The act requires an individual to obtain a license to practice as a funeral director, a mortuary science practitioner, an embalmer, a cremationist, or a natural reductionist (mortuary science professional). The director of the division of professions and occupations (director) is required to promulgate rules for such licensing. To be licensed, an individual must submit an application, pay an application fee, obtain a fingerprint-based criminal history record check, not have been subject to discipline in another state or convicted of a disqualifying crime, and meet the following qualifications: For a funeral director, the applicant must have graduated from an accredited mortuary science school, have successfully passed the arts section of a national board examination, and have received workplace learning experience of one year or longer; For a mortuary science practitioner, the applicant must have graduated from an accredited mortuary science school, have successfully passed both the arts and science sections of a national board examination, and have received workplace learning experience of one year or longer; For an embalmer, the applicant must have graduated from an accredited mortuary science school, have successfully passed the science section of a national board examination, and have received workplace learning experience of one year or longer; and For a cremationist or natural reductionist, the applicant must have received official certification as a crematory operator from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization. An applicant may file for a waiver of the educational requirements and obtain full licensure upon completion of an examination. A current practitioner may apply for a provisional license if the practitioner does not meet the new requirements. To obtain a provisional license, an applicant must have obtained at least 4,000 hours of work experience, have received workplace learning experience of one year or longer, and pass a fingerprint-based criminal history record check. An individual who holds a provisional license without being subject to discipline may obtain full licensure by satisfying certain criteria. A provisional license expires after 3 years unless the director approves a reinstatement or extension of the provisional license. The act establishes administrative procedures for renewing a license. To renew a license, a license holder must obtain 6 hours of continuing education including: One hour covering the applicable law; One hour covering applicable ethics; and One hour covering public health requirements. The act updates existing law concerning title protection to require a person to hold the appropriate license in order to use the title "funeral director", "mortuary science practitioner", "embalmer", "cremationist", or "natural reductionist". The act establishes grounds for disciplining an applicant or license holder and authorizes the director to take disciplinary actions against an applicant or a license holder. The director may also seek an injunction to enforce the act. An employer of a mortuary science professional must report to the director any termination, disciplinary action, or resignation if any of these actions were taken for conduct that violates the act. The director may bring an action for the enforcement of an order of the director. The act repeals the regulation of the practice of mortuary science professionals, effective September 1, 2031. Before the repeal, the regulation will undergo a sunset review and report. The act appropriates $121,166 to the department of regulatory agencies from the division of professions and occupations cash fund to implement the act. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)
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The act creates a statutory scheme to regulate the use of deepfakes produced using generative artificial intelligence in communications about candidates for elective office. Distribution of a communication that includes an undisclosed or improperly disclosed deepfake with knowledge or reckless disregard as to the deceptiveness or falsity of the communication related to a candidate for elective office is prohibited. Proper disclosure requires the statement: "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful". The disclosure statement must satisfy the requirements in the act, and any rule adopted by the secretary of state in accordance with the act, for a clear, conspicuous, and understandable disclosure statement regarding a deepfake. The disclosure statement must be included in the communication's metadata and, to the extent technically feasible, must be permanent or unable to be easily removed by subsequent users. Any person who believes there has been a violation of the statutory or regulatory requirements for disclosure of the use of a deepfake may file a complaint with the office of the secretary of state. The secretary shall hear such complaints in accordance with existing complaint and administrative hearing procedures under the "Fair Campaign Practices Act", and a hearing officer may impose a civil penalty of at least $100 for each violation involving unpaid advertising or at least 10% of the amount paid or spent to advertise the communication that includes an undisclosed or improperly disclosed deepfake. A candidate who is the subject of a communication that includes an undisclosed or improperly disclosed deepfake may bring a civil action for injunctive or other equitable relief or for compensatory and punitive damages, or both. The plaintiff-candidate may also seek reasonable attorney fees, filing fees, and costs of action, and any other just and appropriate relief necessary to enforce the prohibition on undisclosed deepfakes and to remedy the harm caused by violation of the prohibition. The plaintiff-candidate must prove the defendant's knowledge or reckless disregard as to the falsity or deceptiveness of the communication that includes the deepfake by clear and convincing evidence. Liability for a violation of the act does not extend to an interactive computer service, a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service, an internet website, a regularly published newspaper, magazine, or other periodical of general circulation, or a provider of technology used in the creation of a deepfake as specified in the act and in accordance with immunities provided by federal law. APPROVED by Governor May 24, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)
