The act creates the Colorado nonprofit security grant program to provide money to qualified nonprofit organizations that are at high risk of a terrorist attack and that applied for, but did not receive, a grant from the federal nonprofit security grant program. Grant recipients may use the money for the following security-related activities: The installation of security equipment on real property owned or leased by the nonprofit organization; Security-related planning, exercises, training, and contracted security personnel; New or existing infrastructure; except that priority must be given to existing infrastructure projects; or Any other approved security enhancements. The act appropriates $500,000 from the general fund to the department of public safety for use by the division of homeland security and emergency management. (Note: This summary applies to this bill as enacted.)
The act creates the "Infrastructure Investment and Jobs Act" cash fund (fund) and requires the state treasurer to transfer $80,250,000 to the fund. The money in the fund is subject to annual appropriation by the general assembly to the office of the governor (office) and to departments. Money in the fund is to be used, subject to approval by the governor, as the nonfederal matching funding necessary for the state or a local government to be eligible to receive federal approval and federal funds for certain categories of infrastructure projects allowed under the federal "Infrastructure Investment and Jobs Act". The office must establish a process for receiving, reviewing, and approving applications and awarding and distributing money from the fund. The office, as well as state departments receiving money from the fund, are subject to annual reporting requirements. $60 million is appropriated from the fund to the office and to a department, as defined in the act, for the 2021-22 state fiscal year, and any money appropriated and not expended prior to July 1, 2022, is further appropriated through the 2026-27 state fiscal year. (Note: This summary applies to this bill as enacted.)
In order to recompense the public employees' retirement association (PERA) for the cancellation of a previously scheduled July 1, 2020, direct distribution of $225 million, the act requires an additional direct distribution to PERA of $380 million to be made on the effective date of the act or as soon as possible thereafter. The act also reduces the $225 million July 1, 2023, direct distribution to PERA that is scheduled under current law by at least $155 million but no more than $190 million, depending upon the amount of investment income earned by PERA on the additional $380 million direct distribution so that the July 1, 2023, direct distribution will be between $35 million and $70 million. Finally, the act reduces the $225 million July 1, 2024, direct distribution to PERA that is scheduled under current law by the lesser of an amount equal to 7.25% multiplied by $380 million or an amount equal to PERA's annual rate of return on investments as reported in PERA's 2022 annual report multiplied by $380 million; except that there is no reduction if the rate of return is zero or less. (Note: This summary applies to this bill as enacted.)
On September 1, 2022, the state treasurer is required transfer to the capitol complex renovation fund (fund) any amounts credited to state agency capital reserve accounts on June 30, 2022, for annual depreciation-lease equivalent payments that are funded in connection with every appropriation in the capital construction section of the annual general appropriation act. For the 2022-23 fiscal year through the 2028-29 fiscal year, the state controller is required to credit the annual depreciation-lease equivalent payments to the fund rather than to the state agency capital reserve accounts. Each state agency that terminates a lease for private space is required to calculate the annual reduction in its costs for leased space. Beginning in the 2023-24 fiscal year, the general assembly is required to annually transfer an amount equal to each state agency's annual reduction in lease costs to the capital construction fund. Such transfers continue until the state treasurer determines that the amount transferred to the capital construction fund from lease savings equals the amount transferred to the fund from the annual depreciation-lease equivalent payments. The capitol complex renovation fund is created, and the money in the fund is appropriated to the department of personnel for certain capital construction needs for existing state-owned buildings in the capitol complex. Up to $23 million of the money in the fund is set aside for use by the legislative department for improvements to legislative spaces in the capitol complex. The department of personnel is required to submit a quarterly report to the capital development committee regarding the status of the capitol complex renovations funded with money in the fund. Any unexpended and unencumbered money appropriated to a department in a specific line item for utilities in a fiscal year remains available for expenditure in the next fiscal year without further appropriation for the department to purchase utilities conservation equipment or services. $18,600,000 is transferred from the capitol complex master plan implementation fund to the fund. Two floors of the capitol building annex at 1375 Sherman street are included in the spaces over which the general assembly has control and for which the general assembly is responsible for the supervision of maintenance. For the 2022-23 state fiscal year, $26,721,314 is appropriated to the department of personnel from the fund. The department may use the appropriation for capital construction related to capitol complex renovation projects pursuant to the act. (Note: This summary applies to this bill as enacted.)
