S.B. 98-19 Horse racing - class B tracks - simulcast facilities - extension of certain repeal dates. Continues until April 20, 2003, certain regulations concerning class B horse track operations, simulcast facilities located at class B horse tracks, and the ability of operators of a simulcast facility at a class B horse track to retain 20% of the net purses earned and payable to the horse purse fund.
Extends to April 21, 2003, the requirement for a simulcast facility that receives a simulcast from a class B horse track to remit to the operator of the class B horse track 1/5 of the gross receipts from pari-mutual wagering that has been retained by the simulcast facility.
Delays until April 21, 2003, some laws concerning simulcast facilities that were to go into effect after the repeal of the foregoing class B track requirements.
APPROVED by Governor March 16, 1998
EFFECTIVE March 16, 1998
S.B. 98-36 Medical practice act - licensing requirements - exemptions - telemedicine. Defines as the "practice of medicine", for which Colorado licensure is required, the act of holding oneself out to the public as being able to diagnose and treat diseases by the use of telemedicine or the interpretation of tests, including primary diagnosis of pathology specimens, images, or photographs. Allows a Colorado-licensed physician to receive specified lab tests from nationally certified labs outside Colorado, and allows a Colorado-licensed pathologist to receive histopathology tests and cytology tests from such sources.
Further limits the existing exemption for occasional Colorado practice by licensed non-Colorado physicians by denying the exemption to physicians who are party to a contract, agreement, or understanding to provide medical services in Colorado. States that nothing in the statutory section amended by the act shall be construed to prohibit patient consultation between a practicing physician licensed in Colorado and a practicing physician licensed in another state or jurisdiction.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
S.B. 98-37 Alcohol beverages sales to underage persons - penalties - rules. Authorizes the liquor enforcement division in the department of revenue to adopt rules setting forth a range of penalties to be used by licensing authorities when underage persons are used in investigations of sales of alcohol beverages to underage persons.
APPROVED by Governor April 17, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-67 Tavern liquor licenses - multiple ownership. Prohibits a tavern licensee from holding more than 3 tavern licenses. Authorizes a person with an interest in a tavern license to have interests in no more than 3 such licenses.
Requires each tavern licensee to have a registered manager for each licensed establishment. Prohibits a person from being a manager for more than one tavern license. Requires manager to register with both the state licensing authority and the local licensing authority. Authorizes the state and local licensing authorities to refuse to accept the registration of a manager if such manager's character, record, and reputation are not acceptable. Imposes a $75 registration fee on the tavern licensee for expenses incurred in establishing the character, record, and reputation of the registered manager.
Requires a tavern licensee to notify the licensing authorities within 5 days whenever the registered manager of a tavern license is no longer employed as a manager. Requires the licensee to designate a new registered manager within 30 days.
APPROVED by Governor March 24, 1998
EFFECTIVE March 24, 1998
S.B. 98-76 Notaries public - regulation - fees. Authorizes notaries public to take sworn and unsworn statements, proof of execution, and attest documents, give statements as to the performance of a notarial act, present and give notice of dishonor and protest notes and other negotiable instruments, and perform any other act recognized under the law and rules of another jurisdiction if such law or rule authorizes a notary in this state to perform such act.
Prohibits notaries from signing a statement that a document was attested to unless such act occurred in the presence of the notary and either the individual was personally known to the notary as the person named in the document or satisfactory evidence of such fact was received by the notary.
Authorizes a notary to certify the subscription or signature of an individual who has a physical limitation if the name of such individual has been signed by another person at the direction of and in the presence of the individual and certain required language appears under the signature. Authorizes a notary to use mechanical means to take an acknowledgment from a person unable to communicate verbally or in writing.
States that a notary's journal may include information about the notarial act, the document, the person whose acknowledgment or other statement was taken, and the witnesses to the notarial act.
