The bill: Repeals a provision allowing the department of public health and environment (department) to use money in the waste tire administration, enforcement, market development, and cleanup fund (fund) to develop a fire prevention, training, and firefighting plan, hire a consultant to assist in developing the plan, and reimburse the division of fire prevention and control in the department of public safety (division) for its assistance in developing the plan and hiring the consultant; and Allows the department to use money in the fund to reimburse the division for inspections of facilities where waste tires are present and for technical assistance and other assistance the division provides to the department or the public related to waste tires.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
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The act amends employment discrimination laws, commonly referred to as the "Colorado Anti-discrimination Act" or "CADA", as follows: With regard to the jurisdiction of the Colorado civil rights commission (commission) over discrimination complaints, instead of allowing the commission 270 days to notice a hearing on the complaint and the ability to grant the parties an extension of up to an additional 180 days, allows the commission a total of 450 days to notice a hearing on the complaint or lose jurisdiction over the complaint; Expands the definition of "employee" to include individuals in domestic service and specifies that it is not a discriminatory or an unfair employment practice with respect to sex for a person to consider sex when hiring an employee to engage in child-care-related domestic services; Extends the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred; and Repeals the prohibition, applicable in age discrimination cases only, against the relief and recovery of certain damages so that the remedies available in employment discrimination claims are consistent, regardless of the type of discrimination alleged. The act appropriates $113,548 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act, with $98,718 allocated for personal services and $14,830 for operating expenses. (Note: This summary applies to this bill as enacted.)
The act establishes the "Colorado False Claims Act" (false claims act). Pursuant to the false claims act, a person is liable to the state or a political subdivision of the state for a civil penalty if the person commits, conspires to commit, or aids and abets the commission of any of the following (collectively, "false claims"): Knowingly presenting, or causing to be presented, a false or fraudulent claim for payment or approval; Knowingly making, using, or causing to be made or used a false record or statement material to a false or fraudulent claim; Having possession, custody, or control of property or money used, or to be used, by the state or a political subdivision and knowingly delivering, or causing to be delivered, less than all of the money or property; Authorizing the making or delivery of a document certifying receipt of property used, or to be used, by the state or a political subdivision and, with the intent to defraud the state or political subdivision, making or delivering the receipt without completely knowing that the information on the receipt is true; Knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the state or a political subdivision who lawfully may not sell or pledge the property; Knowingly making, using, or causing to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the state or political subdivision; or Knowingly making, using, or causing to be made or used, a false record or statement resulting in the underpayment of unemployment premiums or the payment of unemployment insurance benefits of more than $15,000 in a calendar year. A person who makes a false claim is liable to the state for a civil penalty of $11,800 to $23,600 per violation, plus 3 times the amount of the damages sustained by the state. A court may assess a reduced penalty if the person who makes a false claim furnishes to investigators all the information the person knows about the violation within 30 days after first learning of a potential violation, the person did not know about the investigation when the person furnished the information, and the person fully cooperated with the investigation as follows: If the person furnished the information prior to an action being filed, the person is subject to a civil penalty of $5,900 to $11,800 per violation, plus 1.5 times the amount of the damages. If the person furnished the information while a pending action was under seal, the person is subject to a civil penalty of $7,800 to $15,700 per violation, plus double the amount of the damages. The civil penalty range amounts for a violation are annually adjusted for inflation, rounded upward or downward to the nearest ten-dollar increment and certified by the secretary of state. A person who makes a false claim is also liable for the costs incurred for the investigation and prosecution of the false claim. The attorney general may accept from a person alleged to have made a false claim an assurance of discontinuance or a consent order approved by a court in lieu of, or as a part of, a false claims action. Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding. The false claims act requires the attorney general to investigate false claims. The attorney general or a private person may bring a civil action against a person who made a false claim. The attorney general may intervene in an action brought by a private person. A private person who brings a false claims action may be awarded up to 30% of the proceeds from the action based on the extent the private person contributed to the investigation and prosecution of the false claim. If the private person is an employee of the state and learns information about the false claim in the course of the person's work, the court will award that amount to the state. The false claims act requires that a false claims action be filed in a state district court or federal court with jurisdiction over the action. A court cannot hear a false claim action: Brought against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado, acting in the member's, executive director's, or official's official capacity; Brought against an elected official of a political subdivision, a member of a political subdivision's judiciary, of an appointed official of a political subdivision, acting in the official's or member's official capacity; or Based on the same allegations or transactions that are the subject of a different civil or administrative proceeding. The false claims act prohibits retaliatory action against an individual because of the individual's efforts in furtherance of investigating, prosecuting, or stopping false claims. A court hearing a false claims action may hear a claim for retaliation against the individual. The false claims act clarifies how information subject to a person's attorney-client privilege is protected, unless the privilege is waived, an exception to the privilege applies, or disclosure of the information is permitted by an attorney pursuant to certain federal regulations applicable to attorneys appearing and practicing before the federal securities and exchange commission, the applicable Colorado rules of professional conduct, or otherwise. The false claims recovery cash fund (fund) is created and any proceeds retained by the state from a false claims action are transferred to the fund. Subject to annual appropriation, the department of law may use money in the fund for the costs of investigating and prosecuting false claims. Remaining proceeds are transferred to the fund from which the false claim was paid and the false claims act sets forth the process for paying to a political subdivision any proceeds recovered that are attributable to the political subdivision. The false claims act requires the attorney general to annually submit a report to specified committees of reference about false claims actions during the previous fiscal year. The act authorizes the state auditor to share information about potential false claims with the attorney general and a political subdivision. The act appropriates $13,568 from the general fund to the legislative department for use by the office of the state auditor. (Note: This summary applies to this bill as enacted.)
