The act directs the state auditor to contract with a public or private entity (contractor) to conduct a performance audit of the statewide system of standards and assessments and the statewide education accountability system. The act specifies the issues that the performance audit must address. By November 15, 2022, and following release by the legislative audit committee, the final report of the performance audit must be submitted to the commissioner of education, the state board of education, and the education committees of the general assembly.The act specifies the authority of the state auditor and the contractor to access nonfinancial records and information held by the department of education or held by public schools, school districts, boards of cooperative services, and the state charter school institute, if the records and information are not available from the department or from other sources.For the 2021-22 fiscal year, the act appropriates $300,000 from the general fund to the legislative department for use by the office of the state auditor and appropriates $52,000 from the general fund to the department of education to implement the act.(Note: This summary applies to this bill as enacted.)
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The act states that, in addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement concerning the buyer's right to cancel the contract.A dating service contract may not require payments or financing by the buyer over a period exceeding 2 years after the date the contract is entered into, nor may the term of any such contract be measured by the life of the buyer.Each dating service contract must contain language providing that:If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, so long as the buyer or the buyer's estate provides written verification of the death or disability to the dating service; If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and If the physician verifying the buyer's disability determines that the duration of the disability will be less than 6 months, the dating service may extend the term of the contract for a period of 6 months at no additional charge to the buyer in lieu of cancellation. If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer.An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from a banned member. The notice must include certain information concerning the banned member and how to avoid online fraud.A person that offers an automatic renewal contract to a consumer in this state must:Present the terms in a clear and conspicuous manner; Ensure that any online link that is presented as part of an offer of an automatic renewal contract and directs a consumer to detailed information about the automatic renewal contract is available before a consumer elects to purchase any good or service subject to the automatic renewal contract, appears directly adjacent to any online link used by the consumer to purchase any good or service subject to the automatic renewal contract, and is labeled with, or is directly adjacent to, a clear and conspicuous disclosure that states that by purchasing the good or service, the consumer agrees to enroll in an automatic renewal contract; Provide the consumer a written acknowledgment that includes the contract terms, the cancellation policy, and information regarding how to cancel; and Provide a simple, cost-effective, timely, and easy-to-use mechanism for canceling the contract or, if applicable, a trial-period offer. A person that sells a good or service to a consumer pursuant to an automatic renewal contract must notify the consumer that the automatic renewal contract will automatically renew unless the consumer cancels the contract. A notice must be provided at least 25 but not more than 40 days before the first automatic renewal and at least 25 but not more than 40 days before each subsequent automatic renewal.The act exempts certain persons from the new provisions concerning automatic renewal contract s.(Note: This summary applies to this bill as enacted.)
The act creates the Colorado prescription drug affordability review board (board) in the division of insurance (division) in the department of regulatory agencies as an independent unit of state government, requires the board to perform affordability reviews of prescription drugs, and authorizes the board to establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes.The board shall determine by rule the methodology for establishing an upper payment limit for a prescription drug. An upper payment limit applies to all purchases of and payer reimbursements for the prescription drug dispensed or administered to individuals in the state in person, by mail, or by other means. Any savings generated for a health benefit plan as a result of an upper payment limit established by the board must be used by the carrier that issued the health benefit plan to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for prescription drugs.On and after January 1, 2022, the act prohibits, with certain exceptions, any purchase or payer reimbursement for a prescription drug at an amount that exceeds the upper payment limit established by the board for that prescription drug.A person aggrieved by a decision of the board may appeal the decision within 60 days. The board shall consider the appeal and issue a final decision concerning the appeal within 60 days after the board receives the appeal. Final board decisions are subject to judicial review.Any prescription drug manufacturer (manufacturer) that intends to withdraw from sale or distribution within the state a prescription drug for which the board has established an upper payment limit must notify, at least 180 days before the withdrawal:The commissioner; The attorney general; and Each entity in the state with which the manufacturer has contracted for the sale or distribution of the prescription drug. The commissioner may impose a penalty of up to $500,000 on a manufacturer that fails to comply with the notice requirement. The board is directed to adopt rules regarding notice to consumers of a manufacturer's intent to withdraw a prescription drug from sale or distribution in the state.Beginning in the 2022 calendar year, for all prescription drugs dispensed at a pharmacy and paid for by a carrier during the immediately preceding calendar year, the act requires each carrier and each pharmacy benefit management firm acting on behalf of a carrier to report certain information to the all-payer health claims database.The act creates the Colorado prescription drug affordability advisory council to provide stakeholder input to the board.The board must submit an annual report to the governor and to subject matter committees of the general assembly summarizing the activities of the board during the preceding calendar year, and the chair of the board must present to those committees information concerning any prescription drug for which the board established an upper payment limit during the preceding calendar year. Upon approval of a majority of the committee members, any member of the committees may pursue legislation to discontinue the upper payment limit for a particular prescription drug, and the legislation does not count against the limit on the number of bills the member may introduce in a regular legislative session.The board and its functions are repealed, effective September 1, 2026, following a sunset review by the department of regulatory agencies.For the 2021-2022 state fiscal year, the act appropriates $730,711 from the division of insurance cash fund to the department of regulatory agencies. Of this amount, $325,297 is appropriated for use by the division for personal services, $22,650 is appropriated for use by the division for operating expenses, and $382,824 is appropriated for the purchase of legal services, which amount is reappropriated to the department of law for providing legal services.(Note: This summary applies to this bill as enacted.)