Exempts notaries from recordkeeping requirements if the original or a copy of the document contains the information required to be entered in the journal and is retained by the notary's firm or employer. States that no firm or employer shall prohibit an employee who is a notary public from maintaining a journal in the regular course of business.
Raises the fee a notary may charge from $2 to $5. States that such fee shall include incidental services performed by the notary. States that a certificate of acknowledgment shall constitute prima facie evidence of proper execution of the instrument acknowledged.
APPROVED by Governor May 22, 1998
EFFECTIVE January 1, 1999
NOTE: This act shall take effect on January 1, 1999, unless a referendum petition is filed against this act or an item,
section, or part of this act within 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. If such 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 shall take effect on the later of January 1, 1999, or the date of the official declaration of the vote thereon by
proclamation of the governor, only if approved by the people.
S.B. 98-174 Greyhound racing - purse structure. Allows persons licensed to race greyhounds to enter into agreements with organizations representing the majority of the kennel owners participating in a race meet to specify the purse structure for race meets.
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
S.B. 98-192 Greyhound racing - pari-mutuel wagering - takeout percentages. Increases the percentage of gross receipts derived from pari-mutuel wagering on live greyhound races that must be paid as purses in such races from 4% to 5%. Also increases the total percentage of such receipts that may be retained by the owner of a greyhound track from 17.5% to 19.5%.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
H.B. 98-1012 Electricians - continuation of state electrical board under sunset law. Extends the automatic termination date of the state electrical board to July 1, 2001, pursuant to the provisions of the sunset law.
APPROVED by Governor May 22, 1998
EFFECTIVE May 22, 1998
H.B. 98-1014 Plumbers - continuation of examining board of plumbers under sunset law. Extends the automatic termination date of the examining board of plumbers to July 1, 2003, pursuant to the provisions of the sunset law.
APPROVED by Governor April 13, 1998
EFFECTIVE April 13, 1998
H.B. 98-1016 Architects - sunset report recommendations. Clarifies the term "architect's professional services" in the definition of the practice of architecture. Replaces the concept of "responsible charge" with "responsible control". Repeals the requirement that the board maintain a roster of architects. Reduces the 2-year grace period for reinstatement with a 6-month grace period. Replaces the first and second violation fine structure with a single fine of not more than $5000.
Repeals the prohibition of the use of a title by an unlicensed person that might mislead the public into believing such person is an architect. Deletes language referring to the unauthorized use of any derivative of the title "architect" by unlicensed persons. Allows practice of architecture by persons who are licensed in another state if they associate with a Colorado licensed architect. Allows the board, or its designee, to issue cease and desist orders for violation of the title protection section. Allows the use of stamps on reproducible documents if required for compliance with a contract with the federal government. Requires the date on which plans are stamped to be included with the architect's signature.
APPROVED by Governor May 22, 1998
EFFECTIVE July 1, 1998
H.B. 98-1017 Racing commission - animal testing requirements - temporary license or registration. Changes the requirement that the Colorado racing commission take saliva, urine, blood, or other body fluid samples or biopsy or necropsy specimens from horses or greyhounds on a random, statistically valid basis to taking such samples and specimens on a random basis. Allows the racing commission to issue temporary or conditional licenses and registrations for a period not to exceed 90 days. Removes the limitations for the uses of investigation and application fees.
APPROVED by Governor March 23, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1018 Architects - continuation of state board of examiners of architects under sunset law. Extends the automatic termination date of the Colorado state board of examiners of architects to July 1, 2008, pursuant to the provisions of the sunset law.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1043 Notaries public - creation of notary administration cash fund - training - continuation of the regulation of notaries public by the secretary of state under sunset law. Creates the notary administration cash fund for the administration of the "Notaries Public Act". Allows the office of the secretary of state to contract with a private contractor to conduct notary training programs and charge a fee for such programs. Permits the secretary of state to designate the conduct of revocation proceedings to a person other than the secretary of state. Permits the secretary of state to investigate conduct violating the notary laws on the secretary's own motion as well as on a signed complaint. Removes the requirement that correspondence between notaries and the secretary of state be sent by certified mail.
