The bill establishes a private school tuition income tax credit for income tax years commencing on or after January 1, 2023, but prior to January 1, 2028, that allows any taxpayer to claim a credit when the taxpayer enrolls a qualified child in a private school or the taxpayer provides a scholarship to a qualified child for enrollment in a private school. The private school issues the taxpayer a credit certificate and the amount of the credit is: For full-time attendance, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 50% of the previous year's state average per pupil revenues, whichever is less; and For half-time attendance, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 25% of the previous year's state average per pupil revenues, whichever is less. The bill also establishes an income tax credit for income tax years commencing on or after January 1, 2023, but prior to January 1, 2028, that allows any taxpayer who uses home-based education for a qualified child to claim an income tax credit in an amount equal to: $1,500 for a taxpayer who uses home-based education for a qualified child who was enrolled on a full-time basis in a public school in the state prior to being taught at home; and $750 for a taxpayer who uses home-based education for a qualified child who was enrolled on a half-time basis in a public school in the state prior to being taught at home. Both credits may be carried forward for 3 years but may not be refunded. In addition, the credits may be transferred, subject to certain limitations. (Note: This summary applies to this bill as introduced.)
The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition: A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts u nder the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and A licensed physician provides medical treatment, including chemotherapy or removal of an ectopic pregnancy, to the mother that results in the accidental or unintentional injury to or death of the unborn child. The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. A conviction related to the prohibition of the termination of the life of an unborn child constitutes unprofessional conduct for purposes of physician licensing. The bill does not prohibit the sale and use of contraception. The bill states that any act, law, treaty, order, or regulation of the United States government that denies or prohibits protection of a human person's inalienable right to life is null, void, and unenforceable, in this state and that the courts of the United States have no jurisdiction to interfere with Colorado's interest in protecting human life at conception, when human life begins. (Note: This summary applies to this bill as introduced.)
The bill defines a "person" to include an unborn child at all stages of gestation, from fertilization to natural death, as it relates to a private right of action and current homicide and assault provisions. The bill declares that any existing state law relating to prenatal homicide or regulating abortion or abortion facilities is superseded to the extent it conflicts or is inconsistent with the provisions of the bill. The bill requires the state to enforce homicide and assault provisions without regard to the opinion of the United States supreme court in Roe v. Wade and other supreme court decisions, past and future. The bill authorizes the state to disregard any federal court decision that purports to enjoin or void this requirement and subjects a Colorado judge to impeachment or removal if the judge purports to enjoin, stay, overrule, or void the requirement. (Note: This summary applies to this bill as introduced.)
The bill requires health-care providers that perform induced terminations of pregnancies to report specified information concerning the women who obtain the procedure to the state registrar of vital statistics in the department of public health and environment in an electronic format as prescribed by the state registrar. The reported information must not include information that could identify the women who obtained induced terminations of pregnancies. The bill requires the state registrar to annually create a summary report of the information reported by health-care providers and to make the report available to the public. The bill places limitations on how and to whom the state registrar may release the information reported to the state registrar. A physician or physician assistant who falsifies or fails to submit the required information engages in unprofessional conduct pursuant to the "Colorado Medical Practice Act". An advanced practice registered nurse who falsifies or fails to submit the required information is subject to discipline pursuant to the "Nurse and Nurse Aide Practice Act". (Note: This summary applies to this bill as introduced.)
The bill modifies the requirements for a state agency to make an emergency procurement when there exists a threat to public health, welfare, or safety under emergency conditions as follows: Current law authorizes a designee of the chief procurement officer or the procurement official to make an emergency procurement. The bill repeals the authorization of a designee to make an emergency procurement. Current law specifies that a state agency is required to make an emergency procurement with competition as is practicable under the circumstances. The bill requires a state agency to obtain at least 3 informal bids in executing an emergency procurement. For an emergency procurement that exceeds $150,000, a state agency is required to provide to the state controller a written determination of the basis for the emergency and for the selection of any vendor awarded a contract; and A state agency is required to provide to the state controller a written attestation that no conflict of interest exists between the vendor awarded the contract and the state agency awarding the contract or within that state agency and that the selection of the vendor and reason for the procurement were not unduly influenced by the person executing the procurement or any officer or employee of the executive branch of state government. The state controller is prohibited from approving a contract or invoice for an emergency procurement unless the state agency has obtained 3 bids, provided a written determination of the basis for the emergency and selection of the vendor when required, and provided an attestation that there is no conflict. (Note: This summary applies to this bill as introduced.)
