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Bills We're Tracking

Stop The Bleed School Training And Kits

HB23-1213

The bill requires the Colorado department of public health and environment (department) to distribute stop the bleed training materials and bleed control kits to K-12 schools that opt into receiving them. The bill also requires the department, in collaboration with the American college of surgeons' committee on trauma, to report the number of schools that opt in, the number of people who have been trained in stop the bleed procedures in schools, the total number of stop the bleed control kits sent to schools, and the total cost of the program for each school year.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Education

3/22/2023

Upon Adjournment

HCR 0107

Status:

Introduced in House,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Procedure To Apply For Commutation Of Sentence

HB23-1214

The bill formalizes and establishes details concerning the process for an incarcerated individual (applicant) to apply for a commutation of sentence. The process includes requiring the executive clemency representative to gather information from the district attorney who prosecuted the applicant's case and creating a list of factors that the governor and executive clemency board may consider when evaluating the application and deciding whether the applicant's sentence should be commuted. The governor retains the ultimate decision-making authority whether to commute a sentence.
The bill permits the governor to grant pardons to a class of defendants who were convicted of the possession of up to 2 ounces of marijuana without complying with the commutation process.

The bill requires the governor's office to keep statistics on applications for commutation of sentence and post a report of the statistics annually on its website.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Judiciary

3/28/2023

1:30 PM

HCR 0112

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Limits On Hospital Facility Fees

HB23-1215

The bill defines "health-care provider" as a person that is licensed or otherwise authorized in this state to furnish a health-care service, which includes a hospital and other providers and health facilities.

The bill prohibits a health-care provider (provider) affiliated with or owned by a hospital or health system from charging a facility fee for health-care services furnished by the provider for:
- Outpatient services provided at an off-campus location or through telehealth; or
- Certain outpatient, diagnostic, or imaging services identified by the medical services board as services that may be provided safely, reliably, and effectively in nonhospital settings.

The bill:
- Requires a provider that charges a facility fee to provide notice to a patient that the provider charges the fee and to use a standardized bill that includes itemized charges identifying the facility fee, as well as other information;
- Requires the administrator of the all-payer health claims database to prepare an annual report of the number and amount of facility fees by payer, codes with the highest total paid amounts and highest volume, and other information; and
- Makes it a deceptive trade practice to charge, bill, or collect a facility fee when doing so is prohibited.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Health & Insurance

3/24/2023

Upon Adjournment

HCR 0112

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Motor Vehicles Tows And Crime Victims

HB23-1217

The bill requires a towing carrier (carrier) to release a motor vehicle without demanding or accepting payment for any fee or charge associated with the tow or storage if the motor vehicle was towed without the owner's consent from public or private property and the tow was a result of the owner being a victim of a crime or the motor vehicle being stolen. The owner must provide appropriate documentation.
To reimburse tow carriers for nonconsensual tows from private property, the bill creates an enterprise with a 5-person governing board. The governing board must meet at least annually and may:
- Take actions necessary to implement and administer the enterprise;
- Issue bonds;
- Audit participating carriers;
- Hire any necessary employees; and
- Obtain the necessary office space, equipment, and services.

The governing board is required to:
- Implement and administer the enterprise;
- Annually report to the public utilities commission;
- Establish policies; and
- Coordinate with the commission and department of revenue (department).

The enterprise will administer a voluntary reimbursement program for participating carriers. Under the program, a carrier collects a fee, sends it to the enterprise, and the enterprise reimburses the carrier for the cost of providing a law enforcement tow and storage based on average costs of providing the tow and storage.

The department must create a database of motor vehicles that have been reported abandoned on public or private property. The database must contain certain information to identify the motor vehicle and be made available online to the public, so that a person may search the database to find an abandoned motor vehicle.

Current law requires a law enforcement agency or carrier with a motor vehicle towed from private or public property to check to see if the motor vehicle has been stolen within 30 minutes after the carrier tows the motor vehicle. If the motor vehicle has been stolen, the law enforcement agency will return it to the owner. The bill requires another check 48 hours after towing the motor vehicle.

Current law requires an abandoned motor vehicle to be sold no fewer than 30 days after and within 60 days after it is towed. The bill repeals the requirement that the motor vehicle be sold within 60 days. It states that if the carrier is notified that the motor vehicle was towed because of a crime, the sale must be made no fewer than 60 days after the tow and the owner is notified of the 60 day minimum time frame for holding the motor vehicle.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House State, Civic, Military, and Veterans Affairs

3/27/2023

1:30 PM

LSB A

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Waiting Period To Deliver A Firearm

HB23-1219

The bill establishes a waiting period before a firearms seller may deliver a firearm to a purchaser. The waiting period is the later in time of 3 days after the initiation of a required background check of the purchaser or when the purchase is approved following any background check. Delivering a firearm prior to the expiration of the waiting period is a civil infraction, punishable by a $500 fine for a first offense and a $500 to $5,000 fine for a second or subsequent offense.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate 2nd Reading

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Large Entertainment Facility Substance-free Seating Requirement

SB23-171

Section 1 of the bill requires an entertainment facility with a seating capacity of 7,000 seats or more to designate and enforce at least 4% of its seating capacity as substance-free seating. Substance-free seating is defined as seating where the use of alcohol, electronic smoking devices, marijuana, and tobacco (prohibited substances) is banned. Substance-free seating must include seats that are accessible to persons with disabilities and cannot be limited exclusively to seats that are higher than or farther away from the sport or entertainment activity relative to the majority of seats at the facility. Written policies and procedures, including those that enforce the ban on prohibited substances, are required. Signs regarding the ban must be prominently displayed in and around the substance-free seating sections.
Failure by an entertainment facility to comply with the requirement for designating and enforcing 4% or more substance-free seating is deemed "good cause" for refusal or denial of an alcohol beverage license renewal or initial license issuance by the state licensing authority as part of the existing regulatory scheme for such licenses. Failure to comply is also a basis for other license-related discipline, including suspension, revocation, or fine.
Sections 2 and 3 make conforming amendments to the statutory scheme for regulation of smoking. Section 4 makes conforming amendments to the statutory scheme for regulation of alcohol.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Finance

3/20/2023

2:00 PM

SCR 357

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Protecting Opportunities And Workers' Rights Act

SB23-172

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:
- Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
- Adds a new definition of "harass" or "harassment" and repeals the current definition of "harass" that requires creation of a hostile work environment;
- Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status";
- Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice;
- For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice;
- Specifies that it is a discriminatory or an unfair employment practice for an employer to fail to initiate an investigation of a complaint or to fail to take prompt, reasonable, and remedial action;
- Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor; and
- Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Judiciary

3/27/2023

1:30 PM

Old Supreme Court

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Colorado Child Support Commission Recommendations

SB23-173

The bill enacts recommendations from the state child support commission (commission), including the following:

- Requires that parents share the child's health insurance coverage information with each other and provides a time frame for parents to seek reimbursement for extraordinary medical expenses, including mental health expenses;
- Requires verbal and written advisement to parents and caretakers when child support orders are entered or modified and provides information to parents on child support law;
- Addresses penalties for fraud and failure to follow income withholding orders by reinstating a $1,000 fine for the issuance of a fraudulent income withholding order and authorizes judgment to be issued against an employer that willfully refuses to comply with an income withholding order for child support;
- Excludes funeral or burial expenses from life insurance settlements relating to past-due child support and requires burial costs to be covered;
- Requires appointment of 2 obligors and 2 obligees to the commission;
- Requires the commission, as part of its review, to evaluate the following: Establishment of state practices, making awards more equitable, and improving efficiency;
- Changes the income adjustment for maintenance to reflect existing maintenance calculation and accounts for tax-deductibility for some maintenance payments;
- Removes the requirement to order overdue debt in temporary orders that will be recalculated in a permanent order and enables caretaker overdue debt and monthly support obligations to survive an order when the parties marry each other;
- Enables retroactive support to be ordered through the month the child support obligation begins and provides continuity of retroactive support for orders that have future commencement dates;
- Requires a parent to notify child support services and the other parent, if applicable, when lump sum social security payments for the child, based on the obligor's disability, are received and ensures obligors receive credit on debt owed for the benefits received; and
- Modifies the number of hours parents are expected to work for the imputation of income to 32 hours a week and 50 weeks a year, and includes transportation as a barrier to be considered when assessing if imputation of income is appropriate.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Health & Human Services

3/23/2023

1:30 PM

SCR 357

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Access To Certain Behavioral Health Services

SB23-174

The bill requires the department of health care policy and financing (state department) to provide certain behavioral health services for medicaid recipients who are under 21 years of age.

The bill requires the state department to begin to provide the services no later than July 1, 2024.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Health & Human Services

3/23/2023

1:30 PM

SCR 357

Status:

Introduced in Senate,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Protections For People With An Eating Disorder

SB23-176

The bill prohibits certain health benefit plans or the state medical
assistance program from utilizing the body mass index, ideal body weight,
or any other standard requiring an achieved weight when determining
medical necessity criteria or appropriate level of care for an individual
with a diagnosed eating disorder.
The bill prohibits a retail establishment from selling, transferring, or otherwise furnishing dietary supplements for weight loss or
over-the-counter diet pills to any individual under 18 years of age without
a prescription.
The bill requires the behavioral health administration (BHA) to
promulgate rules concerning forced feeding tubes for individuals with an
eating disorder.
No later than July 1, 2024, the bill requires the BHA to require all
eating disorder treatment and recovery facilities to hold an appropriate
designation based on the level of care the facility provides.
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted.)

