mail-in ballot cast by the individual is timely delivered to the designated election official. Effective March 15, 2013.

H.B. 13-1135. Concerning the ability of a person to preregister to vote if the person has reached sixteen years of age but will not be eighteen years of age by the date of the next election and, in connection therewith, making an appropriation. By Rep. Singer and Sen. Kerr. Previously, in order to register to vote, a person was required to be at least 18 years of age by the date of the next election. The act enables any person who has attained 16 years of age, but who will not reach 18 years of age by the date of the next election, and who is otherwise qualified to register, to preregister to vote using any means available to persons of voting age. Such registration automatically becomes active when the preregistrant will be 18 years of age on the date of the next election. A preregistrant’s personal information is confidential until that time. Preregistrants who will be 18 years of age on the date of the next election are also eligible to participate in early voting and to receive and vote via mail and mail-in ballots. Effective January 1, 2014.

H.B. 13-1303. Concerning measures to strengthen the participation of individuals in the electoral process and, in connection therewith, reducing the minimum durational requirement for an elector to qualify as a state resident, allowing electors to register to vote through election day, repealing the category of voter inactivity triggered by an elector’s failure to vote, requiring mail ballots to be sent to active electors for elections conducted under the "Uniform Election Code of 1992," replacing polling places with voter service and polling centers and ballot drop-off locations for mail ballot elections, and making an appropriation. By Rep. Hullinghorst and Sen. Giron. The act creates the "Voter Access and Modernized Elections Act," which implements various changes to the "Uniform Election Code of 1992" (code).

  • Residency. Previously, to be eligible to register to vote, a person must have resided both in the state and in the precinct in which he or she intended to register for at least 30 days prior to an election. The act shortens the time required for state residency to 22 days and eliminates the minimum time that an elector must have resided within a Colorado precinct.
  • Registration. Under previous law, voter registration was to be effected no later than 29 days before an election for a person to cast a ballot in that election. The act expands the time during which a person may register to vote in an election and describes the deadlines associated with the various methods of voter registration.
  • Mail ballot elections. Under the act, a mail ballot election is an election for which active registered electors receive a ballot by mail and may then cast the ballot by mail, deposit it at a drop-off location, or go to a voter service and polling center to cast a ballot in person. The act requires all general, primary, odd-year, coordinated, presidential, special legislative, recall, and congressional vacancy elections to be conducted as mail ballot elections. Consequently, the ability of an elector to apply for permanent mail-in status is removed from the code. The act limits code provisions relating to early and mail-in voting to municipality and special district elections conducted under state law.
  • Voter service and polling centers and ballot drop-off locations. To complement the implementation of mail ballot elections, the act requires county clerk and recorders to establish a minimum number of voter service and polling centers, depending on the number of active registered voters in the county. Factors that county clerk and recorders must consider in designating voter service and polling centers are enumerated.
  • Inactivity by reason of failure to vote. The act repeals the category of voter inactivity that is triggered by an elector’s failure to vote and makes all such voters active. As a result, such voters will receive mail ballots in future elections.
  • Electronic communications transmission. Except for ballots and voter information cards, upon request, county clerks and recorders are authorized to transmit electronically elections-related communications to voters.
  • Colorado voter access and modernized elections commission. The Colorado voter access and modernized elections commission (commission) is created for the purpose of evaluating implementation of the act and assessing systems used in the state for voting and registration.
  • Accuracy of voter information. Beginning July 1, 2013, the secretary of state must conduct a monthly national change of address search on all electors whose names appear in the statewide voter registration list. The secretary of state must transmit data gathered in such searches to county clerk and recorders, who are required to update electors’ records pursuant to statutorily prescribed procedures.
  • Terminology. The act alters various terms used in the code.

Portions effective May 10, 2013 and portions effective August 7, 2013.

FAMILY LAW

S.B. 13-11. Concerning authorization of civil unions and, in connection therewith, making an appropriation. By Sen. Steadman and Rep. Ferrandino. The act authorizes the creation of civil unions in Colorado. Two persons, regardless of gender, may enter into a civil union if they are not related by blood, not married to or in a civil union with another person, and are over the age of 18. Parties wanting to enter into a civil union apply to a county clerk and recorder for a civil union license. The act specifies the persons who may certify a civil union. After the civil union is certified, the officiant files the civil union certificate with the county clerk and recorder. A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to free exercise of religion.

The executive director of the department of public health and environment and the state registrar of vital statistics will issue forms necessary to implement the act. Each county clerk and recorder submits records of registered civil unions to the office of vital statistics. A county clerk and recorder collects a $7 fee for a civil union license, which fee is credited to the vital statistics records cash fund. The state registrar of vital statistics is authorized to set and collect an additional fee for verification of civil unions, which fee is credited to the vital statistics records cash fund. A county clerk and recorder also collects a $20 fee to be credited to the Colorado domestic abuse program fund.

The rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law that are granted or imposed under the law to spouses apply in like manner to parties to a civil union, including the following:

  • Responsibility for financial support of a party to a civil union;
  • Rights and abilities concerning transfer of real or personal property to a party to a civil union;
  • The ability to file a claim based on wrongful death, emotional distress, loss of consortium, dramshop, or other laws, whether common law or statutory, related to or dependent upon spousal status;
  • Prohibitions against discrimination based upon spousal status;
  • The probate laws relating to estates, wills, trusts, and intestate succession, including the ability to inherit real and personal property from a party in a civil union under the probate code;
  • The probate laws relating to guardianship and conservators, including priority for appointment as a conservator, guardian, or personal representative;
  • Survivor benefits under and inclusion in workers’ compensation laws;
  • The right of a partner in a civil union to be treated as a family member or as a spouse under the "Colorado Employment Security Act" for purposes of unemployment benefits;
  • The ability to adopt a child of a party to a civil union;
  • The ability to insure a party to a civil union under group benefit plans for state employees;
  • The ability to designate a party to a civil union as a beneficiary under the state public employees retirement system;
  • Survivor benefits under local government firefighter and police pensions;
  • Protections and coverage under domestic abuse and domestic violence laws;
  • Rights and protections under victims’ compensation laws and victims and witness protection laws;
  • Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation;
  • Rights to visit a party in a civil union in a correctional facility, jail, or private contract prison or in a facility providing mental health treatment;
  • The ability to file a complaint about the care or treatment of a party in a civil union in a nursing home;
  • Rights relating to declarations concerning administering, withholding, or withdrawing medical treatment, proxy decision-makers and surrogate decision-makers, CPR directives, or directives concerning medical orders for scope of treatment forms with respect to a party to a civil union;
  • Rights concerning the disposition of the last remains of a party to a civil union;
  • The right to make decisions regarding anatomical gifts;
  • Eligibility for family leave benefits;
  • Eligibility for public assistance benefits;
  • A privilege from providing compelled testimony against a party in a civil union and evidentiary privileges for parties to a civil union;
  • The right to apply for emergency or involuntary commitment of a party to a civil union;
  • The right to claim a homestead exemption;
  • The ability to protect exempt property from attachment, execution, or garnishment;
  • Dependent coverage under life insurance for plans issued, delivered, or renewed on or after January 1, 2014;
  • Dependent coverage under health insurance policies for plans issued, delivered, or renewed on or after January 1, 2014; and
  • Other insurance policies that provide coverage relating to joint ownership of property for plans issued, delivered, or renewed on or after January 1, 2014.

The same processes that are provided in law for dissolution, legal separation, and declaration of invalidity of a marriage apply to dissolution, legal separation, and declaration of invalidity of a civil union. Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in the state. The courts are directed to follow the laws of Colorado in a matter filed in Colorado that is seeking a dissolution, legal separation, or invalidity of a civil union that was entered into in another state. The courts are authorized to collect docket fees for the dissolution of a civil union, legal separation of a civil union, and declaration of invalidity of a civil union.

Parties to a civil union may create agreements modifying the terms and conditions of a civil union in the manner specified in the law for creating marital agreements. The act states that the civil unions act does not invalidate or affect an otherwise valid domestic partnership agreement or civil contract between two individuals who are not married to each other if the agreement or contract was made prior to May 1, 2013, or, if made after May 1, 2013, the agreement or contract is not made in contemplation of entering into a civil union.

The act includes a statement that the civil unions act shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state that recognizes only the union of one man and one woman as a marriage.

The act includes a reciprocity and principle of comity section that states that a relationship between two persons that does not comply with section 31 of article II of the state constitution and that is legally entered into in another jurisdiction is deemed in Colorado to be a civil union and that, under principles of comity, a civil union or domestic partnership or a substantially similar legal relationship between two persons that is legally created in another jurisdiction is deemed to be a civil union for purposes of Colorado law. The act includes a severability clause.

Until a statutory change is enacted to authorize the filing of a joint state tax return by parties to a civil union, the act includes a statement that it shall not be construed to permit the filing of a joint income tax return by the parties to a civil union.

A custodian of records is prohibited from allowing a person, other than the person in interest or an immediate family member of the person in interest, to inspect the application for a civil union license of any person; except that a district court may order the custodian to permit inspection of the license application for a civil union upon a showing of good cause. A record of an application for a civil union license is available for public inspection 50 years after the date that the record was created.

A person who has entered into a designated beneficiary agreement under Colorado’s designated beneficiary statute is precluded from entering into a civil union with a different person. If both parties to a designated beneficiary agreement are eligible to enter into a valid civil union and subsequently enter into a civil union, the civil union certificate constitutes a superseding legal document that supersedes, invalidates, and revokes the prior designated beneficiary agreement.

The act took effect May 1, 2013; except that the provisions relating to the inclusion of a partner in a civil union as a dependent on a health or life insurance policy and the provisions relating to insurance policies concerning the ownership of property take effect January 1, 2014. Portions effective May 1, 2013 and portions effective January 1, 2014.

H.B. 13-1058. Concerning guidelines for the determination of spousal maintenance. By Rep. McCann and Sen. Kerr. The act creates a process, including guidelines as to amount and term, for determining an award for spousal maintenance at temporary or permanent orders in proceedings for a dissolution of marriage, legal separation, or declaration of invalidity filed on or after January 1, 2014.

Key points in the new process include:

  • Initial findings of fact concerning each party’s gross income, marital property, financial resources, and reasonable need as established during the marriage;
  • Findings concerning the guideline amount and term of maintenance for marriages of at least three years where the parties’ annual combined gross income does not exceed $240,000 or the uppermost limits of the Colorado child support guidelines, whichever is greater; and
  • Factors related to determining the appropriate amount and term of maintenance.

The act specifies that the maintenance guidelines as to the amount and term of maintenance do not create a presumption. The court maintains discretion to determine the maintenance award after making the required findings and considering all of the provisions of the law. The court must make written or oral findings in support of its maintenance award or a denial of maintenance.

Maintenance orders will be modified pursuant to the existing modification statute, and the court may consider the maintenance guidelines only in a modification or termination hearing proceeding concerning an award of maintenance entered on or after January 1, 2014. The act specifies that the enactment of the new statutory provision on spousal maintenance does not constitute a substantial and continuing change of circumstances for purposes of modifying maintenance orders entered prior to January 1, 2014.

The act includes provisions for securing maintenance awards and for a party to waive maintenance, to accept a reduced amount of maintenance, and to enter into agreements relating to maintenance. Additionally, the act defines "gross income" for purposes of applying the maintenance guidelines and for determining maintenance.

Finally, the act amends the current statute for modification of maintenance by clarifying when maintenance terminates and by creating a rebuttable presumption of good faith in favor of a payor spouse who retires after he or she reaches full social security retirement age. Effective January 1, 2014.

H.B. 13-1200. Concerning the "Uniform Deployed Parents Custody and Visitation Act." By Rep. Gardner and Sen. Roberts. The act establishes the "Uniform Deployed Parents Custody and Visitation Act." Provisions of the act address:

  • Custodial responsibility, caretaking, and decision-making authority during the deployment of one parent who is a service member;
  • Procedures for granting custodial responsibility and caretaking or decision-making authority during deployment, interim orders, filing orders with the court, hearings, and child support; and
  • Custodial responsibility, visitation, and temporary orders after return from deployment and termination of interim agreements and orders.

Effective May 10, 2013.

H.B. 13-1204. Concerning the "Uniform Premarital And Marital Agreements Act." By Rep. Gardner and Sen. Ulibarri. The act enacts the "Uniform Premarital and Marital Agreements Act" (uniform act) drafted by the national conference of commissioners on uniform state laws. The act describes the formation of premarital and marital agreements, when such agreements are effective, when a premarital or marital agreement is enforceable, and provisions in premarital or marital agreements that are unenforceable.

The act differs from the uniform act with respect to the enforcement of spousal maintenance provisions in a premarital or marital agreement. Under the act, provisions relating to spousal maintenance are unenforceable if the provisions are unconscionable at the time of enforcement. The act contains a specific statutory provision clarifying that persons joined or to be joined in a civil union may enter into agreements under the act. The act applies to premarital or marital agreements signed on or after July 1, 2014. The act also amends a probate provision relating to the waiver of marital rights or obligations to conform to the uniform act. Effective July 1, 2014.

H.B. 13-1209. Concerning changes to child support provisions. By Rep. May and Sen. Nicholson. The act makes several changes to the child support sections of the Uniform Dissolution of Marriage Act:

  • Revises the schedule of basic child support obligations, including the application of a minimum order formula for income below $1,100 per month rather than the existing level of $850 per month;
  • Revises the minimum child support amount in circumstances in which the parents’ combined monthly adjusted gross income is less than $1,100 per month to $50 per month for one child; $70 per month for two children; $90 per month for three children; $110 per month for four children; $130 per month for five children; and $150 per month for six or more children;
  • Revises the formula for calculating the low-income adjustment by removing the 40% multiplier factor;
  • Adds language concerning the handling and application of lump sum social security disability benefits or retirement benefits;
  • Revises the duties, make-up, and terms of the child support commission; and
  • Provides language concerning the retroactive establishment of child support in situations where there has been a post-order change of physical care agreed on by the parents.

Effective August 7, 2013.

H.B. 13-1243. Concerning factual findings included in parenting time orders. By Rep. Young and Sen. Ulibarri. The act requires a court that restricts parenting time based on a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development to enumerate in its order the specific findings supporting the restriction on parenting time. Effective August 7, 2013.

H.B. 13-1259. Concerning court orders in civil actions for persons at risk of abuse or neglect and, in connection therewith, procedures for allocating parental rights and responsibilities in the best interests of the child in cases involving child abuse and neglect and domestic violence; provisions relating to parenting time orders; provisions relating to parenting time evaluations and reports; amending and relocating provisions relating to civil protection orders; and making an appropriation. By Rep. McCann and Sen. Newell. The act makes amendments to various provisions of law relating to civil actions and orders. The act amends provisions in the "Uniform Dissolution of Marriage Act," as follows:

  • Includes a declaration that children have the right to be emotionally, mentally, and physically safe when in the care of either parent and the right to reside in and visit homes that are free of domestic violence and child abuse or neglect;
  • In the determination of the best interests of a child with respect to the allocation of parental rights and responsibilities:
    • Requires a court to follow certain procedures in actions where a claim of child abuse or neglect or domestic violence has been made to the court or when the court has reason to believe that a party has committed child abuse or neglect or domestic violence;
    • In contested hearings on final orders, requires the court to make findings on the record concerning the factors the court considered and the reasons for the allocation of rights and responsibilities;
    • Permits the court to allocate mutual decision-making for a child in a case that involves domestic violence, over objections, if the court makes certain findings;
    • Requires the court to consider the current statutory factors concerning the best interests of the child in light of any finding of child abuse or neglect or domestic violence;
    • Includes certain factors that the court may consider when formulating or approving a parenting plan in cases where one of the parties has committed child abuse or neglect or domestic violence;
    • Permits the court to order a domestic violence evaluation and subsequent evaluations and to require a party to participate in domestic violence treatment; and
    • Includes general procedures that may be included in parenting plans;
  • Provides that a court is not required to order a parenting time evaluation and includes a list of factors that the court shall consider in determining whether to order an evaluation; and expands statutory language relating to domestic violence and increases from seven days to fourteen days the time within which the court must hear and rule on an emergency motion to restrict parenting time.