Extends the automatic termination date of the regulation of notaries public by the secretary of state to July 1, 2009, pursuant to the provisions of the sunset law.
APPROVED by Governor March 16, 1998
EFFECTIVE July 1, 1998
H.B. 98-1072 Psychotherapy - regulation of psychologists, social workers, marriage and family therapists, licensed professional counselors, and unlicensed psychotherapists - transfer of regulation of certified alcohol and drug abuse counselors - continuation of regulatory boards under sunset law - appropriation. Removes disciplinary authority for licensed psychologists, licensed and registered social workers, licensed marriage and family therapists, and licensed professional counselors from the state grievance board and vests it in their respective licensing boards.
Changes the composition of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, and the state grievance board so that each board has 4 members of the general public and 3 members who are representatives of the profession regulated by the board in question rather than 2 and 5, respectively, as provided by current law.
Expands the scope of services of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, and the state board of licensed professional counselor examiners. Requires all of the boards to charge a uniform fee for the renewal of a license, registration, or listing in the state grievance board data base. Expands and redefines the title of social worker from licensed clinical social worker to licensed social worker, licensed independent social worker, licensed clinical social worker, and registered social worker.
Creates the confidential letter of concern as a new method of discipline that may be issued by a board to its licensees, registrants, or unlicensed psychotherapists.
Allows the state grievance board to refuse to add an unlicensed psychotherapist to the data base if such unlicensed psychotherapist is in violation of the law. Adds unlicensed psychotherapists to the list of other regulated psychotherapists who must submit to a mental or physical examination if the board has reasonable cause to believe that the unlicensed psychotherapist is unable to practice with reasonable skill and safety to patients. Prohibits unlicensed psychotherapists from registering in the state grievance board data base unless they have completed a jurisprudence workshop approved by the state grievance board. Expands to unlicensed psychotherapists the confidentiality privileges enjoyed by the other psychotherapy disciplines.
Transfers the authority to certify and discipline certified alcohol and drug counselors from the department of human services to the director of the division of registrations in the department of regulatory agencies. Transfers $96,880 in the alcohol and drug counselor certification fund to the division of registrations cash fund.
Adds licensed marriage and family therapists and licensed professional counselors to the list of persons who may:
Extends the automatic termination date of the state board of psychologist examiners, state board of social work examiners, state board of marriage and family therapist examiners, state board of licensed professional counselor examiners, and the state grievance board until July 1, 2004, pursuant to the provisions of the sunset law.
Appropriates $34,262 from the division of registrations cash fund to the division of registrations in the department of regulatory agencies for operating expenses. Makes adjustments in the 1998 long bill for the department of human services and the division of registrations in the department of regulatory agencies.
APPROVED by Governor June 1, 1998
EFFECTIVE July 1, 1998
H.B. 98-1102 Handguns - instant background check - authority - repeal date. Authorizes the Colorado bureau of investigation to apply the instant criminal background check system to the transfer of firearms after November 30, 1998.
Changes the repeal date for the "Instant Criminal Background Check System Act" to coincide with the date on which the federal government will implement the national instant criminal background check system. Instructs the Colorado bureau of investigation to notify the revisor of statutes when the national system becomes operational.
APPROVED by Governor April 17, 1998
EFFECTIVE April 17, 1998
H.B. 98-1123 Motor vehicle sales transactions - continuation of the functions of the executive director of the department of revenue under sunset law. Extends the functions of the executive director of the department of revenue regarding sales of motor vehicles to July 1, 2003, pursuant to the provisions of the sunset law.
