Because the United States equal employment opportunity commission and the federal courts have found that a private employer's veterans preference employment policy is not a violation of Title VII of the "Civil Rights Act of 1964" if there is a basis for the policy in state law, the bill creates a statutory basis to allow a private employer to give preference to a veteran of the armed forces or the National Guard and the spouse of a disabled veteran or a veteran killed in the line of duty when hiring a new employee as long as the veteran or the spouse is as qualified as other applicants for employment. The bill clarifies that an employer who adopts a program that gives preferences to veterans or their spouses is not committing a discriminatory or unfair labor practice.(Note: This summary applies to this bill as introduced.)
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Current law creates demonstration plates that a motor vehicle dealership may use without registering the motor vehicle. The bill authorizes these plates to be used when the motor vehicle is: Offered for sale by the dealer on the dealer's property; Driven by a prospective buyer for demonstration-drive purposes during normal business hours; Driven by a prospective buyer for demonstration-drive purposes outside of normal business hours if the prospective buyer has a letter from the dealer authorizing the buyer to operate the motor vehicle with the demonstration plates and the letter contains certain information; or Driven by a dealer employee, during normal business hours, to conduct legitimate dealership business; except that the authorization excludes tow vehicles, parts pickup or delivery vehicles, courtesy shuttle vehicles, rental vehicles, haulers, or vehicles bearing the dealer's name or advertisement, other than the small dealer badge normally affixed to the rear of vehicles or the license plate holders bearing the dealer's name.(Note: This summary applies to this bill as introduced.)
The bill enacts the "Genetic Counselor Licensure Act". On and after June 1, 2021, a person cannot practice genetic counseling without being licensed by the director of the division of professions and occupations in the department of regulatory agencies. To be licensed, a person must have been certified by a national body; except that the director may issue a provisional license to a candidate for certification pursuant to requirements established by rule. The bill gives title protection to genetic counselors and standard licensing, rule-making, and disciplinary powers to the director. Genetic counselors must have insurance. The bill repeals the act on September 1, 2027, subject to sunset review. Genetic counselors are subject to the mandatory disclosures of the "Michael Skolnik Medical Transparency Act of 2010". The bill appropriates $35,895 from the division of professions and occupations cash fund to the division of professions and occupations in the department of regulatory agencies, of which $15,990 is reappropriated to the department of law, to implement the act. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
A central service technician (CST) is a person who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices in a hospital or ambulatory surgical center. The bill generally prohibits any individual from functioning as a CST unless the individual has successfully passed a nationally accredited exam and holds at least one of 2 professional credentials. The bill also generally prohibits hospitals and ambulatory surgical centers from employing a CST who does not satisfy these requirements. However, the new requirements do not apply to an individual who: Was employed as a CST in one or more hospitals or ambulatory surgical centers for a cumulative period of at least one year during the period beginning December 31, 2015, and ending December 31, 2020; Is employed as a CST by a hospital or ambulatory surgical center on December 31, 2020; and Remains continuously employed as a CST after December 31, 2020. Additionally, an individual who does not satisfy the new requirements may function as a CST in a hospital or ambulatory surgical center for up to 18 months so long as the individual continues to make a good-faith effort to satisfy the requirements during this time. A hospital or ambulatory surgical center may employ a CST who does not satisfy the new requirements if the CST qualifies for one of the described exceptions. At the request of an individual who was employed as a CST by a hospital or ambulatory surgical center, the hospital or ambulatory surgical center shall verify in writing the individual's dates of employment or the contract period during which the individual provided services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires tanning facility owners, operators, or employees of owners and operators to obtain from first-time users and retain on file a signed acknowledgment of the risks associated with using artificial tanning devices. Additionally, the bill prohibits owners, operators, or employees from allowing a minor who is under 18 years of age to use an artificial tanning device. A person who violates either of these requirements is subject to a penalty of $250 for the first violation and $500 for each subsequent violation.(Note: This summary applies to this bill as introduced.)
