The office of information technology (office) is required to initiate the procurement of information technology (IT) resources and is required to participate in other IT procurement-related activities on behalf of a state agency; except that a state agency may initiate solicitations and contracts for IT resources with prior approval of the procurement official of the office. If a state agency does not receive written approval or disapproval from the procurement official for the office within 30 business days after submitting a procurement request to the office for review, the state agency may assume that it has received the prior approval of the office and is authorized to initiate the procurement or solicitation process. The balance of the existing technology risk prevention and response fund (fund) is capped at $50 million. The office may contribute money to the fund from the operations and maintenance fees associated with the billing practices of the office. Any money appropriated from the general fund to the office or a state agency for the procurement of IT resources or projects that is unexpended or unencumbered at the end of a fiscal year as a result of savings achieved in connection with such procurement must be transferred to the fund. A contract for the licensing of software applications that are designed to run on generally available desktop or server hardware cannot limit a governmental body's ability to install or run the software on the hardware of the governmental body's choosing. (Note: This summary applies to this bill as enacted.)
Under current law, a defendant may be awarded reasonable attorney fees in tort actions if a case is dismissed on a motion of the defendant prior to trial. The act states that a defendant may not be awarded reasonable attorney fees in cases dismissed prior to trial in which the plaintiff brought non-frivolous claims in order to challenge precedent or for a similar reason. (Note: This summary applies to this bill as enacted.)
The act removes telepharmacies from the definition of "other outlet" under current law and removes the geographic restriction requiring that a telepharmacy outlet be located more than 20 miles from the nearest prescription drug outlet or another telepharmacy. The act requires telepharmacies to be registered as "prescription drug outlets", instead of other outlets, and to be located in an area of need. An "area of need" is any health facility licensed or certified by the department of public health and environment or any area where a demonstration of need is approved by the state board of pharmacy (board). A telepharmacy outlet must have a pharmacist manager and must be under the direct charge or control of the pharmacist manager or licensed pharmacist delegate who provides remote supervision to the telepharmacy outlet. The act authorizes the board to adopt limited rules to specify additional enumerated criteria to facilitate the operation of telepharmacy outlets, including, in part, the number of telepharmacy outlets that may be operated by a central pharmacy. (Note: This summary applies to this bill as enacted.)
The act creates a United States Space Force license plate. To qualify for the license plate, a person must be a serving member or veteran of the United States Space Force. In addition to the normal fees for a license plate, a person must pay 2 one-time fees of $25 for the issuance of the plate. The fees are credited to the highway users tax fund and the licensing services cash fund, respectively. To implement the act, $23,278 is appropriated from the general fund and license plate cash fund to the department of revenue for use by the division of motor vehicles. Of the amount appropriated to the department of revenue, $2,426 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act creates the Colorado rare disease advisory council (council) in the department of public health and environment (department) to inform state agencies, the public, and the legislature about rare diseases and make recommendations concerning the needs of Coloradans living with rare diseases and their medical providers and caregivers. The council consists of 12 voting members and one nonvoting member representing the office of health equity in the department. The council's 12 voting members include, in part, a researcher, a geneticist, a physician, a professional nurse, a pharmacist, persons living with a rare disease, the parent of a child diagnosed with a rare disease, and representatives of the biotechnology or pharmaceutical industry and of a health insurer. Members of the council are appointed by the speaker and minority leader of the house of representatives and the president and minority leader of the senate. The appointing authorities shall make initial appointments to the council by October 1, 2022. The act specifies the powers of the council and the activities that the council must perform. The activities include, in part: Convening public meetings and soliciting public comment to assist with a state survey of the needs of individuals in the state living with rare diseases; Consulting with experts and developing policy recommendations to improve access to rare disease specialists, clinical trials, timely treatment, and affordable and comprehensive health care; Educating and making recommendations to state agencies and health insurers concerning issues relating to utilization management procedures for treatment of patients with rare diseases; Researching and identifying best practices regarding continuity of care for patients who transition from pediatric to adult care; and Establishing a publicly accessible web page or website to include research, diagnosis, treatment, and other educational materials for providers and patients relating to rare diseases. Unless the council determines that a facilitator is not needed, the council shall contract with a facilitator to provide assistance to the council in carrying out the council's activities. The facilitator's activities may include, in part, conducting meetings, organizing the work of the council, conducting research on issues addressed by the council, conducting public outreach and soliciting expert and public feedback, and publicizing council recommendations. The council and the facilitator may seek, accept, and expend gifts, grants, and donations for the council's activities. The general assembly may appropriate money for the council. The act includes provisions for council meetings, including the number of meetings, notice to the public, and requirements regarding open meetings and public access to council records. The council shall submit an initial report 12 months after the council is established and then report annually to the governor and the health committees of the general assembly concerning the council's activities, funding, and recommendations addressing the needs of people living with rare diseases. The council repeals September 1, 2032, unless extended through the sunset process. For the 2022-23 state fiscal year, the act appropriates $80,567 from the general fund to the department for administration and support to the council. The appropriation is based on the assumption that the department will require and additional 0.4 FTE. (Note: This summary applies to this bill as enacted.)
