Rep. Javier Mabrey

Beginning on January 1, 2025, the act requires a delivery network company (DNC) to provide various disclosures to its drivers and to consumers of the DNC. The disclosures include payments that a consumer makes to the DNC, the amount that the DNC then pays to a driver, and the distances traveled to complete a delivery task. A DNC is prohibited from decreasing the amount the DNC pays a driver for a delivery task based on the amount of a consumer's tip for that delivery task, and a DNC must pay the driver all tips paid by the consumer. The act imposes specific requirements on the manner in which a DNC may provide contracts to drivers and merchants. The act specifies how a DNC may deactivate a driver from the DNC's digital platform, including: Requiring that a DNC disclose specified information about the DNC's deactivation policy and any revisions to the policy to drivers; and Creating internal account deactivation challenge procedures by which a driver may challenge the driver's deactivation and take steps, if any, to remedy a violation and become reinstated on the DNC's digital platform. The act requires that, when a DNC connects a consumer to a driver, the DNC prompt the consumer to encourage the consumer to ensure driver safety upon arrival, including ensuring a clear, well-lit, safe delivery path and properly securing all pets. The act requires that DNCs allow drivers at least 60 seconds to decide to accept a delivery task offer. The division may investigate and impose fines against a DNC for violations of the act. A consumer or driver aggrieved by a violation may file a civil suit against the DNC that committed the violation. The act exempts a DNC from complying with certain requirements with respect to drivers who receive an annual federal form W-2 from the DNC. The director of the division is required to adopt rules necessary to implement the requirements of the act. For the 2024-25 state fiscal year, $163,409 is appropriated from the general fund to the department of labor and employment for use by the division of labor standards and statistics to implement the act. APPROVED by Governor June 4, 2024 PORTIONS EFFECTIVE August 7, 2024 PORTIONS EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

The act makes it a deceptive trade practice under the "Colorado Consumer Protection Act" for a manufacturer of insulin to fail to comply with the manufacturer requirements under the insulin affordability program and for the emergency supply of prescription insulin. The act also authorizes the attorney general to enforce the epinephrine auto-injector affordability program (epinephrine program). For the insulin affordability program, the state board of pharmacy (board), rather than the division of insurance (division) and the department of health care policy and financing (department), shall develop an application form for the insulin affordability program, make the application form available on the board's website, provide the application form to pharmacies and health-care providers and others, and promote the availability of the program to Coloradans. For the emergency supply of prescription insulin, the board, rather than the division and the department, shall develop an application form for individuals seeking an emergency supply of prescription insulin, make the application form available to the public, and promote the availability of the emergency supply of prescription insulin to Coloradans. The act also changes the amount of a fine for a manufacturer's failure to comply with the requirements of the insulin affordability program or with the requirements for the emergency supply of prescription insulin, or for failure to comply with the epinephrine program, to the amount and frequency of the fine that is permitted under the "Colorado Consumer Protection Act". For the epinephrine program, the act requires all manufacturers subject to the epinephrine program to participate in the epinephrine program. The board shall develop a program application form and make the form available to individuals, pharmacies, health-care providers, and health facilities through the board's website, with each manufacturer required to link to the epinephrine program on the manufacturer's website. The board shall also provide information to pharmacies about the epinephrine program that includes a quick response (QR) code to allow individuals to access the epinephrine program's application online, including how to submit the application, and information necessary for a dispensing pharmacy to successfully submit an electronic claim for reimbursement of the cost to dispense an epinephrine auto-injector to an individual, above any required cost sharing by the individual. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

