Bill HB24-1075 - K. McCormick | A. Boesenecker / J. Marchman | S. Jaquez Lewis Analysis of Universal Health-Care Payment System
Wednesday, May 8 2024
SPECIAL ORDERS - SECOND READING OF BILLS
(2) in senate calendar.
Bill HB24-1270 - S. Woodrow | I. Jodeh / C. Hansen Firearm Liability Insurance Requirement
Wednesday, May 8 2024
SPECIAL ORDERS - SECOND READING OF BILLS
(1) in senate calendar.
Bill SB24-065 - C. Hansen | R. Fields / M. Froelich | D. Ortiz Mobile Electronic Devices & Motor Vehicle Driving
Wednesday, May 8 2024
CONFERENCE COMMITTEE ON SB24-065
8:00 AM SCR 352
(1) in senate calendar.
Bill SB24-065 - C. Hansen | R. Fields / M. Froelich | D. Ortiz Mobile Electronic Devices & Motor Vehicle Driving
Wednesday, May 8 2024
352 Conference Committee on SB24-065
8:00 a.m. Room SCR
(1) in house calendar.
Bill SB24-205 - R. Rodriguez / B. Titone | M. Rutinel Consumer Protections for Artificial Intelligence
Wednesday, May 8 2024
THIRD READING OF BILLS - FINAL PASSAGE
(21) in house calendar.
Bill HB24-1060 - NOT ON CALENDAR
Bill HB24-1083 - NOT ON CALENDAR
Bill HB24-1108 - NOT ON CALENDAR
Bill HB24-1140 - NOT ON CALENDAR
Bill HB24-1220 - NOT ON CALENDAR
Bill HB24-1230 - NOT ON CALENDAR
Bill HB24-1321 - NOT ON CALENDAR
Bill HB24-1440 - NOT ON CALENDAR
Bill SB24-073 - NOT ON CALENDAR
Bill SB24-080 - NOT ON CALENDAR
Bill SB24-106 - NOT ON CALENDAR
Bill SB24-112 - NOT ON CALENDAR
Bill SB24-149 - NOT ON CALENDAR
| General News Concerning Your Bills |
The act adopts, in part, the National Association of Insurance Commissioners' travel insurance model act (model act), which provides a legal framework within which travel insurance must be sold in Colorado. The "Travel Insurance Model Act" applies to travel insurance that covers a resident of Colorado; that is sold, solicited, negotiated, or offered in Colorado; and for which the policies and certificates are delivered or issued for delivery in Colorado. With respect to the model act, the act:
Further, the act makes conforming changes to existing law relating to licensing limited lines travel insurance producers and registering travel retailers. Specifically, the act:
The model act codified in this act does not include provisions that are inapplicable to Colorado, including provisions relating to third-party administrators and managing general agents. Further, unlike the model act, the act requires that an insurer offering or selling travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, emergency evacuation, or repatriation of remains hold both property and casualty and accident and health lines of authority.
APPROVED by Governor April 29, 2024
EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)
The bill requires the Colorado school of public health to analyze draft model legislation for implementing a single-payer, nonprofit, publicly financed, and privately delivered universal health-care payment system for Colorado that directly compensates providers. The Colorado school of public health must submit a report detailing its findings to the general assembly by October 1, 2025 December 31, 2025 .
The bill also creates the statewide health-care analysis advisory task force collaborative ("analysis collaborative") consisting of 21 members appointed 20 members invited by the general assembly and the governor executive director of the department of health care policy and financing, four members of the general assembly appointed by the president of the senate, minority leader of the senate, speaker of the house of representatives, and the minority leader of the house of representatives , as well as executive directors of specified state departments, the commissioner of insurance, and the chief executive officer of the Colorado health benefit exchange or any designees of the executive directors, the commissioner, and the chief executive officer. The advisory task force analysis collaborative is created for the purpose of advising the Colorado school of public health during the analysis.
(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.)
The bill requires the division of insurance (division) to conduct or cause to be conducted a study of construction liability insurance for construction professionals in Colorado. The study must identify the following:
The bill requires that, at least 14 days prior to closing the sale of a new residence, the seller of the residence provide the purchaser and the county clerk and recorder's office for the county where the new residence is located with information regarding the insurance coverage for the property subject to the sale, including:
The act requires the commissioner of insurance (commissioner) to conduct a study concerning the market for property and casualty insurance policies issued by insurers to:
To the extent practicable, the study must include consideration of:
The commissioner may contract with a third party to conduct the study. The commissioner and any third party must engage with and seek input from insurers, consumer groups, and other interested parties.