The act expands the authority of the energy and carbon management commission (commission) to include the regulation of activities performed for the purpose of engaging in the injection and underground sequestration of injection carbon dioxide in pore space (geologic storage operations). The commission may: Reimpose any regulatory responsibility or financial assurance obligation imposed on a person that exercises the right to control the conduct of geologic storage operations (geologic storage operator) if the geologic storage operator makes a material misrepresentation or omission that causes the commission to approve a site closure; and Assess and collect regulatory and permitting fees from geologic storage operators. Current law requires the commission to promulgate rules that evaluate and address the cumulative impacts of oil and gas operations by April 28, 2024. The act changes current law by extending the deadline for the rule-making to September 30, 2024, and requiring the evaluation of cumulative impacts to address impacts from all operations regulated by the commission. Wells drilled for the exclusive purpose of obtaining subsurface data or information to support operations are not subject to a cumulative impact analysis. The act also allows the director of the commission to hire and designate employees of the commission as administrative law judges who have the authority to administer proceedings on behalf of the commission. Current law provides a statute of limitations of one year after the date of an alleged violation of energy and carbon management laws (violation). The act changes this statute of limitations to 3 years after the discovery of the alleged violation and provides that the 3-year statute of limitations period does not apply if information regarding the alleged violation is knowingly or willfully concealed by the alleged violator. The act also expands the following energy and carbon management law areas to include geologic storage operations: Enforcement and civil penalty procedures; Use of the energy and carbon management cash fund by the commission; Mitigation of adverse environmental impacts by the commission or an operator; and State agency and local government authority over oil and gas development. The act also establishes that: Ownership of a portion of a pore space necessary for geologic storage (sequestration estate) is vested in the owner of the overlying surface estate if the sequestration estate has not been separately severed, conveyed, or reserved; Any conveyance of the ownership of an overlying surface estate also conveys the grantor's ownership of any sequestration estate except in certain circumstances; and A conveyance of the ownership of a mineral estate does not convey the grantor's ownership in the sequestration estate unless the conveyance instrument provides for the conveyance. Upon application of any interested person, the commission must hold a hearing and enter an order (order) providing for the formation of a unit of one or more geologic storage resources (geologic storage unit) if the commission finds that the geologic storage unit is reasonably necessary to effectuate a geologic storage project. The order must include terms and conditions that are just and reasonable and establish a plan for operations of the geologic storage unit (plan). An order is effective only if the plan has been approved by those persons that collectively own at least 75% of the geologic storage resources included in the geologic storage unit area (required approval) and the commission makes a finding in the order of the required approval. The act also allows a local government to request that the director of the commission appoint a technical review board to assist the local government in analyzing and answering any technical questions regarding the local government's land use regulations. The act also requires the department of public health and environment (department) to develop carbon dioxide accounting procedures for geologic storage operations. The commission must compile relevant data to support the carbon dioxide accounting procedures and work collaboratively with the department in implementing the carbon dioxide accounting procedures. The commission and the department must also work collaboratively to address air emissions from geologic storage operations. APPROVED by Governor May 21, 2024 EFFECTIVE May 21, 2024(Note: This summary applies to this bill as enacted.)
The Colorado constitution states that a marriage is valid only if it is between one man and one woman. That provision has been unenforceable since the United States supreme court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The concurrent resolution repeals the provision.(Note: This summary applies to this concurrent resolution as adopted.)