Civil protection orders. The act amends, repeals, and relocates the statutory provisions relating to civil protection orders, and makes the following amendments:

  • Adds additional language to the legislative declaration;
  • Adds a new definition for "contact" and "sexual assault or abuse," and amends existing definitions for "domestic abuse," "protection order," and "stalking";
  • Repeals and relocates with amendments the prior statutory section on civil protection orders;
  • Adds additional behaviors to the list of behaviors for which a court may enter an emergency protection order;
  • With respect to temporary civil protection orders:
    • Adds to the list of behaviors for which a temporary civil protection order may be entered;
    • Clarifies that a petitioner is not required to show that he or she has reported the act that is the subject of the complaint to law enforcement, that charges have been filed, or that he or she is participating in the prosecution of the criminal matter; and
    • An order awarding temporary care and control of the child may be extended for not more than one year;
  • Specifies additional provisions that a court may include as part of a civil protection order;
  • With respect to permanent civil protection orders, clarifies that the court need not find that the petitioner is in imminent danger in order to grant a permanent civil protection order and that the court may continue a temporary civil protection order and the show cause hearing for one year for good cause;
  • With respect to the modification and termination of civil protection orders:
    • Allows a restrained party to file for modification or dismissal of a permanent civil protection order two years after the order was entered or after the disposition of a prior motion; and
    • As grounds to deny the modification or dismissal of a permanent civil protection order, permits the court to consider whether the continued safety of the protected person depends upon the protection order remaining in place because the order has been successful in preventing harm to the protected person.

Effective July 1, 2013.

FINANCIAL INSTITUTIONS

S.B. 13-154. Concerning continuation of the division of banking and, in connection therewith, implementing the recommendations of the 2012 sunset report by the department of regulatory agencies. By Sen. Jahn and Rep. Williams. The act implements the recommendations of the sunset review and report on the division of banking by:

  • Extending the automatic termination date of the division, including the banking board, until September 1, 2024, pursuant to the provisions of the sunset law;
  • Repealing industrial banks;
  • Repealing the authority for and regulation of private family trust companies;
  • Allowing interstate banks to establish a branch in Colorado by either the creation of a new financial institution or through the acquisition of an existing financial institution; and
  • Specifying the existing laws that banks exercising trust powers must comply with to invest fiduciary funds within a reasonable time.

The act also makes a variety of amendments to facilitate compliance with changes in federal law and requires the directors of a trust company to have fidelity bonds for its officers and employees, to carry hazard insurance, and to annually specify the amount of the bonds and insurance in its minutes. Effective July 1, 2013.

S.B. 13-159. Concerning continuation of the division of financial services. By Sen. Jahn and Rep. Court. The act implements the recommendations of the sunset review and report on the division of financial services by repealing outdated provisions concerning: An expired limit on the number of branches a credit union can have; surety bond requirements for the commissioner and deputy commissioner of the division of financial services (division); methods of verifying members’ share, deposit, and loan accounts; and the power of the financial services board to issue subpoenas to small business development credit corporations, which are no longer regulated. The automatic termination date of the division is extended until September 1, 2024. Effective May 11, 2013.

GOVERNMENT—COUNTY

H.B. 13-1051. Concerning the public trustee for the city and county of Denver. By Rep. Pabon and Sen. Guzman. The city and county of Denver is the only local government that is classified as a county of the first class for purposes of the public trustee law. The act modifies the public trustee law to state that the public trustee for the city and county of Denver is an officer as specified in its charter or code rather than a person appointed by the governor. The act further modifies the public trustee law to eliminate references to a county of the first class in the portion of the law that specifies the salaries of the public trustees in the different classes of counties. Effective August 7, 2013.

GOVERNMENT—LOCAL

S.B. 13-226. Concerning the creation of the "Dog Protection Act." By Sen. Balmer and Rep. Court. In order to prevent or reduce the number of dogs shot by officers of municipal police departments and sheriffs’ offices (collectively, "local law enforcement officers"), the act requires local law enforcement agencies to:

  • Develop training programs to prepare local law enforcement officers for encounters with dogs in the line of duty, which training must emphasize how to recognize common dog behaviors and how to employ nonlethal methods to control or respond to dogs; and
  • Adopt policies and procedures setting forth the appropriate ways to handle dog encounters, including policies and procedures that allow dog owners to remove or control their dogs whenever circumstances warrant.

The act creates a dog protection task force to set minimum standards for qualified animal behavior experts or licensed veterinarians who provide the required training to local law enforcement officers, to develop minimum training curricula to be used by local law enforcement agencies, and to develop web- or video-based training that may be used by local law enforcement agencies. Effective May 13, 2013.

S.B. 13-258. Concerning a clarification that each application included in the definition of development permit constitutes a stage in the development permit approval process. By Sen. Hodge and Rep. Moreno. With respect to the definition of a "development permit" as used in connection with statutory provisions requiring that land development be supported by an adequate water supply, the act modifies the definition to clarify that each application included in the definition of the term constitutes a stage in the development permit approval process. Effective May 23, 2013.

GOVERNMENT—SPECIAL DISTRICTS

H.B. 13-1302. Concerning a modification of the requirements governing proceedings to consolidate special districts. By Rep. Moreno and Sen. Ulibarri. Under current law, a proceeding to consolidate special districts that is already governed by certain provisions of the "Special District Act" is not subject to additional procedures referred to as the "Control Act" unless the proceeding results in the consolidation of a special district or the consolidation of services within the boundaries of any existing municipality or within a radius of three miles of the municipality. Under the act, in order for the provisions of the "Control Act" to apply to such consolidation proceedings, the proceedings will have to result in the creation of a consolidated district that will provide new or different services within the boundaries of any existing municipality as compared to the services either being provided or that are authorized to be provided to the municipality by one or more of the consolidating special districts as of the time of the commencement of the consolidation proceedings. Effective August 7, 2013.

GOVERNMENT—STATE

S.B. 13-23. Concerning an increase in the limitation on the amount of damages that may be recovered by an injured party under the "Colorado Governmental Immunity Act." By Sen. Cadman and Rep. Levy. Currently, the Colorado Governmental Immunity Act sets as a maximum amount that may be recovered by a person suing a public entity or public employee for loss or injury caused by the entity or employee in any single occurrence, whether from one or more public entities and public employees:

  • For any injury to one person in any single occurrence, the sum of $150,000; and
  • For an injury to two or more persons in any single occurrence, the sum of $600,000, and, in such circumstances, the act prohibits any single person from recovering in excess of $150,000.

To ensure these limitations on damages reflect the effects of inflation since the specific limitations were last increased by the general assembly, the act increases the damages limitation for any injury to one person in any single occurrence to $350,000. For an injury to two or more persons in any single occurrence, the act increases the damages limitation to $990,000 and further specifies that, in such circumstances, a single person is precluded from recovering in excess of $350,000. The act further provides that the increased damages amounts are to be adjusted for inflation every four years. The act requires the secretary of state to make this required adjustment on an every four-year basis commencing not later than January 1, 2018, to certify the amount of the adjustment, and to publish the amount of the adjustment on the secretary of state’s web site. Effective July 1, 2013.

S.B. 13-129. Concerning the modification of certain statutory requirements directing the office of the state auditor to review compliance with statutory obligations and, in connection therewith, reducing an appropriation. By Sen. Tochtrop and Rep. Williams. The act modifies certain statutory requirements directing the office of the state auditor (OSA) to review compliance with statutory obligations. Notably, the state auditor is permitted to conduct a performance review of the administrative law judges in the office of administrative courts who hear cases relating to workers’ compensation matters at the auditor’s discretion. Effective May 24, 2013.

S.B. 13-158. Concerning the continuation of the preparation of cost-benefit analysis of proposed rules of executive branch agencies and, in connection therewith, implementing the recommendations of the 2012 sunset report of the department of regulatory agencies. By Sen. Balmer and Rep. Ryden. The act extends the sunset review of the cost-benefit analysis of proposed rules of state agencies in the "State Administrative Procedure Act" until 2018. Any person may, within five days after publication of the notice of proposed rule-making by a state agency, request that the department of regulatory agencies (DORA) require the state agency (agency) to submit a cost-benefit analysis of the proposed rules. The executive director of DORA, or his or her designee, shall determine, after consultation with the agency, whether to require the agency to prepare a cost-benefit analysis. If the executive director or designee determines that a cost-benefit analysis is required, the agency is required to complete a cost-benefit analysis at least ten days before the rule-making hearing, post the analysis on the agency’s web site, and submit a copy to the executive director or his or her designee. By filing an additional notice in the Colorado register, the agency may postpone the hearing on the rules to comply with the requirement to complete the cost-benefit analysis at least 10 days before the hearing. The executive director of DORA, or his or her designee, shall distribute the proposed rules submitted by an agency, the agency’s statement of the subject matter or purpose of the proposed rule, and any cost-benefit analysis prepared to all persons who have requested to receive notices from DORA. Effective July 1, 2013

S.B. 13-176. Concerning authorization for the state treasurer to invest state moneys in debt obligations backed by the full faith and credit of the state of Israel. By Sen. Scheffel and Rep. Everett. The act authorizes the state treasurer to invest state moneys in debt obligations backed by the full faith and credit of the state of Israel that are rated in one of the 2 highest rating categories by a nationally recognized rating organization. Effective August 7, 2013.

S.B. 13-184. Concerning repeal of the criminal penalties for discrimination in places of public accommodation. By Sen. Steadman and Rep. Rosenthal. The act repeals criminal provisions for violating the discrimination in places of public accommodation statutes. Effective April 19, 2013.

H.B. 13-1001. Concerning an advanced industry grant program and, in connection therewith, enacting the "advanced industries acceleration act"; adding representatives from advanced industries to the economic development commission; repealing the bioscience discovery evaluation grant program and the clean technology discovery evaluation grant program; creating the Colorado advanced industries acceleration cash fund to be used to provide proof-of-concept grants, early-stage capital and retention grants, and infrastructure funding grants; and reducing an appropriation. By Rep. Young and Sen. Heath. The act creates the advanced industries acceleration grant program (program) in the Colorado office of economic development (office). The advanced industries are advanced manufacturing, aerospace, bioscience, electronics, energy and natural resources, infrastructure engineering, and information technology. Effective August 7, 2013.

H.B. 13-1002. Concerning moneys for small business development centers and, in connection therewith, making an appropriation. By Rep. Tyler and Sen. Jahn. The act requires the Colorado office of economic development (office) to expend $200,000 for small business development centers (SBDCs) in each of the 2013-14, 2014-15, and 2015-16 state fiscal years. Appropriations made for this purpose are declared to be in addition to any other moneys the office receives. The state director of SBDCs in the office is directed to expend between 10% and 15% of these moneys per year to increase awareness of SBDCs and to equitably apportion the remainder for distribution to SBDCs across the state. Effective May 10, 2013

H.B. 13-1003. Concerning the creation of an economic gardening pilot project in the Colorado office of economic development and, in connection therewith, making an appropriation. By Rep. Lee and Sen. Heath. The act establishes an economic gardening pilot project in the Colorado office of economic development (office). Through the pilot project, staff members of the office and small business development centers (SBDCs) who have been trained and certified in economic gardening principles and practices provide 12 months of strategic assistance to at least 20 Colorado-headquartered second-stage companies and SBDC clients selected by the state director of SBDCs in the office. Participating companies pay a one-time fee to the office, which fees are deposited into the newly created economic gardening pilot project fund for reinvestment in the pilot project. Effective May 24, 2013.

H.B. 13-1008. Concerning the extension of the veterans’ preference in state hiring to the spouse of a veteran if the veteran is unable to work due to a military service-connected disability. By Rep. Ryden and Sen. Todd. The act extends the veterans’ hiring preference as outlined in the state constitution to the spouse of a veteran who is eligible for preference but has a military service-connected disability and is unable to work. If a numerical method is used for the comparative analysis of candidates, five points are added to the comparative analysis score of a candidate who is the spouse of such a veteran. If a nonnumerical method is used for the comparative analysis of candidates, a candidate who is the spouse of such a veteran is added to the interview eligible list. A candidate is not eligible to receive preference with respect to a promotional opportunity. Effective March 8, 2013.

H.B. 13-1012. Concerning the extension of financial incentives for wildfire mitigation. By Rep. Ryden and Sen. Todd. The act continues an income tax deduction for a landowner who performs wildfire mitigation measures on private land in a wildland-urban interface area. The act continues the authority of the Colorado water resources and power development authority to issue bonds for the purposes of funding watershed protection and forest health projects. Effective April 4, 2013.

H.B. 13-1041. Concerning procedures governing the transmission of public records that are copied in response to a request for inspection of such records under the "Colorado Open Records Act." By Rep. Pettersen and Sen. Kefalas. Upon request for records transmission by a person seeking a copy of any public record under the "Colorado Open Records Act" (CORA), the act requires the records custodian to transmit a copy of the record by United States mail, other delivery service, facsimile, or electronic mail. The act prohibits the imposition upon the record requester of fees for transmitting public records via electronic mail. Within the period specified in existing provisions of CORA, the act requires the custodian to notify the record requester that a copy of the record is available but will only be sent to the requester once the custodian either receives payment or makes arrangements for receiving payment for all costs associated with records transmission and for all other fees lawfully allowed, unless recovery of all or any portion of such costs or fees has been waived by the custodian. Upon either receiving such payment or making arrangements to receive such payment at a later date, the act requires the custodian to send the record to the requester as soon as practicable but no more than three business days after receipt of, or making arrangements to receive, such payment. Effective March 8, 2013.

H.B. 13-1136. Concerning the creation of remedies in employment discrimination cases brought under state law. By Rep. Levy and Sen. Carroll. Current law does not permit an award of compensatory or punitive damages or attorney fees and costs to a plaintiff who prevails in a complaint before the Colorado civil rights commission (commission) or in a lawsuit alleging a discriminatory or unfair employment practice under state law, even in cases of intentional discrimination. While federal employment antidiscrimination laws allow such damages in cases where intentional discrimination is found, and allows an award of reasonable attorney fees and costs, only employers who employ 15 or more employees are subject to federal law. Moreover, victims of employment discrimination on the basis of sexual orientation are not afforded protections under federal law. Thus, employees who work for employers with fewer than 15 employees or who claim employment discrimination on the basis of sexual orientation are not allowed compensatory or punitive damages and cannot recover reasonable attorney fees and costs when they prove a case of intentional employment discrimination.

The act establishes the "Job Protection and Civil Rights Enforcement Act of 2013," which allows the additional remedies of compensatory and punitive damages in employment discrimination cases brought under state law against employers where intentional discrimination is proven. These damages are in addition to the remedies allowed under current law, namely, front pay, back pay, interest on back pay, reinstatement or hiring, and other equitable relief that may be awarded. Compensatory damages are to compensate a plaintiff for other pecuniary losses as well as emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. If the plaintiff shows by clear and convincing evidence that the defendant engaged in a discriminatory or unfair employment practice with malice or reckless indifference to the rights of the plaintiff, the plaintiff may recover punitive damages. However, a plaintiff may not recover punitive damages against:

  • The state or a political subdivision, commission, department, institution, or school district of the state;
  • A defendant who demonstrates good-faith efforts to prevent discriminatory and unfair employment practices; or
  • A defendant who demonstrates good-faith efforts to identify and make reasonable workplace accommodations for a person with a disability employed by the defendant.

The amount of compensatory and punitive damages is limited to the amounts specified in the federal "Civil Rights Act of 1991," but the following limits on damage awards apply to the following employers:

  • For employers who employ between one and four employees, $10,000; or
  • For employers who employ between five and fourteen employees, $25,000.

When determining the amount of damages to award a victim, the court is to consider the size and assets of the defendant and the egregiousness of the intentional discriminatory or unfair employment practice. A plaintiff who asserts employment discrimination claims under both federal and state law is limited to recovery only once for the same injuries, damages, or losses. When a plaintiff claims discrimination based on age, the plaintiff may only recover relief authorized under federal law, which includes front pay, back pay, and liquidated damages but excludes compensatory and punitive damages.

When a plaintiff claims compensatory or punitive damages in a civil lawsuit, either party to the action is entitled to demand a jury trial. Additionally, the court may award the prevailing plaintiff reasonable attorney fees and costs, and, if the court finds that the action was frivolous, groundless, or vexatious, the court may award attorney fees and costs to the defendant.

When a person seeks damages for an intentional discriminatory or unfair employment practice, the person cannot obtain those damages from the commission or, for state employees, from the state personnel board (board); rather, the person must file a civil action in the appropriate district court to pursue a damage award. The act establishes a process for a complaining party to pursue a damages claim in court after exhausting applicable administrative proceedings, under which process an order or written decision issued by the commission or board is stayed and cannot be appealed by the complaining party or respondent until the damages case is tried in district court and the court issues a decision. Claims for compensatory damages against the state are payable from the risk management fund.

The act removes the maximum age limit for purposes of age discrimination claims, thereby permitting persons 70 years of age or older to pursue a claim based on age discrimination.

The commission is to appoint a working group of employers and employees to assist in education and outreach efforts to foster compliance with laws prohibiting discriminatory or unfair employment practices. The remedies available under the act apply to causes of action alleging discriminatory or unfair employment practices accruing on or after January 1, 2015. Effective August 7, 2013.

