In 2021, the general assembly enacted Senate Bill 21-190, concerning additional protection of data relating to personal privacy, which established the "Colorado Privacy Act" (privacy act) as part of the "Colorado Consumer Protection Act". The privacy act protects the privacy of individuals' personal data by establishing certain requirements for entities that process personal data. The privacy act also describes certain rights that consumers may exercise regarding the processing of their personal data. The privacy act includes additional protections for sensitive data. For the purposes of the privacy act, the act expands the definition of "sensitive data" to include biological data, which is data generated by the technological processing, measurement, or analysis of an individual's biological, genetic, biochemical, physiological, or neural properties, compositions, or activities or of an individual's body or bodily functions, which data is used or intended to be used, singly or in combination with other personal data, for identification purposes. Biological data includes neural data, which is information that is generated by the measurement of the activity of an individual's central or peripheral nervous systems and that can be processed by or with the assistance of a device. APPROVED by Governor April 17, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The Colorado constitution prohibits the general assembly from enacting law that is retrospective in its operation. The concurrent resolution amends the Colorado constitution to authorize the general assembly to pass a retrospective law that permits a victim of sexual abuse that occurred while the victim was a minor to bring a civil claim for the sexual abuse. The concurrent resolution permits the general assembly to waive governmental immunity, by a law that is retrospective in its operation, for a child sexual abuse civil claim.(Note: This summary applies to this concurrent resolution as introduced.)
With certain exceptions, for health benefit plans that are issued or renewed on or after January 1, 2027, the bill requires a health-care insurance carrier (carrier) to include a primary care provider as a participating provider in all networks, including narrow networks and all tiers of tiered networks, of the carrier's health benefit plan if the primary care provider is: Licensed to practice in Colorado; Certified or accredited by a national association for the certification or accreditation of primary care providers; Enrolled in an alternative payment model; and Credentialed by federal law to receive reimbursement for the provision of care to patients receiving benefits from medicaid. On or before December 31, 2025, the commissioner of insurance must promulgate rules to implement the bill, including rules: Establishing criteria and a process for determining whether a primary care provider meets the criteria; and Establishing a schedule for contracted reimbursements issued to primary care providers who participate in a health benefit plan. The division of insurance must contract with an actuary to determine a minimum reimbursement schedule for alternative payment models. The schedule: Must ensure that primary care providers are reimbursed at rates that are at least equal to the reimbursement rates established in law for purposes of the Colorado standardized health benefit plan; Must include adjustments for regional cost of living variations; and May include incentives for integration of behavioral health-care services and comprehensive care coordination services. If a carrier and a primary care provider do not negotiate and agree to terms of reimbursement, the carrier must compensate the primary care provider in accordance with the schedule for contracted reimbursements established by rule. If a primary care provider employed by a medical group or hospital system leaves the medical group or hospital system to establish an independent practice, the primary care provider may communicate with patients about continuing to see them in the new practice. Under current law, any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians that restricts the right of a physician to practice medicine upon termination of the agreement is void; except that all other provisions of the agreement, including provisions that require the payment of damages in an amount that is reasonably related to the injury suffered by reason of termination of the agreement, are enforceable. Provisions of a covenant not to compete that require the payment of damages upon termination of the agreement may include damages related to competition. The bill: Establishes exceptions to the general prohibition on covenant not to compete provisions; Broadens the scope of the prohibition to apply to any agreement rather than applying only to employment, partnership, and corporate agreements between physicians; Narrows the existing exception to the prohibition to apply only to provisions that require the payment of damages in an amount that is reasonably related to the injury suffered due to a breach, rather than a termination, of the agreement; and Prohibits including in an agreement any of several provisions that require payment of certain types of damages. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The attorney general is authorized to appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor. In these circumstances, the act allows the attorney general to also expend funds, manage staff, and perform other administrative functions essential for the operation of a district attorney's office. If it is essential during this time for the attorney general to hire personnel, while the attorney general has the ultimate authority regarding hiring decisions, a committee consisting of the attorney general, a representative from the Colorado district attorneys' council, and the highest ranking attorney or official at the district attorney's office shall make recommendations regarding hiring decisions that the attorney general must consider. APPROVED by Governor April 17, 2024 EFFECTIVE April 17, 2024(Note: This summary applies to this bill as enacted.)
