S.B. 94-24 Money transmission - regulation by banking board - continuation of licensing function of state bank commissioner. Includes money transmission in the regulatory provisions of the "Money Order Act". Requires persons engaged in the business of money transmission to be licensed the same as persons issuing or selling exchange. Requires persons seeking licensure to be qualified and experienced as required by the banking board pursuant to rule.
Sets a penalty of up to $25 per day for not submitting required statements or reports to the state bank commissioner without good cause. Increases from $1,000 to $10,000 the maximum penalty assessment for violating the act.
Specifies that any investments of a licensee shall be deemed to be held in trust for the purchasers and holders of the licensee's outstanding payment instruments if the licensee becomes bankrupt.
Extends the automatic termination date of the licensing functions of the state bank commissioner and the banking board to July 1, 2004, pursuant to the provisions of the sunset law.
APPROVED by Governor April 7, 1994
EFFECTIVE July 1, 1994
S.B. 94-26 Engineers and land surveyors - regulation - continuation under sunset law - disputed boundaries - survey plots and monument records - land surveys and plats - land survey monuments - appropriation. Deletes the exemption for legally recognized professions and creates exemptions for architects and for utilities and their employees performing services during a disaster or emergency situation from licensure under the laws regulating engineers. Adds limited liability companies to the list of nonnatural persons which may perform engineering or land surveying work if there is a licensed engineer or land surveyor in responsible charge of such work.
Grants the board power to assess fines in the range of not less than $50 for the first violation and up to $2,500 for a subsequent violation against a licensee who violates the applicable laws or rules governing the profession. Grants the board the power to limit the scope of practice of an engineer or land surveyor who has violated the laws regulating engineers or land surveyors as applicable. Adds failing to pay a fine assessed pursuant to the laws regulating the profession and violating any law or rule governing the profession in another state as bases for disciplinary action against an engineer or land surveyor.
Empowers the board to issue cease and desist orders against any person violating the laws regulating engineers or land surveyors. Allows the board to request that the district attorney or attorney general bring suit for equitable relief to prevent further violations if the violator does not comply with the cease and desist order.
Makes the regulation of land surveyors parallel to the regulation of engineers by defining a violation of the laws regulating land surveyors as a class 3 misdemeanor.
Changes the requirement that the board automatically reinstate any engineer or land surveyor who has been retired to allow the board to require any such retiree to be examined as it deems appropriate.
Adds certain individuals to the list of individuals who are immune from civil liability in connection with a professional review of an engineer or land surveyor.
Changes the term used to refer to persons training to become engineers or land surveyors from engineers-in-training to engineer-interns and from surveyors-in-training to land surveyor-interns. Removes the requirement that the board mail certificates to individuals who become certified as engineer-interns or land surveyor-interns.
Removes certain restrictions on the use of official seals by engineers and land surveyors.
Modifies certain educational and experience requirements for land surveyor-interns.
Repeals and reenacts the provisions of law regulating survey plats and monuments records, standards for land surveys and plats, and perpetuation of land survey monuments, leaving the substantive provisions of those laws substantially as they are in current law while updating the language and organization of such law. Moves provisions regulating the determination of the proper location of a section corner or quarter section corner to the laws regulating county surveyors.
Extends the automatic termination date of the licensing functions of the board to July 1, 2004.
Appropriates $30,585 from the division of registrations cash fund and 0.4 FTE to the department of regulatory agencies for allocation to the division of registrations for allocation to the state board of registration for professional engineers and professional land surveyors.
APPROVED by Governor May 31, 1994
EFFECTIVE July 1, 1994
S.B. 94-33 Real estate - contracts - mandatory disclosure - remuneration of brokers. Changes the time at which the identity of persons paying any compensation or commission to a real estate broker must be disclosed from the time an offer is made to the time when the parties enter into a contract. Removes the requirement that the specific amount of any commission being paid to a broker by any party be disclosed.
APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994
S.B. 94-60 Limited gaming - use of funds for transportation improvements - transfer of moneys to state highway fund - appropriation. Requires a portion of limited gaming proceeds to be annually transferred to the state highway fund to be used solely for proposed or anticipated transportation needs attributable to limited gaming and to reimburse the department of transportation for any emergency repairs and modifications performed during the previous fiscal year that are attributable to limited gaming. Defines "limited gaming community". Transfers $997,000 from the limited gaming fund to the state highway fund and appropriates such amount for the fiscal year beginning July 1, 1994, to implement the act.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
S.B. 94-79 Limited gaming - municipal limited gaming impact fund - transfer of moneys to fund. Creates a municipal limited gaming impact fund for mitigation of the impact of limited gaming on cities located in the counties of Gilpin and Teller that are not limited gaming cities. Requires 2% of limited gaming proceeds to be annually transferred to the municipal limited gaming impact fund. Provides for transfers from the municipal limited gaming impact fund to the governing bodies of the cities of Woodland Park and Victor within 30 days of a transfer to the fund. Permits such moneys to be used for public facilities, public services, and mitigation of other gaming impacts as the municipal governing bodies may determine. Directs that 75% of the moneys in the fund be transferred to the city of Woodland Park and 25% be transferred to the city of Victor. Requires each city to place moneys received from the fund in a special account for gaming impacts but permits the transfer of such moneys from the account as long as records are kept. Requires each city receiving moneys from the fund to prepare an annual report to the joint budget committee of the general assembly concerning the uses of such moneys and their relationship to limited gaming.