H.B. 13-1167. Concerning the collection of business information by the secretary of state and, in connection therewith, making an appropriation. By Rep. Pettersen and Sen. Crowder. The act requires the secretary of state to request information from each business owner that files documents with the secretary of state regarding whether the business is owned by a woman, member of a minority group, veteran, or person with a disability and requires the secretary of state to make the information available to the public. Effective January 1, 2014.

H.B. 13-1292. Concerning modifications to procurement requirements for government contracts related to United States domestic employment and, in connection therewith, making anappropriation. By Rep. Lee and Sen. Kerr. The act makes numerous modifications to the procurement requirements for government contracts:

  • Colorado hiring on public works projects. A contractor is required to use at least 80% Colorado labor for any public works contract that is financed in whole or in part by state, county, school district, or municipal moneys (Colorado labor requirement). The criminal penalties for a violation of the Colorado labor requirement are repealed and the department of labor and employment (CDLE) is required to enforce the Colorado labor requirement.
  • Nonresident bidder reciprocity. Colorado is one of many states that requires reciprocal treatment for a non-resident bidder who is from a state that offers a preference for resident bidders of that state (non-resident bidder reciprocity). The nonresident bidder reciprocity law is clarified by specifying that in any bidding process for public works in which a bid is received from a nonresident bidder who is from a state that provides a percentage bidding preference, a comparable percentage disadvantage shall be applied to the bid of that bidder.
  • Competitive sealed best value bidding for construction contracts for public projects. A competitive sealed best value bidding process is created and construction contracts that do not receive federal moneys are authorized to be awarded through such process. A contract under competitive sealed best value bidding must be solicited through an invitation for bids that identifies the evaluation factors upon which the award shall be based. A contract shall be awarded to the bidder whose bid is determined in writing to be the most advantageous to the state and that represents the best overall value to the state, taking into consideration the price and other evaluation factors set forth in the invitation for bids.
  • Disclosure of outsourcing contract duties by vendor. Each contract entered into or renewed by a governmental body is required to contain a clause that requires the vendor to provide written notice to the governmental body if the vendor decides, after the contract is awarded, to perform services under the contract outside the United States or the state or to subcontract any part of the contract to a subcontractor that will perform such duties outside the United States or the state. The notice must include the type of services that will be outsourced and the reason for the outsourcing.
  • Disclose use of foreign-produced iron, steel, and related manufactured goods. The contractor for any public works project that is funded by a state agency, that does not receive any federal moneys, and that costs more than $500,000 is required to disclose to DPA the five most costly goods incorporated into the contract; except that for a public project under the supervision of the department of transportation, the contractor is required to disclose such information to the department of transportation.
  • Applicability. This act applies to new contracts for which the invitation for bids or the request for proposals was issued on or after January 1, 2014.

Effective May 24, 2013.

H.B. 13-1294. Concerning a clarification that the state’s judicial department is included within the definition of "public entity" for purposes of the "Colorado Governmental Immunity Act." By Rep. Gardner and Sen. Guzman. In 2012, the general assembly enacted legislation that had the inadvertent effect of removing the state’s judicial department from the definition of "public entity" for purposes of the "Colorado Governmental Immunity Act" (CGIA). The act modifies the definition of "public entity" under the CGIA to clarify that it includes the state’s judicial department. Effective May 28, 2013.

H.B. 13-1317. Concerning the recommendations made in the public process for the purpose of implementing retail marijuana legalized by section 16 of article xviii of the Colorado constitution and, in connection therewith, making an appropriation. By Rep. Pabon and Sen. Jahn. The act converts the medical marijuana enforcement division in the department of revenue to the marijuana enforcement division and gives the division the authority to regulate medical marijuana and retail marijuana. The act allows the division to receive moneys from the general fund. The act deposits all of the application and licensing fees and sales, excise, and special marijuana sales taxes from retail and medical marijuana into a cash fund and permits supplementing the fund with moneys from the general fund to allow the division to operate. Once the division achieves a balance of cash funds sufficient to support the division, any excess revenue up to the amount of general fund moneys provided must be transferred to the general fund. The fund may be used for the costs associated with the regulated industry and pay for the various studies authorized by Senate Bill 13-283. The act sets the application fees for applicants who are current medical marijuana licensees or applicants at $500 and at $5,000 for new applicants. One half of the fee is transferred to the local jurisdiction. On April 1, 2014, and each year thereafter, the state licensing authority must provide a report to the finance committees regarding specified items, including the amount of revenue generated by retail marijuana, expenses of the division, and its regulatory work.

The act creates the regulatory framework for retail marijuana. The act allows an existing medical marijuana licensee or an existing medical marijuana applicant the opportunity to apply for a retail marijuana establishment license with the option of converting its operation to a retail marijuana business or retaining a medical marijuana business and adding a retail marijuana business. The act places a nine-month moratorium on retail marijuana license applications from individuals who are not currently licensed for medical marijuana or an applicant for a medical marijuana license. During the nine-month period, the retail marijuana establishments are subject to requirements of vertical integration similar to the existing requirements for medical marijuana. Starting January 1, 2014, persons who are not medical marijuana licensees or applicants may submit notice of intent to submit an application, and as of July 1, 2014, such applications may be submitted. Preference is to be given persons who have submitted notices of intent. The state licensing authority must act upon the applications no sooner than 45 days after receipt and no later than 90 days after receipt. The following businesses must be licensed to operate a retail marijuana establishment: retail marijuana stores, retail marijuana products manufacturers, retail marijuana cultivation facilities, and retail marijuana testing facilities. The act creates an independent testing and certification program, requiring licensees to test marijuana to ensure at a minimum that products sold for human consumption do not contain contaminants that are injurious to health and to ensure correct labeling. The act allows the state licensing authority to issue a state license that is conditioned on the local jurisdiction’s approval.

The act requires the state licensing authority to promulgate rules as required by the constitution and requires the state licensing authority to promulgate other rules with the assistance of the department of public health and environment.

The act describes persons who are prohibited from being licensees and requires license applicants to undergo a background check. The act also limits the areas where a licensed operation may be located. The state licensing authority may set fees for the various types of licenses it issues. The act requires all officers, managers, and employees of a retail marijuana business to be residents of Colorado. All owners must be residents of Colorado for at least 2 years prior to applying for licensure.

On and after September 1, 2014, a licensed retail marijuana store and licensed retail marijuana products manufacturer may either grow its own marijuana or purchase it from a retail marijuana cultivation facility.

A retail marijuana store may only sell one-fourth of an ounce of marijuana to a nonresident during a single transaction. A retail marijuana store may not sell any retail marijuana product that contains nicotine or alcohol. A retail marijuana store must place each sold item in a sealed nontransparent container at the point of sale. Effective May 28, 2013.

HEALTH AND ENVIRONMENT

S.B. 13-150. Concerning the continuation of the water and wastewater facility operators certification board and, in connection therewith, implementing the recommendations of the 2012 sunset report by the department of regulatory agencies. By Sen. Harvey and Rep. May. The automatic termination date of the water and wastewater facility operators certification board (board) is extended until September 1, 2020, pursuant to the provisions of the sunset law. The act implements the recommendations in the department of regulatory agencies’ sunset report. Effective July 1, 2013.

S.B. 13-152. Concerning the continuation of the asbestos abatement certification process conducted by the department of public health and environment and, in connection therewith, implementing the department of regulatory agencies’ recommendations in the 2012 sunset report. By Sen. Aguilar and Rep. May. The act implements the recommendations of the department of regulatory agencies’ review of the Colorado department of public health and environment’s certification process in connection with asbestos abatement. Effective March 29, 2013.

S.B. 13-160. Concerning the sunset review of the dental advisory committee and, in connection therewith, implementing the recommendations of the department of regulatory agencies to continue the advisory committee. By Sen. Crowder and Rep. Primavera. The act eliminates the repeal of the committee under the sunset law and continues the committee indefinitely. Effective March 22, 2013.

S.B. 13-166. Concerning the development of standardized rules for use in processing medical claims and, in connection therewith, extending the deadlines for development and implementation of the standardized rules, authorizing an appropriation of state moneys to help fund the development of the rules, and making an appropriation. By Sen. Aguilar and Rep. Schafer. In 2010, the department of health care policy and financing (department) was charged with creating a task force to help develop a standardized set of payment rules and claims edits for use by health care providers and payers in the processing of medical claims. The task force is to submit a final report and recommendations concerning the standardized set by December 31, 2013. Commercial health plans are then required to implement the standardized set by January 1, 2015, or according to a schedule outlined by the task force, and domestic, nonprofit health plans must implement the standards by January 1, 2016. The act extends each of those deadlines by one year. Effective May 24, 2013.

H.B. 13-1238. Concerning funding issues related to medical marijuana. By Rep. McCann and Sen. Newell. The act directs the state licensing authority to report on the number of applications for medical marijuana operations granted, denied, pending, and withdrawn. The act eliminates the requirement that a state license may not be issued until a local license is issued but makes a state license issued prior to a local license conditional on the local license. The act clarifies that a medical marijuana operation must receive both state and local licensing approval but that an operation that was established on July 1, 2010, may continue to operate while the local application is pending. The act specifies that a local licensing authority’s denial of a license is grounds for the state licensing authority to revoke the state license. Current law requires a licensee to notify the state licensing authority of all persons employed at an operation and when the employee ceases to be employed. The act limits this to employees who manage an operation. It clarifies that transfers of location require both state and local approval. Effective May 28, 2013.

HEALTH CARE POLICY AND FINANCING

S.B. 13-8. Concerning elimination of the waiting period for children’s eligibility under the children’s basic health plan. By Sen. Newell and Rep. McCann. A child is eligible for children’s basic health plan benefits if he or she has not been on a comparable health plan with an employer paying at least 50% of the cost for at least 3 months. The act makes any child who is not insured through an employer-based health plan eligible. Effective March 29, 2013.

S.B. 13-137. Concerning system improvements to prevent fraud in the medicaid program and, in connection therewith, employing advanced data analytics. By Sen. Roberts and Rep. Navarro. The act requires the department of health care policy and financing (department), by September 30, 2013, to issue a request for information (ROI) seeking input from potential contractors concerning a system for waste, fraud, and abuse detection in the Medicaid program that uses advanced predictive modeling and analytics technologies. The act includes specific information that a potential contractor must include in a response to the ROI. Under certain conditions, based upon the response to the ROI, the department is encouraged to create formal requests for proposals relating to the use of advanced predictive modeling and analytics technologies as part of the department’s Medicaid waste, fraud, and abuse programs. Effective August 7, 2013.

S.B. 13-167. Concerning intermediate care facilities for individuals with intellectual disabilities and, in connection therewith, making and reducing an appropriation. By Sen. Steadman and Rep. Gerou. The act changes statutory references from intermediate care facilities for the mentally retarded to intermediate care facilities for individuals with intellectual disabilities (facilities). The act changes the responsibility for administering the provider fee paid by facilities from the department of human services to the department of health care policy and financing. For the 2012-13 and 2013-14 long bills, the act reduces appropriations to the department of human services and increases appropriations to the department of health care policy and financing in equal amounts. Effective June 5, 2013.

S.B. 13-200. Concerning an increase in the income eligibility for certain optional groups in the Medicaid program to one hundred thirty-three percent of the federal poverty line and, in connection therewith, making and reducing an appropriation. By Sen. Aguilar and Rep. Ferrandino. The act amends the optional eligibility groups in Colorado’s Medicaid program to increase the income eligibility levels for parents and caretaker relatives of Medicaid children from 100% to 133% of FPL and for childless adults or adults without dependent children as described in federal law to 133% of FPL. In addition, the act allows moneys in the hospital provider fee cash fund to be used to meet the state share of funding for the increase in income eligibility for parents and caretaker relatives of Medicaid children from 61% to 133% of FPL and the increase in income eligibility for childless adults or adults without a dependent child to up to 133% of FPL. Effective May 13, 2013.

S.B. 13-205. Concerning revisions to the Colorado Medicaid false claims act to comply with federal law. By Sen. Hodge and Rep. Gardner. The act amends the "Colorado Medicaid False Claims Act" to make it at least as effective as federal law in rewarding and facilitating qui tam actions for false and fraudulent claims. The act makes several amendments to bring the "Colorado Medicaid False Claims Act" into compliance with federal law. Effective August 7, 2013.

S.B. 13-242. Concerning dental services for adults in the Medicaid program and, in connection therewith, making and reducing an appropriation. By Sen. Nicholson and Rep. Primavera. The act requires the department of health care policy and financing (department) to design and implement a limited dental benefit for adults in the Medicaid program by April 1, 2014. The department will use a collaborative stakeholder process to consider the components of the adult dental benefit. Additionally, the act includes certain provisions that must be contained in any contract with an administrative service organization should the department choose to use an administrative service organization to administer the dental benefit. The act creates the adult dental fund. Effective August 7, 2013.

H.B. 13-1199. Concerning clarifications of the statute governing provider fees paid by nursing facilities. By Rep. Pettersen and Sen. Kefalas. The act clarifies what types of continuing care retirement communities are exempt from paying the nursing home provider fee (fee), and clarifies the authority of the department of health care policy and financing (department) to collect the fee and the timing of the fee. The act includes a legislative declaration finding that the changes to the fee statute are not intended to change the existing intent of the statute or the department’s implementation. The act changes the frequency of when nursing facility providers are required to report certain information from monthly to annually. Effective March 22, 2013.

H.B. 13-1202. Concerning counseling by Medicaid providers relating to medical orders for scope of treatment. By Rep. Gerou and Sen. Kefalas. Subject to the receipt of federal approval and funding, the act authorizes reimbursement under Colorado’s Medicaid program for primary care providers and specialty providers who provide counseling relating to medical orders for scope of treatment to persons with serious, chronic, or terminal illnesses. Effective August 7, 2013.

H.B. 13-1314. Concerning the transfer of the administration of long-term services for persons with intellectual and developmental disabilities to the department of health care policy and financing. By Rep. Levy and Sen. Hodge. The act transfers the powers, duties, and functions of the department of human services (DHS) relating to the programs, services, and supports for persons with intellectual and developmental disabilities to the department of health care policy and financing (HCPF) on March 1, 2014. Specifically, the act repeals and relocates, with amendments, provisions relating to the rights of the developmentally disabled, family support services, and the Colorado family support loan fund. Additionally, the act changes certain terminology used in the statutes, including changing the phrase, "developmental disabilities" to "intellectual and developmental disabilities." Further, the act amends certain statutory provisions to conform with the services that will continue to be administered by DHS. The act creates the office of community living (office) in HCPF and the division of intellectual and developmental disabilities (division) in the office. The office is created as of July 1, 2013. Portions effective May 28, 2013, July 1, 2013 and March 1, 2014.

HUMAN SERVICES—BEHAVIORAL HEALTH

S.B. 13-266. Concerning a request for proposals process to create a coordinated behavioral health crisis response system for communities throughout the state and, in connection therewith, making an appropriation. By Sen. Aguilar and Rep. Kraft-Tharp. The act directs the department of human services (department) to issue a request for proposals to entities with the capacity to create a statewide coordinated and seamless behavioral health crisis response system (crisis system). Proposals will be accepted for each of five specific components of a crisis system: a 24-hour crisis telephone hotline, walk-in crisis services and crisis stabilization units, mobile crisis services, residential and respite crisis services, and a public information campaign. The department is directed to establish and work with a committee of interested stakeholders, including the department of health care policy and financing, to develop the request for proposals and the selection criteria. The committee will also be responsible for reviewing proposals and awarding contracts. The request for proposals is scheduled to go out on or before September 1, 2013, and contracts must be awarded on or before January 1, 2014. Effective May 16, 2013.

S.B. 13-276. Concerning the disability investigational and pilot support fund and, in connection therewith, making and reducing an appropriation. By Sen. Steadman and Rep. Gerou. The act relocates the coordinated care for people with disabilities fund and renames it the disability investigational and pilot support fund (fund). The fund must be used to award grants and loans to projects or programs that study or pilot new and innovative ideas, which will lead to an improved quality of life or increased independence for people with disabilities. Effective May 23, 2013.

H.B. 13-1296. Concerning civil commitment statutes and, in connection therewith, creating the civil commitment statute review task force, redefining certain terms related to civil commitment, and making an appropriation. By Rep. McCann and Sen. Newell. The act creates the civil commitment statute review task force (task force). The membership and duties of the task force are detailed. Effective July 1, 2014, the act also adds a definition of "danger to self and others" and amends the current definition of "gravely disabled," as those definitions relate to civil commitments. The act provides that the new definition of "danger to self and others" only takes effect if approved by a majority of the task force. Portions effective May 16, 2013 and portions effective July 1, 2014.

