Rep. Edie Hooton

The creative industries division in the office of economic development is authorized to spend money credited to the creative industries cash fund from the capital construction fund for the purposes of the art in public places program that is unexpended and unencumbered at the end of a fiscal year in the next 2 fiscal years, rather than in the next fiscal year only, without further appropriation. (Note: This summary applies to this bill as enacted.)

The act expands the statutory list of state laws for which the attorney general may bring civil and criminal enforcement actions to include various statutory provisions relating to housing. The act also creates the fair housing unit within the department of law. When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the act permits the attorney general to investigate any person or organization that is otherwise subject to the attorney general's existing statutory authority. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in the act impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the attorney general's existing legal authority. When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of certain housing-related statutes, the attorney general may take various steps, enumerated in the act, to investigate the possible violation. The act specifies requirements concerning the venue in which enforcement actions may be brought, the issuance of subpoenas and the production of documents, admissibility of testimony, remedies for failure to cooperate or to obey a subpoena, injunctive authority and assurances of discontinuances, penalties, and the limitations period governing the filing of an action alleging violations of housing-related statutes. (Note: This summary applies to this bill as enacted.)

The act authorizes a district attorney or a deputy or assistant district attorney (district attorney), in investigating a complaint alleging a violation of consumer protection laws, to request records from a state or local licensing authority (licensing authority) regarding a person that the licensing authority regulates (regulated person) and that is the subject of the complaint if the complaint alleges: The complainant suffered damages in an amount of at least $20,000 and the district attorney determines the amount alleged appears to be reasonable in relation to the alleged conduct forming the basis of the complaint; or 2 or more regulated persons jointly engaged in conduct that forms the basis of the complaint. The act only applies to those state licensing authorities that authorize a licensee to perform activities at specific premises. A district attorney's authority to request records from a licensing authority does not apply with respect to a complaint alleged against a person regulated by a board or commission. The licensing authority shall share with, and allow inspection of its records by, the district attorney upon receipt of such request if the licensing authority has already determined not to take action against the regulated person or persons. Additionally, the act authorizes a state licensing authority, subject to approval by the head of the executive department in which the state licensing authority is located, to enter into an interagency agreement with the attorney general or the attorney general's designee for the referral of complaints alleging violations of consumer protection laws. A regulated person is entitled to costs and reasonable attorney fees incurred and actual damages sustained in relation to the district attorney's or attorney general's investigation and in relation to a licensing authority's investigation in a related matter if a court determines that the complaint that led to the district attorney's or attorney' general's investigation is frivolous, groundless, and was filed in bad faith or if the regulated person prevails or substantially prevails in the matter. (Note: This summary applies to this bill as enacted.)

The act prohibits a common interest community's unit owners' association from regulating the use of a public right-of-way. (Note: This summary applies to this bill as enacted.)

The bill requires an electric or gas utility to determine if a forecasted severe weather event (event) warrants notification to its customers located in the path of the event. If the utility determines notification is warranted, the utility shall send notification to its customers to inform customers of the event, provide specific suggestions for how to conserve energy, alert customers to the potential electricity or fuel price increase resulting from the event, and provide customer service contact information for the utility. A utility shall send notification to customers by 2 or more types of immediate communication, including text messages or alerts, e-mails, or telephone calls. Additionally, the utility may issue a public service announcement on one or more television or radio stations.(Note: This summary applies to this bill as introduced.)

