S.B. 96-27 Hearing aid dealers - trainees - disciplinary actions. Authorizes the director of the division of registrations in the department of regulatory agencies to issue a trainee registration certificate to any person who pays the trainee registration fee and provides verification of training under the direct supervision of a registered hearing aid dealer or audiologist. Prohibits trainees from selling hearing aids independently of their supervisor, makes them subject to the disciplinary provisions that apply to registrants, and requires them to inform consumers of their status as trainees. Makes the supervising hearing aid dealer or audiologist responsible for the actions of the trainee and makes failure to adequately supervise a ground for discipline.
Requires the director to issue rules concerning the time period during which a trainee registration certificate shall be valid and specifying the training requirements. States that the revocation of a trainee registration certificate may be cause for denying an applicant permanent registration as a hearing aid dealer.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
S.B. 96-32 Subdivision developers - registration requirements of the real estate commission - renewal. Simplifies the definitions of "developer" and "subdivision". Removes commercial and industrial property from the definition of "subdivision" and clarifies its applicability to residential property only. Exempts from registration requirements those projects that have received local government approval and sales by public officials in the official conduct of their duties.
Accepts proof of out-of-state registration in full or partial satisfaction of Colorado's requirements if the 2 states have substantially equivalent requirements.
Requires managers and members owning a 24% or greater financial interest in the business of the developer to disclose such interest to the real estate commission and, if no one owns 24%, the person with the greatest percentage of ownership must disclose such interest. Includes disclosure of the placement survey monuments, whether or not a common interest community has been created, and the type of common interest community as required registration information.
Clarifies and broadens the current requirement that the holder of any senior interest in the subdivided property must subordinate to the interest of a new purchaser.
Provides that a developer's registration certificate will be renewed by payment of a renewal fee unless there is a reason or condition that exists that might warrant the denial or revocation of a registration.
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
S.B. 96-33 Limited gaming - definition of "poker" - rules - employment of shills - conflicts of interest - age restrictions - appropriation. Adds as an allowable object of poker the holding of a poker hand entitled to a monetary or premium return based upon a predisclosed pay schedule. Allows the dealer to play, but not to bet, in certain variations of poker. Prohibits a casino from offering a variation of poker without prior approval by the limited gaming control commission. Prohibits the employment of shills (casino employees playing and betting with house money).
Amends conflict-of-interest provisions to allow ownership of a partial interest by or through an institutional investor fund and to allow some non-investigatory, non-prosecutorial law enforcement personnel to own or work in a casino.
Prohibits a person under 21 from lingering in the gaming area of a casino or being present at a table, slot machine, or other area where gaming is conducted. Prohibits a gaming licensee from allowing persons under 21 to be present in such areas. Exempts from these prohibitions persons employed by the casino in which they are present.
Appropriates $6,500 to the department of revenue for allocation to the gaming division for implementation of the act.
APPROVED by Governor May 31, 1996
EFFECTIVE October 1, 1996
S.B. 96-45 Coal mine board of examiners - continuation of the authority to regulate persons working in coal mines. Authorizes the governor to remove any member of the board for misconduct, incompetence, or neglect of duty. Repeals references to physical and psychological requirements for a person to become a hoistman. Requires the board to determine the training requirements for hoistmen. Requires the board to determine the experience requirements for certification as a shot-firer. Mandates that certificate holders be given a reasonable opportunity to comply with lawful requirements if the certificate holder's actions fall below a standard of reckless disregard for health and safety standards, instead of the current standard of deliberate and willful violation, before the person's certificate is revoked or suspended. Changes the willful standard for the bases for revocation of a certificate of competency to reckless disregard for health and safety standards, demonstrated incompetence, or intentional withholding of mine examination information.
Extends the automatic termination date of the regulation of person working in coal mines by the coal mine board of examiners to July 1, 2006, pursuant to the provisions of the sunset law.
