Rep. Naquetta Ricks

Section 1 of the act makes legislative declarations and findings regarding the shortage of health-care providers in the state, the presence of qualified, internationally trained medical professionals in the state, the ability of those professionals to assist the state in addressing health-care workforce needs, the barriers to entry into the health-care workforce these professionals face, and the need to reduce those barriers to facilitate the integration of these professionals into the state's health-care workforce. Section 2 establishes the following 2 programs in the department of labor and employment (CDLE) to assist international medical graduates (IMGs) seeking to integrate into the state's health-care workforce: The IMG assistance program, the purpose of which is to provide direct services to IMGs, including a review of an IMG's education, training, and experience to recommend appropriate next steps for integrating the IMG into the state's health-care workforce; technical support and guidance through the credential evaluation process; and scholarships to assist in defraying the costs of the medical licensure process; and The clinical readiness program, the purpose of which is to provide a curriculum for and assessments of IMGs to help them build the skills necessary to enter a medical residency program. Section 2 also directs the executive director of CDLE to include in CDLE's annual report to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" information about the IMG assistance program, the clinical readiness program, and any progress made in addressing barriers IMGs face in securing positions in medical residency programs. To fund the programs, the act also authorizes the general assembly to appropriate money from the general fund or other sources and authorizes the CDLE to seek, accept, and expend gifts, grants, and donations from private and public sources. The act precludes the CDLE from implementing the programs unless sufficient amounts are received to fund the costs of the programs. With regard to requirements for licensure under the "Colorado Medical Practice Act" (medical practice act): Section 3 defines "IMG" for purposes of the medical practice act; Section 4 reduces the length of postgraduate clinical training that an IMG must complete to qualify for a medical license from up to 3 years to one year; and Section 5 allows an IMG to obtain a reentry license if the IMG has a current or expired international medical license and meets Colorado medical board-specified qualifications and requirements, including an assessment of the IMG's competency to practice.(Note: This summary applies to this bill as enacted.)

