The act requires contracts between insurers or other persons and health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the care provided did not violate Colorado law: A medical malpractice insurer from refusing to issue, canceling or terminating, refusing to renew, or imposing any sanctions, fines, penalties, or rate increases for a medical malpractice policy (section 2); A health insurer from taking an adverse action against a health-care provider, including refusing to pay for a provided health-care service (section 3); A health insurer from refusing to credential a physician as a network provider or terminating a physician's status as a network provider (section 4); or A person or entity from terminating a health-care contract with a health-care provider, unless the person or entity is a religious organization and legally protected health-care activities conflict with the religious organization's bona fide religious beliefs and practices (section 25). Section 5 of the act protects an individual applying for licensure, certification, or registration in a health-care-related profession or occupation in Colorado (applicant), as well as a health-care professional currently licensed, certified, or registered in Colorado (licensee), from having the license, certification, or registration denied or discipline imposed against the licensee based solely on: The applicant's or licensee's provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law; A civil or criminal judgment or a professional disciplinary action arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law; The applicant's or licensee's own personal effort to seek or engage in a legally protected health-care activity; or A civil or criminal judgment against the applicant or licensee arising from the individual's own personal legally protected health-care activity in this state or another state or United States territory. Section 6 of the act prohibits a court, judicial officer, court employee, or attorney from issuing a subpoena in connection with a proceeding in another state concerning an individual who accesses a legally protected health-care activity in Colorado or an individual who performs, assists, or aids in the performance of a legally protected health-care activity in Colorado. Section 7 of the act prohibits the state from applying another state's law to a case or controversy heard in Colorado state court or giving any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature pursuant to another state's law if the other state's law authorizes a person to bring a civil action against another person or entity for engaging or attempting to engage in a legally protected health-care activity. If a medical malpractice action is brought in this state against a health-care provider regulated in this state or another state, section 8 of the act prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law. Section 9 of the act prohibits a peace officer from knowingly arresting or participating in the arrest of any person who engages in a legally protected health-care activity, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado or violate Colorado law. Section 10 of the act prohibits the issuance of a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity. Section 11 of the act prohibits a judge from issuing a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of another state's law involving the provision or receipt of or assistance with accessing a legally protected health-care activity that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado. Section 12 of the act prohibits the issuance of an ex parte order for wiretapping or eavesdropping to obtain any wire, oral, or electronic communication that relates to an investigation into a legally protected health-care activity. Current law allows for the extradition of a person who committed an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime. Section 13 of the act requires the acts for which extradition is sought to be punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense. Section 14 of the act requires a correctional facility or private contract prison incarcerating a person who is capable of pregnancy to, regardless of the person's ability to pay, ensure access to abortions by providing a pregnant person with information about abortion providers; referrals to community-based providers of abortions; referrals to community-based organizations that help people pay for abortions; and transportation to access an abortion; and ensure access to miscarriage management, including medication. Section 15 of the act adds a reproductive health-care services worker to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family. Section 16 of the act prohibits the prosecution or investigation of a licensed health-care provider if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient is prescribed or administered consistent with accepted standards of practice under Colorado law and does not violate Colorado law. Section 17 through section 20 of the act adds a protected health-care worker to the list of persons authorized to participate in the address confidentiality program. Section 21 of the act authorizes the attorney general to independently initiate and bring a civil and criminal action to enforce the "Reproductive Health Equity Act". Section 22 of the act prohibits a state agency from providing any information or using any government resources in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity. Section 23 of the act prohibits a public entity from: Restricting any natural or legal person in performing, or prohibit any natural or legal person from providing, reproductive health care through the imposition of licensing, permitting, certification, or similar legislative or regulatory requirements that apply solely to providers of reproductive health care; or Prosecuting or otherwise criminally sanctioning any natural or legal person for providing, assisting in the provision of, arranging for, or otherwise assisting a person in accessing reproductive health care performed within the scope of applicable professional licensure and certification requirements. Section 24 of the act states the venue to enforce an action to under the provisions of the "Reproductive Health Equity Act" is in the Denver district court. Section 26 and 27 of the act require every local government that has adopted or adopts a zoning ordinance to recognize the provision of outpatient reproductive health care as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use. APPROVED by Governor April 14, 2023 EFFECTIVE April 14, 2023 (Note: This summary applies to this bill as enacted.)