APPROVED by Governor April 21, 1998
EFFECTIVE July 1, 1998
H.B. 98-1128 Motor vehicle sales transactions - motor vehicle dealer board - licensing - hearing procedures - bond requirements - violations by licensees - maintenance of repair facilities by dealers - continuation of the functions of the motor vehicle dealer board under sunset law. Modifies the definition of "advertisement" in the motor vehicle dealer licensing statutes to include a commercial message on a computer network and to exclude any materials that are required to be displayed under federal or state law. Requires that any auctioning of motor vehicles by an auctioneer be incidental to the primary business of auctioning goods. Modifies the definition of "used motor vehicle dealer" to eliminate the exception for a person who owns property where sales are made, but who leases such property to a licensed motor vehicle auctioneer.
Eliminates the office of secretary-treasurer for the motor vehicle dealer board. Requires the board to elect a 1st vice-president and a 2nd vice-president from its membership, instead of a single vice-president. Authorizes the board to delegate its functions to the board's executive secretary. Requires the executive secretary to be accountable to the board and authorizes the executive secretary to discharge any duties of the board that the board has delegated.
Authorizes the motor vehicle dealer board to issue temporary licenses, for periods not to exceed 120 days, while the board is completing its investigation regarding the license application.
Allows the motor vehicle dealer board to conduct hearings using hearing officers from the board's membership, in addition to using administrative law judges. Directs the board to promulgate rules regarding circumstances in which a board member should not act as a hearing officer because of business competition issues. Limits the sanctions that may be recommended by a hearing officer as follows:
Authorizes the motor vehicle dealer board to issue letters of admonition and letters of reprimand for violations by licensees. Authorizes the board to seek to resolve disputes prior to beginning an investigation or hearing. Indicates that specified discovery available under the Colorado rules of civil procedure is available in proceedings conducted by the board. Eliminates the authority of the board to prescribe forms for the lease of a motor vehicle. Authorizes the board to impose a fine of up to $1,000 per day for any person found to have acted as a licensee without holding a license.
Authorizes the motor vehicle dealer board to request the attorney general to make civil investigations and enforce civil violations of the board's rules and to bring and defend civil suits.
Provides that licenses expire one year after the month of issuance of the license, instead of expiring on July 1. Provides that any license issued expires upon the voluntary surrender of the license or upon the abandonment of the licensee's place of business for more than 30 days. If a motor vehicle dealer, used motor vehicle dealer, or wholesaler voluntarily surrenders its license or abandons its place of business for more than 30 days, requires the licensee to file a new license application in order to obtain a license renewal.
Prior to the completion of a transaction, requires any used motor vehicle dealer who is negotiating the sale, exchange, or lease of a motor vehicle not owned by such dealer to disclose in writing to all parties the amount of compensation to be received from the consumer and the amount of compensation to be received from the vehicle owner as a result of the transaction.
Requires that the bonds of a licensee be conditioned on the requirement that the licensee comply with such provisions of the motor vehicle dealer licensing statutes as are designated by the motor vehicle dealer board or by the executive director, as appropriate, by rule, rather than being conditioned on compliance with all such requirements.
Eliminates the requirement that the motor vehicle dealer board send a notice to a motor vehicle salesperson who has been discharged or has left his or her place of employment informing such salesperson that his or her license has been returned to the board. Eliminates the requirement that a motor vehicle dealer or used motor vehicle dealer maintain a facility for reconditioning and repairing motor vehicles or maintain a contract with a duly licensed and reputable garage having such facilities.
Authorizes the denial, revocation, or suspension of a license if the licensee violates a lawful order of the motor vehicle dealer board. Authorizes the denial or revocation of a license if the licensee has been convicted of any of the following offenses during the previous 10 years:
Extends the functions of the motor vehicle dealer board to July 1, 2008, pursuant to the provisions of the sunset law.
APPROVED by Governor May 1, 1998
EFFECTIVE July 1, 1998
H.B. 98-1217 Pharmacists - unlicensed pharmacy assistants - nonresident prescription drug outlets - registration by pharmacy board - long bill adjustment. Requires a pharmacist manager of a prescription drug outlet employing an unlicensed assistant to file with the state board of pharmacy the name and date of birth of each unlicensed assistant who is employed by the outlet.
