The During a declared public health disaster emergency, the bill authorizes counties and municipalities to enact ordinances and resolutions that: Limit the amount of the fee , excluding a fee related to credit card processing, that a third-party delivery service may charge to a retail food establishment in a county or municipality where indoor dining is prohibited at a capacity of at least 50% or below at the discretion of the county or municipality ; Restrict the ability of a third-party food delivery service to reduce the compensation rate or tips paid to a delivery driver or retail food establishment to offset revenue reductions resulting from a fee limit; Require that any fee or commission charged to a retail food establishment be disclosed by the third-party food delivery service to the customer; and Restrict a third-party food delivery service's ability to service, or disclose any information about, service a retail food establishment without the retail food establishment's consent; and consent. Impose civil penalties for a violation of any ordinance or resolution enacted. The bill also immunizes any county or municipality that enacts an ordinance or a resolution as authorized by the bill from liability for economic damage suffered as a result of the ordinance or resolution. (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 allows a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the restaurant and other eating places industry, and the mobile food services industry in the state in order to allow such qualified retailers to retain the resulting sales tax collected as assistance for lost revenue as a result of the economic disruptions due to the presence of coronavirus disease 2019 (COVID-19) in Colorado. (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 controlled maintenance trust fund is designated as part of the state emergency reserve under TABOR, and the governor has twice ordered money from the trust fund to be transferred to the disaster emergency fund to be used for response activities related to COVID-19. The bill requires the state treasurer to transfer $100 million from the general fund to the controlled maintenance trust fund. For this fiscal year, this money will be available to the governor to transfer to the disaster emergency fund for public health and emergency response expenses associated with the COVID-19 pandemic emergency.(Note: This summary applies to this bill as introduced.)
The act implements recommendations of the department of regulatory agencies in its sunset review and report on the regulation of mental health professionals as follows: Continues the regulation of mental health professionals for 9 years, until September 1, 2029; Clarifies that mental health professionals may possess, furnish, and administer opiate antagonists; Exempts students who are enrolled in a school program and are practicing as part of a school practicum or clinical program; Grants title protection to additional persons practicing in the mental health field; Makes the conviction of a crime that is related to mental health practice a violation of the mental health practice acts; Authorizes the appropriate mental health board to suspend a mental health professional's license, certification, or registration for the failure to comply with a board-ordered mental or physical examination; and Repeals the requirement that members of the mental health boards must be United States citizens. In addition to implementing the sunset recommendations, the act: Allows the staff of a mental health board to approve applications for licensure, certification, and registration without ratification from the respective board unless the board deems ratification necessary; Clarifies that licensees, certificate holders, and registrants are not required to form a professional service corporation; Exempts persons performing auricular acudetox from licensing, certification, and registration requirements; Creates the mental health disciplinary record work group for the purpose of making legislative and rulemaking recommendations concerning records that impact the initial licensure, certification, registration, and ongoing practice of mental health professionals; Clarifies when a mental health professional may disclose a client's confidential communications; Clarifies that it is not a prohibited activity for a mental health professional to offer or accept payment for services provided in connection with a referral as long as the payment is not for the referral itself; Prohibits a contract entered into by a mental health professional for marketing, office space, administrative support, or any other overhead expense from providing remuneration for referrals of clients or patients or otherwise creating financial benefit or incentive to the mental health professional; Allows supervision of an applicant for a social worker license to be done virtually and by a person other than a licensed social worker; Creates a registration process for clinical social work candidates; States that, for licensed social workers or licensed clinical social workers, course work is the only professional competency activity that can fulfill all the continuing competency requirements; Requires applicants for psychology licensure to complete a name-based criminal history record check upon initial application; Requires applicants for a professional counselor license to complete 2,000 hours of practice in counseling, including at least 1,500 hours of face-to-face direct client contact under clinical supervision; Changes the name of "registered psychotherapists" to "unlicensed psychotherapists", allows current psychotherapists to continue to practice as unlicensed psychotherapists, and prohibits the registration of any new psychotherapists with the board of unlicensed psychotherapists; Repeals the provision allowing a licensed mental health professional or a licensure candidate to register with the database of unlicensed psychologists; and Changes the titles of certified addiction counselors to "certified addiction technicians" and "certified addiction specialists" and changes the scope of practice and educational requirements for the certificate holders.(Note: This summary applies to this bill as enacted.)
