S.B. 02-4 Alcohol beverages - licensees - financial assistance to state institutions of higher education. Allows manufacturers, wholesalers, and other entities in the liquor industry to provide financial assistance to a state institution of higher education, or to the governing board of such institution, if the institution has been issued a liquor license.
BECAME LAW April 23, 2002
EFFECTIVE July 1, 2002
S.B. 02-5 Motor vehicle dealers - licensing - unlicensed activity - penalties - investigations. Prohibits a person whose license has been denied, suspended, or revoked from engaging in activities for which a motor vehicle dealer's license, used motor vehicle dealer's license, motor vehicle wholesaler's license, or motor vehicle salesperson's license is required. Punishes a first offense as a class 1 misdemeanor and a second or subsequent offense as a class 6 felony.
When a person is charged with violating this prohibition or existing prohibitions on similar activity, and the person is thereafter convicted or the case is disposed of under a plea bargain or other arrangement other than an acquittal, requires the court to give notice of conviction or other disposition to the motor vehicle dealer board (board). Directs the board to investigate and determine whether such person was in fact unlicensed at the time of the violation and, if so, to suspend or revoke any other licenses the person may have held and to not issue or reinstate any license to the person for a period of one year.
Clarifies that, for purposes of disciplining licensees, certain violations must directly and necessarily involve commerce or motor vehicles.
Allows investigators of the department of revenue to issue misdemeanor summonses for violations. Adds such investigators to the existing definition of a peace officer, level II, for the limited purpose of issuing such summonses.
APPROVED by Governor March 22, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
S.B. 02-196 Real estate - brokers - relationship types - vicarious liability. Declares that individual members of the public should not be held liable for the acts or omissions of real estate brokers that have not been approved, directed, or ratified by such individuals. Establishes designated brokers to serve as a single agent for a client within a brokerage. Except for the purposes of the vicarious liability of an employing broker, limits the public's legal relationship with brokers to the individual broker they engage.
Requires the nature of the brokerage relationship to be disclosed in writing to the person engaging such broker. Prohibits dual agency and subagency real estate brokerage relationships. Prohibits members of the public from being held vicariously liable for the acts and omissions of their real estate broker unless the act or omission was approved, directed, or ratified.
Clarifies the following:
APPROVED by Governor June 1, 2002
EFFECTIVE January 1, 2003
S.B. 02-203 Nurses - nurse diversion program - actions against licenses. Clarifies that the state board of nursing may seek remedies that have an impact on a nurse's license if the nurse voluntarily enters the nurse diversion program.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
S.B. 02-207 Liquor enforcement division - state licensing authority - cash fund - fee increases - appropriation. Changes the name of the liquor enforcement division cash fund to the liquor enforcement division and state licensing authority cash fund. Increases the amount of state license fees that is transferred to the cash fund. States that the moneys in the cash fund shall be used to fund the state licensing authority as well as the liquor enforcement division. States that the amounts of fees for processing applications, notices, or reports shall reflect the direct and indirect costs of the state licensing authority as well as the liquor enforcement division.
Increases annual state fees by $25 for the following licenses issued by the state licensing authority:
Eliminates the maximum amount of the fee the state licensing authority may charge corporate applicants and limited liability companies for the cost of fingerprint analysis and background investigation undertaken to qualify new officers, directors, stockholders, members, or managers.
Appropriates $1,050 to the department of revenue for allocation to the liquor enforcement division for the implementation of this act. Adjusts appropriations to the department of revenue in the 2002 general appropriations act.
APPROVED by Governor May 28, 2002
EFFECTIVE July 1, 2002
S.B. 02-221 Horse racing - annual race days - purse funds - simulcasting. Extends the repeal of certain horse racing statutes for 5 years, which effects the following changes:
APPROVED by Governor June 1, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1031 Nurses - retired volunteer licenses - eligibility. Eliminates the requirement that a nurse who applies for a retired volunteer nursing license must have retired within the past 4 years to receive such a license.
APPROVED by Governor March 13, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1040 Alcohol beverages - licensing applications - master file - criminal history record checks. Allows an applicant who is seeking multiple alcohol beverage licenses to request that the state licensing authority create a master file of information relating to the applicant for purposes of all such applications. Requires an applicant or licensee who has been issued a master file to report all changes to information in the master file within 30 days after any change. Prohibits a local licensing authority from requiring applicants with an approved master file to file additional information for criminal history record checks.
Requires an applicant for an alcohol beverage license to submit fingerprints for the purpose of a fingerprints-based criminal history record check. Allows an applicant who has previously submitted fingerprints to request that the fingerprints on file be used for any additional criminal history record checks. Requires a licensing authority to use the results from the criminal history check to investigate and determine if an applicant is qualified for an alcohol beverage license. Allows a licensing authority to request additional information from an applicant if certain conditions exist.
