Sen. Kyle Mullica

The act creates a process for the establishment of a county revitalization authority (authority). An authority is a corporate body that uses tax increment and private financing to conduct a county revitalization project (project) in a revitalization area in accordance with a county revitalization plan. A county revitalization plan (plan) is a plan for the project. A plan must be: Reviewed by the county planning commission, accompanied by a county revitalization impact report, the subject of a public hearing, and approved by the board of county commissioners (the governing body). Any modifications to the plan must also be approved by the governing body. A plan may provide for tax increment financing. An authority may not undertake a project unless, based on evidence presented at a public hearing, the governing body by resolution has both determined that the area where the authority will undertake the project is a revitalization area and designated the area as appropriate for the project. A revitalization area is an area that, upon the implementation of a plan, could substantially promote the sound growth of the county, improve economic and social conditions, and further the health, safety, and well-being of the public. The creation of an authority may be initiated by the registered electors of a county filing a petition with the governing body or by the governing body adopting a resolution. In either case, there is a public hearing and, after that hearing, the governing body determines whether to create the authority. If a governing body decides to create an authority, the governing body appoints the authority commissioners, except for commissioners who are appointed by and as representatives of special districts that have joined the authority. Any taxing entity, other than the county itself or a school district, that levies taxes in an area that would fall under the plan proposed by an authority may file a petition with the authority requesting to join the authority. The authority shall hold a hearing to determine whether to allow the taxing entity to join the authority. An authority may: Undertake projects; Agree with the county or other relevant public body to plan, replan, zone, or rezone any part of the county or other public body in connection with a project; Make bylaws, orders, rules, and regulations; Make and execute contracts; Acquire property by purchase, lease, option, gift, grant, devise, condemnation, or eminent domain; Dedicate property acquired by the authority for public works, improvements, facilities, utilities, and other purposes; Mortgage, pledge, hypothecate, or otherwise encumber or dispose of its property; Set aside, dedicate, and devote project real property to public uses in accordance with the plan or set aside, dedicate, and transfer real property to an appropriate public body for public uses in accordance with the plan; Sell, lease, or otherwise transfer real property or any interest therein acquired by the authority as part of a project; Insure any of its properties or operations; Invest any of its money in the same manner as a public body; Issue bonds; Borrow money and apply for and accept loans, grants, and contributions; Make appropriations and expenditures of its money; Establish and maintain general, separate, or special funds and bank accounts; and Make reasonable relocation payments to individuals, families, and business concerns situated in the county revitalization area that will be displaced by the authority. An authority does not have any power to levy or assess ad valorem taxes, personal property taxes, or any other forms of taxes, including special assessments against any property. APPROVED by Governor June 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Under current law, if maintenance, repair, or construction activities are occurring or will occur within 4 hours on a portion of a state highway, the Colorado department of transportation (department) is permitted, but not required, to designate the portion of the highway as a highway maintenance, repair, or construction zone. The act: Removes the 4-hour time period relating to maintenance, repair, or construction activities that will occur on a portion of a state highway but maintains the 4-hour time period relating to maintenance, repair, or construction zones that are not on a state highway; and Requires the department to designate a portion of a state highway on which construction activities are occurring as a highway construction zone. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

For civil actions filed on or after January 1, 2025, the act increases the cap on damages for noneconomic loss or injury from $250,000 to $1.5 million, and, starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation. Current law specifies who may sue for wrongful death. The act adds a sibling of the deceased as a party who may bring a wrongful death action in certain circumstances. The act imposes a wrongful death damages cap of $2.125 million, and, starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation. Beginning January 1, 2025, the act incrementally increases the medical malpractice wrongful death damages limitation to $1.575 million over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. Existing law limits the amount recoverable for noneconomic damages in medical malpractice actions to $300,000. Beginning January 1, 2025, the act incrementally increases the noneconomic damages limitation to $875,000 over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. APPROVED by Governor June 3, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

