APPROVED by Governor March 17, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 00-58 Educational programs - exemptions. Exempts certain educational programs offered or conducted by federally tax-exempt organizations from the provisions of the "Private Occupational Education Act of 1981".
APPROVED by Governor March 31, 2000
EFFECTIVE March 31, 2000
S.B. 00-94 Pharmacists - continuing education. Requires pharmacists to complete 24 hours of continuing education every 2 years in order to maintain their licensure. Allows the state board of pharmacy to grant a 6-month extension to meet continuing education requirements. Allows for exceptions to the requirement. Sets standards for accreditation of continuing education programs.
APPROVED by Governor May 26, 2000
EFFECTIVE May 26, 2000
S.B. 00-101 Disciplinary procedures - mental health professionals. Clarifies that disciplinary proceedings against mental health professionals (psychologists, social workers, marriage and family therapists, and licensed professional counselors) are not subject to the open records laws until a majority of the board that licenses, regulates, or registers the mental health professional agrees to proceed with disciplinary action and a notice and a formal complaint are served on the mental health professional by first-class mail. Clarifies that all final agency action by the board that licenses, regulates, or registers the mental health professional or the filing of a formal complaint shall be open for public inspection. Requires that the names of clients or other recipients of services by the mental health professional be redacted when records become public.
APPROVED by Governor March 31, 2000
EFFECTIVE February 1, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 00-122 Local government limited gaming impact fund - distributions - eligibility - increase in allocation of limited gaming proceeds - appropriation. Removes the prohibition against Central City, Black Hawk, and Cripple Creek sharing in distributions from the local government limited gaming impact fund. For fiscal years 1999-2000, 2000-01, 2001-02, 2002-03, and 2003-04, allocates an additional percentage of limited gaming proceeds to the local government limited gaming impact fund for funding documented gaming impacts upon local governments eligible for funding.
Appropriates $3,985,454 and 0.2 FTE to the department of local affairs and division of local government field services section for the implementation of the act, and specifies that of the amount appropriated, $7,558 are to be used for administrative purposes.
VETOED by Governor May 26, 2000
S.B. 00-132 Consumer reporting agencies - information provided to consumers. Increases the number of inquiries a consumer reporting agency must receive before it is required to notify a consumer from 3 to 8. Changes the number of months during which the names of all persons requesting credit information pertaining to a consumer must be disclosed to such consumer from 6 to 12.
Requires a consumer reporting agency to include a notice or separate form for a consumer to complete to request a copy of such consumer's file in any disclosure letter mailed to the consumer. Also requires a consumer reporting agency to provide a toll-free telephone number to provide the consumer information necessary to request a copy of such consumer's file in such disclosure letter.
APPROVED by Governor May 26, 2000
EFFECTIVE January 1, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 00-206 Local government limited gaming impact fund - continuous appropriation. For purposes of the local government limited gaming impact fund, authorizes the use of any unexpended and unencumbered moneys in the fund at the end of any fiscal year for expenditure in subsequent fiscal years without further appropriation by the general assembly.
APPROVED by Governor June 2, 2000
EFFECTIVE July 1, 2000
H.B. 00-1038 Board of medical examiners - additional public members. Sets forth a legislative declaration detailing the benefits of having public members of state regulatory bodies. Declares that it is in the best interest of the state to increase the number of public members on the state board of medical examiners (board).
Adds 2 additional members of the public to the board. Provides that the new members' terms shall initially expire on May 3, 2002, for one, and on May 3, 2003, for the other. Requires that the public members on the board have no financial or professional association with the medical profession.
APPROVED by Governor March 17, 2000
EFFECTIVE March 17, 2000
H.B. 00-1058 Board of medical examiners - grounds for discipline - complaints filed by the board. Classifies failure to truthfully respond in a manner that discloses all material information to a complaint issued by the state board of medical examiners as unprofessional conduct under the "Colorado Medical Practice Act".
APPROVED by Governor March 17, 2000
EFFECTIVE July 1, 2000
H.B. 00-1075 Medical practice - nurse midwife - standards of practice - physician consultation and collaboration. Eliminates the requirement of the "Colorado Medical Practice Act" that a personally responsible physician direct, supervise, and set protocol of a certified nurse-midwife. Replaces such requirement with the standards set by the American college of nurse-midwives, including the requirement that a nurse-midwife have a safe mechanism for consultation or collaboration with a physician or, when appropriate, referral to a physician.