As part of the study, the commissioner may collect specific data from insurers. Information submitted by an insurer is subject to public inspection only to the extent allowed under the "Colorado Open Records Act". The division of insurance and any third-party contractor may not disclose trade secrets or confidential or proprietary information.
The commissioner must prepare a report summarizing the results of the study and, on or before January 1, 2026, submit the report to the joint budget committee, to the business affairs and labor committee of the house of representatives, and to the business, labor, and technology committee of the senate.
For the 2024-25 state fiscal year, the act appropriates $329,863 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance. Of this amount, any amount up to $300,000 not expended prior to July 1, 2025, is further appropriated to the division for the 2025-26 state fiscal year for the same purpose.
APPROVED by Governor May 31, 2024
EFFECTIVE August 7, 2024
(Note: This summary applies to this bill as enacted.)
For the purpose of determining eligibility for workers' compensation benefits for a mental impairment caused by an accidental injury that consists of a psychologically traumatic event arising out of and sustained in the course of employment, the bill establishes that a worker who, while working, experiences complex trauma that causes posttraumatic stress disorder is experiencing a "psychologically traumatic event".
(Note: This summary applies to this bill as introduced.)
The act allows a claimant for workers' compensation benefits to refuse an offer of modified employment if the employment requires the claimant to drive to or from work and the treating physician has restricted the claimant from driving.
The act adds the loss of an ear to the list of other body parts for which an injured worker can receive whole person permanent impairment benefits.
The act increases the current limitations on the amount of money a claimant may claim based on the claimant's impairment rating as follows:
The act requires a workers' compensation insurer to pay benefits to a claimant by direct deposit upon request by the claimant.
APPROVED by Governor June 4, 2024
PORTIONS EFFECTIVE August 7, 2024
PORTIONS EFFECTIVE January 1, 2025
(Note: This summary applies to this bill as enacted.)
Current law declares void any express waivers of or limitations on the legal rights or remedies provided by the "Construction Defect Action Reform Act" or the "Colorado Consumer Protection Act". Sections 1 and 4 make it a violation of the "Colorado Consumer Protection Act" to obtain or attempt to obtain a waiver or limitation that violates the aforementioned current law. Section 4 also requires a court to award to a claimant that prevails in a claim arising from alleged defects in a residential property construction, in addition to actual damages, prejudgment interest on the claim at a rate of 6% from the date the work is finished to the date it is sold to an occupant and 8% thereafter.
Current law requires that a lawsuit against an architect, a contractor, a builder or builder vendor, an engineer, or an inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of an improvement to real property must be brought within 6 years after the claim arises. Section 2 increases the amount of time in which a lawsuit may be brought from 6 to 10 years. Current law also provides that a claim of relief arises when a defect's physical manifestation was discovered or should have been discovered. Section 2 also changes the time when a claim of relief arises to include both the discovery of the physical manifestation and the cause of the defect.
(Note: This summary applies to this bill as introduced.)
The bill requires firearm owners to maintain a liability insurance policy that covers losses or damages to a person, other than the policyholder, who is injured on the insured property as a result of any accidental or unintentional discharge of the firearm (firearm liability insurance). Failure to maintain a firearm liability insurance policy is a civil infraction. A first offense is punishable by a minimum $500 fine, half of which may be suspended if the person has obtained firearm liability insurance. A second offense within 5 years of a prior offense is punishable by a minimum $1,000 fine. It is an affirmative defense to the civil infraction that the person was denied firearm liability insurance by 2 or more insurers or is indigent and cannot afford the insurance; is likely to behave prudently and safely in the storage, carrying, and use of a firearm; and has a gun safe or other secure container to store the firearm.
The bill permits a person who was denied firearm liability insurance by 2 or more insurers or a person who is indigent and cannot afford the insurance to petition a court for an order declaring that the person is excused from the firearm liability insurance requirement. The court shall issue the order if it finds that the person is likely to behave prudently and safely in the storage, carrying, and use of a firearm and that the person has a gun safe or other secure container to store the firearm. The requirement to maintain firearm liability insurance does not apply to a person who holds a valid court order declaring the person is excused from the requirement.
The bill requires an insurer to make available to an applicant the opportunity to include in a homeowners or renters insurance policy coverage that satisfies the firearm liability insurance requirement. An insurer may deny firearm liability coverage to an applicant based on the insurer's individualized assessment of the risk related to covering the applicant. The bill prohibits an insurer from asking for, or requiring an insured to provide the serial number or any other information about the specific firearms that the insured owns as a condition of issuing the liability insurance policy.