APPROVED by Governor April 17, 1996
EFFECTIVE July 1, 1996
S.B. 96-49 Direct-entry midwives - continuation of registration - continuation of exemption from "practice of medicine". Until such time as liability insurance is available, requires all direct-entry midwives to provide their new clients with a disclosure statement indicating that they have no liability insurance. Authorizes registered direct-entry midwives to carry and administer oxygen upon the completion of training requirements established by the department of regulatory agencies. Allows a registered acupuncturist to also be registered as a direct-entry midwife.
In addition to denying or revoking registration, allows the director of the division of registrations to suspend any registration, issue a letter of admonition, or place a registrant on probation as discipline for certain acts or omissions. Adds to the acts or omissions that are grounds for disciplinary action. Requires hearings for proceedings to deny, suspend, or revoke a registration or to place a registrant on probation and allows an administrative law judge to conduct such proceedings. Grants civil and criminal immunity to the director of the division and his or her staff, as well as any person who files a complaint, when testifying in good faith or participating in an investigative proceeding. Authorizes the director to keep its investigatory files confidential until the results of the investigation are known and either the complaint is dismissed or notice of hearing and charges are served upon the registrant.
Prohibits any person who has had his or her registration revoked from reregistering until after a 2-year waiting period. Increases the minimum age for those qualified to register from 18 to 19 years.
Requires the state registrar of vital statistics to report on all birth certificates, and death certificates when the subject of an investigation or inquest is under one year of age, the names of the prenatal care provider and the provider of initial delivery services.
Extends the automatic termination date for the registration of direct-entry midwives to July 1, 2001, pursuant to the provisions of the sunset law. Extends until July 1, 2001, the exemption of registered direct-entry midwives from the "practice of medicine" under the "Medical Practice Act".
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
S.B. 96-58 Alcoholic beverages - liquor licenses. Prohibits a state or local licensing authority from acting on a liquor license application if it concerns a location that is within 500 feet of a location for which an application for the same class of license was denied within the previous 2 years and the reason for the denial was that the licenses already granted for the locale were adequate for the needs and desires of the inhabitants.
Exempts from the prohibition any city in which limited gaming is permitted.
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
S.B. 96-87 Dentistry and dental hygiene - regulation - licensing - discipline - continuation under sunset law - appropriation. Increases to 5 the number of dentists on the state board of dental examiners ("board"). Eliminates congressional district considerations in the appointment of board members. Revises the qualifications of board members. Makes board members immune from civil suits that are based on their official acts. Specifies who may assist in conducting dental and dental hygiene licensing examinations.
Authorizes the board to issue temporary licenses and confidential letters of concern. Exempts examiners who represent a board-approved testing agency from the practice of dentistry or dental hygiene. Makes the following procedures the practice of dentistry: Prescription and administration of drugs and anesthetics; prescription of dosage levels for inhalation analgesia; and the interpretation of dental charts. Permits X-ray procedures to be delegated to trained personnel.
Includes provisions pursuant to which dental hygiene may be practiced by a professional service corporation of licensees.
Amends the licensing examination requirements. Eliminates the probation and supervision period for graduates of foreign schools. Authorizes the board to license applicants who are licensed in good standing in another jurisdiction and who otherwise meet the qualification requirements. Requires applicants to provide the board with verification of licensure from any jurisdiction.
Authorizes the board to deny the issuance or renewal of or to suspend a license for more than one year. Makes the following actions a cause for discipline: Failing to report adverse action taken against a license by another state; failing to adequately supervise unlicensed employees; engaging in conduct relating to the practice of dentistry or dental hygiene that constitutes a crime;
and practicing outside the scope of legitimate dental or dental hygiene practice.
Requires the board to issue a letter of concern to any licensee who has engaged in possible errant conduct that could lead to serious consequences. Eliminates a requirement that the board mail to all board members a list of all licensees. Prohibits dentists from prescribing or distributing to themselves or family members any habit-forming drugs or controlled substances other than in the course of legitimate dental practice.