Upcoming:

Senate Health & Human Services

3/23/2023

1:30 PM

SCR 357

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Cases Of Domestic Violence In Municipal Court

HB23-1222

Beginning January 1, 2024, the bill prohibits the prosecution of an alleged act of domestic violence in municipal courts. The county and district courts retain jurisdiction over such cases.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Judiciary

Status:

Introduced in House,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Prohibit Assault Weapons In Colorado

HB23-1230

The bill defines the term "assault weapon" and prohibits a person
from manufacturing, importing, purchasing, selling, offering to sell, or
transferring ownership of an assault weapon. The bill further prohibits a
person from possessing a rapid-fire trigger activator. A violation is a class
2 misdemeanor.
The prohibition does not apply to:
- A member of the United States armed forces, a peace
officer, or other government officer or agent, to the extent
that such person is otherwise authorized to acquire or
possess an assault weapon and does so while acting within
the scope of the person's duties;
- The manufacture, sale, or transfer of an assault weapon by
a licensed firearms manufacturer to any branch of the
United States armed forces or to an entity that employs
peace officers for use by that agency or its employees;
- The sale or transfer of an assault weapon to a licensed
firearms dealer or gunsmith for the purposes of
maintenance, repair, or modification, and the subsequent
return of the assault weapon to the lawful owner;
- Any federal, state, or local historical society, museum, or
institutional collection that is open to the public, provided
that the assault weapon is securely housed and unloaded;
- A forensic laboratory, or any authorized agent or employee
of the laboratory, for use exclusively in the course and
scope of authorized activities;
- An entity that operates an armored vehicle business and an
authorized employee of such entity while in the course and
scope of employment;
- A licensed gun dealer who has remaining inventory of
assault weapons as of July 1, 2023, and sells or transfers
the remaining inventory only to a non-Colorado resident
and the sale or transfer takes place out-of-state; or
- A peace officer.
The bill provides civil penalties for individuals and for gun show
vendors and licensed firearms dealers who violate the law.
The bill creates the crime of possessing, manufacturing, importing,
purchasing, selling, offering to sell, or transferring ownership of a
rapid-fire trigger activator. A violation is a class 2 misdemeanor.

(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted.)

Upcoming:

House Judiciary

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Dyslexia Screening In Schools

SB23-181

The bill implements recommendations from the dyslexia working group. The bill:
- Directs school districts, boards of cooperative services, charter schools, and institute charter schools (local education providers) to screen for students at risk of foundational literacy skill deficits;
- Directs local education providers to provide evidence-based supplemental instruction and intervention for children at risk of foundational literacy skill deficits;
- Requires local education providers to provide the public and parents information regarding which screening and interventions the local education provider uses for foundational literacy skill deficits;
- Requires the department of education to provide professional development for local education providers and the public in evidence-based best practices, including screening, supplemental instruction, and intervention; and
- Establishes an independent ombudsman office.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Education

3/20/2023

1:30 PM

SCR 357

Status:

Introduced in Senate,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Protections For Residential Tenants

SB23-184

Section 1 of the bill restricts a landlord from considering or inquiring about certain information relating to a prospective tenant's rental history, amount of income, and credit history. Section 1 also requires a landlord who solicits and accepts rental applications for the rental of a residential premises to rent to the first prospective tenant who applies and satisfies the landlord's financial and other rental screening criteria. A landlord must keep records of when rental applications are received and provide a time-stamped receipt to any prospective tenant who submits a rental application and requests such a receipt. Section 2 defines the terms "amount of income" and "housing subsidy" for the purposes of the bill. Section 3 states that a landlord who violates any of the bill's new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a statutory penalty of $5,000, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees. Sections 1 and 4 establish that a violation of any of the bill's new prohibitions is an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division. Section 5 requires a landlord to allow a tenant to pay a security deposit in monthly installments over a period that is equal to half the term of the tenancy. Section 5 also prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of one monthly rent payment under the rental agreement. Sections 6 and 7 establish that a tenant who alleges that the tenant's landlord has violated or is in violation of any state laws concerning unfair housing practices has an affirmative defense against an eviction action.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Local Government & Housing

3/28/2023

2:00 PM

SCR 352

Status:

Introduced in Senate,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Protections For Accessing Reproductive Health Care

SB23-188

The bill requires contracts between insurers or other persons and health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the care provided did not violate Colorado law:
- A medical malpractice insurer from refusing to issue, canceling or terminating, refusing to renew, or imposing any sanctions, fines, penalties, or rate increases for a medical malpractice policy ( section 2 );
- A health insurer from taking an adverse action against a health-care provider, including refusing to pay for a provided health-care service, terminating or refusing to renew a contract with the health-care provider, or imposing other penalties on the health-care provider ( section 3 );
- A health insurer from refusing to credential a physician as a network provider or terminating a physician's status as a network provider ( section 4 ); or
- A person or entity from terminating a health-care contract with a health-care provider ( section 25 ).
Section 5 protects an individual applying for licensure, certification, or registration in a health-care-related profession or occupation in Colorado (applicant), as well as a health-care professional currently licensed, certified, or registered in Colorado (licensee), from having the license, certification, or registration denied or discipline imposed against the licensee based solely on:
- The applicant's or licensee's provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
- A civil or criminal judgment or a professional disciplinary action arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
- The applicant's or licensee's own personal effort to seek or engage in a legally protected health-care activity; or
- A civil or criminal judgment against the applicant or licensee arising from the individual's own personal legally protected health-care activity in this state or another state or United States territory.
Section 6 prohibits a court, judicial officer, court employee, or attorney from issuing a subpoena in connection with a proceeding in another state concerning an individual who accesses a legally protected health-care activity in Colorado or an individual who performs, assists, or aids in the performance of a legally protected health-care activity in Colorado. Section 7 prohibits the state from applying another state's law to a case or controversy heard in Colorado state court or giving any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature pursuant to another state's law if the other state's law authorizes a person to bring a civil action against another person or entity for engaging or attempting to engage in a legally protected health-care activity.
If a medical malpractice action is brought in this state against a health-care provider regulated in this state or another state, section 8 prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law. Section 9 prohibits a peace officer from knowingly arresting or participating in the arrest of any person who engages in a legally protected health-care activity, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado or violate Colorado law. Section 10 prohibits the issuance of a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity. Section 11 prohibits a judge from issuing a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of another state's law involving the provision or receipt of or assistance with accessing a legally protected health-care activity that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado. Section 12 prohibits the issuance of an ex parte order for wiretapping or eavesdropping to obtain any wire, oral, or electronic communication that relates to an investigation into a legally protected health-care activity.
Current law allows for the extradition of a person who committed an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime.
Section 13 requires the acts for which extradition is sought to be punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense. Section 14 requires a correctional facility or private contract prison incarcerating a person who is capable of pregnancy to, regardless of the person's ability to pay, ensure access to abortions by providing a pregnant person with information about abortion providers; referrals to community-based providers of abortions; referrals to community-based organizations that help people pay for abortions; and transportation to access an abortion; and ensure access to miscarriage management, including medication. Section 15 adds a reproductive health-care services worker to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family Section 16 prohibits the prosecution or investigation of a licensed health-care provider if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient is prescribed or administered consistent with accepted standards of practice under Colorado law and does not violate Colorado law. Section 17 through section 20 adds a protected health-care worker to the list of persons authorized to participate in the address confidentiality program. Section 21 authorizes the attorney general to independently initiate and bring a civil and criminal action to enforce the "Reproductive Health Equity Act". Section 22 prohibits a state agency from providing any information or using any government resources in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity. Section 23 prohibits a public entity from:
- Denying, restricting, or interfering with, through any efforts, including licensing or zoning restrictions, any person's or business entity's ability to provide reproductive health care; or
- Interfering with, discriminating against, or penalizing, through any civil or criminal laws, any person or business entity for assisting, aiding, or treating an individual for reproductive health care; or
- Prohibiting or restricting, through any civil or criminal laws, including the establishment or expansion of a private right of action, any person or business entity from assisting, aiding, or treating an individual for reproductive health care.
Section 24 authorizes an action to enforce the provisions of the "Reproductive Health Equity Act" to be commenced by a person or business entity with standing in Denver district court.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Judiciary

3/20/2023

10:00 AM

Senate Chamber

Status:

Introduced in Senate,Senate 2nd Reading

Last Updated

March 20, 2023 at 1:50:11 AM

Increasing Access To Reproductive Health Care

SB23-189

Sections 1, 2, 3, and 5 of the bill change the defined term "HIV infection prevention drug", as it appears and is used in several areas of law, to "HIV prevention drug". Section 2 also:
- Adds the women's preventive services guidelines of the health resources and services administration in the United States department of health and human services to the mandatory preventive health-care services coverage for health benefit plans;
- Specifies that the mandatory preventive health-care services benefit for counseling for, prevention of, and screening for sexually transmitted infection includes HIV prevention drugs and the services necessary for initiation and continued use of an HIV prevention drug, as described in the bill, based on the most recent guidelines and clinical guidance;
- Requires large employer plans, on and after January 1, 2025, to provide coverage for the total cost of abortion care without policy deductibles, copayments, or coinsurance. Individual and small group plans must provide this coverage if the federal department of health and human services confirms the state's determination that the coverage is not subject to state defrayal pursuant to federal law. To the extent required by binding federal jurisprudence, employers are exempted from providing coverage if providing coverage conflicts with the employer's sincerely held religious beliefs.
Section 3 also prohibits a health insurance carrier from requiring a covered person to undergo step therapy or to receive prior authorization before a health-care provider may prescribe or dispense a medication for the treatment of HIV. Section 4 prohibits a carrier from imposing deductibles, copayments, coinsurance, annual or lifetime maximum benefits, or other cost sharing on coverage for:
- The treatment of a sexually transmitted infection; or
- Sterilization services, which coverage must be provided regardless of the covered person's gender.

