The bill amends the Colorado recreational use statute (CRUS). Section 1 of the bill amends the stated purposes of the CRUS. Section 2 amends definitions of terms and adds a definition of the term "inherent dangers or risks". Section 3 changes the conditions under which the CRUS limits a landowner's (owner's) liability for damages that occur as a result of other persons' use of the owner's land for recreational purposes. Section 3 also repeals limitations on the total amount of damages that may be recovered from a private landowner that leases land to a public entity for recreational purposes or that grants an easement or other right to use land to a public entity for recreational purposes. In place of these limitations, the bill substitutes language stating that, except as otherwise agreed by a public entity and an owner, an owner is not liable for losses resulting from a public entity's management, or failure to provide adequate management, of land that is used for recreational purposes. Section 3 also removes unused and redundant definitions of terms. Section 4 amends several exceptions that describe circumstances under which the CRUS does not limit an owner's liability. Specifically: The CRUS allows an owner to be found liable for "willful or malicious" failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause "harm". Section 4 limits this exception to apply only to malicious failures and amends the exception to apply to a known dangerous condition, use, structure, or activity likely to cause "harm or death". The CRUS includes an exception in cases in which an owner imposes a charge upon a person who goes on the land for recreational purposes. Section 4 removes certain language from this exception that is redundant with language that appears elsewhere in the CRUS. The CRUS includes an exception concerning attractive nuisances. Section 4 provides that if a property used for public recreational purposes contains active or inactive agricultural operations; active or inactive mining operations, gravel operations, or other mineral and energy development; or certain water structures, neither the property nor the agricultural operations, nor the mining or gravel operations or other development, nor the water or water structures constitute an attractive nuisance. The CRUS allows an owner to be held liable for injury received on land incidental to the use of land on which a commercial or business enterprise of any description is being carried on. However, when land is leased to a public entity for recreational purposes or a public entity has been granted an easement or other right to use land for recreational purposes, the land is not considered to be land upon which a business or commercial enterprise is being carried on. Section 4 removes this qualification from the exception. Section 5 relocates language stating that the CRUS does not limit the protections afforded to an owner under Colorado's premises liability statute. Section 5 also states that nothing in the CRUS creates a prescriptive easement on private land where an owner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. Current law allows the prevailing party in any civil action brought by a recreational user for damages against a landowner who allows the use of the landowner's property for public recreational purposes to recover the costs of the action together with reasonable attorney fees as determined by the court. Section 6 states that in the event that an action is commenced by any party, the prevailing party is entitled to recover all fees, costs, and expenses, including fees and expenses of attorneys and experts and fees and expenses associated with appeals of the court's decision. Section 7 states that nothing in the CRUS may be construed to limit the authority of an owner to: Determine any or all of the recreational purposes that are allowed on the owner's land; Identify areas of the land where recreational purposes are allowed or not allowed; or Restrict persons from engaging in recreational purposes on the owner's land. Section 7 also describes means by which an owner who elects to take any of these actions may provide notice to the public of such actions. Section 7 also states that except as otherwise provided in the CRUS: An owner owes no duty of care to keep the owner's premises safe for entry by other persons for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering the land for such purposes; and Neither the installation of a sign or other form of warning of a dangerous condition, nor the failure to maintain or keep in place any sign or other warning, nor the failure to make any modification to improve safety creates any liability on the part of an owner when there is no other basis for liability.(Note: This summary applies to this bill as introduced.)
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The bill prohibits a state agency, local government, or common interest community from limiting or prohibiting the use of natural gas, propane, solar photovoltaics, micro wind turbines, or micro hydroelectricity for generating electricity, cooking, heating water, or heating or cooling spaces in residences, units, or businesses. (Note: This summary applies to this bill as introduced.)
The bill prohibits: Requiring a COVID-19 vaccine for a minor in Colorado; Administering a COVID-19 vaccine to a child without the informed consent of the child's parent or legal guardian; Administering a COVID-19 vaccine to an emancipated minor without the informed consent of the emancipated minor; A school from dismissing, suspending, refusing admission, or refusing to permit participation in an extracurricular activity to a student who has claimed a COVID-19 immunization exemption; A public or private entity from discriminating against a minor participating in a nonpublic home-based educational program based on whether the minor received the COVID-19 vaccine; A public entity from levying a fee, fine, or tax, or a private entity from levying a fine or fee, on a minor or their parent or legal guardian based on whether the minor received the COVID-19 vaccine; or A public or private entity from discriminating against a minor based on whether the minor received a COVID-19 vaccine. The bill allows an aggrieved person to file a civil action and waives sovereign immunity if the violator is a public entity. (Note: This summary applies to this bill as introduced.)
