Rep. Naquetta Ricks

The act prohibits debt collectors and collection agencies, when attempting to collect debt that they know or should know is medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt, from making a false, deceptive, or misleading representation that the medical debt will be included in a consumer report or factored into a consumer's credit score unless the information is used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency. "Medical debt" is debt arising from health-care services or health-care goods, including products, devices, durable medical equipment, and prescription drugs. The act also prohibits a consumer reporting agency from making any consumer report containing any adverse information that the agency knows or should know concerns medical debt. The department of revenue is required to study the effect of prohibiting medical debt reporting and, on or before January 1, 2028, report its conclusions from the study to certain legislative committees. In its initial written communication to a consumer, a debt collector or collection agency is required to include a statement regarding the new prohibitions. Current law prohibits a consumer reporting agency from reporting certain types of information. However, the prohibition does not apply to: A credit transaction involving, or that may reasonably be expected to involve, a principal amount of $150,000 or more; or The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of $150,000 or more. The act eliminates both of these exceptions to the prohibition and substitutes a new exception, which applies to a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value for a one-unit property as determined annually by the federal housing finance agency. APPROVED by Governor June 5, 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 implements recommendations of the department of regulatory agencies in its sunset review and report on the division of racing events (division) and the Colorado racing commission (commission) in the department of revenue. Specifically: The division and the commission are continued 9 years from the current repeal date of September 1, 2023, until September 1, 2032; Certain language from the definition of the term "in-state simulcast facility" is relocated, with amendments; and Certain greyhound kennel inspection requirements that have become redundant with inspection requirements imposed upon the department of agriculture are repealed. APPROVED by Governor June 2, 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 extends for an additional 5 years the income tax credit for expenses incurred by an individual with a family income at or below $150,00, adjusted for inflation, (qualified individual) in retrofitting the individual's residence to increase its accessibility for persons with disabilities. The act also extends the credit carry-forward period from 5 to 8 years. APPROVED by Governor May 30, 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 "Colorado Loans for Increasing Main Street Business Economic Recovery Act" (CLIMBER Act) provides small business recovery loans to Colorado businesses affected by the COVID-19 pandemic. In 2022, the general assembly amended the CLIMBER Act by requiring that the determination as to whether a business has sufficient financial viability to be an "eligible borrower" be based on the business's current financial condition rather than, as had been the case, the business's financial condition as of February 29, 2020, but in doing so failed to delete all the obsolete statutory references to "February 29, 2020". The act corrects that omission by deleting the remaining obsolete reference to "February 29, 2020,". APPROVED by Governor May 24, 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.)

Section 1 of the act repeals the statute that: Creates in each region of the division of youth services a community board to promote transparency and community involvement in division of youth services' facilities within the region, provide opportunities for youth to build positive relationships with adult role models, and promote youth involvement within the community; and Specifies the number, manner of appointment, and required qualifications of community board members and meeting requirements for a community board. Section 2 modifies the process for the resolution of grievances filed against county departments of human and social services (county department) concerning the conduct of county department personnel in the performance of their duties relating to children who may be neglected or dependent by: Repealing the requirement that a citizen review panel be created consisting of citizens who are representative of the community, have demonstrable personal or professional knowledge and experience with children, and are not employees or agents of the department of human services (state department) or any county department; Requiring referral of grievances that are currently referred to a citizen review panel to instead be referred to the office of the child protection ombudsman (child ombudsman) for review; Repealing grievance review processes and requirements relating to citizen review panels; Requiring each county department to post information about the grievance process on its public website or otherwise provide information concerning the grievance process to individuals involved in the county child welfare system; and Clarifying that the grievance resolution process allows a person who wishes to file a grievance to do so directly to the child ombudsman. Section 3 specifies that if fewer than all the 17 members of the law enforcement community services grant program committee created in the division of local government of the department of local affairs (department) provided for by statute are appointed as of June 30, 2023, the executive director of the department shall determine the number of members of the committee; except that the committee must consist of at least 9 members. Sections 4 through 14 clarify existing provisions relating to compensation and reimbursement of expenses for members of specific boards and commissions that focus on functions related to human and social services. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)

