The bill creates the "Guard Training and Standards Act" (Act). The Act requires the following persons to obtain a license to practice their occupation: Armed guards who, for financial compensation, carry a firearm and may use physical force to protect a person or property; Protection guards who, for financial compensation, may use physical force to protect a person or property; and Security guards who, for financial compensation, secure a person or property. The Act also requires a guard employer to be registered with the director of the division of professions and occupations in the department of regulatory agencies (director). The licensing is administered by the director, who, subject to the administrative procedures act, has the power and duty to: Promulgate rules; Establish licensure fees; Investigate, hold hearings, and gather evidence; Enter, during business hours, the business premises of a licensee where violations are alleged to have occurred; Take disciplinary action upon proof of a violation of the Act or the rules promulgated to implement the Act; Issue cease-and-desist orders; Apply to a court for an order enjoining any act or practice that violates the Act; Approve training programs that are required to meet the standards for licensure as a protection guard or an armed guard; Implement a requirement that protection guards and armed guards wear body cameras and record interactions with members of the public in a similar manner to the requirements for peace officers; Set marking, design, and equipment standards for motor vehicles used by a guard in the guard's duties; Set standards for uniforms, including external identification, worn by a guard; Set standards for when it is appropriate to wear plain clothes and for the issuance of a plainclothes permit; and Establish a procedure and standards for waiving a portion of the training required for a protection guard or an armed guard to be issued a license. A person may use the titles of "security guard", "protection guard", or "armed guard" only if the person is licensed. A person who engages in the occupation of being a guard without the required license or who employs a guard without a registration commits a class 2 misdemeanor for the first offense and a class 6 felony for the second or subsequent offense. Peace officers are exempt from the licensing requirements. To be issued a license, a person must apply, pay a fee, prove qualifications as required in the Act, and submit to a criminal history background check. Upon being licensed, the person is given a license document that contains the guard's photograph and other relevant information. Security guards are prohibited from carrying a firearm and using physical force to secure or protect people or property. To be qualified for a security guard license, a person must not have a conviction within the last 10 years for certain crimes that relate to violence or unlawful sexual behavior or for attempting or conspiring to commit these types of crimes. Protection guards are prohibited from carrying a firearm. To be qualified for a protection guard license, a person must: Not have a conviction, within the last 10 years, for the same type of crimes described for security guards; and Have successfully completed 80 hours of training that is approved by rule and covers the obligations and restrictions imposed on a protection guard by the Act. To be qualified for an armed guard license, a person must: Have a concealed carry permit for firearms; Not have a conviction, within the last 10 years, for the same type of crimes described for security guards; Have successfully completed 80 hours of training that is approved by rule and covers the obligations and restrictions imposed on an armed guard by the Act; and Have completed firearms training that is substantially equivalent to the training required to be certified as a peace officer. To renew a protection guard license or armed guard license, the license holder must successfully complete 8 hours of training approved by the director by rule. Within 30 days after a felony or misdemeanor conviction for certain listed crimes, which are broader than the crimes that disqualify a person to be a guard because the crimes cover certain property offenses and offenses involving fraud, a guard must report the conviction to the director. Within 30 days after terminating the employment of a guard for misconduct, a guard employer must report the termination and the misconduct that is the basis for the termination to the director. Within 30 days after using physical force to protect a person or property, a guard and the guard's employer must report the use of physical force to the director. The report must include the demographic information, as required by rule, of the guard using physical force and of the individual subjected to the physical force. The director will maintain a database of licensed guards. The database contains the name of each licensee and the following information about each licensee: Each criminal conviction of the type the guard must report; and Each termination of employment for misconduct and the misconduct. The director will make the database available, including online through the director's website, to a registered guard employer. The Act establishes standards of conduct for guards that include obeying the Act and rules promulgated under the Act and the following standards: All guards must: Wear a uniform unless the guard has been issued a plainclothes permit; Carry the guard's license; Use a vehicle that complies with the marking, design, and equipment rules promulgated by the director; and Not use a canine to detect explosive