HUMAN SERVICES—SOCIAL SERVICES

S.B. 13-47. Concerning protections for youth in foster care against identity theft and, in connection therewith, making an appropriation. By Sen. Newell and Rep. Fields. The act amends the statute for protection of youth in foster care against identity theft by:

  • Removing the exclusion of youth who are in the custody of the division of youth corrections or a state mental hospital;
  • Expanding the ages of the youth covered to any youth who is at least 16 years of age or older and in foster care; and
  • Requiring the department of human services or a county department of human or social services to obtain annual credit reports rather than a single report.

Effective May 28, 2013.

S.B. 13-111. Concerning abuse of at-risk adults and, in connection therewith, making an appropriation. By Sen. Hudak and Rep. Schafer. Current law states that specified professionals who have reasonable cause to believe that a person 18 years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs (at-risk adult) should report that fact to a county department of social services (county department) or a local law enforcement agency.

Under the act, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who willfully fails to report and a person who submits a false report commit a class 3 misdemeanor. The act specifies the duties of law enforcement agencies upon receipt of a report. The act establishes certain civil immunity and does not establish a duty or standard of care. The act adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters. A person who exercises undue influence to convert or take possession of an at-risk elder’s money, assets, or other property commits statutory theft. The act requires the peace officers standards and training board to establish a training curriculum on at-risk elders and requires law enforcement agencies to employ at least one peace officer who has completed the training.

The act directs the department of human services to implement a program to generate awareness of mistreatment of at-risk adults and statutory provisions Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The act changes this definition to raise the minimum age of 60 years of age to 70 years of age. The act repeals provisions concerning protection against financial exploitation of at-risk adults and the elder abuse task force. Effective May 16, 2013.

S.B. 13-255. Concerning child fatality review teams and, in connection therewith, increasing the capacity and resources, clarifying the responsibilities and processes of state and local child fatality review teams in the departments of public health and environment and human services, and making an appropriation. By Sen. Kefalas and Rep. May. The act requires county or district public health agencies to establish or arrange to be established local or regional child fatality prevention review teams operating under the purview of the department of public health and environment (local or regional review team). County or district public health agencies may collaborate to form a regional child fatality prevention review team. It details the responsibility of local or regional review teams. The local or regional review teams are required to report case review findings to public and private agencies that have responsibilities for children and make prevention recommendations. The local and regional review teams shall also enter data into the web-based data-collection system utilized by CDPHE. The act revises and updates language in the legislative declaration for the Colorado department of public health and environment (CDPHE) child fatality review teams and adds a definition of a "local or regional review team." Effective May 14, 2013.

H.B. 13-1055. Concerning reducing inefficiency in the eligibility redetermination process for the Colorado works program. By Rep. May and Sen. Kefalas. The act removes the requirement that annual redetermination of eligibility for the Colorado works program be done in person and allows the department to use other methods to determine continued eligibility for the program. Effective August 7, 2013.

H.B. 13-1084. Concerning the licensing status of entities under the "Child Care Licensing Act" when a new federal employee identification number is issued. By Rep. DelGrosso and Sen. Newell. When a child care center or similar entity previously licensed under the "Child Care Licensing Act" is issued a new federal employee identification number (FEIN), the state department of human services is required to treat the licensee’s status as a renewal instead of requiring submission of an original application when:

  • The reason for the new FEIN is solely due to a change in the corporate structure;
  • Either the management or governing body of the entity remains the same as originally licensed; and
  • The facility or facilities are the same as those originally licensed. In that circumstance, only newly hired employees shall be required to undergo criminal background checks.

Effective August 7, 2013.

H.B. 13-1117. Concerning alignment of child development programs and, in connection therewith, making and reducing an appropriation. By Rep. Hamner and Sen. Hodge. The act moves the early childhood leadership council (ECLC) from the governor’s office to the department of human services. The overall ECLC membership is reduced from 35 to 20 members by removing representatives of the office of information technology, the office of economic development, the state workforce development council, and the legislature. The reconstituted ECLC includes representatives from the local public health community. The ECLC’s duties are changed to include more advising and monitoring of efforts around early childhood programs. The ECLC was scheduled to repeal July 1, 2013; this date is extended to September 1, 2018. Effective July 1, 2013.

H.B. 13-1271. Concerning alignment of child development programs and, in connection therewith, making and reducing an appropriation. By Rep. Hamner and Sen. Hodge. The act authorizes the creation of a child abuse reporting hotline system (hotline system) that provides a uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report about possible child abuse or neglect and that is advertised to the public as a place for reporting known or suspected child abuse or neglect (report) or for making a request for information or services (an inquiry). The hotline system will be developed through a statewide child abuse hotline steering committee (steering committee) that includes state, county, and comprehensive and appropriate stakeholder representation. The state department of human services (state department) is required to appoint a person to the steering committee who is a primary provider of emergency services and is familiar with the emergency telephone system that uses the single three-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations.

The act declares that the purpose of the hotline system is to enhance the current child welfare system and to provide an additional option for the public to make an initial report or inquiry. A county department of social services (county department) will retain screening responsibilities, unless the board of county commissioners of that county has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the state department.

The steering committee will develop an implementation plan for the hotline system to be advertised to the public and make recommendations for rules relating to the hotline system and providing consistent practices in response to reports and inquiries. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director of the state department, who shall provide the report to the state board of human services (state board).

The hotline system will provide some method of contact to the public that is available 24 hours a day, seven days a week. The hotline system shall be operational and publicized to the public statewide no later than January 1, 2015. Effective May 14, 2013.

INSURANCE

S.B. 13-119. Concerning clarification of the requirement for a certificate of taxes due in connection with title insurance. By Sen. Jones and Rep. Scott. The act clarifies the requirement that a title insurance agent or title insurance company obtain a tax certificate when issuing an owner’s policy of title insurance by:

  • Clarifying that the requirement only applies with respect to the sale of residential real property; and
  • Requiring the commissioner of insurance to promulgate rules that identify alternative documentation that a title insurance agent or title insurance company may use and rely upon when a certificate of taxes due cannot be obtained from the county treasurer or the county treasurer’s authorized agent during the period in which the county treasurer is certifying the tax rolls.

Portions effective October 1, 2013 and portions effective January 1, 2015.

S.B. 13-277. Concerning the development of a prior authorization process to be used in obtaining prior approval from carriers for coverage of drug benefits and, in connection therewith, making an appropriation. By Sen. Aguilar and Rep. Ginal. The act requires the commissioner of insurance (commissioner) to develop, by July 31, 2014, and prescribing providers, carriers, and, if applicable, pharmacy benefit management firms (PBMs) to use, by January 1, 2015, a uniform prior authorization process for purposes of submitting and receiving requests for prior coverage approval of a drug benefit.

The commissioner is directed to adopt rules to establish the prior authorization process, which is to include specified components aimed at creating uniformity and reducing administrative burdens on prescribing providers, carriers, and PBMs, as well as making the criteria used for deciding prior authorization requests transparent. The commissioner is also directed to develop a standardized prior authorization form for use in submitting electronic and non-electronic prior authorization requests. To assist in developing the process, the commissioner is to appoint a work group of various stakeholders to make recommendations on specified aspects of the process that the commissioner is to consider, including national standards for electronic prior authorization. Effective May 15, 2013.

H.B. 13-1015. Concerning elimination of the prohibition against disclosure of mental health claims information by small group health plans. By Rep. Kraft-Tharp and Sen. Kefalas. Current law prohibits small group health plans from disclosing mental health history, diagnosis, or treatment services information received in an initial application for coverage, or in subsequent claims for benefits, without the written consent of the insured person. The act repeals this prohibition, thereby enabling small group carriers to report mental health claims data to the all-payer claims database. Effective March 15, 2013.

H.B. 13-1115. Concerning the repeal of CoverColorado and, in connection therewith, terminating health care coverage for all CoverColorado participants effective April 1, 2014, as part of the transition to health insurance coverage regardless of preexisting medical conditions under the federal "Patient Protection And Affordable Care Act." By Rep. McCann and Sen. Steadman. This act recognizes that as a result of the passage of health care reform by the federal government, Colorado residents termed "high risk" for purposes of health insurance coverage will be able to obtain health insurance coverage regardless of preexisting medical conditions. Therefore, there is no reason for the continued existence of the CoverColorado program. The act specifies that loss of coverage under CoverColorado due to the termination of CoverColorado constitutes an event that allows a person to obtain health insurance coverage through the Colorado health benefit exchange or other health insurance plans offered in Colorado. The act provides for the repeal of CoverColorado, effective March 31, 2015. Before the repeal, the act requires the board of directors of CoverColorado to develop an orderly plan for cessation of the program. Effective May 28, 2013.

H.B. 13-1225. Concerning additional protections for homeowner’s insurance policyholders in Colorado and, in connection therewith, enacting the "Homeowner’s Insurance Reform Act of 2013." By Rep. Levy and Sen. Kefalas. The act makes the numerous changes to the laws regulating homeowner’s insurance for owner-occupied, single-family homes other than mobile homes, condominiums, and manufactured homes. Portions effective May 10, 2013 and portions effective January 1, 2014.

H.B. 13-1266. Concerning the alignment of state health insurance laws with the requirements of the federal "Patient Protection and Affordable Care Act." By Rep. McCann and Sen. Aguilar. The act aligns the "Colorado Health Care Coverage Act" (Colorado law) with the federal "Patient Protection and Affordable Care Act of 2010" (PPACA) and the federal "Health Care and Education Reconciliation Act of 2010" (federal law). The act makes numerous changes to definitions as well as substantive and nonsubstantive amendment to Colorado statutes. Effective May 13, 2013.

H.B. 13-1290. Concerning the regulation of stop-loss health insurance used in conjunction with self-insured health care coverage in employer benefit plans. By Rep. McCann and Sen. Aguilar. The act makes changes to the law regulating stop-loss health insurance used in conjunction with self-insured small employer benefit plans for employers of not more than 50 employees. For calendar years 2013 through 2018, the act requires insurers issuing excess or stop-loss health insurance policies to file specified information with the commissioner on those policies. Portions effective July 1, 2013 and portions effective January 1, 2014.

JUVENILE LAW

S.B. 13-12. Concerning reporting of suspected child abuse and neglect by youth sports organizations. By Sen. Heath and Rep. Singer. The act adds directors, coaches, assistant coaches, and athletic program personnel employed by private sports programs or organizations to the list of persons required to report suspected child abuse or neglect to the county department of social services or local law enforcement agency. For purposes of the reporting requirement, "employed" means that an individual is compensated beyond reimbursement for his or her expenses related to the private sports organization or program. Effective March 22, 2013.

S.B. 13-177. Concerning changes to juvenile corrections programs resulting in cost reductions and, in connection therewith, reducing the juvenile detention bed cap, reducing the appropriation for commitment beds and assessment services, and making an appropriation for transportation. By Sen. Lambert and Rep. Gerou. Starting April 1, 2013, the act reduces the juvenile detention bed cap from 422 to 382. The act reduces appropriations for personal services in the division of youth corrections for the reduced number of juveniles and the corresponding appropriation to health care policy and financing for the juveniles. The act increases operating expenses in the division of youth corrections to cover increased transportation expenses due to the bed cap. Effective March 29, 2013.

S.B. 13-216. Concerning youthful offenders within the state department of corrections. By Sen. Giron and Rep. Rosenthal. The act recreates and reenacts, certain provisions relating to the sentencing of young adult offenders to the youthful offender system in the state department of corrections (department), which provisions were repealed on October 1, 2012. The provisions allow certain young adult offenders to be sentenced to the youthful offender system. A "young adult offender" means a person who is at least 18 years of age but under 20 years of age at the time the crime is committed and under 21 years of age at the time of sentencing.

A young adult offender may be sentenced to the youthful offender system if he or she:

  • Is convicted of a felony enumerated as a crime of violence;
  • Is convicted of a felony involving a firearm;
  • Used, or possessed and threatened the use of, a deadly weapon during the commission of a felony against a person;
  • Is convicted of vehicular homicide, vehicular assault, or felonious arson;
  • Is convicted of a class 3 felony other than sexual assault, and has, within the two previous years, been adjudicated a juvenile delinquent for a delinquent act that would constitute a felony if committed by an adult; or
  • Is convicted of a felony offense and is determined to have been an habitual juvenile offender.

A young adult offender shall be ineligible for sentencing to the youthful offender system if he or she is convicted of any of the following:

  • A class 1 or class 2 felony;
  • A sexual offense, including incest or aggravated incest; or
  • Any offense, if the young adult offender has received a sentence to the youthful offender system for any prior conviction.

A young adult offender who is charged with first degree murder and pleads guilty to a class 2 felony as a result of a plea agreement is eligible for sentencing to the youthful offender system if the young adult offender would be eligible for sentencing to the youthful offender system for a conviction of the felony underlying the charge of first degree murder.

On or before August 1, 2013, the department shall implement policies pursuant to the federal "Prison Rape Elimination Act of 2003," 42 U.S.C. 15601 et seq., to ensure compliance with certain provisions relating to youthful inmates.

On or before October 1, 2013, and on or before each October 1 thereafter, the department shall report to the judiciary committees of the house of representatives and senate concerning the implementation of the new policies within the youthful offender system. Effective May 10, 2013.

S.B. 13-220. Concerning adding emergency medical service providers to the list of persons who must report possible instances of child abuse. By Sen. Nicholson and Rep. Fields. The act adds emergency medical service providers to the list of persons who are required to report possible instances of child abuse or neglect. Effective July 1, 2014

S.B. 13-227. Concerning methods to protect the victim of a sexual assault in cases where a child was conceived as a result of the sexual assault and, in connection therewith, making an appropriation. By Sen. Carroll and Rep. Landgraf. If a child was conceived as a result of an act that led to the parent’s conviction for sexual assault or a conviction in which the underlying factual basis was sexual assault, the parent who is the victim of the sexual assault (victim) may file a petition in juvenile court to prevent future contact with the parent who committed the sexual assault and to terminate the parent-child legal relationship of that parent. The court shall terminate the parent-child legal relationship if the court finds by clear and convincing evidence that:

  • The parent was convicted of an act of sexual assault against the victim or convicted of a crime in which the underlying factual basis was sexual assault against the victim;
  • The child was conceived as a result of that sexual assault or crime; and
  • Termination of the parent-child legal relationship is in the best interests of the child.

The act creates a rebuttable presumption that terminating the parental rights of the parent who committed the act of sexual assault or crime is in the best interests of the child.

After a petition has been filed, the court may appoint a guardian ad litem to represent the child’s best interests in the proceeding. A petitioner has the right to be represented by legal counsel and to have counsel appointed, if indigent.

The victim shall not be required to appear in the presence of the other parent, and the victim’s and the child’s whereabouts shall be kept confidential.

A person whose parental rights are terminated has:

  • No right to allocation of parental responsibilities for the child, including any right to parenting time or decision-making;
  • No right of inheritance from the child; and
  • No right to notice of, or standing to object to, the adoption of the child.

A person whose parental rights are terminated is not relieved of any obligation to pay child support unless waived by the victim. In such cases, the court shall order the payments to be made through the child support registry to avoid the need for any contact between the parties. If the victim’s parent-child legal relationship to the child is terminated after the entry of a child support order against the convicted person, the court shall modify the child support order accordingly. Public assistance for a dependent child is recoverable as child support debt from a parent whose parental rights were terminated through this process and who was ordered to pay child support.

The victim shall be entitled, upon request, to a no-contact protection order issued against the person whose parental rights are terminated prohibiting the person from having any contact with either the victim or the child.

Termination of the parent-child legal relationship pursuant to the act is an independent basis for termination of parental rights, and the court need not make any of the considerations or findings described in other statutes for termination of the parent-child legal relationship.

The act also states that nothing in the act prohibits the termination of parental rights by the court using other grounds under the "Colorado Children’s Code."

If criminal charges alleging an act of sexual assault are brought against a parent or presumed or possible parent alleging that a child was conceived as a result of the alleged sexual assault by that parent against the victim, the court is required to issue an automatic stay of any pending civil domestic proceedings or any pending paternity proceedings involving the child and the alleged perpetrator. The stay shall not be lifted until there is a final disposition of the criminal charges. Any denial of parenting time by the victim of the alleged sexual assault while the criminal charges were pending shall not be used in any way against the victim in future proceedings.

The court must advise a person convicted of sexual assault about the loss of parental rights based upon conviction.

A task force on children conceived by rape is created to study the new process for termination created in this act for cases of convictions and to study and make recommendations to the general assembly for protecting rape victims and for addressing parental rights in cases in which there are allegations that a sexual assault has occurred, a conviction of or prosecution for sexual assault has not occurred, and a child has been conceived as a result of the alleged sexual assault. The task force is directed to study whether the process for addressing parental rights of both parties in cases involving convictions and in cases not involving convictions are more appropriately addressed by district courts as domestic relations issues or by juvenile courts under the Colorado Children’s Code. The membership of the task force and the topics it should study are specified. The task force is repealed January 1, 2014.