The act establishes the "Colorado False Claims Act" (false claims act). Pursuant to the false claims act, a person is liable to the state or a political subdivision of the state for a civil penalty if the person commits, conspires to commit, or aids and abets the commission of any of the following (collectively, "false claims"): Knowingly presenting, or causing to be presented, a false or fraudulent claim for payment or approval; Knowingly making, using, or causing to be made or used a false record or statement material to a false or fraudulent claim; Having possession, custody, or control of property or money used, or to be used, by the state or a political subdivision and knowingly delivering, or causing to be delivered, less than all of the money or property; Authorizing the making or delivery of a document certifying receipt of property used, or to be used, by the state or a political subdivision and, with the intent to defraud the state or political subdivision, making or delivering the receipt without completely knowing that the information on the receipt is true; Knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the state or a political subdivision who lawfully may not sell or pledge the property; Knowingly making, using, or causing to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the state or political subdivision; or Knowingly making, using, or causing to be made or used, a false record or statement resulting in the underpayment of unemployment premiums or the payment of unemployment insurance benefits of more than $15,000 in a calendar year. A person who makes a false claim is liable to the state for a civil penalty of $11,800 to $23,600 per violation, plus 3 times the amount of the damages sustained by the state. A court may assess a reduced penalty if the person who makes a false claim furnishes to investigators all the information the person knows about the violation within 30 days after first learning of a potential violation, the person did not know about the investigation when the person furnished the information, and the person fully cooperated with the investigation as follows: If the person furnished the information prior to an action being filed, the person is subject to a civil penalty of $5,900 to $11,800 per violation, plus 1.5 times the amount of the damages. If the person furnished the information while a pending action was under seal, the person is subject to a civil penalty of $7,800 to $15,700 per violation, plus double the amount of the damages. The civil penalty range amounts for a violation are annually adjusted for inflation, rounded upward or downward to the nearest ten-dollar increment and certified by the secretary of state. A person who makes a false claim is also liable for the costs incurred for the investigation and prosecution of the false claim. The attorney general may accept from a person alleged to have made a false claim an assurance of discontinuance or a consent order approved by a court in lieu of, or as a part of, a false claims action. Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding. The false claims act requires the attorney general to investigate false claims. The attorney general or a private person may bring a civil action against a person who made a false claim. The attorney general may intervene in an action brought by a private person. A private person who brings a false claims action may be awarded up to 30% of the proceeds from the action based on the extent the private person contributed to the investigation and prosecution of the false claim. If the private person is an employee of the state and learns information about the false claim in the course of the person's work, the court will award that amount to the state. The false claims act requires that a false claims action be filed in a state district court or federal court with jurisdiction over the action. A court cannot hear a false claim action: Brought against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado, acting in the member's, executive director's, or official's official capacity; Brought against an elected official of a political subdivision, a member of a political subdivision's judiciary, of an appointed official of a political subdivision, acting in the official's or member's official capacity; or Based on the same allegations or transactions that are the subject of a different civil or administrative proceeding. The false claims act prohibits retaliatory action against an individual because of the individual's efforts in furtherance of investigating, prosecuting, or stopping false claims. A court hearing a false claims action may hear a claim for retaliation against the individual. The false claims act clarifies how information subject to a person's attorney-client privilege is protected, unless the privilege is waived, an exception to the privilege applies, or disclosure of the information is permitted by an attorney pursuant to certain federal regulations applicable to attorneys appearing and practicing before the federal securities and exchange commission, the applicable Colorado rules of professional conduct, or otherwise. The false claims recovery cash fund (fund) is created and any proceeds retained by the state from a false claims action are transferred to the fund. Subject to annual appropriation, the department of law may use money in the fund for the costs of investigating and prosecuting false claims. Remaining proceeds are transferred to the fund from which the false claim was paid and the false claims act sets forth the process for paying to a political subdivision any proceeds recovered that are attributable to the political subdivision. The false claims act requires the attorney general to annually submit a report to specified committees of reference about false claims actions during the previous fiscal year. The act authorizes the state auditor to share information about potential false claims with the attorney general and a political subdivision. The act appropriates $13,568 from the general fund to the legislative department for use by the office of the state auditor. (Note: This summary applies to this bill as enacted.)
Current law requires every owner, keeper, or proprietor of a junk shop, junk store, salvage yard, or junk cart or other vehicle and every collector of or dealer in junk, salvage, or other secondhand property to keep a book or register detailing all transactions involving commodity metals and to comply with certain other requirements concerning transactions involving commodity metals. Current law also establishes the commodity metals theft task force (task force) and charges the task force with certain duties to address the theft of commodity metals. The act extends the scope of the current laws addressing commodity metal theft to include theft of catalytic converters. The act also expands the scope of the duties of the task force to include consideration of catalytic converter theft. For the purposes of the existing criminal statute prohibiting the operation of motor vehicle chop shops, the act adds catalytic converters to the definition of "major component motor vehicle part". (Note: This summary applies to this bill as enacted.)
