The act permits and specifies the conditions for employees of supervised lenders to work from remote locations. Additionally, the act repeals the requirement that an applicant for registration as a debt-management services provider include with the application the results of a state and national criminal history record check for any agent of the applicant. (Note: This summary applies to this bill as enacted.)
Under current law, the executive committee of the legislative council committee of the general assembly is permitted to establish policies allowing legislative committees to take remote testimony from one or more centralized remote sites around the state. The act repeals that provision and allows the executive committee of the legislative council to establish policies allowing legislative committees to take testimony from government officials and employees and the public. The act reduces general assembly general fund appropriation in the legislative appropriation act by $10,000 and appropriates $401,709 from the general fund to legislative council to implement the act. (Note: This summary applies to this bill as enacted.)
Current law provides that, for bills introduced pursuant to the sunset review process: The speaker of the house of representatives shall assign the proposed bill to a representative for sponsorship in the house of representatives in odd-numbered years; and The president of the senate shall assign the proposed bill to a senator for sponsorship in the senate in even-numbered years. The act requires that before assigning bill sponsors, the speaker of the house of representatives and the president of the senate must consult with their respective minority leaders and receive permission from the sponsor to be named to the sunset bill. (Note: This summary applies to this bill as enacted.)
The act expands the definition of "earmark" for purposes of the "Fair Campaign Practices Act" to include contributions or expenditures greater than $1,000 to support or oppose a specified ballot issue or ballot question. The act also modifies the process to determine whether an organization is an issue committee to include an examination of the organization's pattern of conduct based upon whether the organization: During the combined period of the current calendar year and the preceding 2 calendar years, made either contributions to one or more statewide Colorado issue committees or direct ballot issue or ballot question expenditures, in either support of or opposition to one or more statewide Colorado ballot issues or ballot questions, that exceeded 30% of the total expenditures by the organization for any purpose and in any location during the entire preceding and current calendar years; During the combined period of the current calendar year and the preceding 2 calendar years, made either contributions to a single statewide Colorado issue committee or direct ballot issue or ballot question expenditures, in either support of or opposition to a single statewide Colorado ballot issue or ballot question, that exceeded 20% of the total expenditures by the organization for any purpose and in any location; or Acted as an issue committee's funding intermediary by making contributions to an issue committee from funds earmarked for the issue committee. Further, the act defines "direct ballot issue or ballot question expenditure" as direct spending in support of or opposition to any single ballot issue or ballot question by a person who does not otherwise meet the requirements of an issue committee. Contributions to an issue committee are not direct ballot issue or ballot question expenditures. Any person who expends $5,000 in aggregate in a calendar year on direct ballot issue or ballot question expenditures must report to the secretary of state, and any person who makes a direct ballot issue or ballot question expenditure must disclose their name in certain communications about a ballot issue or ballot question. For the 2021-22 state fiscal year, $30,000 is appropriated from the department of state cash fund to the department of state technology division for information technology personal services to implement the act. For the 2022-23 state fiscal year, $14,309 is appropriated from the department of state cash fund to the department of state election division for personal services, based on an assumption that the division will require an additional 0.3 FTE to implement the act. (Note: This summary applies to this bill as enacted.)
The act authorizes the department of public health and environment to prohibit the chemical modification, conversion, or synthetic derivation of intoxicating tetrahydrocannabinol isomers that originate from industrial hemp or may be synthetically derived. The act also creates a task force to study intoxicating hemp products and make legislative and rule recommendations. The task force will submit a report to the general assembly by January 1, 2023. The task force consists of 20 members including representatives of state government, experts in marijuana and industrial hemp regulation, persons licensed in the marijuana and medical marijuana fields, persons working with industrial hemp, testing laboratories, and a representative of a county or district public health agency. For the 2022-23 state fiscal year, the act appropriates $587,347 from the marijuana tax cash fund to the department of law, $4,630 of which is reappropriated to the department of personnel. (Note: This summary applies to this bill as enacted.)