With the minor's consent, section 6 allows a health-care provider acting within the scope of the health-care provider's license, certificate, or registration to furnish contraceptive procedures, supplies, or information to the minor without notification to or the consent of the minor's parent or parents, legal guardian, or any other person having custody of or decision-making responsibility for the minor. Sections 7 and 8 expand the reproductive health-care program administered by the department of health care policy and financing (department) to include additional family planning services and family-planning-related services and allow individuals under 19 years of age to apply for and enroll themselves in the program. Section 9 requires the department to reimburse licensed health-care providers for family planning services and family-planning-related services provided to a minor and creates a cash fund from which the general assembly may appropriate money to the department for this purpose. Section 10 exempts the cash fund from the limit on uncommitted cash fund reserves. Section 11 requires nonemergency medical transportation services under the state medical assistance program to include expenses for transportation to medical services that are prohibited from coverage pursuant to section 50 of article V of the Colorado constitution. Section 12 of the bill prohibits the use under the state medical assistance program of utilization management, including prior authorization and step therapy, for prescription drugs prescribed for the treatment or prevention of HIV.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Health & Human Services

Status:

Senate 2nd Reading

Last Updated

March 20, 2023 at 1:50:11 AM

Deceptive Trade Practice Pregnancy-related Service

SB23-190

The bill makes it a deceptive trade practice for a person to make or disseminate to the public any advertisement that indicates, directly or indirectly, that the person provides abortions, emergency contraceptives, or referrals for abortions or emergency contraceptives when the person knows or reasonably should have known that the person does not provide those specific services.
A health-care provider engages in unprofessional conduct or is subject to discipline in this state if the health-care provider provides, prescribes, administers, or attempts medication abortion reversal in this state.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Judiciary

3/20/2023

10:00 AM

Senate Chamber

Status:

Senate 2nd Reading

Last Updated

March 20, 2023 at 1:50:11 AM

Math In Pre-kindergarten Through Twelfth Grade

HB23-1231

The bill requires the department of education (department), by January 2024, to make available free optional trainings in evidence-based practices in mathematics, including a training specifically designed for elementary school educators and a training specifically designed for secondary school mathematics educators. Each training must include interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. The training is available to relevant staff of school districts, related administrative units, district charter schools, institute charter schools, boards of cooperative services, and community-based organizations.
School district boards of education and institute charter schools are strongly encouraged to adopt procedures for schools to provide support to students in pre-kindergarten through twelfth grade and students' families to improve mathematics outcomes. Procedures may include:
- Identifying students who are below grade level or struggling in mathematics based on academic assessments;
- Notifying the parents, guardians, or legal custodians if a student is below grade level or struggling in mathematics;
- Providing parents, guardians, or legal custodians with a list of interventions to assist with mathematics at home, including any state-approved curriculum options, referrals for mathematics tutoring, or other intervention opportunities, when applicable;
- Publishing mathematics curricula annually, including supplemental curricula or interventions; and
- Implementing train-the-trainer or train-the-parent framework plans to improve mathematics achievements for students.

The bill creates the Colorado academic accelerator grant program (grant program). The purpose of the grant program is to create community learning centers that:
- Provide opportunities for academic enrichment and support activities during nonschool hours, periods when school is not in session, or during extended learning hours, including tutorial services; and
- Offer families of students opportunities for engagement in students' education, including opportunities for mathematics literacy and related educational development.

Eligible entities that apply to the grant program are selected for a grant that runs for a period of 3 years. The department shall prioritize eligible entities that:
- Adopt intervention strategies;
- Use evidence-informed and evidence-based programs that build student skills in STEM and mathematics;
- Use digital math accelerator programs;
- Serve high-needs students, as determined by the department; or
- Have an established presence and relationship in the community.

The bill requires school districts, public schools, the state charter school institute, and institute charter schools that are on an improvement plan, priority improvement plan, or a turnaround plan to identify strategies to address the needs of students who are below grade level or struggling in mathematics and set or revise, as appropriate, ambitious but attainable targets that the public school shall attain in reducing the number of students who are below grade level or struggling in mathematics to increase the number of students who achieve grade-level expectations in mathematics.

The bill amends the ninth-grade success grant program and requires the department to prioritize applicants that propose programming focused on evidence-based mathematics skills and intervention strategies, including a focus on students who are below grade level or struggling in mathematics and have academic achievement levels in mathematics that are consistently ranked the lowest for public high schools in the state, as determined by the department.

The bill includes a requirement that elementary and secondary school mathematics teacher candidates of educator preparation programs be trained in evidence-based practices in mathematics, including interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners.

The bill includes early numeracy as part of the continuing professional development requirements for teachers employed by a preschool provider. The department of early childhood shall include early numeracy as a subject matter area in the resource bank of preschool curricula for use by preschool providers.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Local Innovation For Education Assessments

HB23-1239

The bill requires the department of education (department) to cap standardized summative assessments administered to the minimum extent possible, if requested by the local education provider.

The bill requires the department to apply for a federal waiver for federal assessment requirements.

The bill requires the department to support, through various means, local education providers and schools to innovate new assessments.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Education

Status:

Introduced in House,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Victim Notification Of Proceedings

SB23-193

If the adult or juvenile parole board decides to discharge a parolee early, the bill requires the parole boards to set the date of discharge at least 15 days after notice is provided to the victim of the discharge or at least 15 days after the decision to grant early discharge if the victim chose not to receive victim notifications.

The bill requires victim notifications to be communicated in plain and easy-to-understand language and in a manner intended to increase the likelihood of the victim's attention to the notice.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Judiciary

4/3/2023

1:30 PM

Old Supreme Court

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Campaign Practices For Municipal Elections

HB23-1245

Current law regulating campaign finance does not set limits on contributions to candidates for municipal elections. For municipal elections held on or after January 1, 2024, the bill sets aggregate limits on contributions to candidates for municipal office from persons, excluding any small donor committee, for any election cycle in the amount of $250. The bill sets aggregate limits on contributions to candidates for municipal office from small donor committees for any election cycle in the amount of $2,500. The bill requires that these aggregate contribution limits be periodically adjusted for inflation consistent with other contribution limits and subjects the new contribution limits to existing statutory provisions governing the disclosure of campaign contributions.
The bill prohibits a political party from making any contribution to a candidate committee for municipal office and prohibits a candidate committee from accepting any contribution from a political party.

The bill requires campaign contribution reports for candidates of a municipal office to be filed with the municipal clerk no later than 90 days, 60 days, 30 days, and 15 days before and 30 days after the major election in election years and annually in off-election years. The bill clarifies that an independent expenditure committee that makes expenditures in connection with a municipal election must file its disclosure reports with the applicable municipal clerk.

The bill also extends the retention requirements for campaign contribution reports from one year to 10 years.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House State, Civic, Military, and Veterans Affairs

3/27/2023

1:30 PM

LSB A

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Task Force To Study K-12 Accountability System

HB23-1241

The bill creates the accountability, accreditation, student performance, and resource inequity task force (task force) to study academic opportunities, inequities, promising practices in schools, and improvements to the accountability and accreditation system.
The bill requires the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the governor, and the department of education (department) to appoint members to the task force no later than July 1, 2023. The task force consists of 25 members, including members who represent statewide education organizations, the department, the state board of education (state board), school district board of education members, superintendents, principals, and teachers.

The bill requires the department to enter into a contract with a facilitator to guide the work of the task force no later than August 15, 2023. The facilitator shall draft an interim report and final report.

