Colorado Bills

The bill reauthorizes the Habitat for Humanity of Colorado fund (fund) income tax check-off for an additional 5 years . The fund first appeared on the list of voluntary contributions on the Colorado income tax forms for income tax year 2015. Under current law, it will come off of the form following income tax year 2019. The bill reauthorizes the fund to remain on the form for income tax years 2019 through 2024, and extends the repeal of the relevant statutes to January 1, 2026 so long as it meets the existing statutory requirement that a voluntary contribution fund must receive at least $50,000 in contributions each tax year. The part is repealed effective January 1 of the income tax year after the revisor of statutes receives notice that the fund will no longer appear on the form for failure to meet that threshold . (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.)

Zero Waste and Recycling Interim Study Committee. The bill tasks the executive director of the department of public health and environment (executive director) or the executive director's designee and the commissioner of agriculture (commissioner) or the commissioner's designee with developing an organics management plan (plan) on or before September 1, 2022. The department of public health and environment may incorporate the plan into the department's existing work regarding organics management if its existing work meets the standards established for the organics management plan. In developing the plan, the executive director and the commissioner are required to study and make recommendations regarding organic waste management practices to encourage compost use on soil to promote carbon storage. The executive director and the commissioner must also complete 2 statewide surveys as part of the plan, with one survey examining end uses for the major categories of organic waste feedstock generated within the state and the other survey examining existing organic waste generation facilities and processing capacity. On or before February 1, 2023, the executive director, in collaboration with the commissioner, shall submit a report summarizing the plan to the legislative committees with jurisdiction over energy or agricultural matters. For the 2020-21 state fiscal year, the bill appropriates $150,000 from the solid waste management fund to the department of public health and environment for use by the solid waste control program to implement the plan. (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.)

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 bill 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 bill applies to a cause of action that accrues on or after January 1, 2021, or a cause of action accruing prior to January 1, 2021, so long as the applicable statute of limitations has not yet run as of January 1, 2021. The bill 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. 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 bill eliminates this restriction. 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 bill 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 limitation 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 bill removes this exemption. (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.)

In 2019, the Colorado general assembly enacted, and the governor subsequently signed into law, the Canadian prescription drug importation program (program) in the department of health care policy and financing (department). The department is directed to request approval of the program on or before September 1, 2020, from the United States secretary of health and human services and to implement the program upon receipt of approval. The bill states that the department may expand the program to allow a manufacturer, wholesale distributor, or pharmacy from a nation other than Canada to export prescription drugs into the state under the program if certain conditions are met. If, upon the satisfaction of these conditions, the department decides to expand the program, the executive director of the department shall notify the president of the senate and the speaker of the house of representatives, as well as the health and human services committee of the senate and the health and insurance committee of the house of representatives, or any successor committees, of the department's intent to do so. The executive director shall provide the notice at least 30 days before the program is expanded, and the notice may include any recommendations of the department for legislation to amend the program to reflect its expansion. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill adds a requirement, as part of mandatory health insurance coverage of preventive health care services, that health plans cover an annual mental health wellness examination of up to 60 minutes that is performed by a qualified mental health care provider. The coverage must: Be comparable to the coverage of a physical examination; Comply with the requirements of federal mental health parity laws; and Not require any deductibles, copayments, or coinsurance for the mental health wellness examination. The bill appropriates $13,347 from the division of insurance cash fund to the division of insurance in the department of regulatory agencies for personal services to implement the bill. (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.)

Current law regulating campaign finance does not set limits on contributions to candidates for school district director. Section 2 of the bill: Sets aggregate limits on contributions to candidates for school district director from persons other than small donor committees for any regular biennial or special school election in the amount of $2,500; and Sets aggregate limits on contributions to candidates for school district director from small donor committees for any regular biennial or special school election in the amount of $25,000. The bill requires that these aggregate contribution limits be periodically adjusted for inflation consistent with other contribution limits. Section 3 subjects the new contribution limits to existing statutory provisions governing the disclosure of campaign contributions. Section 4 contains requirements governing when a candidate for school district director is required to disclose information concerning campaign contributions and clarifies that such candidates are required to file their disclosure with the secretary of state. For the 2020-21 state fiscal year, the bill appropriates $,7000 from the department of state cash fund to the department of state for use by the information technology division. (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 amends the "Colorado Consumer Protection Act" (act) to state that a plaintiff in an individual action may be awarded damages equal to the sum of $500 per violation. The bill also amends the act to state that, under the act, a class action may be brought and damages may be awarded to the class. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill enacts the "Consumer and Employee Dispute Resolution Fairness Act" (act). For certain consumer and employment arbitrations, the act: Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing; Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party; Authorizes the nonobjecting party to seek provisional remedies from court if a party objects to an arbitrator and the parties are not able to agree on an arbitrator; Establishes ethical standards for arbitrators; and Requires specified public disclosures by arbitration services providers to the parties but includes protections for certain confidential information. The bill also requires an individual arbitrator for certain consumer and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality. The bill specifies how attorney fees and other reasonable expenses are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures. and clarifies when appeals of orders may be made in consumer and employee arbitrations. The bill also provides that for a standard form contract involving a consumer or an employee: Specified terms are unenforceable as against public policy; and Including an unenforceable term constitutes a deceptive trade practice under the "Colorado Consumer Protection Act"; and How certain cost-shifting provisions are to be interpreted. (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.)