Applies to revenues collected in fiscal years commencing on or after July 1, 1993.
APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994
S.B. 94-93 Board of medical examiners - delegation of authority - licensing functions. Authorizes the state board of medical examiners to establish a subcommittee of board members for the purpose of facilitating the licensing of applicants. States that 3 members shall constitute a quorum of such subcommittee and that any action taken by the subcommittee concerning licensing functions shall constitute action by the board.
APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994
H.B. 94-1026 Plumbing - installation of medical gas and vacuum systems. Provides that the installation of medical gas and vacuum systems in health care facilities is within the definition of "plumbing". Makes plumbers who install such systems subject to the laws that regulate plumbing installations generally.
APPROVED by Governor February 17, 1994
EFFECTIVE February 17, 1994
H.B. 94-1037 Alcoholic beverages - liquor license - hotel and restaurant license - hours meals must be served. Decreases the hours which a hotel and restaurant licensee must serve meals. Specifies that licensees shall serve meals only if open for business and selling alcoholic beverages. Requires licensees to provide sandwiches and snacks after the hours required for meal service.
APPROVED by Governor February 18, 1994
EFFECTIVE February 18, 1994
H.B. 94-1038 Electricians - inspections or investigations - citations - fines and penalties. Grants the state electrical board the power to issue citations to persons who violate certain laws regulating electricians. Allows state electrical inspectors to conduct inspections or investigations and to provide service of process for citations. Directs the board to adopt a schedule of fines for violations and sets forth requirements for the schedule. Requires all fines collected to be deposited in the state general fund and mandates that the local governments in whose jurisdictions the violations occur receive one-half of the fines collected. Removes certain remedial provisions and sets forth new remedies for persons who have received citations. Specifies the penalties for not complying with a citation, a settlement agreement, or order from an administrative hearing, including granting authority to the board to revoke, suspend, or deny a license. Adds to the list of unlawful acts and increases the penalty for certain unlawful acts from a class 3 misdemeanor to a class 1 misdemeanor.
APPROVED by Governor March 11, 1994
EFFECTIVE July 1, 1994
H.B. 94-1056 Agricultural products - dealers - exemptions for small-volume dealers, retail grocery merchants, and restaurateurs - definitions. After March 1, 1995, creates a new license category, designated "small-volume dealer", for persons whose dealer activity is no more than $20,000 worth of farm products per year and $2,500 per transaction. Exempts such persons from bonding requirements and allows them to obtain licenses at a reduced fee. Requires them to maintain detailed records to establish the continued entitlement to small-volume dealer status.
Tightens the retail grocery merchants' and restaurateurs' exemptions from licensing to require that persons claiming the exemption use the relevant farm products in a manner directly related to the operation of their business.
Expands the definition of a "terminal warehouse" to include warehouses licensed by states which have a warehouse examination cooperative agreement with Colorado or the United States department of agriculture.
Classifies hay as an agricultural commodity.
APPROVED by Governor March 29, 1994
EFFECTIVE March 1, 1995
H.B. 94-1081 Nursing - advanced practice nurses - definition - registry - appropriation. Directs the state board of nursing to establish an advanced practice registry of licensed professional nurses who have obtained specialized education or training. Authorizes the use of the title "advanced practice nurse" and the use of other titles relating to additional specialties or practice categories by persons accepted by the board for inclusion in the registry. Requires the board to establish reasonable standards for registration of nurses who apply prior to July 1, 1995.
On and after July 1, 1995, requires the completion of a nationally accredited education program or the passage of a national certification examination for inclusion in the registry. On and after July 1, 2008, requires the completion of a graduate degree in the appropriate specialty for inclusion in the advanced practice registry for any individual not registered prior to such date.
Appropriates $57,401 and 0.7 FTE to the department of regulatory agencies for allocation to the division of registrations and $2,145 to the department of law for the implementation of the act.
APPROVED by Governor May 19, 1994
EFFECTIVE May 19, 1994
H.B. 94-1087 Private occupational education - claim for loss of tuition or fees - public record - filing requirements. Provides that a claim for loss of tuition or fees is a public record once it is filed with the private occupational school division, unless a release of such claim information would violate federal privacy law. Lengthens from 180 days to 2 years the period of time after a student discontinues his or her training during which a claim may be filed with the division. Eliminates the requirement that a claim for loss of tuition or fees be notarized before it is filed with the division.