The task force is required to submit an interim report by March 1, 2024, and a final report by November 15, 2024, reflecting its findings and recommendations to the education committees of the house of representatives and senate, the governor, the state board, the commissioner of education, and the department.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Education

3/29/2023

Upon Adjournment

HCR 0107

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Special Education Funding

SB23-099

Legislative Interim Committee on School Finance. The bill increases the required annual appropriation to the department of education by an additional $40,203,671 to fund children who have one or more disabilities and receive special education services from a school district, board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Appropriations

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Candidate Ballot Access For Primary Elections

SB23-101

Currently, a major and, depending on party rules, a minor, political party candidate can access a primary election ballot in the state either by gathering a statutorily established number of petition signatures or by being nominated through the political party assembly process. Section 1 of the bill eliminates the option for a major political party candidate to access a primary election ballot by being nominated through the political party assembly process, and section 16 eliminates the option for a minor political party candidate.
Current law prohibits an unaffiliated voter from signing a petition for a major political party candidate and prohibits a major political party candidate from circulating a party petition or gathering any signatures prior to the third Tuesday in January. Section 2 changes the first day on which a major political party candidate may circulate a petition and gather signatures to the day on which the secretary of state provides notice to the candidate that the petition has been approved as to form and eliminates the prohibition against an unaffiliated voter signing a petition for a major political party candidate.
The number of petition signatures that a candidate must collect to access a primary election ballot is currently different for a candidate who is a member of a major political party and a candidate who is a member of a minor political party. Section 3 aligns the signature requirements for a candidate who is a member of a minor political party with the requirements for a candidate who is a member of a major political party. Section 3 also aligns the methods by which a candidate who is a member of a minor political party may access the presidential primary election ballot with those of a candidate who is a member of a minor political party.
In addition, the date on which a candidate may first circulate a petition or gather signatures is different for a candidate who is a member of a major political party than for a candidate who is unaffiliated or a member of a minor political party. Section 3 aligns the day on which all candidates may circulate a petition or gather signatures to the day on which the secretary of state provides notice to the candidate that the petition has been approved as to form.

For a petition to nominate a candidate from a major political party in a partisan election, current law requires each person who signs the petition to be affiliated with the major political party named in the petition. Section 4 allows a person who is not affiliated with any political party to sign one petition per office to nominate a candidate from a major political party in a partisan election.
Current law specifies that for a candidate who is a member of a major political party to be placed on a presidential primary election ballot, the candidate must submit a notarized statement of intent and either a filing fee or a petition signed by at least 5,000 eligible electors affiliated with the candidate's political party who reside in the district. Section 5 allows the petition to be signed by eligible electors who have not been affiliated with any political party for at least 22 days.Sections 6 through 16, 18, and 19 make conforming amendments.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:11 AM

Ensure Equal Pay For Equal Work

SB23-105

Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose. The bill changes these authorizations to requirements.

Additionally, the bill requires the director to:
- Investigate complaints or other leads concerning wage inequity;
- Upon finding of a violation, order compliance and relief; and
- Promulgate rules to enforce the bill.

The bill also requires an employer to:
- For each job opportunity or promotional opportunity where the employer is considering more than one candidate, follow specific guidelines for posting the opportunity;
- For all job opportunities and promotional opportunities, provide specific information to employees regarding the candidate selected for the opportunity; and
- For all objectively defined career progressions, disclose the requirements for career progression and the terms of compensation, benefits, status, duties, and access to further advancement.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Appropriations

Status:

Introduced in Senate,Pending Senate Appropriations

Last Updated

March 20, 2023 at 1:50:11 AM

Allowing Temporary Reductions In Property Tax Due

SB23-108

The bill allows a local government to provide temporary property tax relief through temporary property tax credits or mill levy reductions and later eliminate the credits or restore the mill levy. The bill clarifies that a local government may temporarily reduce property taxes due by providing for tax credits or reducing the mill levy and later eliminate the tax credits or restore the mill levy.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Finance

Status:

Passed Senate,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:11 AM

Criminal Penalty Controlled Substance Supplier

SB23-109

The bill makes it a level 1 drug felony if a person sells, dispenses, distributes, or otherwise transfers any quantity of a controlled substance or any material, compound, mixture, or preparation that contains any amount of a controlled substance and the sale, dispensing, distribution, or transfer is the proximate cause of the death of another person who used or consumed the controlled substance material, compound, mixture, or preparation.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate 2nd Reading

Status:

Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Public Employees' Workplace Protection

SB23-111

The "National Labor Relations Act" does not apply to federal, state, or local governments and the "Colorado Labor Peace Act" excludes governmental entities, with an exception for mass transportation systems, leaving public employees without the protection afforded by these labor laws. The bill grants certain public employees, including individuals employed by counties, municipalities, fire authorities, school districts, public colleges and universities, library districts, special districts, public defender's offices, the university of Colorado hospital authority, the Denver health and hospital authority, the general assembly, and a board of cooperative services, the right to:
- Discuss or express views regarding public employee representation or workplace issues;
- Engage in protected, concerted activity for the purpose of mutual aid or protection;
- Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation; and
- Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization.

The bill also prohibits certain public employers from discriminating against, coercing, intimidating, interfering with, or imposing reprisals against a public employee for engaging in any of the rights granted.

The Colorado department of labor and employment (department) is charged with enforcing any alleged violation of these rights and is granted rule-making authority. A party may appeal the department's final decision to the Colorado court of appeals. The bill requires the court of appeals to give deference to the department.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Appropriations

Status:

Pending Senate Appropriations

Last Updated

March 20, 2023 at 1:50:11 AM

Consumer Reports Not Include Medical Debt Information

HB23-1126

Section 1 of the bill defines "medical debt" as any obligation or alleged obligation of a consumer to pay any amount whatsoever arising from the receipt of health-care goods or services.
Current law prohibits a consumer reporting agency from making any consumer report containing any of certain items of information. However, this prohibition does not apply to:
- A credit transaction involving, or that may reasonably be expected to involve, a principal amount of $150,000 or more; or
- The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of $150,000 or more.
Section 2 eliminates both of these exceptions to the prohibition and substitutes a new exception, which applies to a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency. Section 2 also prohibits a consumer reporting agency from making any consumer report containing any information concerning medical debt. Section 3 prohibits a debt collector or collection agency, when attempting to collect medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt from:
- Making a false or misleading representation that the medical debt will be included in a consumer report or factored into a consumer's credit score; or
- Failing to disclose that the medical debt will not be included in a consumer report and therefore not factored into a consumer's credit score.

The bill makes exceptions to these prohibitions when the information is used in connection with a credit transaction involving, or that may reasonably be expected to involve, a principal amount that exceeds the national conforming loan limit value determined annually by the federal housing finance agency.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Business Affairs and Labor

Status:

Introduced in House,House 2nd Reading,Introduced in Senate,Senate 2nd Reading

Last Updated

March 20, 2023 at 1:50:11 AM

Drug Coverage For Serious Mental Illness

HB23-1130

With respect to step-therapy protocols (protocols) for health insurance, the bill defines "serious mental illness" and prohibits the protocols from requiring a person to try more than one prescription drug prior to receiving coverage for the drug recommended by the person's health-care provider. If certain conditions are met and attested to by the person's health-care provider, the carrier, private utilization review organization, or pharmacy benefit manager must cover the drug recommended by the person's health-care provider.
The bill defines "serious mental illness" for purposes of the "Colorado Medical Assistance Act" in the same manner as the term is defined for commercial health insurance. The bill requires the medical services board to require a review for coverage of a new drug approved by the federal food and drug administration for a serious mental illness within 90 days after the drug is approved.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Health & Insurance

Status:

Passed House,Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Cost Of Phone Calls For Persons In Custody

HB23-1133

The bill clarifies that the department of corrections (DOC) shall provide communications services of all types, including voice, video, and electronic messaging, to persons in DOC custody in a correctional facility or private prison in the state. In administering the communications services, the DOC is prohibited from receiving any revenue, including commissions or fees, and the communications services must be free of charge to the person initiating and the person receiving the call.
The department of human services, in its role overseeing juvenile detention facilities, shall provide communications services of all types in those facilities and is prohibited from receiving any revenue from the communications services, and the communications services must be free of charge to the person initiating and the person receiving the call.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

History Colorado Authority To Sell Property

HB23-1141

Capital Development Committee. The bill grants the state historical society, also known as history Colorado, the authority to sell 3 properties that no longer fit within the mission of history Colorado.
Specifically, the bill grants history Colorado the authority to sell the following:
- The real property known as the McFarlane House in Central City;
- The real property known as the Pearce-McAllister Cottage in Denver; and
- The real property known as the Pueblo Museum Support Center, which was used as a storage facility by history Colorado until the artifacts housed at the facility were recently moved to a more northern storage facility for better access by history Colorado staff.

The bill specifies that the proceeds of the sales are to be credited to the state museum cash fund to be used in connection with the acquisition or construction of a consolidated collections care and storage facility or for controlled maintenance of history Colorado's current collections care and storage facilities.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Information Of Person Reporting Child Abuse

HB23-1142

Current law requires reports of known or suspected child abuse or neglect to include the source of the report and the name, address, and occupation of the person making the report whenever possible. The bill requires a report of this information in all circumstances.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House 3rd Reading

3/20/2023

10:00 AM

House Chamber

Status:

Introduced in House,House 2nd Reading

Last Updated

March 20, 2023 at 1:50:11 AM

Modify Conduct Of Elections In Small Counties

HB23-1149

Current law requires a county clerk and recorder to designate a minimum number of voter service and polling centers depending on the number of active electors. The bill allows a county clerk and recorder of a county with between 10,000 and 37,500 active electors to apply to the secretary of state for permission to reduce the number of required voter service and polling centers if the county clerk and recorder submits data showing how many registered electors voted at one or more of the county's required voter service and polling centers compared to the county's available resources and showing that the number of designated voter service and polling centers was not required for the number of registered electors.