No later than January 2024, the act requires the department of health care policy and financing (state department) to submit a report to specified committees of the general assembly identifying: A reimbursement system with a goal to incentivize and increase transportation provider participation; How the state department will ensure compliance with applicable federal laws and waiver requirements; A system of common reporting to ensure a recipient does not exceed the medicaid benefit in a multi-provider scenario; and Best practices based on what other states have done to allow transportation network companies (TNC) to provide nonmedical transportation services for individuals receiving services. Upon completion of the report, the act requires the state department to analyze and review each operational TNC and no later than July 1, 2024, verify each TNC's viability to ensure the health, safety, welfare, cost effectiveness, and capability in expanding nonmedical transportation services for individuals receiving services under the home- and community-based services for the elderly, blind, and disabled waiver; the home- and community-based services for persons with intellectual and developmental disabilities waiver; the home- and community-based services for persons with major mental health disorders waiver; the home- and community-based services for persons with brain injury waiver; the home- and community-based supported living services waiver; or the complementary and alternative medicine for a person with a spinal cord injury waiver. By July 1, 2024, the state department shall authorize verified transportation network companies to provide nonmedical transportation services if the state department finds the transportation network company viable under federal requirements and within budgetary constraints and shall promulgate any necessary rules. The act appropriates $110,811 to the department of health care policy and financing. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies (department), as specified in the department's sunset review of the state board of optometry (board), with modifications, by: Continuing the board and the regulation of optometry for 11 years, until September 1, 2033; Adding certain treatments and procedures to the scope of the practice of optometry; Removing the exemption for optometrists from the requirement to notify the board in the event that the optometrist is unable to treat patients with reasonable skill and safety; Removing references to the "National Board of Examiners in Optometry" and clarifying that the board may designate any national standardized examination that tests the applicant's ability to practice optometry as a requirement for licensure; and Requiring an optometrist licensed by the board to complete certain education, examination, and reporting requirements to perform laser procedures or treat ocular adnexa.(Note: This summary applies to this bill as enacted.)
Under current law, with limited exceptions, a public trustee must release a deed of trust upon the satisfaction of certain preconditions, one of which is the production of the original canceled evidence of debt such as a note or bond as evidence that the indebtedness secured by the deed of trust has been paid. To this requirement, the act adds another exception. That is, a holder of the original evidence of debt may request the release of a deed of trust without producing or exhibiting the original evidence of debt if the holder: Agrees to indemnify and defend the public trustee against any claim for damages resulting from the action of the public trustee taken in accordance with the request; Provides the public trustee a current address for the original grantor, assuming party, or current owner when requesting the release of the deed of trust; and Files the request for the release of the deed of trust electronically via the county's electronic recording system. The act also removes language requiring a title insurance company to be "qualified" as well as licensed in Colorado for certain purposes relating to the release of a deed of trust. Further, the act makes necessary changes to the statutory form that is used to request a deed of trust without producing the evidence of debt. (Note: This summary applies to this bill as enacted.)
Section 1 of the act makes legislative declarations and findings regarding the shortage of health-care providers in the state, the presence of qualified, internationally trained medical professionals in the state, the ability of those professionals to assist the state in addressing health-care workforce needs, the barriers to entry into the health-care workforce these professionals face, and the need to reduce those barriers to facilitate the integration of these professionals into the state's health-care workforce. Section 2 establishes the following 2 programs in the department of labor and employment (CDLE) to assist international medical graduates (IMGs) seeking to integrate into the state's health-care workforce: The IMG assistance program, the purpose of which is to provide direct services to IMGs, including a review of an IMG's education, training, and experience to recommend appropriate next steps for integrating the IMG into the state's health-care workforce; technical support and guidance through the credential evaluation process; and scholarships to assist in defraying the costs of the medical licensure process; and The clinical readiness program, the purpose of which is to provide a curriculum for and assessments of IMGs to help them build the skills necessary to enter a medical residency program. Section 2 also directs the executive director of CDLE to include in CDLE's annual report to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" information about the IMG assistance program, the clinical readiness program, and any progress made in addressing barriers IMGs face in securing positions in medical residency programs. To fund the programs, the act also authorizes the general assembly to appropriate money from the general fund or other sources and authorizes the CDLE to seek, accept, and expend gifts, grants, and donations from private and public sources. The act precludes the CDLE from implementing the programs unless sufficient amounts are received to fund the costs of the programs. With regard to requirements for licensure under the "Colorado Medical Practice Act" (medical practice act): Section 3 defines "IMG" for purposes of the medical practice act; Section 4 reduces the length of postgraduate clinical training that an IMG must complete to qualify for a medical license from up to 3 years to one year; and Section 5 allows an IMG to obtain a reentry license if the IMG has a current or expired international medical license and meets Colorado medical board-specified qualifications and requirements, including an assessment of the IMG's competency to practice.(Note: This summary applies to this bill as enacted.)
