The act creates a statutory cause of action for a victim of sexual misconduct that occurred when the victim was a minor. The victim may bring a civil claim against the actor who committed the sexual misconduct and against an organization that operates or manages a youth-related activity or program (youth program) if the organization knew or should have known of a risk of sexual misconduct against minors and the sexual misconduct occurred while the victim was participating in a youth program managed by the organization. The act waives sovereign immunity for the claim so a victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.The cause of action is available to a victim of sexual misconduct that occurred on or after January 1, 1960. A person who was the victim of sexual misconduct that occurred between January 1, 1960, and January 1, 2022, must commence an action before January 1, 2025. There is no limitation on the time to bring a claim for sexual misconduct that occurs on or after January 1, 2022. A person may not, prior to an incident of sexual misconduct, waive the right to bring a civil action; any purported pre-incident waiver is void as against public policy.A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct. Any pre-judgment interest on the claim does not begin to accrue until the claim is filed.The maximum amount that may be recovered for a claim against a public employee or public entity is the limitation on damages set forth in the "Colorado Governmental Immunity Act". For all other claims, the maximum amount recoverable is $500,000; except that if the court finds by clear and convincing evidence that the defendant failed to take remedial action against a person that the defendant knew or should have known posed a risk of sexual misconduct against a minor and the court finds that the application of the limitation would be unfair, the court may increase the award to up a maximum of $1,000,000.The act appropriates $1,198,355 from the general fund to the department of personnel for risk management and reappropriates $1,137,838 of that appropriation and provides 5.9 FTE to the department of law to provide legal services.(Note: This summary applies to this bill as enacted.)
Sponsored bills
When a peace officer is present at the scene of an emergency, an emergency medical service provider (EMS provider) authorized to administer ketamine in a prehospital setting shall only administer ketamine if the EMS provider has:Weighed the individual to ensure accurate dosage or estimated the individual's weight with the agreement of at least 2 personnel trained in weight assessment if the EMS provider is unable to weigh the individual; Training in the administration of ketamine; Training in advanced airway support; Equipment available to manage respiratory depression; and Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions. An EMS provider who administers ketamine shall provide urgent transport to the individual receiving ketamine and record any complications arising out of such administration. Absent a justifiable medical emergency, an EMS provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct. Any noncompliance by an EMS provider is considered misconduct.The act prohibits a peace officer from using, directing, or unduly influencing the use of ketamine upon another person and from compelling, directing, or unduly influencing an EMS provider to administer ketamine. A peace officer who is also certified as an EMS provider may administer ketamine when the decision is based on the EMS provider's training and expertise.An EMS provider shall confidentially report a peace officer's violation to the peace officers standards and training board (P.O.S.T. board) within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.A peace officer shall not unduly influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer; except that a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the EMS provider's assessment of the need to administer ketamine. When a peace officer directs a person to assist the peace officer, the person is prohibited from administering ketamine.The act requires a peace officer who witnesses another peace officer use ketamine in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of ketamine. Any peace officer who fails to report use of ketamine commits a class 1 misdemeanor. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.The act requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using ketamine in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.The act changes the structure of the emergency medical practice advisory council (advisory council) by adding an anesthesiologist and a clinical psychiatrist. The act requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any new chemical restraints.Beginning January 1, 2022, and each January 1 thereafter, the department of public health and environment (department) shall submit an annual report on the statewide use of ketamine by EMS providers and any complications that arise out of such use to the general assembly. The department shall make the report available on the department's website.The act appropriates $132,488 to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.(Note: This summary applies to this bill as enacted.)
The act renames the existing "health disparities grant program" as the "health disparities and community grant program" (program) and expands the program to authorize the office of health equity (office) to:Award grants from money currently transferred from the prevention, early detection, and treatment fund to the health disparities grant program fund (fund) for the purpose of positively affecting social determinants of health to reduce the risk of future disease and exacerbating health disparities in underrepresented populations; and Award grants from any additional money appropriated by the general assembly to the fund to community organizations to reduce health disparities in underrepresented communities through policy and systems changes regarding the social determinants of health. On or before July 1, 2022, and continuing every 2 years thereafter, the department of public health and environment (department), in collaboration with the health equity commission and other stakeholders, is required to conduct an assessment and publish a report concerning health disparities and inequities that includes an assessment of the impact of social determinants of health on health disparities and inequities and recommended strategies to begin to address such inequities.Within 6 months after the publication of the department's first report, the governor is required to convene the health equity commission to develop an equity strategic plan and to ensure that there is coordination in equity-related work across state agencies to address the social determinants of health. Additional state agencies are added to and required to participate on the commission and are required to develop an equity strategic plan in the agency's respective area.$4,872,818 is appropriated to the department for use by the office of health equity to implement the act. Of the total amount appropriated, $4,821,035 is from the general fund and $51,783 is from the health disparities grant program fund.(Note: This summary applies to this bill as enacted.)