For partisan elections, current law requires a county clerk and recorder to appoint 3 election judges for each voter service and polling center. The bill allows a county clerk and recorder of a county with less than 37,500 active electors (small county) to appoint a member of the county clerk and recorder's staff to serve as one of the required election judges for each voter service and polling center.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:11 AM

Provide Information On Abortion Pill Reversal

HB23-1150

The bill creates the "Abortion Pill Reversal Information Act" (act). The act requires a physician or other qualified medical professional to provide state-prepared information concerning abortion pill reversal, including a telephone number and website address where a pregnant woman can seek resources to obtain abortion pill reversal, to any woman seeking an abortion through the use of an abortion-inducing drug. The physician or other qualified medical professional must provide the information at least 24 hours before the physician prescribes or administers the abortion-inducing drug or induces the abortion.
The department of public health and environment is required to maintain the state-prepared information on its public-facing website.

The act makes it a deceptive trade practice to fail to provide the required information concerning abortion pill reversal. The act also includes civil penalties and professional discipline for failure to comply with the requirements in the act and allows the general assembly to appoint members to intervene in any lawsuit challenging the constitutionality of the act.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Introduced in House,Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:11 AM

Clarifications To 48-hour Bond Hearing Requirement

HB23-1151

Current law requires an individual who is in jail to be brought before a judge for a bond hearing within 48 hours of arriving at the jail. The bill clarifies the circumstances when the 48-hour requirement does not apply when the individual is unable to attend court. The bill also clarifies that the 48-hour requirement applies regardless of whether:
- The individual is held in custody in a jurisdiction other than the one that issues the arrest warrant; or
- Money bond was previously set ex parte.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Judiciary

3/20/2023

1:30 PM

Old Supreme Court

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Environmental Standards For Appliances

HB23-1161

Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the bill expand the appliances and fixtures that are subject to the standards and update the standards.
Specifically, section 4 updates standards for certain appliances and fixtures that are sold in Colorado on and after certain dates, including:
- Certain faucets and urinals;
- Certain lamps;
- Commercial hot food holding cabinets;
- Portable electric spas;
- Residential ventilating fans; and
- Spray sprinkler bodies.
Section 4 also creates new standards for certain appliances and other fixtures that are sold in Colorado on and after January 1, 2024, including:
- Air purifiers;
- Commercial ovens;
- Electric storage water heaters;
- Electric vehicle supply equipment;
- Gas fireplaces;
- Irrigation controllers;
- Tub spout diverters and showerhead tub spout diverter combinations; and
- Certain residential windows, residential doors, and residential skylights.
Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies. Section 5 requires the executive director of the department of public health and environment (executive director) to promulgate rules on or before January 1, 2026, and every 5 years thereafter:
- Adopting a more recent version of any standard; and
- Establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met.
Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships, or a successor organization. Section 6 also requires the executive director to conduct periodic, unannounced inspections of major distributors or retailers, including online retailers, of new products in order to determine compliance with the standards.
Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation. Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions:
- On and after January 1, 2024, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any new compact fluorescent lamp with a screw- or bayonet-type base; and
- On and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear fluorescent lamp or any compact fluorescent lamp with a pin-type base.
Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater, boiler, or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. On or before January 1, 2029, the air quality control commission in the department of public health and environment must promulgate rules lowering the emission limits. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of various described means. Sections 8 and 9 both require the executive director to conduct periodic, unannounced inspections of major distributors or retailers, including online retailers, of new products to determine compliance and to report violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Revoke Carbon Dioxide Status As A Pollutant

HB23-1163

Section 1 of the bill makes legislative findings regarding the minimal negative effects of carbon dioxide in the atmosphere as a contributor to greenhouse gases in comparison to other, more harmful emissions.Section 2 prohibits the classification of carbon dioxide as a pollutant in the state and establishes that, notwithstanding any other law to the contrary, state statute, executive agency rules, and any regulations of local governments or other political subdivisions of the state must not include the regulation of carbon dioxide emissions as a pollutant. Any portion of an executive agency rule that treats carbon dioxide emissions as a pollutant is void.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:11 AM

Opioid Harm Reduction

HB23-1164

Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs more than one gram and not more than 4 grams and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 4 drug felony; except that, if a defendant shows supporting evidence to establish that the defendant made a reasonable mistake of fact and did not know that the controlled substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the matter must be submitted to the finder of fact in the form of interrogatory included in the verdict form. If the finder of fact determines the defendant made a reasonable mistake of fact, the defendant commits a level 1 drug misdemeanor. The bill eliminates this provision. Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs not more than one gram and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 1 drug misdemeanor; except that a fourth or subsequent offense is a level 4 drug felony. The bill eliminates the requirement that the possession must be knowing.
The bill creates the opioid antagonist fund in the department of education to bulk purchase and distribute opioid antagonists to eligible schools. For the 2023-24 state fiscal year, the general assembly appropriates $2 million to the fund from the general fund.

The bill extends civil and criminal immunity to the department of education, or a person acting on behalf of the department, for acting in good faith to furnish an opioid antagonist to an eligible school.

The bill requires every agency that employs a peace officer to submit an annual report to the department of public health and environment (department) concerning every incident in which a peace officer administered an opioid antagonist to an individual. Using that information the department creates a consolidated report and provides it to the house of representatives judiciary and public and behavioral health and human services committees and the senate judiciary and health and human services committees.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Judiciary

3/28/2023

1:30 PM

HCR 0112

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

County Authority To Prohibit Firearms Discharge

HB23-1165

Under existing law, a board of county commissioners (board) may designate unincorporated areas of a county where it is unlawful to discharge firearms, except the board may not prohibit discharge of firearms in shooting galleries, on private grounds, or in residences under circumstances that do not endanger persons or property. A designated area must have an average population density of 100 persons or more per square mile.
The bill repeals the exception for private property, repeals the minimum population density requirement, and instead requires that the designated area have 30 dwellings or more per square mile. A board is not allowed to prohibit discharge of a firearm in a designated area by a peace officer, in an indoor shooting gallery located in a private residence, or at a shooting range.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Local Government & Housing

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Legal Representation And Students With Disabilities

HB23-1168

Current law entitles a parent, guardian, or legal custodian of, or entity with educational decision-making authority for, a student with a disability, or a student who may be eligible for special education services (parent), to file a state complaint in the event of a dispute with an administrative unit or a state-operated program (education provider). If the parent prevails in a state complaint decision, the education provider may file a due process complaint against the parent regarding the issues disputed in the state complaint. The bill requires the department of education (department) to create and maintain a list of attorneys qualified to represent a parent in a due process complaint hearing filed by an education provider concerning issues disputed in the state complaint in which the parent prevailed.
The department shall appoint an attorney to defend a parent against due process complaints filed by an education provider. The parent may waive the appointment of the attorney.

The bill requires the department to include information on attorney appointments in the procedural safeguard notice and in materials distributed to parents describing due process complaint procedures.

The bill creates a fund to pay attorneys defending parents against due process complaints filed by an education provider.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Education

3/20/2023

1:30 PM

SCR 357

Status:

Introduced in House,Passed House

Last Updated

March 20, 2023 at 1:50:11 AM

Distributed Ledgers Voting

HB23-1170

A distributed ledger is a permanent database that is consensually shared, synchronized, and publicly accessible. A distributed ledger allows information to be entered into a publicly available common database from multiple locations at different times. The bill establishes a system for the use of distributed ledgers in elections.
In the case of an elector who votes in person:
- A vetting registrar, in the presence of a vetting registration observer team, verifies that the elector is eligible to vote, and updates the voter eligibility status distributed ledger to reflect this process;
- A token assignment registrar, in the presence of a token assignment observer team, assigns the elector an election token, which is a unique anonymous text identifier, and updates the token assignment status and voter eligibility status distributed ledgers to reflect the assignment;
- The elector completes the elector's ballot and the election token is attached to that ballot; and
- An election official ensures that the elector is provided with a copy of the elector's ballot and election token.

In the case of an elector who votes by mail:
- A vetting registrar, in the presence of a vetting registration observer team, notifies the elector that the elector's ballot has been received and will only be counted after the elector acknowledges the ballot's receipt;
- If the elector confirms the receipt of the elector's ballot with the vetting registrar, in the presence of the vetting registration observer team, the vetting registrar shall indicate this confirmation on a form attached to the ballot and update the voter eligibility status distributed ledger to reflect the confirmation; and
- A token assignment registrar, in the presence of a token assignment observer team, assigns the ballot an election token, which is a unique anonymous text identifier, and updates the token assignment status and voter eligibility status distributed ledgers to reflect the assignment.