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Starting December 31, 2023, the act requires each entity described below to label packages of premoistened, nonwoven disposable wipes (covered product) with the phrase "Do Not Flush": A manufacturer of a covered product that is sold or offered for sale in this state; and A wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered product. The act outlines the parameters to which the labeling must adhere in order to comply with state and federal requirements, as applicable, and specifies that a violation of the requirements of the act is a deceptive trade practice under the "Colorado Consumer Protection Act". APPROVED by Governor April 11, 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 states that, with certain exceptions, a broker engagement contract for the sale of a residential premises must not: Purport to be a covenant running with the land or to be binding on future owners of interests in the real property; Allow for assignment of the right to provide service without notice and agreement of the owner of the residential premises; or Purport to create a recordable lien, encumbrance, or other real property security interest. Any such lien, encumbrance, or other real property security interest is void and unenforceable. The act defines a "broker engagement contract" as a written contract in which a seller, buyer, landlord, or tenant of a residential premises becomes the client of a broker or agrees to retain the services of a broker in the future and promises to pay the broker a valuable consideration or agrees that the broker may receive a valuable consideration from another person in exchange for the broker producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the residential premises or for performing other services. A person that offers to a consumer a broker engagement contract that includes a prohibited provision commits an unfair or deceptive trade practice. APPROVED by Governor April 3, 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 requires the Colorado state forest service to make certain upgrades and improvements to its seedling tree nursery in order to expand its capacity and its ability to contribute to reforestation efforts in the state. The act is repealed as of January 1, 2025. For the 2022-23 state fiscal year, $5,000,000 is appropriated to the department of higher education for use by the board of governors of the Colorado state university system for the Colorado state forest service tree nursery. (Note: This summary applies to this bill as enacted.)
The act establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information). The oil and gas conservation commission (commission) is required to utilize or develop a chemical disclosure website to collect and share certain chemical disclosure information with the public (chemical disclosure website). On and after July 31, 2023, operators, service providers, and direct vendors that provide chemical products directly to an operator or service provider at a well site (discloser) for use in underground oil and gas operations (downhole operations) in the state must disclose to the commission: The trade name of the chemical product; and A list of the names of each chemical used in the chemical product. The discloser must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals. For disclosers that were already selling, distributing, or using a chemical product for use in downhole operations in the state before July 31, 2023, the disclosure and declaration must be made at least 30 days before July 31, 2023. For disclosers that begin to sell or distribute a chemical product for use in downhole operations in the state, or that begin to use a chemical product in downhole operations in the state, on or after July 31, 2023, the disclosure and declaration must be made at least 30 days before the discloser begins selling, distributing, or using the chemical product. If a manufacturer does not provide the disclosure information for a chemical product that it sells or distributes for use in downhole operations in the state to the discloser upon the request of the discloser or commission, the manufacturer must provide the commission with a trade secret form of entitlement for the chemical product. If, after making a request to the manufacturer, the discloser is unable to disclose the disclosure information, the discloser shall disclose to the commission: The name of the chemical product's manufacturer; The chemical product's trade name; The amount or weight of the chemical product; and A safety data sheet for the chemical product if it is available for disclosure by the discloser. On and after July 31, 2023, an operator of downhole operations using a chemical product must disclose to the commission: The date of commencement of downhole operations; The county of the well site where downhole operations are being conducted; The unique numerical identifier assigned by the American Petroleum Institute to the well where downhole operations are being conducted and the US well number assigned to the well where downhole operations are being conducted; and The trade names and quantities of any chemical products the operator used in downhole operations. The operator must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals. For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure and declaration must be made