S.B. 04-24 Division of registrations - letters of admonition - subpoenas - license renewal and reinstatement - immunity - oaths - fines. Makes consistent the issuance of letters of admonition, grants of immunity, renewal and reinstatement of licenses, investigation subpoenas, and the disposition of fines collected for the following regulated professions and occupations:
● Accountants;
● Architects;
● Audiologists and hearing aid providers;
● Barbers and cosmetologists;
● Boxing;
● Pharmaceuticals and pharmacists;
● Electricians;
● Engineers and surveyors;
● Acupuncturists;
● Podiatrists;
● Chiropractors;
● Dentists and dental hygienists;
● Physicians and physician assistants;
● Midwives;
● Nurses, nurse aides, and psychiatric technicians;
● Nursing home administrators;
● Optometrists;
● Physical therapists;
● Respiratory therapists;
● Psychologists, social workers, marriage and family therapists, and licensed professional counselors;
● Outfitters and guides;
● Plumbers; and
● Veterinarians.
Allows the licensee, registrant, or certificate holder to request a formal hearing 20 days after the mailing date of a letter of admonition. Specifies that if the licensee, registrant, or certificate holder requests such formal hearing, the letter of admonition shall be vacated.
Provides uniformity in immunity provisions related to civil actions for the examining or licensing board, commission, or the director of the division of registrations within the department of regulatory agencies (director) acting as the regulator for a profession. Further clarifies that staff, witnesses, and consultants to the regulating entity for actions taken in good faith and within official duties of the board, commission, or director have civil immunity. Specifies that a person filing a complaint, in good faith, against a licensee, registrant, or certificate holder is immune from civil and criminal liability related to such complaint.
Requires that renewals and reinstatements of licenses, registrations, and certificates be within a schedule determined by the director. Clarifies that a license, registration, or certificate shall be valid for a period of not less than one year and not more than 3 years, as determined by the director in consultation with the examining or licensing board or commission for the profession. Sets out provisions for a 60-day grace period for renewals without the risk of disciplinary action. Outlines provisions for reinstatement of licenses, registrations, and certificates.
Allows each examining or licensing board or commission, or the director as the regulator for a profession to administer oaths, take affirmations of witnesses, and issue subpoenas to compel the production of witnesses, documents, or things. Allows such examining or licensing board or commission or the director to petition the district court of competent jurisdiction to comply with such subpoenas.
Clarifies that all fines collected by an examining or licensing board or commission shall be transferred to the state treasurer to be credited to the state's general fund.
Repeals redundant provisions requiring that board officials take an oath.
Requires that budget requests for the division of registrations reflect the direct and indirect costs that are appropriated by the general assembly annually. Allows contractors for the division of registrations to retain payment for the costs of examination or other services rendered by the contractor. Allows the executive director of the department of regulatory agencies (executive director) to contract out functions of the division of registrations when the executive director determines that the division is without sufficient expertise, skill, or experience to perform such functions within the division. Allows the executive director to contract out services for the purposes of decreasing the annual appropriations to the division.
Applies to disciplinary proceedings, including, but not limited to, investigatory subpoenas issued pursuant to a disciplinary proceeding; fines; and renewal and reinstatement of any license, registration, or certification on or after the applicable effective date of the act.
Makes various provisions contingent on the passage of House Bill 04-1115, House Bill 04-1215, or House Bill 04-1102.
APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: (1) This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
(2) House Bill 04-1115 was signed by the Governor May 28, 2004. House Bill
04-1215 was signed by the Governor April 7, 2004. House Bill 04-1102 was signed by the
Governor May 21, 2004.
S.B. 04-44 Alcohol beverages - retail gaming tavern - hotel and restaurant. Authorizes the owner of a retail gaming tavern to own an interest in a hotel and restaurant establishment licensed to sell alcohol beverages.
APPROVED by Governor April 1, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-45 Boxing - state boxing commission - toughperson fighting prohibited. Defines toughperson fighting. Prohibits toughperson fighting in Colorado. Prohibits promoting, advertising, conducting, competing in, or participating in toughperson fighting. Makes toughperson fighting a class 1 misdemeanor. Makes permitting or authorizing toughperson fighting in a retail liquor establishment a violation of the liquor code.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
S.B. 04-51 Physicians - temporary licensure. Extends the length of time for which a physician from another country may receive a temporary license from 2 years to 5 years.
Applies to applications for temporary licensure or renewal of a temporary license on or after April 8, 2004.
APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004
S.B. 04-71 Fireworks - definitions - division of fire safety - enforcement of open fire bans. Amends the definition of "permissible fireworks" to incorporate the appropriate federal code of regulations citation. Expands the definition of what is not a firework to items that contain 16 milligrams or less of pyrotechnic composition per item and snappers that do not contain more than one milligram of explosive composition per item. Adds to the definitions of "cylindrical fountains", "cone fountains", "wheels", and "illuminating torches" provisions for multiple-tube pyrotechnic composition amounts. Limits "explosive auto alarms", "toy propellant devices", "cigarette loads", "strike-on-box matches", and other trick noise makers to 50 milligrams of explosive composition. Limits "snake or glow worm" pellets to 2 grams of pyrotechnic composition. Adds "multiple tube device" as a permissible firework. Excludes aerial devices and audible ground devices, including firecrackers, from permissible fireworks.
Limits the amount of permit fees a governing body may assess for permissible fireworks and retail sales of fireworks to the amount that is reasonable and necessary to cover the direct and indirect costs associated with granting an application and enforcement.
Clarifies that it is the division of fire safety within the department of public safety that licenses retailers, display retailers, wholesalers, and exporters of fireworks. Specifies that fees collected from these licenses are collected by the director of the division of public safety and that such moneys are to be used for the administration of the regulation of fireworks.
Specifies what is competent evidence for the purposes of prohibiting fireworks during open fire bans.
APPROVED by Governor June 4, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-93 Alcohol beverages - responsible vendors - violation - mitigation. Enacts the "Responsible Alcohol Beverage Vendor Act". Defines a responsible alcohol beverage vendor as a vendor that complies with the server and seller training program established by the director of the liquor enforcement division of the department of revenue. Instructs the director to set standards for such program.
When penalizing a vendor whose employees have served a minor during an underage compliance check, makes being a responsible vendor a mitigating factor.
APPROVED by Governor April 20, 2004
EFFECTIVE July 1, 2004
S.B. 04-109 Pawnbrokers - regulation of contracts - records. Changes the period during which a pawnbroker's contract for purchase may be in effect from a maximum of 90 days to a minimum of 30 days. Defines a "fixed price" to cancel a contract for purchase as 1/5 of the original purchase price per month plus the original purchase price. Changes the period of a "fixed time" from a maximum of 90 days to a minimum of 30 days. Prohibits local licensing authorities from enacting regulations that are more restrictive than the statute with regard to fixed price or fixed time. Allows pawnbrokers to keep customer transaction information in an electronic record and prohibits state and local governments from enacting fees or taxes related to the use of this information.
APPROVED by Governor April 8, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-127 Notaries public - advertisements for services - unauthorized practice of law - prohibited conduct. On and after July 1, 2004, makes certain knowing and willful conduct of notaries public a deceptive trade practice and official misconduct, subject to the civil penalties for deceptive trade practices and the criminal penalties for official misconduct. Includes among such prohibited practices the offer to represent another person in an immigration proceeding or the use of the words "notario publico" in an advertisement.
APPROVED by Governor March 23, 2004
EFFECTIVE July 1, 2004
S.B. 04-128 Motor vehicle salespersons - license administration. Changes where motor vehicle salesperson licenses are mailed from the salesperson's home address to the salesperson's business address. Clarifies that a person who leases motor vehicles needs to be licensed as a motor vehicle dealer, salesperson, or wholesaler.
APPROVED by Governor March 23, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-237 Alcohol beverages - racetracks - hotels, restaurant, and taverns. Authorizes an alcohol beverage racetrack licensee to own a hotel and restaurant or tavern license.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-246 Pharmacists - limitation on number of pharmacy personnel a pharmacist may supervise. Changes the number of pharmacy interns and pharmacy technicians a pharmacist may supervise from 2 to 3, of whom no more than 2 may be pharmacy interns. If 3 pharmacy technicians are on duty, requires at least one to be certified by a nationally recognized certification board, possess a degree from an accredited pharmacy training program, or have completed 500 hours of experiential training at the pharmacy accredited by the pharmacist manager.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
S.B. 04-254 Alcohol beverages - special events - wine festivals - limited wineries. Clarifies that a special event permit may be issued on the premises of a wine festival permittee or a limited winery licensee. Authorizes joint fines for alcohol violations, not to exceed $25 per licensee or $200 total.