The act increases requirements for disclosure and transparency in the operations of unit owners' associations (HOAs) in common interest communities, including requiring an HOA to maintain and keep available to unit owners, as part of its official records:A list of the HOA's current fees chargeable upon sale of a home in the community; and Other information currently required to be disclosed annually under existing law, including financial statements, reserve fund balances, insurance policies, and meeting minutes. If access to the association records described above are not provided within 30 calendar days after a request was submitted by certified mail, the HOA is liable for a penalty of $50 per day for not providing them.Section 2 of the act adds specificity to the requirement that HOAs allow installation of renewable energy generation devices (e.g., solar panels) subject to reasonable aesthetic guidelines by requiring approval or denial of a completed application within 60 days and requiring approval if imposition of the aesthetic guidelines would result in more than a 10% reduction in efficiency or a 10% increase in price.Section 1 specifically includes nonvegetative turf grass (also known as artificial turf) among the types of drought-tolerant landscaping materials that the HOA may regulate but not prohibit in the backyard area of a unit. Section 3 adds a similar provision to a companion statute.The act does not apply to HOAs that include time-share units.(Note: This summary applies to this bill as enacted.)
The act directs the department of higher education and the department of education to convene a workgroup on diversity in the educator workforce (workgroup).The department of higher education and the department of education shall select the members of the workgroup. The departments may seek recommendations or nominations from interested stakeholders. The workgroup members must be representative of the racial and ethnic diversity of the Colorado student population by ensuring that at least 50% of the workgroup is comprised of persons from historically underrepresented minority groups.The workgroup shall investigate barriers to the preparation, retention, and recruitment of a diverse educator workforce and shall consider strategies to increase diversity in the educator workforce. The act includes specific issues for the workgroup to consider.The workgroup shall submit a written report of its findings and recommendations to the education committees of the general assembly no later than September 30, 2022. The workgroup may submit interim findings and recommendations during the 2022 legislative session.Under current law, the department of higher education reports annually concerning educator preparation programs, including enrollment, graduation rates, outcomes of graduates, and performance on assessments administered for licensure. The act requires the department of higher education to include the required information disaggregated by the candidates' or graduates' gender, race, and ethnicity. Further, the information contained in the annual report must be posted on the department of higher education's and the department of education's websites.The act appropriates $20,115 from the general fund and provides 0.3 FTE to the department of education to implement the act and appropriates $7,400 from the general fund to the department of higher education to implement the act.(Note: This summary applies to this bill as enacted.)
During the 2020 regular legislative session, the general assembly enacted Senate Bill 20-123 concerning the rights of college athletes, and, in connection therewith, establishing their right to receive compensation for the use of their names, images, and likenesses and their right to obtain professional and legal representation. The governor subsequently signed Senate Bill 20-123 into law.Senate Bill 20-123 was enacted with an effective date of January 1, 2023. The act changes this effective date to July 1, 2021.(Note: This summary applies to this bill as enacted.)
The act specifies that for harassment that is bias-motivated or a bias-motivated crime, the bias motivation only needs to be part of the defendant's motivation in committing the crime.The act makes the crime of harassment when the harassment is bias-motivated a victim rights act crime, which provides a victim certain statutory rights.(Note: This summary applies to this bill as enacted.)
The act establishes the office of gun violence prevention (office) within the department of public health and environment to coordinate and promote effective efforts to reduce gun violence. The office is required to conduct public awareness campaigns to educate the general public about state and federal laws and existing resources relating to gun violence prevention.Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration.The office is required to create and maintain a resource bank as a repository for data, research, and statistical information regarding gun violence in Colorado. The office must collaborate with researchers to improve data collection in Colorado and use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities.The office is required to issue a report to the general assembly every 5 years summarizing gun violence prevention measures adopted by local jurisdictions. This reporting requirement is contingent upon Senate Bill 21-256 being enacted and becoming law.The act appropriates $3,000,000 to the department of public health and environment for program costs related to family and community health for the office of gun violence prevention.(Note: This summary applies to this bill as enacted.)
The act appropriates $3,000,000 to the department of human services (department) in order to seek a 50% match from the federal government for the Colorado employment first program within the supplemental nutrition assistance program. The act requires the department to direct county departments and any third-party partners to prioritize any state or federal money received to fund employment support and job retention services and to support work-based learning opportunities for Colorado employment first participants. Any remaining money may be used to initiate and enhance current and additional state- or county-initiated third-party partnerships.(Note: This summary applies to this bill as enacted.)
The act creates the small business accelerated growth program (program) administered by the Colorado office of economic development (office). The program provides business development support to small businesses with 19 or fewer employees. The office is required to develop a marketing initiative for the program in coordination with the minority business office, the small business development center, and local and regional economic development entities to promote the program. The businesses selected to participate in the program have one year to use the business development support offered by the program, and $1,350,000 in grants from the Colorado startup loan fund are for participants demonstrating need and success under the program.The act makes an appropriation.(Note: This summary applies to this bill as enacted.)