The legislative oversight in connection with any telecommunications coordination within state government is moved from the joint technology committee of the general assembly to the department of public safety's legislative oversight committee pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". On July 1, 2023, the powers, duties, and functions related to public safety telecommunications coordination within state government (public safety communications) are transferred from the chief information officer in the office of information technology to the department of public safety (department). The transferred powers, duties, and functions are allocated to the division of homeland security and emergency management (division) in the department. In addition, employees, property, and policies of the office of information technology related to public safety communications are transferred to the division on July 1, 2023. The office of public safety communications (office) and the director of the office are created in the division. The public safety communications revolving fund (revolving fund) is also created. The money in the revolving fund is continuously appropriated to the office to pay the direct and indirect costs, including personal services and operating costs, associated with administering public safety communications. The office is required to develop a method for billing users of the office's services the full cost of the services. The billing method is required to be implemented on or before July 1, 2023. Revenue generated from such billing is credited to the revolving fund. The office is authorized to seek, accept, and expend gifts, grants, donations, and bequests from private or public sources for the direct and indirect costs associated with administering public safety communications. The existing state public safety communications network is relocated to the office. The act specifies the duties and responsibilities of the director of the office that were formerly the duties and responsibilities of the chief information officer of the office of information technology. The duties and responsibilities include: Formulating recommendations for a current and long-range public safety communications plan and administering the plan; Reviewing all existing and future state-owned public safety communications applications, planning, networks, systems, programs, equipment, and facilities and establishing priorities for those applications; Approving or disapproving the acquisition of public safety communications equipment by any state entity; Establishing and enforcing public safety communications policies, procedures, standards, and records for management of public safety communications networks and facilities for all state entities; Reviewing, assessing, and ensuring compliance with federal and state public safety communications regulations pertaining to the needs and functions of state entities; Advising the governor and general assembly on public safety communications matters; Administering the public safety communications trust fund; Adopting recommended standards for the replacement of analog-based radio equipment with digital-based radio equipment for purposes of dispatching and related functions within the department of public safety; and For purposes of serving the radio communications needs of state departments, adopting standards and policies and setting a recommended timetable for the replacement of existing radio public safety communications equipment with a system that satisfies the requirements of the federal communications commission public safety national plan. The director of the office may enter into contracts, formerly entered into by the chief information officer, with specified public entities and may act as a public safety communications network provider to provide public safety radio communications between or among 2 or more counties or state agencies. The act specifies when users of public safety radio systems, including public entities and privately owned businesses, will be charged fees for the service, including the cost of material, labor, and overhead. The executive director of the department is required to exercise the powers, duties, and functions regarding the existing tactical and long-term interoperable communications plan to improve the ability of the public safety agencies of state government to communicate with public safety agencies of the federal government, regions, local governments, and other states. The director of the office is required to update and revise the tactical and long-term interoperable communications plan at least once every 3 years. The act relocates the existing public safety communications trust fund, specifies the sources of money in the trust fund, specifies the purposes for which money in the trust fund must be used, and requires $7,250,000 to be transferred from the general fund or any other fund to the trust fund during state fiscal years 2023-24 and 2024-25. The chief information officer is required to begin the transfer of the public safety telecommunications program to the department of public safety on July 1, 2022. (Note: This summary applies to this bill as enacted.)
At the end of federal fiscal year 2023, the act removes the requirement that the department of human services (state department) pass through 100% of the federal child support incentive payments received by the state to county departments of human or social services. Beginning in federal fiscal year 2024, the state board of human services, by rule, shall determine whether the state department may retain a percentage of the federal incentives the state receives for the purposes of information technology enhancements to the automated child support enforcement system and how to use the retained amount. Beginning July 1, 2025, the act requires the state department to report on each project funded by the federal incentive money the state retained to the joint technology committee of the general assembly. (Note: This summary applies to this bill as enacted.)
In 2021, the general assembly authorized the broadband deployment board (board) to award money that the state received under the federal "American Rescue Plan Act of 2021" (federal act) for broadband deployment projects. The act updates the requirements for awarding grant money pursuant to the federal act to require that applications comply with finalized federal regulations regarding use of money under the federal act. The act also: Reduces the notice and comment period for an interested party to review and comment on a grant application from at least 60 days to 45 days; Exempts a grantee from the requirement to complete an approved project in 2 years or less if the grantee demonstrates to the board that the project is delayed due to a relevant disruption in the supply chain; Requires the board to apply the updated requirements to previously denied applications that sought grant awards under the federal act; and Establishes a process and remedies for appeals of a board decision regarding a grant application.(Note: This summary applies to this bill as enacted.)