within 120 days after July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure and declaration must be made within 120 days after the commencement of downhole operations. The commission will use the chemical disclosure information to create a chemical disclosure list for each well site, which will include an alphabetical list of names and Chemical Abstracts Service numbers of chemicals that will be used in downhole operations at the well site. The commission will post each chemical disclosure list on the chemical disclosure website. The commission shall provide the chemical disclosure list to the applicable operator within 7 days after the operator's disclosures. The operator is required to disclose the chemical disclosure list to persons and entities near where downhole operations will be conducted. The disclosure of the chemical disclosure list to these persons and entities must be made within 30 days after the operator's receipt of the chemical disclosure list from the commission. The commission will prepare and present an annual report to the general assembly that includes a list of chemicals used in downhole operations in the state in the prior calendar year. For the 2022-23 state fiscal year, $61,500 is appropriated from the oil and gas conservation and environmental response fund to the department of natural resources (department) to implement the act, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act updates and modifies laws pertaining to the payment of wages and employee misclassification, and the enforcement procedures and remedies for violations of those laws, as follows: Changes the penalties for failure to provide requested information to the division of labor standards and statistics in the department of labor and employment (DLSS) or for hindering or obstructing the director of the DLSS or other person authorized by the director in accessing an employer's premises from a misdemeanor criminal offense to a daily penalty of not less than $50 (sections 1 and 2 of the act); Directs the DLSS to transmit penalties it imposes to the wage theft enforcement fund (sections 1 through 5 and 10); Requires an employer to: Provide notice to an employee, within 10 days after the employment terminates, before deducting from wages or compensation any amount of money or property the employee failed to return or repay upon termination of employment and pay the employee the deducted amount within 14 days after the employee returns or repays the money or property if the employee did so within 14 days after notice is provided (section 6); Imposes automatic penalties of the greater of 2 times the amount of the unpaid wages or $1,000 on an employer that fails to pay all past-due wages within 14 days after a written demand or civil or administrative action for the past-due wages is sent to or served on the employer. If an employee shows that the employer's failure or refusal to pay wages was willful, the employer is subject to penalties equal to the greater of 3 times the amount of unpaid wages or $3,000. The act further states that an employer's second or subsequent failure or refusal to pay wages of the same or similar type within the 5 years preceding a claim is considered per se willful (section 7). If an employer makes a full legal tender of all amounts demanded in good faith within 14 days after a written demand is sent or an administrative claim or civil action is sent or served, the employee is required to dismiss the action (section 7); Eliminates the authority of a court to award an employer reasonable attorney fees and costs in an action in which the employee claimed wages in excess of the greater of $7,500 or the jurisdictional limit for small claims court and the employee does not recover an amount greater than the amount the employer tendered and instead permits a court to award an employer reasonable attorney fees and costs if, within 14 days after a written demand is sent or a civil action is served, the employer makes full legal tender of all amounts demanded in good faith for all employees and the employees ultimately fail to recover a total sum that is greater than the amount tendered (section 8); Allows the DLSS to award an employee reasonable costs incurred in an administrative claim when the employee recovers a sum that is greater than the amount the employer tendered, and, if the employee recovers more than $5,000 in unpaid wages, allows the DLSS to also award the employee attorney fees (section 8); Allows the director of the DLSS to use existing authority under labor laws to gather information pertinent to wage claims from employers, employees, and other persons or entities (section 9); Allows recovery of attorney fees, an additional fine of 50% of the amount of past-due wages, and a penalty of the greater of 50% of past-due wages or $3,000 from an employer that fails to pay an employee past-due wages within 60 days after the determination in favor of the employee (section 9); For a citation, notice of assessment, or order issued against an employer on or after January 1, 2023, requires the DLSS, upon request of an employee, to file a certified copy of the citation, notice, or order with the appropriate clerk of court, after which the clerk is required to enter the citation, notice, or order as a judgment of the court, and the judgment is sufficient to support the issuance of writs of garnishment if