Professions And Occupations - Digest of Bills

Digest of Bills - 1997

PROFESSIONS AND OCCUPATIONS

S.B. 97-14 Debt management - creditor agreement to debtor's schedule of payments. Subject to rules of the banking board, for purposes of a debt adjuster's entitlement to a fee, specifies that a creditor's acceptance of a scheduled payment from a debt adjuster after the creditor has received a proposed schedule of payments constitutes a creditor's agreement to the schedule of payments. Allows a debt adjuster to take a fee if 80% of the creditors accept the schedule of payments. Specifies that a creditor is not deemed to have agreed to a schedule of payment, other than for the purpose of allowing a debt adjuster to collect a fee, unless the agreement by the creditor is in writing.

APPROVED by Governor April 24, 1997
EFFECTIVE April 24, 1997

S.B. 97-27 Colorado limited gaming act - local government limited gaming impact fund - advisory committee. Establishes the local government limited gaming impact fund. Provides that a percentage of the share of limited gaming revenues to be transferred to the general fund pursuant to the state constitution shall be transferred to the local government limited gaming impact fund. Requires the percentage of such revenues to be transferred to be determined by the Colorado limited gaming control commission after consulting with the local government limited gaming impact advisory committee created by this act. Provides that a minimum of 11% of the revenues must be transferred annually to the fund and increases the percentage to 13%, effective July 1, 2002.

Establishes the local government limited gaming impact advisory committee. Sets forth the membership of the committee. Requires the committee to establish standards for documenting, measuring, assessing, and reporting the documented gaming impacts upon eligible local governmental entities. Requires the committee to review the documented gaming impacts upon eligible local governmental entities on a continuing basis and make funding recommendations for designated projects submitted by eligible local governmental entities. In the event that documented gaming impacts exceed the amount of gaming revenues derived by eligible local governments, requires the committee to request the transfer of additional moneys to the fund from the share of gaming revenues to be transferred to the general fund.

Specifies that moneys from the fund shall be distributed at the authority of the executive director of the department of local affairs after considering the recommendations of the local government limited gaming impact advisory committee. Requires moneys from the fund to be distributed only to eligible local governmental entities. Provides that moneys from the fund may be distributed only upon application for grants by eligible governmental entities to finance the planning, construction, and maintenance of public facilities and the provision of public services related to documented gaming impacts.

Specifies that no additional limited gaming proceeds will be transferred to the contiguous county fund on or after July 1, 1997, and that no additional limited gaming proceeds shall be transferred to the municipal limited gaming impact fund on or after July 1, 2002. Repeals both funds after final distributions have been made and transfers any remaining moneys to the local government limited gaming impact fund.

Eliminates the requirement that the gaming impact advisory committee make an annual recommendation to the joint budget committee for an amount of gaming revenues to be transferred to the state highway fund.

APPROVED by Governor June 3, 1997
EFFECTIVE July 1, 1997

S.B. 97-90 Real estate appraisers - licensing - penalty fees. Requires only real estate appraisers who perform appraisals in conjunction with a debt instrument that is federally guaranteed or in the federal secondary market or regulated by federal law and real estate appraisers who are employed by county assessors to be registered, licensed, or certified.

Changes the expiration date of the registrations, licenses, and certificates of real estate appraisers from January 1st of the 3rd year after issuance to December 31st of the 2nd year after issuance. Creates penalty fees for late renewal of a registration, license, or certificate.

Extends from one to 2 years after the date of taking office or the beginning of employment the time limit a real estate appraiser employed by a county assessor has to be registered, licensed, or certified by the board of real estate appraisers. Exempts county assessors from discipline by the board of real estate appraisers on the ground that they have performed appraisals beyond their level of competency when appraising real estate in fulfillment of their official duties.

APPROVED by Governor April 19, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

S.B. 97-119 Industrial hygiene services - provision to state agencies. Adds industrial hygienists to the list of professional services for which state agencies may negotiate contracts. Defines "certified industrial hygienist", "industrial hygienist", and "practice of industrial hygiene".

Requires the department of personnel to develop and maintain, or cause to be developed and maintained, at state agencies approved lists of qualified industrial hygienists for purposes of state professional service contracts.

APPROVED by Governor March 24, 1997
EFFECTIVE March 24, 1997

S.B. 97-133 Consumer reporting agencies - notice and disclosure - disputed information - penalties. Requires a consumer reporting agency to provide consumers with consumer reports that consumers can understand. Requires a consumer reporting agency, upon the occurrence of certain events, to notify a consumer by mail, that he or she has a right to a free disclosure copy of his or her consumer file along with instructions on how to read the report.

