Rep. Javier Mabrey

The act changes the refund mechanism for state revenues that exceed the state's fiscal year spending limit (TABOR refunds). Before passage of the act, 3 refund mechanisms for TABOR refunds applied for the 2022-23 state fiscal year: Reimbursement, paid to counties for allocation to local governments that levy property taxes, for the reduction in property taxes resulting from the property tax exemptions for qualifying seniors and veterans with a disability; An additional reimbursement that is paid to counties for allocation to local governmental entities that levy property taxes for the reduction in property taxes resulting from reductions in valuation for assessment; and A sales tax refund for individual taxpayers, the amount of which is either based on 6 tiers of income or, if there is insufficient revenue for the tiered approach, is an identical refund amount. The act creates a new temporary refund mechanism that replaces the sales tax refund mechanism for the 2022-23 state fiscal year. Under this mechanism, each qualified individual is eligible to receive an identical refund payment from the remaining excess state revenues after refunds are made through the county reimbursement mechanisms (remaining excess state revenues). The amount of the refund is equal to the amount of remaining excess state revenues divided by the number of qualified individuals, and it is a refund from all sources of state fiscal year spending. A qualified individual filing a single return is entitled to one refund, and 2 qualified individuals filing a joint return are entitled to 2 refunds. The executive director of the department of revenue is required to administer this refund in the same manner as the identical sales tax refund. The refund is not to be reported to the department of revenue as a payment of a refund, credit, or offset of state income taxes in any information return required to be filed pursuant to federal law. APPROVED by Governor November 20, 2023 EFFECTIVE November 20, 2023(Note: This summary applies to this bill as enacted.)

For health coverage plans issued or renewed on or after January 1, 2024, the act requires a health insurance carrier (carrier) that provides coverage for prescription auto-injectors (injectors) to cap the total amount that a covered person is required to pay for injectors at an amount not to exceed $60 for a 2-pack of the injectors. The act allows coverage for injectors to be offered through a high deductible plan that qualifies for a health savings account, and a carrier may apply deductible amounts if the coverage is not considered by the United States department of the treasury to be preventive or to have an acceptable deductible amount. Effective January 1, 2024, the act creates an epinephrine auto-injector affordability program (program) to provide low-cost injectors to eligible individuals. By January 1, 2024, each manufacturer must establish procedures and make injectors available as prescribed in the act to eligible individuals who hold a valid prescription for injectors. The act establishes eligibility requirements that residents of Colorado must meet in order to be eligible for the program. The act requires the division of insurance in the department of regulatory agencies (division) to create an application for the program for use by an individual seeking injectors through the program and requires the division and the department of health care policy and financing to make the application available on their websites and to promote the availability of the program. A pharmacy that dispenses injectors is authorized to collect a copayment not to exceed $60 from the individual to cover the pharmacy's costs of processing and dispensing a 2-pack of injectors. A manufacturer of injectors: Is required to make injectors available to individuals through the program; May be required to reimburse the dispensing pharmacy in an amount that the pharmacy paid for the number of injectors dispensed through the program or send the pharmacy a replacement supply of the same number of injectors; Is required to develop a process for a pharmacy to submit electronic reimbursement claims. If a manufacturer fails to comply with the requirements of the act, the manufacturer engages in a deceptive trade practice and is subject to a $10,000 fine for each month of noncompliance. The act appropriates $58,291 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. APPROVED by Governor June 7, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless: The court does not have the technology available to do so; The court has ordered that the public is excluded from the proceeding; Technology, staffing, or internet issues limit or prevent remote observation; or After a request or on the court's own motion, the court makes findings that: The remote observation of live proceedings risks compromising the safety of any person, the defendant's right to a fair trial, or the victim's rights; and There is no less restrictive alternative that preserves the public interest in remote observation. The act also requires the court to post links on its website for the remote observation. The also act requires the court to: Take reasonable steps to ensure that no audio or visual transmission of privileged, confidential communications occurs; and If a proceeding is subject to a sequestration order, take reasonable steps to ensure compliance with the sequestration order. If a court does not have sufficient existing staff or technology to allow remote observation to the public but later obtains such staff or technology, the act requires the court to comply with the act within 90 days after obtaining the necessary staff or technology. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

For consumer credit transactions made or renewed on or after January 1, 2024, the act modifies the requirements for alternative charges for loans not exceeding $1,000 as follows: Reduces the permissible acquisition charge on the original loan from 10% to 8% of the amount financed and increases the permissible acquistion charge on any refinanced loan from 7.5% to 8%; Reduces the permissible amount for a monthly installment account handling charge; Increases the minimum loan term from 90 days to 6 months; Eliminates delinquency charges for the loan; Amends the conditions upon which an acquisition charge must be refunded to the consumer by eliminating the 60-day deadline for prepaying in full, refinancing, or consolidating a loan and changes how the unearned portions of the acquisition charge and monthly installment handling charges are calculated; Details the requirements for an application for the loan and specifies how the loan application requirements impact a determination of unconscionability of the loan; and Decreases the number of times a lender may refinance a consumer loan from 3 times in a year to once in a year. For consumer credit transactions made or renewed on or after July 1, 2024, the act: Opts Colorado out of the amendments to the "Federal Deposit Insurance Act", the federal "National Housing Act", and the "Federal Credit Union Act" and specifies that rates established in the Colorado "Uniform Consumer Credit Act" apply to consumer credit transactions in this state; and Repeals provisions specifying that lender or seller credit cards issued by a credit card bank or financial institution are subject to limitations on finance charges in statute and instead specifies that genera-purpose credit cards are not subject to limits on finance charges and fees applicable to consumer credit transactions specified in state law. APPROVED by Governor June 5, 2023 PORTIONS EFFECTIVE June 5, 2023 PORTIONS EFFECTIVE July 1, 2024 PORTIONS EFFECTIVE January 1, 2024(Note: This summary applies to this bill as enacted.)