APPROVED by Governor March 10, 2000
EFFECTIVE March 10, 2000
H.B. 00-1088 Consumer credit reporting - credit scoring for insurance. Requires an insurance company to disclose the use of consumer credit scoring to make underwriting decisions before the insurance company can access a consumer's credit report.
APPROVED by Governor March 17, 2000
EFFECTIVE January 1, 2001
H.B. 00-1137 Real estate appraisers - licensure - qualifications, levels, and sanctions. Defines the following 4 levels of appraiser licensure: Certified general appraiser, certified residential appraiser, licensed appraiser, and registered appraiser. Requires an applicant for licensed appraiser to have at least one year of experience before qualifying for a license. Permits appraisers to renew a license on inactive status. Clarifies that a licensee on inactive status is not required to comply with continuing education requirements, but the licensee cannot appraise homes within the scope of the article. Requires the licensee on inactive status to become up to date on continuing education requirements before the license can become active. Adds public censure to the sanctions the board of real estate appraisers may apply to persons violating the applicable laws.
APPROVED by Governor March 17, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1155 Debt management - expiration of regulatory scheme. Deletes from the Colorado Revised Statutes references to the regulation of debt management companies by the division of banking at the conclusion of the wind-up period provided under the sunset law.
APPROVED by Governor March 2, 2000
EFFECTIVE July 1, 2001
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1179 Barbers and cosmetologists - continuation of the regulation of barbers and cosmetologists under sunset law - hairstylist license - advisory committee - creation. Repeals the state board of barbers and cosmetologists. Requires the director of the division of registrations in the department of regulatory agencies (director) to license barbers and cosmetologists and to assume the duties of the board.
Creates a hairstylist license. Defines "hairstyling" and "hairstylist". Creates a 5-member advisory committee to assist the director.
Allows the director to license by endorsement a person who has practiced as a licensed barber, hairstylist, cosmetologist, cosmetician, or manicurist in another state for at least 2 out of the 5 years immediately preceding the date of application for a license and who meets all other requirements for licensure.
Extends the automatic termination date of the licensing function of the director and the advisory committee to July 1, 2005, pursuant to the sunset law.
BECAME LAW: June 3, 2000
EFFECTIVE July 1, 2000
H.B. 00-1182 Uniform consumer credit code - collection agencies - licensure. Continues the function of licensing collection agencies under the "Colorado Fair Debt Collection Practices Act" until July 1, 2003. Broadens the scope of the act to apply to any agency with a place of business within the state or that tries to collect or solicit debts from a business with a place of business within the state. Eliminates the exemption to the nonlicensure provisions of the act for debt purchasers.
Defines "consumer reporting agency" for the purposes of the act. Updates federal statutory cites that define "credit reporting agency". Replaces the phrase "executive director" with the term "administrator of the uniform consumer credit code". Requires that all communication with the consumer be in writing if the consumer has refused to pay the debt. Broadens the zone where a consumer may require the credit agency to cease contact to include the consumer's residence. Changes the statute of limitations on enforcing the provisions of the act from 2 years to one year.
Eliminates the requirement that debt collectors and solicitors be registered. Requires all fines to be remitted to the general fund instead of the collection agency cash fund. Restricts eligibility for the collection agency board to a collection manager, owner, or part owner of a licensed collection agency.
Clarifies the licensing requirements to show that:
Establishes automatic expiration of a license if the applicant fails to submit an application, pay any part of the required fees, or post the appropriate bond. Clarifies that the bond maintained in a trust account a collection agency maintains shall cover all of its clients, and allows for such account to be in an out-of-state financial institution if the institution has an in-state branch. Exempts from the bond requirement persons who collect or attempt to collect a debt the person owns.
Broadens the scope of prima facie evidence of grounds for disciplinary action to include disciplinary action taken against the licensee's principle by another jurisdiction, and to include all conduct that would constitute a violation as opposed to conduct that resulted in a violation.
APPROVED by Governor May 25, 2000
EFFECTIVE July 1, 2000
H.B. 00-1183 Colorado state boxing commission - creation - licensing - appropriation. Creates the "Colorado Professional Boxing Safety Act". To administer such act, creates the Colorado state boxing commission (commission) and the office of boxing within the office of the executive director of the department of regulatory agencies. Requires the executive director of the department of regulatory agencies to appoint a director for the office of boxing. Authorizes the commission to promulgate rules regulating live boxing and kickboxing matches.
Provides the commission, any member of the commission, staff, and technical advisors appointed by the commission with governmental immunity.
Allows the commission to establish fees and surcharges for the implementation of the "Colorado Professional Boxing Safety Act".