The bill requires the air quality control commission (commission) to include in a notice of proposed rule-making a description of the classes of persons, including businesses, that will be affected by the proposed rule. A person who proposes a rule differing from the rule proposed by the commission or a revision of limited applicability shall file the proposal by a deadline determined by the commission by rule, and must include a description of the classes of persons, including businesses, that will be affected by the proposal. If the proposal is an alternative proposal, as defined by the commission by rule, the person must include with the proposal an initial economic impact analysis of the proposed rule. The commission shall designate a hearing officer to consider proposals filed with the commission. Not later than 10 business days after the proposal is filed with the commission, the hearing officer shall determine if the proposal is an alternative proposal, warranting consideration by the commission. The hearing officer shall provide notice of its determination to persons that have filed written requests with the commission to receive notice. (Note: This summary applies to this bill as introduced.)
The bill grants a supervising health-care provider or health-care facility the authority to identify and select a temporary proxy decision-maker (temporary proxy) to make emergency medical treatment decisions for an adult patient who has been determined, by the patient's attending physician, to lack decisional capacity to make informed consent to or refusal of medical treatments. The temporary proxy is to be utilized only in emergency circumstances when an otherwise legally authorized proxy decision-maker cannot be located. The bill outlines guidelines for selecting the temporary proxy and when the authority of the temporary proxy terminates.(Note: This summary applies to this bill as introduced.)
The bill authorizes county public hospitals and affiliates and health service districts and affiliates authorized under certain statutory provisions, all of which are in rural areas of the state, to engage in activities that might be characterized as anticompetitive or that might result in a monopoly or displace competition. The activities that a county public hospital or health service district may engage in include, among others, joint ventures, joint purchasing agreements, and joint negotiations. In exercising these powers, the county public hospital or health service district or its affiliate is performing essential public functions on behalf of the state and is immune from any liability under federal and state antitrust laws. (Note: This summary applies to this bill as introduced.)
The bill allows a child who is participating in a nonpublic home-based educational program to receive the program by participating in a learning pod, which is defined as a group of children who receive educational services delivered by an adult who is selected by the parents of the participating children. If a child who receives a hope scholarship is participating in a learning pod, the child's parent may use the money received to pay the costs of participating in the learning pod.(Note: This summary applies to this bill as introduced.)
The bill requires the director of the office of economic development (office) or the director's designee to conduct or cause to be conducted a study (feasibility study) regarding the feasibility of using small modular nuclear reactors as a carbon-free energy source for the state and includes specific items that must be included in the feasibility study. By July 1, 2024, the director of the office is required to provide a written report to the committees of the senate and house of representatives having jurisdiction over energy matters regarding the findings and conclusions from the feasibility study. The bill appropriates $500,000 from the general fund to the office for the 2022-23 fiscal year to be used for the purposes of the feasibility study. In addition, current law defines recycled energy as energy produced by a generation unit with a nameplate capacity of not more than 15 megawatts. For pumped hydroelectricity generation only, the bill specifies that the energy be produced by a generation unit with a nameplate capacity of not more than 400 megawatts. (Note: This summary applies to this bill as introduced.)
Current law requires a legislative committee of reference to hold a hearing on whether to continue or terminate the existence of each division, board, agency, or advisory committee that is subject to sunset review. The bill reestablishes the committee for sunrise and sunset review (committee) and requires this committee to hold the hearings instead. The committee consists of 6 legislators, appointed as follows: 2 members appointed by the speaker of the house of representatives; 2 members appointed by the senate president; One member appointed by the house of representatives minority leader; and One member appointed by the senate minority leader. The committee is also responsible for: Reviewing proposals to regulate a new professional or occupational group; and Reviewing each bill introduced during the legislative session that creates a new advisory committee, which includes committees, boards, and commissions.(Note: This summary applies to this bill as introduced.)
Current law directs the departments of public health and environment and health care policy and financing to consider allocating money in the nursing home penalty cash fund for grants to be approved for measures that will benefit residents of nursing facilities by fostering innovation and improving the quality of life and care at the facilities. The bill adds to the list of possible measures eligible for grant funding projects aimed at infection prevention and control. Awards for infection prevention and control are limited to education support, workforce support, and physical enhancements for infection control. (Note: This summary applies to this bill as introduced.)