The act requires: No later than February 1, 2025, the state auditor to select a random sample of operators (random sample) and provide the list of operators in the random sample to the oil and gas conservation commission (commission), the executive director of the department of revenue (executive director), and the division of administration in the department of public health and environment (division); No later than April 15, 2025, the commission, executive director, and division to submit certain reporting information for the operators in the random sample for calendar year 2023 and other information to the state auditor; No later than May 1, 2025, the state auditor to commence conducting or cause to be conducted a performance audit based on the information submitted by the commission, the executive director, and the division; and No later than March 1, 2026, the state auditor to prepare a report and recommendations based on the performance audit, which the state auditor will present to the legislative audit committee.(Note: This summary applies to this bill as enacted.)
The act establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information). The oil and gas conservation commission (commission) is required to utilize or develop a chemical disclosure website to collect and share certain chemical disclosure information with the public (chemical disclosure website). On and after July 31, 2023, operators, service providers, and direct vendors that provide chemical products directly to an operator or service provider at a well site (discloser) for use in underground oil and gas operations (downhole operations) in the state must disclose to the commission: The trade name of the chemical product; and A list of the names of each chemical used in the chemical product. The discloser must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals. For disclosers that were already selling, distributing, or using a chemical product for use in downhole operations in the state before July 31, 2023, the disclosure and declaration must be made at least 30 days before July 31, 2023. For disclosers that begin to sell or distribute a chemical product for use in downhole operations in the state, or that begin to use a chemical product in downhole operations in the state, on or after July 31, 2023, the disclosure and declaration must be made at least 30 days before the discloser begins selling, distributing, or using the chemical product. If a manufacturer does not provide the disclosure information for a chemical product that it sells or distributes for use in downhole operations in the state to the discloser upon the request of the discloser or commission, the manufacturer must provide the commission with a trade secret form of entitlement for the chemical product. If, after making a request to the manufacturer, the discloser is unable to disclose the disclosure information, the discloser shall disclose to the commission: The name of the chemical product's manufacturer; The chemical product's trade name; The amount or weight of the chemical product; and A safety data sheet for the chemical product if it is available for disclosure by the discloser. On and after July 31, 2023, an operator of downhole operations using a chemical product must disclose to the commission: The date of commencement of downhole operations; The county of the well site where downhole operations are being conducted; The unique numerical identifier assigned by the American Petroleum Institute to the well where downhole operations are being conducted and the US well number assigned to the well where downhole operations are being conducted; and The trade names and quantities of any chemical products the operator used in downhole operations. The operator must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals. For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure and declaration must be made within 120 days after July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure and declaration must be made within 120 days after the commencement of downhole operations. The commission will use the chemical disclosure information to create a chemical disclosure list for each well site, which will include an alphabetical list of names and Chemical Abstracts Service numbers of chemicals that will be used in downhole operations at the well site. The commission will post each chemical disclosure list on the chemical disclosure website. The commission shall provide the chemical disclosure list to the applicable operator within 7 days after the operator's disclosures. The operator is required to disclose the chemical disclosure list to persons and entities near where downhole operations will be conducted. The disclosure of the chemical disclosure list to these persons and entities must be made within 30 days after the operator's receipt of the chemical disclosure list from the commission. The commission will prepare and present an annual report to the general assembly that includes a list of chemicals used in downhole operations in the state in the prior calendar year. For the 2022-23 state fiscal year, $61,500 is appropriated from the oil and gas conservation and environmental response fund to the department of natural resources (department) to implement the act, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act requires the department of public safety (department) to improve the investigation of missing and murdered indigenous relative cases and address injustice in the criminal justice system's response to the cases of missing and murdered indigenous relative cases. The act lists specific