Revises the licensure and examination requirements for dental hygienists. Prohibits dental auxiliaries from performing specified tasks. Makes it unlawful for any person to file a forged document required or requested by the board for licensure purposes. Authorizes the board to grant retired licensure status to any person meeting stated requirements.
Extends the automatic termination date for the state board of dental examiners to July 1, 2003.
Appropriates $13,886 out of the division of registrations cash fund to the department of regulatory agencies for implementation of this act.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
S.B. 96-89 Practice of pharmacy - regulation of - continuation under sunset law - appropriation. For purposes of the pharmacy practice laws, defines the terms "location", "patient counseling", "pharmaceutical care", "prospective drug review", "satellite", and "supervision".
Modifies the requirements for membership on the board by removing the requirement that members be appointed based upon the congressional districts in the state and requires instead that appointments provide adequate urban and rural representation and a balance among the various types of practice of pharmacists.
Requires self-insured pharmacists and pharmacies to report malpractice claims that are settled or adjudicated against the insured in the same manner as do insurance companies.
Clarifies language to show that all pharmacists are "licensed" and all outlets are "registered".
Requires the examination given to applicants for licensure to be designed to test the applicant's knowledge of pharmacy and other related subjects and states that it shall not be given orally. Requires an applicant to complete an internship. Permits a graduate of a school of pharmacy in another country to take the examination for licensure if such person has passed a foreign graduate equivalency test given or approved by the board. Specifies that all persons seeking licensure, whether by examination, endorsement, or reinstatement, must take a jurisprudence examination. Replaces licensure by endorsement with a system of license transfer through a national clearinghouse designated by the board.
Repeals the provisions that set up classes of pharmacists.
Clarifies the categories of outlets that must be registered and requires a separate registration for any area outside of an outlet that is not a satellite of an outlet and for any area that is under different ownership from the registered outlet. Prohibits any hospital outlet filling inpatient chart orders from selling or transferring its prescription drug inventory to another registered outlet for sale or dispensing at retail except for the hospital's own use and for casual sales.
Clarifies the types of facilities that the board may approve to receive emergency kits. Repeals the requirements that a person must obtain a special permit to dispose of any stock of drugs or devices.
Allows a pharmacist to supervise up to 2 unlicensed personnel for purposes of duties that a pharmacist may choose to delegate to unlicensed personnel.
Empowers the board to send confidential letters of concern to a licensee who has been the subject of an investigation because of conduct that the board feels does not rise to the level of being actionable but which could become actionable if continued.
Clarifies that a prescription order includes those that are written, mechanically produced, computer generated, or transmitted electronically or by facsimile. Specifically authorizes the use of facsimile transmissions of emergency prescriptions to long-term care facilities.
Specifies that fenfluramine shall be deleted as a schedule IV controlled substance under Colorado law when such drug is removed from schedule IV of the federal "Controlled Substances Act".
Extends the automatic termination date of the authority of the state board of pharmacy to regulate pharmacists until July 1, 2003, pursuant to the provisions of the sunset law.
Appropriates $36,868 from the division of registrations cash fund to the department of regulatory agencies for implementation of this act. Appropriates $4,487 from such amount to the department of law for the provision of legal services to the department in connection with the implementation of this act.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
S.B. 96-92 Optometrists - conditions optometrist may treat - appropriation. Removes glaucoma and iritis as conditions optometrists may not treat. Adds posterior uveitis as a condition optometrists may not treat. Expands the classes of drugs that may be used and prescribed by certified therapeutic optometrists. Requires optometrists to consult with an ophthalmologist or medical doctor when treating certain conditions.
Gives the state board of optometric examiners ("board") the authority to establish rules authorizing optometrists to use therapeutic procedures and techniques in the practice of optometry and institute the educational requirements necessary for the use of such procedures and techniques. Prohibits such rules from expanding the practice of optometry beyond its statutory definition and from allowing the use of laser surgery. Adds practice beyond the scope of education and training prescribed by the rules adopted by the board to the definition of unprofessional conduct.