(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.)
The act updates Colorado state laws concerning insurance company holding systems to align with the National Association of Insurance Commissioners' model act. The changes include updating:
The act authorizes the commissioner of insurance to adopt rules applicable to certain reinsurance arrangements. The act also makes technical amendments.
APPROVED by Governor May 24, 2024
EFFECTIVE January 1, 2025
(Note: This summary applies to this bill as enacted.)
The act repeals requirements for insurers that issue commercial and personal automobile, homeowners, and renters insurance policies to provide certain policy documents in an insured's selected language of choice and instead requires insurers that issue personal automobile insurance policies in the state (insurers), starting January 1, 2026, to:
If an insurer fails to comply with the requirements of the act, the insured may elect to void any mandatory coverage rejections or exclusions in the automobile insurance policy, may recover reasonable attorney fees and costs incurred for reinstating or rewriting the coverage, and is not required to pay any premium for the policy period applicable for the reinstated or rewritten coverage.
Additionally, the act includes on the consumer insurance council a consumer whose first language is not English and requires the commissioner to work with councils established within the division of insurance to engage with bilingual insurance brokers regarding the insurance market for non-English-speaking consumers.
APPROVED by Governor May 31, 2024
EFFECTIVE May 31, 2024
(Note: This summary applies to this bill as enacted.)
Current law prohibits an individual who is under 18 years of age from using a wireless telephone when driving. Effective January 1, 2025, the act applies the prohibition to an individual who is 18 years of age or older and updates the term "wireless telephone" to " mobile electronic device". The act does not apply to an individual with a commercial driver's license who is operating a commercial vehicle. The following uses of mobile electronic devices are exempted:
It is not a violation of the act to use a mobile electronic device in a motor vehicle that is at rest in a shoulder or lawfully parked.
To cite an individual for a violation of the act, a law enforcement officer must see the individual use a mobile electronic device in a manner that caused the individual to drive in a careless and imprudent manner. The penalties for a violation are:
A violation will be dismissed if the individual produces proof of purchase of a hands-free accessory and affirms, under penalty of perjury, that the defendant has not previously claimed this option to dismiss.
Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The act clarifies that the peace officer must record whether the act has been violated.
The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, is required to create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving.
APPROVED by Governor June 5, 2024
PORTIONS EFFECTIVE August 7, 2024
PORTIONS EFFECTIVE January 1, 2025
(Note: This summary applies to this bill as enacted.)
For the purpose of providing health insurance coverage, current law defines a "small employer" as any individual, firm, corporation, partnership, or association that employs between one and 100 employees during a calendar year. Effective January 1, 2026, the act amends the definition to define a "small employer" as any person that employs an average of at least one but not more than 50 employees during a calendar year.
An employer that has a small group health benefit plan before January 1, 2026, and would no longer qualify as a "small employer" under the changes made by this act may elect to keep their small group health benefit plan for 5 years after the date of issuance. Such employer may also switch between small group health benefit plans offered by the carrier during those 5 years, but may only switch to plans that are one metal level above or below their existing plan. Once an employer elects to enter the large group health benefit market, the employer may not return to the small group health benefit market within the 5-year period.
The act requires the commissioner of insurance to conduct an actuarial review of rate filings submitted by insurance carriers that offer small group health benefit plans to determine whether the change to the definition of "small employer" made by the act would increase premiums for the majority of individuals covered by small group health benefit plans by more than 3%. If the premiums would increase by more than 3%, then the change to the "small employer" definition made by the act is repealed.
APPROVED by Governor May 1, 2024
PORTIONS EFFECTIVE May 1, 2024
PORTIONS EFFECTIVE January 1, 2026
(Note: This summary applies to this bill as enacted.)
The act requires health insurance carriers (carriers) to comply with federal price transparency laws and to make available an internet-based self-service tool that provides real-time responses to a covered person's questions concerning carrier prices that are based on cost-sharing information.
The act also requires carriers to submit information required by federal pharmacy benefit and drug cost reporting laws to the commissioner of insurance and to make certain information regarding price transparency publicly available.
APPROVED by Governor June 5, 2024
EFFECTIVE June 5, 2024
(Note: This summary applies to this bill as enacted.)