APPROVED by Governor March 13, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1078 Boxing - state boxing commission - organization - transfer of authority and appropriations. Moves the office of boxing and the Colorado state boxing commission (commission) from the office of the executive director of the department of regulatory agencies to the division of registrations in the department of regulatory agencies. Repeals certain of the division director's powers and expands the director's disciplinary authority.
Requires the commission to license seconds and inspectors. Deletes the requirement that the commission establish license fees by rule. Eliminates the boxing cash fund and requires all moneys collected by the commission to be credited to the division of registrations cash fund.
Transfers appropriations and FTE from the office of boxing to the division of registrations.
APPROVED by Governor April 25, 2002
EFFECTIVE July 1, 2002
H.B. 02-1087 Racing - veterinary services - temporary or emergency situations - expenses - deduction. Allows a licensed operator for the racing of animals to provide veterinary services to an animal, at the operator's expense, in temporary or emergency situations with the approval of and under the direction of an agent of the division of racing events.
Permits the licensed operator to deduct the amount paid for temporary or emergency veterinary services from the license fees and fines paid to the department of revenue. Prohibits the deducted amount from exceeding the amount set by the racing commission for temporary or emergency veterinary services.
APPROVED by Governor April 3, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1088 Notaries public - false advertising - notice of non-attorney status. Allows the secretary of state or the secretary of state's designee to deny the application of any person for appointment or reappointment as, or to revoke the commission of, any notary public if such notary public knowingly uses false or misleading advertising to represent a level of authority not permitted to a notary public.
Requires a notary public who is not licensed to practice law and who advertises his or her services in a language other than English to include a notice in English and also in the language of the advertisement advising the public that such notary public is not an attorney and cannot give legal advice and to post a list of fees for notarial services in English and also in the language of the advertisement at the notary public's place of business.
Prohibits a notary public who is not an attorney from representing or advertising himself or herself as an immigration consultant or an expert on immigration matters. Prohibits such notary public from providing any service that constitutes the unauthorized practice of law.
APPROVED by Governor March 21, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1089 Racing - simulcasting - approval by racing commission - requirements. Expands the definition of "class A track" to include a reopening class A track that has not run a meet within the past 3 years.
Allows a reopening class A track to operate as a simulcast facility after the Colorado racing commission (commission) has approved its application for simulcasting and its application for race dates to hold a race meet within the following 12 months.
Permits simulcasting at a class A horse track at which a licensee has held within the previous 12 months, or is scheduled to hold within the following 12 months, a race meet of at least the duration required of a class A horse track.
Authorizes the commission, for good cause, to permit a licensed class A track to receive simulcast races at an alternate location within 5 miles of its track during the times when the track is not in operation.
APPROVED by Governor May 24, 2002
EFFECTIVE July 1, 2002
H.B. 02-1090 Nurse aides - advisory committee to study medication administration - report. Creates an advisory committee to assist with a study of the administration of medications by certified nurse aides in long-term care facilities and through home health care agencies. Requires the committee to provide input to the department of regulatory agencies regarding the results of such study.
Directs the department of regulatory agencies, in its sunset review report regarding the certification of nurse aides, to include the benefits and risks associated with using nurse aides as medication aides; the effect of the use of medication aides on the level of patient care; the level of experience required in order to qualify to train as a medication aide; the extent and content of classroom training and education required to be a medication aide; the extent and limit to the scope of practice of a certified nurse aide who has completed training as a medication aide; and supervision requirements for medication aides.
APPROVED by Governor June 7, 2002
EFFECTIVE June 7, 2002
H.B. 02-1117 Acupuncturists - regulation - continuation under sunset law. Changes the registration of acupuncturists to the licensure of acupuncturists. Allows qualified acupuncturists from other jurisdictions to apply for licensure by endorsement. Grants rule-making authority to the director of the division of registrations to establish rules regarding licensure by endorsement.
Extends the automatic termination date of the regulation of persons who practice acupuncture to July 1, 2013, pursuant to the provisions of the sunset law.
APPROVED by Governor March 13, 2002
EFFECTIVE March 13, 2002
H.B. 02-1120 Massage parlors - licensing - continuation under sunset law. Clarifies that the licensing requirement pertaining to character is that the applicant or the applicant's employees, assistants, or financier should have good "moral" character. Removes the licensing requirement that the massage parlor applicant or the applicant's employees, assistants, or financier cannot have a bad reputation.
Extends the automatic termination date for the licensing of massage parlors to July 1, 2015, pursuant to the provisions of the sunset law.
APPROVED by Governor March 26, 2002
EFFECTIVE March 26, 2002
H.B. 02-1130 Real estate - appraisers - continuation of regulation under sunset law - confidentiality of disciplinary records - continuing education credits. Continues the board of real estate appraisers in the division of registrations in the department of regulatory agencies until July 1, 2013. Makes records that originated in a dismissed disciplinary proceeding and records from disciplinary proceedings that are still in progress confidential pursuant to the open records act. Prohibits the board from granting continuing education credits for attendance at the board's meetings.