Mandates that persons certified as therapeutic optometrists on or before July 1, 1996, complete the additional requirements established by the board before treating patients with glaucoma or anterior uveitis. Directs the board to suspend the therapeutic certificate of any optometrist who does not meet the additional requirements on or before March 31, 1999.
Requires new applicants to comply with the additional requirements established by the board prior to licensure. Allows persons who apply for licensure prior to July 1, 1996, but receive a license on or after July 1, 1996, to be considered licensed optometrists for the purpose of establishing licensing requirements.
Appropriates $10,075 from the optometric board cash fund to the department of regulatory agencies for implementation of this act. Appropriates $997 from such amount to the department of law for the provision of legal services to the department in connection with the implementation of this act.
BECAME LAW without Governor's signature June 8, 1996
EFFECTIVE July 1, 1996
S.B. 96-111 Motor vehicle dealers - buyer agents - assistance to consumer in disposition of trade-in vehicle. Specifies that a buyer agent may assist a consumer in the disposition of a trade-in motor vehicle incident to the purchase or lease of another motor vehicle by the consumer if such buyer agent: 1) Does not advertise the sale or sell to the public; 2) directs wholesalers and dealers to communicate offers directly to the consumer; 3) does not handle the sales transaction for the consumer; 4) identifies himself or herself as a buyer agent to potential purchasing dealers and wholesalers; and 5) receives no compensation from the purchasing dealer or wholesaler.
Prohibits a buyer agent from being employed by a person whose business includes the purchase of motor vehicles primarily for resale or lease.
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
S.B. 96-134 Fireworks - regulation and licensing - continuation under sunset law. Eliminates the July 1, 1996, automatic termination date for the statutes that regulate fireworks and that require the licensing of persons engaged in the sale, wholesale, or export of fireworks.
APPROVED by Governor April 11, 1996
EFFECTIVE April 11, 1996
S.B. 96-150 Bingo and raffles - electronic bingo card minders. Authorizes the use of portable, hand-held electronic devices to assist in the playing of bingo. Defines "card", "electronic bingo card minder", "electronically preprinted bingo card", "host computer", and "sheet", and amends the definition of "equipment" with respect to bingo. Permits the lease of bingo and raffle equipment. Sets forth conditions for use of portable, hand-held electronic devices by bingo players. Requires a reasonable number of such devices to be reserved for use by persons with disabilities. Specifies security safeguards. Requires records to be kept in such form and contain such information as prescribed by the secretary of state.
VETOED by Governor June 6, 1996
S.B. 96-176 Racing - division of racing events - enforcement practices. Defines "pari-mutuel wagering". Upgrades the investigative staff of the division of racing events in the department of revenue to peace officers, level II, allowing increased exchange of department investigative staff for undercover investigations. Broadens conflict of interest statutes to include division of racing events employees.
Prohibits licensees from extending credit for participation in pari-mutuel wagering. Changes the standard for balance sheets from certified to audited for corporate applicants for meet licenses. Allows denial of a license to applicants who are of unsatisfactory character, record, or reputation. Limits disqualification for licensure for crimes involving fraud or misrepresentation to crimes committed within 10 years prior to the date of application.
Changes the payment period for horse breeders' and owners' awards and supplemental purse funds from daily to the 15th day of the month following the month in which a sum was received. Limits the locations for pari-mutuel wagering. Makes placing or accepting a wager via telephone, telegraph, facsimile machine, or messenger off the premises of a licensed facility a class 2 misdemeanor.
APPROVED by Governor May 23, 1996
EFFECTIVE May 23, 1996
H.B. 96-1046 Bingo and raffles - licensing - eligibility. Exempts the graduate or alumni division of a college fraternity or sorority from the existing prohibition against issuing a bingo-raffle license to a college or high school fraternity.
APPROVED by Governor March 25, 1996
EFFECTIVE March 25, 1996
H.B. 96-1067 Limited gaming - regulation - continuation under sunset law. Changes the current annual renewal requirement for support and key-employee license holders to a biennial renewal requirement. Removes the requirement that persons licensed to be employees where gaming is conducted register with the local sheriff. Eliminates the requirement that a person holding a retail gaming license also obtain an operator license.