Effective October 1. 2025, the act amends the "Colorado Privacy Act" to add enhanced protections when a minor's data is processed and there is a heightened risk of harm to minors. The act applies to any entity that controls consumer personal data (controller) and that conducts business in Colorado or delivers products or services that are targeted at Colorado residents, regardless of the volume of or amount of revenue derived from that activity. A controller that offers an online service, product, or feature to a consumer who the controller knows or willfully disregards is a minor is required to: Use reasonable care to avoid any heightened risk of harm to minors caused by the service, product, or feature; and Conduct, and review as necessary, a data protection assessment for the service, product, or feature if there is a heightened risk of harm to minors and maintain documentation regarding the assessment for a specified period. Unless the minor or, for a minor who is under 13 years of age, the minor's parent or legal guardian has consented, a controller is prohibited from processing a minor's personal data: For targeted advertising, selling the minor's personal data, or profiling in furtherance of decisions that produce legal or similarly significant consequences; For any processing purpose other than the purpose disclosed at the time the minor's personal data is collected or a purpose reasonably necessary for the disclosed processing purpose; or For longer than reasonably necessary to provide the service, product, or feature. Absent consent, a controller is also prohibited from: Using a system design feature to significantly increase, sustain, or extend a minor's use of the service, product, or feature; or Collecting a minor's precise geolocation, except under specified circumstances. Neither a controller nor a processor that processes personal data for a controller is required to implement an age verification or age-gating system or otherwise affirmatively verify the age of consumers, and a controller that conducts commercially reasonable age estimation is not liable for an erroneous age estimation. The attorney general and district attorneys are authorized to enforce the requirements of the act in the same manner as authorized under the "Colorado Privacy Act", including notifying a controller of, and allowing a controller time to cure, a violation. APPROVED by Governor May 31, 2024 EFFECTIVE October 1, 2025(Note: This summary applies to this bill as enacted.)

The act implements the recommendations in the 2023 sunset report by the department of regulatory agencies by: Continuing the regulation of debt-management service providers for 11 years, to 2035; Requiring a debt-management service provider to maintain records of the education provided to an individual; Requiring settlement agreements between a consumer and creditor to be in writing; and Requiring fees paid by debt-management service providers to be set administratively instead of through the rule-making process. APPROVED by Governor May 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act increases the amount of the fine for a violation of the Colorado anti-discrimination act from not less than $50 or more than $500 to $3,500 and specifies that a nonprofit does not directly or indirectly participate or intervene in a political campaign merely by renting out space for a political event at the nonprofit's customary and usual rates. APPROVED by Governor May 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The bill requires all private insurance companies to provide coverage for the treatment of the chronic disease of obesity and the treatment of pre-diabetes, including coverage for intensive behavioral or lifestyle therapy, bariatric surgery, and FDA-approved anti-obesity medication. No later than January 2025 The bill requires the department of health care policy and financing (department) to seek federal authorization to provide treatment for the chronic disease of obesity and the treatment of pre-diabetes. Within existing appropriations and upon receiving federal authorization, the department is required to notify medicaid members in writing about the availability of the treatment. (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 length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/hb24-1030-bill-summary (Note: This summary applies to this bill as enacted.)

The bill amends the Colorado "Uniform Consumer Credit Code" (UCCC) to change the terms and interest rates a nondepository institution may charge in a consumer credit transaction. For a consumer credit transaction in which a nondepository institution makes a supervised loan or a consumer credit sale, the bill amends the calculation of the total amount of the finance charge that the nondepository institution may contract for and receive to include the total cost of specific additional charges. The bill amends the additional charges that the nondepository institution may contract for and receive and subjects specified additional charges to rule-making by the administrator of the UCCC (administrator). The bill removes the requirement that the rules issued by the administrator be consistent with the federal "Truth in Lending Act" and the federal "Consumer Leasing Act". (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 establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill states that a landlord, may not employ or rely upon an algorithmic device in setting the amount of rent to be charged to a tenant for the occupancy of a residential premises, may not employ or rely upon an algorithmic device that uses, incorporates, or was trained with nonpublic competitor data . A violation of the prohibition is person who violates or assists another person in violating the prohibition commits an unfair or deceptive trade practice under the "Colorado Consumer Protection Act" and may be punished accordingly. (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.)