APPROVED by Governor May 25, 2004
EFFECTIVE May 25, 2004
H.B. 04-1050 Cemetery - unauthorized changes - burial memorial - inscription. Prohibits any person other than the owner of a burial memorial or person authorized by the owner of the burial memorial from changing the inscription on the burial memorial. Requires a cemetery authority to give written notice to a purchaser or a grace space, niche, or crypt as to who is the owner of a burial memorial. Clarifies that unauthorized changes to a burial memorial is guilty of the crime of defacing property.
APPROVED by Governor April 5, 2004
EFFECTIVE April 5, 2004
H.B. 04-1053 Motor vehicle salespersons - grounds for license denial, suspension, or revocation - failure to notify consumer regarding financing outcome. Allows denial, suspension, or revocation of the license of a motor vehicle dealer, wholesale auction dealer, wholesaler, buyer agent, or used motor vehicle dealer if the licensee fails to give timely notice as determined by the motor vehicle dealer board to a prospective buyer regarding the acceptance or rejection of a motor vehicle purchase order agreement when the licensee is working with the prospective buyer on a finance sale or a consignment sale.
APPROVED by Governor March 9, 2004
EFFECTIVE March 9, 2004
H.B. 04-1102 Dentists - dental hygienists - recreation of regulation - examinations - panels of the board - disciplinary actions - professional review committees. Recreates the state board of dental examiners (board) and its regulation of dentists and dental hygienists. Continues the board's authority until 2014. Reorganizes provisions within the "Dental Practice Law of Colorado" for clarity and ease of usage.
Amends the definition of dentistry to conform with the American dental association's definition. Clarifies the practice of dentistry. Defines "accredited".
Increases the membership of the board, on and after January 1, 2005, by 3 members, of whom 2 are dentists and one is a dental hygienist. Limits a member of the board to serving 2 consecutive 4-year terms. Redesigns the disciplinary procedures of the board. Eliminates the position of secretary to the board. Requires the board to meet at least quarterly. Clarifies the requirements for members of the board. Creates a 2-panel system to address disciplinary investigations or actions of the board. Outlines procedures for the 2 panels. Allows for subcommittees of the board to perform licensing functions.
Requires dentists and dental hygienists from other states to participate in an accredited research or educational program. Allows the board to recognize dental specialties defined by the American dental association. Exempts foreign-trained dentists who are teaching in an accredited dental school offering a doctorate of dental surgery or doctorate of dental medicine from licensure requirements and clarifies the licensure requirements for these dentists. Allows the board to issue letters of admonition. Allows the board to issue subpoenas to obtain all documents relevant to a hearing or inquiry.
Clarifies the licensure application process and requirements for licensure of dentists and dental hygienists. Requires that the examination for the knowledge portion of the licensure requirements be completed through a mail-in jurisprudence examination. Clarifies the grounds for discipline related to the prescription of habit-forming drugs or alcohol, engaging in sexual activities with a patient, and failure to maintain financial responsibility for potential liability due to malpractice.
Requires the board to accept results of an examination administered by a regional testing body. Requires applicants who have not graduated from an accredited educational institution within the past 12 months, and who have not engaged in an active clinical practice for 12 months immediately preceding the license application, to demonstrate to the board professional ability and knowledge before a license may be granted.
Requires the professional review committee to notify the board of actions that may constitute violations of the Dental Practice Act. Allows for an audit of the records of a professional review committee by the board or its designee.
Prohibits a person whose license is revoked from obtaining a license for at least 2 years. Extends immunity from civil or criminal liability for activities related to reviewing or supervising a licensee by an office inspector or practice monitor.
Increases the fee paid to the dentist peer health assistance fund.
Applies to licenses and registrations related to the practice of dentistry issued or renewed on or after May 21, 2004.
APPROVED by Governor May 21, 2004
EFFECTIVE May 21, 2004
H.B. 04-1112 Licensing - money transmitters - continuation of the Money Order Act under sunset law. Continues the "Money Order Act" until July 1, 2013, and renames the act as the "Money Transmitters Act".
Replaces the yearly examination of books with risk-based criteria for persons who are licensed to exchange or transmit money. Requires licensees to post public notices that customers may complain of illegal acts to the division of banking. Extends from 30 to 90 days the deadline for obtaining a surety bond. Extends from 120 to 150 days the deadline for filing annual financial statements. Increases from $25 to $250 the fines for late filings. Requires licensees to submit to the division of banking a copy of the independent auditor's engagement and management letters.