The law has required that a child's name and identifying information be deleted from criminal justice records released to the public if the child was a victim of certain enumerated sexual offenses. The act removes the limitation that a child be a victim of an enumerated sexual offense for the child's name and identifying information to be deleted from a criminal justice record released to the public. The act also requires that the name and identifying information of a child who witnesses a criminal offense be deleted from criminal justice records released to the public. The act specifies that these deletion requirements do not apply to criminal justice records that solely involve traffic offenses. The act establishes a good cause exception that allows a person to petition a district court for the disclosure of the name and identifying information of a child witness or child victim. The person seeking disclosure must establish good cause for disclosure at a hearing conducted after the child victim, child witness, or their respective legal guardian receives notice. Good cause means a finding that the person seeking disclosure has established that the public interest in accessing the child victim's or child witness's name and identifying information substantially outweighs the harm to the privacy interest of the child victim, child witness, or their respective legal guardian. The law previously required a criminal justice agency to make the notation "CHILD VICTIM" on a criminal justice record involving a child victim when the child victim's name is disclosed during proceedings related to the criminal justice record or when the child victim or child victim's guardian requests the notation. The act requires that a criminal justice agency make the notation "CHILD WITNESS" on a criminal justice record involving a child witness under the same circumstances. The act specifies that a victim's right-to-be-heard and notice requirements of the Victim Rights Act apply to a hearing for the disclosure of a child victim's or child witness's name and identifying information. For the 2023-24 state fiscal year, $387,449 is appropriated from the general fund to the judicial department for trial court programs and capital outlay needed to implement the act. APPROVED by Governor May 23, 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 bill requires the Colorado water conservation board (CWCB) to perform a comprehensive literature review of existing research on the challenges and opportunities of desalination facilities in California or Mexico. The literature review must include a summary of the current status of research on desalination, including quantification of certain costs of and benefits that could be realized from the construction and perpetual operation of one or more water desalination facilities in California or Mexico, or both. On or before July 1, 2025, the CWCB must complete the study and submit a report of the CWCB's findings and recommendations to: The Colorado legislative committees of reference that consider water matters; The governor; and The bureau of reclamation in the federal department of the interior. For the 2023-24 state fiscal year, the bill appropriates $50,000 from the Colorado water conservation board construction fund to the department of natural resources for use by the CWCB to pay operating expenses. (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.)

The bill creates an independent delivery license for social equity licensees to deliver and sell retail marijuana and retail marijuana products to consumers at the consumer's private residence and requires the department of revenue to promulgate rules concerning the independent delivery license. The bill creates an accelerator independent delivery license, accelerator hospitality business license, and accelerator transporter license, and accelerator retail deliverer permittee for social equity licensees qualified to participate in the accelerator program. The bill requires the department of revenue to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity licenses, any recommendations for new social equity licenses and permits, and any recommendations for new or innovating funding sources for the social equity licensees or permittees. Effective January 2, March 1, 2024, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The bill clarifies that the new eligibility requirements only apply to social equity licensee applications received on or after January 2, March 1, 2024. or to the reinstatement or reactivation of social equity licenses originally issued before January 2, 2024. The new eligibility requirements do not apply to the renewal of social equity licenses applied for or issued before January 2, March 1, 2024. The bill authorizes a social equity licensee who satisfies the eligibility requirements effective January 2, 2024, with a retail marijuana transporter licensee and a retail marijuana delivery permit or an accelerator retail deliverer permit, to exercise the privileges of a retail marijuana store license without needing to obtain a retail marijuana store license or accelerator store license. The bill requires permits the department of revenue to create incentives for social equity licensees and accelerator-endorsed licensees, including reducing or waiving fees. The bill requires the department of regulatory agencies, as part its sunset review of the "Colorado Marijuana Code" in 2028, to review social equity licensing and the independent delivery license. The bill creates, in the office of economic development, a grant committee that is responsible for reviewing grant applications, selecting grant recipients, and determining grant awards that are issued pursuant to an existing grant program for supporting entrepreneurs in the marijuana industry. The bill amends the statutory provision concerning retail marijuana sales tax to state that a retailer is not allowed to retain any portion of the retail marijuana sales tax collected to cover the expenses of collecting and remitting the tax. The bill appropriates $330,625 to the department of revenue, and $114,199 to the department of law. (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.)

