The act implements the recommendations of the department of regulatory agencies' (department) sunset review and report on the licensing of massage therapists by: Continuing the licensing requirements for 9 years, until September 1, 2031; Granting sole discretion to the director of the division of professions and occupations to approve the licensure examination for massage therapists by repealing the reference to national licensure examinations as an option for massage therapist applicants to take in lieu of another examination approved by the director; and Adding, as grounds for disciplining a massage therapist, engaging in fraud, misrepresentation, deception, or cheating in taking or furnishing the results of a required examination or having the person's score on the examination invalidated by the testing provider because the person was determined to have cheated or engaged in fraud, misrepresentation, or deception in taking the examination.(Note: This summary applies to this bill as enacted.)
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The bill clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied upon to the extent that those decisions determined: The foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and That a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act allows a person to operate a licensed medical marijuana business and a licensed retail marijuana business at the same location if permitted by the local licensing authority and the local jurisdiction where the businesses are located and subject to requirements regarding separation of operations. (Note: This summary applies to this bill as enacted.)
The act prohibits a person from openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the 100-foot no open carry zone for firearms. Exceptions are made for persons who own private property within the 100-foot buffer zone to carry a firearm on the private property; peace officers acting within the scope and authority of their duties to carry a firearm; and uniformed security guards employed by a contract security agency acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location. Openly carrying a firearm inside or within 100 feet of a polling location, central count facility, or drop box is a misdemeanor, punishable by a maximum $1,000 fine, up to 364 days imprisonment in the county jail, or both; except that, for a first offense, the fine shall not exceed $250 and the sentence of imprisonment shall not exceed 120 days. (Note: This summary applies to this bill as enacted.)
The act aligns the medicaid and children's basic health plan income eligibility requirements for pregnant women and children with federal law. Current law requires money in the healthcare affordability and sustainability fee cash fund (fund) to be used to expand eligibility for medicaid by increasing the income eligibility level for children and pregnant women under the children's basic health plan to up to 250% of the federal poverty line. The act increases the eligibility level to up to 260%. Under current law, if the money in the fund is insufficient to fully fund all the purposes of the fund, the medical services board (state board) may reduce the percentage of the federal poverty level. The act authorizes the state board to reduce the percentage of the federal poverty level to below 260%, but not below 250%. The act increases the medicaid income eligibility level for pregnant women from 185% of the federal poverty level to 195% of the federal poverty level, adjusted for family size. The act increases the income eligibility level under the children's basic health plan for children and pregnant women from 250% of the federal poverty level to 260% of the federal poverty level.(Note: This summary applies to this bill as enacted.)
The act extends the date by which the department of health care policy and financing shall administer the reproductive health-care program from January 1, 2022, to July 1, 2022. (Note: This summary applies to this bill as enacted.)
The bill implements a number of measures to protect pollinators and people throughout the state. Section 1 of the bill makes legislative findings.Section 2 restricts the use of pesticides on the grounds of a school, preschool program, child care center, or children's resident camp and requires that notification be sent when a pesticide is used at such a location. The executive director of the department of public health and environment may adopt rules to implement section 2.Section 3 requires the executive director of the department of natural resources or the executive director's designee (DNR executive director) to conduct a study on how to address pollinator decline and increase pollinator health in the state. In conducting the study, the DNR executive director shall consult with other state agencies and with scientists with expertise in pollinator health, ecological processes, biodiversity, native plants, and ecological land management. The DNR executive director shall submit a report of the study to the general assembly and the governor on or before January 1, 2024.Section 4 creates a pilot grant program in the department of agriculture to provide financial grants to agricultural producers to test the use of noncoated seed-applied systemic insecticide on their crops.Sections 5 and 6 require the commissioner of agriculture to adopt rules designating as restricted-use certain pesticides that contain an active ingredient belonging to the neonicotinoid class of insecticides or the sulfoxomine class of insecticides, but allowing the use of such pesticides in pet care, personal care, wood preservatives, and indoor pest-control products and products used on golf courses. The commissioner's rules will not affect the use of the restricted-use pesticides for agricultural purposes.Sections 7 through 10 authorize local governments to regulate pesticide use and remove certain preemptions regarding local government regulation of pesticide use.(Note: This summary applies to this bill as introduced.)
Current law allows, when authorized by the parks and wildlife commission (commission), a person to hunt and take a bobcat or mountain lion. The bill generally prohibits shooting, wounding, killing, or trapping a bobcat, Canada lynx, or mountain lion. The bill allows for the shooting, wounding, killing, or trapping or the attempted shooting, wounding, killing, or trapping if it is: Immediately necessary to protect an individual from bodily harm; By a peace officer or licensed veterinarian acting in the course and scope of their duties; By a federal, state, or local department of health to protect human health or safety; Authorized by a scientific collecting license; Authorized by a wildlife sanctuary license; Authorized by a commercial wildlife park license, unless the license authorizes the licensee to shoot, wound, kill, or engage in trapping bobcats, Canada lynx, or mountain lions; By a zoological park accredited by the Association of Zoos and Aquariums or is authorized by a zoological park license; Expressly authorized by federal law; By the division of parks and wildlife (division) for the protection of a threatened species or an endangered species; or By the division for the purpose of relocating the animal and is done using nonlethal methods and devices. A person that shoots, wounds, or kills a bobcat, Canada lynx, or mountain lion to prevent bodily harm to an individual must notify the division within 24 hours after the incident and may not, without authorization from the division, remove from the site, retain, or transfer all or a portion of the bobcat, Canada lynx, or mountain lion. The bill also establishes an exception for a livestock owner if the shooting, wounding, killing, or trapping of a bobcat or mountain lion occurs on land owned or leased by the livestock owner and is immediately necessary to protect livestock and to protect further loss of livestock if certain conditions are met. A person that shoots, wounds, kills, or traps a bobcat or mountain lion to protect livestock: Must report the wounding, trapping, or killing to the division within 5 days after the incident; May not, without authorization from the division, remove from the site, retain, or transfer all or a portion of the bobcat or mountain lion; and May not hold the animal in captivity unless for purposes of rehabilitation. A person that violates the bill is guilty of a misdemeanor, punishable by a fine of $500 to $2,000 or up to one year in jail, an assessment of 20 hunting license suspension points, and civil restitution of $700 for a mountain lion or bobcat and $1,000 for a Canada lynx. Additionally, upon conviction, the commission may suspend the person's hunting license for up to 5 years. The penalty for doing any of the following without legal authority is a class 5 felony: Selling or purchasing a mountain lion; Offering for sale or purchase a mountain lion; or Soliciting another person to illegally hunt or take a mountain lion for monetary gain.(Note: This summary applies to this bill as introduced.)
The act requires the department of health care policy and financing to administer a reproductive health care program (program) that provides contraceptive methods and counseling services to participants. The program must offer each participant at least a one-year supply of the requested contraceptive method or an alternative contraceptive method and not impose cost-sharing requirements.Beginning in fiscal year 2023-24, the department shall analyze and report the cost-effectiveness of the program to the public during its annual SMART act hearing.The act appropriates $4,125,347 from the general fund to the department of health care policy and financing to implement the act.(Note: This summary applies to this bill as enacted.)