Requires a user of information provided by a consumer reporting agency to give the consumer's social security number to the agency, if the consumer provided such number, when requesting or providing consumer information.

Prohibits a consumer reporting agency from furnishing a consumer report for employment or insurance purposes without the consent of the consumer. Prohibits a consumer reporting agency from including in a consumer report the number of inquiries made concerning the consumer one year after such inquiry is made.

Allows a user of a consumer report that has taken adverse action against a consumer based on the consumer report to explain the report and provide the consumer with a copy of the report. Requires a consumer reporting agency, in the event inaccurate information in a consumer report is successfully disputed by a consumer, to send a revised consumer report to the consumer and, if requested by the consumer, to the person who has requested the disputed information.

Requires a consumer reporting agency to provide a representative for a consumer to speak with concerning disputed entries.

Increases damages payable by a consumer reporting agency that willfully violates the consumer reporting requirements from $500 to $1000 per inaccurate entry. Creates a two-tier penalty for negligent violation of the reporting requirements based on the effect of the inaccurate entry on the consumer's creditworthiness. Adds a definition of creditworthiness.

Adds a provision for deletion of obsolete credit information from a consumer report that mirrors the federal "Fair Credit Reporting Act".

APPROVED by Governor April 21, 1997
EFFECTIVE August 1, 1997

S.B. 97-173 Certified public accountant - "retired" status. Authorizes the Colorado state board of accountancy to grant retired status to persons who hold Colorado certified public accountant certificates and to determine conditions under which such status will be granted. Allows persons who have been issued a retired status certificate to hold out and use the title "retired certified public accountant" or "retired C.P.A." Specifies that persons who are granted retired status shall not perform certain functions.

APPROVED by Governor May 21, 1997
EFFECTIVE May 21, 1997

H.B. 97-1025 Pharmacists - licensing - exemption for direct sale of dialysis solutions for self-administration by patient. Exempts from licensing and other statutory requirements regulating the practice of pharmacy the direct sale or delivery by the manufacturer of prepackaged dialysis solutions for the purpose of self-administration, pursuant to a doctor's order, by a person with chronic kidney failure.

APPROVED by Governor April 19, 1997
EFFECTIVE April 19, 1997

H.B. 97-1039 Health care practitioners - solicitation of accident victims - waiting period. Prohibits health care practitioners or their agents from soliciting employment relating to a personal injury for 30 days following the incident giving rise to the injury. Excludes emergency health care services provided or referrals made at the time of the incident. States that an injured person or his or her representative may deny compensation for services provided by any health care practitioner making a prohibited solicitation.

APPROVED by Governor April 16, 1997
EFFECTIVE July 1, 1997

H.B. 97-1056 Real estate appraisers - contingent fees - testimony in tax valuation cases. Amends the real estate appraiser licensing statutes to define 2 new terms: "Independent appraisal", in which an appraiser acts as a disinterested party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of real estate, and "consulting services", which include similar services rendered in connection with property tax assessments and appeals, real estate brokerage, and mortgage banking.

Prohibits any person from accepting a contingent fee for an independent appraisal, misrepresenting a consulting service as an independent appraisal, or failing to disclose the fact that a contingent fee is or will be paid in connection with a consulting service.

Replaces the current flat prohibition on appearing in tax valuation protests and appeals when a contingent fee is paid with a requirement that an appraiser disclose that a contingent fee is or will be paid in connection with any such appearance.

BECAME LAW April 29, 1997
EFFECTIVE April 29, 1997

H.B. 97-1076 Alcohol beverages - recodification of beer and liquor codes. Reorganizes the beer code. Eliminates the following provisions from the beer code and makes similar provisions in the liquor code applicable to fermented malt beverages: Information about the state licensing authority, licenses and temporary permits, disciplinary actions, excise taxes and liens, unlawful acts, civil liability, unlawful financial interests, and penalties for violations of law.

Reorganizes the liquor code into the following nine parts:

        Part 1 - General provisions
        Part 2 - State licensing authority - duties
        Part 3 - State and local licensing
        Part 4 - Classes of licenses and permits
        Part 5 - License fees and excise taxes
        Part 6 - Disciplinary actions
        Part 7 - Inspection of books and records
        Part 8 - Judicial review and civil liability
        Part 9 - Unlawful acts - enforcement

Revises the composition and duties of the wine industry development board.