To the extent the coverage is not in addition to the benefits provided pursuant to the health insurance benchmark plan, the act requires all individual and group health benefit plans to provide health insurance coverage for pediatric acute-onset neuropsychiatric syndrome (PANS) and includes pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS). The coverage provided for PANS and PANDAS must adhere to treatment recommended and be developed by a consortium of medical professionals convened to identify and publish clinical practice guidelines and evidence-based standards for the diagnosis and treatment of PANS and PANDAS. The coverage includes, among other treatments and therapies, antibiotics, medication and psychological and behavioral therapies to manage neuropsychiatric symptoms, immunomodulating medicines, plasma exchange, and intravenous immunoglobulin therapy if certain conditions are met. The mandatory coverage provision applies to large group policies and contracts issued or renewed in this state on or after January 1, 2025. For individual and small group policies and contracts, the division of insurance in the department of regulatory agencies (department) shall implement the coverage for individual and small group plans on or after January 1, 2026, if the federal department of health and human services (federal department) affirms the department's determination, or otherwise affirms, that the coverage does not require state defrayal of any increased costs for coverage of PANS and PANDAS or the department determines that the federal department's unreasonable delay precludes requiring defrayal. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

The act amends the "Colorado Consumer Protection Act" to make the sale of electronic smoking devices to minors an unfair or deceptive trade practice, which gives the attorney general or a district attorney explicit authority to bring an action against a person who sells or offers for sale an electronic smoking device to an individual who does not meet the age restriction to purchase the electronic smoking device. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

The act implements, with amendments, the recommendations of the department of regulatory agencies (DORA) in its sunset review and report on the division of financial services (division), which is created within DORA. Specifically, the act: Continues the division and the financial services board (board) for 9 years, until 2033; Authorizes a credit union to merge with a credit union that is chartered in another state; Increases the maximum civil penalty for violating a cease-and-desist order or suspension order from $1,000 per day to $5,000 per day; Repeals a provision that prohibits credit unions from having overlapping geographic fields of membership; Repeals a requirement that the board send hearing notices by certified or registered mail; Authorizes a credit union to determine the date upon which its fiscal year ends and the date of the credit union's annual membership meeting; and Replaces gender-specific language with gender-neutral language. Additionally, the act removes obsolete statutory references to the federal office of thrift supervision, which no longer exists. Under Colorado law pertaining to life care institutions, an entrance fee is an initial or deferred transfer to or for the benefit of a provider of a sum of money or other property made or promised to be made as full or partial consideration for the acceptance or maintenance of a specified individual as a resident in a life care facility. The act states that if an entrance fee is in the form of a sum of money, the sum must be greater than 4 times the amount of a regular periodic charge under a life care contract at the life care facility. The act also clarifies that: The term "life care" includes the occupancy of a living unit, nutrition services, and nursing services; A resident's living unit may change based on the appropriate care needs of the resident; and The term "provider" does not include a unit owners' association of a common interest community. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The clerk of a municipality (clerk) is authorized to refer a campaign finance complaint (complaint) that was filed with the clerk and that arises out of a municipal campaign finance matter to the secretary of state (secretary) if the municipality in which the complaint was filed has adopted an ordinance that: Authorizes the municipality to refer a complaint to the secretary based on an actual or potential conflict of the clerk or the clerk's staff, as determined in writing by the clerk; or Authorizes the municipality to refer a complaint to the secretary because the municipality does not have a complaint and hearing process. Before referring a complaint to the secretary, a clerk is required to review the complaint to determine if it was filed in writing, signed by the complainant, and identifies one or more respondents. If the complaint does not satisfy these 3 criteria, the clerk is required to dismiss it, and if it does, the clerk is required to refer it to the secretary. To refer a complaint to the secretary a municipality must provide a copy of the ordinance that authorizes such referral to the secretary within 180 days of the election. The act specifies certain criteria that the ordinance must satisfy. A clerk is required to provide notice to a person who files a complaint if the clerk dismisses the complaint or refers the complaint to the secretary. A municipality is required to cooperate with the secretary in the review, investigation, and determination of any complaint referred to the secretary. If the secretary receives a complaint referred by a clerk, the secretary is required to deem the complaint filed with the secretary on the date of receipt from the clerk and ensure that the complaint is addressed in accordance with the requirements of the act. In addition, if the complaint is referred by a home rule municipality, the secretary is required to apply the substantive provisions of the home rule municipality's local law in processing, investigating, and resolving the complaint. For the 2024-25 state fiscal year, $170,723 is appropriated to the department of state from the department of state cash fund for the implementation of the act. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Beginning January 1, 2026, the act removes the requirement that the department of health care policy and financing (department) fully assess a person in need of long-term services and supports for the appropriate level of care before the person is presumed eligible for the medical assistance program. The act authorizes the department to make any necessary changes to any other federal authorizations that are authorized by the federal centers for medicare and medicaid services in order to implement the presumptive eligibility requirements for persons in need of long-term services and supports. APPROVED by Governor June 3, 2024 PORTIONS EFFECTIVE August 7, 2024 PORTIONS EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)