The bill creates the film, television, and media tax credit. The credit is available to a production company employing a workforce of at least 50% Colorado residents for production activities in the state. For production activities in a prioritized area, defined to mean a nonmetropolitan county or municipality with a population of 150,000 or less, the credit is up to 22% of the total qualified local expenditures. For production activities not in a prioritized area, the credit is up to 18% of the qualified local expenditures. The credit must be authorized and issued by the Colorado office of film, television, and media. Once issued, the credits may be used in the year issued or carried forward by the production company for up to 5 income tax years. The credits may also be transferred to another taxpayer to be used or carried forward as a credit against that taxpayer's income tax liability. The office of economic development is required to establish a system to track and verify the issuance, transfer, and ownership of the credits.(Note: This summary applies to this bill as introduced.)
Section 1 of the bill requires a department to annually submit a report of all unfunded programs (report) to staff of legislative council (staff) along with a SMART Act report. An "unfunded program" is defined as any program, service, study, or other function that a department is required or permitted by law to undertake, but for which the department has not received an appropriation or money from any other source for the last 6 fiscal years. Staff will provide the report to the applicable SMART Act joint committee of reference and a compilation of the reports to the statutory revision committee. The department is required to include the report in its SMART Act presentation to the joint committee of reference. Section 2 authorizes the statutory revision committee to recommend legislation to repeal an unfunded program included in the report.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill amends and repeals, in part, the existing grow your own educator program to authorize local education providers, including school districts, charter schools, and boards of cooperative services, to establish local grow your own educator programs that give high school students the opportunity to participate in a teacher preparation pathway in which high school students can receive college credit for course work that leads to an education or related degree or credential at a 2- or 4-year institution of higher education. The department of education, in consultation with the department of higher education, shall create a framework for local grow your own educator programs, including the accumulation of transferable postsecondary credit. As part of the grow your own educator program, the bill creates a grow your own educator scholarship to award $5,000 to students in higher education preparation programs who have completed not less than the final 24 credit hours required for an education or related degree or credential and agree to work as an educator in a Colorado public school upon completion of the degree or credential. In awarding scholarships, the state board shall prioritize students who participated in a local education provider's grow your own educator program while in high school and who complete their final field work in a school of the local education provider. Next, the state board shall prioritize scholarships to students who participated in a local education provider's grow your own educator program while in high school and who commit to teaching in a content shortage area or in a rural area. The bill amends the teacher of record license to apply to students participating in a Colorado-approved program of preparation and who will be employed with a local education provider experiencing a critical teacher shortage, without the need to show that no other licensed applicant has applied. The bill removes references to the grow your own educator program that no longer apply. The bill amends the teacher of record program to remove the requirement that a teacher participating in the program must fill a position for which no other licensed applicant has applied. The bill directs the Colorado commission on higher education, in collaboration with the governing boards and the higher education council, to negotiate statewide degree transfer agreements so that statewide degree transfer agreements are in place no later than 2022 for educator preparation programs, including but not limited to elementary and secondary education; early childhood education; special education; speech and language pathology; occupational therapy; world languages; mathematics; science; and STEM, as defined in statute. Credits accumulated pursuant to a statewide degree transfer agreement apply to the transfer of course work, regardless of whether the course work was successfully completed at a 2-year or 4-year state institution of higher education and regardless of whether the credit is being transferred to a 2-year or 4-year state institution of higher education. (Note: This summary applies to this bill as introduced.)
The bill directs the state auditor to contract with a public or private entity to conduct a performance audit of the statewide public education accountability and accreditation systems. The bill specifies the issues that the performance audit must address. By October 1, 2021, and following release by the legislative audit committee, the final report of the performance audit must be submitted to the commissioner of education, the state board of education, and the education committees of the general assembly. The bill specifies the authority of the state auditor to access records and information held by public schools, school districts, and the state charter school institute. (Note: This summary applies to this bill as introduced.)
The bill creates the hospice and palliative care license plate for vehicles. A person is qualified to be issued the plate if the person makes a donation to a designated nonprofit organization. Portions of the fees for the issuance of the plate or a personalized version of the plate are credited to the highway users tax fund and the licensing services cash fund. (Note: This summary applies to this bill as introduced.)