devices unless the canine is certified by a nationally recognized training association or a law enforcement agency, and the guard handling the canine is one of the canine's primary handlers. An armed guard must wear a form of identification on the outermost part of the armed guard's uniform. The director sets standards for issuing a plainclothes permit. The director may discipline each type of guard or a guard employer for: Fraud or intentional misrepresentation in obtaining or attempting to obtain, reinstate, or renew a license; Violating a currently valid order of the director; Violating the Act or a rule promulgated under the Act; Being convicted of a felony when acting within the course and scope of the guard's duties; Using false advertising or intentionally misleading advertising; Failing to meet the mentioned standards of practice; Failing to pay a fine assessed by the director; and Using deadly force or authorizing the use of deadly force against any individual unless the use of deadly force is necessary to prevent an immediate risk of serious physical harm to an individual. The director may discipline or require additional training of: A security guard for using unlawful physical force on another person; A protection guard or armed guard for: Failing to use a body camera; Using physical force that is prohibited for peace officers to use; or Being convicted of a crime that would disqualify the protection guard or armed guard from being issued a license; and A guard employer for: Authorizing a guard to take an action that is a ground for discipline; Failing to ensure that protection guards and armed guards use body cameras; or Failing to make a required report. The director may adopt rules establishing fines that the director may impose on a licensee for violating the Act or rules under the Act, with a minimum fine of not less than $50 and a maximum fine of not more than $5,000 per violation. In accordance with the sunset law, the Act will repeal on September 1, 2031. Before the repeal, the Act is scheduled for review by the department of regulatory agencies. (Note: This summary applies to this bill as introduced.)
Colorado courts follow the common law rule that, generally, only a parent or guardian has the right to claim pre-majority economic damages of a minor for which another person is liable. The bill abolishes the common law rule and permits a minor to bring a claim to recover damages for the minor's pre-majority economic loss. A minor or a parent may not be awarded damages for any economic loss that have been awarded to another person. Under existing law, the statute of limitations for civil claims against health care institutions and health care professionals is 2 years, with certain exceptions. The exceptions to the 2-year limitation include claims brought by or on behalf of a minor who is under 8 years old and claims brought by or on behalf of a person under disability. The bill makes any exemption to the 2-year limitation that would apply to a minor's claim also apply to a claim brought by a person entitled or required to bring a claim to recover damages for a minor's pre-majority economic loss. (Note: This summary applies to this bill as introduced.)
The concurrent resolution authorizes the governor to declare a state of disaster emergency that continues for up to 30 days. At the end of 30 days, if the governor has not previously terminated the state of disaster emergency, it automatically terminates unless extended by the general assembly. To extend a state of disaster emergency, the general assembly, prior to the date of automatic termination, must adopt a joint resolution passed by a two-thirds majority of each house. The joint resolution must specify the length of time for which the state of disaster emergency is extended and does not require approval by the governor. If the general assembly has not extended the state of disaster emergency before the date of termination and is not in session as of the date of termination, the governor may call the general assembly into special session to extend the state of disaster emergency. The governor may terminate the state of disaster emergency before the date to which it is extended, and the general assembly may adopt subsequent joint resolutions to further extend the state of disaster emergency if not previously terminated by the governor.(Note: This summary applies to this concurrent resolution as introduced.)
The bill requires the division of insurance (division) to retain a contractor on or before November 1, 2021, for the purpose of performing actuarial reviews of proposed legislation that may impose a new health benefit mandate on health benefit plans. The contractor, under the direction of the division, shall conduct an actuarial review of up to 5 legislative proposals for each regular legislative session, each at the request of a member of the general assembly. Each actuarial review performed by the contractor must consider the predicted effects of the legislative proposal during the 5 years immediately following the effective date of the proposed legislation, including specifically described considerations. In preparing a fiscal note for any legislative proposal that may impose a new health benefit mandate on health benefit plans, the legislative service agency charged with preparing the fiscal note shall either: Include in the fiscal note information that is produced by the contractor in review of the legislative proposal; or If no information is produced by the contractor in review of the legislative proposal, indicate such fact in the fiscal note.(Note: This summary applies to this bill as introduced.)