The act establishes triannual meetings, which take place in March, August, and December, whereby members of the executive committee of the legislative council and the joint budget committee (committees) are able to receive information from the executive branch related to a disaster if the governor has declared a disaster emergency since the 1st day of the month for the last required meeting. During the meeting, the governor or his or her designee must appear before the committees to provide information of a comprehensive nature and respond to questions from the committees with respect to the disaster emergency. The governor and any state agency is also required to promptly give notice to the general assembly of the promulgation of any executive order or other order by the governor or the agency, as applicable, issued in connection with the disaster emergency. The office of state planning and budgeting is required to provide quarterly reports to the joint budget committee about the expenditures from the disaster emergency fund (fund) and to post the reports on the office's website. The office is also required to prepare quarterly reports of federal funds that the state receives and spends. The state auditor is required to conduct or cause to be conducted a performance audit of the fund that is completed on December 1, 2022. Thereafter, the state auditor is required to conduct a biennial financial audit of the fund for the 2 most recently completed fiscal years. The act extends the repeal date for the authority to transfer spending authority between line items in specified circumstances from September 1, 2020, to September 1, 2025, and similarly extends the repeal date for the provision permitting overexpenditures in excess of the amount authorized by an item of appropriation in limited circumstances, including for medicaid programs. (Note: This summary applies to this bill as enacted.)
The act clarifies 2008 legislation prohibiting discretionary clauses in certain plans and insurance policies and providing for the de novo standard of review (roughly translated as "anew" or "from a clean slate") in any court by: Declaring that the legislation should be construed broadly to effectuate its remedial purpose, notwithstanding any contractual or statutory choice-of-law provision to the contrary; Nullifying any contract provision that purports to give an insurer or its agent discretionary authority to determine the insured person's entitlement to benefits in any specific circumstance; and Separating the provision requiring de novo review of policy disputes from the provision allowing a claimant to demand a jury trial, to clarify that these are separate issues. The act applies to all plans and policies existing, offered, issued, delivered, or renewed in Colorado or providing health or disability benefits to a resident or domiciliary of Colorado on or after the applicable effective date of the act. (Note: This summary applies to this bill as enacted.)
The act establishes that a person engages in a deceptive trade practice if the person, within 180 days following the declaration of a disaster or disaster emergency by the president of the United States or the governor of the state and in the geographic area for which the disaster was declared, sells, offers for sale, provides, or offers to provide any of the following at a price so excessive as to amount to price gouging: Building materials; Consumer food items; Emergency supplies; Fuel; Medical supplies; Other necessities; Repair or reconstruction services; Transportation, freight, or storage services; or Services used in an emergency cleanup. A price is not unreasonably excessive if the seller can prove that, due to events that gave rise to the disaster declaration, the price is attributable to additional costs imposed on the seller by the seller's supplier or suppliers or other direct costs of providing the good or service sold or offered for sale. (Note: This summary applies to this bill as enacted.)
