The act requires a public school or school district to allow a qualified student to wear and display traditional Native American regalia at a school graduation ceremony and applies to pre-kindergarten, kindergarten, primary school, and secondary school graduation ceremonies. The act requires public colleges and universities to allow a qualified student to wear and display traditional Native American regalia at a college graduation ceremony. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, a mental health professional must be licensed by the department of education (department) in order to work in a school. The act authorizes a school or school district, the state charter school institute, a board of cooperative services that operates a school, or the division of youth services to employ school-based therapists who are not licensed by the department but hold a Colorado license for their profession to work in coordination with licensed special service providers to coordinate mental health supports for students. Before being employed, the school-based therapists must satisfy certain requirements for nonlicensed school employees, including a fingerprint-based criminal background check. Any school-based therapists may be supervised by a mentor special services provider or a licensed administrator. If an eligible school-based therapist provides services to a student related to the student's individualized education program, the eligible school-based therapist must have qualifications consistent with the student's individualized education program. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
The act allows a health-care provider to prescribe, dispense, or administer a schedule II, III, IV, or V controlled substance (drug) to a patient in the course of treatment for a diagnosed condition that causes chronic pain. The act also clarifies that the prescribing health-care provider is not subject to disciplinary action by the appropriate regulator for prescribing a dosage of a drug that is equal to or more than a morphine milligram equivalent dosage recommendation or threshold specified in state or federal opioid prescribing guidelines or policies. The act prevents a health-care provider from being required to taper a patient's medication dosage solely to meet a predetermined dosage recommendation or threshold if the patient is stable, compliant with treatment, and not experiencing serious harm. The act also prohibits a pharmacy, health insurance carrier, or pharmacy benefit manager from having a policy in place that requires a pharmacist to refuse to fill a prescription for an opiate issued by a health-care provider solely because the prescription is for an opiate or because the prescription order exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold. The act also prohibits a health-care practice or clinic from having a policy in place that requires a health-care provider to refuse to prescribe, administer, or dispense a prescription for an opiate solely because the prescription order exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
Current law requires an operator of a motorboat in the state to be at least 16 years of age but allows an individual who is at least 14 years of age and who has completed a motorboat safety course to operate a motorboat in the state. The act increases this age requirement to require all individuals under 18 years of age to take a boating safety course and to have a certificate of completion from that course in the individual's possession or in an accessible place in order to operate a motorboat. The act provides an exception to the age requirement for the operation of motorboats on bodies of water located on private property. APPROVED by Governor May 4, 2023 EFFECTIVE June 1, 2024 (Note: This summary applies to this bill as enacted.)
Except in certain circumstances, the act requires a landlord to accept from a prospective tenant a portable tenant screening report (screening report). A landlord may require that the screening report was prepared by a consumer reporting agency (reporting agency) within the previous 30 days, at the prospective tenant's request and expense, and made directly available to the landlord by the agency. The act specifies information that must be included in a screening report, including verification of employment and income, rental and credit history, and criminal history. If a prospective tenant provides a screening report, the landlord shall not charge the prospective tenant either an application fee or a fee for the landlord to access or use the screening report. Prior to collecting any tenant information that would generate an application fee, a landlord shall advise a prospective tenant that the landlord accepts screening reports and is prohibited from charging an application fee or other fee to a prospective tenant who provides a screening report. A landlord is not required to accept a screening report or to provide the advisements required in the act if the landlord does not accept more than one application fee at a time for a dwelling unit or, if a dwelling unit is rented to more than one occupant, does not accept more than one application fee at a time for each prospective tenant or tenant group for the dwelling unit, and if the landlord refunds the total amount of the application fee to each prospective tenant within 20 calendar days after written communication from the prospective tenant or the landlord declining to enter into a lease. If a prospective tenant submits a rental application that results in a landlord obtaining a consumer report relating to the prospective tenant, the landlord shall also provide a copy of the consumer report to the prospective tenant and advise the prospective tenant of the tenant's right to dispute the accuracy of the consumer report with the reporting agency. A landlord that violates the provisions of the act