The bill specifies that a patient admitted to a hospital for inpatient care and a resident of a nursing care facility or assisted living residence may have at least one visitor of the patient's or resident's choosing during the stay or residency. A hospital, a nursing care facility, and an assisted living residence (collectively referred to as "health-care facility") must have written policies and procedures regarding the visitation rights of patients and residents, including policies and procedures setting forth any clinically necessary or reasonable restriction or limitation that the health-care facility may need to place on patient and resident visitation rights and the reasons for the restriction or limitation. The bill prohibits a health-care facility from adopting policies or procedures that prohibit visitation of a patient or resident if the sole reason for the prohibition is to reduce the risk of transmission of a pandemic disease, but a health-care facility may impose specified requirements and limitations for visitors to reduce the risk of transmission of the pandemic disease. (Note: This summary applies to this bill as introduced.)
The bill allows eligible electors in the town of Parker to elect to have all of the area within the boundaries of the town included in or excluded from the boundaries of the regional transportation district (district). The bill requires that for the election to go forward, 2 separate ballot questions must be presented to the electors, one regarding the town's inclusion in and one regarding the town's exclusion from each special district. The ballot questions may be initiated by petitions signed by at least 5% of the voters, or the governing body may adopt resolutions to hold elections on the ballot questions. The ballot must include one question allowing the voters to vote for or against the inclusion of the proposed area in the district, and one question allowing voters to vote for or against the exclusion of the proposed area from the district. If one question is approved by a majority of the eligible electors and the other question is not approved by a majority of eligible electors, the question that was approved takes effect. If both questions are approved by a majority of the eligible electors, only the question that received the greater number of votes in favor of the question takes effect. If neither question is approved by a majority of eligible electors, neither question takes effect and the boundaries of the district remain as they were before the election. If the voters elect to be excluded from the district, the exclusion takes effect on the earlier of December 31, 2050, or the date on which any district securities that were secured by the specific pledge of proceeds of sales taxes prior to January 1, 2021, are repaid. The district may continue to collect sales and use tax revenues within the boundaries of the district after the voters elect to be excluded and prior to the effective date of the exclusion, so long as the district provides a reasonably proportionate level of service to the town of Parker during that time. (Note: This summary applies to this bill as introduced.)
The bill requires the public utilities commission (PUC) to adopt by rule, no later than July 31, 2022, greenhouse gas (GHG) emission reduction programs (reduction programs) for large natural gas utilities (those that have at least 250,000 customer accounts in Colorado) and small natural gas utilities (those that have fewer than 250,000 customer accounts in Colorado) (collectively, utilities). Municipally owned utilities may, but need not, participate in a reduction program. The rules must include reporting requirements and a process for utilities to fully recover qualified investments, which are prudently incurred costs associated with a reduction program. The bill establishes the following GHG emission reduction targets, using a utility's 2019 GHG emissions as a baseline: By January 1, 2025, at least 5%; By January 1, 2030, at least 10%; and On and after January 1, 2035, at least 15%. GHG emission reductions from the delivery of natural gas to other utilities and transportation sector retail customers are excluded from the reduction programs. The following sources of GHG emission reductions are included in the reduction programs: Methane leaked from the transportation and delivery of natural gas from natural gas distribution and service pipelines; and Carbon dioxide emitted by the utility's retail customers (other than those in the transportation sector) as a result of the combustion of natural gas delivered by the utility. GHG emission reductions can be achieved by: Using renewable natural gas, which must account for at least 35% of the emission reductions; Emission offsets; Methane emission reductions from a variety of mechanisms; and Other programs developed by the utility and approved by the PUC that demonstrate GHG emission reductions. If a large utility's total incremental annual cost to meet the GHG emission reduction targets exceeds 2% of the large utility's total revenue requirement for a particular year, the large utility shall not make additional qualified investments under the reduction program for that year without approval from the PUC. Small utilities may opt in to the reduction program as established by the PUC by rule. The rule must include tradeable credits and a rate cap limiting the small utility's costs of making qualified investments. For included emission reductions and until 2025, a utility participating in a reduction program is not subject to any additional GHG emission reduction requirements or required to incur any additional costs under Colorado's generally applicable GHG emission reduction requirements if the utility: Files with the PUC a plan that contains approvable and cost-effective programs that make progress toward the GHG emission reduction targets and are projected to meet either the applicable emission reduction targets or the applicable retail rate impact; Reports GHG emission reductions consistent with the accounting methodology established by the division of administration in the department of public health and environment; and Is either projected to meet the GHG emission reduction targets in an applicable year or the PUC finds that the projected costs to achieve the emission reductions have met the applicable retail rate impact. The bill gives the oil and gas conservation commission the authority to authorize class VI injection permits, which authorize the deep sequestration of carbon dioxide. (Note: This summary applies to this bill as introduced.)