The act implements recommendations of the department of regulatory agencies' sunset review and report on the licensing of hearing aid providers by: Continuing the licensing of hearing aid providers for 11 years, to 2031; Requiring final agency actions to be appealed directly to the court of appeals; Repealing language specifying that the hearing aid provider practice act does not prohibit an individual from performing tasks that would be permissible if the licensee was not licensed; Prohibiting a person who is not licensed as a hearing aid provider from using any titles that imply the person is qualified as a hearing aid provider; Requiring a hearing aid provider to be licensed before directly or indirectly selling or negotiating to sell any hearing aid for the hearing impaired; Repealing references to the national competency examination of the National Board for Certification in Hearing Instrument Sciences and requiring the director of the division of professions and occupations (director) to determine the competency examination required for licensure; Requiring hearing aid providers to post a surety bond, maintain professional liability insurance, or comply with other financial responsibility requirements determined by the director; Adding failure to practice according to commonly accepted professional standards to the grounds for discipline; Authorizing the director to accept disciplinary action taken by another state, a local jurisdiction, or the federal government as prima facie evidence of misconduct if the basis for the action would be grounds for discipline in Colorado; and Adding deceptive trade practice provisions related to the sale of hearing aids by hearing aid providers. In addition to implementing the sunset recommendations, the act also: Updates the scope of practice to require either the initial testing or the first fitting to be performed in-person; and Requires each hearing aid provider to attend at least 8 hours of continuing education each year.(Note: This summary applies to this bill as enacted.)
The act requires the state treasurer, on behalf of the state, to execute a lease-purchase agreement in an amount up to $65,500,000 plus reasonable and necessary costs to fund certain capital construction needs for state institutions of higher education that are continuations of previously funded projects as specified by the capital development committee. The capital development committee is required to post the list of specific projects and the cost of each project on its official website no later than August 15, 2020. The capital development committee is also required to specify in this list, in the event of any excess money as a result of the issuance, what any remainder money must be used for. (Note: This summary applies to this bill as enacted.)
The act adds discrimination based on source of income as a type of unfair housing practice. "Source of income" is defined to include any source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession or from any government or private assistance, grant, or loan program. A person is prohibited from refusing to rent, lease, show for rent or lease, or transmit an offer to rent or lease housing based on a person's source of income. In addition, a person cannot discriminate in the terms or conditions of a rental agreement against another person based on source of income, or based upon the person's participation in a 3rd-party contract required as a condition of receiving public housing assistance. A person cannot include in any advertisement for the rent or lease of housing any limitation or preference based on source of income, or to use representations related to a person's source of income to induce another person to rent or lease property. The restrictions do not apply to a landlord with 3 or fewer rental units. A landlord who owns 5 or fewer single family rental homes, and no more than 5 total rental units including any single family rental homes, is not required to accept federal housing choice vouchers for the single family homes. A landlord is not prohibited from checking the credit of prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice if the landlord checks the credit of every prospective tenant. (Note: This summary applies to this bill as enacted.)
Sections 1 through 8 of the act raise the minimum age of a person to whom cigarettes, tobacco products, and nicotine products (products) may be sold from 18 years of age to 21 years of age. A products retailer must card anyone seeking to purchase products who appears to be under 50 years of age at the time of purchase. Section 1 repeals criminal penalties against a minor for purchasing or attempting to purchase a product. Section 7 prohibits a retailer from permitting a person under 18 years of age to sell or participate in the sale of products. Section 8 also: Increases the minimum number of compliance checks required of each retail location at which the products are sold to 2 per year or at least the minimum number annually required by federal regulation, whichever number is greater; and Requires the executive director of the department of revenue (executive director) to adopt rules concerning enforcement of the laws governing the regulation of products, including rules: Regarding enforcement coordination between the division of liquor enforcement (division) in the department of revenue and local licensing authorities and regarding enforcement against products smuggling; Regarding fees, which must not exceed $400 per year, unless the executive director determines that statewide compliance with products regulation has dropped below 90%, at which time the executive director may, by rule, raise the maximum fee to $600; and Authorizing a single, large-operator license fee for retailers with more than 10 retail locations, which fee is not subject to the general maximum fee amount. Section 9 requires