The act states that, effective January 1, 2023, except as may be required by an athletic association, conference, or other group or organization with authority over intercollegiate athletics (association), including the National Collegiate Athletic Association, an institution of higher education (institution) shall not uphold any rule, requirement, standard, or other limitation that prevents a student athlete of the institution from earning compensation from the use of the student athlete's name, image, or likeness (compensation). A student athlete's earning of compensation may not affect the student's scholarship eligibility. An association shall neither prevent a student athlete from earning compensation nor prevent an institution from participating in intercollegiate athletics because a student athlete receives compensation. Neither an institution nor an association shall: Provide compensation to a current or prospective student athlete; Provide remuneration to a prospective student athlete for the prospective student athlete's athletic performance or potential athletic performance; or Prevent a student athlete from obtaining professional representation in relation to contracts or legal matters, including representation provided by athlete advisors and legal representation provided by attorneys. A student athlete shall not enter into a contract providing compensation to the student athlete (athlete contract) if the athlete contract conflicts with a contract of the team for which the student athlete competes (team contract). A team contract that is entered into, modified, or renewed on or after January 1, 2023, may not prevent a student athlete from using the student athlete's name, image, or likeness for a commercial purpose when the student athlete is not engaged in official team activities. A student athlete who enters into an athlete contract shall disclose the athlete contract to the athletic director of the institution within 72 hours after the student athlete enters into the athlete contract. A student athlete who is aggrieved by an act taken in violation of the act may bring an action for injunctive relief. (Note: This summary applies to this bill as enacted.)
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Under current law, the Centennial south campus of the Centennial correctional facility is only able to house inmates under limited circumstances. The act opens the facility for up to 650 close custody inmates. The act requires the executive director of the department of corrections (department), to develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado related to housing out-of-state prisoners in private prisons in Colorado. The act gives the executive director the authority to rescind his or her approval for placement of out-of-state prisoners in a Colorado private prison. The act directs the division of local government (division) in the department of local affairs to contract with a nationally recognized research and consulting entity to study future prison bed needs in Colorado. While conducting the study, the entity shall solicit input from local communities and other interested parties or issue experts, including but not limited to public safety experts, victim's advocates, prosecutors, defense attorneys, and community reentry providers and shall convene an advisory committee with representatives from the areas that have a private prison to consult with the entity during the study. The division shall hold public hearings in the areas that have a private prison to allow public input on the study. The study must include: An analysis of the economic and other impacts that potential prison closure would have on local governments and the wider community and recommendations on strategies to diversify the local economy; A utilization analysis of all state and privately operated facilities and all other facilities that can be used for housing inmates; and An analysis of the feasibility of the department to obtain privately owned facilities or utilize unused state-owned buildings in Colorado. The division shall report the study to the judiciary committees of the senate and house of representatives during the committees' SMART Act hearings held during the 2021 session. The act adds to the list of achievements that allow an inmate to receive earned time showing exemplary leadership through mentoring, community service, and distinguished actions benefitting the health, safety, environment, and culture for staff and other inmates. Under current law, an offender is not entitled to an evidentiary hearing for resentencing when the offender is rejected for placement in a community corrections program. The act requires the sentencing court to provide the offender with a new sentencing hearing for any termination from a community corrections program. The act amends the escape statutes to exclude from the concepts of custody or confinement for purposes of escape: Direct sentences to, or transitioning from the department to, a community corrections program; Participating in a work release or home detention program; Intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility; Being housed in a staff-secure facility; or Placement in an intensive supervision parole program. The act creates a new crime of unauthorized absence if the person is serving a supervised sentence outside of a prison and: Leaves or fails to return to his or her residential or facility location without permission of the supervising agency and in violation of the terms and conditions of supervision; or Removes or tampers with an electronic monitoring device required by the supervising agency to be worn by the person in order to monitor his or her location without permission and with the intent to avoid arrest, prosecution, monitoring, or other legal processes. The act appropriates $250,000 from the general fund for the required study. The act makes adjustments to the appropriations to department of corrections for the operation of the Centennial south campus of the Centennial correctional facility. (Note: This summary applies to this bill as enacted.)
The act enacts the "Creating a Respectful and Open World for Natural Hair Act of 2020", also known as the "CROWN Act of 2020", which specifies that, for purposes of anti-discrimination laws in the context of public education, employment practices, housing, public accommodations, and advertising, protections against discrimination on the basis of one's race include hair texture, hair type, or a protective hairstyle commonly or historically associated with race, such as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps. (Note: This summary applies to this bill as enacted.)
The act enacts the softbound volumes of the Colorado Revised Statutes 2019 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.)
Under existing law, the penalty for driving while a person's license or privilege to drive is under restraint includes that the person may not be issued a license or granted any driving privileges for a period of time beyond the initial restraint. This penalty is in addition to a sentence to the county jail or fines that may be imposed as a penalty for driving under restraint. The bill removes the penalty restricting a person's driving privileges beyond the initial restraint when the initial restraint is for reasons other than an alcohol-related offense. Under existing law, the department of revenue is required to immediately revoke an habitual offender's driver's license. The bill removes this revocation requirement when a person is an habitual offender solely because of convictions for driving under restraint when the restraint is for reasons other than an alcohol-related offense. (Note: This summary applies to this bill as introduced.)