Colorado law requires a towing carrier (carrier) to notify law enforcement, within 30 minutes after towing an abandoned vehicle, of the carrier's name and the storage location and description of the vehicle. The act clarifies that the carrier is deemed to have complied if: The carrier gave the location of the storage facility to law enforcement when obtaining authorization for the tow; or The carrier made 2 or more attempts within the 30 minutes after the tow to notify a law enforcement agency but was unsuccessful for reasons beyond the control of the carrier. When a carrier tows a vehicle without the owner's or lienholder's consent, current law requires the carrier to notify the department of revenue (department), the owner, and the lienholder of the tow between 2 and 10 days after the tow, thus imposing a 2-day waiting period before notification. The act repeals this waiting period and instead requires notice within 10 days after the tow and caps at $75 the amount the carrier may charge for sending this notice; however, the act encourages carriers to wait 24 hours after a tow to notify the owner and lienholder of the tow. Except for the first 24 hours, daily storage fees are forbidden until the carrier has sent the required notice to the owner and lienholder. A carrier's mechanic's lien does not attach to a vehicle for 30 days after notice was sent to the owner or lienholder of the vehicle if the carrier tows a vehicle from private property without the owner's, operator's, or lienholder's consent. If the owner or lienholder fails to retrieve the towed vehicle for 30 days, Colorado law authorizes the carrier to sell the vehicle to recover the carrier's fees. The act requires the carrier to set the sale price at the time of sale, list the fair market price at the time of sale, and report the sale price to the department within 5 business days after the sale. The law also requires the vehicle to be appraised by an independent third-party. Before the act, the balance of the money from the vehicle sale, after the carrier and law enforcement were reimbursed, was sent to the department to pay any taxes or fees. The act repeals this requirement and replaces it with a requirement that the carrier give the money to the lienholder or owner, depending on any lien. If the money is never claimed, it is sent to the unclaimed property program. The amount of the fee that a carrier must pay to have a carrier's permit is changed from $150 to being set by the public utilities commission (PUC), and approved by the executive director of the department of regulatory agencies, to cover the cost of regulating carriers. The PUC is authorized to deny an application for a carrier permit or to refuse to renew a carrier permit when a carrier has been convicted of a towing-related offense. The PUC may deny an application or refuse to renew a permit of a towing carrier based on a determination that there is good cause to believe the issuance of or renewal of the permit is not in the public interest. The act requires that carriers that are towing a vehicle from private property without the owner's, operator's, or lienholder's consent must: Display at their place of business and on any website the current maximum rates permitted by rule of the PUC for each tow service provided by the towing carrier, and the sign must include information about how to make a complaint to the PUC; Accept cash and major credit cards, as defined by rule of the PUC, and, upon request, disclose the accepted forms of payment; Not charge storage fees for a day on which the carrier did not store the vehicle; Before connecting to a vehicle, photographically document the vehicle's condition and the reason for the tow. Failure to produce documentation of the vehicle's condition or the reason for the tow creates a rebuttable presumption that any damages to the vehicle were caused by the carrier or that the tow was not authorized. Maintain an area at each storage facility with lighting adequate to inspect a vehicle for damage; Upon demand of the owner within 30 days after providing the owner notice that the vehicle has been towed, retrieve the contents of the towed vehicle or allow the owner to retrieve the vehicle or the contents; Upon the owner paying 15 percent of the fees or $60, whichever is less, and signing a form acknowledging the remainder of the debt, retrieve the towed vehicle or the contents of the towed vehicle or allow the owner to retrieve the vehicle or the contents; Obtain authorization from the property owner, leaseholder, or common interest community within 24 hours before towing a vehicle from private property; With certain exceptions, give 24 hours' written notice before removing a vehicle from a parking spot or the common areas of a condominium, cooperative, apartment, or mobile home park; Post adequate signs that a vehicle may be towed if parked inappropriately; Upon request, provide evidence of the carrier's insurance coverages; Have a sign at storage facilities that states the name, telephone number, and hours of operation of the carrier's business; Upon request, provide an itemized bill showing each charge and the rate for each fee that the person has incurred; Give written notice of the ability to make a complaint to the PUC; For a carrier to perform a nonconsensual tow, other than for an abandoned motor vehicle, from private property normally used for parking, the property owner or carrier must have provided adequate signs communicating the parking regulations that subject a vehicle to being towed; and Unless ordered by a peace officer, not tow a vehicle from private property because the rear license plate shows the vehicle registration is expired. If a carrier fails to comply with the provisions of the act, the carrier may not charge or retain any fees or charges for the services performed with respect to the vehicle and must return any fees it collected with respect to the vehicle. It is an affirmative defense in any action to collect towing fees that the carrier failed to comply with these provisions. If a carrier damages a vehicle or violates these provisions in a manner that causes damages and refuses to reimburse the owner, operator, or lienholder, the owner or lienholder may recover attorney fees. Carriers are required to record certain information about each nonconsensual tow, retain the information in their records for 3 years, and produce the records within 48 hours upon request. A carrier is prohibited from paying money or other valuable consideration to a landowner or business for the privilege of nonconsensually towing vehicles. It is a deceptive trade practice to violate the provisions of the act, and the attorney general is responsible for enforcement. Upon making a finding that a towing practice harms the public interest, the PUC may promulgate rules to stop or change the practice. The act appropriates $109,475 to the department of regulatory agencies for use by the PUC for implementation of this act and reappropriates $5,733 of the money to the department of personnel for vehicle replacement lease and purchase services. (Note: This summary applies to this bill as enacted.)

