Sen. Bob Gardner

To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended. APPROVED by Governor June 7, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The law has allowed, but has not required, a county or a municipality to adopt a resolution or ordinance that either establishes business licensure requirements for massage facilities or regulates and prohibits unlawful activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses. The act: Makes a legislative finding and declaration that it is a matter of mixed statewide and local concern to establish a statewide requirement that a massage facility operator, owner, or employee, including an independent contractor who is involved in the routine operations of a massage facility (employee), submit to a background check, which generally means a fingerprint-based criminal history record check (background check); Requires every county, city and county, and municipality (local government) that has a massage facility within its jurisdictional boundaries to adopt a local process that ensures that the required background checks are conducted; Requires such a local process to also require, as a condition for a person remaining as or becoming a massage facility operator, owner, or employee, that: Every current operator, owner, and employee submit to a background check on or before the earlier of October 1, 2025, or any other date specified in the local process; and Every prospective operator or owner to submit to a background check at least 30 days before being granted a license to operate the massage facility or assuming an ownership interest in a massage facility; Prohibits a person from being a massage facility owner if the person either has not submitted to a required background check or has either: Been convicted of or entered an accepted plea of nolo contendere for a felony or misdemeanor of solicitation of a prostitute, a human trafficking offense, or money laundering; or Is registered as a sex offender or is required by law to register as a sex offender; Prohibits a massage facility operator or owner from employing at a massage facility a person who has not submitted to a required background check; Authorizes an operator or owner to employ at a massage facility a person who has been convicted of or entered an accepted plea of nolo contendere for a felony or misdemeanor of solicitation of a prostitute, a human trafficking offense, or money laundering, or who is registered as a sex offender or is required by law to register as a sex offender, if the operator or owner believes that the person does not pose a threat to customers or employees of the massage facility; Authorizes the local licensing authority for a local government that has established massage facility business licensure requirements to suspend or revoke the license of any massage facility that has an owner or an employee who is prohibited from being a massage facility owner or employee; Requires a county and a municipality within the county to consult with each other when developing, as is still authorized but not required, a resolution or ordinance to establish business licensure requirements for massage facilities or regulate and prohibit unlawful activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses, and, by mutual agreement between a county and a municipality within the county, allows a municipality to elect to have a county's resolution or ordinance apply to massage facilities operating within the jurisdictional boundaries of the municipality in lieu of adopting its own ordinance or resolution; and Because a massage therapist is required by current law to submit to a background check to obtain a license to practice massage therapy, exempts a licensed massage therapist from the act's background check requirement. APPROVED by Governor June 6, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act creates the bridges wraparound care program (wraparound program) in the office of bridges of Colorado (bridges of Colorado) to increase the success of eligible individuals referred from the criminal justice system by connecting the individuals to necessary wraparound care coordination services, resulting in case dismissal, continuity of care, and increased social stability. The act requires each judicial district to develop a process to identify and refer eligible individuals to the wraparound program as a community-based alternative to competency proceedings. The chief judge of each judicial district is required to enter into a memorandum of understanding with multiple entities within the judicial district to develop and implement a referral process to deflect individuals who are likely to be found incompetent to proceed from competency proceedings and the criminal justice system. The act requires the office of the state court administrator to ensure a court coordinator assists with identifying eligible individuals, collaborates with the entities to develop the memorandum of understanding, manages and collects data and manages reporting requirements, and provides ongoing support to each judicial district in developing and implementing the referral process. A defendant may be referred to the wraparound program with the consent of the district attorney. A defendant who is referred to the wraparound program is eligible to participate in the wraparound program if the district attorney and defense counsel agree that there is reasonable cause to believe that the defendant will be found incompetent to proceed; the defendant consents to participate in the wraparound program; and the defendant is not charged with certain felonies, unless the district attorney waives the requirement. If an eligible defendant is referred to the wraparound program and the defendant consents to participate in the wraparound program, the act requires the court to issue an order appointing a bridges wraparound care coordinator (care coordinator). The wraparound program is required to accept an eligible defendant the court refers to the wraparound program unless the care coordinator determines during the initial intake process that the wraparound program is not appropriate for the defendant due to clinical or other reasons. If the care coordinator determines the wraparound program is not appropriate for the defendant, bridges of Colorado is required to immediately notify the court and outline other interventions. An individual who is accepted to participate in the wraparound program is required to enter into a written agreement with bridges of Colorado detailing the individual's participation in the wraparound program and the program expectations, cooperate with the care coordinator in developing the components of the participant's individualized wraparound care plan, and engage with the care coordinator and the services outlined in the individualized wraparound care plan. The act requires the care coordinator to conduct a screening and assessment of the participant. As part of the screening and assessment, the care coordinator is required to create an individualized wraparound care plan for the participant that is designed to reduce barriers and facilitate access to wraparound care resources. The act requires the court to set a review hearing within 182 days after the court issues the order appointing a care coordinator. At the review hearing, the court is required to dismiss the charges against the defendant unless the court finds that the defendant has not satisfactorily complied with the individualized wraparound care plan, at which point the district attorney may file a notice of termination with the court. If the defendant has not satisfactorily complied with the individualized wraparound care plan but remains engaged, the court may continue the defendant's case for up to an additional 91 days and is required to dismiss the charges if the defendant has satisfactorily complied with the individualized wraparound care plan within the additional 91 days. To implement the act, $1,430,325 is appropriated from the general fund to the judicial department and $23,098 is appropriated from the general fund to the department of human services for use by the office of behavioral health. APPROVED by Governor June 6, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act amends consumer protection laws regarding ticket sales and resales for events. The act requires operators and resellers to guarantee refunds to purchasers of tickets under certain circumstances; prohibits an operator from denying an individual access or revoking an individual's valid ticket to an event because the individual's ticket was bought through a reseller; and clarifies that an operator may revoke or restrict tickets for reasons relating to a violation of venue policies that are available in writing, for safety of patrons, or to address fraud or misconduct. The act establishes that it is a deceptive trade practice when, in the course of a person's business, vocation, or occupation, the person: Uses an internet domain name or subdomain name in an operator or reseller's URL if the domain name or subdomain name used contains the name of the place of entertainment, name of the event, name of individual or entity scheduled to perform at the event, or a name that is substantially similar to those names without prior written authorization; Uses, without prior written authorization, an internet website to display a text, image, graphic, design, or internet address that is substantially similar to an operator's internet website that could mislead a potential purchaser; Sells a ticket to an event without disclosing the total cost of the ticket, including the cost of any service charge or other fees that must be paid, or displays service charges and fees less prominently than the total price of the ticket; Makes a false or misleading disclosure of subtotals, fees, charges, or any other component of the total ticket price; or Increases the price of a ticket after the first time the price is displayed to the purchaser, with certain exceptions. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Effective July 1, 2026, the act increases the minimum compensation for a district attorney to match the compensation of a full-time district court judge. Effective July 1, 2026, the act requires the minimum compensation of an assistant district attorney to match the compensation of a full-time county court judge and requires the state to pay 50% of the minimum amount of an assistant district attorney's compensation. The district attorney, with the approval of the board or boards of county commissioners of the county or counties comprising the judicial district or with the approval of the city council of a city and county affected, may set an amount in excess of the minimum requirement. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Current law identifies bullying behaviors that are subject to school district and charter school discipline policies and reporting requirements. The act adds a pattern of bullying based on a student's weight, height, or body size to the prohibited bullying behaviors. APPROVED by Governor June 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