is liable for $2,500, plus court costs and attorney fees, but if the landlord cures the violation within 7 calendar days after receiving notice of the violation, the landlord is to pay the prospective tenant a penalty of $50 and is otherwise not liable for damages. The act authorizes the attorney general to independently initiate and bring an action to enforce the "Rental Application Fairness Act". APPROVED by Governor May 4, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act: Amends the practice of a pharmacy technician to include performing point-of-care testing and patient care technical tasks as specifically trained for and delegated by a supervising pharmacist; Requires the majority of pharmacy technicians to be fully certified by the state board of pharmacy when 3 or more pharmacy technicians are on duty; and Changes the supervision ratio for pharmacists to include supervising up to 8, rather than only 6, pharmacy technicians when the pharmacy, other than a pharmacy located in a hospital, is a central fill pharmacy that is not a public-facing pharmacy and is acting as an agent of an originating pharmacy to fill or refill a prescription. The act authorizes reimbursement under the medical assistance program for dispensing or administering vaccines to children under 19 years of age. To be eligible to receive reimbursement, the pharmacy or pharmacist must be enrolled in good standing with the federal centers for disease control and prevention vaccines for children program administered by the department of public health and environment (department). Until the department determines a framework for participation by pharmacies or pharmacists, the department is not required to enroll pharmacies receiving reimbursement for the administration of vaccines through the medical assistance program as vaccines for children providers. APPROVED by Governor May 4, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Currently, the state and several state enterprises impose fees on retail sales of taxable tangible personal property delivered by motor vehicle to a location in the state. These fees are collectively known as the retail delivery fee (RDF), and a retailer who makes a retail delivery is required to add the RDF to the price of the retail delivery, collect it from the purchaser, and pay the RDF revenue to the department of revenue (department), which distributes the revenue to the appropriate cash funds. The department generally administers the RDF in the same manner as the state sales and use tax. The act modifies this administration by permitting a retailer to pay the RDF on behalf of the purchaser. If the retailer elects to pay the RDF, then the retailer is: Not required to add the RDF to the price of the retail delivery, separately itemize the RDF, or collect the RDF from the purchaser, who is not liable or the amount nor eligible for a refund of an erroneously paid RDF; and Required to remit the RDF on the date that would be required if the RDF had been received from the purchaser on the date of the retail delivery. The department is required to waive any processing costs for a retailer's electronic payment by automated clearing house (ACH) debit of the RDF if the charges would exceed the amount of the RDF revenue being remitted. The act creates an exemption from the RDF for a retail delivery by a qualified business, which is a business that has $500,000 or less of retail sales in the prior year or is new, that applies retroactively to when RDFs were first imposed. A purchaser is not eligible for a refund of any RDF that is collected and remitted to the department by a qualified business prior to the effective date of the act. The act also creates a primary definition for "retail delivery" that is cross-referenced in other RDF provisions, and related to this change, a definition of "retail sale" is repealed where the cross reference makes it unnecessary. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
The act: Caps the rate of interest on medical debt at 3% per annum; Defines "medical debt", for purposes of a statutory cap on interest rates and fair debt collection practices, to include medical debt arising from the receipt of health-care services or medical products or devices, excluding debt charged to a credit card; Upon the consumer's written request, requires a debt collector or collection agency collecting on medical debt to cease collection on the medical debt until the debt collector or collection agency provides to the consumer an itemized statement concerning the medical debt and allows the consumer to dispute the validity of the medical debt; Establishes requirements relating to payment plans for medical debt, including written documentation of the payment plan between the consumer and the debt collector or debt collection agency; notice to the consumer if the payment plan will be accelerated or declared in default or inoperative due to nonpayment; and the opportunity to renegotiate the payment plan; Prohibits a debt collector or collection agency, during an internal or external review or other appeal of a health insurance decision, from collecting on the medical debt, reporting the medical debt to a consumer reporting agency, or selling the medical debt to a debt buyer; Requires a creditor, debt collector, or collection agency that files a legal action to collect medical debt to include the identity of the original creditor, an itemization of the charges and, prior to the entry of a default judgment against the creditor, provide evidence of the medical debt; Makes it a deceptive trade practice to violate provisions relating to billing practices, surprise billing, and balance billing laws; and Requires a health-care provider or health-care facility to provide, upon request of a prospective patient, an estimate of the total cost of a health-care service (service) to a person who intends to self-pay for the service (self-pay estimate). The act includes requirements for the self-pay estimate and caps the amount by which the final, total cost of the service may exceed the self-pay estimate to the lesser of 15% of the self-pay estimate or $400, with exceptions for emergency or unforeseen, medically necessary services required during the service. The act makes it a deceptive trade practice to violate provisions relating to the self-pay estimate. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies in its sunset review and report on the state noxious weed advisory committee. The act continues the noxious weed advisory committee until September 1, 2034. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