APPROVED by Governor March 31, 1994
EFFECTIVE March 31, 1994
H.B. 94-1106 Health care professionals - peer health assistance programs - rehabilitation committees - pharmacists - nurses - licensure fees. Terminates the nursing peer health assistance diversion fund June 30, 1995, and the pharmacy peer health assistance fund, July 1, 1994. Requires the balance in such funds to be transferred to an administering entity selected by the board of nursing and the state board of pharmacy. States the requirements for and the responsibilities of the administering entity.
Provides that the nurses rehabilitation evaluation committee shall be reimbursed by the administering entity instead of the nursing peer health assistance diversion fund. Provides that the board of nursing shall select at least one peer health assistance program, known as a designated provider, to help nursing licensees who are experiencing impaired practice. Includes criteria the board shall use in selecting designated providers. Requires applicants for licensure to pay a fee, not to exceed $28 biennially, to the administering entity for the purpose of supporting the designated providers who provide assistance to nurses with physical, psychiatric, or emotional problems.
Restores the pharmacist's rehabilitation committee and states that committee members shall be reimbursed by the administering entity. States that a pharmacist may be referred to the pharmacist's peer health assistance program for help with a drug or alcohol abuse problem.
APPROVED by Governor May 22, 1994
EFFECTIVE July 1, 1994
H.B. 94-1111 Alcoholic beverages - bed and breakfast establishments - authority to serve complimentary alcoholic beverages. Creates a new class of liquor license, designated a "bed and breakfast permit", available in lieu of a hotel and restaurant license and at a lower cost ($50 total), which allows an overnight lodging establishment with not more than 20 sleeping rooms to offer complimentary alcoholic beverages to its guests so long as the beverages are not sold by the drink, are consumed on the premises only by overnight guests, and are not available for more than 4 hours a day. Eliminates the local petition process but allows local licensing authorities to prohibit the issuance of any bed and breakfast permits within their jurisdiction. Provides for enforcement by the department of revenue in a manner similar to that of enforcement of liquor licenses.
APPROVED by Governor March 2, 1994
EFFECTIVE March 2, 1994
H.B. 94-1119 Electrical inspectors - waiver of qualification requirements. Allows a local government employing an electrical inspector to waive the requirement that such inspector have at least 2 years of practical experience unless such entity is a county with a population of more than 150,000. States that if the 2 year requirement is waived, such inspector shall be supervised by a licensed electrical inspector, who has not less than 2 years of experience, for the lesser of 6 months or 30 inspections.
VETOED by Governor April 29, 1994
H.B. 94-1128 Alcoholic beverages - sale - importation - "come-to-rest" provisions - purchased from wholesaler required. Requires that alcoholic beverages be placed in the physical possession of a licensed wholesaler and inventoried for tax collection purposes before being sold. Prohibits retailers from selling alcoholic beverages unless purchased from a licensed wholesaler.
APPROVED by Governor March 29, 1994
EFFECTIVE March 29, 1994
H.B. 94-1146 Physical therapists - wound debridement. Removes the restriction that physical therapists who perform wound debridement only perform nonsurgical wound debridement. Repeals the definition of "nonsurgical wound debridement". Specifies that performing wound debridement does not violate the prohibition on performing surgery.
APPROVED by Governor March 9, 1994
EFFECTIVE March 9, 1994
H.B. 94-1151 Alcoholic beverages - denial of liquor license. Requires that an application for a liquor license be denied if the same class of liquor license has been denied for the same location within the previous 2 years. Changes the basis for denying an application for a specific location from the denial of any type of liquor license in the previous 2 years to the denial of the same class of license in the previous 2 years for the same location.
APPROVED by Governor March 15, 1994
EFFECTIVE March 15, 1994
H.B. 94-1219 Hospital professional review committees - scope of review - collaboration - confidentiality. Grants authority to a professional review committee organized to review patient care rendered by a licensed physician to also review the patient care rendered by a nonphysician, recognizing that nonphysician patient care influences patient care by a physician. Requires a professional review committee that believes that care rendered by a nonphysician may have adversely affected the outcome of patient care to either refer the matter to a hospital committee established pursuant to law or to consult with a representative of the other nonphysician's profession. Allows a professional review committee to collaborate with a hospital review committee established pursuant to law. Requires matters considered in collaboration with or referred to a hospital review committee to remain confidential subject to certain immunities and privileges. Specifies that there is no extension of the authority or jurisdiction of the board of medical examiners to any individual not already subject to the board's jurisdiction.