Directs the Colorado limited gaming control commission to promulgate rules specifying how and when the movement of slot machines must be reported and repeals the current statutory requirement that such reporting be done within 24 hours.
Modifies the requirement that the director of the division of gaming in the department of revenue not hold any outside employment to say instead that the director shall not hold any outside employment that could present a conflict of interest.
Extends the automatic termination date of the authority of the department of revenue to regulate limited gaming through the division of gaming to July 1, 2003, pursuant to the provisions of the sunset law.
APPROVED by Governor April 17, 1996
EFFECTIVE April 17, 1996
H.B. 96-1070 Real estate licensees - mandatory errors and omissions insurance - real estate commission - review under the sunset law. On and after January 1, 1998, requires all active real estate brokers and salespersons, except an attorney who maintains a policy of professional malpractice insurance that provides errors and omissions coverage, to maintain errors and omissions insurance as a condition of licensure. Requires the Colorado real estate commission ("commission") to make errors and omissions insurance available to all licensees by contracting with an insurer after a competitive bid process. Makes the mandatory insurance requirement inapplicable during the years that the commission is unable to contract with an insurer for group coverage at a premium not to exceed $100 per licensee.
Allows licensees to maintain independent errors and omissions insurance so long as the coverage complies with the minimum requirements established by the commission. Authorizes the commission to determine the terms and conditions of coverage such as minimum limits, deductibles, and exemptions.
Removes negligence as a ground for recovery from the real estate recovery fund if the negligence occurs when there is an errors and omissions insurance policy in effect. Requires those persons claiming money from the fund due to a licensee's negligence to show that there was no errors and omissions insurance in effect at the time of the negligent act or omission.
Provides for an automatic termination date of the function of the commission to make available errors and omissions insurance on July 1, 1999, pursuant to the provisions of the sunset law.
APPROVED by Governor June 3, 1996
EFFECTIVE July 1, 1996
H.B. 96-1074 Water and wastewater treatment plant operators - certification - examination and continuing education - continuation of the plant operators certification board - board membership. Classifies wastewater treatment plant operators as domestic wastewater treatment plant operators and industrial wastewater treatment plant operators. Provides for the certification of both types of wastewater treatment plant operators.
Requires that the current member of the plant operators certification board nominated as a wastewater treatment plant operator be a domestic wastewater treatment plant operator. Requires that the board member currently recommended by the state board of health be recommended by the department of public health and environment. Requires that at least 3 of the members of the board represent private industry. Adds the following representatives to the board:
Establishes the maximum numbers of classes of plant operators, rather than the minimum numbers of such classes, that may be established by the plant operators certification board. Provides criteria for the discipline or reprimand of plant operators and for the suspension or revocation of plant operator certifications.
Requires that examinations for plant operators be specifically relevant. Eliminates customer relations as one of the topics for plant operator examinations.
Requires that a plant operator pass a specifically relevant examination in order to renew the operator's certification. Provides that the certification of an operator expires if the certification is not renewed before the expiration date of the certification. Allows renewal of such a certification up to 2 years after the expiration date and directs the board to revoke any certification that is not renewed within 2 years after the expiration date.
Eliminates the continuing education requirements for plant operators.
Extends the automatic termination date of the plant operators certification board to July 1, 2004, pursuant to the provisions of the sunset law.
APPROVED by Governor April 17, 1996
EFFECTIVE July 1, 1996
H.B. 96-1078 Bail bonding agents - licensure - continuing education - continuation under sunset law. Eliminates certain provisions from the professions and occupations statutes that are also in the insurance code. Eliminates the issuance of a professional bail bonding agent license under the professions and occupations statutes and requires instead that bail bonding agents qualify only for an insurance producer license. States that bail bonding agent licenses shall expire biennially and that agents shall receive a pocket card that clearly states they are licensed bail bonding agents.