For the fiscal year beginning July 1, 2023, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions. The grand total for the operating budget is set at $40,533,777,133. The general funds portion of the appropriation is set at $11,207,009,905; the general fund exempt portion is set at $3,489,095,143; the cash funds portion is set at $10,504,822,476; the reappropriated funds portion is set at $2,603,239,303; and federal funds portion is set at $12,729,610,306. The grand total for the state fiscal year beginning July 1, 2023, for capital construction projects is set at $471,149,105. The capital construction fund portion is set at $256,358,189; the cash funds portion is set at $212,411,819; and the federal funds portion is set at $2,379,097. The grand total for the state fiscal year beginning July 1, 2023, for information technology projects is set at $124,261,834. The capital construction fund portion is set at $64,890,922; the cash funds portion is set at $8,184,071; the reappropriated funds portion is set at $996,386; and the federal funds portion is set at $50,190,455. The 2022 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the judicial department and the departments of corrections, early childhood, education, health care policy and financing, higher education, human services, judicial department, nd public health and environment. Appropriations were made in several bills during the 2022 legislative session as further amended to extend the appropriation for unexpended amounts to the 2023-24 fiscal year. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
For purposes of complying with requirements of the "Federal Unemployment Tax Act", the act reduces employer premium rates by 10% across all rates in the standard premium rate schedule. Additionally, the act creates a schedule for the support surcharge rate (schedule), which is used to establish contributions to the employment support fund, the employment and training technology fund, and the benefit recovery fund. The new schedule uses the same methodology as is used in calculating an employer's percent of excess, which is the percentage resulting from the calculation of an employer's excess of premiums paid over benefits charged, divided by the average chargeable payroll. The act changes the cap on the amount of money in the employment support fund at the end of any state fiscal year from an amount calculated based on a portion of the employer premium plus $17 million to a total of $32.5 million for the next state fiscal year, which amount is adjusted annually based on changes in average weekly earnings. The act expands the authorized use of money in the Title XII repayment fund to allow the division of unemployment insurance (division) in the department of labor and employment to use the money for costs associated with bonds or notes issued by the division, including interest on the bonds or notes, to the extent permitted by federal law. The act eliminates the requirement for employers to submit premium reports to the division and instead requires employers to submit wage reports. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
The act transfers responsibility for regulating recovery residences from the department of public health and environment to the department of health and human services. Upon admission of a client to a recovery residence, the recovery residence must obtain a signed program agreement from the client regarding the requirements the client must meet to reside at the recovery residence. The residence must also create a relapse plan that must be implemented if the client returns to the use of alcohol or drugs. The act requires a recovery residence to implement a client discharge and transfer policy to discharge or transfer a client from a recovery residence in certain circumstances. The policy must be approved by the recovery residence's certifying body before a discharge or transfer may occur. A recovery residence may discharge or transfer a client with 24-hours' notice in certain circumstances and immediately discharge or transfer a client if the client is found in possession of alcohol or drugs. The act requires that prior to discharging a client from a recovery residence, the recovery residence shall provide the client with referrals to treatment or support services, alternative housing options, and recommendations for follow-up care. A recovery residence shall make its code of conduct, drug screening policy, and discharge and transfer policy accessible in all common areas of the residence and may not discriminate based on age, gender, race, or any other basis prohibited by law when determining whether to discharge or transfer a client. The act requires the certifying body to establish a grievance and appeal process for clients to use when they believe they have been wrongfully discharged or transferred from a recovery residence. The act allows a certified recovery residence or client that is adversely affected or aggrieved by a decision made by the certifying body to appeal the decision to the Colorado department of personnel and administration, office of administrative courts. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