With regard to a unit owner's delinquency in paying unit owners' association (HOA) assessments, fines, or fees, section 1 of the act: Requires an HOA to first contact the unit owner regarding the delinquency by, in addition to sending a notice of delinquency to the unit owner by certified mail and by posting a copy of the notice on the unit owner's property, contacting the unit owner by at least one other method of communication, including first-class mail, an e-mail, or a text message. The HOA must keep records of its contacts to the unit owner regarding the delinquency. The unit owner may identify a language other than English in which the unit owner wants the HOA to send all correspondence and notices to the unit owner. The unit owner may also identify another person to serve as a designated contact for the unit owner. Prohibits an HOA, or a property management company acting on behalf of an HOA, from referring the delinquent account to a collection agency or attorney unless a majority of the HOA's board of directors vote to refer the matter on the record at a hearing; Prohibits an HOA from imposing daily late fees or fines and requires the HOA to provide a unit owner a period to cure a violation of any HOA governing documents before the HOA may fine the unit owner and, with respect to a violation that is not a threat to public safety or health, to provide the unit owner 2 30-day periods to cure the violation before the HOA may take legal action against the unit owner, which legal action for unpaid fines cannot include foreclosure. A violation that the HOA reasonably determines is a threat to public safety or health requires only a 72-hour period to cure before the HOA may fine the unit owner. Along with section 3, prohibits an HOA from charging a rate of interest on unpaid assessments, fees, or fines in an amount greater than 8% per year; Requires an HOA, on a monthly basis, to send each unit owner with an outstanding balance owed to the HOA an itemized list of all assessments, fines, fees, and charges owed; Prohibits an HOA from assessing a fee or other charge for providing the unit owner a statement of the total amount that the unit owner owes the HOA; Requires an HOA to adopt a policy to provide, with a notice of delinquency, information regarding an alleged violation, a description of the steps that the HOA must take before it can take legal action against the unit owner, and a description of the types of legal action that the HOA may take against the unit owner; Before an HOA may initiate a foreclosure action against a unit owner, requires that the HOA offer the unit owner a repayment plan to pay the debt in monthly installments in an amount determined by the unit owner so long as installments are in amounts of $25 or greater, and the unit owner either declines the offer or, after accepting the offer, fails to make at least 3 monthly payments within 15 days after the installments were due; and Along with section 6, authorizes a party seeking to enforce rights or responsibilities arising under an HOA's governing documents, in relation to the unit owner's delinquency, to file a claim in small claims court if the amount at issue does not exceed $7,500 exclusive of interest and costs. Section 2 authorizes the executive board of an HOA to conduct a disciplinary hearing or determine whether to refer a delinquency matter in executive session, but the unit owner who is the subject of the disciplinary hearing or referral of a delinquency matter may request and receive the results of the vote taken on the matter. Section 4 provides that fees, charges, late fees, and attorney fees may be subject to a statutory lien but are not subject to foreclosure and places limitations on attorney fees. Section 4 also prohibits a member of an HOA's executive board, an employee of a community association management company representing the HOA, an employee of a law firm representing the HOA, or an immediate family member of an executive board member, a community association management employee, or a law firm employee from purchasing a unit on which the HOA has foreclosed its assessment lien. Section 5 requires an HOA to apply a unit owner's payments first to any unpaid assessments and then to any unpaid fines, fees, or charges. Section 5 also allows a unit owner to file a civil action against an HOA if the HOA violates any foreclosure laws. The unit owner may seek damages in an amount up to $25,000 plus costs and reasonable attorney fees. (Note: This summary applies to this bill as enacted.)

The act implements most of the recommendations of the department of regulatory agencies, as contained in the department's sunset review of the board of real estate appraisers (board), as follows: Continues the board for 9 years, until September 1, 2031; Requires the board to adopt rules to authorize an exemption from compliance with the uniform standards of professional appraisal practice that would allow an appraiser to perform an evaluation instead of a full appraisal for a federally regulated financial institution and authorizes an appraiser to conduct an evaluation in accordance with the board's rules; Amends statute to comport with federal law, including updating the number of appraisers with which a licensed appraisal management company does business, updating the qualifications for licensure to require the minimum appraisal experience required by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization, clarifying that the federal regulating authorities that regulate a financial institution are exempted from state registration or licensure, and aligning the hours of continuing education required for reactivation of an inactive license with the number of hours required by the Appraiser Qualifications Board; Repeals the requirement that the board send letters of admonition by certified mail; and Clarifies that fines are assessed on a per-violation basis and reduces the maximum penalty from $2,000 to $1,000, which maximum penalty applies to any violation.(Note: This summary applies to this bill as enacted.)

The act creates the Delta Sigma Theta Sorority special license plate for motor vehicles. An applicant qualifies for issuance of the license plate if the applicant is a member of the sorority and pays all required taxes and fees. In addition to the standard motor vehicle fees, the applicant must pay 2 one-time fees of $25 for issuance of the license plate. One fee is credited to the highway users tax fund and the other to the licensing services cash fund. For the 2022-23 state fiscal year, $27,437 is appropriated for use by the division of motor vehicles in the department of revenue (department) to implement the act, of which amount $2,129 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 creates the crime prevention through safer streets grant program (grant program) in the department of public safety (DPS). Local governmental agencies or local government in partnership with a community-based nonprofit organization can apply to DPS for grants for improvements designed to decrease crime and create safer streets. The act directs DPS to establish policies and procedures for the grant program. It also creates an advisory committee to review grant requests and make recommendations to the executive director of DPS. The executive director reviews responses to the requests for proposals and grants and determines which local governmental agencies will receive money and the amount of each grant. The act appropriates from the general fund $10.3 million to DPS for the grant program. (Note: This summary applies to this bill as enacted.)