The portions of the act that allow the court to terminate parental rights and that make conforming amendments to the criminal law statutes on sexual assault apply to convictions occurring on or after July 1, 2013. Portions effective May 28, 2013 and portions effective July 1, 2013.

S.B. 13-278. Concerning creating a definition of a "drug-endangered child" with respect to child abuse or neglect. By Sen. Kerr and Rep. Young. The act requires the substance abuse trend and response task force to develop a definition of a "drug-endangered child" as that term is used in the context of child abuse or neglect. Effective August 7, 2013.

H.B. 13-1082. Concerning juvenile delinquency records. By Rep. Labuda and Sen. Steadman. At the time of an adjudication, the court shall advise the adjudicated juvenile and any respondent parent or guardian of the right to petition the court for the expungement of the juvenile’s record. The court, on its own motion or the motion of the juvenile probation department, the juvenile parole department, the juvenile, a respondent parent or guardian, or a court-appointed guardian ad litem, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.

The act requires the records of the juvenile’s offense to also remain available to the state judicial department and to the victim, if any. Any criminal justice record of a juvenile who has been charged, adjudicated, or convicted as a repeat or mandatory juvenile offender shall be available for use by a court, a district attorney, any law enforcement agency, any agency of the state judicial department in any subsequent criminal investigation, prosecution, or adjudication or during probation or parole supervision, if otherwise permitted by law.

Under the act, a petitioner who has been convicted of a misdemeanor since the termination of the court’s jurisdiction or the petitioner’s unconditional release from parole supervision may still be eligible for records expungement so long as the misdemeanor did not involve domestic violence, unlawful sexual behavior, or possession of a weapon. The act provides the eligibility requirements for a person to obtain an expungement order. A person who has failed to pay court-ordered restitution to a victim of the offense that is the basis for the juvenile record is not eligible to petition for the expungement of any juvenile record. The act amends the definition of "critical stages" to include any hearing concerning a petition for expungement. A victim also has the right to be heard at any court proceeding involving a petition for expungement. Effective August 7, 2013.

H.B. 13-1239. Concerning the creation of a statewide youth development plan and, in connection therewith, making and reducing an appropriation. By Rep. McCann and Sen. Hodge. The act directs the state department of human services, in collaboration with the Tony Grampsas youth services board (board), to convene, subject to available funding, a group of interested parties to create a statewide youth development plan and a baseline measurement of youth activities, based on available data and resources. The board is authorized to spend up to $300,000 of the moneys available to it for grants to award technical assistance grants for community-based prevention and intervention organizations that work with youth to assist those organizations in developing evidence-based programs. Effective July 1, 2013.

LABOR AND INDUSTRY

S.B. 13-157. Concerning the continuation of the "Colorado Work Share Program." By Sen. Heath and Rep. Kraft-Tharp. The act makes changes to the Colorado work share program (program) to bring it into compliance with federal law, including changes to the required features of a work share plan to make it eligible for approval by the director of the division of unemployment insurance. The act also allows eligible employees to participate in certain job training programs. The act extends the program indefinitely and eliminates a mechanism that triggers a repeal of the program. The act clarifies that an employer’s account will only be charged for unemployment compensation benefits if federal money from the federal "Layoff Prevention Act of 2012" is not available. The act also increases the cap on the number of weeks that employees may be paid benefits under the program from 18 to 26 weeks. Effective July 1, 2013.

H.B. 13-1046. Concerning employer access to personal information through electronic communication devices and, in connection therewith, making an appropriation. By Rep. Williams and Sen. Ulibarri. The act prohibits an employer from suggesting, requesting, requiring, or causing an employee or applicant for employment to disclose a user name, password, or other means for accessing a personal account or service through an electronic communications device. The act also prohibits an employer from compelling an employee or applicant to add anyone, including the employer, to the employee’s or applicant’s list of contacts associated with a social media account or from requiring, requesting, suggesting, or causing an employee or applicant to change a privacy setting. This does not include access to nonpersonal accounts or services that provide access to the employer’s internal computer or information systems. The act also prohibits an employer from discharging, disciplining, penalizing, or refusing to hire an employee or applicant who does not provide access to personal accounts or services.

The act clarifies that an employer may investigate an employee to ensure compliance with securities or financial law or for suspected unauthorized downloading of proprietary information based on the receipt of information about these activities. The act allows a person who is injured by an employer’s violation to file a complaint with the department of labor and employment. The department is required to investigate the complaint and issue findings. The department may promulgate rules regarding penalties. Effective May 11, 2013.

H.B. 13-1054. Concerning lessening the reduction of unemployment insurance benefits required when a claimant withdraws amounts from a retirement plan as a result of unemployment. By Rep. Melton and Sen. Tochtrop. Under current law, if an unemployment claimant withdraws any amount from a retirement plan contributed to by an employer, the amount of the claimant’s full balance in the plan is used to determine the length of time the claimant will not be eligible to receive unemployment insurance benefits, delaying benefits for individuals otherwise entitled to benefits because of job separation. The act specifies that only the amount withdrawn from the retirement plan by the claimant, not the total balance in the plan, is considered in determining the length of time the claimant is not eligible to receive benefits. Effective April 4, 2013.

H.B. 13-1123. Concerning the right of a person to waive confidentiality requirements protecting personal work information obtained by the department of labor and employment for unemployment benefit claims to permit the department to forward certain information to potential employers. By Rep. Exum and Sen. Kerr. The act allows the division of employment and training in the department of labor and employment to offer persons seeking employment the opportunity to waive the confidentiality of certain personal information and make the information available to employers seeking employees. Effective August 7, 2013.

H.B. 13-1124. Concerning the reduction of improper unemployment insurance benefit payments through compliance with the federal "Trade Adjustment Assistance Extension Act of 2011," and, in connection therewith, making an appropriation. By Rep. Pabon and Sen. Jahn. In order to keep Colorado’s unemployment insurance system in compliance with federal law, as a result of amendments made to the federal "Unemployment Tax Act" and "Social Security Act" by the federal "Trade Adjustment Assistance Extension Act of 2011," the act makes several changes to the state unemployment insurance laws. Effective August 7, 2013.

H.B. 13-1222. Concerning the expansion of the group of family members for whom Colorado employees are entitled to take leave from work under the federal "Family and Medical Leave Act of 1993." By Rep. Peniston and Sen. Ulibarri. Under the federal "Family and Medical Leave Act" (FMLA), an employee is entitled to 12 workweeks of leave during a 12-month period to care for a spouse, child, or parent of the employee who has a serious health condition. Current Colorado law is silent with regard to required family and medical leave, so Colorado employees are entitled to leave as specified in the FMLA. The act expands the group of family members for whom employees in Colorado may take FMLA leave when the family member has a serious health condition to include a person who is the employee’s partner in a civil union or is the employee’s domestic partner. Effective August 7, 2013.

MOTOR VEHICLES AND TRAFFIC REGULATION

S.B. 13-4. Concerning authorization to renew a state-issued identification card by electronic means and, in connection therewith, making an appropriation. By Sen. Kefalas and Rep. Ginal. The act authorizes a person over 64 years of age to renew an identification card issued by the department of revenue either by mail or electronically upon paying any required fees and attesting to being lawfully present in the United States and a Colorado resident. Effective August 7, 2013.

S.B. 13-58. Concerning the verification requirement for parking privileges for persons with a permanent disability. By Sen. Grantham and Rep. Landgraf. Current law requires a person with a disability who obtains a license plate or placard authorizing parking privileges from the department of revenue to verify the disability every 3 years when renewing the license plate or placard. The act specifies that a person with a permanent disability may either submit by mail an updated verification of disability form or appear in person in the office of an authorized agent of the department and present a driver’s license or identification card. A parent or guardian of a person with a disability under 16 years of age may provide the parent’s or guardian’s driver’s license or identification card in lieu of the minor with a disability. A person with a permanent disability must submit a verification form at least every third time a verification is required. The act also allows chiropractors and physical therapists to provide verifications of a temporary disability. This act applies to motor vehicle registrations expiring on or after January 1, 2014. Effective April 19, 2013.

S.B. 13-81. Concerning vehicle registration. By Sen. Hudak and Rep. Young. The act requires the department of revenue to include a notice on a motor vehicle registration card listing the minimum and maximum statutory penalties for failure to carry motor vehicle insurance. The act also repeals the statutory provisions for two retired special license plates. Effective April 8, 2013.

S.B. 13-170. Concerning the sale of uniquely valuable registration numbers for vehicles and, in connection therewith, making an appropriation. By Sen. Aguilar and Rep. Gerou. Currently, the state has a program to sell valuable license plate numbers at auction. Proceeds of these sales go to both the general fund and certain disability-benefit programs. The program is administered by the license plate auction group (group). The act allows use of special characters, as well as letters and numbers, in the creation of license plates available under the program. The act also increases the membership of the group by adding three representatives of the public and a representative of a disability-benefit entity. Effective May 23, 2013.

S.B. 13-251. Concerning documentary evidence needed for an individual to be issued an identity document by the department of revenue and, in connection therewith, making an appropriation. By Sen. Ulibarri and Rep. Melton. The act creates a new class of driver’s licenses and identification cards that may be issued to people who are not lawfully present in the United States. This does not apply to commercial driver’s licenses. Other than the status of legal presence, a person must meet the same qualifications to get the document as for a regular driver’s license or identification card, and the person must show:

  • Residence in Colorado for the past 24 months or proof of filing a tax return last year, issued by the department of revenue;
  • An individual taxpayer identification number issued by the United States internal revenue service; and
  • A passport, consular identification card, or military identification document.

The driver’s license or identification card issued under the act will state "Not valid for federal identification, voting, or public benefit purposes" and be distinguishable from other types of driver’s licenses or identification cards. An individual whose authority to be present in the United States is temporary must be qualified and have the person’s status confirmed through the SAVE or SOLVE system. The document expires after three years. The department of revenue must generally keep the taxpayer identification number confidential. The department may impose an additional issuance fee. The act clarifies that a peace officer is not authorized to arrest an individual merely for possessing an identification document issued under the act. Effective August 7, 2013.

H.B. 13-1011. Concerning the repeal of the fee for the branch-of-service identifier on cards issued by the department of revenue and, in connection therewith, making an appropriation. By Rep. Young and Sen. Hudak. The act repeals the fee currently charged to a current or past member of the armed services for the branch-of-service identifier on a Colorado driver’s license or state identification card. Effective August 7, 2013.

H.B. 13-1022. Concerning proof of motor vehicle insurance and, in connection therewith, making an appropriation. By Rep. Holbert and Sen. Jahn. The act makes providing false evidence of proof of motor vehicle insurance a class B traffic infraction punishable by a fine of $500. The act also allows a court clerk’s office to dismiss a charge of violation of the compulsory auto insurance requirement if it verifies there was a policy in effect at the time of the alleged violation using the uninsured motorist database. A person who is convicted of, who admits liability for, or against whom a judgment is entered for providing false evidence of motor vehicle insurance cannot be prosecuted for multiple counts of the same violation. Effective August 7, 2013.

H.B. 13-1071. Concerning the type of vehicle that qualifies to register as a collector vehicle and, in connection therewith, making an appropriation. By Rep. Holbert and Sen. Tochtrop. Currently, a motor vehicle qualifies to be registered as a collector’s item if it is of model year 1975 or older or has been grandfathered in. The act includes vehicles that are 32 years old, but if the vehicle is being registered where an emissions test is required, then the vehicle must pass an emissions test every five years and the owner must sign an affidavit that the vehicle will not be driven for more than 4,500 miles each year. Effective August 7, 2013.

H.B. 13-1077. Concerning a driver’s right to challenge the lawfulness of a law enforcement officer’s initial contact in an administrative proceeding for a revocation of a driver’s license. By Rep. Salazar and Sen. Ulibarri. In an administrative proceeding for a revocation of a driver’s license, where the hearing officer is engaged in finding facts and applying law for an incident or offense reported directly to the department by a law enforcement officer, and where the revocation was not triggered in whole or in part by a record of a conviction, a driver may challenge the validity of the law enforcement officer’s initial contact with the driver and the driver’s subsequent arrest, including but not limited to an arrest for DUI, DUI per se, or DWAI. The hearing officer shall consider such issues when a driver raises them as defenses. Effective May 11, 2013.

H.B. 13-1119. Concerning placement of the word "veteran" for veterans with proper documentation on identity documents issued by the department of revenue and, in connection therewith, making an appropriation. By Rep. Exum and Sen. Kerr. The act requires the department of revenue to place the word "veteran" on a driver’s license or identification card if the person presents the proper documentation. It is not necessary to present documentation for the renewal or reissuance of a license or identification card. A dishonorable discharge does not qualify. The veteran identifier serves as documentation that the person is a veteran for the purposes of state and local benefits and preferences. Effective August 7, 2013.

H.B. 13-1159. Concerning the use of an electronic device to present evidence of automobile insurance. By Rep. Rosenthal and Sen. Tochtrop. When an accident occurs, or when requested to do so following any lawful traffic contact or during any traffic investigation by a peace officer, an owner or operator of a motor vehicle or low-power scooter (driver) must present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect. The act allows a driver to use a cell phone or other electronic device to present such evidence. Effective August 7, 2013.

H.B. 13-1240. Concerning penalties for persistent drunk drivers and, in connection therewith, making an appropriation. By Rep. Young and Sen. King. In current law, the definition of "persistent drunk driver" includes a person who drives a motor vehicle with a BAC of 0.17 or more. The act lowers this threshold to 0.15 or more. The act also amends the definition of "persistent drunk driver" to include a person who refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by law.

In current law, if a person is designated a persistent drunk driver, the state department of revenue (department) requires the person to complete a level II alcohol and drug education and treatment program. Under the act, the department shall also require the person to hold a restricted license requiring the use of an ignition interlock device upon the restoration of his or her driving privileges.

In current law, a person whose privilege to drive was revoked for one year or more because of a second or subsequent DUI, DUI per se, or DWAI conviction; for excess blood alcohol content (BAC); or for refusal may apply for an early reinstatement with an interlock-restricted license after the person’s privilege to drive has been revoked for one year. The act reduces this one-year waiting period to one month for persons 21 years of age or older at the time of the offense; except that, for a person 21 years of age or older at the time of the offense whose privilege to drive was revoked because of a refusal, the waiting period is reduced to 2 months.

The act amends the purposes of the first time drunk driving offender account in the highway users tax fund to include appropriations to the department to pay:

  • A portion of the costs for an ignition interlock device for a persistent drunk driver who is unable to pay the costs of the device and who installs the ignition interlock device on his or her vehicle on or after January 1, 2014; and
  • The department’s costs associated with the implementation of the act.

In current law, with certain exceptions, a license revocation must run consecutively and not concurrently with any other revocation. The act provides that, for an offense committed on or after January 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation.

In current law, if a license is revoked for refusal, the revocation may not run concurrently, in whole or in part, with any previous or subsequent suspensions, revocations, or denials that may be provided for by law. The act provides that, for a refusal committed on or after January 1, 2014, with certain exceptions, a license revocation can run concurrently with any other revocation. Portions effective May 28, 2013 and portions effective January 1, 2014.

H.B. 13-1325. Concerning penalties for persons who drive while under the influence of alcohol or drugs and, in connection therewith, making an appropriation. By Rep. Fields and Sen. King. In any DUI prosecution, and in any prosecution for vehicular homicide or vehicular assault, if at the time of driving, or within a reasonable time thereafter, the driver’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant’s blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs.

Prior to the act, in any prosecution for vehicular homicide or vehicular assault, if at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant’s blood or breath, there was 0.08 or more grams of alcohol per 100 milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per 210 liters of breath, it is presumed that the defendant was under the influence of alcohol. The act removes this presumption and states instead that such fact gives rise to a permissible inference that the defendant was under the influence of alcohol. The act removes instances of the term "habitual user" from the traffic code. Effective May 28, 2013.

NATURAL RESOURCES

S.B. 13-202. Concerning additional inspections of oil and gas facilities and, in connection therewith, making an appropriation. By Sen. Jones and Rep. Singer. The act requires the Colorado oil and gas conservation commission, by July 1, 2014, to use a risk-based strategy for inspecting oil and gas locations that targets the operational phases that are most likely to experience spills, excess emissions, and other types of violations and that prioritizes more in-depth inspections. The commission may use a pilot project to test the risk-based strategy and must submit a report to the general assembly’s committees with jurisdiction over energy by February 1, 2014. Effective May 24, 2013.

