The act authorizes human remains to be converted to soil using a container that accelerates the process of biological decomposition, also known as "natural reduction". Natural reduction is added to the statutes that regulate funeral establishments, and this addition will result in the regulation of the natural reduction process. But the definitions of "cremation" and "mortuary science practitioner" are amended so that a practitioner of natural reduction is not regulated as a cremationist or mortuary science practitioner.The act allows the disposal of abandoned naturally reduced remains if the remains are not claimed within 180 days after natural reduction.The act prohibits the following when done in the course of business:Selling or offering to sell the soil; Commingling the soil of more than one person without the consent of the person or persons with the right of final disposition unless the soil is abandoned; Commingling the human remains of more than one person without the consent of the person or persons with the right of final disposition within the container wherein natural reduction produces soil; or Using the soil to grow food for human consumption. Colorado law has various provisions that deal with burial, cremation, interment, and entombment. In connection with authorizing natural reduction, the act replaces these terms with the phrase "final disposition", which term is defined to include natural reduction. The act updates the following types of provisions to reflect the option to use natural reduction:Life insurance statutes; Preneed funeral insurance contracts; The "Mortuary Science Code"; Funeral picketing statutes; Litigation damages; The "Colorado Probate Code"; The "Disposition of Last Remains Act"; The "Revised Uniform Anatomical Gift Act"; Missing person reports for unidentified human remains; Public peace and order statutes; Vital statistics statutes; The "Colorado Medical Assistance Act"; The "Colorado Human Services Code"; The "Colorado Public Assistance Act"; and Firefighter pension plans.(Note: This summary applies to this bill as enacted.)
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Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2019, and before November 1, 2020, with the exception of certain rules of the following agencies, as specifically listed in the act:The state board of education concerning administration of the public school transportation fund; The air quality control commission concerning stationary source permitting and air pollutant emission notice requirements; and A number of boards and commissions within the department of regulatory agencies concerning rules implementing H.B. 20-1326 and S.B. 20-102. Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2021, on the grounds that the rules either conflict with statute or lack statutory authority.(Note: This summary applies to this bill as enacted.)
The act requires each dental plan issued, amended, or renewed in this state to cover services offered to a covered person through telehealth. The act also requires the state's medical assistance program to reimburse providers for dental care services provided through telehealth.(Note: This summary applies to this bill as enacted.)
Under existing law, a declaration made pursuant to the "Colorado Medical Treatment Decision Act" must be signed in the presence of 2 witnesses. The act permits the declaration to be witnessed, as described in existing law, or acknowledged before a notary public or other individual authorized by law to take acknowledgments.A donor may make an anatomical gift by a donor card or other record signed by the donor. If the donor is physically unable to sign a record, the record may be signed by another individual at the direction of the donor and be witnessed by at least 2 adults, at least one of whom is a disinterested witness. The act permits the record of a person unable to sign to be witnessed, as described in existing law, or acknowledged before a notary public or other individual authorized by law to take acknowledgments.(Note: This summary applies to this bill as enacted.)
The act creates the "Pet Store Consumer Protection Act", which requires each pet store licensed to sell or offer to sell dogs or cats to:Include on all advertisements, including website postings, the purchase price of the dog or cat and any applicable federal or state license numbers for the breeder of the dog or cat; Post on the enclosure of each dog or cat the purchase price of the dog or cat and certain information on the dog's or cat's breeder; and Make certain written disclosures to a prospective consumer prior to selling a dog or cat. The act preserves the right of a statutory or home rule local government to enact requirements for pet stores that are more stringent than the requirements of the 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 act facilitates business entities' ability to conduct business activities electronically by:Defining terms, including address, delivery, document, e-mail, electronic transmission, notice, and sign, that relate to electronic communications; Specifying how notice may be given by electronic transmission; and Establishing requirements for remote participation in shareholders' and directors' meetings.(Note: This summary applies to this bill as enacted.)
Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The act defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the act applies to a cause of action that accrues on or after January 1, 2022, or a cause of action accruing prior to January 1, 2022, so long as the applicable statute of limitations has not yet run as of January 1, 2022.The act removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries.The act repeals the limited waiver of the doctor- or psychologist-patient privilege for claims brought by a person under disability.Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The act repeals this limitation.Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The act eliminates this restriction.Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitations for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The act removes this exemption.(Note: This summary applies to this bill as enacted.)
The act enacts the softbound volumes of the Colorado Revised Statutes 2020, the 2020 Colorado Special Supplement of Voter Approved Changes, and the 2020 Colorado Special Session Supplement as the positive and statutory law of the state of Colorado and establishes the effective date of said publication.(Note: This summary applies to this bill as enacted.)
The bill establishes the legal responsibilities of wakeboard park operators and wakeboarders who use wakeboard parks, including: An operator's responsibility to post boundary markings and any warnings necessary for the safe enjoyment of the wakeboard park; A wakeboarder's assumption of the inherent dangers and risks involved in wakeboarding at a wakeboard park; and Limitations on the type and amount of liability that an operator has with regard to a wakeboarder's loss or injury suffered while wakeboarding at the operator's wakeboard park. The bill also defines the rights and responsibilities between wakeboarders at a wakeboard park. (Note: This summary applies to this bill as introduced.)