The bill prohibits a person from advertising a price for a product, good, or service that does not include all mandatory or nondiscretionary fees or charges. A violation of this prohibition is a deceptive trade practice enforceable by the attorney general or a district attorney. The bill exempts: Advertisements for which a person is required to provide disclosures in compliance with certain federal or state laws or regulations or rules promulgated pursuant to those federal or state laws; Advertisements made in connection with the provision of workers' compensation insurance; Advertisements made by a licensed real estate broker; Air carriers; and Certain professions regulated by the motor vehicle dealer board. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill makes changes to the law relating to the foreclosure of a unit owners' association's (HOA) lien on a homeowner's (unit owner's) home (unit) for unpaid HOA assessments. Prior to the HOA turning over a delinquent account to collections or to an attorney for legal action, the bill requires the HOA to send notice to the unit owner that free information about collections and foreclosures may be obtained through the department of regulatory agencies' HOA information and resource center. Further, before foreclosing on an HOA lien, the HOA shall provide notice to the unit owner that credit counseling is available at the unit owner's expense relating to the impact of foreclosure and options to avoid foreclosure. The bill limits a court's award of reasonable attorney fees that an HOA incurs when foreclosing on an HOA lien to $2,500. Further, currently, an executive board member, employee of the HOA's community association management company, and employees of the law firm representing the HOA, and such individuals' immediate family members, are prohibited from purchasing a foreclosed unit. The bill extends the individuals or entities prohibited from purchasing a foreclosed unit to include a community association management company representing the HOA and an individual who was a board member, employee of the HOA's community association management company, or employee of the law firm representing the HOA, or such individuals' immediate family members, during any of the 5-year period preceding the foreclosure sale, as well as a business entity owned by or affiliated with a community association management company or such individuals. The bill establishes a minimum initial bid amount for the HOA's sale at auction of a unit after foreclosure of the HOA's priority lien for assessments. The amount of the HOA's initial bid at auction must be at least the amount necessary to satisfy the HOA lien foreclosed, the liens for unpaid real estate taxes or other government taxes, and the first mortgage secured by the unit, as well as an amount equal to 60% of the unit owner's equity in the unit, as determined in accordance with the bill, unless the percentage of equity included in the bid amount is decreased by agreement of the unit owner and the HOA. The bill authorizes a different minimum bid amount if the unit owner does not have equity in the unit at the time of the foreclosure sale. Further, the HOA is required to include the minimum bid amount and the information necessary to calculate the minimum bid in the lis pendens filed with the county clerk and recorder in the county where the unit is located. For purposes of notice of the sale of a unit at auction, the bill amends the mailing list to include the unit owner's address listed in the county assessor's records for the unit, if that address is different from the property address, as well as the address of the unit owner's property manager employed by the unit owner, if that person is known to the HOA. The bill applies to HOA liens foreclosed on or after October 1, 2024. (Note: This summary applies to this bill as introduced.)
Legislative Oversight Committee Concerning Tax Policy. The bill establishes that, for property tax years commencing on or after January 1, 2026, a short-term rental unit, which is an improvement that is designated and used as a place of residency by a person, family, or families, but that is also leased for overnight lodging for less than 30 consecutive days in exchange for a monetary payment (short-term stay) and is not a primary residence, and the land upon which the improvement is located, may be classified as either residential real property or lodging property. If, during the previous property tax year, a short-term rental unit was leased for short-term stays for more than 90 days, then it is classified as lodging property. Otherwise, it is classified as residential real property. Actual value for a short-term rental unit that is classified as lodging property is to be determined solely by application of the market approach to appraisal. The bill also specifies, with an exception for a property that qualifies as a bed and breakfast, that a building designed for use predominantly as a place of residency by a person, a family, or families but that is actually used, or available for use, to provide short-term stays only is a hotel and motel. For purposes of applying the classification of either residential or lodging to a short-term rental unit, annually, the assessor is required to send notice to owners of short-term rental units of the number of days during the prior property tax year that the assessor has determined the property was leased for short-term stays. An owner must sign and return the notice and, if the owner disputes the number of days the property was leased for short-term stays, the owner must provide evidence demonstrating a different number of days the property was leased for short-term stays. Additionally, the property tax administrator is required to establish and administer a pilot program to develop a statewide database and uniform reporting system to track short-term rental units. (Note: This summary applies to this bill as introduced.)
The bill states that the Colorado prescription drug affordability review board has no authority to perform an affordability review of, or to establish an upper payment limit for, any prescription drug that is designated as a drug for a rare disease or condition by the federal food and drug administration. (Note: This summary applies to this bill as introduced.)
Joint Budget Committee. The bill requires the state treasurer to transfer $120,000 from the unused state-owned real property fund to the general fund on July 1, 2024.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The concurrent resolution creates a constitutional right that children have equal opportunity to and access to a quality education, that parents, guardians, and legal custodians have the right to direct the education of their children through school choice, and that parents, guardians, and legal custodians may choose school choice options for their children, including neighborhood schools, charter schools, private schools, home schools, open enrollment options, or future innovations in education.(Note: This summary applies to this concurrent resolution as introduced.)
Under current law, a person convicted of certain sex offenses is subject to an indeterminate prison sentence. The bill eliminates indeterminate prison sentences except for Colorado Jessica's Law convictions and imposes mandatory minimum determinate sentences with a requirement to serve 75% of the sentence before parole eligibility and an indeterminate term of parole. The bill specifies which sex offenders must complete mandatory sex offender treatment while in prison and which sex offenders may complete the treatment in the community while serving the community portion of the sex offender's sentence.(Note: This summary applies to this bill as introduced.)
The act prohibits counties, cities and counties, and municipalities from limiting the number of people who may live together in a single dwelling based on familial relationship, while allowing local governments to implement residential occupancy limits based only on: Demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado department of public health and environment wastewater and water quality standards; or Local, state, federal, or political subdivision affordable housing program guidelines. APPROVED by Governor April 15, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)
