Rep. Colin Larson

The bill exempts a business from a public health agency order or executive order requiring businesses to close if: The products sold or services offered by the business are also available at a business that has not been required by the applicable order to cease or limit operations and the open business is operating at a physical location in the geographical area that is subject to the order; and The business that is required by the applicable order to limit or cease operations complies with any safety precautions that the order requires of businesses that are permitted to continue operations.(Note: This summary applies to this bill as introduced.)

The act recreates, with amendments, the "Occupational Therapy Practice Act" (Act), which repealed September 1, 2020. Specifically, the act:Recreates and extends the Act for 9 years, until 2030; Modifies the legislative declaration and definitions related to the scope of practice of occupational therapy; Designates "occupational therapy consultant", "M.O.T.", "M.O.T./L.", "occupational therapy assistant", "O.T.A.", and "C.O.T.A." as protected titles and clarifies that individuals who legally practice temporarily as occupational therapists in Colorado may use protected titles; Reorders and amends certain provisions concerning examinations and applications for licensure by occupational therapists and occupational therapy assistants; and Adds certain prohibited behaviors as grounds for discipline.(Note: This summary applies to this bill as enacted.)

The bill exempts a business from a public health agency order or executive order requiring businesses to close if: The products sold or services offered by the business are also available at a business that has not been required to cease or limit operations by the order and the open business is operating at a physical location in the area affected by the order; and The business that was required to limit or cease operations complies with any safety precautions that the order requires of businesses that are permitted to continue operations.(Note: This summary applies to this bill as introduced.)

Senate Bill 20-205, enacted in 2020, required each employer with 16 or more employees to provide paid sick leave to employees beginning January 1, 2021, and every employer to provide paid sick leave beginning January 1, 2022. This bill delays each of these requirements by one calendar year. The amount of wages paid to an individual employee on which an employer is required to pay premiums into the unemployment compensation fund is scheduled to increase in the calendar year beginning January 1, 2021, and each year thereafter pursuant to Senate Bill 20-207, enacted in 2020. This bill delays the first increase until the calendar year beginning January 1, 2022, and delays each subsequent increase thereafter by one year. Senate Bill 20-207 also prohibited the division of unemployment insurance in the department of labor and employment from assessing a solvency surcharge against employers to be paid into the unemployment compensation fund for the calendar years 2021 and 2022. This bill extends this prohibition through the calendar year 2023. Senate Bill 20-215, enacted in 2020, required that the health insurance affordability enterprise assess and collect fees from health insurance carriers each year starting in 2022. This bill delays the assessment and collection of the fees by one calendar year. (Note: This summary applies to this bill as introduced.)

Sections 1 through 8 of the act raise the minimum age of a person to whom cigarettes, tobacco products, and nicotine products (products) may be sold from 18 years of age to 21 years of age. A products retailer must card anyone seeking to purchase products who appears to be under 50 years of age at the time of purchase. Section 1 repeals criminal penalties against a minor for purchasing or attempting to purchase a product. Section 7 prohibits a retailer from permitting a person under 18 years of age to sell or participate in the sale of products. Section 8 also: Increases the minimum number of compliance checks required of each retail location at which the products are sold to 2 per year or at least the minimum number annually required by federal regulation, whichever number is greater; and Requires the executive director of the department of revenue (executive director) to adopt rules concerning enforcement of the laws governing the regulation of products, including rules: Regarding enforcement coordination between the division of liquor enforcement (division) in the department of revenue and local licensing authorities and regarding enforcement against products smuggling; Regarding fees, which must not exceed $400 per year, unless the executive director determines that statewide compliance with products regulation has dropped below 90%, at which time the executive director may, by rule, raise the maximum fee to $600; and Authorizing a single, large-operator license fee for retailers with more than 10 retail locations, which fee is not subject to the general maximum fee amount. Section 9 requires every retailer of the products in the state, on and after July 1, 2021, to obtain a license for each retail location owned. The division is charged with licensing retailers and coordinating with local authorities on retail location compliance checks and investigations of complaints about retailers. Section 10 prohibits: New retail locations at which products are sold from being located within 500 feet of a school unless a local licensing authority has approved a license application for the new retail location; Retail locations that sell electronic smoking device products from advertising those products in a manner that is visible from outside the retail location; and Delivery of products, other than cigars and pipe tobacco, directly to consumers unless the delivery is made by an owner or employee of a licensed retailer who is at least 21 years of age and, at the time of delivery, checks the identification of the individual receiving the delivery to determine that the individual is 21 years of age or older. Section 11 authorizes the division to seek injunctive relief against a person who violates the act and impose fines on or suspend or revoke the state license of a retailer found to have violated the act. Section 12 adjusts the fine amounts for violating the prohibition against selling products to minors from a maximum fine of $1,000 to $15,000 for a fifth or subsequent violation within 24 months to a maximum fine of $1,000 to $15,000 for a fourth or subsequent violation within 24 months. Additionally, the division must prohibit a retailer who commits a second or subsequent violation within 24 months from selling products at the retail location where the violation occurred for a specified period of time, starting with at least 7 days for a second violation within 24 months, to at least 30 days for a third violation within 24 months, and finally for up to 3 years for a fourth or subsequent violation within 24 months. Additionally, section 12 establishes fines ranging from $1,000 for a first violation to $3,000 for a third or subsequent violation within 24 months for the following violations: Advertising electronic smoking device products at a retail location where they are sold in a manner that is visible from outside the retail location; Delivering products without complying with the delivery requirements; and Selling or offering to sell products without a valid state license. If a person sells or offers to sell products without a valid state license at least 3 times within 24 months, the person is not eligible to apply for a state license for 3 years thereafter. Further, section 12 also applies the same fine structure that applies to selling products from a vending machine or failing to display the requisite warning to a violation of the prohibition against allowing a person under 18 years of age to sell or participate in the sale of products. For the 2019-20 state fiscal year, the act appropriates $45,414 to the department of revenue from the liquor enforcement division and state licensing authority cash fund (cash fund) for implementation of the act. For the 2020-21 state fiscal year, the act appropriates: $2,391,262 to the department of revenue from the cash fund for implementation of the act; $98,605 to the department of law from reappropriated funds received from the department of revenue for legal services for the department of revenue; and $69,450 to the department of personnel from reappropriated funds received from the department of revenue for vehicle replacement lease or purchase.(Note: This summary applies to this bill as enacted.)