S.B. 13-273. Concerning incentives for the beneficial use of forest biomass. By Sen. Schwartz and Rep. Hamner. The act declares that reducing the large amount of diseased timber in Colorado by encouraging the use of forest biomass for energy generation and material for forest industry development will reduce the risk of future catastrophic wildfires, benefit the state’s economy, and address Colorado communities’ long-term forest health needs. The act also authorizes the state forest service to collaborate with federal agencies to facilitate the use of forest biomass as feedstock for timber mills and other industries and for renewable energy generation. Effective June 5, 2013.

H.B. 13-1278. Concerning the reporting of oil spills and, in connection therewith, making an appropriation. By Rep. Mitsch Bush and Sen. Todd. If one barrel or more of oil or exploration and production waste spills outside of berms or other secondary containment, the spill must be reported within 24 hours after the discovery. The report must be made to the oil and gas conservation commission and to the entity with jurisdiction over emergency response within the municipality, if the spill occurred within a municipality, or the county if the spill did not occur within a municipality. The report of the spill must include any available information concerning the type of waste involved in the spill. The commission is authorized to promulgate rules to implement these requirements. Effective August 7, 2013.

PROBATE, TRUSTS, AND FIDUCIARIES

S.B. 13-77. Concerning certain provisions of the Colorado probate code. By Sen. Roberts and Rep. Pabon. This omnibus act makes numerous changes to the Probate Code:

  • The act clarifies provisions concerning the circumstances under which each party and person in interest with a party shall be allowed to testify regarding an oral statement of a person incapable of testifying when such statement is sought to be admitted into evidence.
  • The act clarifies certain powers of a personal representative, a person with priority for appointment as a personal representative, and a court-appointed fiduciary:
    • May ascertain the testator’s probable intent or estate planning purpose on issues involving the decedent’s estate; and
    • Shall have standing to prosecute or defend that intent or purpose, at the expense of the estate, in probate proceedings.
  • Under current law, a personal representative must give certain information concerning his or her appointment to the heirs and devisees of the estate not later than 30 days after his or her appointment. The act adds a requirement that this information must include a notice that any individual who has knowledge that there is a valid, unrevoked designated beneficiary agreement in which the decedent granted the right of intestate succession should give written notice of such knowledge to the personal representative of the decedent’s estate. The act also makes changes to this law to align it with a provision of the Colorado rules of probate procedure.
  • The act amends the probate code to grant a higher statutory priority to payment of child support claims in decedent’s estates.
  • The act gives a trustee of an intentionally defective grantor trust the discretionary authority to reimburse the grantor for payment of the income taxes attributable to the trust.
  • This authority does not subject the trust to the grantor’s creditors or cause the trust to be included in the grantor’s estate.
  • The act allows a trustee to acquire or retain a life insurance policy on the life of a person for whom the trustee has an insurable interest as a trust asset; however, a trust may expressly provide that this provision does not apply to the trust. Unless specified conditions are met, a trustee is not relieved of liability with respect to any life insurance policy purchased from an affiliated company, or with respect to which the trustee or any affiliated company of the trustee receives any commission. Under current law, the court considers certain factors in determining the reasonableness of any compensation or cost sought to be paid by or recovered from an estate, fiduciary, principal, respondent, ward, or protected person. To these factors, the act adds the "special skills" of the person performing services for the estate, fiduciary, principal, respondent, ward, or protected person.
  • The act clarifies that, for the purposes of requiring certain persons to deliver personal property to a person claiming to be a successor of a decedent, "personal property" includes funds on deposit at any financial institution.
  • While a petition to establish a conservatorship or for another protective order is pending, the court may issue orders to preserve and apply the property of the respondent, and may appoint a special conservator to assist in that task.
  • At or before a hearing concerning the protection of property of a protected person, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent’s alleged impairment. The examiner shall promptly file a written report with the court. Unless the court directs otherwise, the report must contain certain information.
  • The act amends the order, in which the conservator shall distribute the estate, clarifies that the conservator may pay certain claims without a court order, and provides that the conservator may file a motion with the court seeking permission to withhold payment of allowed claims and pay only the expenses, claims, and amounts requested by the conservator regardless of the priority of the claim. The act also sets forth certain factors to be considered by the court if the conservator files such a motion.
  • A trustee may not acquire or hold as a trust asset a life insurance policy on the life of a person unless the trustee has an insurable interest in the person, but a trustee may continue to hold a life insurance policy on a person with an insurable interest without liability for loss.
  • Unless the terms of a trust created under an instrument executed before the effective date of the act expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. The act specifies the manner in which a revocable trust may be revoked and the duties of trustees and others if a trust is revoked.
  • Unless the terms of the trust expressly provide otherwise, while a trust is revocable, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
  • The act establishes when a person must commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death.
  • A trustee shall not be liable to any person for giving or failing to give notice.
  • Upon the death of the settlor of a trust that was revocable at the settlor’s death, with specified exceptions, the trustee may proceed to distribute the trust property in accordance with the terms of the trust without liability.
  • The act specifies that a distributee or claimant is liable for the return of the property or value of the property improperly received, and its income, if any, since the distribution.
  • For the purposes of the Colorado probate code, "business trust" includes, but is not limited to, listed trusts.
  • The act clarifies the applicability of the effective date of the Colorado probate code to conform Colorado law to the Uniform Probate Code’s effective date provisions.

Effective August 7, 2013.

H.B. 13-1016. Concerning the distribution to beneficiaries of amounts in pay-on-death (POD) financial institution accounts pursuant to written designation in the records of the financial institution. By Rep. Gardner and Sen. Jahn. Current law provides that a financial institution account with a pay-on-death (POD) designation naming two or more beneficiaries must be paid to the surviving beneficiaries in equal shares, with no ability of the account owner to designate different proportions to each beneficiary. The act changes the law to allow an account owner to specify something other than an equal division of a POD account. If one or more beneficiaries of the POD account predecease the account owner, the designation reverts to equal distribution unless the account owner amends the POD designation to dictate some other distribution. Effective March 29, 2013.

PROFESSIONS AND OCCUPATIONS

S.B. 13-26. Concerning expansion of the "Michael Skolnik Medical Transparency Act of 2010" to require additional health care providers to disclose information about their practice history and, in connection therewith, making an appropriation. By Sen. Carroll and Rep. Primavera. Currently, the "Michael Skolnik Medical Transparency Act of 2010" requires most regulated health care providers who are applying for, renewing, reinstating, or reactivating a license, certification, or registration to disclose specified information about their practice history to the director of the division of professions and occupations for inclusion in a publicly available database. The act adds the following health care providers to the list of providers required to report information to the director, with the requirement taking effect July 1, 2014: athletic trainers; massage therapists; certified nurse aides; occupational therapists; respiratory therapists; pharmacists; psychiatric technicians; and surgical assistants and surgical technologists. Effective August 7, 2013.

S.B. 13-39. Concerning the regulation of audiologists and, in connection therewith, making an appropriation. By Sen. Aguilar and Rep. McCann. The act reauthorizes the division, now known as the division of professions and occupations, to regulate audiologists. Audiologists are required to obtain a license to practice audiology in this state, and the act sets forth the requirements and qualifications for obtaining a license. Effective May 24, 2013.

S.B. 13-43. Concerning the prohibition against knowingly permitting removal of alcohol beverages from an establishment licensed to sell alcohol beverages for on-premises consumption. By Sen. Kerr and Rep. Gardner. Current law prohibits a retail gaming licensee that is licensed to sell alcohol beverages for on-premises consumption from knowingly permitting patrons to remove an alcohol beverage from the licensed premises and protects a retail gaming licensee from prosecution if the licensee either stations personnel at each exit to prevent removal of alcohol beverages from the premises or posts a sign by each exit notifying patrons that removal of alcohol beverages is illegal. The act extends the prohibition and protection from prosecution to all persons licensed under the "Colorado Liquor Code" to sell alcohol beverages for on-premises consumption. Effective May 10, 2013.

S.B. 13-118. Concerning clarification of the exemptions from the laws regulating mortgage loan originators and, in connection therewith, exempting real estate licensees representing persons providing seller financing for the sale of a limited number of residential properties annually as allowed by law. By Sen. Hodge and Rep. Pabon. The act exempts from the "Mortgage Loan Originator Licensing and Mortgage Company Registration Act" a real estate licensee representing a person, estate, or trust that provides seller financing for no more than three residential properties in a 12-month period. Effective March 22, 2013.

S.B. 13-151. Concerning the continuation of the regulation of massage therapists and, in connection therewith, requiring licensure of massage therapists, implementing other recommendations contained in the sunset report prepared by the department of regulatory agencies, and making an appropriation. By Sen. Nicholson and Rep. Primavera. The act implements the recommendations contained in the 2012 sunset review and report on the "Massage Therapy Practice Act" (MTPA). Effective August 7, 2013.

S.B. 13-155. Concerning the continuation of the board of real estate appraisers and, in connection therewith, implementing the recommendations of the 2012 sunset report by the department of regulatory agencies. By Sen. Baumgardner and Rep. Ryden. The act continues the board of real estate appraisers (board) until September 1, 2022. The appraiser category "registered appraiser" is eliminated and the category "licensed ad valorem appraiser" is created. The board must adopt rules for the regulation of licensed ad valorem appraisers. The board must transfer registered appraisers from that category to the category of licensed ad valorem appraisers. Such persons who are employees of a county assessor’s office or of the division of property taxation in the department of local affairs have until December 31, 2015, to meet any additional requirements imposed by the board. Licensed ad valorem appraisers licensed under Colorado’s regulatory statutes are not subject to regulation under the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989." An appraiser may be disciplined for any conduct that could have been used to deny the issuance of a certificate or license. The board is barred from collecting or transmitting information about licensed ad valorem appraisers to the appraisal subcommittee of the federal financial institutions council. Effective July 1, 2013.

S.B. 13-156. Concerning continuation of the board of mortgage loan originators in the division of real estate and, in connection therewith, implementing the recommendations of the 2012 sunset report by the department of regulatory agencies. By Sen. Tochtrop and Rep. Williams. The act implements the recommendations of the sunset review and report on the board of mortgage loan originators. Effective July 1, 2013.

S.B. 13-161. Concerning continuation of the state board for licensure of architects, professional engineers, and professional land surveyors and, in connection therewith, implementing the recommendations of the 2012 sunset report by the department of regulatory agencies. By Sen. Heath and Rep. Fischer. The act implements the recommendations of the sunset review and report on the state board for licensure of architects, professional engineers, and professional land surveyors board. Effective July 1, 2013.

S.B. 13-162. Concerning the continuation of the examining board of plumbers and, in connection therewith, making an appropriation. By Sen. Tochtrop and Rep. Kraft-Tharp. The act continues the examining board of plumbers and the statutory article governing the regulation of plumbers until September 1, 2024, pursuant to the provisions of the sunset law. The name of the board is changed to the "state plumbing board." Effective May 24, 2013.

S.B. 13-171. Concerning the continuation of the licensing of money transmitters and, in connection therewith, continuing the authority of the banking board and the state bank commissioner over money transmitters. By Sen. Kerr and Rep. Foote. The act implements the recommendations of the sunset review and report on the licensing of money transmitters by the banking board and the state bank commissioner. Effective June 5, 2013.

S.B. 13-172. Concerning the continuation of the regulation of acupuncturists and, in connection therewith, making an appropriation. By Sen. Newell and Rep. Ginal. The act continues the regulation of acupuncturists by the division of professions and occupations in the department of regulatory agencies until 2022. Effective June 5, 2013.

S.B. 13-173. Concerning the continuation of the division of gaming and, in connection therewith, implementing the recommendations in the 2012 sunset report by the department of regulatory agencies, and making an appropriation. By Sen. Kerr and Rep. Pabon. The act implements the recommendations of the department of regulatory agencies’ review of the division of gaming within the department of revenue by continuing the division for nine years, until 2022. Effective July 1, 2013.

S.B. 13-180. Concerning the continuation of the regulation of the practice of occupational therapy and, in connection therewith, requiring occupational therapists and occupational therapy assistants to obtain a license from the department of regulatory agencies, modifying provisions governing the supervision of occupational therapy assistants, adding grounds for disciplining licensees, requiring licensees to maintain professional competency, authorizing licensees to enter into agreements to limit practice when suffering from a physical or mental condition, and making an appropriation. By Sen. Aguilar and Rep. Singer. The act continues the "Occupational Therapy Practice Act" (OTPA) for seven years and requires occupational therapists (OTs) to obtain a license, rather than a registration, from the division of professions and occupations (division) in the department of regulatory agencies. Effective June 30, 2013.

S.B. 13-204. Concerning the addition of two members to the Colorado state board of chiropractic examiners and, in connection therewith, making an appropriation. By Sen. Aguilar and Rep. Primavera. The act increases the number of members on the Colorado state board of chiropractic examiners to seven by adding one more chiropractor and one more member of the public at large. Effective May 24, 2013.

S.B. 13-207. Concerning the performance of auricular acudetox by trained mental health professionals and, in connection therewith, making an appropriation. By Sen. Giron and Rep. Levy. The act allows a licensed or certified mental health care professional with appropriate training to perform auricular acudetox. The auricular acudetox must be performed within the health care professional’s current scope of practice. Effective July 1, 2013.

S.B. 13-238. Concerning the regulation of hearing aid providers by the division of professions and occupations within the department of regulatory agencies and, in connection therewith, making an appropriation. By Sen. Tochtrop and Rep. Ryden. The act authorizes the division of professions and occupations within the department of regulatory agencies (division) to regulate hearing aid providers. The act defines the scope of practice of hearing aid providers. The act requires hearing aid providers to obtain a license to practice as hearing aid providers in this state and sets forth the requirements for obtaining a license. Effective July 1, 2013.

S.B. 13-262. Concerning the exemption of representative services of enrolled agents from the definition of debt management services. By Sen. Tochtrop and Rep. Primavera. The act excludes representative services provided before the internal revenue service, the department of revenue, and department of labor and employment for tax purposes by an enrolled agent who is authorized by and in good standing with the United States department of treasury from the definition of debt-management services. Effective May 28, 2013.

H.B. 13-1061. Concerning standards for responsible medical marijuana vendors. By Rep. Moreno and Sen. Aguilar. A person who wants to operate a responsible medical marijuana vendor server and seller training program (program) must submit an application to the medical marijuana state licensing authority (authority). The authority shall approve a program if the program contains certain components.

A responsible medical marijuana vendor may issue a licensed medical marijuana business (business) a responsible vendor designation (designation). A business receives the designation if all employees who sell or handle medical marijuana, all managers, and all resident on-site owners successfully complete a program that the authority has approved. A designation is valid for two years from the date of issuance. If the authority brings an administrative action against a business that has received the designation, the authority shall consider the designation as mitigation. Effective August 7, 2013.

H.B. 13-1104. Concerning the regulation of mental health professionals and, in connection therewith, repealing the requirement that mental health professionals provide required disclosures orally and modifying the mental health professional peer health assistance program. By Rep. Kraft-Tharp and Sen. Newell. The act eliminates the requirement that mental health professionals disclose specified information to clients during the initial client contact orally and now only requires it to be disclosed in writing. The act modifies the mental health professional peer health assistance Program. Effective August 7, 2013.

H.B. 13-1111. Concerning the regulation of naturopathic doctors and, in connection therewith, making an appropriation. By Rep. Ginal and Sen. Newell. The act requires naturopathic doctors to obtain a registration to practice in Colorado on or after June 1, 2014. The director of the division of professions and occupations (director) in the department of regulatory agencies (department) is tasked with all functions necessary to regulate naturopathic doctors, including adopting rules, establishing application procedures, approving education and training, disciplining naturopathic doctors, and appointing an advisory committee, consisting of three naturopathic doctors, three doctors of medicine or osteopathy, one pharmacist, and two Colorado residents, to assist and provide advice to the director in regulating the practice of naturopathic medicine by naturopathic doctors. The act lists the requirements that must be me to be registered by the state as a naturopathic doctor. Effective August 7, 2013.

PROPERTY

S.B. 13-126. Concerning the removal of unreasonable restrictions on the ability of the owner of an electric vehicle to access charging facilities. By Sen. Guzman and Rep. Duran. The act prohibits a landlord or the unit owners’ association of a common interest community from preventing a tenant or unit owner, respectively, from installing an electric vehicle charging system on property owned or exclusively controlled by the tenant or unit owner for his or her own use, at the tenant’s or unit owner’s expense, and subject to safety and insurance requirements. Landlords and unit owners’ associations may require reimbursement for the cost of electricity used by the charging station and for any increase in their insurance premiums directly attributable to the presence of the charging station. The act also allows grants to be made from the electric vehicle grant fund to landlords of multi-family apartment buildings and the unit owners’ associations of common interest communities to install recharging stations for electric vehicles. Effective May 3, 2013.