Colorado law requires a person to register the person's motor vehicle within 90 days after moving to Colorado. Section 2 of the act requires a person who registers a vehicle after moving to Colorado to: Provide documentation of the vehicle's previous registration that contains the registration dates or the vehicle's bill of sale; Provide evidence of the date that the person became a Colorado resident; and Pay the vehicle's registration taxes and fees that are prorated from the date the person became a Colorado resident to the date the person applied to register the vehicle, unless the vehicle is used for interstate commerce or unless the owner registered the vehicle within 90 days after becoming a resident. The act requires an owner who fails to register the vehicle within 90 days after moving to Colorado to pay assessed back taxes and fees. The allocation and use of the taxes and fees does not change. Section 3 imposes late fees for failing to register a vehicle when appropriate after obtaining temporary tags for the vehicle. Section 3 also imposes prorated registration taxes and fees to capture missed revenue if a person fails to register a vehicle when required by law. Section 4 lowers the registration fee that is based on the age of a vehicle: For motor vehicles less than 7 years old, the fee is lowered from $12 to $9; For motor vehicles at least 7 years old but less than 10 years old, the fee is lowered from $10 to $7; and For motor vehicles 10 years old or older, the fee is lowered from $7 to $5. The department of revenue (department) may adjust the fees to make the act revenue neutral but may not lower a fee below one dollar or raise the fees above the original amount from which the act lowered the fees. In 2026, this fee decrease repeals, and the fees return to their original amounts. One dollar of the fee is retained by the department and used to offset the cost to the department and the authorized agents to implement the act. Colorado law imposes a fee of $1.50 on motor vehicles, trailers, and semitrailers. The fee is sent to the county where the vehicle is registered for its road and bridge fund. Section 5 lowers this fee to $0.94 to offset the increased taxes and fees collected by the county under sections 2 and 3. The department will annually adjust the fee amount to keep the act revenue neutral to the counties. This process is repealed on July 1, 2026, so that the fee returns to $1.50. To implement the act, $248,249 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund. (Note: This summary applies to this bill as enacted.)
On and after May 1, 2023, the act prohibits a person from practicing dental therapy in the state unless licensed by the Colorado dental board (board). A licensed dental therapist is authorized to deliver routine and preventive dental care. A person who desires to qualify for practice as a dental therapist must file with the board a written application for a license, proof of graduation from a school of dental therapy or a dental therapy program that meets the requirements of the act, and proof of completion of a clinical examination for dental therapy that: Is designed to test the applicant's clinical dental therapy skills and knowledge; Includes dental therapy restorative and dental hygiene clinical skill evaluation; and Is administered by a regional testing agency composed of at least 4 states or an examination of another state. A dental therapist is allowed to practice only under the direct supervision of a licensed dentist until the dental therapist practices for 1,000 hours. After reaching 1,000 hours, the dental therapist may practice under the indirect supervision of a licensed dentist pursuant to a written articulated plan. The articulated plan must include: Methods of dentist supervision, consultation, and approval; Protocols for informed consent, record keeping, quality assurance, and dispensing or administering medications; Policies for handling referrals when a patient needs services the dental therapist is not authorized or qualified to provide; Protocols for assessment of dental disease and the formulation of an individualized treatment plan authorized by the supervising dentist; Policies for handling medical emergencies; and Policies for supervising dental assistants and working with dental hygienists and other dental practitioners and staff. A licensed dental therapist must maintain professional liability insurance in an amount not less than $500,000 per incident and $1.5 million annual aggregate per year; except that this requirement is not applicable to a dental therapist who is a public employee under the "Colorado Governmental Immunity Act". A state institution of higher education offering an accredited dental therapy training program may grant advanced standing toward completion of an accredited dental therapy program if a student meets the conditions specified in the act. Effective July 1, 2031, the act modifies the composition of the board by replacing 2 members, one dental hygienist and one member representing the public at large, with 2 dental therapists. To implement the act, for the 2022-23 state fiscal year, $14,786 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund for reappropriation to the department of law. (Note: This summary applies to this bill as enacted.)