APPROVED by Governor April 8, 1997
EFFECTIVE July 1, 1997

H.B. 97-1078 Alcohol beverages - consumption while aboard certain motor vehicles. Makes it lawful for a person who is at least 21 years of age to consume malt, vinous, or spirituous liquors while aboard a charter or scenic bus or a luxury limousine.

APPROVED by Governor April 8, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 97-1183 Medical practice - alternative medicine - definition - disciplinary action. Defines alternative medicine. Requires physicians who practice alternative medicine to inform patients during the initial patient contact of the physician's experience and education regarding the alternative medicine practiced by the physician. Prohibits the board of medical examiners from disciplining a physician solely on the grounds that such physician practices alternative medicine.

APPROVED by Governor April 16, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 97-1187 Dentists - patient's choice of restorative material. Allows a dental patient the right to choose or replace any professionally recognized restorative material. Prohibits the dental board from taking disciplinary action against a dentist solely for removing or placing any professionally recognized restorative material.

APPROVED by Governor March 31, 1997
EFFECTIVE March 31, 1997

H.B. 97-1188 Medical practice - unprofessional conduct - treatment of intractable pain. Clarifies that a person licensed as a physician is not subject to discipline by the board of medical examiners solely for prescribing controlled substances for the relief of intractable pain.

APPROVED by Governor April 21, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 97-1206 Electricians - exemption from permit and inspection requirements - load control devices of public utilities. Exempts from generally applicable permit and inspection statutes the installation of load control devices for electric hot water heaters in single-family residences that are under the control of and operated by an electric utility and installed by a registered electrical contractor.

APPROVED by Governor March 28, 1997
EFFECTIVE March 28, 1997

H.B. 97-1217 Professional land surveyors - definition changes - boundary corner establishment - appeal of administrative decisions. Clarifies the definitions of the terms "professional land surveying", "control corner", and "land survey". Adds definitions of "corner" and "monument".

In any action before the state board of registration for professional engineers and professional land surveyors, clarifies that a surveyor has the same right of subpoena as the board or program administrator of the board. Provides for the appeal of any decision by the board to a court of competent jurisdiction.

Clarifies that the establishment of a boundary corner through acquiescence doesn't alter the location or existence of a properly restored boundary corner in the vicinity. Changes from 6 to 12 months the time within which a surveyor who sets or accepts an existing survey monument while performing a monumented land survey must file a land survey plat in the office designated by the county commissioners for the county in which the survey monument is located.

APPROVED by Governor June 4, 1997
EFFECTIVE July 1, 1997

H.B. 97-1222 Alcohol beverages - liquor licenses - restrictions. Authorizes local licensing authorities and the state, with respect to state-owned property, to deny the issuance of a new tavern or retail liquor store license when it is determined that the issuance of the license would create or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources.

APPROVED by Governor April 16, 1997
EFFECTIVE April 16, 1997

H.B. 97-1226 Accountants - educational requirements - power of state board to promulgate rules. Authorizes the state board of accountancy to make rules to determine additional educational requirements to take the certified public accountant examination or for the issuance of the certificate of certified public accountant that may be necessary to comply with uniform educational standards set by the American Institute of Certified Public Accountants, the National Association of State Boards of Accountancy, or other nationally recognized programs approved by the board.

APPROVED by Governor April 6, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 97-1261 Professional land surveyors - requirements for geographic information systems mapping. Defines geographic information system (GIS) land position. Exempts professional land surveyors from the technical requirements of land surveying, platting, and boundary marking when identifying tracts of land for a GIS. Establishes limitations on the uses for GIS land positions.

APPROVED by Governor March 28, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 97-1297 Shellfish dealers - certification - administration by department of public health and environment. Declares that it is in the public interest to certify shellfish dealers in accordance with the national shellfish sanitation program administered by the United States food and drug administration. Establishes a certification program administered by the department of public health and environment. Defines a shellfish dealer as a person who engages in any of a number of activities, including shipping, shucking, packing, repacking, processing, and storing shellfish. Prohibits persons from acting as shellfish dealers without an appropriate certificate.

Authorizes the department to grant, deny, suspend, and revoke certifications; to inspect the premises and records of shellfish dealers; to hold hearings and assess civil penalties in accordance with the "State Administrative Procedure Act"; and to cooperate with the federal government and other state governments to implement certification provisions. Makes certain acts unlawful and classifies such violation a class 3 misdemeanor.

APPROVED by Governor March 24, 1997
EFFECTIVE July 1, 1997