An existing statute allows a municipality or county to adopt an ordinance or resolution specifying that a person riding a bicycle, electrical assisted bicycle, or electric scooter may make a safety stop, rather than a full stop, under certain circumstances when approaching an intersection that is controlled by a stop sign or a traffic control signal as follows: When approaching a stop sign, if it is safe to proceed, the person may, after slowing to a reasonable speed of 15 miles per hour or less, or 10 or 20 miles per hour or less if so specified by a municipality or county for a particular intersection and marked with appropriate signage, and yielding the right-of-way to any traffic or pedestrian in or approaching the intersection, continue through the intersection without stopping; and When approaching an illuminated red traffic control signal, the person must first stop at the intersection and yield to all other traffic and pedestrians and then, when safe to do so, may proceed straight or make a right turn through the intersection or, subject to specified conditions, make a left turn onto a one-way street only. The act amends the statute to make the substantive requirements described above uniform statewide for most persons 15 years of age or older or under 15 years of age and accompanied by an adult who are approaching a controlled intersection and are not operating a motor vehicle; except that the statewide "reasonable speed" is 10 rather than 15 miles per hour or less and the only municipal or county "reasonable speed" variance option is to increase the maximum "reasonable speed" for a particular intersection to 20 miles per hour. Such persons include pedestrians approaching a controlled intersection with a stop sign and operators of low-speed conveyances, as defined in the act, approaching a controlled intersection with a stop sign or a traffic control signal. However, if a county or municipality has placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign or traffic control signal provides instructions only to one or more specified types of low-speed conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic control signal is directed is required to obey the instructions provided by the traffic sign or traffic control signal. The regulation of persons approaching controlled intersections is declared to be a matter of mixed state and local concern, and the amended statute is thus declared to supersede any conflicting local ordinance or resolution but not to affect the validity of any nonconflicting local ordinance or resolution that regulates the conduct of persons approaching controlled intersections. The act does not create any right for a pedestrian or the operator of a low-speed conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state law or a local ordinance or resolution. The department of transportation, in collaboration with the departments of education and public safety and appropriate nonprofit organizations and advocacy groups, is required to incorporate legal requirements and safe practices for approaching controlled intersections as a pedestrian or while operating a low-speed conveyance into educational materials for persons under the age of 18 and the general public. The division of motor vehicles in the department of revenue is required to include in updates to the "Colorado Driver Handbook" updated information regarding legal requirements and safe practices for approaching controlled intersections that reflect the changes made by the act. (Note: This summary applies to this bill as enacted.)

Current law states that, with certain exceptions, a unit owners' association (association) of a common interest community (community) may regulate the use of common elements of the community (common elements). The act states that, in regulating the use of common elements, an association shall preserve and protect unit owners' ability to use and enjoy common elements and shall not unreasonably restrict or prohibit unit owners' access to, or enjoyment of, any common element. During maintenance, repair, replacement, or modification of a common element, an association may restrict or prohibit unit owners' access to, and enjoyment of, a common element only to the extent and for the length of time necessary to: Protect the safety of any individuals, including unit owners and individuals performing the maintenance, repair, replacement, or modification of the common element; or Preserve the structural integrity or condition of a repair, replacement, or modification. If an association must restrict or prohibit unit owners' access to one or more common elements for more than 72 hours, the association shall provide an electronic or written notice to each unit owner and post a visible, clearly legible notice at each physical access point to the common element, which notice includes: A simple explanation of the reason for the restriction or prohibition; An indication of the estimated time or date upon which the restriction or prohibition will no longer exist; and A telephone number or e-mail address whereby a unit owner may pose questions or concerns about the restriction or prohibition for the consideration of the association.(Note: This summary applies to this bill as enacted.)

The act allows a person to operate a licensed medical marijuana business and a licensed retail marijuana business at the same location if permitted by the local licensing authority and the local jurisdiction where the businesses are located and subject to requirements regarding separation of operations. (Note: This summary applies to this bill as enacted.)

The bill prohibits an employer from taking adverse action against an employee, including an applicant for employment, who engages in the use of: Medical marijuana on the premises of the employer during working hours; or Retail or medical marijuana off the premises of the employer during nonworking hours. An employer is permitted to impose restrictions on employee use of medical or retail marijuana under specified circumstances. (Note: This summary applies to this bill as introduced.)

The act excludes a special district director (director) who begins service as a director on or after July 1, 2022, from becoming eligible for membership in the public employees' retirement association (PERA) due to the director's service as a director. (Note: This summary applies to this bill as enacted.)