The public employees' retirement association (PERA) board (board) is required to create an exclusion list of all fossil fuel companies in whose stocks, securities, equities, assets, or other obligations PERA has any money or assets directly invested. The board is required to notify any company on the list of its inclusion on the list and of the divestment requirements of the bill. The board is required to periodically update the exclusion list. A company that was included on the exclusion list may request that it be removed from the list on the basis of clear and convincing evidence that it is not currently a fossil fuel company or that it will no longer meet such definition by a certain date. Within 6 months from the completion of the exclusion list, the board is required to issue a determination as to whether divestment from the companies on the exclusion list complies with the board's fiduciary obligations. If the board determines that divestment from any company on the exclusion list does not comply with its fiduciary obligations, the board will remove the company from the exclusion list. Beginning one year after the effective date of the bill, the board is required to: Divest the funds managed by PERA (fund) of any stocks, securities, equities, assets, or other obligations of companies on the exclusion list in which any money or assets of the fund are directly invested; and Cease new direct investments of any money or assets of the fund in any stocks, securities, or other obligations of any company that is a fossil fuel company. The board is required to complete divestment from fossil fuel companies by a specified date. Beginning one year after the effective date of the bill, the board is required to endeavor to ensure that no money or assets of the fund are invested in an indirect investment vehicle unless the board is satisfied that such indirect investment vehicle is unlikely to have in excess of 2% of its assets directly or indirectly invested in fossil fuel companies. The board is required to issue periodic reports to the members of the pension review commission of the general assembly outlining all actions taken to comply with the requirements of the bill. (Note: This summary applies to this bill as introduced.)
Under current law, a school district, charter school, or board of cooperative services (local education provider) may use per-pupil intervention money received pursuant to the "Colorado READ Act" to purchase core reading instructional programs (programs) that are on an advisory list of programs created by the department of education (department). The bill authorizes a local education provider to use per-pupil intervention money to purchase programs that are not on the advisory list but that the local education provider determines meet the criteria for placement on the list. After the local education provider has used the programs for 2 school years, the department must review the programs and the results achieved and determine whether the programs are effective in improving students' reading competency. If the programs are effective, the department must place the programs on the advisory list. If the programs are not effective, a local education provider may not subsequently use per-pupil intervention money to purchase the programs. (Note: This summary applies to this bill as introduced.)
The bill updates the "Ski Safety Act of 1979" by: Requiring each ski area to adopt and publish, in printed form and on the ski area's website, if any, a safety plan specifying the governance, management, and operational roles, responsibilities, and practices of the ski area to prevent accidents and reduce the frequency and severity of injuries; and Requiring ski areas with an elevation drop of 500 feet or more and at least one elevated lift to: Collect and disseminate seasonal data on ski and snowboard accidents and deaths, including those occurring while boarding or exiting lifts; and Collect and make available, upon request, specific information about each accident, including where and when it occurred, the conditions at the time, the type of injuries and whether death occurred on site or following medical transport, and specified nonprivate information about the injured person. The bill makes any failure to create, maintain, and publish a safety plan or provide the required reports or data grounds for discipline by the passenger tramway safety board. (Note: This summary applies to this bill as introduced.)
The bill creates the dialysis transportation provider reimbursement program (program) within the department of transportation. The program is created to reimburse dialysis transportation providers that transport dialysis patients who are 50 years of age or older and are not otherwise covered by medicaid. The program is funded by a per-treatment fee paid by each for-profit dialysis treatment clinic. (Note: This summary applies to this bill as introduced.)
Current law makes it a class 1 traffic misdemeanor when careless driving of a motor vehicle causes serious bodily injury to a vulnerable road user. The bill changes serious bodily injury to a vulnerable road user to serious bodily injury to anyone. (Note: This summary applies to this bill as introduced.)