every retailer of the products in the state, on and after July 1, 2021, to obtain a license for each retail location owned. The division is charged with licensing retailers and coordinating with local authorities on retail location compliance checks and investigations of complaints about retailers. Section 10 prohibits: New retail locations at which products are sold from being located within 500 feet of a school unless a local licensing authority has approved a license application for the new retail location; Retail locations that sell electronic smoking device products from advertising those products in a manner that is visible from outside the retail location; and Delivery of products, other than cigars and pipe tobacco, directly to consumers unless the delivery is made by an owner or employee of a licensed retailer who is at least 21 years of age and, at the time of delivery, checks the identification of the individual receiving the delivery to determine that the individual is 21 years of age or older. Section 11 authorizes the division to seek injunctive relief against a person who violates the act and impose fines on or suspend or revoke the state license of a retailer found to have violated the act. Section 12 adjusts the fine amounts for violating the prohibition against selling products to minors from a maximum fine of $1,000 to $15,000 for a fifth or subsequent violation within 24 months to a maximum fine of $1,000 to $15,000 for a fourth or subsequent violation within 24 months. Additionally, the division must prohibit a retailer who commits a second or subsequent violation within 24 months from selling products at the retail location where the violation occurred for a specified period of time, starting with at least 7 days for a second violation within 24 months, to at least 30 days for a third violation within 24 months, and finally for up to 3 years for a fourth or subsequent violation within 24 months. Additionally, section 12 establishes fines ranging from $1,000 for a first violation to $3,000 for a third or subsequent violation within 24 months for the following violations: Advertising electronic smoking device products at a retail location where they are sold in a manner that is visible from outside the retail location; Delivering products without complying with the delivery requirements; and Selling or offering to sell products without a valid state license. If a person sells or offers to sell products without a valid state license at least 3 times within 24 months, the person is not eligible to apply for a state license for 3 years thereafter. Further, section 12 also applies the same fine structure that applies to selling products from a vending machine or failing to display the requisite warning to a violation of the prohibition against allowing a person under 18 years of age to sell or participate in the sale of products. For the 2019-20 state fiscal year, the act appropriates $45,414 to the department of revenue from the liquor enforcement division and state licensing authority cash fund (cash fund) for implementation of the act. For the 2020-21 state fiscal year, the act appropriates: $2,391,262 to the department of revenue from the cash fund for implementation of the act; $98,605 to the department of law from reappropriated funds received from the department of revenue for legal services for the department of revenue; and $69,450 to the department of personnel from reappropriated funds received from the department of revenue for vehicle replacement lease or purchase.(Note: This summary applies to this bill as enacted.)
On the effective date of the act through December 31, 2020, all employers in the state, regardless of size, are required to provide each of their employees paid sick leave for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act". Starting January 1, 2021, for employers with 16 or more employees, and starting January 1, 2022, for all employers, the act requires employers to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year. An employee begins accruing paid sick leave when the employee's employment begins, may use paid sick leave as it is accrued, and may carry forward and use in subsequent calendar years up to 48 hours of paid sick leave that is not used in the year in which it is accrued. An employer is not required to allow the employee to use more than 48 hours of paid sick leave in a year. Employees may use accrued paid sick leave to be absent from work for the following purposes: The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care; The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care; The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work. In addition to the paid sick leave accrued by an employee, the act requires an employer, regardless of size, to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works. The act prohibits an employer from retaliating against an employee who uses the employee's paid sick leave or otherwise exercises the employee's rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor standards and statistics (division) in the department of labor and employment (department), detailing employees' rights under the act. The director of the division will implement and enforce the act and adopt rules necessary for such purposes. An employer found in violation of the act is liable to the employee for back pay and other equitable damages. The act treats an employee's information about the employee's or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave. The act specifies the conditions in which collective bargaining agreements result in compliance with, or exemption from, the act. $206,566 is appropriated to the department for use by the division to implement the act, based on the assumption that the division will require an additional 2.7 FTE for such purpose. (Note: This summary applies to this bill as enacted.)