APPROVED by Governor April 12, 2002
EFFECTIVE April 12, 2002
H.B. 02-1153 Credit reporting agencies - use of consumer's social security number - prohibition against furnishing records of inquiries not initiated by the consumer. Requires a credit reporting agency, when preparing a consumer report, to follow reasonable procedures to assure the accuracy of the information contained in a consumer credit report, including the use of the consumer's social security number if, in accordance with current law:
The consumer's social security number is provided to the agency by a person intending to use the consumer report in connection with a credit transaction involving the consumer; and
The consumer initially provided the social security number to the user in connection with the transaction.
Precludes credit reporting agencies from furnishing to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by the consumer. Clarifies that "credit or insurance transaction that is not initiated by the consumer" does not include inquiries resulting from the collection of an account or for purposes of reviewing an account.
APPROVED by Governor April 25, 2002
EFFECTIVE April 25, 2002
H.B. 02-1154 Limited gaming - retail gaming facilities - alcohol beverages - removal from licensed premises - prohibition. Prohibits an individual from removing an alcohol beverage from a licensed retail gaming facility where the liquor license for such facility allows only on-premises consumption of alcohol beverages.
Prohibits any retail gaming licensee who holds a license issued by the limited gaming commission to knowingly permit the removal of an alcohol beverage from a licensed premises that is licensed only for on-premises consumption of alcohol beverages. Prohibits charging any such licensee with permitting the removal of an alcohol beverage from the licensed premises if the licensee has either stationed personnel at each exit of the premises to stop such removal or posted a sign prohibiting such removal.
APPROVED by Governor March 26, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1229 Controlled substances - record-keeping functions - license fees - continuation of regulation of addiction programs under sunset law - appropriation. Transfers the licensing and record-keeping functions relating to the use of controlled substances by researchers, analytical laboratories, and addiction programs from the department of public health and environment to the department of human services.
Requires license fee revenue and other moneys received by the department of human services to be deposited into a newly created fund, the controlled substances program fund, rather than into the general fund of the state. Repeals the regulatory functions relating to researchers and analytical laboratories on July 1, 2002.
Extends the automatic termination date of the regulation of addiction programs to July 1, 2007, pursuant to the provisions of the sunset law.
Appropriates $500 from the controlled substances program fund to the department of human services, alcohol and drug abuse division, administration section, for the implementation of this act.
APPROVED by Governor May 28, 2002
EFFECTIVE May 28, 2002
H.B. 02-1230 Optometrists - continuation of state board under sunset law - scope of practice - applications - discipline. Extends the automatic termination date of the state board of optometric examiners in the division of registrations in the department of regulatory agencies until July 1, 2011, pursuant to the provisions of the sunset law.
Allows optometrists to use oral antiviral agents. Eliminates existing requirements for consultation with a physician in specified circumstances. Requires a valid prescription for the replacement of contact lenses. Modifies application and examination procedures. Specifies that licensees may request a hearing concerning disciplinary proceedings. Adjusts the disciplinary criteria by redefining unprofessional conduct as related to controlled substance and alcohol abuse and adding deferred sentence pleas to felony charges.
APPROVED by Governor March 21, 2002
EFFECTIVE July 1, 2002
H.B. 02-1250 Games of chance - state-supervised lottery - continuation of the lottery division under sunset law - investigations - audits. Allows investigators employed by the division to purchase lottery tickets for investigative purposes, but not to qualify for prizes. Requires the state auditor to conduct annual financial audits of the division and, once every 5 years, to conduct an extensive performance analysis and evaluation and report to the general assembly. Lists the factors and criteria for such evaluation and report.
Extends the automatic termination date of the lottery division in the department of revenue to July 1, 2024, pursuant to the provisions of the sunset law.
APPROVED by Governor May 6, 2002
EFFECTIVE May 6, 2002
H.B. 02-1278 Physicians - licensure - residents - internships - fellowships - appropriation. Creates physician training licenses for persons who are participating in an internship, residency, or fellowship. Defines what is an approved fellowship. Sets out the requirements for a physician training license and application process. Allows a person with a physician training license to be disciplined pursuant to existing grounds for unprofessional conduct for a physician.
Requires the board of medical examiners to inform a physician who supervises a physician training licensee or the internship, residency, or fellowship program of any written complaint concerning the licensee. Allows the board to release records to a supervising physician concerning a physician training licensee so long as the supervising physician does not disclose such records to any other person.
Appropriates $3,228 from the division of registrations cash fund to the department of regulatory agencies for implementation of this act.