Eliminates certain licensure application information. Requires applicants to pay the costs associated with fingerprinting and obtaining a background check and photograph. Makes the qualification bond requirements applicable only to cash bonding agents. Requires a court that enters a judgment declaring a bond forfeited to serve notice of the forfeiture on the bail bonding agent within 10 days. Includes forfeiture provisions applicable to surety bonds.
Eliminates provisions establishing the bail bonding agents' advisory committee and the continuing education requirements. Eliminates the semiannual reporting requirement and provides instead that bail bonding agents shall report information only upon the reasonable request of the division of insurance in the department of regulatory agencies. Eliminates the requirement that the division furnish all courts in the state with the names of licensed bail bonding agents. Requires bail bonding agents to provide sureties with a list of collateral taken within 20 days after taking such collateral, instead of 10 days, and to keep a copy of such list for 2 years.
Extends the automatic termination date of the function of licensing bail bonding agents by the division of insurance to July 1, 2006, pursuant to the provisions of the sunset law.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1080 Real estate appraisers - regulation - continuation of licensing function under sunset law. Makes the licensure or registration of real estate appraisers voluntary. Decreases the number of licensed or certified appraisers on the board of real estate appraisers ("board") by one and increases the number of public members on the board by one, maintaining a 7-member board. Eliminates the statutory licensure, registration, and continuing education requirements and instead requires the board by rule to establish new requirements that are no more stringent than federal law.
Eliminates the provision stating that a license issued by another state will be recognized temporarily only if the property appraised is part of a federally related transaction as defined by federal law. Authorizes the board to license an applicant by endorsement if such applicant is licensed in another jurisdiction that has laws similar to this state's licensure-by-endorsement laws.
Replaces language authorizing the board to determine if an applicant for registration, licensure, or certification has good moral character with language authorizing the board to consider whether the applicant has been convicted of a crime involving moral turpitude. Authorizes the board to issue a letter of admonition when misconduct does not warrant formal action but should not be dismissed. Establishes information to be included in such letters.
Makes it unlawful to perform an appraisal in conjunction with any debt instrument that is federally guaranteed or in the federal secondary market. Generally makes it unlawful to make an appraisal on a contingency fee basis. Exempts any person who represents property owners as an advocate in tax or valuation protests from the licensing requirements, but requires such person to disclose his or her remuneration to the parties, the arbitrator, the board of assessment appeals, or the district court before the arbitration or appeal. Eliminates the requirement that any savings a financial institution incurs by using an inside appraiser must be passed on to the consumer.
Extends the automatic termination date of the board of real estate appraisers to July 1, 2002, pursuant to the provisions of the sunset law.
APPROVED by Governor June 1, 1996
EFFECTIVE July 1, 1996
H.B. 96-1102 Drug precursors - regulation - record keeping functions subject to review under sunset law. Removes provisions concerning drug precursors from the "Colorado Licensing of Controlled Substances Act". Eliminates licensure and reporting requirements. Requires the department of human services to refund licensure application moneys to applicants and licensees before September 30, 1996.
Makes the recordkeeping functions of the department of human services subject to review on July 1, 2002, pursuant to the provisions of the sunset law.
APPROVED by Governor April 8, 1996
EFFECTIVE April 8, 1996
H.B. 96-1107 Real estate brokers and salespersons - licenses - qualifications - continuing education requirements. Phases out existing real estate salesperson licenses beginning in 1997. Requires licensed salespersons who wish to renew on active status for the year 2000 and thereafter to either:
Defines "employing broker". Requires employing brokers to have at least 2 years' experience as a broker or salesperson and a course in brokerage administration, beginning in 1997. Deletes the current "equivalent experience" option for meeting the 2-year experience requirement. Repeals the current requirement for a branch office license but makes any broker maintaining more than one office responsible for supervising all licensed activities originating in such offices.
Revises pre-licensing educational requirements for new applicants for broker licenses. Deletes current provisions allowing education in lieu of experience.