The act requires the judicial department to collect, compile, and publish online, on a monthly basis, aggregate residential eviction data for all forcible entry and detainer actions filed in each county in the immediately preceding month. The judicial department shall make individual case level residential eviction data available upon request from a qualified entity. The act requires the complaint for an eviction action to be filed using a standard form that is available through the judicial department's website and include the street address and the zip code; except that a court must accept a complaint that does not use the standardized form if the complaint meets the requirements of this section. For the 2024-25 state fiscal year, the act appropriates $136,122 from the general fund to the judicial department for use by courts administration. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)

The act makes 2 principal changes to current firefighter benefit programs. First, the act expands state funding for the firefighter heart and circulatory malfunction benefits program to include part-time and volunteer firefighters. Second, the act provides state funding for the firefighter cancer benefits program for eligible firefighters. The act requires an employer of a covered individual to provide access to specified heart and circulatory malfunction benefits to part-time and volunteer firefighters in addition to full-time firefighters and the employer is reimbursed by the state for providing the benefits. The requirement that an employer provide these benefits becomes voluntary if funding is insufficient. The act requires an employer of an eligible firefighter to participate in a cancer trust for firefighter benefits, but specifies that if funding to reimburse the employer is insufficient, participation in the trust becomes optional. The act also requires an employer to participate in a funded trust to provide cardiovascular screenings, at a minimum, and other health screenings and prevention, as practicable, to peace officers. The trust is reimbursed by the state for providing the benefits, and if funding to reimburse the trust is insufficient, then the requirement for employers to provide the specified program is optional. The general assembly is required to appropriate money from the general fund to the department of local affairs to reduce employer contributions for volunteer and part-time firefighters in the following amounts: $300,000 for state fiscal year 2024-25; 500,000 for state fiscal year 2025-26; 650,000 for state fiscal year 2026-27; and $1,000,000 for state fiscal year 2027-28. In addition, on July 1, 2028, the state treasurer is required to transfer $2,500,000 from the general fund to the firefighter benefits cash fund and to transfer sufficient funds, subject to annual appropriation, on each July 1 thereafter, to reimburse employers for the direct costs of providing the benefits for volunteer and part-time firefighters under the firefighter heart and circulatory malfunction benefits program. The general assembly is required to appropriate money from the general fund to the division of criminal justice in the department of public safety for reimbursing a multiple employer health trust for providing cardiovascular screenings for peace officers in the following amounts: $200,000 for state fiscal year 2024-25; 250,000 for state fiscal year 2025-26; 350,000 for state fiscal year 2026-27; $500,000 for state fiscal year 2027-28; and $1,000,000 for state fiscal year 2028-29. For state fiscal year 2024-25, the act appropriates $300,000 from the general fund to the department of local affairs for use by the division of local government for firefighter heart and circulatory malfunction benefits and $200,000 from the general fund to the department of public safety for use by the division of criminal justice for cardiovascular screenings for peace officers. APPROVED by Governor May 29, 2024 EFFECTIVE May 29, 2024(Note: This summary applies to this bill as enacted.)