The act implements various recommendations of the legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems regarding juveniles who have committed sex offenses, including:Specifying that if a juvenile who is moving to Colorado would be otherwise required to register on Colorado's sex offender registry (registry) but the juvenile's duty to register in another state has been terminated by a court order, then the juvenile is not required to register or petition the court for removal from the registry; Expanding judicial discretion at the time of sentencing to exempt from registration or from requiring juveniles to register for all first offense registerable juvenile sex crimes if a sex offender management board evaluator recommends exemption and the juvenile is otherwise statutorily eligible; Adding language to adult or juvenile provisions that currently reference only crimes defined as "unlawful sexual behavior" to also include convictions and adjudications for nonsexual crimes where there has been, pursuant to statute, a judicial finding of an underlying factual basis involving unlawful sexual behavior; Adding a requirement for the court to send notice before the end of each juvenile's sentence concerning a juvenile's duty to register and set a hearing to consider the juvenile's ongoing duty to register; Adding language that if a person is required to register due to an adjudication or disposition as a juvenile, the duty to register automatically terminates either when the person reaches 25 years of age or 7 years from the date the juvenile was required to register, whichever occurs later; Adding language that if a person whose duty to register has automatically terminated either attempts to register or inquires with local law enforcement as to whether the duty to register has automatically terminated, local law enforcement shall advise the person that the person's duty to register terminated, remove the person from any local law enforcement registry, and notify the Colorado bureau of investigation (CBI) that the person's duty to register has terminated. Local law enforcement or the CBI may charge a fee, not to exceed $15, to determine whether a person's duty to register has terminated. Allowing a person whose duty to register arose from an adjudication or disposition as a juvenile, and whose duty to register automatically terminated when the person reached 25 years of age or 7 years had passed from the date the person was required to register, whichever was later, but the person's name has not already been removed from the sex offender registry, to petition for an order to remove the person's name from the sex offender registry; Changing the current law that allows the Colorado bureau of investigation (CBI) to inform a requesting party if a person is on the registry so that the CBI may release information about a juvenile only under certain restrictions; Requiring the CBI to collect data on the number of times information is requested and released concerning juveniles on the registry; Creating a new unclassified misdemeanor for members of the public who submit a false statement to the CBI for purposes of obtaining juvenile registry information or who use such information in a prohibited manner; Updating current law regarding the posting of information on the registry to the internet to specifically exclude juveniles; Clarifying that a local law enforcement agency may not release or post on its website information regarding juveniles on the registry; Changing current law that requires lifetime registration for an adult who has more than one adjudication as a juvenile so that juvenile adjudications alone may not trigger mandatory lifetime registration; and Updating language in the Colorado "Crime Victim Rights Act" to clarify victim rights when a petition or motion is made to terminate sex offender registration. For the 2021-22 state fiscal year, the act appropriates $7,200 to the department of public safety for use by the Colorado bureau of investigation. This appropriation is from the general fund. To implement this act, the division may use this appropriation for CCIC program support operating expenses related to the Colorado crime information center.(Note: This summary applies to this bill as enacted.)
The act creates the state apprenticeship agency (SAA) in the department of labor and employment (department) and specifies that it exercises its powers, duties, and functions, including rule-making, regulation, licensing, and registration, the promulgation of rates and standards, and the rendering of findings, orders, and adjudications, independently of the executive director of the department. The executive director of the department is required to appoint the director of the SAA. The purpose of the SAA is to:Serve as the primary point of contact with the United States department of labor's office of apprenticeship concerning apprentices and registered apprenticeship programs; Accelerate new apprenticeship program growth and assist in promotion and development; and Oversee apprenticeship programs, including registration, required standards for registration, certification, quality assurance, record-keeping, compliance with federal laws and standards, and provision of administrative and technical assistance. The director of the SAA is authorized to promulgate rules to implement the state apprenticeship registration program.The director of the SAA is required to establish the state apprenticeship council (SAC) and an interagency advisory committee (IAC) on apprenticeship. The governor and the director of the SAA appoint the members of the state apprenticeship council and the interagency advisory committee.The SAC is charged with overseeing registered apprenticeship programs for the building and construction trades in this state and ensuring compliance with state and federal laws and standards. The IAC is charged with the same responsibilities for all other apprenticeships not in the building and construction trades. Both entities are charged with:Registering with and maintaining the standards of the United States department of labor's office of apprenticeship and developing standards for registration for their respective apprenticeship programs; Resolving conflicts and complaints that arise between parties to apprenticeship agreements; Reviewing apprenticeship program performance; Making recommendations concerning apprenticeship programs to the director of the state apprenticeship agency; Providing technical and professional guidance and promoting best practices; Developing administrative policies to ensure safety and quality standards; Providing an annual report to the executive director of the department of labor and employment; and Advising the SAA concerning their assigned functions and formulating policies for their respective industries. The act establishes a joint resolution committee of the state apprenticeship council and the interagency advisory committee to resolve conflicts between the 2 entities and to define their respective jurisdictions.Additionally, the act requires the state apprenticeship agency to accept applications for registration of apprenticeship programs beginning July 1, 2023. The state apprenticeship agency may deregister an apprenticeship program for noncompliance with the requirements in the act. The state apprenticeship agency shall conduct a hearing upon request of the SAC or the IAC regarding issues of noncompliance and deregistration.The apprenticeship program is repealed, effective September 1, 2029, after a review of the director's functions is performed.To implement this act, $485,249 is appropriated to the department of labor and employment for use by the SAA. From this amount $85,072 is appropriated to the department of law, and $78,598 is appropriated to the office of the governor.(Note: This summary applies to this bill as enacted.)
