The act eliminates the marijuana possession offense for possession of 2 ounces of marijuana or less.The act raises the limit for illegal possession of marijuana by an underage person from one ounce of marijuana or less to 2 ounces of marijuana or less.The act requires the court to seal a conviction record, without opportunity for the district attorney to object, for a marijuana possession offense that is otherwise not sealed, if the person files documents with the court that the person has not been convicted of a criminal offense since the final disposition of all criminal proceedings or release from supervision, whichever is later.The act allows a person who was convicted of a class 3 felony marijuana cultivation offense to petition to have his or her conviction record sealed.(Note: This summary applies to this bill as enacted.)
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The bill prohibits a legal entity that targets products or services to people in Colorado (covered entity) from collecting, storing, or using biometric identifiers of a Colorado consumer unless it: Provides the consumer with information about what biometric identifiers are collected; Obtains the consent of the consumer to the collection, storage, or use of the biometric identifiers; and Informs the consumer that the consumer can revoke consent at any time and how to do so. If a consumer revokes consent to collect, store, or use biometric identifiers, the covered entity is required to cease collection within 30 days and to delete or destroy any biometric identifiers it has stored. A violation of the bill's requirements is an unfair or deceptive trade practice. A governmental entity is prohibited from acquiring, possessing, or using biometric identifiers or a biometric surveillance system unless authorized by statute. A governmental entity is prohibited from selling, releasing, or publicly disclosing biometric identifiers or information from a biometric surveillance system in its possession and from buying or otherwise receiving such information from a third party, unless: The sale, disclosure, or receipt of the information is necessary to comply with a court order or rule or with state or federal law; or The person who is the subject of the information consents in writing. An individual can bring a private right of action against a governmental entity that violates the bill's requirements. Upon a finding of a violation, a court can award actual damages, punitive or exemplary damages, reasonable attorney fees and costs, and other relief. "Biometric identifier" is defined to include a retina or iris scan, a voice print, a face print, a fingerprint or palm print, or any other unique identifying information based on an individual's immutable characteristics. (Note: This summary applies to this bill as introduced.)
The act requires retail establishments that offer goods or services to accept United States currency (cash) to purchase the goods or services, but does not apply to:Establishments that do not have an individual accepting payment in person; Establishments that provide a device to convert cash into a prepaid card with no fee and a minimum balance of no more than one dollar; A transaction in which a security deposit is placed on a credit card or in which a credit card number is provided to cover unforeseen damages or expenses; and A bank or credit union. A violation is a class 2 petty offense punishable by a fine of up to $250. The act applies to offenses committed on or after the effective date of this act.(Note: This summary applies to this bill as enacted.)
The act ensures that clean energy resources and energy storage systems used to store electricity are assessed for valuation for the purpose of property taxation in a similar manner to renewable energy facility property used to generate and deliver electricity. The act also modifies the income approach for certain renewable energy facilities by extending the"tax factor" from a 20-year period to a 30-year period. It also specifies that after the 20- or 30-year period, as applicable, a tax factor is not applied and the taxable value shall not exceed the depreciated value floor calculated using the cost basis method. The administrator is also required to utilize the income approach for solar energy facilities that generate 2 megawatts or less, so that similar facilities will be valued in the same manner.(Note: This summary applies to this bill as enacted.)
The bill allows a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the restaurant and other eating places industry, and the mobile food services industry in the state in order to allow such qualified retailers to retain the resulting sales tax collected as assistance for lost revenue as a result of the economic disruptions due to the presence of coronavirus disease 2019 (COVID-19) in Colorado. (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 act requires the state treasurer, on behalf of the state, to execute a lease-purchase agreement in an amount up to $65,500,000 plus reasonable and necessary costs to fund certain capital construction needs for state institutions of higher education that are continuations of previously funded projects as specified by the capital development committee. The capital development committee is required to post the list of specific projects and the cost of each project on its official website no later than August 15, 2020. The capital development committee is also required to specify in this list, in the event of any excess money as a result of the issuance, what any remainder money must be used for. (Note: This summary applies to this bill as enacted.)
With regard to coverage under a health benefit plan for HIV infection prevention medications, the act: Prevents a health insurance carrier from requiring a covered person to undergo step therapy or to receive prior authorization before receiving HIV infection prevention drugs prescribed and dispensed by a pharmacist; and Requires carriers to reimburse a pharmacist employed at an in-network pharmacy for prescribing HIV infection prevention drugs to a covered person and to provide an adequate consultative fee to those pharmacists. Additionally, the act: Allows a pharmacist to prescribe and dispense HIV infection prevention drugs pursuant to a standing order or a statewide protocol if the pharmacist fulfills specific requirements; Directs the department of public health and environment to develop and implement a standing order for pharmacists to prescribe post-exposure HIV infection prevention drugs; Directs the state board of pharmacy, the Colorado medical board, and the state board of nursing, in collaboration with the department of public health and environment, to develop statewide drug therapy protocols for pharmacists to prescribe and dispense HIV infection prevention drugs and the state board of pharmacy to promulgate rules to implement the protocols; and Expands the definition of "practice of pharmacy" to include the prescribing and dispensing of HIV infection prevention drugs and the ordering of laboratory tests in conjunction with prescribing or dispensing the drugs. $13,347 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.)