The act amends the "Uniform Consumer Credit Code" (code) by: Updating the renewal dates for entities required to be licensed under the code from January 31 of each year to July 1 of each year; Creating the consumer credit unit cash fund, into which all fees collected under the code on and after July 1, 2024, must be deposited; and Repealing the uniform consumer credit code cash fund and the collection agency cash fund and transferring the balances remaining in the funds to the consumer credit unit cash fund. The act amends language in the "Colorado Fair Debt Collection Practices Act" relating to the duty of the code administrator to maintain confidentiality to align with the code and the "Colorado Student Loan Equity Act". The act amends the "Colorado Student Loan Equity Act" by: Requiring licensed entities to include an annual report upon application for license renewal; Changing the term "private education loan" to "private education credit obligation" and updating corresponding terms accordingly; Defining the term "refinanced" and excluding student loans subject to refinancing from registration requirements; and Including a cosigner within the definition of "borrower". The act authorizes collection agencies, persons who provide debt-management services, and student loan servicers to allow their employees to work remotely. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act extends the community crime victims grant program (grant program) 5 years from the current repeal date of September 1, 2023, to September 1, 2028, and requires a sunset review of the grant program before the grant program's future repeal. The act allows the department of public health and environment to use money appropriated to the community crime victims grant program cash fund for the 2022-23 state fiscal year in the 2023-24 state fiscal year. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act expands conditions covered under the warranty of habitability for residential premises to include damage due to an environmental public health event. The act requires a landlord to have a residential premises remediated to a condition that complies with applicable standards for the remediation and clean up of residential premises after damage due to an environmental public health event. The act also clarifies landlord responsibilities regarding the warranty of habitability and how a tenant must give notice to a landlord if there are habitability issues with the tenant's residence. The act prohibits a landlord from retaliating against a tenant for making a good faith complaint about the conditions of the residential premises and provides conditions by which a tenant may terminate a lease if a habitability issue is not remediated. The act also specifies conditions by which certain vulnerable populations may terminate a lease if the residential premises has been damaged due to an environmental public health event that would be detrimental to the health, safety, or quality of life of those vulnerable populations. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)

The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment; The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation; Conditions exist constituting grounds for a no-fault eviction. The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement. The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; or Occupancy of the residential premises assumed by the landlord or a family member of the landlord; Expiration of time-limited housing operated by a mission-driven organization; and Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises. With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction: An individual who is less than 18 years of age or at least 60 years of age; A low-income individual; or An individual with a disability. If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant. A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are: When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The bill eliminates these provisions. Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours. (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 act allows a health-care provider to prescribe, dispense, or administer a schedule II, III, IV, or V controlled substance (drug) to a patient in the course of treatment for a diagnosed condition that causes chronic pain. The act also clarifies that the prescribing health-care provider is not subject to disciplinary action by the appropriate regulator for prescribing a dosage of a drug that is equal to or more than a morphine milligram equivalent dosage recommendation or threshold specified in state or federal opioid prescribing guidelines or policies. The act prevents a health-care provider from being required to taper a patient's medication dosage solely to meet a predetermined dosage recommendation or threshold if the patient is stable, compliant with treatment, and not experiencing serious harm. The act also prohibits a pharmacy, health insurance carrier, or pharmacy benefit manager from having a policy in place that requires a pharmacist to refuse to fill a prescription for an opiate issued by a health-care provider solely because the prescription is for an opiate or because the prescription order exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold. The act also prohibits a health-care practice or clinic from having a policy in place that requires a health-care provider to refuse to prescribe, administer, or dispense a prescription for an opiate solely because the prescription order exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)

Current law limits product liability actions against manufacturers of firearms and ammunition to situations in which there was a defect in the design or manufacture of a firearm or ammunition. The act repeals that limitation. The act defines the terms "firearm industry member" (industry member) and "firearm industry product" (industry product) and requires each industry member that is engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of an industry product in Colorado to establish and implement reasonable controls and precautions related to the industry product in its control. An industry member shall not knowingly engage in conduct, through acts or omissions, that violates statutory firearms provisions or the "Colorado Consumer Protection Act". If an industry member's knowing violation of the provisions of the act creates a reasonably foreseeable risk of harm, the violation is presumed to be the proximate cause of the harm in an action brought pursuant to the act. An intervening act by a third party, including unlawful misuse of an industry product, does not protect an industry member from liability. A cause of action may be brought within 5 years after the date that the violation or harm occurs. APPROVED by Governor April 28, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)