| HB20-1022 | Sales And Use Tax Simplification Task Force |
| Sponsors: | T. Kraft-Tharp | K. Van Winkle (R) / A. Williams | J. Tate |
| Short Title: | Sales And Use Tax Simplification Task Force |
| Summary: | Sales and Use Tax Simplification Task Force. The bill continues the sales and use tax simplification task force for 5 years, modifies the task force's duties, and removes the requirement that the task force undergo an evaluation by the department of regulatory agencies prior to the task force's repeal. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
| News: |
| HB20-1116 | Procurement Technical Assistance Program Extension |
| Sponsors: | D. Esgar | T. Sullivan (D) / N. Todd | B. Gardner (R) |
| Short Title: | Procurement Technical Assistance Program Extension |
| Summary: | The office of economic development (office) currently contracts with a nonprofit entity that was designated by the federal defense logistics agency to provide procurement technical assistance statewide (nonprofit entity). The nonprofit entity helps small businesses in the state obtain and perform government contracts at the local, state, and federal level. This includes small businesses owned by women, minorities, and veterans. The current 6-year contract between the office and the nonprofit entity will expire in September 2020. The bill authorizes the office to renew the contract for up to 5 years. As part of the state's investment in the procurement technical assistance program (state's investment), current law specifies that the general assembly shall not contribute more than $200,000 from the general fund or any other source. The bill allows the general assembly to increase its contribution to the state's investment in any contract year so long as the nonprofit entity contributes a 100% match to the increased amount in the same contract year by soliciting gifts, grants, and donations. In addition, the nonprofit entity is required to obtain $200,000 in gifts, grants, or donations annually for part of the state's investment. In the 3rd through 6th contract year of the original contract, current law requires that at least 25% of the $200,000 be in the form of cash. The bill extends this requirement for each year of the renewed contract. Current law also requires the state treasurer to annually transfer $220,000 from the general fund to the procurement technical assistance cash fund through the 2019-20 fiscal year. The bill extends the annual transfer through the 2024-25 fiscal year. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1137 | Broadband Grant Certification Of Unserved Area Requirement |
| Sponsors: | J. McCluskie (D) | M. Soper (R) / K. Donovan |
| Short Title: | Broadband Grant Certification Of Unserved Area Requirement |
| Summary: | The broadband deployment board (board) awards grants for the provision of broadband service in unserved areas of the state, which are areas deemed to have insufficient broadband service. The bill requires that an applicant for grant money from the board submit to the board a written certification from the local entity with jurisdiction over the area that the applicant proposes to serve certifying that the area is an unserved area. The board is required, both when initially considering the application and on appeal, to give substantial weight to a local entity's written certification that an area is an unserved area and, after reviewing all of the evidence regarding an application, may reject the conclusion of the written certification only upon the vote of at least 10 of the 15 voting members of the board. |
| Status: | 7/7/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1161 | Private Activity Bond Allocation |
| Sponsors: | S. Bird (D) / F. Winter (D) | J. Tate |
| Short Title: | Private Activity Bond Allocation |
| Summary: | Federal law limits the amount of tax-exempt private activity bonds that may issued within each state and allows each state to provide by law a formula for allocating the limited amount of bonding authority among eligible bond issuers. Sections 1 and 2 of the bill eliminate the bond allocation committee that currently reviews and makes recommendations to the executive director of the department of local affairs (DOLA) regarding statewide priorities for the allocation of the limited amount of bonding authority and requires the state housing board to conduct the review and make the recommendations. Section 3 eliminates a cap on the amount of the direct allocation fee paid to DOLA by bond issuers that use the direct allocation of bonding authority to issue private activity bonds or that make a mortgage credit certificate election and eliminates the executive director's authority to promulgate rules to implement the statutes that govern private activity bond allocation. |
| Status: | 3/20/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1177 | Enterprise Zone Statute Fixes Of Defects |
| Sponsors: | J. Arndt / J. Tate |
| Short Title: | Enterprise Zone Statute Fixes Of Defects |
| Summary: | Statutory Revision Committee. Section 1 of the bill repeals obsolete provisions that allow an income tax credit for contributions to enterprise zone administrators to implement economic development plans. Section 2 moves certain cross references that are incorrectly placed in the section that allows for an investment tax credit in enterprise zones. Section 3 fixes an incorrect cross reference in the section that allows a credit for new enterprise zone business employees. |
| Status: | 6/23/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: | Under New Management: Colorado’s New House Speaker Faces Challenges As Legislature Reconvenes |
| HB20-1181 | Nonprofit Transit Authority Agency Fuel Tax |
| Sponsors: | J. Arndt | H. McKean / D. Moreno (D) | R. Woodward |
| Short Title: | Nonprofit Transit Authority Agency Fuel Tax |
| Summary: | Statutory Revision Committee. Under current law, the fuel tax exemption for nonprofit transit agencies exempts nonprofit transit agencies from the fuel excise tax on liquefied petroleum gas and natural gas used in vehicles for transit purposes. The bill repeals the tax expenditure. |
| Status: | 3/27/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1326 | Create Occupational Credential Portability Program |
| Sponsors: | S. Bird (D) | K. Van Winkle (R) / P. Lee | B. Gardner (R) |
| Short Title: | Create Occupational Credential Portability Program |
| Summary: | The bill: Creates the occupational credential portability program that would apply to most professions and occupations regulated by the division of professions and occupations within the department of regulatory agencies; Requires the director of the division and most regulatory boards and commissions within the division (regulators) to strive to reduce certification, registration, and licensure barriers for applicants; and Gives regulators rule-making authority to establish an occupational credential portability program in the least burdensome way necessary to protect the public. |
| Status: | 6/25/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1360 | 2020-21 Long Bill |
| Sponsors: | D. Esgar / D. Moreno (D) |
| Short Title: | 2020-21 Long Bill |
| Summary: | Provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2020, except as otherwise noted. |
| Status: | 6/25/2020 Sent to the Governor |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: |