S.B. 13-183. Concerning water conservation measures in common interest communities. By Sen. Carroll and Rep. Fields. The act amends current law to specify that restrictive covenants or declarations, bylaws, and rules and regulations of common interest communities that prohibit or limit xeriscape or drought-tolerant vegetation or require ground covering vegetation to consist of any amount of turf grass are contrary to public policy and unenforceable. The act adds a definition of "xeriscape" to the "Colorado Common Interest Ownership Act." A unit owners’ association (association) may not prohibit the use of xeriscape or other drought-tolerant vegetative landscapes to provide ground covering and may not levy fines against unit owners for violations of declarations, bylaws, or rules and regulations of the association for failure to adequately water when water restrictions are in place and the unit owner waters in compliance with those restrictions.

Associations may adopt and enforce design or aesthetic guidelines or rules that require drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on the unit owner’s property or property for which the unit owner is responsible. The act specifies that these provisions do not supersede any subdivision regulation of a county, city and county, or other municipality. Effective May 10, 2013.

H.B. 13-1017. Concerning a requirement that successor servicers of residential mortgage loans follow through with loan modifications offered to borrowers and, in connection therewith, requiring a servicer to inform a successor servicer of the terms of any modification offer upon any transfer of servicing rights for the loan. By Rep. Lebsock and Sen. Tochtrop. The act addresses situations in which a homeowner has been offered and accepted a modified payment schedule or other loan modifications by one loan servicer, but the loan is then transferred to another loan servicer that enforces the loan according to its original terms without regard to the accepted modification offer. The act requires a loan servicer that has made a loan modification offer that has been accepted to notify a successor loan servicer of the terms of the loan modification upon transfer of the servicing rights, and states that the successor servicer is subject to, and shall honor the homeowner’s acceptance of, the loan modification offer. The act adds a violation of these requirements to the existing list of violations for which a homeowner may sue for actual damages plus a $1,000 additional penalty, attorney fees, and costs. Effective March 15, 2013.

H.B. 13-1072. Concerning the authority for counties to purchase crime insurance coverage for public trustees in lieu of surety bonds. By Rep. Swalm and Sen. Kefalas. This act authorizes counties to purchase crime insurance coverage for public trustees in lieu of purchasing surety bonds for these public officials. Effective August 7, 2013.

H.B. 13-1134. Concerning unit owners’ associations under the "Colorado Common Interest Ownership Act." By Rep. Ryden and Sen. Carroll. The act empowers the HOA information and resource center to perform certain information gathering and disseminating, including:

  • Compiling a database about registered unit owners’ associations;
  • Coordinating and assisting in the preparation of educational and reference materials;
  • Providing information on the division of real estate’s web site, including information about changes to federal and state laws concerning common interest communities and a "frequently asked questions" resource; and
  • Requesting certain records from unit owners’ associations as necessary.

The act also directs the director of the division of real estate to conduct a study of the regulatory, investigative, and enforcement functions and duties of other states’ HOA offices, including mediation, HOA-specific administrative hearings, and elections monitoring, and to assess the structure, costs, funding, and success of those functions and duties. The director must provide a report on the study to the general assembly by December 31, 2013.

The act also amends the annual registration provisions by:

  • Adding information that a unit owners’ association is required to provide along with its annual registration;
  • Clarifying the consequences of failing to register; and
  • Clarifying the means by which a unit owners’ association may prove that it has validly registered.

Finally, the act amends the registration provisions of the act to apply to common interest communities created before July 1, 1992, the effective date of the "Colorado Common Interest Ownership Act," as well as to those created after that date. Effective August 7, 2013.

H.B. 13-1276. Concerning limitations on the actions a unit owners’ association under the "Colorado Common Interest Ownership Act" may take against a unit owner with respect to the collection of debt owed to the unit owners’ association. By Rep. Williams and Sen. Carroll. Effective January 1, 2014, the act requires the unit owners’ association of a common interest community (HOA) or a holder or assignee of the HOA’s debt to adopt, and comply with, a policy regarding the collection of delinquent assessments and other past-due amounts from unit owners. The HOA or a holder or assignee of the HOA’s debt may not refer a unit owner’s account to a collection agency or attorney without first giving the unit owner notice of the total amount due and how it was determined, offering the unit owner a one-time opportunity to enter into a 6-month payment plan, and listing the legal remedies, including foreclosure, that are available to the HOA.

The act also prohibits an HOA or a holder or assignee of the HOA’s lien from foreclosing its lien for past-due assessments unless the total amount is at least equal to six-months of regular assessments and unless the executive board of the HOA or the holder or assignee of the HOA’s lien has formally approved the foreclosure action on an individual basis.

The act also specifies the terms and conditions of the repayment plan that must be offered. The plan must permit the unit owner to pay off the deficiency in equal installments over a period of at least 6 months; however, the plan requires the unit owner to remain current on regular assessments as they come due during the period and allows the HOA or a holder or assignee of the HOA’s debt to pursue collection if the unit owner fails to comply with the plan, has previously been subject to a payment plan, or is a bank that has acquired the unit as a result of default by a borrower. The HOA or the holder or assignee of the HOA’s debt need not offer a repayment plan if the unit owner does not occupy the unit and has required the property as a result of either a default of a security interest encumbering the unit or a foreclosure of the association’s lien. For purposes of section 3, "assessments" include fees, charges, late charges, attorney fees, fines, and interest on common expense assessments. Finally, the act applies to common interest communities created before July 1, 1992, the effective date of the "Colorado Common Interest Ownership Act," as well as to those created after that date. Effective January 1, 2014.

H.B. 13-1277. Concerning the regulation of persons who manage the affairs of common interest communities under the "Colorado Common Interest Ownership Act." By Rep. Williams and Sen. Carroll. Under current law, common interest communities and their unit owners’ associations (HOAs) are not subject to regulation by any state agency. The act requires any person who manages the affairs of a common interest community on behalf of an HOA for compensation, on or after July 1, 2015, to meet minimum qualifications and obtain a license from the director of the division of real estate in the department of regulatory agencies (director). Licensees are identified as "community association managers." The licensing requirement does not apply to persons who perform clerical, ministerial, accounting, or maintenance functions, not requiring substantially specialized knowledge, judgment, or managerial skill, under the supervision of a licensed community manager or directly for an HOA’s governing board. Licensing examinations will be developed and administered by the director or by a person or entity under contract with the director. The act grants the director powers and duties similar to, but less detailed than, the powers and duties of the real estate commission under existing statutes governing the licensing and supervision of real estate brokers. The director is to monitor the operation of the licensing program during its first year and make recommendations for improvements to the general assembly on or before January 1, 2016. The regulatory scheme is also subject to review after five years under the existing sunset law. Effective January 1, 2015.

H.B. 13-1307. Concerning the effect of the inclusion of a legal description on the validity of documents affecting title to real property. By Rep. Kagan and Sen. Guzman. Current law states that the absence of a street address, assessor’s schedule number, or parcel number in a document of title to real property does not render the document ineffective if a legal description is included. A recent Colorado Supreme Court opinion found that the reverse is not true, that is, that the absence of a legal description makes the document ineffective and cannot be remedied by the fact that a street address and other information may be referenced to describe the property.

The act specifies that the absence of a legal description, in and of itself, does not necessarily invalidate the document or its recording in the county clerk and recorder’s office, nor determine the validity of the document as against a person obtaining rights in the property. Effective August 7, 2013.

PUBLIC UTILITIES

S.B. 13-282. Concerning a medical exemption from tiered electricity rates. By Sen. Guzman and Rep. Pabon. The act requires the public utilities commission to adopt rules by January 31, 2014, to exempt customers with certain medical conditions from tiered electricity rates. The rules must implement the medical exemption by June 1, 2014. The public utilities commission may determine by rule what medical conditions may make a customer eligible for this exemption, but the rules must include multiple sclerosis, epilepsy, quadriplegia, paraplegia as medical conditions that may make a customer eligible for the exemption. Effective May 28, 2013.

STATUTES

H.B. 13-1029. Concerning the use of authority verbs in the Colorado Revised Statutes. By Rep. Levy and Sen. Roberts. The act defines the word "must," as it is used generally in the Colorado Revised Statutes, to mean that a person or thing is required to meet a condition for a consequence to apply. "Shall" means that a person has a duty. Effective August 7, 2013.

H.B. 13-1070. Concerning the enactment of Colorado Revised Statutes 2012 as the positive and statutory law of the state of Colorado. By Rep. Murray and Sen. Morse. Colorado Revised Statutes —enactment of 2012 statutes. The act enacts the softbound volumes of Colorado Revised Statutes 2012 and the 2012 special supplement as the positive and statutory law of the state of Colorado and establishes the effective date of said publications. Effective February 19, 2013.

H.B. 13-1300. Concerning nonsubstantive revisions of statutes in the Colorado Revised Statutes, as amended and, in connection therewith, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws. By Rep Gardner and Sen. Morse. ("Revisor’s Bill") This act amends or repeals various statutory provisions that are obsolete, inconsistent, or in conflict with other law, clarifies the language to more accurately reflect the legislative intent of the laws, and reconstructs provisions to follow standard drafting format. The specific reasons for each amendment or repeal are set forth in the appendix to this act. The amendments made by this act are nonsubstantive in nature and, as such, are not intended to change the meaning or intent of the statutes, as amended. Effective May 28, 2013.

TAXATION

S.B. 13-1. Concerning income tax credits to support working families and, in connection therewith, enacting the "Colorado Working Families Economic Opportunity Act of 2013" and making an appropriation. By Sen. Kefalas and Rep. Kagan. The act creates a Colorado earned income tax credit and a child tax credit, which are contingent on separate triggers occurring. Both credits are refundable and will not be used to determine eligibility for state benefits.

The Colorado earned income tax credit will be available for all income tax years after there is a refund of excess state revenues required by the taxpayer’s bill of rights (TABOR) through an earned income tax credit. The new credit will then replace this TABOR refund mechanism, and there will be a corresponding reduction in the threshold necessary to trigger the income tax rate reduction TABOR refund mechanism. The credit is equal to 10% of a resident individual’s federal earned income tax credit.

The child tax credit will be available for all income tax years after the United States congress has enacted the "Marketplace Fairness Act of 2013," or any other act with substantially similar requirements, and the general assembly has enacted a law to implement the minimum simplification requirements in the congressional act. A resident individual who claims a federal child tax credit for a child who is under 6 years of age may claim the state child tax credit. The credit is equal to a percentage of the federal credit that is dependent on the individual’s federal adjusted gross income and whether it is claimed in a single or joint return. Effective August 7, 2013.

S.B. 13-29. Concerning the voluntary contribution designation benefiting the habitat for humanity of Colorado fund that appears on the state individual income tax return forms. By Sen. Kerr and Rep. DelGrosso. The act creates the Habitat for Humanity of Colorado 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 five 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. Effective August 7, 2013.

S.B. 13-206. Concerning the direct deposit of an individual taxpayer’s state income tax refund to a collegeinvest savings account administered by collegeinvest. By Sen. Hudak and Rep. Pettersen. The act directs the state department of revenue, in collaboration with the state department of higher education, to modify the individual state income tax return form so that individual taxpayers have the option of having their state income tax refunds directly deposited in a college savings account administered by collegeinvest, a division of the Colorado department of higher education. This option is available to taxpayers beginning with returns filed for tax year 2013. Effective May 28, 2013.

S.B. 13-221. Concerning an application and review process for issuing tax credit certificates for a state income tax credit allowed for the donation of a perpetual conservation easement and, in connection therewith, making an appropriation. By Sen. King and Rep. Ryden. For tax years commencing on or after January 1, 2014, the act requires a landowner to file an application for a conservation easement tax credit certificate with the division of real estate (division) and have certain aspects of the underlying easement donation reviewed and approved by the division director and the conservation easement oversight commission (commission) before claiming a state income tax credit for the donation. The executive director of the department of revenue (department) has the authority, in consultation with the division and the commission, to review and accept or reject the appraised value of the conservation easement, the amount of the tax credit being claimed, and the validity of the tax credit. Portions effective August 7, 2013 and portions effective January 1, 2014.

S.B. 13-286. Concerning an extension of the number of years that a taxpayer may claim excess enterprise zone investment income tax credits as credit carryovers for renewable energy investments. By Sen. Hodge and Rep. Levy. The act extends the carryover periods for enterprise zone investment tax credits that taxpayers have earned for renewable energy investments in any income tax years commencing before January 1, 2018. The act defines a renewable energy investment as an investment that qualifies for the investment tax credit for investments in solar thermal electric, photovoltaic, landfill gas, wind, biomass, hydroelectric, geothermal electric, recycled energy, anaerobic digestion, or renewable fuel cell projects. The act also requires the Colorado economic development commission to annually post on its web site or on the Colorado office of economic development’s web site whether an investment tax credit was for a renewable energy investment. Effective May 28, 2013.

H.B. 13-1009. Concerning the deadline for an application for a refund for overpaid state sales and use tax. By Rep. DelGrosso and Sen. Jahn. A person who overpays the state sales and use tax must apply for a refund by the appropriate deadline. The deadline for a sales tax refund or refund of any use tax collected by a vendor is three years after the twentieth day of the month following the date of purchase, and the deadline for any other use tax refund is three years after the twentieth day of the month following the initial date of the storage, use, or consumption in the state by the person applying for the refund. Effective August 7, 2013.

H.B. 13-1024. Concerning a state income tax modification for income received from the Colorado military family relief fund. By Rep. Melton and Sen. Todd. The military family relief fund (fund) provides grants to members of the Colorado National Guard or reservists, active duty military personnel stationed in Colorado, and their families in order to partly mitigate financial hardships that often occur when a Colorado National Guard member or reservist is called to active duty or an active duty member of the military is deployed to a zone in which he or she will encounter hostile fire. For income tax years commencing on or after January 1, 2014, any amount of a grant received by a Colorado taxpayer from the fund that is included in the taxpayer’s federal taxable income is subtracted from the federal taxable income of the taxpayer, for purposes of determining the taxpayer’s Colorado income tax liability. Effective August 7, 2013.

H.B. 13-1042. Concerning a state income tax deduction for a taxpayer who is prohibited from claiming a federal income tax deduction by section 280e of the internal revenue code because marijuana is a controlled substance under federal law and, in connection therewith, making an appropriation. By Rep. Kagan and Sen. Guzman. Section 280E of the internal revenue code (section 280E) prohibits a trade or business that is illegally trafficking controlled substances under federal or state law from claiming federal income tax credits or deductions. The act permits a licensee under the "Colorado Medical Marijuana Code" to claim a state income tax deduction for an expenditure that is eligible to be claimed as a federal income tax deduction but is disallowed by section 280E because marijuana is a controlled substance under federal law. Effective August 7, 2013.

H.B. 13-1110. Concerning charges related to motor vehicles that travel on the public highways of the state and, in connection therewith, making an appropriation. By Rep. Fischer and Sen. Jones. The act makes numerous changes to the special fuel tax. Portions effective August 15, 2013 and portions effective January 1, 2014.

H.B. 13-1142. Concerning reforms to the "Urban and Rural Enterprise Zone Act," and, in connection therewith, making an appropriation. By Rep. Hullinghorst and Sen. Heath. The act:

  • Repeals the enterprise zone review task force.
  • Commencing January 1, 2014, requires the director of the Colorado office of economic development and the Colorado economic development commission (commission) to review the enterprise zone designations at least once every 10 years to ensure that the existing zones continue to meet the statutory criteria to qualify as an enterprise zone.
  • Clarifies that if enterprise zone modifications are necessary but are not undertaken because the state is in a high unemployment period, that those modifications must be reviewed again as soon as the state is no longer in a high unemployment period.
  • For credits certified on or after January 1, 2014, limits the amount of an income tax credit that may be claimed in an income tax year for qualified investments in an enterprise zone to the lesser of:
    • The sum of up to $5,000 of the taxpayer’s actual tax liability for the income tax year plus 50% of any portion of the tax liability for the income tax year that exceeds $5,000; or
    • $750,000 plus any investment tax credit carryovers of any excess credit allowed or any previously allowed investment tax credit carryovers.
  • Specifies that the limitation on the amount a taxpayer may claim for the income tax year in which the total qualified investment is made does not limit the total amount of the credit allowed, nor does it limit the ability of a taxpayer to carryover a credit to subsequent tax years as allowed in the bill or as previously allowed by law.
  • Allows a taxpayer to appeal to the commission for a credit in excess of the $750,000 limit.
  • Requires the commission to annually post information regarding certified investment tax credits on its web site or the Colorado office of economic development’s web site.
  • Increases the income tax credit for investments made in a qualified job training program in an enterprise zone for income tax years commencing on and after January 1, 2014, from 10% of the total investment to 12%.
  • Increases the income tax credit for establishing a new business facility in an enterprise zone for income tax years commencing on and after January 1, 2014, from $500 for each new business facility employee to $1,100.
  • Increases the income tax credit for each new business facility employee in an enterprise zone who is insured under a health insurance plan or program provided through his or her employer for income tax years commencing on and after January 1, 2014, from $200 per such employee to $1,000.

