Sen. Robert Rodriguez

The bill provides injured workers control over the selection of the primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which the injured worker may select the treating physician, and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.(Note: This summary applies to this bill as introduced.)

The act repeals a requirement that the state auditor conduct audits of the portion of the limited gaming fund that is transferred to the state historical fund for the preservation and restoration of the cities of Central, Black Hawk, and Cripple Creek.(Note: This summary applies to this bill as enacted.)

The act modifies requirements for an existing loan program (program) created to assist transitions of businesses to employee-owned businesses. The act repeals statutory eligibility requirements and requires the office of economic development (office) to establish eligibility criteria for the program. The criteria must include an annual gross revenues limitation for participation in the program for businesses, which amount may be set at up to or less than $50 million. The criteria must also establish requirements for the number of employees who will be offered the option to participate in the employee-ownership opportunity.A loan under the program may be used toward the purchase of the business by the employees. The act repeals requirements related to the size of the loans and how the loans must be held and requires the office to establish requirements for the terms of the loans pursuant to existing statutory requirements.Under the current statute, the program is repealed effective July 1, 2022. The act extends the program through July 1, 2025.(Note: This summary applies to this bill as enacted.)

Under current law, it is criminal extortion to threaten to report another person's immigration status to law enforcement to induce the threatened person to give the person money or another item of value. The act adds to that version of criminal extortion a prohibition against threatening to report a person's immigration status to law enforcement to induce the threatened person to perform an act or refrain from performing a lawful act.(Note: This summary applies to this bill as enacted.)

The act repeals a requirement that the state auditor annually report uses of state education fund money for school capital construction to the education committees of the senate and the house of representatives, the legislative audit committee, and the joint budget committee of the general assembly.(Note: This summary applies to this bill as enacted.)

The bill prohibits a legal entity that targets products or services to people in Colorado (covered entity) from collecting, storing, or using biometric identifiers of a Colorado consumer unless it: Provides the consumer with information about what biometric identifiers are collected; Obtains the consent of the consumer to the collection, storage, or use of the biometric identifiers; and Informs the consumer that the consumer can revoke consent at any time and how to do so. If a consumer revokes consent to collect, store, or use biometric identifiers, the covered entity is required to cease collection within 30 days and to delete or destroy any biometric identifiers it has stored. A violation of the bill's requirements is an unfair or deceptive trade practice. A governmental entity is prohibited from acquiring, possessing, or using biometric identifiers or a biometric surveillance system unless authorized by statute. A governmental entity is prohibited from selling, releasing, or publicly disclosing biometric identifiers or information from a biometric surveillance system in its possession and from buying or otherwise receiving such information from a third party, unless: The sale, disclosure, or receipt of the information is necessary to comply with a court order or rule or with state or federal law; or The person who is the subject of the information consents in writing. An individual can bring a private right of action against a governmental entity that violates the bill's requirements. Upon a finding of a violation, a court can award actual damages, punitive or exemplary damages, reasonable attorney fees and costs, and other relief. "Biometric identifier" is defined to include a retina or iris scan, a voice print, a face print, a fingerprint or palm print, or any other unique identifying information based on an individual's immutable characteristics. (Note: This summary applies to this bill as introduced.)

The act authorizes human remains to be converted to soil using a container that accelerates the process of biological decomposition, also known as "natural reduction". Natural reduction is added to the statutes that regulate funeral establishments, and this addition will result in the regulation of the natural reduction process. But the definitions of "cremation" and "mortuary science practitioner" are amended so that a practitioner of natural reduction is not regulated as a cremationist or mortuary science practitioner.The act allows the disposal of abandoned naturally reduced remains if the remains are not claimed within 180 days after natural reduction.The act prohibits the following when done in the course of business:Selling or offering to sell the soil; Commingling the soil of more than one person without the consent of the person or persons with the right of final disposition unless the soil is abandoned; Commingling the human remains of more than one person without the consent of the person or persons with the right of final disposition within the container wherein natural reduction produces soil; or Using the soil to grow food for human consumption. Colorado law has various provisions that deal with burial, cremation, interment, and entombment. In connection with authorizing natural reduction, the act replaces these terms with the phrase "final disposition", which term is defined to include natural reduction. The act updates the following types of provisions to reflect the option to use natural reduction:Life insurance statutes; Preneed funeral insurance contracts; The "Mortuary Science Code"; Funeral picketing statutes; Litigation damages; The "Colorado Probate Code"; The "Disposition of Last Remains Act"; The "Revised Uniform Anatomical Gift Act"; Missing person reports for unidentified human remains; Public peace and order statutes; Vital statistics statutes; The "Colorado Medical Assistance Act"; The "Colorado Human Services Code"; The "Colorado Public Assistance Act"; and Firefighter pension plans.(Note: This summary applies to this bill as enacted.)

The act requires retail establishments that offer goods or services to accept United States currency (cash) to purchase the goods or services, but does not apply to:Establishments that do not have an individual accepting payment in person; Establishments that provide a device to convert cash into a prepaid card with no fee and a minimum balance of no more than one dollar; A transaction in which a security deposit is placed on a credit card or in which a credit card number is provided to cover unforeseen damages or expenses; and A bank or credit union. A violation is a class 2 petty offense punishable by a fine of up to $250. The act applies to offenses committed on or after the effective date of this act.(Note: This summary applies to this bill as enacted.)

Under current law, a retail marijuana store licensee may have a marijuana delivery permit associated with its store license. The bill requires the store to be open at least 5 days a week and at least 5 hours a day to have a delivery permit. The bill limits delivery sales to only retail marijuana, retail marijuana products, or branded merchandise that is available for sale from the retail marijuana store and requires the prices to be the same as the in-store price. The bill prohibits an online platform from holding pre-paid accounts for a licensed retail marijuana store. The bill waives the licensing fee for a transporter applicant who is a social equity licensee. The bill prohibits a medical or retail marijuana business operator from engaging in the delivery of regulated marijuana. (Note: This summary applies to this bill as introduced.)

Federal law preempts the extraterritorial application of state credit for reinsurance law but permits a state to enact reinsurance collateral reforms on an individual basis if the state is accredited. The act enacts a model law adopted by the National Association of Insurance Commissioners (NAIC), which is necessary to maintain the continued accreditation of the Colorado division of insurance with the NAIC and makes Colorado's reinsurance statutes substantially similar to those found in other states. The model law specifies the grounds upon which a domestic insurer can get credit in Colorado for reinsurance provided by an assuming insurer that is domiciled in an extraterritorial jurisdiction and thereby avoids federal preemption that would otherwise occur by 2022.(Note: This summary applies to this bill as enacted.)