The act authorizes a district attorney or a deputy or assistant district attorney (district attorney), in investigating a complaint alleging a violation of consumer protection laws, to request records from a state or local licensing authority (licensing authority) regarding a person that the licensing authority regulates (regulated person) and that is the subject of the complaint if the complaint alleges: The complainant suffered damages in an amount of at least $20,000 and the district attorney determines the amount alleged appears to be reasonable in relation to the alleged conduct forming the basis of the complaint; or 2 or more regulated persons jointly engaged in conduct that forms the basis of the complaint. The act only applies to those state licensing authorities that authorize a licensee to perform activities at specific premises. A district attorney's authority to request records from a licensing authority does not apply with respect to a complaint alleged against a person regulated by a board or commission. The licensing authority shall share with, and allow inspection of its records by, the district attorney upon receipt of such request if the licensing authority has already determined not to take action against the regulated person or persons. Additionally, the act authorizes a state licensing authority, subject to approval by the head of the executive department in which the state licensing authority is located, to enter into an interagency agreement with the attorney general or the attorney general's designee for the referral of complaints alleging violations of consumer protection laws. A regulated person is entitled to costs and reasonable attorney fees incurred and actual damages sustained in relation to the district attorney's or attorney general's investigation and in relation to a licensing authority's investigation in a related matter if a court determines that the complaint that led to the district attorney's or attorney' general's investigation is frivolous, groundless, and was filed in bad faith or if the regulated person prevails or substantially prevails in the matter. (Note: This summary applies to this bill as enacted.)
Current law authorizes a regulator of a profession or occupation to approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer through the occupational credential portability program (program). The act amends the program by: Adding licensure, certification, registration, or enrollment in good standing through the federal government to the types of occupational credentials that qualify a person for a credential through the program; Adding a military occupational specialty to the types of occupational credentials that qualify a person for a credential through the program; If submitting proof of a credential from another jurisdiction as the basis for application under the program, requiring the applicant to have held the license, certification, registration, or enrollment, for at least one year, under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation required by Colorado law; Removing the prohibition on approving licensure, certification, registration, or enrollment if such approval would violate an existing compact or reciprocity agreement; Adding a requirement that an applicant for licensure, certification, registration, or enrollment have substantially equivalent education as required by Colorado law; and Exempting engineers, surveyors, and architects from the program.(Note: This summary applies to this bill as enacted.)
Under current law, a licensed medical or retail marijuana business may receive a responsible vendor designation (designation) if all of its employees successfully complete an approved course. If the business is subject to a licensing action, the designation can be considered a mitigating factor in the licensing action. The act allows an individual to receive a designation and provides the same licensing mitigation protection to that individual in a licensing action. The act clarifies how a business receives and maintains a designation and allows a person with a designation to take that designation with them to a new employer. (Note: This summary applies to this bill as enacted.)
Current law states that, with certain exceptions, a unit owners' association (association) of a common interest community (community) may regulate the use of common elements of the community (common elements). The act states that, in regulating the use of common elements, an association shall preserve and protect unit owners' ability to use and enjoy common elements and shall not unreasonably restrict or prohibit unit owners' access to, or enjoyment of, any common element. During maintenance, repair, replacement, or modification of a common element, an association may restrict or prohibit unit owners' access to, and enjoyment of, a common element only to the extent and for the length of time necessary to: Protect the safety of any individuals, including unit owners and individuals performing the maintenance, repair, replacement, or modification of the common element; or Preserve the structural integrity or condition of a repair, replacement, or modification. If an association must restrict or prohibit unit owners' access to one or more common elements for more than 72 hours, the association shall provide an electronic or written notice to each unit owner and post a visible, clearly legible notice at each physical access point to the common element, which notice includes: A simple explanation of the reason for the restriction or prohibition; An indication of the estimated time or date upon which the restriction or prohibition will no longer exist; and A telephone number or e-mail address whereby a unit owner may pose questions or concerns about the restriction or prohibition for the consideration of the association.(Note: This summary applies to this bill as enacted.)