Effective May 15, 2013.

H.B. 13-1145. Concerning the administration of the property tax exemption for qualifying seniors. By Rep. Court and Sen. Johnston. The act modifies the administration of the property tax exemption for qualifying seniors for property tax years commencing on or after January 1, 2013. Effective April 4, 2013.

H.B. 13-1183. Concerning the imposition of a cap of forty-five million dollars on the total amount of state income tax credits that may be claimed by all taxpayers each year for the donation of a conservation easement in gross. By Rep. Levy and Sen. Lambert. Taxpayers are allowed to claim a state income tax credit for donating a conservation easement. Current law caps the total amount of credits that may be claimed each year by all taxpayers for a three-year period. The amount of the cap is $22 million for 2011 and 2012 and $34 million for 2013. Credits that exceed the amount allowed for each year are placed on a wait list for a future year. The act extends the cap for 2014 and later years and increases the annual amount of the cap for these years to $45 million. Credits on the wait list are limited to $15 million. Clarifying amendments on the process of administering the cap are made. Effective August 7, 2013.

H.B. 13-1190. Concerning allowing a taxpayer to make a donation to an intermediary nonprofit organization for the enterprise zone contribution tax credit. By Rep. Moreno and Sen. Heath. Currently, the enterprise zone income tax credit allows a taxpayer to claim a credit for a monetary or in-kind donation that helps implement the economic development plan for an enterprise zone when the donation is made to an enterprise zone administrator, or directly to a certified program, project, or organization that meets statutory criteria. The act allows taxpayers to make the donation to an intermediary nonprofit organization if such organization is obligated to disburse the contribution as directed by the taxpayer to a recipient nonprofit organization, or to such recipient nonprofit organization’s program or project, so long as either the recipient organization, program, or project is certified by the enterprise zone administrator. Effective May 3, 2013.

H.B. 13-1237. Concerning the voluntary contribution benefiting the special olympics Colorado fund that appears on the state individual income tax return forms. By Rep. Young and Sen. Hodge. The Special Olympics Colorado voluntary contribution program was established in 1997 to allow individual taxpayers to contribute to the Special Olympics Colorado program through the state income tax return form. Pursuant to its sunset clause, that voluntary contribution program repealed on January 1, 2013. The act recreates and reenacts the Special Olympics Colorado voluntary contribution program and places it in the tax check-off program queue in accordance with current queuing procedure. Effective August 7, 2013.

H.B. 13-1247. Concerning the innovative motor vehicle income tax credit. By Rep. Duran and Sen. Johnston. The act:

  • Allows a taxpayer to claim the credit for a plug-in electric motor vehicle that is equipped with a gasoline-powered internal combustion engine;
  • Allows a person to claim a credit for the purchase or lease of a liquefied petroleum gas motor vehicle commencing January 1, 2013, instead of January 1, 2014;
  • Clarifies the way the credit is calculated for the purchase or lease of a plug-in electric motor vehicle, compressed natural gas motor vehicle, and liquefied petroleum gas motor vehicle in order to simplify it for administrative purposes; and
  • Extends the credit for an additional six years.

Effective May 15, 2013.

H.B. 13-1265. Concerning the income tax credit for business facility employees under the "Urban and Rural Enterprise Zone Act." By Rep. Hullinghorst and Sen. Heath. The act stops the availability of new business facility income tax credits currently authorized by the "Urban and Rural Enterprise Zone Act" and instead creates new income tax credits for business facility employees. The credits remain the same but do not include the requirements to meet the definition of a "new business facility." Effective May 3, 2013.

H.B. 13-1287. Concerning an extension of the income tax years for which the Colorado job growth incentive tax credit is available. By Rep. Primavera and Sen. Scheffel. The Colorado job growth incentive tax credit is extended by an additional five income tax years. Effective May 13, 2013.

H.B. 13-1318. Concerning the recommendations made in the public process for the purpose of implementing certain state taxes on retail marijuana legalized by section 16 of article xviii of the Colorado constitution and, in connection therewith, making an appropriation. By Rep. Singer and Sen. Jahn. Subject to voter approval at the statewide election in November 2013, the act imposes a sales tax and an excise tax on the sale of retail marijuana. Beginning January 1, 2014, the act imposes a tax of 10% on the sale of retail marijuana or retail marijuana products to a consumer by a retail marijuana store. The tax imposed is in addition to the 2.9% state sales tax and any local government sales tax that is imposed on the sale of all property and services pursuant to current law.

On or after January 1, 2014, the general assembly is authorized to establish a rate that is lower than 10% by a bill that is enacted by the general assembly and becomes law. After establishing a tax rate that is lower than 10% the general assembly may increase the rate by a bill that is enacted by the general assembly and becomes law, so long as the rate does not exceed 15%. An increase in the rate does not require additional voter approval.

Of the revenues collected pursuant to the 10% sales tax, 15% will be distributed to each local government in the state that has one or more retail marijuana stores within its boundaries. Each local government’s share of the revenues collected shall be apportioned according to the percentage of retail marijuana and retail marijuana products sales tax revenues collected by the department of revenue (department) in the local government as compared to the total retail marijuana and retail marijuana products sales tax collections in the state. The remaining revenues shall be deposited in the marijuana cash fund for the enforcement of regulations on the retail marijuana industry and for the other purposes of the fund as determined by the general assembly.

Beginning January 1, 2014, the act imposes a tax on the sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility to a retail marijuana store, retail marijuana product manufacturing facility, or another retail marijuana cultivation facility. The amount of the tax is 15% of the average market rate of unprocessed retail marijuana statewide on the date that it is sold or transferred, as determined by the department, and the tax is imposed when a retail marijuana cultivation facility sells or transfers unprocessed retail marijuana to a retail marijuana store, a retail marijuana product manufacturing facility, or another retail marijuana cultivation facility.

On or after January 1, 2014, the general assembly is authorized to establish a rate that is lower than 15% of the average market rate by a bill that is enacted by the general assembly and becomes law. After establishing a tax rate that is lower that 15% the general assembly may increase the rate by a bill that is enacted by the general assembly and becomes law, so long as the rate does not exceed 15%. An increase in the rate does not require additional voter approval.

As required by section 16 of article XVIII of the state constitution, the first $40 million received and collected in payment of the excise tax on unprocessed retail marijuana shall be transferred to the public school capital construction assistance fund. Any amount remaining after the transfer shall be transferred to the marijuana cash fund.

The state is authorized to collect and spend any revenues generated by the retail marijuana sales tax and retail marijuana excise tax as voter approved revenue changes.

The secretary of state is required to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2013 asking the voters to:

  • Allow the general assembly to impose a retail marijuana sales tax at a rate beginning at 10% and not to exceed 15% of the sale of retail marijuana and retail marijuana products;
  • Allow the general assembly to impose a retail marijuana excise tax at a rate beginning at 15% and not to exceed 15% of the average market rate of unprocessed retail marijuana on unprocessed retail marijuana at the time when a retail marijuana cultivation facility sells or transfers retail marijuana to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility;
  • Allow the general assembly to decrease or increase the rate of either tax without further voter approval so long as the rate does not exceed 15% for either tax; and Allow any additional tax revenue to be collected and spent notwithstanding any limitations in TABOR or any other law.

The name of the existing medical marijuana license cash fund is changed to the marijuana cash fund. The sale of marijuana or marijuana products by a medical marijuana center to a consumer and the sale or transfer of unprocessed marijuana by a marijuana cultivation facility to a medical marijuana center are not subject to either tax. The department is required to promulgate rules for the implementation of both taxes. The act makes an appropriation from the general fund to the department of corrections to comply with the statutory requirement that the general assembly include an appropriation in any bill that it passes to cover the costs of any net increase in periods of imprisonment in state correctional facilities that will occur as a result of the bill. In addition the act makes an appropriation from the marijuana cash fund to the department of revenue for the implementation of the act. Effective May 28, 2013.

H.B. 13-1319. Concerning the establishment of the ratio of valuation for assessment for residential real property. By Rep. Court and Sen. Johnston. The act sets the ratio of valuation for assessment for residential real property for the 2013 and 2014 property tax years at 7.96%. Effective May 28, 2013.

WATER AND IRRIGATION

S.B. 13-19. Concerning the promotion of water conservation measures. By Sen. Schwartz and Rep. Fischer. The act declares that decreasing water consumption by appropriators who participate in government-sponsored water conservation programs promotes the maximum utilization of Colorado’s water resources and is in the public interest. The amount of water that currently can be changed to a new type or place of use is limited by the amount of water that was historically consumed by the original type and place of use, giving a water user no incentive to reduce the amount of water diverted. Although current law encourages the conservation of water in some contexts by eliminating from the determination of abandonment the period during which water is conserved under a variety of government-sponsored programs, in these contexts, water conservation results in a reduction of consumptive use. The act directs the water judges in water divisions 4, 5, and 6 to disregard the decrease in use of water resulting from such programs in its determinations of historical consumptive use in change of water right cases. This applies only for a maximum of 5 years in any consecutive 10-year period unless the program is a federal land conservation program. Effective May 18, 2013.

S.B. 13-41. Concerning the protection of stored water and, in connection therewith, preserving supplies for drought and long-term needs. By Sen. Hodge and Rep. Fischer. In the case of Upper Yampa Water Conservancy Dist. v. Wolfe, 255 P.3d 1108 (Colo. 2011), the Colorado supreme court held that storage of water is not a beneficial use, at least where flood control and fire or drought protection are not the stated uses of the water, and that to perfect a conditional storage right, the water must be released from storage and put to beneficial use. Further, an applicant must show that it has exhausted its absolute storage rights before its conditional storage rights can be perfected. The act reverses these holdings by:

  • Expanding the definition of "beneficial use" to include the impoundment of water for firefighting or storage for any lawful purpose; and
  • Specifying that:
    • An applicant doesn’t have to demonstrate that all existing absolute decreed water rights that are part of an integrated system have been utilized to their full extent to make a conditional water storage right absolute, in whole or in part;
    • When conditional water storage rights are made absolute, the decreed volume should be the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure; and
    • Carrying water over in storage from one year to another is not grounds for a determination of abandonment.

Effective August 7, 2013.

S.B. 13-72. Concerning the deletion of the requirement for a final permit for all wells withdrawing designated ground water from the Denver basin aquifers. By Sen. Hodge and Rep. Sonnenberg. For most water wells in designated basins, the state engineer issues a conditional permit and then issues a final permit after the water has been put to beneficial use. Under current law, the requirement for a final permit does not apply to wells permitted on or after July 1, 1991, that withdraw designated ground water from the Denver basin aquifers. The act deletes the requirement for a final permit for all wells withdrawing designated ground water from the Denver basin aquifers. Effective August 7, 2013.

S.B. 13-74. Concerning the resolution of ambiguities in old water right decrees regarding the place of use of irrigation water. By Sen. Hodge and Rep. Sonnenberg. Current law requires irrigation water right decrees to specify the acreage on which the water may be used, but some older decrees do not include an acreage limitation. For such decrees, water courts look to the original appropriator’s intent in determining the lawful historical consumptive use of a decreed irrigation water right; however, it is often very difficult to determine the original appropriator’s intent, which has resulted in cases that substantially decrease the acreage that has historically been irrigated by a water right. The act creates a mechanism to determine the amount of acreage for an irrigation water right for which the original decree predates 1937 and is unclear about the amount of acreage that may be irrigated under the water right. Effective August 7, 2013.

S.B. 13-78. Concerning points of diversion that are not located at the physical location specified in the decrees for diverted water rights. By Sen. Giron and Rep. Sonnenberg. The act provides a process for a holder of a decreed water right with an erroneously located point of diversion to apply for a correction in the point of diversion if the point of diversion meets the definition of an "established but erroneously described point of diversion," as set forth in the act. An "established but erroneously described point of diversion" is defined as a point of diversion of either surface water or groundwater:

  • That has been at the same physical location since the applicable decree or decrees confirmed the water right, unless relocated according to one of the exceptions set forth in the act;
  • That is not located at the location specified in the applicable decree or decrees confirming the water right; and
  • From which the holder of the decreed water right has diverted water with the intent to divert pursuant to the decree or decrees confirming the water right.

The act also establishes that a water right is deemed to be diverted at its decreed location, and the holder of the decreed water right need not apply for a correction in a point of diversion, if:

  • With respect to a surface water diversion, the physical location of the point of diversion is within 500 feet of the decreed location and neither a natural surface stream that is tributary to the diverted stream nor another surface water right is located between the decreed location and its physical location; or
  • With respect to a groundwater diversion, the physical location of the point of diversion is within 200 feet of the decreed location, unless the decree specifies a lesser distance for acceptable variation in location.

Effective August 7, 2013.

H.B. 13-1044. Concerning the authorization of the use of graywater. By Rep. Fischer and Sen. Schwartz. The act clarifies when and under what conditions graywater may be used. The act defines "graywater" and "graywater treatment works" and identifies sources of graywater to include discharges from bathroom and laundry room sinks, bathtubs, showers, and laundry machines, as well as water from other sources authorized by rules promulgated by the water quality control commission (commission). Graywater does not include wastewater from toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission. Effective May 15, 2013.

WORKERS’ COMPENSATION

S.B. 13-147. Concerning an employer’s workers’ compensation liability to a person when the person is injured while not on the employer’s premises. By Sen. Jahn and Rep. Gardner. The act presumes that a buyer of goods is not liable as a statutory employer for the payment of workers’ compensation benefits when a person who is not an employee of the buyer is injured while he or she is delivering goods to the buyer but is not on the buyer’s premises. The presumption may be overcome by a showing that the person delivering goods was performing a job function that would normally be performed by an employee of the buyer of goods. Effective June 5, 2013.

S.B. 13-249. Concerning procedures regarding independent medical examiner reports in workers’ compensation cases. By Sen. Tochtrop and Rep. Williams. The act requires the division of workers’ compensation (division) in the department of labor and employment to review an independent medical examiner’s (IME) report within 5 days after its receipt and either issue a notice to all parties in the case that it has received the report or notify the IME and all parties that there are deficiencies in the report. If the IME’s report is deficient, the IME has 20 days to remedy the defects and resubmit the report. If the IME does not timely respond to the notice of deficiencies, the division shall issue a notice that it has received the IME’s report and the insurer or self-insured employer shall file an admission of liability or request a hearing to contest the findings in the IME’s report within 20 days. Effective May 24, 2013.

S.B. 13-285. Concerning the procedures in workers’ compensation claims for the resolution of disputes and, in connection therewith, making an appropriation. By Sen. Tochtrop and Rep. Williams. The act requires a claimant to be reimbursed by the employer or workers’ compensation carrier for medical treatment provided if the employer, after notice of the injury, fails to provide medical treatment. After notice of termination of a fringe benefit or other advantage, the employer, carrier, or third-party administrator is required to recalculate the average weekly wage and begin payment of the wages based on the recalculated amount. The act requires temporary partial disability to be paid at least once every two weeks and requires an employer, carrier, or third-party administrator to provide a claimant a complete copy of the claim file within 15 days after the mailing of a written request.

In order to request attorney fees and costs when an opposing attorney requests a hearing for an unripe issue, the requesting party must prove that it attempted to have any unripe issues stricken by a prehearing administrative law judge. Fees and costs may only be awarded if they are directly caused by the listing of the unripe issue. The act extends the amount of time that must pass before an employer or insurer may request an independent medical examiner if the treating physician has not determined that an injured worker has reached maximum medical improvement from 18 to 24 months. If the independent medical examiner selected determines that the worker has reached maximum medical improvement, the independent medical examiner shall also determine the worker’s permanent medical impairment. Effective July 1, 2013.

H.B. 13-1025. Concerning an increase in the amount of the authorized deductible for workers’ compensation insurance policies. By Rep. Swalm and Sen. Jahn. Current workers’ compensation law allows employers a deductible of up to $5,000 in a workers’ compensation policy. The act increases the amount of the authorized deductible up to the amount of the workers’ compensation insurance rate split point approved by the commissioner of insurance. The act specifies that it does not abrogate an employer’s responsibility to pay the full amount of workers’ compensation benefits, and that it is a violation of the workers’ compensation laws for an employer to require an employee to pay any part of workers’ compensation benefits due or to require an employee to use any other type of insurance to pay any part of workers’ compensation benefits. In addition, the act specifies that it does not allow a workers’ compensation insurance carrier to stop offering no-deductible workers’ compensation insurance polices. Effective July 1, 2013.

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