House Bill 22-1137, concerning practices of unit owners' associations, imposed a number of procedural requirements on unit owners' associations (HOAs) with respect to collecting payments from unit owners with delinquent accounts. The act changes some of these procedural requirements by: Removing a requirement that an HOA physically post notice of a unit owner's delinquent account on the unit owner's unit; In addition to sending notice by certified mail, requiring an HOA to contact a unit owner or designated contact by 2, rather than one, of certain described means; Authorizing an HOA to contact a unit owner or designated contact via telephone call to a telephone number that the HOA has on file for the unit owner or the unit owner's designated contact; and Allowing an HOA to charge a unit owner for the cost of sending notices or documentation by certified mail. The act also exempts time share units that are not occupied on a full-time basis from some of the procedural requirements imposed by House Bill 22-1137. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act requires the state court administrator to annually report on probation supervision fees assessed in the previous year and the department of corrections to annually report on parole supervision fees assessed in the previous year during their respective "SMART Act" hearings. Unless inconsistent with another probation or parole condition, the act requires the court to allow an adult or juvenile on probation or parole to meet with the probation or parole officer through a telephone call or audio-visual communication technology. When scheduling probation or parole meetings, the probation or parole officer is required to schedule, in good faith, a mutually agreeable time for the meeting that does not conflict with the adult's or juvenile's essential obligations. The act eliminates non-payment of probation or parole fees as a grounds for the revocation of probation or parole. The act prohibits a court from requiring a defendant to pay probation supervision fees in more than one case when the defendant is granted probation in multiple cases. APPROVED by Governor June 3, 2024 EFFECTIVE September 1, 2024(Note: This summary applies to this bill as enacted.)

For civil actions filed on or after January 1, 2025, the act increases the cap on damages for noneconomic loss or injury from $250,000 to $1.5 million, and, starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation. Current law specifies who may sue for wrongful death. The act adds a sibling of the deceased as a party who may bring a wrongful death action in certain circumstances. The act imposes a wrongful death damages cap of $2.125 million, and, starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation. Beginning January 1, 2025, the act incrementally increases the medical malpractice wrongful death damages limitation to $1.575 million over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. Existing law limits the amount recoverable for noneconomic damages in medical malpractice actions to $300,000. Beginning January 1, 2025, the act incrementally increases the noneconomic damages limitation to $875,000 over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. APPROVED by Governor June 3, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

The act gives the Colorado state patrol authority to provide law enforcement services for the Ralph L. Carr Colorado judicial center and its grounds, subject to available appropriations, and to provide protection for Colorado judges and justices when they are present in the state capitol buildings group. The act gives additional administrators of judicial security temporary peace officer status pending application and review by the P.O.S.T. board. Following review by the P.O.S.T. board and upon a favorable recommendation for peace officer status from the P.O.S.T. board to the general assembly, temporary peace officer status for the additional administrators is permanent. If the P.O.S.T. board does not recommend peace officer status for the additional personnel, the temporary peace officer status expires on June 30, 2025, unless the general assembly provides otherwise. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)