APPROVED by Governor May 31, 1994
EFFECTIVE May 31, 1994
H.B. 94-1220 Real estate - exclusion of business entities from real estate laws - when purchaser is developing land - sole proprietors. Excludes from the term "real estate broker" an officer, partner, or regularly salaried employee of a sole proprietorship, corporation, partnership, or limited liability company, with respect to property located in Colorado, where the purchaser is in the business of developing land for residential, commercial, or industrial purposes. Excludes from the term "real estate broker" a sole proprietor with respect to property owned or leased by the sole proprietor on which a previously unoccupied building has been or will be erected and where the consideration paid for such property includes the cost of such building less deposit or down payment payable at the time of conveyance of such property and building.
APPROVED by Governor April 6, 1994
EFFECTIVE April 6, 1994
H.B. 94-1232 Alcoholic beverages - delivery - sale with food items - public transportation system licenses - unlawful financial assistance - exemption - minibar - fee - occasional sales - hours of operation. Authorizes any person who holds a license for the sale of fermented malt beverages for consumption on and off the premises to deliver such beverages in conjunction with the delivery of food products if a permit for such delivery has been obtained. Authorizes the state licensing authority to issue such permits.
Authorizes retail liquor stores to sell certain liquor-filled candy and food items in containers up to 16 ounces that are directly related to the consumption of malt, vinous, and spirituous liquors, solely for the purpose of cocktail garnish. Prohibits the sale of any food item that could constitute a snack or meal. Authorizes retail liquor stores to sell items for the benefit of a charitable organization if such stores do not receive compensation for any such sale.
Authorizes the state licensing authority to issue a permit to retail liquor store and liquor-licensed drugstore licensees which will entitle them to deliver malt, vinous, and spirituous liquors to persons of legal age at places not licensed by the state licensing authority.
Authorizes any commercial airline that holds a public transportation system license to sell malt, vinous, or spirituous liquors by the drink in an airport private club room that is in existence and operational by April 1, 1995.
Provides an exemption from the unlawful financial assistance provisions to enable manufacturers, wholesalers, and certain other parties to provide financial or in-kind assistance to a nonprofit arts organization that has an arts license.
Authorizes a hotel and restaurant licensee to contract with a lodging facility for such facility to sell alcoholic beverages provided by the hotel by means of a minibar, if the hotel and facility meet stated ownership and proximity requirements. Authorizes the state licensing authority to establish a processing fee of $325.00 for reviewing such contracts. Prohibits the placement of any container of malt, vinous, or spirituous liquors in a minibar if such container has a capacity in excess of 500 milliliters.
Exempts from all provisions of the liquor code except those concerning excise tax payments, the occasional sale of alcoholic liquor through public auction by an organization qualifying for a special event permit, for the purpose of disposing of liquor acquired through a lawful donation. Limits such auctions to 4 per year.
Allows the sale of malt, vinous, or spirituous liquors between the hours of 7 a.m. and 12 midnight on the day following Christmas.
APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994
H.B. 94-1245 Real estate - appraisals - exception from statutory requirements. Replaces the current $100,000 de minimis exception from appraisal requirements with an exception for appraisals relating to transactions that the primary state or federal regulator of the financial institution has excepted from appraisal regulations and which are performed either by an officer, director, or employee of a financial institution or its affiliate or by a licensed real estate broker or salesperson under contract with the institution.
APPROVED by Governor April 28, 1994
EFFECTIVE July 1, 1994
H.B. 94-1256 Alcoholic beverages - licenses - limited winery - limitation - hotel and restaurant - meal requirement - malt liquors - delivery. States that any person who relinquishes a financial interest in a limited winery license to apply for another alcoholic beverage license shall not obtain a limited winery license for 3 years from the date of issuance of such other license.
States that a licensed brewery which has a hotel and restaurant license need only receive 15% rather than 25% of its gross income from the sale of meals.
Provides that malt liquors produced by the head of a family for family use and thereby exempt from the "Colorado Liquor Code" may be delivered to a licensed premise where consumption is authorized for affairs such as home brew contests, tastings, or judgings, if the liquor is served in portions not exceeding 6 ounces and is not offered for sale or made available for consumption by the general public.
APPROVED by Governor May 25, 1994
EFFECTIVE May 25, 1994
H.B. 94-1282 Certified public accountants - authority to practice accounting as partnership. Permits certified public accountants to practice in this state as any form of partnership allowed by law. Deletes the requirement that partnerships practicing as certified public accountants be general partnerships. Requires that each partner practicing as a public accountant in this state be certified in Colorado and in good standing and that those partners not practicing in this state must be certified in some state and in good standing. Permits accounting firms practicing as limited liability companies to use the abbreviation "LLC" in their firms' names. Includes the term "limited liability company" where appropriate in the laws regulating certified public accountants.
APPROVED by Governor May 4, 1994
EFFECTIVE May 4, 1994
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