In the "Construction Defect Action Reform Act" (act), Colorado law establishes procedures for bringing a lawsuit for a construction defect (claim). Section 2 Section 4 of the bill clarifies that a person that has had a claim brought on the person's behalf is also considered a claimant, and therefore, the act applies to the person for whom the claim is brought.Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:
Currently, a claim may be held in abeyance if the parties have agreed to mediation. Section 3 also adds other forms of alternative dispute resolution for which the claim would be held in abeyance. Alternative dispute resolution is binding. If a settlement offer of a payment is made and accepted in a claim, the payment constitutes a settlement of the claim and the cause of action is deemed to have been released, and an offer of settlement is not admissible in any subsequent action or legal proceeding unless the proceeding is to enforce the settlement.
To bring a claim or related action, section 4 section 2 requires a unit owners' association (association) to obtain the written consent of at least two-thirds 60% of the actual owners of the units in the common interest community. The consent must contain the currently required notices must be signed by each consenting owner, and must have certain attestations.
Under the act, a claimant is barred from seeking damages for failing to comply with building codes or industry standards unless the failure results in:
Section 5 requires the actual property damage to be the result of a building code violation and requires the risk of injury or death or the threat to life, health, or safety to be imminent and unreasonable. Section 3 changes the standard concerning the risk of bodily injury or death to a verifiable danger to the occupants and adds another option to bring a claim if the defect results in a failure or lack of capacity of a building component to perform the intended purpose of the building component.Under current law, an association may institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or 2 or more unit owners on matters affecting a common interest community. For a construction defect matter to affect a common interest community, section 7 requires that the matter concern real estate that is owned by the association or by all members of the association.Section 7 also establishes that, when an association makes a claim or takes legal action on behalf of unit owners when the matter does not concern real estate owned by the association:
(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.)
The bill states that a construction professional is not vicariously liable for the acts or omissions of a licensed design professional for any construction defects.
Under current law regarding common interest communities, a unit owners' association (association) must follow a process to obtain the approval of a majority of the unit owners before initiating a construction defect action (action). The approval process:
In connection with this process, section 2 :
The act prohibits the state, when communicating with or reaching an agreement with a state employee about a workers' compensation claim, from suggesting or requiring that:
The act voids any provision of a contract that restricts a state employee's ability to work for the state in violation of these prohibitions.
If the state elects to self-insure workers' compensation claims, the act requires the department of personnel to send a request for interest to Pinnacol Assurance and at least 5 other insurance companies that provide workers' compensation insurance in Colorado. The requests for interest must be sent in 2026 and at least once every 3 years thereafter. Each request for interest must request the following information from each responding insurance company for the following calendar year:
For each request for interest obtained, the department of personnel shall prepare and submit a report to the general assembly specifying:
The act requires that the first report to the general assembly must specify, over the previous 3 years, to which insurance companies the state sent requests for interest, the total number of insurance companies that responded to the requests, and the estimated cost reported in each received response, if any.
APPROVED by Governor June 7, 2024
EFFECTIVE June 7, 2024
(Note: This summary applies to this bill as enacted.)
On and after February 1, 2026, the act requires a developer of a high-risk artificial intelligence system (high-risk system) to use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination in the high-risk system. There is a rebuttable presumption that a developer used reasonable care if the developer complied with specified provisions in the act, including:
The act also, on and after February 1, 2026, requires a deployer of a high-risk system to use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination in the high-risk system. There is a rebuttable presumption that a deployer used reasonable care if the deployer complied with specified provisions in the act, including:
A person doing business in this state, including a deployer or other developer, that deploys or makes available an artificial intelligence system that is intended to interact with consumers must ensure disclosure to each consumer who interacts with the artificial intelligence system that the consumer is interacting with an artificial intelligence system.
The act does not restrict a developer's, deployer's, or other person's ability to engage in specified activities, including:
The act provides an affirmative defense for a developer, deployer, or other person if:
An insurer, a fraternal benefit society, or a developer of an artificial intelligence system used by an insurer is in full compliance with the act if the entity is subject to specified laws governing insurers' use of external consumer data and information sources, algorithms, and predictive models and rules adopted by the commissioner of insurance.
A bank, out-of-state bank, credit union chartered by the state of Colorado, federal credit union, out-of-state credit union, or any affiliate or subsidiary thereof, is in full compliance with the act if the entity is subject to examination by a state or federal prudential regulator under any published guidance or regulations that apply to the use of high-risk systems and the guidance or regulations meet criteria specified in the act.
The act grants the attorney general rule-making authority to implement, and exclusive authority to enforce, the requirements of the act. A person who violates the act engages in a deceptive trade practice pursuant to the "Colorado Consumer Protection Act".
APPROVED by Governor May 17, 2024
EFFECTIVE May 17, 2024
(Note: This summary applies to this bill as enacted.)