The act establishes the behavioral health-care continuum gap grant program in the behavioral health administration (BHA). The BHA administers the grant program. As part of the behavioral health-care continuum gap grant program, the BHA may award community investment grants to support services along the continuum of behavioral health-care and children, youth, and family services grants to expand youth-oriented and family-oriented behavioral health-care services. A community-based organization, local government, federally recognized Indian tribe, or nonprofit organization is eligible for a community investment grant. A community-based organization, local government, federally recognized Indian tribe, local collaborative management program, judicial district juvenile services planning committee, or nonprofit organization is eligible for a children, youth, and family services grant. The BHA must develop a behavioral health-care services assessment tool that behavioral health-care continuum gap grant program applicants can use to identify regional gaps in behavioral health and substance use disorder services, underserved populations, and unmet behavioral health needs. In awarding grants, the BHA shall give preference to applicants providing a service that addresses a gap in services identified with the BHA's assessment tool or a county, regional, or community assessment tool. In order to receive a community behavioral health-care continuum gap grant, an applicant must offer a monetary contribution or in-kind contributions that directly support the behavioral health-care services provided with the grant award. The BHA may waive the monetary or in-kind contribution requirement for applicants requesting a grant of less than $50,000. Each grant recipient must report to the BHA about its use of the grant award. The state department of human services must include information about the grant program in its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing. The act establishes the substance use workforce stability grant program in the BHA. A substance use disorder treatment provider, a recovery provider, and local governments are eligible for a grant. In order to receive a grant, a provider must prioritize providing services to voluntary and civil clients. The BHA shall prioritize awarding grants to providers that offer same-day or next-day appointments, serve low-income and marginalized populations, or intend to expand the number of individuals they serve. A grant recipient shall use a grant award to support direct care staff who spend 50% or more of their time working with clients. The act appropriates $75 million from the behavioral and mental health cash fund to the state department for the behavioral health-care continuum gap grant program and $15 million from the behavioral and mental health cash fund to the state department for the substance use workforce stability grant program. (Note: This summary applies to this bill as enacted.)

Beginning January 1, 2023, the bill grants a survivor of torture who is receiving care and rehabilitation services from a rehabilitative service provider eligibility for medical assistance without federal financial participation. (Note: This summary applies to this bill as introduced.)

The act authorizes a postsecondary institution to refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds, unless the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds, or if the student can demonstrate that the transcript or diploma is needed for certain purposes. If a postsecondary institution provides a transcript or diploma to a current or former student, the act prohibits the postsecondary institution from: Conditioning the provision of a transcript or diploma on the payment of a debt, other than a fee charged to provide the transcript or diploma; Charging a higher fee to obtain a transcript or diploma or providing less favorable treatment in response to a transcript or diploma request because a current or former student owes a debt; or Using transcript or diploma issuance as a tool for debt collection. The act requires each postsecondary institution to adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld from a current or former student. Beginning July 1, 2024, the act requires each postsecondary institution to annually report certain information to the department of higher education concerning transcript, diploma, and registration holds. The act authorizes the student loan ombudsperson (ombudsperson) to provide information to the public regarding the limits on withholding a transcript or diploma and authorizes the ombudsperson and the administrator of the "Uniform Consumer Credit Code" (administrator) to receive complaints from a current or former student who has had a transcript or diploma withheld. Beginning January 2025, the act requires the attorney general's office to compile data on the complaints received by the ombudsperson and the administrator concerning transcript and diploma holds and report the data through the annual SMART act hearing. (Note: This summary applies to this bill as enacted.)

The bill directs the department of revenue, the secretary of state, and the office of information technology to conduct a study concerning the need for and feasibility of allowing registered electors to update the address of record on their voter registration record when they update their address on their vehicle registration or update their address on their driver's license.(Note: This summary applies to this bill as introduced.)