Requires persons located outside the state who dispense drugs or devices to persons in this state to register with the state board of pharmacy. Requires such persons to file with the board annually a list of officers, and to certify that it complies with all of the licensing rules of the state in which it is licensed. Specifies that these requirements only apply to persons operating outside the state and shipping drugs into this state. Forbids such persons from doing business in this state until it is registered.
Repeals the board's authority to limit the number of unlicensed persons that a pharmacist may supervise in the practice of pharmacy.
Adjusts the 1998 long bill cash fund appropriation to the department of regulatory agencies, division of registrations, by $6,681.
APPROVED by Governor May 22, 1998
EFFECTIVE August 5, 1998
NOTE: This act 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. 98-1224 Bail recovery - prelicensure training for bail bonding agents - hiring or contracting with persons to perform bail recovery services - training requirements - background checks - establishment of training standards - appropriation. Effective January 1, 1999, requires any person applying for licensure as a bail bonding agent to obtain training in bail recovery practices.
On and after October 1, 1998, requires a licensed bail bonding agent to take the following actions before hiring, contracting with, or paying any compensation to any individual other than another licensed bail bonding agent for bail recovery services:
Requires any individual who wishes to be employed by a licensed bail bonding agent to perform bail recovery services to have his or her fingerprints taken by a local law enforcement agency for a background check. Requires that such individual provide payment by certified check or money order for the fingerprints and for the background check. Upon receipt of a set of fingerprints and the payment for costs, directs the Colorado bureau of investigation to determine whether the individual has been convicted of or pled guilty or nolo contendere to any felony under state or federal law during the previous 15 years. Directs the bureau to establish and maintain files regarding the criminal backgrounds of persons seeking to provide bail recovery services.
On and after October 1, 1998, prohibits any licensed bail bonding agent from hiring, contracting with, or paying any compensation to any individual for bail recovery services if the inquiry to the Colorado bureau of investigation indicates that the bureau has not completed a background check or if the bail bonding agent knows, through the inquiry to the bureau or any other source, that the individual has been convicted of or pled guilty or nolo contendere to a felony during the previous 15 years. Requires a bail bonding agent to pay the bureau for the cost of each inquiry. Directs the bureau to obtain the name of each licensed bail bonding agent making an inquiry and such agent's license number. Indicates that the bureau, any local law enforcement agency, and any individual employed by the bureau or such agency is not liable for any damage that may result from good faith compliance with such requirements.
Authorizes a district attorney to contract with any person or entity for the collection of forfeited recognizances and to provide for payment of any fees and costs out of the moneys collected.
Directs the peace officers standards and training board to establish standards for training in bail recovery practices and bail fugitive apprehension on or before October 1, 1998.
Appropriates $1,000 to the department of law for allocation to the peace officers standards and training board for the implementation of the act.
APPROVED by Governor May 27, 1998
EFFECTIVE May 27, 1998
H.B. 98-1225 Medical practice - peer health assistance program - fee. Effective January 1, 1999, increases the maximum amount of the fee assessed physicians and physician assistants for the peer health assistance program from $28 to $50. Authorizes the state board of medical examiners thereafter to adjust annually the maximum amount of the fee to reflect changes in the consumer price index.
APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998
H.B. 98-1369 Chiropractors - license examinations - long bill adjustment. Allows the board of chiropractic examiners to adopt the practical examination developed and administered by the national board of chiropractic examiners. Specifies that the passing score for that practical examination shall be set by the national board of chiropractic examiners. Eliminates applicants' ability to repeat an examination in one subject if the applicant has received a passing grade in all but one subject.
Adjusts the 1998 long bill to decrease the cash funds appropriation to the division of registrations in the department of regulatory agencies by $6,850.
APPROVED by Governor May 18, 1998
EFFECTIVE May 18, 1998
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