Effective January 1, 2024, the bill: Reduces the individual and marriage and family therapy practice requirement for licensure as a marriage and family therapist from at least 2 years of post-master's or one year of postdoctoral practice to at least one year of post-master's or one year of postdoctoral practice; and Reduces the post-degree clinical supervised practice period required for an applicant for licensure as a licensed professional counselor from at least 2 years of post-master's practice or one year of postdoctoral supervised clinical practice to at least one year of post-master's or post-doctoral supervised clinical practice.(Note: This summary applies to this bill as introduced.)

The act establishes the state procurement equity program (program) in the department of personnel (department) for the purpose of reducing disparities identified in the state disparity study report prepared as required by Senate Bill 19-135 between the availability of historically underutilized businesses and the utilization of such businesses in state procurement. For preliminary implementation of the program, the department, in line with recommendations made in the state disparity study report, is required to: Provide solicitation assistance, defined by the act as the provision of real-time responses to questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts; and Create a bond assistance program to help historically underutilized businesses to offset all or a portion of the cost of obtaining a surety bond that is required for a solicitation for a state procurement opportunity. The act transfers $2 million from the general fund to a newly created bond assistance program cash fund, and the fund is continuously appropriated to the department to implement the bond assistance program. The department is also required to convene, contract with a facilitator to facilitate discussion among, engage in consultation with, and strongly consider the formal policy recommendations of a stakeholder group, which, to the extent practicable, consists of government employees with procurement expertise, an employee of the procurement technical assistance center, a representative of the associated general contractors, owners or high-ranking employees of various types of historically underutilized businesses, and owners or high-ranking employees of businesses that are not historically underutilized businesses but have a demonstrable record of successful engagement and contracting with small businesses and have competed for or been awarded state contracts. The stakeholder group also includes any other individuals who have a demonstrable commitment to furthering equity in government procurement and substantial knowledge of procurement equity best practices who the department deems necessary or appropriate to include. The stakeholder group is required to: Closely examine the findings, conclusions, and recommendations in the state disparity study report; Using the information in the state disparity study report as a baseline for studying procurement equity programs in other states and at the federal and large local government level, identify best practices for successful program implementation and administration; and No later than November 1, 2023, present to the department a report of specific findings, remedial measures, and recommendations that includes, at a minimum: Prioritization of the recommendations in the state disparity study report; Confirmation or refutation of specified disparity study report findings; A preliminary estimate of the amount of initial and ongoing funding, personnel, information technology resources, and other resources needed to implement the policy recommendations and remedial measures in accordance with identified best practices; A step-by-step timeline for full implementation of the program; Suggested methodologies and metrics for evaluating the success of the program and ensuring program accountability on both the state agency and prime contractor sides; and Identification of any public or private sources of funding or other resources that may be available to expedite the implementation or ongoing administration of the program and reduce costs to the state. The department is required to report on its progress and policy recommendations and any suggested remedial measures of the stakeholder group, the preliminary plans, recommendations, and remedial measures of the department regarding full implementation of the program, and any recommendations that the department has regarding the need for related legislation during its January 2025 annual presentation to legislative oversight committees required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". $2,007,707 is appropriated from the general fund to the department, of which: $1,046,345 is for use by the executive director's office for the state procurement equity program; $961,362 is for use by the division of human resources for liability claims and liability legal services; and $114,824 is reappropriated from the money appropriated to the department to the office of information technology for the purpose of providing information technology services for the department.(Note: This summary applies to this bill as enacted.)