On and after February 1, 2026, the act requires a developer of a high-risk artificial intelligence system (high-risk system) to use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination in the high-risk system. There is a rebuttable presumption that a developer used reasonable care if the developer complied with specified provisions in the act, including: Making available to a deployer of the high-risk system a statement disclosing specified information about the high-risk system; Making available to a deployer of the high-risk system information and documentation necessary to complete an impact assessment of the high-risk system; Making a publicly available statement summarizing the types of high-risk systems that the developer has developed or intentionally and substantially modified and currently makes available to a deployer or other developer and how the developer manages any known or reasonably foreseeable risks of algorithmic discrimination that may arise from the development or intentional and substantial modification of each of these high-risk systems; and Disclosing to the attorney general and known deployers or other developers of the high-risk system any known or reasonably foreseeable risks of algorithmic discrimination, within 90 days after the discovery or receipt of a credible report from the deployer, that the high-risk system has caused or is reasonably likely to have caused. The act also, on and after February 1, 2026, requires a deployer of a high-risk system to use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination in the high-risk system. There is a rebuttable presumption that a deployer used reasonable care if the deployer complied with specified provisions in the act, including: Implementing a risk management policy and program for the high-risk system; Completing an impact assessment of the high-risk system; Annually reviewing the deployment of each high-risk system deployed by the deployer to ensure that the high-risk system is not causing algorithmic discrimination; Notifying a consumer of specified items if the high-risk system makes, or will be a substantial factor in making, a consequential decision concerning the consumer; Providing a consumer with an opportunity to correct any incorrect personal data that a high-risk system processed in making a consequential decision; Providing a consumer with an opportunity to appeal, via human review if technically feasible, an adverse consequential decision concerning the consumer arising from the deployment of a high-risk system; Making a publicly available statement summarizing the types of high-risk systems that the deployer currently deploys, how the deployer manages any known or reasonably foreseeable risks of algorithmic discrimination that may arise from deployment of each of these high-risk systems, and the nature, source, and extent of the information collected and used by the deployer; and Disclosing to the attorney general the discovery of algorithmic discrimination, within 90 days after the discovery, that the high-risk system has caused. A person doing business in this state, including a deployer or other developer, that deploys or makes available an artificial intelligence system that is intended to interact with consumers must ensure disclosure to each consumer who interacts with the artificial intelligence system that the consumer is interacting with an artificial intelligence system. The act does not restrict a developer's, deployer's, or other person's ability to engage in specified activities, including: Complying with federal, state, or municipal laws, ordinances, or regulations; Cooperating with and conducting specified investigations; Taking immediate steps to protect an interest that is essential for the life or physical safety of a consumer; Conducting and engaging in specified research activities; and Effectuating a product recall or repairing technical errors that impair product functionality. The act provides an affirmative defense for a developer, deployer, or other person if: The developer, deployer, or other person involved in a potential violation is in compliance with a nationally or internationally recognized risk management framework for artificial intelligence systems that the act or the attorney general designates; and The developer, deployer, or other person takes specified measures to discover and correct violations of the act. An insurer, a fraternal benefit society, or a developer of an artificial intelligence system used by an insurer is in full compliance with the act if the entity is subject to specified laws governing insurers' use of external consumer data and information sources, algorithms, and predictive models and rules adopted by the commissioner of insurance. A bank, out-of-state bank, credit union chartered by the state of Colorado, federal credit union, out-of-state credit union, or any affiliate or subsidiary thereof, is in full compliance with the act if the entity is subject to examination by a state or federal prudential regulator under any published guidance or regulations that apply to the use of high-risk systems and the guidance or regulations meet criteria specified in the act. The act grants the attorney general rule-making authority to implement, and exclusive authority to enforce, the requirements of the act. A person who violates the act engages in a deceptive trade practice pursuant to the "Colorado Consumer Protection Act". APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)
The bill establishes licensure requirements for business entities that perform community association management for common interest communities in the state and makes it unlawful, on and after July 1, 2025, for a business entity to perform community association management duties without a license. The division of real estate (division) in the department of regulatory agencies (department) is tasked with administering the regulatory program for community association managers (CAMs). To be licensed, a business entity must: Demonstrate compliance with insurance requirements specified by the director of the division (director) by rule; Designate an individual as the business entity's controlling manager who is responsible for the community association management activities of the business entity and its employees; Pay a fee based on a schedule of fees determined by the director through rule-making; and Obtain criminal history record checks for its controlling manager and each individual that performs community association management on behalf of the business entity. The director shall establish by rule education requirements for controlling managers and any employees of a licensed business entity (licensed entity) who perform community association management on behalf of the licensed entity. The bill sets forth various grounds for disciplining a licensed entity and directs the director to establish a points-based disciplinary system for determining the appropriate level of discipline to impose on a licensed entity based on the level of violation. The bill repeals the licensure of CAMs on September 1, 2029, and directs the department to conduct a sunset review of the licensure program before that date. (Note: This summary applies to this bill as introduced.)