APPROVED by Governor May 24, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1321 Bingo and raffles - regulation by secretary of state - games managers - progressive games - pull tab games - bingo-raffle advisory board - appropriation. Requires certification of games managers by the secretary of state (licensing authority). Prohibits a person from serving as a games manager for more than 3 bingo-raffle licensed organizations simultaneously. Allows the licensing authority to promulgate rules allowing a person to serve as a games manager for more than 3, but not more than 5, organizations within a specified period of time. Disqualifies any person who has been convicted of a felony or any offense involving gambling.
Includes within the definition of "licensee" the former holder of a license or certification for purposes of investigation of activities that took place during the period when the license or certification was effective.
Prohibits a landlord licensee from awarding a cash prize in any amount, or products or services having a value greater than $1,000, at premises where games of chance are conducted. Requires a landlord licensee to display or otherwise demonstrate ownership of all prizes offered, to award all such prizes within the same calendar quarter in which they were offered, and to file a written report to the licensing authority within 10 days after awarding a prize. Eliminates the licensing authority's jurisdiction over rental rates charged by landlord licensees.
Increases the regulatory powers of the licensing authority to allow suspension or revocation of a license for failure to file reports as required, to exclude individuals from premises where games of chance are conducted, and to challenge the legality of a newly instituted game or practice after the expiration of the 45-day period in which such game or practice is deemed approved. Limits transfers of proceeds derived from bingo and raffle activity among affiliated persons and entities. Requires licensees to submit to inspection by the licensing authority for the purpose of accounting for such proceeds.
Eliminates the existing bingo-raffle cash fund and transfers the remaining balance to the department of state cash fund. Requires the licensing authority to account to the general assembly for revenues and expenditures on a quarterly basis. Prohibits the sale of unauthorized games of chance or supplies for unauthorized games of chance.
Redefines "pull tab game" and defines a "deal" of pull tabs. Allows progressive bingo and progressive pull tab games using more than one deal and carrying over, from one bingo occasion to another, of prizes for one special bingo game in which the winner covers a previously designated pattern of squares within a specified number of attempts. Exempts such progressive and special games from the existing dollar limit on prizes while requiring at least 70% of the proceeds from such progressive and special games to be paid as prize money. Limits the maximum prize in a progressive pull tab game to $5,000.
Directs the licensing authority to promulgate rules to ensure that the licensee can pay its charitable gaming debts.
Where a violation of the "Bingo and Raffles Law" also constitutes a violation of the criminal code for which a greater penalty is specified, allows prosecution under the criminal code and imposition of the corresponding penalty.
Allows the bingo-raffle advisory board to meet 6 times a year rather than once per month.
Appropriates $8,731 and 0.1 FTE to the department of state and $584 to the department of law for implementation of the act. Transfers current-year appropriations from the bingo-raffle cash fund to the department of state cash fund upon closure of the bingo-raffle cash fund.
APPROVED by Governor June 7, 2002
EFFECTIVE August 7, 2002
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi
of this digest.
H.B. 02-1339 Alcohol sales - retail - temporary permits. Requires an applicant for a temporary permit, pending transfer of an alcohol license, to provide a copy to the state licensing authority of the statement confirming that all alcohol beverage accounts are paid. Clarifies that such statement is a public record.
APPROVED by Governor May 30, 2002
EFFECTIVE July 1, 2002
H.B. 02-1447 Board of nursing - direct care provider career path pilot program - appropriation. Creates a 3-year direct care provider career path pilot program ("pilot program"). Conditions the implementation of the pilot program on the approval of necessary federal waivers. Specifies that the pilot program shall be conducted in southwest Colorado.
Directs the state board of nursing ("board") in the division of registrations within the department of regulatory agencies to consult with interested stakeholders and to promulgate rules implementing the pilot program. Requires the board to establish and seek input from a direct care advisory committee ("advisory committee"), made up of interested stakeholders from southwest Colorado, in the development and implementation of the pilot program. Specifies that the rules for the pilot program shall provide for a 3-tier paraprofessional certification for persons performing the tasks of a nurse aide. Specifies that funding for certification under the pilot program shall be from federal medicaid and medicare programs. Identifies certain requirements and restrictions for each nurse aide career level that the rules of the board shall include.
Directs the board to approve education programs in southwest Colorado for education and training of persons participating in the pilot program. Specifies that the board shall coordinate the education and training efforts with the state board for community colleges and occupational education and the local work force investment boards. Directs the state board for community colleges and occupational education to coordinate the efforts of interested stakeholders to achieve the common goal of improved recruitment and retention of direct care paraprofessionals. Imposes a reporting requirement. Repeals the act, effective July 1, 2008.
Appropriates $1,667, which shall be from application fees, to the department of regulatory agencies, division of registrations, for the implementation of the act.
APPROVED by Governor June 1, 2002
EFFECTIVE July 1, 2002
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