APPROVED by Governor April 22, 1996
EFFECTIVE See Note
NOTE: This act was passed without a safety clause. Section 6 of the act establishes an effective date of January 1, 1997. It will take effect on that date unless a referendum petition is filed pursuant to section 1 (3) of the state constitution. In that event, the act will take effect on the date of the official proclamation of the governor or January 1, 1997, whichever is later, if it is approved by the voters at the 1996 election.
H.B. 96-1123 Alcoholic beverages - legal age to sell. Allows a person licensed to sell malt, vinous, or spirituous liquors at retail to employ a person under 21 years of age to sell or dispense such liquors if such person is supervised by another person who is at least 21 years of age. Continues to require taverns that do not regularly serve meals and retail liquor stores to employ persons 21 years of age or older to sell such liquors.
APPROVED by Governor April 11, 1996
EFFECTIVE April 11, 1996
H.B. 96-1168 Alcoholic beverages - licensure - brew pubs. Creates a new classification of liquor license for brew pubs. Allows issuance of a brew pub license by state and local licensing authorities to any person operating a brew pub and selling malt, vinous, and spirituous liquors in the place where such liquors are to be consumed. Defines "brew pub". States that effective January 1, 1997, a hotel and restaurant licensee operating a licensed brewery will automatically be issued a brew pub license. Establishes a $300 state fee and a $325 local fee for brew pub licensees.
States that malt liquors manufactured on licensed premises may be:
Requires brew pub licensees to purchase malt, vinous, and spirituous liquors not manufactured on the premises only from licensed wholesalers, with the exception that such licensees may purchase up to $500 worth of such liquors per year from a retail liquor store. Requires retention of receipts for retail purchases.
Allows a brew pub licensee to sell malt, vinous, and spirituous liquors for on-premises consumption if at least 15% of the licensee's gross on-premises income is from the sale of food. Makes brew pub licensees subject to the excise tax and certain unlawful financial assistance provisions.
States that brew pub licensees may only sell malt, vinous, or spirituous liquors to consumers during the hours retailers may sell such liquors. Authorizes brew pub licensees to obtain the special license to sell malt, vinous, and spirituous liquors between 8 p.m. and 12 midnight on Sundays.
Allows a person with a financial interest in a hotel and restaurant license to own an interest in a brew pub license or establishment or for a person with an interest in a brew pub license to conduct, own, or be interested in another brew pub or hotel and restaurant license. Prohibits a brew pub licensee from having a financial interest in a wholesalers license or a retail gaming tavern license.
APPROVED by Governor April 23, 1996
EFFECTIVE April 23, 1996
H.B. 96-1210 Used motor vehicle dealers - motor vehicle salespersons - negotiation on behalf of consumer - disclosure. Clarifies that a licensed used motor vehicle dealer may offer an interest in used motor vehicles as well as sell, exchange, or lease used motor vehicles. Authorizes the licensed used motor vehicle dealer to negotiate for a consumer a sale, exchange, or lease of used and new motor vehicles not owned by the dealer. In such negotiation, mandates that the dealer disclose to all parties the amount of compensation to be received by the dealer as a result of the transaction.
Allows a licensed motor vehicle salesperson to negotiate with a motor vehicle dealer for the sale, exchange, or lease of new and used motor vehicles and be compensated for that negotiation by the used motor vehicle dealer for which the salesperson is licensed.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1237 Accident victims - solicitation. Prohibits any person from soliciting employment relating to personal injury or wrongful death for 30 days following an accident. Prohibits any person from accepting referrals of employment relating to personal injury or wrongful death from anyone who solicited a person within 30 days of an accident. Allows the individual suffering the injury or such individual's authorized representative to void any agreement made within such 30-day period. Defines "solicitation" as any communication directed to a specific individual, but excludes from such definition advertisements in newspapers or yellow pages and on television or radio.
Enlarges from 15 days to 30 days the period of time after an injury during which a person adverse to an injured party may not engage in negotiations for a settlement or release, but retains the period at 15 days during which a person adverse may not obtain a statement from an injured party.
