In a contract between a supplemental health-care staffing agency (staffing agency) and a health-care worker or health-care facility for the placement of a licensed or certified nursing professional, the act prohibits the staffing agency from requiring payment for liquidated damages, employment fees, or other compensation (contract compensation) to the staffing agency if the health care facility hires the health-care worker as a permanent employee prior to or after the termination of the contract with the staffing agency; except that the prohibition does not apply to contract compensation attributable to and chargeable for a 30-calendar-day period commencing when the health-care worker is first placed at the health-care facility. If a staffing agency unlawfully collects or attempts to collect contract compensation from a health-care worker or health-care facility, the health-care worker or health-care facility may bring a legal action for damages, a civil penalty not to exceed $5,000 per violation, and injunctive relief. The prevailing party is entitled to reasonable attorney fees. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
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The act authorizes a prescription drug outlet (outlet) to operate an automated pharmacy dispensing system (system) for the purpose of dispensing prescription medications, other than controlled substances, to patients. The act requires an outlet dispensing prescription drugs through a system to: Register the system with the state board of pharmacy (board); Require a pharmacist to perform all clinical services as part of the dispensing process; Ensure that the system clearly displays the system's registration number and contact information; Locate each system at the same location as the outlet unless other criteria is met; Ensure confidentiality of health information; and Ensure that the system is accessible to persons with disabilities. An outlet may operate a system in the same or different location than the outlet if it is: Under the supervision and control of the outlet; Installed in a place and manner where it cannot be removed or accessed without authorization; and Located in a secure location. The act also requires each outlet operating a system: To develop, implement, and maintain written policies and procedures to ensure the proper, safe, and secure functioning of the system; Inside the premises of a retail business to only operate during the hours that the outlet is closed; and To make all transaction information readily available for review and inspection by the board. APPROVED by Governor May 1, 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 concurrent resolution amends section 13 of article II of the Colorado constitution to permit any person lawfully permitted to possess a handgun pursuant to federal and state law to carry a concealed handgun in any area of the state. The resolution permits the general assembly, by law, to prohibit concealed carry of handguns at the following places: Into a place where carrying firearms is prohibited by federal law; Onto the property of a public elementary, middle, junior high, or high school; or Into a public building at which security personnel and weapons screening devices are permanently in place at each entrance to the building, security personnel electronically screen each person who enters the building, and security personnel require each person who is carrying a weapon of any kind to leave the weapon in the possession of security personnel while the person is in the building.(Note: This summary applies to this concurrent resolution as introduced.)
The bill requires that in presidential primary elections, beginning with the 2028 presidential primary election, electors rank their 5 top choices for candidate. Each ballot counts as one vote for the highest ranked active candidate on that ballot. Votes are tabulated in rounds until 2 or fewer active candidates remain. Votes cast for a candidate who withdraws their candidacy for president of the United States and votes cast for a candidate with the fewest votes in a round of tabulation are transferred to the elector's next highest ranked active candidate on the ballot. Ties are determined by lot. Round-by-round tabulation results must be publicly reported as unofficial preliminary results beginning at the time the polls close on election day until all votes have been counted. The secretary of state must certify the results of each round of tabulation to the state chairperson and national committee of each political party that participated in the presidential primary election. The secretary of state is authorized to promulgate rules for the implementation of the ranked choice voting method for presidential primary elections. The bill also requires that for the 2024 presidential primary election, voters covered by the "Uniform Military and Overseas Voters Act" be allowed to cast votes on ballots that allow the voter to rank up to 5 candidates, including a write-in candidate, and provides for the manner in which such ballots are to be counted. Current law provides that ballots already printed that have votes cast for withdrawn, deceased, or disqualified candidates are invalid and are not to be counted. The bill makes an exception that ranked ballots with votes cast for withdrawn, deceased, or disqualified candidates for a presidential primary election are to be counted. (Note: This summary applies to this bill as introduced.)
The act continues the Colorado student leaders institute program and changes responsibility for the program from the department of higher education to the department of education. This change shifts oversight of the program from a governor-appointed executive board to the state board of education. The act transfers the long bill appropriation for the program from the department of higher education to the department of education. The bill appropriates $8,184 from the general fund to department of education to implement the act. APPROVED by Governor April 27, 2023 PORTIONS EFFECTIVE June 30, 2023 PORTIONS EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
The act adds information to the department of higher education's current annual reporting requirement as it relates to Colorado scholars. Current law limits the number of Colorado scholars that each institution counts in an academic year to 8% of the total number of in-state students. The act increases that limit to 15%. The act requires a peace corps volunteer to be classified as an in-state student for tuition purposes if the student was certified by the director of the peace corps as having served satisfactorily as a peace corps volunteer. A peace corps volunteer who is classified as an in-state student must not be counted as a resident student for any purpose other than tuition classification. APPROVED by Governor April 11, 2023 EFFECTIVE April 11, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the offense of unlawfully aiming a laser device at an aircraft (offense), which is a class 6 felony. A person commits the offense when the person knowingly points, focuses, or aims a laser device at an aircraft while the aircraft is occupied and the incident is reported to law enforcement by the pilot or crew member of the impacted aircraft. The act provides exemptions for a person who points a laser device at an aircraft under certain circumstances. APPROVED by Governor March 23, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies, as specified in the department's 2022 sunset review of the EPIC advisory board, to sunset the advisory board. APPROVED by Governor March 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.)
Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense (eligible person). The act allows an eligible person to apply for postconviction DNA testing: To show a reasonable probability that the person would not have been convicted; or If evidence was previously available and tested and the evidence now can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results. The act permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution. The act allows a court to consider a subsequent petition with new or different grounds for relief if the petitioner establishes good cause or the interests of justice so require. If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The act requires the district attorney to notify the victim of the hearing at which the victim can appear. APPROVED by Governor March 10, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)