Under current law, ambulance services are regulated at the local level. On and after July 1, 2024, the act requires an ambulance service to obtain a state license from the department of public health and environment (department). In licensing ambulance services, the department is authorized to conduct inspections, investigate and hold hearings regarding alleged violations, and, for any violations found, take action against an ambulance service's license or application for an initial or renewed license, impose civil penalties in an amount of up to $500 per violation or up to $500 per day for a continuing violation, or both. On or before January 1, 2024, the state board of health (board) is required to adopt rules regarding minimum standards for ambulance services, including equipment, staffing, medical oversight, and general and vehicle liability insurance standards and, if the board deems it necessary, rules imposing application and licensing fees. On and after July 1, 2024, a county or city and county is authorized to grant an ambulance service authorization to operate within the county's or city and county's jurisdiction and to enter into service agreements, memoranda of understanding, and other contracts with ambulance services operating in the county's or city and county's jurisdiction. The act also creates a statewide task force to make statutory, rule, and policy recommendations for how to preserve, promote, and expand consumer access to emergency medical services in the state, including recommendations: Regarding the regulation of ambulance service; To address inequities and disparities in access to emergency medical services; To address workforce recruiting and retention issues; To promote the financial sustainability of emergency medical services; and Regarding the long-term sustainability of emergency medical services. For state fiscal year 2022-23, the act appropriates from the general fund: $254,622 to the department for use by the health facilities and emergency management services division for administration and operations; and $1,882 to the legislative department for use by the legislative council.(Note: This summary applies to this bill as enacted.)
The bill creates the "In God We Trust" license plate for motor vehicles. In addition to the normal fees for a license plate, a person must pay 2 additional one-time fees for the issuance of the plate. One of these fees is credited to the highway users tax fund and the other fee is credited to the licensing services cash fund. (Note: This summary applies to this bill as introduced.)
The bill imposes requirements on any organization that operates a medical expense sharing program (program), which is defined as a program, arrangement, or activity offered in Colorado that: Facilitates the sharing and payment of medical expenses among members using member-contributed funds; and Does not transfer to members of an organization or to the organization itself any risk or legal obligation to pay medical expenses. An organization that operates a program must: Provide a notice to the public that the program is not an insurance plan or policy, that the organization is not engaged in the business of insurance, that payment of a member's medical bills is voluntary, that some medical expenses may be excluded despite requirements under health insurance laws for health insurance plans to cover such expenses, and that each person is personally responsible for paying the person's own medical bills; Before approving a membership application, obtain a signed written, signed affirmation from the applicant acknowledging that the applicant has received and understands the notice, has received other program materials, and understands that a third party may receive a commission for enrolling the member; Report specified financial and transactional information to members monthly and annually, which may be accomplished by sharing a link where the information is posted on the organization's public website; Submit to an annual, independent audit of the program's financial information; Post on its public-facing website and report to the attorney general by providing a link to the website specified information about the organization, including the name and contact information, program materials, the annual financial audit, and information about Colorado membership in the program; Operate only under the name or names reported on its public-facing website, not make or circulate any statement or publication representing that the program is insurance or otherwise materially misrepresenting the program terms and conditions, and not engage in an excess benefit transaction, as defined in the federal "Internal Revenue Code of 1986" (tax code), if the organization identifies as a nonprofit organization under the tax code; and Indicate on membership cards and in communications to providers that the program is not health insurance and that members are personally responsible for paying their own medical bills. The attorney general is authorized to issue a notice of noncompliance to an organization that is failing to comply with the requirements specified in the bill, and if the organization's failure continues for more than 45 days, to seek an injunction or an administrative penalty in Denver district court. The bill specifies that a program is exempt from state insurance laws if the program facilitates the sharing of member medical expenses by transferring member funds and the organization is a nonprofit organization under the tax code and does not own the member funds. Additionally, the bill states that the requirements imposed on organizations that operate programs must be applied in a manner that avoids excessive government entanglement with religion and that does not limit protections of religious exercise rights of an organization operating and members of a religious organization sharing program. (Note: This summary applies to this bill as introduced.)
The bill requires an employer, as a condition of employment, or a state agency that imposes a COVID-19 vaccine or testing requirement to allow a person subject to the requirement to instead provide documentation demonstrating that the person has naturally acquired immunity to the disease.(Note: This summary applies to this bill as introduced.)