Property tax - residential assessment rate. Based on a residential target percentage that is equal to 45.69%, the act lowers the residential assessment rate from 7.2% to 7.15% for property tax years commencing on and after January 1, 2019, until the next property tax year that the general assembly adjusts the rate.(Note: This summary applies to this bill as enacted.) Read More
Tenants and landlords - bed bugs in residential premises. The act requires a tenant to promptly notify the tenant's landlord via written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant who gives the notice electronically shall send it only to the e-mail address, telephone number, or electronic portal specified by the landlord in the rental agreement for communications. In the absence of such a provision in the rental agreement, the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant. The tenant shall retain sufficient proof of the delivery of the electronic notice. Not more than 96 hours after receiving notice of the presence or possible presence of bed bugs, a landlord: Shall inspect or obtain an inspection by a qualified inspector of the dwelling unit; and May enter the dwelling unit or any contiguous unit for the purpose of conducting the inspection. If the inspection of a dwelling unit confirms the presence of bed bugs, the landlord shall also cause to be performed an inspection of all contiguous dwelling units as promptly as is reasonably practical. With certain exceptions, a landlord is responsible for all costs associated with inspection for, and treatment of, the presence of bed bugs. If a landlord, qualified inspector, or pest control agent must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice before the landlord, qualified inspector, or pest control agent attempts to enter the dwelling unit. A tenant who receives the notice shall not unreasonably deny access to the dwelling unit. A tenant shall comply with reasonable measures to permit the inspection for, and treatment of, the presence of bed bugs, and the tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with inspection and treatment requirements is liable for the cost of subsequent bed bug treatments of the dwelling unit and contiguous units if the need for the treatments arises from the tenant's noncompliance. If any furniture, clothing, equipment, or personal property belonging to a tenant is found to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, equipment, or personal property should not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed. The tenant shall not dispose of personal property that was determined to contain bed bugs in any common area where such disposal may risk the infestation of other dwelling units. A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably suspects contains bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the landlord is offering for rent contained bed bugs within the previous 8 months. Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date, if any, on which a dwelling unit being rented or offered for rent was inspected for, and found to be free of, bed bugs. A landlord who fails to comply with the requirements of the act is liable to the tenant for the tenant's actual damages. A landlord may apply to a court of competent jurisdiction to obtain injunctive relief against a tenant who refuses to provide reasonable access to a dwelling unit or fails to comply with a reasonable request for inspection or treatment of a dwelling unit. (Note: This summary applies to this bill as enacted.) Read More
Regulated marijuana - reorganization - sunset - appropriation. The act makes changes to the retail and medical marijuana codes and continues those codes until 2028 with a sunset review prior to 2028. The act defines the terms, "advertising", "branding", and "consumer education materials". The act requires industrial hemp that is used in medical marijuana-infused products or retail marijuana products to be tested prior to manufacturing the product. The act allows retail marijuana stores to sell industrial hemp consumables. The act creates limits on the amount of medical marijuana flower, medical marijuana concentrate, and medical marijuana products that a medical marijuana store can sell to an individual in one day. For flower, the limit is 2 ounces; for concentrate, the limit is 20 grams; and for products, the limit is 20,000 milligrams. The act allows a physician to provide an exemption to the limits. Under current law, there is an exception to the "Colorado Food and Drug Act" for medical marijuana but not one for retail marijuana. The act repeals the exception for medical marijuana. The act streamlines the statutes related to license renewal by: Eliminating statutory timelines for local licensing and allowing local ordinance to determine the application timelines; Allowing a licensee that has submitted a timely renewal application to operate until the application is acted upon; and Repealing statutes related to the order in which state and local licenses must be processed. Under current law, there are 2 separate licenses related to research: A research and development license and the research and development cultivation license. The act merges the 2 licenses into one. The act gives the state licensing authorities the ability to seek injunctive relief and investigatory subpoenas from district courts related to nonlicensed entities. Under current law, there is a broad grant of confidentiality to records and information related to licensees. The act provides similar protections to applicants, patients, and customers. The act also makes the following information that was confidential available to the public: Final agency actions, testing records on an aggregated and de-identified basis, applicant and licensee demographic information on an aggregated and de-identified basis, and enforcement forms and compliance checklists. In both the medical marijuana code and the retail marijuana code, there are unlawful acts sections that create criminal violations, but the provisions in the 2 codes are not the same. The act makes the unlawful acts consistent. The act makes it an unlawful act to engage in a regulated marijuana business without the proper license and to adulterate or alter samples of marijuana or marijuana products to circumvent testing requirements. Under current law, a person is prohibited from being licensed if the person discharged a sentence for a felony within 5 years of applying for licensure or discharged a drug felony conviction within 10 years of applying for licensure. The act changes the law so a person is prohibited from licensure if the person was convicted of a felony within 3 years of applying for licensure or is currently serving a sentence for a felony or a deferred judgment or sentence. The act