Describes the civil and criminal penalties for violations of the act and authorizes the commission to seek injunctions to enforce compliance with the act. Includes judicial review provisions.
Appropriates from the boxing cash fund to the department of regulatory agencies, executive director's office, for the fiscal year beginning July 1, 2000, the sum of $90,494 and 1.0 FTE for implementation of the act. Also appropriates to the department of law, for the fiscal year beginning July 1, 2000, the sum of $10,574 and 0.1 FTE for the provision of legal services to the department of regulatory agencies related to implementation of the act.
APPROVED by Governor June 2, 2000
EFFECTIVE July 1, 2000
H.B. 00-1186 Motor vehicle dealers - manufacturers - franchises - termination, succession, and renewal - other terms and conditions. Prohibits a motor vehicle manufacturer from cancelling the franchise of a dealer except upon just cause, taking into account the amount of business transacted by the dealer, the investments made by the dealer in carrying out the franchise agreement, the effect of the cancellation on the buying public, the motor vehicle dealer's failure to provide adequate service or warranty work, and other factors.
Imposes requirements for fair and equitable treatment of dealers, including a requirement that dealers be allowed to handle all vehicles in the same line-make produced by the manufacturer without the payment of unreasonable fees, purchase of unreasonable advertising displays, compliance with unreasonable training and facilities requirements, or an agreement not to handle other line-makes of vehicles. Defines "line-make".
Upon termination, cancellation, or nonrenewal of a franchise agreement, requires the manufacturer to reimburse the dealer within 90 days for unsold inventory of motor vehicles, parts, and supplies and for packaging and transporting such inventory to the manufacturer.
Prohibits a manufacturer from authorizing anyone but a franchised dealer or the owner of a vehicle fleet to perform warranty service on the manufacturer's vehicles.
Requires notice to existing dealers in the area whenever a manufacturer proposes to establish a new dealer, reopen a previously existing dealer, or relocate an existing dealer. Defines the relevant market area as the greater of the following:
States that no new, reopened, or relocated dealer shall be licensed except upon findings relating to the investments already made by existing dealers, the population of the relevant market area and the number of registered vehicles, and the adequacy of service provided by the existing dealers. Places the burden of proof on the manufacturer in connection with such findings.
Prohibits a manufacturer from owning or controlling a dealer except in specified situations including the transition from one franchised dealer to another, such as when a sale of the dealership is pending, when there are no other dealerships of that line-make in the state, or solely for the purpose of obtaining financing that will allow the dealer to become the majority owner of the dealership within 7 years.
Allows a franchised dealer to choose a successor in case of the dealer's death or incapacity, and requires the manufacturer to honor such choice unless the successor fails to meet the manufacturer's basic criteria such as financial condition or credit rating. Requires the manufacturer to give written notice of the rejection of a successor and to state the basis for such rejection.
For the purpose of judicial resolution of disputes, allows venue in the judicial district where the dealer resides or does business, and applies Colorado law.
Exempts manufacturers of recreational vehicles and of vehicles with a passenger capacity of 32 or more from the new and amended provisions contained in the act.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
H.B. 00-1226 Liquor code - liquor-licensed drugstore - conversion to retail liquor store. Allows a licensee with a liquor-licensed drugstore license in effect on July 1, 2000, to convert or transfer such license to a retail liquor store license notwithstanding that the licensed premises is within 500 feet from a public or parochial school or the principal campus of a college, university, or seminary.
Permits but does not require local licensing authorities to determine the needs and desires of the neighborhood with respect to the conversion or transfer of a liquor-licensed drugstore license to a retail liquor store license.
APPROVED by Governor March 16, 2000
EFFECTIVE March 16, 2000
H.B. 00-1258 Certified public accountants - continuation of the state board of accountancy - ownership of accounting firms - grounds for discipline - confidential letter of concern - when complaints become public information. Continues the state board of accountancy (the board) until July 1, 2005. Limits membership on the board to 2 consecutive terms.
Clarifies that regulation of certified public accountants is in the best interests of the citizens of Colorado and that the board may discipline certified public accountants employed, serving clients, or practicing within Colorado.
Removes completion of a baccalaureate degree with at least 30 hours' additional study or a higher degree as grounds for issuance, renewal, reactivation, or reinstatement of a certificate for a certified public accountant. Provides the board with discretion in evaluating credentials for issuance, renewal, reactivation, or reinstatement of Colorado certificates of certified public accountant.