Under current law, with limited exceptions, a public trustee must release a deed of trust upon the satisfaction of certain preconditions, one of which is the production of the original canceled evidence of debt such as a note or bond as evidence that the indebtedness secured by the deed of trust has been paid. To this requirement, the act adds another exception. That is, a holder of the original evidence of debt may request the release of a deed of trust without producing or exhibiting the original evidence of debt if the holder: Agrees to indemnify and defend the public trustee against any claim for damages resulting from the action of the public trustee taken in accordance with the request; Provides the public trustee a current address for the original grantor, assuming party, or current owner when requesting the release of the deed of trust; and Files the request for the release of the deed of trust electronically via the county's electronic recording system. The act also removes language requiring a title insurance company to be "qualified" as well as licensed in Colorado for certain purposes relating to the release of a deed of trust. Further, the act makes necessary changes to the statutory form that is used to request a deed of trust without producing the evidence of debt. (Note: This summary applies to this bill as enacted.)
The act creates the ozone season transit grant program (program) in the Colorado energy office (office). The program provides grants to the regional transportation district (RTD) and transit associations in order to provide free transit services for at least 30 days during ozone season. A transit association receiving a grant may use the money to make grants to eligible transit agencies. The eligible transit agencies may use the money to provide at least 30 days of new or expanded free transit services during ozone season. The RTD may use grant money to cover up to 80% of the costs of providing free transit for at least 30 days on all services offered by the RTD during ozone season. Eligible transit agencies and the RTD can use the money to cover lost fare box revenues and to pay for other expenses necessary to implement the program, including expenses associated with an increase in ridership as a result of the program. The RTD and a transportation association receiving a grant are required to report to the office on the services offered and estimates of the change in ridership as a result of the program. The act transfers $28 million from the general fund to a newly-created ozone season transit grant program fund, and the money is continuously appropriated to the office for the program. The office is required to establish policies governing the program and to report to the house and senate transportation committees by December 31 of each year of the program. The program is repealed, effective July 1, 2024. The transit and rail division (division) in the department of transportation is required to create a 3-year pilot project to extend state-run transit services throughout the state with the goals of reducing ground level ozone, increasing ridership, and reducing vehicle miles traveled in the state. The act transfers $30 million from the general fund to the state highway fund for the project. The division is required to annually report to the transportation legislation review committee on the pilot project. The pilot project is repealed, effective July 1, 2026. The act transfers $10 million dollars from the general fund to the state highway fund for use by the transportation development division for the revitalizing main streets program. In spending the money, the division is required to give priority to programs that improve air quality through increased use of transit. The act amends statutes governing testing for commercial driver's licenses to allow a test to be conducted by a driving tester who is under contract with a testing unit or a statewide association working with transit agencies in addition to a driving tester who is employed by a testing unit. As soon as practicable after the effective date of the act, the rules promulgated by the department of revenue must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester who is under contract with the testing unit or a statewide association working with transit agencies. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer $57 million from the revenue loss restoration cash fund to the family and medical leave insurance fund for use by the division of family and medical leave insurance (division) created under the "Paid Family and Medical Leave Insurance Act" (PFMLIA). The transferred money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established by the PFMLIA. The division is required to credit the transferred money to state employer accounts and to annually continue to credit money to the state employer accounts until such accounts have a zero dollar balance and begin owing quarterly premiums as set forth in the PFMLIA. The executive director of the department of labor and employment is required to submit specified reports. The act reduces the appropriations to state departments for employer premium payments for state fiscal year 2022-23. (Note: This summary applies to this bill as enacted.)
The workforce diploma pilot program was established in 2019 as a pilot program scheduled to repeal on July 1, 2022. The bill continues the pilot program indefinitely as the workforce diploma program (program). The bill requires the department of education to annually adjust the amounts paid to qualified providers under the program in accordance with the corresponding percentage change in the consumer price index. (Note: This summary applies to this bill as introduced.)
The bill reduces the premium paid by employers for the state's paid family and medical leave program, starting January 1, 2023, through June 30, 2023, from nine-tenths of 1% of wages per employee to eighty-one hundredths of 1% of wages per employee. The bill requires the state treasurer to transfer $57.5 million from the general fund to the family and medical leave insurance fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act allows a person whose residence has been destroyed or rendered uninhabitable by a natural disaster or by other means to maintain residency for purposes of voting at the address of the destroyed residence if the person intends to return to the residence once it is replaced or becomes habitable. In such a case, the person's residence given for motor vehicle registration and for state income tax purposes is not required to be the same as the person's residence for voting purposes. (Note: This summary applies to this bill as enacted.)
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.)