Current law requires a private college or university operating in the state to be institutionally accredited on the basis of an on-site review by a regional or national accrediting body recognized by the United States department of education (DOE). The act allows private colleges and universities and private occupational schools to be accredited by:Institutional or programmatic accrediting bodies recognized by the DOE; or Programmatic accrediting bodies that are recognized by the Council for Higher Education Accreditation (CHEA) as having the ability to accredit freestanding, single-purpose institutions of construction education. The act states it is a deceptive trade or sales practice for a private occupational school to advertise or otherwise represent that it is accredited unless the school is accredited by an accrediting body that is recognized by the DOE or is accredited by a programmatic accrediting body that is recognized by the CHEA as having the ability to accredit a freestanding, single-purpose institution of construction education.The act allows an educational institution or educational service that is exempt from the requirements of the "Private Occupational Education Act of 1981" to waive its exempt status in order to apply for authorization to operate a private occupational school, subject to certain conditions.For the 2021-22 state fiscal year, the act appropriates $98,796 to the department of higher education from the private occupational schools fund, $45,626 of which is for use by the division of private occupational schools for program costs and $53,170 of which is reappropriated to the department of law to use to provide legal services to the department of higher education.(Note: This summary applies to this bill as enacted.)
The act creates the Colorado meeting and events incentive program (program) in the Colorado tourism office (office) to provide rebates and direct support to eligible events in Colorado to assist in the state's recovery from the COVID-19 pandemic.An eligible event means an event, including a meeting, conference, or festival, that:Takes place in Colorado between July 1, 2021, and December 31, 2022; Can demonstrate a significant economic benefit for the host community as determined by the office; Generates at least 25 paid overnight stays in a motel, hotel, vacation rental, or other lodging establishment; and Meets any additional criteria established by the office. The program may offer rebates of up to 10% of the hard costs of an eligible event. A hard cost means an actual incurred cost associated with hosting the event, as determined by the office in consultation with industry stakeholders. The program may also offer rebates of up to 25% for COVID-19-related costs, which are hard costs that are directly related to complying with public health orders or other mandates issued in response to the COVID-19 pandemic, as determined by the office in consultation with industry stakeholders. The primary organizer or booking agent, as determined pursuant to guidelines developed by the office, may apply for and receive the rebate for an eligible event.The program may provide direct support to attract eligible events that have the potential to generate significant economic impact and affect multiple counties. The costs of all such direct support cannot exceed 5% of the total appropriation for the program.The office is required to create guidelines for the program. In doing so, the office must consider mechanisms to:Make rebates and direct support available equitably and proportionally across the state; Prioritize events with significant economic impacts; and Retain existing events with a demonstrated risk of cancellation, delay, or relocation in addition to attracting new events to the state. The act appropriates $10 million to the office for the program. The program is repealed, effective January 1, 2024.(Note: This summary applies to this bill as enacted.)
The act prohibits a third-party food delivery service from taking and arranging for the delivery or pickup of an order from a retail food establishment, other than grocery and convenience stores, without the retail food establishment's consent. A retail food establishment may bring an action against a third-party food delivery service that violates the act for damages, a civil penalty not to exceed $1,000 per violation, and injunctive relief, and the prevailing party in such action is entitled to reasonable attorney fees.(Note: This summary applies to this bill as enacted.)
Under current law, common carriers and contract carriers may use independent contractors for transportation services. The contract must provide for coverage under either workers' compensation or an occupational accident insurance policy that provides "similar coverage" to that available under workers' compensation. "Similar coverage" must meet or exceed standards set by the division of insurance and is defined to require benefits that are at least comparable to the benefits offered under the workers' compensation system. The bill amends the definition of "similar coverage" by repealing this "comparable benefits" requirement.(Note: This summary applies to this bill as introduced.)
The act clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The act also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control.The act prohibits a local government from exercising this new regulatory authority unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more among a list of specified actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units.The act requires the department of local affairs to offer guidance to assist local governments in connection with its implementation.(Note: This summary applies to this bill as enacted.)