For the purpose of providing health insurance coverage, current law defines a "small employer" as any individual, firm, corporation, partnership, or association that employs between one and 100 employees during a calendar year. Effective January 1, 2026, the act amends the definition to define a "small employer" as any person that employs an average of at least one but not more than 50 employees during a calendar year. An employer that has a small group health benefit plan before January 1, 2026, and would no longer qualify as a "small employer" under the changes made by this act may elect to keep their small group health benefit plan for 5 years after the date of issuance. Such employer may also switch between small group health benefit plans offered by the carrier during those 5 years, but may only switch to plans that are one metal level above or below their existing plan. Once an employer elects to enter the large group health benefit market, the employer may not return to the small group health benefit market within the 5-year period. The act requires the commissioner of insurance to conduct an actuarial review of rate filings submitted by insurance carriers that offer small group health benefit plans to determine whether the change to the definition of "small employer" made by the act would increase premiums for the majority of individuals covered by small group health benefit plans by more than 3%. If the premiums would increase by more than 3%, then the change to the "small employer" definition made by the act is repealed. APPROVED by Governor May 1, 2024 PORTIONS EFFECTIVE May 1, 2024 PORTIONS EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)
The act requires school personnel to address a student by the student's chosen name and to use the student's chosen name in school and during extracurricular activities. The act deems it discriminatory to knowingly or intentionally use a name other than the student's chosen name or knowingly or intentionally avoiding or refusing to use a student's chosen name, unless done at the request of the student. The act allows a student who is subject to discrimination as a result of a failure or refusal to address the student by the student's chosen name to file a report with the school or a federal civil rights complaint. The act requires a school to implement a written policy outlining how the school will honor a student's request to use a chosen name. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)
Joint Technology Committee. The bill adds a provision to the procurement code that authorizes an applicable procurement official to select the most appropriate source selection method for a state procurement, even if a different source selection method is specified in statute. The new provision specifies that the procurement official has the discretion, if that official determines that the source selection method specified in statute is not the most appropriate source selection method for the procurement, to determine and use a different source selection method in the best interest of the state, given time requirements, financial considerations, and market conditions.(Note: This summary applies to this bill as introduced.)
To protect public health and the environment, a metropolitan sewage disposal district (district) is required to ensure that wastewater generated by local businesses is properly treated pursuant to the industrial pretreatment program (program) approved by the environmental protection agency. This requires district inspectors to inspect certain properties to investigate actual, suspected, or potential violations of the program. Under current law, the boundaries of a district may exist within multiple municipal and county lines, which makes it challenging for the district to obtain administrative inspection warrants when property owners deny district inspectors entry to a property. The act allows authorized inspectors of a district to enter and inspect, in a reasonable time and manner, any property for the purpose of investigating any violations of the program. If an inspection is denied, the act authorizes a district to obtain a warrant from the district court or county court upon a proper showing of the need for entry and inspection. APPROVED by Governor April 17, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)