duties for the department, including assisting with missing indigenous persons investigations and homicide cases involving indigenous victims; coordinating with federal, state, and local law enforcement agencies and with other states regarding missing or murdered indigenous persons cases; developing and facilitating training related to missing and murdered indigenous persons issues; and providing assistance to families of victims. The executive director of the department (executive director) may assign the duties to the department's divisions and offices, including the office of liaison for missing and murdered indigenous relatives created in the act. The department must publish on a public website information regarding missing and murdered indigenous persons. The act creates the office of liaison for missing and murdered indigenous relatives (office) in the department to serve as a liaison on behalf of the indigenous community on issues related to missing or murdered indigenous relatives and carry out duties assigned by the executive director. In carrying out its duties, the office is required to collaborate with the Colorado commission of Indian affairs; federally recognized tribes; state, local, and tribal law enforcement agencies; and indigenous-led organizations. A community volunteer advisory board (board) is established in the office to identify and advise the office on areas of concern regarding missing or murdered indigenous relatives and issues of collaborative efforts related to missing or murdered indigenous relatives. The executive director of the department appoints members to the board. The act requires peace officers to receive training concerning issues relating to missing or murdered indigenous persons. The peace officer standards and training board must work with the office to develop and facilitate the training. The act requires the Colorado bureau of investigation (bureau) to work with the office and federal, state, tribal, and local law enforcement agencies for the efficient investigation of missing or murdered indigenous persons. The bureau must operate a clearinghouse database on missing indigenous persons from Colorado and prepare an annual report on information about missing or murdered indigenous persons. The bureau is required to operate a missing indigenous person alert program. The act requires a law enforcement agency that receives a report of a missing indigenous person to notify the bureau within 8 hours of a report of a missing adult or within 2 hours of a report of a missing child. The act appropriates $497,250 to the department of public safety to implement the act, of which $15,982 is reappropriated to the department of personnel to provide fleet vehicles for the department of public safety. (Note: This summary applies to this bill as enacted.)
Starting October 1, 2022, and by each March 1 thereafter, the act requires any person that is not authorized to engage in the business of insurance in this state but that offers or intends to offer a plan or arrangement to facilitate payment or reimbursement of health-care costs or services for Colorado residents to annually submit to the commissioner of insurance (commissioner) specified information and a certification that the information is accurate and complies with the requirements of the act. The submission must include information about the operation of the plan or arrangement in this state in the immediately preceding calendar year, including: The number of participants in the plan or arrangement and, if the person offers a plan or arrangement in other states, the total number of participants nationally; Any contracts the person has entered into with providers that provide health-care services to plan or arrangement participants; The total amount of fees, dues, or other payments collected from participants and the percentage of fees, dues, or other payments that the person retained; The total dollar amount of requests for reimbursement of health-care services submitted by participants or providers, the total dollar amount of requests for reimbursement that were determined to qualify for reimbursement, and the total dollar amount of requests for reimbursement that were denied; The total amount of payments made to providers or to reimburse participants for health-care services provided or received and the total amount of requests determined to qualify for reimbursement but not yet reimbursed as of the end of the preceding calendar year; The estimated number of participants the person anticipates in the next calendar year; The counties in which the person offers or intends to offer a plan or arrangement and any other states in which the person offers a plan or arrangement; A list of third parties associated with, or offering or enrolling participants in a plan or arrangement on behalf of, the person and a detailed accounting of commissions or other remuneration paid to a third party for services provided in promoting or administering the plan or arrangement; The total number of insurance brokers that are associated with or assist the person in offering or enrolling participants in the plan or arrangement, the total number of participants enrolled in the plan or arrangement through a broker, copies of training materials provided to a broker, and a detailed accounting of commissions or other remuneration paid to a producer for marketing, promoting, and enrolling participants in a plan or arrangement; and Contact information for an individual serving as the person's contact person in this state, a list of the person's officers and directors, and the person's organizational