Federal law preempts the extraterritorial application of state credit for reinsurance law but permits a state to enact reinsurance collateral reforms on an individual basis if the state is accredited. The act enacts a model law adopted by the National Association of Insurance Commissioners (NAIC), which is necessary to maintain the continued accreditation of the Colorado division of insurance with the NAIC and makes Colorado's reinsurance statutes substantially similar to those found in other states. The model law specifies the grounds upon which a domestic insurer can get credit in Colorado for reinsurance provided by an assuming insurer that is domiciled in an extraterritorial jurisdiction and thereby avoids federal preemption that would otherwise occur by 2022.(Note: This summary applies to this bill as enacted.)
The act establishes a "discharged LGBT veteran" status for the purposes of Colorado law. A person is a discharged LGBT veteran if the person was discharged from the armed services due to:The person's sexual orientation, gender identity, or gender expression; Statements, consensual sexual conduct, or consensual acts relating to sexual orientation, gender identity, or gender expression unless the statements, conduct, or acts are prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression; or The disclosure of statements, conduct, or acts relating to sexual orientation, gender identity, or gender expression that were prohibited by the armed services at the time of discharge. A person who received a dishonorable discharge, bad conduct discharge, or, if the person was an officer, a dismissal from the armed services is not eligible to be a discharged LGBT veteran.Pursuant to a process established by the division of veterans affairs, the board of veterans affairs determines whether a person qualifies as a discharged LGBT veteran. This determination does not change the veteran's official character of discharge on the veteran's discharge paperwork, nor does it affect a person's eligibility for federal veterans programs or benefits. The act amends various existing state programs and benefits to make a discharged LGBT veteran eligible for those programs and benefits.(Note: This summary applies to this bill as enacted.)
The act requires a provider of services related to child and youth out-of-home placement (service provider) to provide fair and equal access to all available programs, benefits, and services offered by the service provider. Services related to out-of-home placement must be provided in a manner that is culturally responsive to the complex social identity of the child or youth receiving such services.A service provider is prohibited from denying any person the opportunity to become an adoptive or a foster parent, or delaying or denying the placement of a child or youth for adoption or into foster care, on the basis of the real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the prospective adoptive or foster parent or the child unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth.The act requires that foster parent training include instruction on the right of a foster child or youth to have fair and equal access to all available services and other health and educational services available to foster children and foster youth, including siblings in foster care.(Note: This summary applies to this bill as enacted.)
Current law requires the commissioner of insurance (commissioner) to appoint 2 members to the workers' compensation classification appeals board who are salaried employees of an insurance company that issues workers' compensation insurance policies in this state or who are representatives of Pinnacol Assurance, but both members may not be representatives of Pinnacol Assurance or of the same insurance company.The act requires the commissioner to appoint:One member who is a salaried employee of an insurance company or a representative of Pinnacol Assurance; and One member who is a salaried employee of an insurance company, a representative of Pinnacol Assurance, or an insurance agent. The act maintains the prohibition against appointing a representative of Pinnacol Assurance or of the same insurance company to both positions on the board. The act also gives the commissioner the option to appoint an insurance agent to serve as an alternate member if one of the appointed members recuses himself or herself. The act continues the workers' compensation classification appeals board until 2032.(Note: This summary applies to this bill as enacted.)
Current law allows specific entities to purchase opiate antagonists through the opiate antagonist bulk purchase fund (fund) and also allows specific entities to receive opiate antagonists pursuant to standing orders and protocols. The act aligns these sections of law so that:A unit of local government may purchase opiate antagonists through the fund pursuant to a standing order and protocol; and A harm reduction organization, law enforcement agency, or first responder to which opiate antagonists have been prescribed or dispensed through a standing order and protocol may purchase the opiate antagonists through the fund.(Note: This summary applies to this bill as enacted.)
