The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition: A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts u nder the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and A licensed physician provides medical treatment, including chemotherapy or removal of an ectopic pregnancy, to the mother that results in the accidental or unintentional injury to or death of the unborn child. The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. A conviction related to the prohibition of the termination of the life of an unborn child constitutes unprofessional conduct for purposes of physician licensing. The bill does not prohibit the sale and use of contraception. The bill states that any act, law, treaty, order, or regulation of the United States government that denies or prohibits protection of a human person's inalienable right to life is null, void, and unenforceable, in this state and that the courts of the United States have no jurisdiction to interfere with Colorado's interest in protecting human life at conception, when human life begins. (Note: This summary applies to this bill as introduced.)
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The act establishes requirements for the creation and assignment of a health-care provider lien for a person injured in an accident. A health-care provider lien is a lien related to charges for health care provided to a person injured by the negligence or wrongful act of another person, which is asserted against money the injured person may receive from a personal injury claim or uninsured motorist claim.A health-care provider or the health-care provider's assignee creating a lien must advise the injured person of their options for payment, including the use of benefits from an insurance plan. In addition, the provider or assignee must provide additional disclosures about the lien, including how the health-care provider's assignee is compensated and of any common ownership interests among the lien holder and the injured person's health-care providers or legal counsel. The injured person must also be advised that, except in the case of fraud or misrepresentation:If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien; If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and The lien holder cannot assign the lien to a collection agency. The act requires that a health-care provider lien cannot include additional finance charges or interest and must be limited to the total of the usual and customary charges billed by health-care providers. In the absence of fraud or misrepresentation:If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien; If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and The lien holder cannot assign the lien to a collection agency. A health-care provider or its assignee must comply with the provisions of the act to have a valid health-care provider lien. If a court determines that a health-care provider or its assignee knowingly failed to comply, the injured person may seek a ruling from the court concerning which portions of the lien, if any, the health-care provider or assignee cannot recover.Except in an action under the "Uniform Consumer Credit Code", when a lien is assigned, the amount paid for the assignment, the fact of the assignment, and the terms of the assignment are not admissible as evidence in the underlying personal injury action.The holder of a health-care provider lien may file a record of the lien in accordance with the "Colorado Statutory Lien Registration Act". If more than one health-care provider lien has been asserted against an injured person's net judgment, settlement, or payment for the same accident or incident, a lien for which a record has been filed has priority for payment out of the injured person's net judgment, settlement, or payment over a lien for which no record is filed. If records are filed for more than one health-care provider lien for the same accident or incident, priority is determined by the date on which the record was filed, with the lien with the earliest date of filing having first priority. Filing a record is optional and does not waive any other provisions of the act.(Note: This summary applies to this bill as enacted.)
On and after May 31, 2021, the act changes the name of Lincoln park and Liberty park in the capitol complex to "Lincoln veterans' memorial park".The act makes an appropriation.(Note: This summary applies to this bill as enacted.)
Under current law, when real property is sold in a foreclosure sale for an amount above the value of the lien on the property, any excess amount (overbid), after paying all junior lienors, is paid to the owner of the property as of the recording of the election to foreclose. The act requires that any overbid is instead paid to the person liable under the related evidence of debt constituting a mortgage loan or deed of trust.The act also adds to the definition of "qualified holder" a private company that originates, insures, guaranties, or purchases loans on behalf of a holder of evidence of debt that is secured by a deed of trust encumbering a time share estate with a minimum of $5 million in assets or not less than 1,000 loans.(Note: This summary applies to this bill as enacted.)
The bill allows a retailer to advertise, directly or indirectly, or imply, that the retailer will absorb or pay any or all sales or use tax on purchases of tangible personal property or services sold. (Note: This summary applies to this bill as introduced.)
The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition: A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and A licensed physician provides medical treatment, including chemotherapy or removal of an ectopic pregnancy, to the mother that results in the accidental or unintentional injury to or death of the unborn child. The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. The sale and use of contraception is not prohibited by the bill. A conviction related to the prohibition of the termination of the life of an unborn child constitutes unprofessional conduct for purposes of physician licensing. The bill states that any act, law, treaty, order, or regulation of the United States government that denies or prohibits protection of a human person's inalienable right to life is null, void, and unenforceable in this state and that the courts of the United States have no jurisdiction to interfere with Colorado's interest in protecting human life at conception when human life begins. (Note: This summary applies to this bill as introduced.)
With certain exceptions, current law prohibits a concealed carry permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation. (Note: This summary applies to this bill as introduced.)
Under existing law, during a disaster emergency the governor may suspend or limit the sale, dispensing, or transportation of firearms, explosives, and combustibles. The bill repeals the governor's authority related to firearms and clarifies that the governor may not suspend or limit the sale of firearms ammunition during a disaster emergency. The bill repeals the prohibition on completing a handgun training class via the internet or in a location other than the physical location where the certified instructor offers the course. (Note: This summary applies to this bill as introduced.)
The bill establishes an income tax credit for the 2020 and 2021 income tax years for any taxpayer who: Has one or more qualified children whose school suspended in-person learning for at least 4 cumulative weeks during the 2020-21 school year due to the COVID-19 pandemic (suspension of in-person learning); and Incurred costs as a result of the suspension of in-person learning. The amount of the credit allowed is either the amount of the costs incurred by the taxpayer as a result of the suspension of in-person learning or $7,084 for any income tax year, whichever is less; except that the maximum amount of the credit that a taxpayer may claim in the 2020 and 2021 income tax years combined shall not exceed $7,084 total per taxpayer. A taxpayer is required to claim the credit for the income tax year in which the costs were incurred due to the suspension of in-person learning. The bill also creates an income tax credit for the 2020 and 2021 income tax years for any taxpayer who: Has one or more qualified children who experienced the suspension of in-person learning or whose daycare center was unable to provide in-person care for the qualified child for at least 4 cumulative weeks during the 2020-21 school year due to the COVID-19 pandemic; Had to provide care for the qualified child due to the suspension of in-person learning or the inability of the daycare center to provide care; and As a result of providing such care for the taxpayer's qualified child, was unable to work and experienced a loss of income. The amount of the credit allowed is either the amount of income the taxpayer lost as a result of not being able to work due to the suspension of in-person learning or the inability of the qualified child's daycare center to provide care or $7,084 for any income tax year, whichever is less; except that the total amount of the credit claimed in the 2020 and 2021 income tax years combined shall not exceed $7,084. A taxpayer must claim the credit for the income tax year in which the taxpayer lost income. A taxpayer who claims either income tax credit is required to retain certain information to provide to the department of revenue upon request by the department. A taxpayer who claims one credit created in the bill is ineligible to claim the other credit created in the bill. Both credits may be carried forward for 3 years but may not be refunded. (Note: This summary applies to this bill as introduced.)