creates the following new categories of ownership: Controlling beneficial owner, passive beneficial owner, and indirect financial interest holder. Under current law, a patient who has submitted an application to be on the registry but has not received a patient card must present a copy of the application and a certified mail return receipt when purchasing medical marijuana at a center. The act repeals the requirement for a certified mail return receipt and requires proof of application. The act directs the state licensing authorities to track information on license disqualifications based on criminal history. Under current law, all medical marijuana sold at a medical marijuana center must be labeled with a list of chemical additives. Under current law, a medical marijuana-infused products manufacturer may only use medical marijuana from 5 different sources to produce a medical marijuana product. The act repeals these requirements. The act requires the state licensing authority to adopt rules that prevent redundant testing of medical marijuana concentrate for residual solvent when all of the inputs of the concentrate have passed the residual solvent testing. The act creates 2 new retail marijuana license types: Accelerator cultivators and accelerator manufacturers. The accelerator licenses allow a cultivator and manufacturer to operate respectively on the premises of a licensed retail marijuana cultivation facility or retail marijuana products manufacturer. The accelerator licensee can receive technical, compliance, and capital assistance from the host-licensed retail marijuana business. A licensed business that hosts an accelerator licensee may be eligible for reduced licensing fees. Applications for the licenses may be filed beginning on July 1, 2020. The act clarifies that a marijuana business licensee may hold a gaming license. The act requires that each medical marijuana and retail marijuana store post a warning sign related to the use of marijuana while pregnant or breastfeeding. The act allows a medical marijuana or retail marijuana cultivation facility that has approval to change locations from the state licensing authority to operate one license at 2 different locations while transitioning from the old location to the new location. The act allows marijuana licensees to transfer electronic marijuana waste to a person for the purposes of recycling or reuse. The act allows retail marijuana stores, retail cultivation facilities, and retail marijuana products manufacturers to provide performance-based incentives to employees including sales-based, performance-based incentives to employees. The act prohibits the open and public consumption of marijuana and allows local jurisdictions to make exceptions to the prohibition if the locations are not accessible to the public or a substantial number of the public without restriction. The prohibition does not apply to a licensed business that permits consumption on its premises if the business is operating with the conditions of its license. The act states that marijuana business employees are not agricultural workers unless they are farm laborers. The act also states that, if it is determined that marijuana business are not covered by the national "Labor Relations Act", then employees of marijuana businesses are covered by the Colorado "Labor Peace Act". The act allows regulated marijuana businesses to recycle marijuana consumer waste. The state licensing authority must treat a metered-dose inhaler the same as a vaporized delivery device for purposes of regulation and testing. Under federal law, there may be negative immigration consequences for a person legally in the United States who works in the regulated marijuana industry. Prior to accepting an application for a license, registration, or permit, the state licensing authority shall inform the applicant that having a medical marijuana or retail marijuana license and working in the medical marijuana or retail marijuana industry may have adverse federal immigration consequences. The act allows a medical marijuana or retail marijuana cultivation facility to obtain medical marijuana seeds or immature plants from its own medical marijuana, commonly owned from the retail marijuana of an identical direct beneficial owner, or marijuana that is properly transferred from another medical marijuana business pursuant to the inventory tracking requirements imposed by rule. Regulated marijuana employees can be compensated by performance-based incentives, including sales-based, performance-based incentives. The act makes technical changes and repeals obsolete provisions. The act combines the laws for regulated medical marijuana and retail marijuana, which are currently separate articles in title 44, into one article in title 44. The act incorporates the provisions of HB 19-1090, publicly traded regulated marijuana businesses, and HB 19-1234, regulated marijuana delivery, into the new consolidated article. The act takes effect on January 1, 2020. For the 2019-20 state fiscal year, $396,604 is appropriated from the marijuana cash fund to the department of revenue. (Note: This summary applies to this bill as enacted.) Read More
Unlawful sexual conduct by a peace officer - new offense - sex offender registration required - appropriation - applicability. The act creates the offense of unlawful sexual conduct by a peace officer. A peace officer commits the offense when he or she knowingly engages in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances: When the peace officer encounters the victim for the purpose of law enforcement or in the performance of the officer's duties; When the peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority. Unlawful sexual conduct by a peace officer is a class 4 felony when the offense is committed by sexual contact and is a class 3 felony when the offense is committed by sexual intrusion or sexual penetration. An offender convicted of unlawful sexual conduct by a peace officer is required to register as a sex offender. An offender convicted of class 3 felony unlawful sexual conduct by a peace officer is subject to lifetime supervision. To comply with the statutorily required 5-year prison appropriation, the act appropriates: For the 2019-20 state fiscal year, $178,471 from the capital construction fund to the corrections expansion reserve fund; For the 2020-21 state fiscal year, $39,701 to the department of corrections from the general fund; For the 2021-22 state fiscal year, $43,916 to the department of corrections from the general fund; For the 2022-23 state fiscal year, $43,311 to the department of corrections from the general fund; For the 2023-24 state fiscal year, $41,491 to the department of corrections from the general fund.(Note: This summary applies to this bill as enacted.) Read More