Before any ballot is counted, it is verified, in the presence of a token assignment observer team, that a unique election token is attached to the ballot. Upon counting a ballot, unless the ballot is counted as part of a manual count, a cast vote record of the ballot must be created and entered into the cast vote record distributed ledger.

The public may access the various distributed ledgers described in the bill to confirm that the approach in the bill is followed, and that votes are counted accurately, and that the public may access a tally status report distributed ledger as votes are counted to track election results.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:11 AM

Just Cause Requirement Eviction Of Residential Tenant

HB23-1171

The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists when:
- The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment;
- The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation;
- Conditions exist for a no-fault eviction;
- The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or
- The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement.

The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations:
- Demolition or conversion of the residential premises;
- Substantial repairs or renovations to the residential premises; or
- Occupancy of the residential premises assumed by the landlord or a family member of the landlord.

A landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction:
- An individual who is less than 18 years of age or at least 60 years of age;
- A low-income individual; or
- An individual with a disability.

If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Status:

Introduced in House,Passed House

Last Updated

March 20, 2023 at 1:50:11 AM

Upcoming:

Status:

Last Updated

March 20, 2023 at 1:50:11 AM

Retail Delivery Fees

SB23-143

Currently, the state and several state enterprises impose fees on retail sales of taxable tangible personal property delivered by motor vehicle to a location in the state. These fees are collectively known as the retail delivery fee (RDF), and a retailer who makes a retail delivery is required to add the RDF to the price of the retail delivery, collect it from the purchaser, and pay the RDF revenue to the department of revenue (department), which distributes the revenue to the appropriate cash funds.
The department generally administers the RDF in the same manner as the state sales and use tax. The bill modifies this administration by permitting a retailer to pay the RDF on behalf of the purchaser. If the retailer elects to pay the RDF, then the retailer is:
- Not required to add the RDF to the price of the retail delivery, separately itemize the RDF, or collect the RDF from the purchaser, who is not liable for the amount nor eligible for a refund of an erroneously paid RDF; and
- Required to remit the RDF on the date that would be required if the RDF had been received from the purchaser on the date of the retail delivery.

The department is required to waive any processing costs for a retailer's electronic payment by automated clearing house (ACH) debit of the RDF if the charges would exceed the amount of the RDF revenue being remitted.

The bill creates an exemption from the RDF for a retail delivery by a qualified business, which is a business that has $500,000 or less of retail sales in the prior year or is new, that applies retroactively to when RDFs were first imposed. A purchaser is not eligible for a refund of any RDF that is collected and remitted to the department by a qualified business prior to the effective date of the bill.

The bill also creates a primary definition for "retail delivery" that is cross-referenced in other RDF provisions, and related to this change, a definition of "retail sale" is repealed where the cross reference makes it unnecessary.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Finance

3/20/2023

1:30 PM

HCR 0112

Status:

Passed Senate

Last Updated

March 20, 2023 at 1:50:11 AM

Prescription Drugs For Chronic Pain

SB23-144

The bill allows a health-care provider to prescribe, dispense, or administer a schedule II, III, IV, or V controlled substance (drug) to a patient in the course of treatment for a diagnosed condition that causes chronic pain. The bill also clarifies that the prescribing health-care provider is not subject to disciplinary action by the appropriate regulator for prescribing a dosage of a drug that is equal to or more than a morphine milligram equivalent dosage recommendation or threshold specified in state or federal opioid prescribing guidelines or policies.
The bill prohibits a health-care provider from refusing to accept or continue to treat a patient solely on the basis of the dosage of a drug the patient requires for the treatment of chronic pain. A health-care provider is also prohibited from tapering a needed dosage solely to meet a predetermined dosage recommendation.

The bill also prohibits a pharmacist, health insurance carrier, or pharmacy benefit manager from refusing to fill or approve the coverage for a drug solely on the basis of the dosage requirement of a patient.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Health & Human Services

3/28/2023

Upon Adjournment

HCR 0112

Status:

Passed Senate,Introduced in House

Last Updated

March 20, 2023 at 1:50:11 AM

Regulation Of Kratom

SB23-147

Effective July 1, 2024, the bill:
- Establishes the minimum standards and labeling requirements for kratom products;
- Requires that, prior to selling or offering for sale any kratom product, the processor of the kratom product (processor) register the kratom product with the department of revenue (department) and provide a certificate of analysis for the kratom product to the department;
- Requires a processor to notify the department if an adverse event report is submitted to the federal food and drug administration for any of the processor's kratom products; and
- Allows the department, if there is a reasonable basis, to require a test for compliance of a processor's kratom product by a third-party laboratory, to coordinate with a third-party laboratory to conduct the test, and to require the processor to pay the department's cost for the test.

The executive director of the department is required to promulgate rules to administer and enforce the bill and is authorized to impose fines on processors that violate the bill.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Upcoming:

Postpone Indefinitely

Status:

Introduced in Senate,Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:11 AM

Homeowner's Insurance Underinsurance

HB23-1174

The bill requires the commissioner of insurance (commissioner) to prepare an annual report on the cost of rebuilding homes in Colorado in the event of a total loss. An insurer that issues or renews more than 25% of its homeowner's insurance policies in a particular region of the state at a cost that is at least 10% less than the estimate set forth in the commissioner's annual report is required to report certain information to the commissioner.

Current law prohibits an insurer from canceling or refusing to renew a policy of homeowner's insurance unless the insurer mails notice to the insured at least 30 days in advance of the effective date of the cancellation of or refusal to renew the policy. The bill increases the notice requirement to 60 days in advance of the action.

The bill creates guaranteed replacement cost coverage in homeowner's insurance, which pays the full cost to repair or replace a damaged or destroyed structure, even if the amount exceeds the policy limits. The bill specifies the factors an insurer must consider when determining the replacement costs of a dwelling and requires insurers to disclose certain information regarding the replacement costs before issuing or renewing a homeowner's insurance policy.

The bill requires an insurer to offer an applicant guaranteed replacement cost coverage before offering extended replacement cost coverage, law and ordinance coverage, or inflation protection coverage, which is defined as coverage that provides automatic adjustments of the coverage amount on the dwelling or structure being insured to protect against the impact of inflation.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House,Pending House Appropriations

Last Updated

March 20, 2023 at 1:50:10 AM

PERA Defined Contribution Plan School Personnel

HB23-1176

Current law allows only specified employees to participate in the public employees' retirement association's (PERA) defined contribution plan. Employer and member contribution rates for PERA's defined contribution plan are fixed in statute and vary per division. Members of the school division or the Denver public schools (DPS) division of PERA are not able to enroll in the defined contribution plan and are enrolled in the defined benefit plan administered by PERA.

The bill requires the PERA board to establish and administer a flexible defined contribution plan and gives PERA members who are hired on or after January 1, 2024, and who are members of the school division or DPS division (eligible employees), the option to participate in the flexible defined contribution plan. If an eligible employee opts to participate in the flexible defined contribution plan, the eligible employee may determine the employee's contribution rate. Employers of eligible employees who opt into the flexible defined contribution plan are required to contribute an amount equal to 6.5% of the member's salary toward the member's account, and contribute an amount equal to 15% of the member's salary to the defined benefit plan.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Introduced in House,Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:10 AM

Court Personnel And Domestic Violence Awareness

HB23-1178

To comply with the federal "Keeping Children Safe From Family Violence Act" (federal act), the bill requires courts that hear proceedings concerning the allocation of parental responsibilities involving domestic violence or child abuse, including child sexual abuse, to admit expert testimony and evidence only if the expert demonstrates expertise and experience working with victims of domestic violence or child abuse, including child sexual abuse. The court is also required to consider evidence of past sexual or physical abuse committed by the accused party.
A court shall not remove or restrict contact between a child from a protective party who is competent, protective, not physically or sexually abusive, and with whom the child is bonded or attached solely in order to improve a deficient relationship with the accused party.

The bill provides that a court shall not order reunification treatment (treatment) that is predicated on cutting off the relationship between a child and a protective party with whom the child is bonded and attached. If a court orders treatment, the treatment must be generally accepted and there must be scientifically valid proof of the safety, effectiveness, and therapeutic value of the treatment.

The bill directs the task force created in House Bill 23-1108 to study victim and survivor awareness and responsiveness training requirements to study the training requirements required by the federal act for any judge or magistrate who presides over parental responsibility proceedings.

The bill requires court personnel, including guardians ad litem, representatives of a child, counsel for youth, special masters, mediators, child and family investigators, and parental responsibilities evaluators, to complete no less than 20 hours of initial training and no less than 15 hours of ongoing training every 5 years. The training must focus on domestic violence and child abuse.

A professional trainer is required to conduct the training. The professional trainer shall have substantial experience in assisting survivors of domestic violence or child abuse.

The bill requires the judicial branch to apply to the federal department of justice's office of the attorney general for a grant increase in compliance with the federal act.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House,Pending House Appropriations

Last Updated

March 20, 2023 at 1:50:10 AM

County Commissioner Elections

HB23-1180

Currently, in a county with a population of 70,000 or more, the board of county commissioners (board) may consist of 3 commissioners from 3 districts, with one commissioner elected from each district by voters of the whole county. Alternatively, the board may consist of 5 commissioners, the county may be divided into 3 or 5 districts, and the commissioners may be elected pursuant to one of 10 alternative methods.