Allows for ownership and voting rights of a partnership, professional corporation, or limited liability company by persons who are not certified public accountants or who are licensed certified public accountants in another state. Requires the application for registration filed with the board to include identification of the person within the partnership, professional corporation, or limited liability company responsible for registration with the board. Requires the application to include disclosure of all states in which that partnership, professional corporation, or limited liability company is licensed, permitted to practice, or registered to practice and all of the states in which license, permission, or registration has been denied, suspended, or revoked. Requires any changes to the application to be reported to the board within 30 days. Allows the board to suspend or revoke the permit to practice accountancy in Colorado or to administer other discipline for failure to report changes to the application.
Creates grounds for discipline for providing, directly or indirectly, independent audit services by a certified public accountant who has not registered with the board or who does not have an active certificate. Creates grounds for discipline for providing accounting services, other than independent auditing services, to clients located in Colorado by a holder of a certificate, registration, or license from another jurisdiction without prior notification to the board. Allows the board to issue a confidential letter of concern when the board determines formal action is inappropriate. Clarifies that complaints filed by the board become public records upon final action of the board or the filing of formal charges are filed and served by the attorney general. Requires that all work-product documents remain confidential even when a final action becomes public information.
APPROVED by Governor June 1, 2000
EFFECTIVE July 1, 2000
H.B. 00-1266 Alcohol beverages - licenses - limitations on ownership. Allows owners of optional premises liquor licenses to own not more than 3 optional premises licenses.
APPROVED by Governor March 17, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1294 Respiratory therapists - licensing and regulation subject to sunset law - appropriation. Creates the "Respiratory Therapy Practice Act". Establishes a regulatory program for respiratory therapists that: Defines the scope of practice of respiratory therapists; prohibits the practice of respiratory therapy by anyone who does not possess a current, valid license from the division of registrations in the department of regulatory agencies; authorizes the division to issue a license to applicants who pay a fee and who have demonstrated competency by receiving a certification from the national board for respiratory care or who hold a license to practice respiratory therapy from another state; and specifies grounds for approval, denial, renewal, and revocation of licensure and for discipline of respiratory therapists.
Establishes an automatic termination date for the regulation and licensure of respiratory therapists by the division of registrations of July 1, 2005, pursuant to the provisions of the sunset law.
Appropriates $78,119 and 0.8 FTE from the division of registrations cash fund to the department of regulatory agencies for allocation to the division of registrations for the implementation of the act. From such appropriation, appropriates $24,585 and 0.3 FTE to the department of law and $2,492 to the department of personnel for allocation to the division of administrative hearings.
APPROVED by Governor May 26, 2000
EFFECTIVE July 1, 2000
H.B. 00-1300 Hearing impaired - audiologists - registered hearing aid providers - continuation of the regulation of audiologists and registered hearing aid providers under sunset law. Changes the term "hearing aid dealer" to "registered hearing aid provider". Reclassifies trainee registered hearing aid providers into trainee and associate registered hearing aid providers.
Requires the surety to notify the director of the division of registrations in the department of regulatory agencies (director) within 30 days after it receives a claim or payment is made from a registered hearing aid provider's surety bond or if the surety bond is cancelled for any reason. Increases the amount of the surety bond a registered hearing aid provider must furnish before being allowed to register with the director from $5,000 to $10,000.
Includes as grounds for discipline of a registered hearing aid provider, trainee, or associate a conviction or acceptance of a plea of guilty or nolo contendere or receipt of a deferred sentence in any court to a felony. Authorizes the director to issue a cease and desist order to a person who has acted without the required license, is in violation of the laws concerning registered hearing aid providers or audiologists, or is acting in a manner that is a threat to the health and safety of the public.
Modifies the way a person over the age of 18 years may waive the requirement of providing a written prescription from a physician to the registered hearing aid provider before the registered hearing aid provider may dispense a hearing aid to such person.
Changes the responsibility for retaining patient records from the registered hearing aid provider to the supervising registered hearing aid provider or to the registered hearing aid provider designated by the employer.
Extends the automatic termination date for the registration function of the director for audiologists and registered hearing aid providers to July 1, 2007, pursuant to the provisions of the sunset law.
APPROVED by Governor May 26, 2000
EFFECTIVE July 1, 2000
H.B. 00-1301 Racing - purse trust accounts. Requires moneys deposited in horse or dog racing purse trust accounts to be invested in a fund that invests in direct obligations of the United States government with maturities of less than one year or is account insured in full by an agency of the federal government.
Requires moneys deposited by licensees in a horse or dog racing purse trust account to go directly into such trust account rather than through the department of revenue.