Clarifies that the banking board has the same powers and duties concerning violations of the "Money Transmitters Act" as it does concerning the "Colorado Banking Code". Authorizes the banking board to seek an injunction to stop an unlicensed person from selling or issuing money orders or other exchange. Imposes civil penalties not to exceed $100,000 for disobeying such injunction. Clarifies that, under state law, a licensee must comply with federal money laundering laws.
Requires an applicant to submit fingerprints of its principal owners and officers. Instructs the banking board and Colorado bureau of investigation to run a criminal history check on such persons. Denies an applicant a license if the applicant fraudulently applies for a license, willfully fails to comply with the "Colorado Banking Code", was convicted of a crime involving a breach of fiduciary duty or fraud, or is subject to an injunction for violating a state or federal law regulating the money services business.
APPROVED by Governor April 21, 2004
EFFECTIVE April 21, 2004
H.B. 04-1115 Professional engineers and professional land surveyors - continuation of state board of registration for professional engineers and professional land surveyors under sunset law. Changes the name of the state board of registration for professional engineers and professional land surveyors to the state board of licensure for professional engineers and professional land surveyors (board). Deletes the requirement that one member of the board be licensed both as an engineer and a surveyor and instead requires only that such member be licensed as a surveyor. Standardizes the regulation of the 2 professions.
Expands the definition of the practice of engineering to include holding oneself out as a licensed professional engineer and performing engineering services. Expands the definition of professional land surveying to include the preparation of property descriptions and surveying to establish basic control for engineering projects.
Increases the board's fining authority to $5,000 for each offense. Authorizes the board to issue letters of concern. Authorizes engineers' and surveyors' use of electronic seals. Requires surveyors to describe the physical evidence used to establish or restore a public land survey monument or aliquot corner. Requires surveyors to file with the board monuments that are set or accepted unless such monuments have been recorded within the previous 20 years. Adjusts engineers' and surveyors' licensing requirements.
Extends the automatic termination of the state board of registration for professional engineers and professional land surveyors to July 1, 2013, pursuant to the provisions of the sunset law.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
H.B. 04-1127 Nurses - title protection. Restricts persons who are not licensed as registered professional nurses or licensed practical nurses from using the title of "nurse", "registered nurse", or "licensed practical nurse" or the abbreviations for such titles. Allows a person who provides nonmedical support services to use the title "Christian Science nurse" when providing such services to a member of his or her religious organization.
APPROVED by Governor May 12, 2004
EFFECTIVE May 12, 2004
H.B. 04-1214 Licensing - river outfitters - continuation under sunset law. Extends the automatic termination date of the licensing of river outfitters until October 1, 2010, pursuant to the provisions of the sunset law.
APPROVED by Governor April 6, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1215 Wildlife outfitters - registrations - continuation of regulation of outfitters under sunset law. Effective July 1, 2004, requires a business entity that registers as an outfitter to give the division of registrations (division) a list of officers, directors, members, partners, owners of 10% or more of the entity, and other persons who have managing or controlling authority in the entity. Requires such entity to designate an individual as an agent and responsible party and to notify the division within 10 days if such individual changes. Authorizes the director of the division to deny a registration if:
● The applicant is a person who was listed by another entity and the entity was subject to discipline;
● An entity lists a person who was listed by another entity and the former entity was subject to discipline; or
● An entity lists a person who was previously subject to discipline.
Decreases from $300 to $100 the minimum fine for administrative violations. Imposes a fine of $1,000 to $5,000 per violation for providing outfitting services without registering with the division. Authorizes the suspension of an outfitter's registration if the outfitter has multiple convictions for criminal trespass. Changes the definition of a controlled substance to match the definition in the "Colorado Criminal Code". Removes the requirement that the use of a controlled substance present a danger to clients in order to constitute grounds for discipline. Makes dependence on such substances grounds for discipline.
Changes the deadline for appealing a letter of admonition to 30 days after the date of mailing, rather than 20 days after the date of proven receipt.
Effective January 1, 2005, directs the division and the division of wildlife to provide a notice with hunting and fishing licenses stating that it is illegal to provide outfitting services without registering as an outfitter.
Clarifies that a property owner who merely authorizes a person to take wildlife on the property owner's property is not an outfitter.
Changes the definition of guide from an employee who guides, leads, or assists another's travel to an employee or contractor that accompanies an outfitter's clients for the purpose of hunting wildlife.
Extends the automatic termination date for the regulation of outfitters to July 1, 2014, pursuant to the provisions of the sunset law.
