The bill allows a person who has been issued a penalty assessment for or has been convicted of a traffic infraction or traffic misdemeanor to make a donation of money or time to a nonprofit organization in lieu of paying the fine. The amount of fine that may be offset by a donation is limited to $500. (Note: This summary applies to this bill as introduced.)
Under current law, a physician is required to conduct an in-person physical examination of a person prior to certifying that the person would benefit from medical marijuana. The bill permits a physician to treat, counsel, and conduct appropriate personal physical examinations, in person or remotely via telephone or video conference, to establish a bona fide physician-patient relationship with a patient seeking a medical marijuana card. Under current law, retail marijuana stores are prohibited from selling retail marijuana and retail marijuana products online and to a person not physically present in the retail marijuana store's licensed premises. The bill repeals this prohibition. (Note: This summary applies to this bill as introduced.)
The property tax administrator is required by law to prepare and publish manuals, appraisal procedures, instructions, and guidelines (property tax materials) concerning the administration of the property tax. Beginning January 1, 2022, section 1 of the bill requires the administrator to conduct a public hearing on a proposed change to the property tax materials prior to submitting the proposed change to the advisory committee to the property tax administrator (advisory committee). The administrator must publish notice of the hearing and mail notice to those people who so request. At the hearing, interested persons may submit information and the administrator is required to consider these submissions. Any interested person may also petition the administrator for the issuance, amendment, or repeal of any property tax material. At least 2 weeks prior to the advisory committee reviewing a proposed change to the property tax materials, section 2 requires the property tax administrator to publish notice about the proposed change. Under current law, an assessor may, with the permission of the board of county commissioners, include an estimate of property taxes owed in a notice of valuation. Section 3 requires an assessor to include this estimate and allows the assessor to include a range of values. If in the consideration of a protest an assessor finds that he or she made a systematic error and the valuations of other similar properties are incorrect, section 4 requires the assessor to correct the error for the other similar properties.Sections 4 through 9 extend all deadlines related to protests of the valuation of real or personal property and for appeals to the county board of equalization to the same day of the following month. The deadline for a county assessor to report the total valuation for assessment of land and improvements within a county is likewise delayed.(Note: This summary applies to this bill as introduced.)
The bill allows a retailer to advertise, directly or indirectly, or imply, that the retailer will absorb or pay any or all sales or use tax on purchases of tangible personal property or services sold. (Note: This summary applies to this bill as introduced.)
The bill prohibits a legal entity that targets products or services to people in Colorado (covered entity) from collecting, storing, or using biometric identifiers of a Colorado consumer unless it: Provides the consumer with information about what biometric identifiers are collected; Obtains the consent of the consumer to the collection, storage, or use of the biometric identifiers; and Informs the consumer that the consumer can revoke consent at any time and how to do so. If a consumer revokes consent to collect, store, or use biometric identifiers, the covered entity is required to cease collection within 30 days and to delete or destroy any biometric identifiers it has stored. A violation of the bill's requirements is an unfair or deceptive trade practice. A governmental entity is prohibited from acquiring, possessing, or using biometric identifiers or a biometric surveillance system unless authorized by statute. A governmental entity is prohibited from selling, releasing, or publicly disclosing biometric identifiers or information from a biometric surveillance system in its possession and from buying or otherwise receiving such information from a third party, unless: The sale, disclosure, or receipt of the information is necessary to comply with a court order or rule or with state or federal law; or The person who is the subject of the information consents in writing. An individual can bring a private right of action against a governmental entity that violates the bill's requirements. Upon a finding of a violation, a court can award actual damages, punitive or exemplary damages, reasonable attorney fees and costs, and other relief. "Biometric identifier" is defined to include a retina or iris scan, a voice print, a face print, a fingerprint or palm print, or any other unique identifying information based on an individual's immutable characteristics. (Note: This summary applies to this bill as introduced.)
The bill allows the state department of human services (state department), along with the child care allocation workgroup, to consider a utilization factor. This utilization factor would enable the state department to consider the volume of the eligible population and the service delivery cost to each county department of human or social services (county department) when allocating and distributing money for the Colorado child care assistance program (CCCAP). The bill further allows a county department to set its own eligibility levels for CCCAP, expressed as a percentage of the federal poverty level.(Note: This summary applies to this bill as introduced.)
The bill prohibits an employer, including a licensed health facility, from taking adverse action against an employee or an applicant for employment based on the employee's or applicant's COVID-19 immunization status. The bill allows an aggrieved employee or applicant for employment to file a civil action for injunctive, affirmative, and equitable relief and, if the employer or health facility acted with malice or wanton or willful misconduct or has repeatedly violated the law, the court may also award punitive damages and attorney fees and costs. Additionally, the bill specifies that the COVID-19 vaccine is not mandatory, that the state cannot require any individual to obtain a COVID-19 vaccine, and that government agencies and private businesses, including health insurers, cannot discriminate against clients, patrons, or customers based on their COVID-19 vaccination status. A person aggrieved by a violation of these prohibitions may file a civil action for injunctive and other appropriate relief and may be awarded punitive damages and attorney fees and costs for wanton, willful, or repeated violations. (Note: This summary applies to this bill as introduced.)
Under current law, a retail marijuana store licensee may have a marijuana delivery permit associated with its store license. The bill requires the store to be open at least 5 days a week and at least 5 hours a day to have a delivery permit. The bill limits delivery sales to only retail marijuana, retail marijuana products, or branded merchandise that is available for sale from the retail marijuana store and requires the prices to be the same as the in-store price. The bill prohibits an online platform from holding pre-paid accounts for a licensed retail marijuana store. The bill waives the licensing fee for a transporter applicant who is a social equity licensee. The bill prohibits a medical or retail marijuana business operator from engaging in the delivery of regulated marijuana. (Note: This summary applies to this bill as introduced.)
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.)