APPROVED by Governor March 31, 2000
EFFECTIVE March 31, 2000
H.B. 00-1307 River outfitters - repeal of advisory committee. Sunsets the advisory committee on river outfitter regulations.
APPROVED by Governor March 17, 2000
EFFECTIVE July 1, 2000
H.B. 00-1345 Manufactured housing - regulation of installers - consumer protection - appropriation. Declares that comprehensive regulation of the installation of manufactured homes to ensure the safety, affordability, and performance of manufactured homes for residential purposes is a matter of statewide and local concern. Finds that registration of persons who install manufactured homes will help ensure this statewide concern is addressed.
Defines installation, installer, and manufacturer of a manufactured home. Requires installers to register with the division of housing in the department of local affairs (the division). Allows employees of an installer to not register with the division as long as the employees are performing functions under the direct supervision of a registered installer. Exempts a person from registration who is installing only one manufactured home on real property owned by such person within a 12-month period.
Requires installers seeking registration to submit an application to the division which must be verified under penalty of perjury. Requires applicants to:
Allows registration to be valid for a period of 3 years. Requires a registered installer to submit to the division any information that changes within 30 days of the change. Allows the division to set a registration fee of not more than $250.
Requires installers to comply with the manufacturer's instructions when installing a manufactured home. Requires an installer, when the manufacturer's instructions are unavailable, to comply with standards for installation promulgated by the division. Allows the division to execute the performance bond required by this act for reimbursement of costs for inspections requested by an owner when the installation fails inspection or for the subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards set by the division.
Allows the division or an independent contractor to perform inspections on manufactured homes when the installer is not certified and upon complaint of the owner of the manufactured home. Defines a certified installer as an installer who is registered and who has installed more than 5 manufactured homes in compliance with the manufacturer's instructions or division's standards. Requires the party requesting the inspection to pay for costs associated with the inspection when questioning the installation performed by certified installers.
Requires an installer to obtain a certificate of installation from the division. Requires the certificate and manufacturer's instructions to be attached to the manufactured home being installed.
Allows the division to train inspectors to perform installation inspections. Allows contracting with third parties to provide inspection services at the request of the division. Requires the division to create the standards of installation to be used statewide. Prohibits the occupation of a manufactured home when installation creates a condition that would endanger the health or safety of the occupant. Allows a manufactured home to be occupied when the installation fails inspection, but the health or safety of the occupant is not endangered. Allows the division to establish a fee for inspections of manufactured homes.
Allows the installer to correct problems identified during the inspection. Stipulates that failure to correct problems identified during the inspection within a reasonable time enables the owner to execute against the performance bond.
Prohibits a local government unit from adopting standards for the installation of manufactured homes that are different from the division's standards, except for unique public safety requirements. Prohibits the installation of a manufactured home in a manner that is not defined in this act. Allows for the revocation or suspension of the registration of an installer, fines, or for other disciplinary measures established by the division, for failing to comply with the division's installation standards. Allows the division to investigate complaints filed by owners or occupants of manufactured homes. Makes a violation of installation laws a deceptive trade practice. Allows the court to award reasonable costs in an action against an installer and attorneys' fees and interest in addition to actual damages for a violation of installation laws.
Appropriates $8,000 to the division of housing in the department of local affairs for training of independent contractors to perform installation inspections.
APPROVED by Governor May 26, 2000
PORTIONS EFFECTIVE July 1, 2000, July 1, 2001
H.B. 00-1420 Liquor licensing - resort-complex-related facility permit. States that a hotel may be designated as a resort complex if it has at least 50 sleeping rooms and has related sports and recreational facilities located contiguous or adjacent to the hotel. Requires a resort complex to designate its principal licensed premises and each separate related sports and recreational facility that is located within the overall boundaries of the licensed premises of the resort complex. Defines "contiguous or adjacent" for purposes of a resort complex only.
Creates a resort-complex-related facility permit that a resort complex must receive for each related sports and recreational facility at which it desires to offer alcohol beverages. Defines "related facility". Requires each related facility to remain at all times under the ownership and control of the resort complex licensee.
Allows customers and guests who purchase alcohol beverages at one related facility to carry such beverages to other related facilities within the overall licensed premises boundaries of the resort complex.
Considers each related facility to be separately licensed or permitted for the purpose of application of the sanctions imposed for violation of the "Colorado Liquor Code". Establishes a state resort-complex-related facility permit fee of $50 per related facility and a local resort-complex-related facility permit fee of $100 per related facility.
APPROVED by Governor May 26, 2000
EFFECTIVE May 26, 2000
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.