APPROVED by Governor April 7, 2004
PORTIONS EFFECTIVE July 1, 2004
PORTIONS EFFECTIVE January 1, 2005
H.B. 04-1240 Bail bond agents - insurance producer with bail bonding agent authority appointment - termination - advisory committee - licensing - bonding agreements - prohibited activities - liability of bond obligors - rate filing - continuation of regulation of bail bonding agents under sunset law. Requires an insurance producer with bail bonding agent authority to have a contract with an insurer before the producer can claim to be an agent of the insurer. Requires an insurer to inform the insurance commissioner (commissioner) of each producer bail bonding agent appointment and termination. Requires renewal fees to be paid on October 1 of the renewal year.
Requires the commissioner to notify each bail bonding agent about changes to the state laws regarding bail bonding agents. Requires a person who wishes to be a bail bonding agent to notify the commissioner whether he or she has entered a guilty plea to a felony or accepted a plea of nolo contendere to a felony.
Creates an advisory committee to the division of insurance (division) to render advisory opinions regarding bail bond issues until July 1, 2013.
Requires each bail bonding agent to provide a report to the division in a form and manner as required by the division. Requires the division to deny, suspend, revoke, or refuse to renew a bail bond license if the agent knowingly failed to comply with or knowingly violated any provisions of the bail bond laws if the agent knew or reasonably should have known the laws or has plead guilty or nolo contendere to a felony.
Requires all bonding agreements to be signed by the defendant or third-party indemnitor. Requires each agent to have a third-party agent or his or her own office for the purpose of service of process. Requires each agent to keep current records at the place of business or with the third-party agent. Requires each agent to provide a receipt when accepting money or any other consideration. Allows the commissioner to examine the business practices, books, and records of an agent.
Changes the maximum fee an agent may charge from $20 to $50. Requires bail bonding agents to provide disclosure statements to each indemnitor. Clarifies that penalty provisions in article 7 are in addition to any other applicable penalties. Allows a bail bonding agent to use collateral to secure different obligations.
Requires a court to set aside a bond forfeiture if a surety provides proof prior to the entry of judgment that the defendant is in custody in any jurisdiction within the state. Requires a forfeiture to be vacated if a surety provides proof that the defendant is in cusotdy in any jurisdiction within the state within 90 days after the entry of judgment. Requires a surety to bear the costs of extradition of a defendant up to the amount of the bond. If a court elects to extradite a defendant, requires forfeiture to be stayed until the defendant appears in court.
Requires bail bonding agents to file a schedule of premium rates charged and changes with the division. Defines "costs associated with extradition" as the round-trip mileage between the Colorado court of jurisdiction and the location of the defendant's incarceration.
Extends the automatic termination date for the licensing of bail bonding agents by the division of insurance until July 1, 2013.
APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2004
H.B. 04-1248 Cigarette wholesalers - tobacco product distributors - license requirements - fines. Requires cigarette wholesalers and distributors to record the identity of purchasers of cigarette products for resale and to keep such records for 12 months. Directs the department of revenue (department) to prescribe by rule the form of the information. Establishes fines for violations. Prohibits the department from issuing or renewing the license of a cigarette wholesaler or distributor of tobacco products if the wholesaler or distributor owes any delinquent taxes or interest unless there is an agreement in place with the department to pay the amount due. Requires the department to revoke a license if taxes or interest are determined to be due and unpaid. Requires the state auditor to determine the department's compliance with federal requirements regarding a state enforcement program designed to reduce the amount of tobacco products sold to minors in an audit to be completed by July 1, 2007.
APPROVED by Governor April 5, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1251 Department of regulatory agencies - division of registrations - mental health professionals - continuation of regulation - sunset of mental health boards. Continues the boards of psychologist examiners, social work examiners, marriage and family therapists, and licensed professional counselor examiners, the state grievance board, and the department of regulatory agency's licensing and disciplinary functions relating to the addiction counselors programs until 2011.
Eliminates the requirement for periodic joint meetings and allows the boards to conduct meetings by electronic means. Requires all meetings to be open to the public except when the harm to a complainant or other recipient of services outweighs the public interest in observing the proceedings or when a mental health professional is participating in good faith in an addiction program. Repeals the requirement that members of the mental health boards take an oath.
Repeals the requirement that the fees for each board remain uniform. Exempts certain mental health professionals from the requirement to disclose information during the initial contact with a client.