the judgment is wholly or partially unsatisfied (section 10); On or after January 1, 2023, authorizes the DLSS, either on its own initiative or within 60 days after receiving a written request from an employee, to issue a notice of administrative lien and levy, similar to a child support enforcement lien, when an employer fails to pay past-due wages, fines, or penalties, which lien attaches to the employer's real or personal property that is in the possession, custody, or control of another person (section 10); Allows an employee who alleges that the employee's employer discriminated or retaliated against the employee for filing or participating in a wage claim to file a civil action to seek relief, including back pay, reinstatement or front pay, payment of unlawfully withheld wages, interest on past-due wages, penalties, liquidated damages, injunctive relief, and attorney fees and costs. The DLSS, after an investigation of a discrimination or retaliation claim, may also order similar relief to an employee, other than attorney fees and costs (section 11). Establishes the worker and employee protection unit (unit) in the department of law to investigate and enforce wage theft and unemployment insurance and misclassification of employees claims under specified circumstances and requires the director of the DLSS to share with the unit any orders the director issued in the previous 12 months finding that an employer has misclassified employees (sections 12 through 15). Section 16 appropriates $345,069 to the department of labor and employment for the 2022-23 state fiscal year to implement the act as follows: $314,019 for use by the DLSS for program costs, including an additional 3.4 FTE; and $31,050 to purchase legal services, which amount is reappropriated to the department of law to provide legal services to the department of labor and employment. Section 16 also appropriates $95,200 to the department of law for the 2022-23 state fiscal year for use by consumer protection to implement the act, which amount assumes the department will require an additional 0.8 FTE. (Note: This summary applies to this bill as enacted.)
No later than July 1, 2023, the act requires each administrative unit to adopt a policy that addresses how a student who has a prescription from a qualified health-care provider for medically necessary treatment receives such treatment in the school setting as required by applicable federal and state laws. The act requires the administrative unit to make the policy publicly available on the administrative unit's website and available to the student's parent or legal guardian upon request. Beginning July 1, 2024, and each July thereafter, the act requires each administrative unit to compile and provide to the department of education (department) the total number of requests for access to a student by a private health-care specialist and whether the access was authorized or denied. Beginning January 2025, and each January thereafter, the act requires the department to make the information reported available on the department's website and report the information to specified committees of the general assembly. (Note: This summary applies to this bill as enacted.)
The act creates the mandatory reporter task force (task force). The purpose of the task force is to analyze best practices and recommend changes to training requirements and reporting procedures for people required by law to report child abuse or neglect. The task force shall analyze issues, including, but not limited to: The effectiveness of mandatory reporting and its relationship with systemic issues, including the disproportionate impact of mandatory reporting on under-resourced communities, communities of color, and persons with disabilities; The definition of "immediately" and how reporting time frames affect mandatory reporters from different professions; Reporting time frames for mandatory reporters who are creating a safety plan for victims of domestic violence, sexual assault, or stalking to ensure the safety of the victim and the victim's family members while creating the safety plan; Medical child abuse and the process to report medical child abuse; Whether mandatory reporters should report incidents observed outside of a mandatory reporter's professional capacity; A reporting process for 2 or more mandatory reporters to report child abuse or neglect when they have joint knowledge or joint reasonable cause to make a report of child abuse or neglect; Whether institutions that employ mandatory reporters may develop procedures to assist mandatory reporters in meeting reporting requirements; and The benefits of an electronic reporting platform for the state. The task force is required to analyze national best practices and consult with additional stakeholders as necessary to finalize its findings and recommendations. The task force may propose clarifications to the law to help implement its recommendations. The task force operates for 2 years. The task force shall submit a final report on its findings and recommendations on January 1, 2025, to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees; the governor; and the department of human services. The act appropriates $97,500 from the general fund to the judicial department for use by the office of the child protection ombudsman for program costs. (Note: This summary applies to this bill as enacted.)