The bill eliminates this discretionary system and instead requires that all counties with a population of 70,000 or more have 5 commissioners, with at least 3 commissioners elected only by voters resident in the district from which each commissioner runs for election. The bill allows the counties to choose between 3 election alternatives:
- 3 commissioners resident in 3 districts elected by voters resident in those districts and 2 commissioners elected at large;
- 4 commissioners resident in 4 districts elected by voters resident in those district and one commissioner elected at large; or
- 5 commissioners resident in 5 districts elected only by voters resident in those districts.

The bill makes conforming amendments to statutory provisions concerning commissioner districts and election petition statutes. The bill does not affect counties that have adopted home rule.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Postponed Indefinitely

Last Updated

March 20, 2023 at 1:50:10 AM

Remote Public Access To Criminal Court Proceedings

HB23-1182

The bill requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless the court does not have the technology available to do so or the court has ordered that the public is excluded from the proceeding. The bill also requires the court to post links on its website for the remote observation. If a court does not have the technology to allow remote observation to the public but later obtains such technology, the bill requires the court to comply with the bill within 90 days after obtaining the necessary technology.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Judiciary

3/28/2023

1:30 PM

HCR 0112

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:10 AM

Low-income Housing Property Tax Exemptions

HB23-1184

Section 1 of the bill clarifies and expands the current property tax exemption for property acquired by nonprofit housing providers for low-income housing. The bill clarifies that property may qualify for the property tax exemption, through construction on the property, until the property is sold or transferred. The bill expands the definition of "low-income" applicants to include individuals or families who are at or below 100% of the area median income, rather than 80% of the area median income.Section 2 deems certain property held by community land trusts and nonprofit affordable homeownership developers to be used for a strictly charitable purpose, and to consequently be exempt from property taxation in accordance with the state constitution. To qualify for the exemption, the property must be split into a separate taxable parcel from the improvements on the property and leased to the owner of the improvements as an affordable homeownership property.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House,Pending House Appropriations

Last Updated

March 20, 2023 at 1:50:10 AM

Requirements For Recall Elections And Vacancies

HB23-1185

Section 1 of the bill clarifies the affidavit of intent requirements for a write-in candidate in a partisan election.Section 2 requires that if the election of the successor is a partisan election, and the incumbent was affiliated with a political party when the incumbent was elected, only a person who is affiliated with the same political party may be nominated as a successor. If the incumbent was unaffiliated at the time the incumbent was elected, only a person who is unaffiliated may be nominated as a successor.Sections 3 through 8 clarify the procedure for filling a vacancy in the governing body of a municipality in the absence of a quorum of the body. When a vacancy occurs, the governing body shall appoint an eligible elector or call a special election within 60 days. If the governing body lacks sufficient members to reach a quorum, the clerk of the governing body is authorized to call a special election to fill any vacancies.Sections 9 through 11 make several changes to the requirements for municipal recall elections, including:
- Requiring members of the committee designated to represent the signers of a recall petition to be registered electors residing in the municipality;
- Clarifying the number of signatures required for a recall petition for a person holding an office filled by more than one person;
- Requiring signers to include their municipality and county with their address when signing a recall petition;
- Clarifying the effect of disassembly of a recall petition;
- Repealing requirements to send a copy of a protest to the county clerk and recorder and for the county clerk and recorder to prepare a list of registered electors for the protest;
- Clarifying deadlines and processes for petitions and protests;
- Requiring that nomination petitions for successors be circulated and filed within 20 calendar days after the date a recall election is set;
- Clarifying procedures for voting by absentee ballot in recall elections;
- Providing that if the incumbent is not recalled, the votes for a successor are not recorded and any unofficial results of the vote on a successor shall not be disclosed; and
- Clarifying ballot requirements and election standards for a recall election in which more than one officer is sought to be recalled.
- (Note: This summary applies to this bill as introduced.)

Upcoming:

Senate State, Veterans, & Military Affairs

3/23/2023

1:30 PM

Old Supreme Court

Status:

Passed House

Last Updated

March 20, 2023 at 1:50:10 AM

Remote Participation In Residential Evictions

HB23-1186

For a residential eviction action filed in county court, the bill:
- Requires the court to allow either party or any witness to choose to appear in person or remotely at any return, conference, hearing, trial, or other court proceeding;
- Authorizes a pro se defendant to file an answer electronically by e-mail, or at the court's discretion, through an e-filing system; and authorizes either party, if the party is pro se, to file a motion or other documents electronically by e-mail, or at the court's discretion, through an e-filing system;
- Prohibits the court from assessing an e-filing fee or service fee on a motion to waive filing fees, or from assessing an e-filing fee, service fee, or any other fee associated with the electronic filing or e-mailing of motions, answers, or documents for an indigent party; and
- Requires the court to comply with federal and state law or regulations, including supreme court directive or policy, regarding the provision of accommodation for people with a disability or for people with limited English proficiency.

If a party is appearing remotely and the party is disconnected, the bill requires the court to make all reasonable efforts to contact the party and allow reasonable time for the party to reestablish connection. If the party is unable to reestablish connection, the bill requires the court to reschedule the hearing for the first available in-person date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable. The bill prohibits the court from entering a default judgment if a party is unable to participate remotely due to a technological disconnection or failure.

The bill requires the complaint to include a designation of whether the plaintiff elects to participate in any hearing in person or remotely, and a box indicating if the eviction is for a residential or commercial tenancy.

The bill requires the summons to include a statement in bold-faced type notifying the defendant that either party has a right to appear in person or remotely, include a place for the defendant to indicate whether the defendant will appear in person or remotely, and provide information for how a pro se party can electronically submit documents related to the case.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House 2nd Reading

3/20/2023

10:00 AM

Status:

Introduced in House,House 2nd Reading

Last Updated

March 20, 2023 at 1:50:10 AM

Alternatives In Criminal Justice System And Pregnant Persons

HB23-1187

In determining bond or alternative sentences for a pregnant or postpartum defendant (defendant), the bill requires the court to consider whether the defendant poses a substantial risk to the public and whether that substantial risk outweighs the risks of incarceration.

If a defendant is arrested or in custody at a county jail or correctional facility, the defendant may request a pregnancy test following admission to the county jail or correctional facility. A sheriff or department of corrections staffperson shall provide a pregnancy test to the defendant within 24 hours after the request. Requesting the test, taking the test, and results of the test are confidential medical information and must not to be disclosed, except when the defendant receives medical care.
The bill allows a court to consider the following forms of alternative sentencing for the defendant:
- A diversion;
- A deferred judgment and sentence;
- A stay of execution (stay); or
- An unaccompanied furlough (furlough).

If the defendant is convicted of a new crime or violates substantive conditions imposed by a court while a stay or furlough is imposed, the court may add conditions, issue warrants, end the stay or furlough, or continue the stay or furlough.

On or before December 1, 2024, and on or before each December 1 thereafter, the judicial branch is required to submit an annual report to the judiciary committees of the house of representatives and the senate, or their successor committees, with information on, among other things, the total number of defendants who were sentenced or released.

The bill applies to pregnant or postpartum juveniles (juvenile). In determining commitment, bond, or alternative sentences for a juvenile, the bill requires the court to consider whether the juvenile poses a substantial risk to the public and whether that substantial risk outweighs the risks of commitment. The bill allows the following forms of alternative sentencing for the juvenile:
- A diversion;
- A deferred judgment and sentence;
- A stay; or
- A furlough.

On or before December 1, 2024, and on or before each December 1 thereafter, the department of human services is required to submit an annual report to the judiciary committees of the house of representatives and the senate, or their successor committees, with information on, among other things, the total number of juveniles who were sentenced or released.

Current law requires a court to admit in a criminal proceeding information that is reported by mandatory reporters related to a defendant's substance use discovered in the course of medical care related to pregnancy. The bill eliminates the requirement.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Appropriations

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

March 20, 2023 at 1:50:10 AM

Individualized Learning Schools And Programs

HB23-1188

The bill authorizes a public school or a charter school that is permitted by its charter authorizer to offer an individualized learning program or become an individualized learning school.

Individualized learning includes a course of instruction or grade-level course work that is:
- Provided, in whole or in part, independently from a regular classroom setting or schedule;
- Supervised, monitored, assessed, evaluated, and documented by a teacher employed by an individualized learning school or a public school that offers an individualized learning program; and
- Documented in the student's written learning plan.

The bill requires each charter school application to identify whether the proposed charter school will offer an individualized learning program or become an individualized learning school.

The bill authorizes an existing charter school to request to amend the charter contract to allow the charter school to offer an individualized learning program or propose to become an individualized learning school either in connection with the charter-renewal process or pursuant to an agreement with the charter authorizer that the charter school will submit a written plan for becoming an individualized learning school.

The bill requires an individualized learning school to operate as part of, or within reasonable proximity to, a public school that serves students enrolled in the individualized learning program.

The bill requires an individualized learning school or an individualized learning program to be open for enrollment to any student whose residence is within reasonable distance of the school or program that will permit the student to attend the school in person on a daily basis, if needed.