Clarifies that the exemption from regulation for mental health professionals only applies to court-appointed mental health professionals working within the scope of the appointment. Clarifies that the regulation of mental health professionals does not apply to a professional coach who has had coach-specific training and who serves clients exclusively as a coach.
Changes the grounds for discipline from "addicted to or dependent on alcohol or any habit-forming drug" to habitual or excessive use or abuse of alcohol or drugs. Increases the length of time that sexual contact with a client is prohibited from 6 months to 2 years after the professional relationship has ended.
Requires mental health professionals to pass one written examination for licensure and one written mail-in jurisprudence examination. Requires the board to register psychologist candidates. Clarifies that a psychologist candidate is not required to register with the database of unlicensed psychotherapists. Grants jurisdiction over psychologist candidates to the state board of psychologist examiners.
Repeals the direct regulation of registered social workers and licensed independent social workers by the board of social work examiners. Attaches the title protection for social worker to the attainment of a bachelor's or master's degree in social work from a social work education program accredited by the council on social work education, or a doctoral degree in social work from a doctoral program within a social work education program accredited by the council on social work education. Includes in the definition of the practice of professional social work consultation, supervision, and teaching in higher education.
Exempts licensed addiction counselors from being compelled to testify in court without the consent of the client. Allows licensed addiction counselors to place a person under a 72-hour mental health hold.
APPROVED by Governor May 21, 2004
EFFECTIVE July 1, 2004
H.B. 04-1300 Notary public - regulation - appropriation. Repeals the existing requirement that a notary public be an elector, replacing it with a requirement that a notary be a resident who is at least 18 years of age. Prohibits people who have been convicted within the previous 5 years of a misdemeanor that involves dishonesty from being a notary public. Changes from 7 years to permanent the revocation period for a notary's commission.
Requires a notary public who electronically notarizes an electronic document to use an authorization number supplied by the secretary of state. Requires the secretary of state to accept electronic applications to become a notary public as soon as possible. Requires notaries that are otherwise required to use a journal to record such authentication number in the journal. Authorizes and caps a fee a notary may charge for electronic notarization.
Exempts documents affecting title to real property that are signed by a public trustee, county treasurer, county sheriff, or a deputy from the notarization requirements.
Appropriates $47,746 to the department of state for implementation of the act.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
H.B. 04-1306 Motor vehicle dealers - licensing - fees - renewal. Authorizes a motor vehicle salesperson to transfer a license to another dealer upon paying a fee. Repeals a provision that refunds half of an applicant's fees if the application is denied. Gives a licensee a 30-day grace period to renew a license upon paying a late fee.
APPROVED by Governor April 7, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1308 Pharmacy board - records to be maintained. Makes legislative findings. Requires a wholesale prescription drug distributor to obtain and maintain a record of the inventories and records of all transactions regarding the receipt and distribution of prescription drugs. Requires specific information to be maintained for 2 years. Requires distributors to maintain these records for prescription drugs distributed on and after July 1, 2004.
APPROVED by Governor April 13, 2004
EFFECTIVE July 1, 2004
H.B. 04-1357 Alcohol beverages - wineries - restaurants. Creates a new vintner's restaurant license for the sale of alcohol beverages that authorizes a licensee to manufacture up to 250,000 gallons of wine and sell it to wholesalers or to the public at a restaurant. Also authorizes a vintner's restaurant licensee to sell other alcohol beverages for consumption on the premises. Requires alcohol beverages that are sold on the premises and not manufactured on the premises to be purchased from a wholesaler. Requires at least 15% of a vintner's restaurant's sales to be food.
Prohibits a person who owns a vintner's restaurant to own other alcohol beverages licenses. Allows a person with an interest in a vintner's restaurant license to own in whole or in part or have an interest in another vintner's restaurant, a brew pub, or a hotel and restaurant license; an arts license; an airline public transportation system license; or certain financial institutions.
Clarifies that a vintner's restaurant shall pay the same excise taxes that other wineries are required to pay. Imposes a state license fee of $325 and a local license fee of $500. Authorizes a vintner's restaurant to sell alcohol beverages on Sunday between 8 a.m. and 12 midnight.
APPROVED by Governor May 12, 2004
EFFECTIVE May 12, 2004
H.B. 04-1406 Physicians - physician assistant - electronic posting of medical malpractice judgments. Requires the state board of medical examiners to electronically post information concerning final judgments in court cases alleging malpractice or professional negligence against a physician or a physician assistant and the physician or physician assistant is found negligent.
APPROVED by Governor May 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
|
||||
|
|
||||
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.