The act makes it a deceptive trade practice under the "Colorado Consumer Protection Act" if a person claims to be a "board-certified music therapist" or "music therapist", uses the title "music therapist", uses the abbreviation "MT-BC", or in any other way indicates or implies that the person is a music therapist unless the person holds an active music therapist board-certified credential administered by the Certification Board for Music Therapists. The act does not prohibit a person from performing work, including the use of music, incidental to the person's profession or occupation, if that person does not represent that the person is a music therapist. Any person who unlawfully claims to be a music therapist commits a class 2 misdemeanor. The act clarifies that the attorney general or district attorney may seek assurance of discontinuance of the deceptive trade practice or other remedies or penalties prior to charging a person with a misdemeanor. (Note: This summary applies to this bill as enacted.)
Sponsored bills
The act continues the regulation of conveyances and conveyance mechanics, contractors, and inspectors by the director of the division of oil and public safety within the department of labor and employment for 9 years, until September 1, 2031. (Note: This summary applies to this bill as enacted.)
The act creates the transformational affordable housing revolving loan fund program (loan program) in the division of housing (division) in the department of local affairs (department) as a revolving loan program in accordance with the requirements of the act and the policies established by the division. The loan program provides flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in the act. The division may administer the loan program or, if it determines that it would be more efficient and effective to contract out full or partial administration of the loan program, the division may enter into a contract with a third-party entity to administer the loan program. Any loan made under the loan program by the state, any department, division, or agency of the state, or any administrator to a district, as defined in the TABOR amendment to the state constitution, must either be approved by the voters of the district in accordance with TABOR or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under TABOR. The act specifies eligibility requirements in order for projects to be funded under the loan program. The division is required to establish and publicize policies for the loan program. The division is encouraged to consider prioritizing applications for funding that satisfy certain objectives specified in the act. The transformational affordable housing revolving loan fund (fund) is created in the state treasury and the act specifies requirements pertaining to the administration of the fund. On July 1, 2022, the state treasurer is required to transfer $150 million from the affordable housing and home ownership cash fund to the fund. The division is required to report on the activities of the loan program as part of the regular annual public report prepared by the division on affordable housing spending undertaken by the state. For the 2022-23 state fiscal year, the act appropriates $379,081 to the office of the governor for use by the office of information technology (OIT). The appropriation is from reappropriated money from the fund. To implement the act, OIT may use the appropriation to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act: Amends the existing authority of the division of unemployment insurance (division) to issue bonds by clarifying that the division may issue the bonds through the state treasurer and granting the division the authority to levy bond assessments; Makes a temporary increase in partial unemployment benefits provided in current law permanent; Repeals the requirement that an individual wait at least one week before becoming eligible for unemployment compensation. This repeal will take effect when the unemployment compensation fund reaches a balance of at least $1 billion. Requires the division to study how to implement a dependent allowance for individuals receiving unemployment compensation. Requires the department of labor and employment to award grants to one or more third-party administrators for the purpose of providing recovery benefits to eligible individuals. The grants to the third-party administrators and the recovery benefits are funded through .00035 of the premium each employer is required to submit to the division. Provides that an individual is eligible to receive recovery benefits if the individual, regardless of the individual's immigration status: Separated from employment through no fault of the individual; received income from employment during a qualified base period or alternative base period; attests that the individual is not currently receiving any state-administered wage replacement assistance; is not eligible for state-administered wage replacement assistance for reasons related to the individual's authorization to work; and has a pay stub or form W-2 to verify the individual's employment and wage withholding. Requires an employer to provide an employee with certain information about unemployment compensation upon the employee's separation from employment; Extends the hold on an employer's solvency surcharge through calendar year 2023; Requires the state treasurer to transfer $600 million to a newly created fund. The transfer is from money received by the state through the federal "American Rescue Plan Act of 2021". The money in the fund may be used only to repay the outstanding balance of federal advances provided to the state through the unemployment insurance trust fund and interest owed on the advances. Sets forth factors that the division must consider in determining whether the repayment of overpaid unemployment compensation benefits repayment would be inequitable.(Note: This summary applies to this bill as enacted.)
The act continues the existing school leadership pilot program (program) by repealing the repeal date for the program and removing the word "pilot" from the name of the program. The act repeals the ability of the department of education (department) to award grants to the employers of school principals who participate in the program and limits the amount that the general assembly may annually appropriate for the program to no more than $250,000. For the 2022-23 budget year, the act appropriates $250,000 to the department to implement the program. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer $3,900,000 from the general fund to the Colorado DRIVES vehicle services account in the highway users tax fund. This transfer allows the department to maintain the current driver license fee while supporting the solvency of the fund. (Note: This summary applies to this bill as enacted.)
The "SALT Parity Act" was enacted in 2021 and, for income tax years commencing on or after January 1, 2022, it allowed pass-through entities to elect to pay state income tax at the entity level, which allows the entity to claim an unlimited deduction at the federal level for state and local taxes paid. While this election reduces federal taxable income for the pass-through entity, it does not reduce or increase Colorado taxable income under current law based on additions and subtractions (deductions) to the state income tax. The act converts the state income tax deductions created to keep state revenue neutrality into a tax credit and makes provisions of the "SALT Parity Act" retroactive to January 1, 2018. An S corporation or a partnership must make the retroactive election on or after September 1, 2023, but before July 1, 2024, in a composite amended tax return for all of the years for which the election is made that is filed on behalf of the S corporation or partnership and the electing pass-through entity owners. (Note: This summary applies to this bill as enacted.)
Under existing law, the division of veterans affairs (division) within the department of military and veterans affairs operates a veterans resource information clearinghouse (clearinghouse) to provide information concerning support, services, and other assistance available to veterans and their families. The bill requires the division to create and maintain an online portal to assist veterans with accessing information provided through the clearinghouse, allow users to maintain a personalized health record in the portal, and offer secure care coordination and personalized care tools that help veterans be more engaged in their health. The division is permitted to enter into an agreement with a third party to create and maintain the online portal or, if the third party maintains an existing, similar portal, to expand and maintain that existing portal.(Note: This summary applies to this bill as introduced.)
Current law prohibits a person who is under 18 years of age from using a mobile electronic device when driving. The bill applies the prohibition to a person who is 18 years of age or older unless the person is using a hands-free accessory. The following uses are exempted: By a person reporting an emergency to state or local authorities; By an employee or contractor of a utility services provider when responding to a utility emergency; By a person operating a commercial truck when using a mobile data terminal that transmits and receives data; By a first responder; or By a person in a motor vehicle that is lawfully parked. The penalties for a violation are: For a first offense, $150 $75 and 2 license suspension points; For a second offense within 24 months, $250 $150 and 3 license suspension points; and For a third or subsequent offense within 24 months, $500 $250 and 4 license suspension points. It is an affirmative defense to a The violation will be dismissed if the defendant has not previously committed a violation, produces proof of purchase of a hands-free accessory, and affirms, under penalty of perjury, that the defendant has not previously claimed this affirmative defense option to dismiss . Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The bill clarifies that the peace officer must record whether the bill has been violated. A peace officer is prohibited from stopping a driver or issuing a citation for a violation of the bill unless the officer visually observes the operator using, holding, or physically supporting with any part of the person's body the mobile electronic device. The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, will create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving. To implement the bill, $23,941 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)