The act implements, with amendments, the recommendations of the department of regulatory agencies (department) in its sunset review and report on the licensing of occupational therapists and occupational therapy assistants (OTAs) by the director of the division of professions and occupations in the department. Specifically, the act: Continues the "Occupational Therapy Practice Act" for 10 years, until 2030; Modifies the legislative declaration and definitions related to the scope of practice of occupational therapy; Designates "occupational therapy consultant", "M.O.T.", "M.O.T./L.", "occupational therapy assistant", "O.T.A.", and "C.O.T.A." as protected titles and clarifies that individuals who legally practice temporarily as occupational therapists in Colorado may use protected titles; Reorders and amends certain provisions concerning examinations and applications for licensure by occupational therapists and OTAs; and Adds certain prohibited behaviors as grounds for discipline.(Note: This summary applies to this bill as enacted.)

The act authorizes a business (retailer) with one of the following types of alcohol beverage licenses to sell and deliver alcohol beverages to customers, including by the drink, for off-premises consumption and to allow customers to take alcohol beverages off the licensed premises: A manufacturer or wholesaler license, if the retailer operates a sales room; A beer and wine license; A hotel and restaurant license; A tavern license; A brew pub license; A club license; A vintner's restaurant license; A distillery pub license; A lodging and entertainment license; or A fermented malt beverage on- and off-premises retailer's license or on-premises retailer's license. To engage in the sale and delivery of alcohol beverages for off-premises consumption, a retailer must: Sell or deliver the alcohol beverages in a sealed container that complies with state licensing authority rules; Sell or deliver alcohol beverages only to a customer who is 21 years of age or older; If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, a brew pub, a vintner's restaurant, or a distillery pub, sell or deliver no more than 750 milliliters of vinous liquors and spirituous liquors and no more than 72 fluid ounces of malt liquors, fermented malt beverages, and hard cider; If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, derive no more than 50% of its gross annual revenues for sales of food and alcohol beverages from the sale of alcohol beverages through takeout orders and deliveries; If the governor has not declared a disaster emergency, obtain a state and, if applicable, local permit to sell takeout or deliver alcohol beverages; and Permit delivery only by an employee of the licensee who is 21 years of age or older and who has satisfactorily completed seller and server training under the responsible vendor program. The act directs the state licensing authority to adopt rules: Specifying the types of containers to be used for delivery of alcohol beverages; Creating a state permit for retailers to engage in takeout and delivery of alcohol beverages; Setting fees for takeout and delivery state permits; and Concerning any other matters necessary to implement the bill act. If a business demonstrates the ability to comply with the requirements of the act, the state licensing authority is required to issue a takeout and delivery permit to the retailer. The act authorizes local licensing authorities to create a local takeout and delivery permit and establish fees to process and approve applications. If a local licensing authority creates a local takeout and delivery permit, a retailer wishing to engage in takeout and delivery of alcohol beverages, other than a manufacturer or wholesaler that operates a sales room, must obtain the local takeout and delivery permit in addition to the state permit and must apply simultaneously to the state and local licensing authorities. The act does not apply to any other person licensed or permitted under the "Colorado Liquor Code" or the "Colorado Beer Code" or to a caterer that is licensed to sell alcohol beverages. The act repeals on July 1, 2021. (Note: This summary applies to this bill as enacted.)

The bill updates language in the "Colorado Homeless Youth Services Act" and establishes the services for youth experiencing or at risk of experiencing homelessness grant program (grant program) in the department of local affairs (department). The age requirement for such youth is increased to 24 years of age or younger from more than 11 years of age to less than 21 years of age. The department shall promulgate rules concerning the grant program, and the office of homeless youth services shall administer and monitor the grant program. The grant program consists of up to 5 awards of up to $250,000 each awarded on or before January 1, 2021. Grant awards may only be awarded to existing providers of services to youth experiencing or at risk of experiencing homelessness, with priority given to those service providers that can expand services to underserved areas of the state, including street and community outreach, drop-in centers, emergency shelters, and supportive housing and transitional living programs. The bill requires the department to prepare and submit a report to the appropriate committees of the general assembly on the outcomes of the grant program. (Note: This summary applies to this bill as introduced.)

The bill establishes the position of family-school partnership coordinator (coordinator) in the department of education. The coordinator supports local education providers with researching, designing, and implementing research-based family-school partnerships and supports educator preparation programs that provide training to educators related to implementing family-school partnerships. The coordinator is required to prepare a report every year that describes innovations that advance family engagement practices and provides information about research and resources available to local education providers and educator preparation programs that may assist in implementing family-school partnerships.(Note: This summary applies to this bill as introduced.)

The bill requires the department of health care policy and financing (department) to create and implement an expedited provider enrollment approval process and an expedited review of qualifications for transportation service providers for medicaid waiver recipients (providers) no later than July 1, 2021. The bill requires the department to engage in a stakeholder process to develop a report that identifies barriers and potential solutions to medicaid waiver recipients accessing transportation services within the long-term support and services system and to submit the report to specified committees of the general assembly no later than January 15, 2021.(Note: This summary applies to this bill as introduced.)