The act requires an online marketplace (marketplace) to require each high-volume third-party seller (seller) selling through its marketplace to disclose to the marketplace, and the marketplace to verify: The seller's bank account number; The seller's contact information; and The seller's business tax identification number or individual taxpayer identification number. A marketplace must suspend any future sales activity of a seller that does not provide the information. The marketplace also must require a seller with an aggregate total of $20,000 or more in annual gross revenues on the marketplace to disclose to the consumer the identity of the seller, including: The full name of the seller; The physical address of the seller; Whether the high-volume third-party seller used a different seller to supply the consumer product to the consumer upon purchase; and If requested by the purchaser, information relating to any seller that supplied the consumer product to the purchaser when the seller is different than the high-volume third-party seller listed on the product listing prior to purchase. The marketplace must disclose to consumers a reporting mechanism for consumers to report suspicious marketplace activity. A violation of the disclosure requirements is a deceptive trade practice. (Note: This summary applies to this bill as enacted.)
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Under current law, a neighborhood youth organization (NYO) serves youth as young as 6 years of age and as old as 18 years of age. The act lowers the minimum age of a youth member to 5 years of age if the youth is in kindergarten. The act permits an NYO to create an electronic or written process to record the daily arrival and departure times of youth members in order to track attendance, assess the impact of programs and services on youth members, and ensure an NYO operates in the best interest and safety of youth members. The act requires each NYO to maintain a complete set of records for youth members and personnel. Each neighborhood youth organization is required to maintain the confidentiality of certain records that are not subject to review by the public. Records concerning the licensing of an NYO's facilities and agencies are open to the public and a person who wishes to review a record must submit a written request to the department of human services. The act requires that an NYO's programs and services must occur primarily in a facility the NYO leases or owns or has been granted use of or access to. The act requires an NYO to offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary. An NYO serves all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations. (Note: This summary applies to this bill as enacted.)
Current law limits the number of days that a retired teacher who is a public employees' service association (PERA) retiree can work as a substitute teacher for a PERA employer without reduction in PERA retirement benefits. The act temporarily waives these limits for qualified service retirees in any school district or charter school while there are critical substitute teacher shortages. This temporary waiver does not count against the additional 10 service retirees that a state college or university or an employer in the school division or the Denver public schools division of PERA may hire. For purposes of the act, "substitute teacher" is defined to have no restriction in the length of a continuous assignment. (Note: This summary applies to this bill as enacted.)
Colorado law sets weight limits for vehicles that travel over roads. One of the factors that determines a vehicle's weight limit is whether a load is divisible, which means that the load can be divided up to lower its weight. The act deems that a load of fluid milk products carried by a vehicle is not a divisible load. (Note: This summary applies to this bill as enacted.)
The act establishes requirements for the creation and assignment of a health-care provider lien for a person injured in an accident. A health-care provider lien is a lien related to charges for health care provided to a person injured by the negligence or wrongful act of another person, which is asserted against money the injured person may receive from a personal injury claim or uninsured motorist claim.A health-care provider or the health-care provider's assignee creating a lien must advise the injured person of their options for payment, including the use of benefits from an insurance plan. In addition, the provider or assignee must provide additional disclosures about the lien, including how the health-care provider's assignee is compensated and of any common ownership interests among the lien holder and the injured person's health-care providers or legal counsel. The injured person must also be advised that, except in the case of fraud or misrepresentation:If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien; If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and The lien holder cannot assign the lien to a collection agency. The act requires that a health-care provider lien cannot include additional finance charges or interest and must be limited to the total of the usual and customary charges billed by health-care providers. In the absence of fraud or misrepresentation:If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien; If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and The lien holder cannot assign the lien to a collection agency. A health-care provider or its assignee must comply with the provisions of the act to have a valid health-care provider lien. If a court determines that a health-care provider or its assignee knowingly failed to comply, the injured person may seek a ruling from the court concerning which portions of the lien, if any, the health-care provider or assignee cannot recover.Except in an action under the "Uniform Consumer Credit Code", when a lien is assigned, the amount paid for the assignment, the fact of the assignment, and the terms of the assignment are not admissible as evidence in the underlying personal injury action.The holder of a health-care provider lien may file a record of the lien in accordance with the "Colorado Statutory Lien Registration Act". If more than one health-care provider lien has been asserted against an injured person's net judgment, settlement, or payment for the same accident or incident, a lien for which a record has been filed has priority for payment out of the injured person's net judgment, settlement, or payment over a lien for which no record is filed. If records are filed for more than one health-care provider lien for the same accident or incident, priority is determined by the date on which the record was filed, with the lien with the earliest date of filing having first priority. Filing a record is optional and does not waive any other provisions of the act.(Note: This summary applies to this bill as enacted.)
The act allows an owner of special mobile machinery who regularly rents or leases the special mobile machinery and who pays specific ownership tax on a monthly basis in an amount equal to 2% of the rental or lease payments for the special mobile machinery to apply to the department of revenue for a registration exempt certificate. The department shall issue the certificate if:The department verifies that the owner regularly has 1,000 or more items of such special mobile machinery in the state; Each item of such special mobile machinery is clearly marked or painted in a manner that identifies it as being owned by the owner; Each item of such special mobile machinery bears a visible and readily identifiable unique identification number assigned by the owner; and Each item of such special mobile machinery bears a visible toll-free telephone number for the owner that can be used for verification of ownership. The owner of any item of special mobile machinery that is covered by a registration exempt certificate is required to pay, at the time during each calendar year in which specific ownership tax is first paid for the item, all fees and surcharges that would otherwise be paid at the time of registration; except that the owner is not required to pay any fee imposed for the purpose of covering the direct costs of license plates, decals, or validating tabs or the direct costs incurred by an authorized agent of the department of revenue in registering or issuing license plates, decals, or validating tabs for the item.(Note: This summary applies to this bill as enacted.)
The act directs the office of information technology (office) to:Develop a centralized, statewide search interface for access to all agency rule-making that is highly visible on the state's main website and that meets various standards specified in the act; and Make the search interface available for use by June 30, 2022. The secretary of state and other state agencies are directed to provide access to the code of Colorado regulations, the Colorado register, and rule databases to the office to facilitate the development of the interface.The act appropriates $368,194 from the general fund to the office of the governor for use by the office. The act also appropriates $108,718 from the department of state cash fund to the department of state.(Note: This summary applies to this bill as enacted.)
Under current law, a secondary school teacher who has sexual contact with a student who is 18 years of age or older may not have committed a crime. The act provides that an educator who subjects a secondary school student who is 18 years of age or older to sexual intrusion or sexual penetration commits the crime of abuse of public trust by an educator if the educator is at least 4 years older than the student. Abuse of public trust by an educator is a class 1 misdemeanor. Consent by the student is not a defense to the crime.The act requires a public school prior to employing a person to inquire with the department of education (department) regarding whether the person was dismissed or resigned based on an allegation of a sexual act with a student 18 years or older.The act requires that if an employee of a public school is dismissed or resigns as a result of an allegation of a sexual act involving a student who is 18 years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the governing board of the charter school or school board shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The public school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department. The act prohibits a public school from entering into a settlement agreement that would restrict the public school from sharing any relevant information related to an allegation of a sexual act involving a student who is 18 years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based.Under current law, the department of education can impose licensing sanctions on unethical behavior and professional incompetence. The act requires the state board of education to promulgate appropriate rules defining the standards of unethical behavior and professional incompetency. Unethical behavior must include conduct involving a sexual act between an applicant or holder and a student, including a student who is 18 years of age or older, regardless of whether the student consented to the sexual act.(Note: This summary applies to this bill as enacted.)