chart. Within 45 days after receipt, the commissioner is to determine whether a submission by a person is complete. Each year, the commissioner is to compile a report summarizing the information submitted by persons and post the report on the division of insurance (division) website. The commissioner is authorized to adopt rules to implement the act. If the commissioner determines that a person has failed to comply with the submission requirements, the commissioner must notify the person of the deficiency and allow the person 30 days to correct the deficiency. If a person fails to timely correct the deficiency, the commissioner may impose a fine not to exceed $5,000 per day, and if the person fails to correct the deficiency within 30 days after the initial fine is imposed, the commissioner may issue an emergency cease-and-desist order against the person. The act appropriates $84,568 from the division of insurance cash fund to the department of regulatory agencies to implement the act as follows: $39,097 for use by the division for personal services; $6,875 for use by the division for operating expenses; $19,714 for legal services, which amount is reappropriated to the department of law to provide the legal services; and $18,882 for information technology services, which amount is reappropriated to the office of information technology in the office of the governor to provide information technology services.(Note: This summary applies to this bill as enacted.)
The act transfers $15 million from the general fund, with $5 million allocated to the just transition cash fund (fund) and $10 million allocated to the coal transition workforce assistance program account (account), and directs the department of labor and employment (department), through the just transition office (office), to expend the money for specified coal community and worker supports. The act also: Specifies that money remaining in the fund or the account at the end of any fiscal year remains in the fund or account, as applicable; Eliminates the requirement to spend a certain percentage of the money in the fund by the end of specified fiscal years and instead allows the department to expend money in the fund through the end of the 2023-24 state fiscal year and authorizes roll-forward spending authority of amounts appropriated from the fund to the department pursuant to 2021 legislation through the 2023-24 state fiscal year; Allows roll-forward spending authority of amounts appropriated from the account to the department pursuant to legislation passed earlier in the 2022 legislative session through the 2023-24 state fiscal year; and Starting in 2022, requires the director of the office to report to the joint budget committee on the history of expenditures from the fund and the account and the purposes for which money in the fund and account were expended or obligated in the previous state fiscal year. The act appropriates: $5 million from the fund to the department for use by the division of employment and training (division) to implement coal community supports; and $10 million from the account to the department for use by the division to implement coal worker supports.(Note: This summary applies to this bill as enacted.)
The act creates the drug repository task force (task force) in the department of public health and environment (department) to examine drug repository programs for unused prescription drugs and over-the-counter medications in the country to determine the best model to implement for Colorado. The task force consists of at least 13 and no more than 15 members, including up to 8 members appointed by the executive director of the department, 6 members appointed by the executive director of the department of regulatory agencies, and one member appointed by the department of health care policy and financing representing that department. The task force members include, in part, representatives of impacted state departments, hospitals, pharmacists and pharmacy associations, physicians, and members representing patients. The task force members must be appointed by August 1, 2022. The executive director of the department or the executive director's designee shall convene the task force no later than September 15, 2022. In part, the task force shall consider drug depository programs in other states and which model is the safest and most efficient and effective model for Colorado; medications to be included in the program; the requirements for donating and receiving medications; legal issues; and fees and rule-making for the program. The department shall provide staff support to the task force. The task force shall report its findings and recommendations to the governor and the health committees of the general assembly by December 15, 2022. The task force is repealed on July 1, 2023. (Note: This summary applies to this bill as enacted.)
The act requires the board of directors (board) of the Colorado health benefit exchange (exchange) to create and implement a consumer outreach campaign (campaign) to educate consumers regarding options for health-care coverage. To pay for the campaign, the amount of the tax credits that the commissioner of insurance is allowed to allocate to insurers that contribute to the exchange increases from $5 million to $9 million for a 6-year period. The board is required to annually report its progress and accounting to the Colorado health insurance exchange oversight committee at the committee's first meeting of the calendar year starting in 2024. The requirements of the act repeal on December 31, 2028. (Note: This summary applies to this bill as enacted.)