APPROVED by Governor May 31. 1996
EFFECTIVE July 1, 1996
H.B. 96-1240 Limited gaming - distribution of proceeds to counties impacted by gaming activity - task force and study - appropriation. Creates a gaming impact task force to conduct a 1996 interim study of existing formulas and methods of distributing revenues derived from limited gaming activity to local governments and to report to the limited gaming control commission, the governor, and the general assembly on its findings and to recommend appropriate legislation.
Appropriates $1,340 from the general fund to the general assembly for implementation of the act.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1282 Alcoholic beverages - discipline of licensees - limited winery licensees - interstate shipments - excise taxes - unlawful acts. Requires, for purposes of denial or nonrenewal of a beer or liquor license on grounds of danger to the health, welfare, or safety of a neighborhood, that a local licensing authority have evidence of a continuing pattern of fights, violent activity, or disorderly conduct.
Authorizes limited winery licensees to deliver wine of their own manufacture by common carrier to purchasers who have visited their licensed premises. Requires that shipping containers be clearly labelled to indicate that they cannot be delivered to a minor or an intoxicated person.
Authorizes the state licensing authority to establish a fee for processing applications for wine shipment permits. Authorizes winery licensees in other states to make interstate wine shipments to Colorado residents, subject to certain limitations including the requirement of a wine shipment permit. States that wine shipment permits shall be valid for one year.
Imposes a wine development fee of 1.0 cent per liter on wine sold in Colorado, effective July 1, 2000. Requires such fee to be credited to the Colorado wine industry development fund.
Makes it an unlawful act, punishable as a class 2 misdemeanor, for a common carrier to deliver alcoholic beverages for anyone not licensed under the liquor code.
APPROVED by Governor May 2, 1996
EFFECTIVE May 2, 1996
H.B. 96-1302 Used motor vehicle dealers - licensing requirements - exception for disposal of vehicles towed away. Exempts towing carriers (a/k/a operators) who sell abandoned motor vehicles pursuant to existing lien statutes from used motor vehicle dealer licensing requirements.
APPROVED by Governor June 1, 1996
EFFECTIVE June 1, 1996
H.B. 96-1308 Racing - horse racing and simulcasting - requirement for live horse racing - limits on simulcast days - taxes and fees - purse funds - horse owners' and breeders' award funds. Temporarily reduces the number of days of live horse racing that a track must offer to qualify as a class B track, allowing 30 race days during 1996 and 1997 and then returning to the current standard of 50 per year (or 60, if such year is the track's third or subsequent year of operation), in 1998 and thereafter. During operating years 1996 and 1997, allows a class B track to receive up to a total of 250 days of simulcast racing, including days on which live racing is held, then returns to the current standard of 3 simulcast days for each live race day. Defines an operating year, for purposes of calculating allowable simulcast days, as beginning April 21 and ending on the following April 20.
Conditionally prohibits all simulcasting activity in Colorado from June 20, 1996, to April 20, 1997, unless at least one class B track has applied by June 20, 1996, to conduct a live horse race meet during 1996.
During 1996 and 1997, requires off-track simulcast facilities (a/k/a "off-track betting facilities" or OTBs) to remit one-fifth of their 5% expense allowance (representing a total of 1% of the proceeds of pari-mutuel wagering on simulcast horse racing) to the class B track from which the simulcast signals originate. Allows a similar one-fifth deduction during 1996 and 1997 from the amounts otherwise payable to horse purse funds by a simulcast facility located at a class B track.
Allows OTBs to deduct simulcast signal fees from amounts payable to purse funds and other amounts payable under private contracts. Separates the required payments to purse funds by simulcast facilities so that revenues generated as a result of horse racing go to horse purse funds and revenues generated as a result of greyhound racing go to greyhound purse funds. Allows payments from the horse breeders' and owners' awards and supplemental purse fund to owners and breeders of otherwise eligible horses that run in races outside Colorado.
APPROVED by Governor April 23, 1996
EFFECTIVE April 23, 1996
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