The act replaces the term "illegal alien" with "worker without authorization" as it relates to public contracts for services.(Note: This summary applies to this bill as enacted.)
Under current law, if the Colorado educational and cultural facilities authority has issued qualified charter school bonds for a charter school that fails to immediately restore its qualified charter school debt service reserve fund (reserve fund) to the applicable reserve fund requirement, the general assembly may, but is not required to, appropriate money to restore any or all reserve fund requirements for an aggregate outstanding principal amount of bonds not to exceed $500 million. The act increases the cap for the aggregate outstanding principal amount of qualified charter school bonds for which the general assembly may restore reserve fund requirements to $750 million.(Note: This summary applies to this bill as enacted.)
The act creates, unless otherwise required by federal law, a public or assisted housing benefit exception to the requirement that an applicant for federal, state, or local public benefits verify lawful presence in the United States.(Note: This summary applies to this bill as enacted.)
The responsibilities of the statewide internet portal authority (SIPA) include developing the officially recognized statewide internet portal, entering into a contract with a statewide internet portal integrator for the development, support, maintenance, and enhancement of the equipment and systems used for the statewide internet portal, and providing appropriate administration and oversight of the statewide internet portal integrator. Current law specifies that SIPA may not enter into a contract with a statewide portal integrator unless the statewide portal integrator was chosen by the authority pursuant to a request for proposals.The act retains the requirement for a competitive solicitation for the contract with the statewide portal integrator, but authorizes competitive solicitation methods other than a request for proposals, including the invitation to negotiate.(Note: This summary applies to this bill as enacted.)
House Bill 14-1387, enacted in 2014, inadvertently removed, through the use of the definition of "real property", the authority of the department of personnel (department) to negotiate and execute leases for state use of privately owned property, including land, office space, buildings, and special use interests. This eliminated a decades-old policy for the department to serve as the central authority to assist state agencies and state institutions of higher education to lease needed office space and other property interests. The department has been operating under custom and practice to keep negotiating and executing such leases since House Bill 14-1387 was enacted.The act officially reinstates this authority to the office of the state architect in the department, which houses the real estate program. The real estate program is the program responsible for centralized leasing.(Note: This summary applies to this bill as enacted.)
Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The act defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the act applies to a cause of action that accrues on or after January 1, 2022, or a cause of action accruing prior to January 1, 2022, so long as the applicable statute of limitations has not yet run as of January 1, 2022.The act removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries.The act repeals the limited waiver of the doctor- or psychologist-patient privilege for claims brought by a person under disability.Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The act repeals this limitation.Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The act eliminates this restriction.Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitations for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The act removes this exemption.(Note: This summary applies to this bill as enacted.)
The act continues the ability of dental hygienists to place interim therapeutic restorations (ITR) and apply silver diamine fluoride (SDF) until September 1, 2025, to align with the sunset review of the Colorado dental board (board).The act also:Relocates the statutory language granting dental hygienists the authority to apply SDF; Specifies the requirements of an articulated plan between a dental hygienist and a collaborating dentist for purposes of dental hygienist prescribing; Repeals the requirement that a dental hygienist carry professional liability insurance to place ITR or apply SDF because the requirement exists in another provision of the "Dental Practice Act" that applies to all dental hygienists; Removes language specifying the timeline for communication with a distant dentist when using telehealth; Removes language specifying the number of hours of experience a dental hygienist is required to obtain before the board may grant the dental hygienist a permit to place ITR; Requires a dentist who collaborates with a dental hygienist in ITR placements using telehealth supervision to have an active license issued by the board and have a practice location that is either in Colorado or within reasonable proximity of the location where the ITR is placed; Requires the board to develop a waiver process to allow dentists to supervise more than 5 dental hygienists who place ITR; and Removes language regarding "store-and-forward transfer" technology to allow both synchronous and asynchronous technology when dental hygienists use telehealth in ITR placements and SDF applications.(Note: This summary applies to this bill as enacted.)