The bill requires each student enrolled in an individualized learning school or individualized learning program to have a written learning plan that is designed to meet the student's individual educational needs.

The bill requires direct personal contact between a teacher and each student to take place at least once per school week.

The bill requires a teacher to evaluate the educational progress of each student enrolled in an individualized learning school or individualized learning program at least once a month during the student's enrollment. If the teacher determines the student failed to make satisfactory progress or failed to follow the student's written learning plan, the bill requires the teacher to develop an intervention plan for the student. If the student continues to make less-than-satisfactory progress after 3 consecutive months despite an intervention plan, the bill requires the teacher to develop and implement an amended written learning plan that includes a course of study designed to meet the student's needs more appropriately.

The bill requires individualized learning to be overseen by a chief academic officer who is appointed by the individualized learning school or public school that offers an individualized learning program.

For the 2023-24 and 2024-25 state fiscal years, the bill requires an individualized learning entity to receive public school funding if a student is enrolled in an individualized learning entity that was operating on or before the effective date of this act; was enrolled in a public school the preceding academic school year; was not enrolled in a private school or participating in a nonpublic home-based education program the preceding school year; or is enrolling for the first time as a kindergarten or first-grade student or has recently moved to Colorado and is enrolling for the first time as a Colorado resident in any grade level. Beginning with the 2025-26 state fiscal year, the bill requires an individualized learning school to receive public school funding in the manner and to the degree that applies to any student enrolled in a public school.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Education

3/23/2023

1:30 PM

HCR 0107

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:10 AM

Employer Assistance For Home Purchase Tax Credit

HB23-1189

The bill creates a state income tax credit for employers who make a monetary contribution to an employee for use by the employee in purchasing a primary residence. The amount of the credit allowed is 5% of an employer's contribution to an employee, but the credit is capped at $5,000 per employee per year and an employer cannot receive a credit of more than $750,000 for all contributions made in a year to employees. The employee must use the money contributed for eligible expenses which include a down payment and closing costs, including fees for appraisals, mortgage origination, and inspections. An employee may authorize their employer to withhold a specified amount of the employee's earnings as an employee contribution into the savings account established by the employer that holds the employer contribution. If an employee ends their employment with the employer or if the employee intends to use the employee contribution in a manner that is not consistent with an eligible expense, the employee forfeits any unexpended amount of the employer contribution and the amount of the credit allowed to the employer for the employer contribution is subject to recapture. In such an occurrence, the employee is entitled to the employee contribution, plus any interest earned. The credit is not refundable but may be carried forward by the employer for a period of not more than 5 years. The amount contributed by the employer may be subtracted by the employee from the employee's federal taxable income for the purpose of determining their state taxable income; except that, if an employee forfeits the employer contribution, then the amount that the employee had subtracted from their federal taxable income is added back to their federal taxable income for the purpose of determining their state taxable income for the subsequent tax year. The executive director of the department of revenue may promulgate rules related to the implementation of the credit.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House,Pending House Appropriations

Last Updated

March 20, 2023 at 1:50:10 AM

Prohibit Corporal Punishment Of Children

HB23-1191

The bill prohibits a person employed by or volunteering in a public school, a state-licensed child care center, a family child care home, or a specialized group facility from imposing corporal punishment on a child. The bill defines "corporal punishment" as the willful infliction of, or willfully causing the infliction of, physical pain on a child.

(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Education

3/22/2023

1:30 PM

SCR 357

Status:

Introduced in House,Passed House,Introduced in Senate,Pending Scheduling in Committee

Last Updated

March 20, 2023 at 1:50:10 AM

Additional Protections In Consumer Code

HB23-1192

Section 1 of the bill:
- Removes the knowingly or recklessly mental state from the general unfair or deceptive trade practice provision concerning an unfair, unconscionable, deceptive, deliberately misleading, false, or fraudulent act or practice;
- Establishes as a deceptive trade practice the act of including in a contract offered to or entered into with a consumer a term that is substantially unconscionable or void as against public policy;
- Establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public; and
- Amends the definition of "recklessly" with regard to unfair or deceptive trade practices to mean without regard to consequences or to the rights, interests, or safety of others.

Under current law, a person commits an unfair and unconscionable act or practice if the person engages in price gouging with regard to the sale or provision of certain goods or services during, and for a certain period after, a declared emergency disaster (disaster period). Section 2 extends the disaster period from 180 days after the first declaration of the disaster to 180 days after the final declaration concerning the disaster expires.Section 3 repeals and reenacts the "Colorado Antitrust Act of 1992" as the "Colorado State Antitrust Act of 2023" (act) and:
- Establishes that the facilitation or aiding and abetting of another person's violation of the act is itself a violation of the act;
- Authorizes the attorney general (AG) to request discovery from any person that the AG believes may in the future engage in, or has information related to, a violation of the act;
- Authorizes the AG to deem investigatory or intelligence records related to the act available for public inspection, but allows the AG to issue public statements or warnings regarding conduct forming the basis of the investigatory or intelligence records without waiving the AG's authority not to deem the records available for public inspection;
- Authorizes a court, upon request of the AG, to compensate a person that has been injured from a violation of the act as part of a civil action that the AG brings on behalf of the person;
- Increases the maximum civil penalty that a court may award for a violation of the act from $250,000 to $1,000,000 per violation; and
- With regard to the statute of limitations for commencing a civil action under the act:
- Clarifies that a cause of action accrues on the date of the last in a series of acts or practices that, in the aggregate, constitute a violation of the act;
- Tolls the statute of limitations for any civil action pertaining to an alleged violation of the act during the pendency of a federal proceeding regarding the conduct forming the basis of the alleged violation of the act; and
- Exempts the AG from the statute of limitations.
- (Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Judiciary

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

March 20, 2023 at 1:50:10 AM

Closed Landfills Remediation Local Governments Grants

HB23-1194

The bill creates the closed landfill remediation grant program (grant program) to help eligible local governments pay the costs of environmental remediation efforts and landfill management. The department of public health and environment (department) is required to administer the grant program in accordance with rules promulgated by the solid and hazardous waste commission (commission) in the department. The department, in consultation with a 5-person advisory committee created in the bill, may award grants from money in the closed landfill remediation grant program fund, which fund is also created in the bill.

The bill requires the commission to promulgate rules establishing a process for resolving disputes between local governments and the department. The rules must include the creation of a technical committee consisting of 3 individuals who review disputes and recommend dispute resolutions.

The bill requires the department to work with a local government that owns a closed landfill to address compliance issues and attempt to resolve disputed issues in a collaborative manner before implementing certain enforcement mechanisms. While a dispute resolution process is occurring in good faith, the department must cease and desist with ongoing enforcement mechanisms and must not implement new enforcement mechanisms against a local government.

The bill requires the commission to promulgate rules concerning the imposition of civil penalties against local governments and to consider certain factors in promulgating the rules.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Transportation, Housing & Local Government

3/29/2023

1:30 PM

LSB A

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:10 AM

Teacher Externship Program For Science Technology Engineering And Math Disciplines

HB23-1198

The bill requires the department of labor and employment (department) to establish a teacher externship program to allow kindergarten through twelfth grade public school teachers (K-12 teachers) to participate in experiential learning opportunities with employers, outside of the school environment, to gain knowledge and expand their curriculum in the science, technology, engineering, and mathematics disciplines and other disciplines that may be of value to a particular school district.
The department is required to work with the department of education to select appropriate employers to participate in the externship program. Employers may be eligible for a tax credit for participation in the externship program. A K-12 teacher who participates in the externship program may receive compensation from the applicable school district or from the employer providing the externship and may apply for professional development credit and graduate school credits as part of the teacher license renewal requirements.

The director of the division of employment and training in the department is authorized to seek and accept gifts, grants, and donations for allocation to school districts for compensation for teachers who participate in an externship.

The bill requires the department to compile and report data on the externship program on an annual basis.

The bill creates a tax credit for employers that participate in the externship program.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Appropriations

Status:

Introduced in House

Last Updated

March 20, 2023 at 1:50:10 AM

Improved Outcomes Persons Behavioral Health

HB23-1200

The bill creates a behavioral health treatment voucher pilot program (program) to allow persons experiencing a behavioral health crisis who cannot find treatment with a behavioral health administration safety net provider to receive a voucher to use for payment with a private treatment provider (provider). The provider submits the voucher to the appropriate regional behavioral health administrative service organization for reimbursement. The bill allows one year for development of the program, then the program will operate through July 1, 2027. At the conclusion of the program, the behavioral health administration (BHA), in connection with the department of health care policy and financing and the department of human services, shall prepare a one-time report for the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate. The bill grants the BHA authority to promulgate rules related to the creation of the program.
The bill requires the behavioral health administration to create a family input form and require all behavioral health entities, recovery support services organizations, controlled substance licensed facilities, medicaid providers, hospitals, and emergency rooms to accept the family input form. The family input form allows a family member or friend of an individual to provide information or background on an individual needing mental health or behavioral health services.

(Note: This summary applies to this bill as introduced.)

Upcoming:

House Public & Behavioral Health & Human Services