| HB20-1361 | Reduce The Adult Dental Benefit |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Reduce The Adult Dental Benefit |
| Summary: | Joint Budget Committee. Beginning when the higher federal match afforded through the federal "Families First Coronavirus Response Act" expires, the bill reduces the adult dental benefit so that it does not exceed $1,000 per year for a participant. From the savings from the reduction of the adult dental benefit in the medical assistance program, the bill transfers $1,139,402 from the unclaimed property trust fund to the general fund in the 2020-21 fiscal year and $2,278,804 in the 2021-22 fiscal year. Furthermore, the bill requires $331,462 to be appropriated from the healthcare affordability and sustainability fee cash fund to offset general fund expenditures for the state medical assistance program. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1362 | Limit Increase to Medicaid Nursing Facility Rates |
| Sponsors: | J. McCluskie (D) | K. Ransom / R. Zenzinger (D) |
| Short Title: | Limit Increase to Medicaid Nursing Facility Rates |
| Summary: | Joint Budget Committee. The bill limits to 2% the annual increase in the general fund share of per diem rates to nursing facilities for the 2020-21 and 2021-22 state fiscal years. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1363 | Repeal Report On Increase Rate For Direct Support |
| Sponsors: | J. McCluskie (D) | K. Ransom / D. Moreno (D) | B. Rankin |
| Short Title: | Repeal Report On Increase Rate For Direct Support |
| Summary: | Joint Budget Committee. Under current law, following the 2019-20 and 2020-21 fiscal years, service agencies serving persons with intellectual and developmental disabilities are required to report to the department of health care policy and financing how they used a funding increase intended to increase compensation for direct support professionals. The bill repeals this reporting requirement. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1364 | Repeal Opioid Awareness Program And Appropriation |
| Sponsors: | D. Esgar | K. Ransom / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Repeal Opioid Awareness Program And Appropriation |
| Summary: | Joint Budget Committee. Current law requires appropriations of $750,000 for state fiscal years 2019-20 through 2023-24 from the marijuana tax cash fund to the center for research into substance use disorder prevention, treatment, and recovery support strategies to implement a program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose. The bill repeals the requirement for state fiscal years 2020-21 through 2023-24 and repeals the program, effective September 1, 2020. The bill also repeals the scheduled sunset review of the program prior to its repeal |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1366 | Higher Education Funding Allocation Model |
| Sponsors: | D. Esgar | J. McCluskie (D) / R. Zenzinger (D) | B. Rankin |
| Short Title: | Higher Education Funding Allocation Model |
| Summary: | Joint Budget Committee. The bill makes revisions to the higher education funding provisions set forth in part 3 of article 18 of title 23, Colorado Revised Statutes, creating a new higher education funding allocation model (new funding model). Under current law, state funding for state institutions of higher education (institutions) is provided through appropriations for fee-for-service contracts and student stipends through the college opportunity fund program. In addition, state funding to support specialty education programs, such as the health sciences center at the university of Colorado and the veterinary medicine program at Colorado state university, and area technical colleges and local district colleges, is provided through specialty education fee-for-service contracts and grants. The bill creates a new funding model beginning with the 2021-22 state fiscal year that includes new provisions for calculating fee-for-service contracts for institutions and makes related changes to the calculation of state funding to support specialty education programs, area technical colleges, and local district colleges. Under the new funding model, fee-for-service contracts for institutions are based on 3 components: Ongoing additional funding, performance funding, and temporary additional funding. The Colorado commission on higher education (commission), in conjunction with the department of higher education (department) and in collaboration with the institutions, shall calculate and make funding recommendations to the joint budget committee for these components as part of the annual budget request process. Ongoing additional funding is base building and may be awarded to an institution to make progress toward the commission's master plan goals, which may include addressing base funding disparities or funding priorities not addressed through performance funding metrics. An institution may also receive ongoing additional funding through a formula set forth in the bill to recognize an institution's additional costs associated with educating and providing services to first-generation undergraduate students. Performance funding is calculated based on an institution's change over time in performance on each performance funding metric compared to other institutions' change in performance and adjusted based on each institution's share of funding in the previous state fiscal year. The performance funding metrics include: Resident student full-time equivalent enrollment; Credential completion; Resident Pell-eligible student population share; Resident underrepresented minority student population share; Retention rate; One-hundred-percent-of-time graduation rate; One-hundred-fifty-percent-of-time graduation rate; and Resident first-generation undergraduate student population share. The joint budget committee determines the amount of funding allocated to each performance funding metric for a fiscal year after considering recommendations from the commission and department that are developed in collaboration with the institutions. Finally, temporary additional funding, which is not base building, may be awarded to an institution for a specified period of time to address commission master plan goals or other areas the commission identifies. Under current law and the new model, minimum funding for specialty education programs, local district colleges, and area technical colleges provided pursuant to section 23-18-304, Colorado Revised Statutes, is based on their previous year's funding, increased or decreased by the average percentage change in state funding for all institutions (percentage change). However, the bill modifies how the percentage change is calculated so that it does not include amounts awarded to institutions for ongoing additional funding or temporary additional funding in the applicable state fiscal year. The bill requires the annual budget request that the commission and the department submit relating to the new funding model to include detailed information and funding recommendations. The bill also requires the commission, in conjunction with the department and in collaboration with the institutions, to identify and make recommendations to the joint budget committee by July 1, 2022, concerning ways to better measure success for students who are not first-time, full-time students. This may include a recommendation for a statutory change to the calculation of one of the graduation rate performance funding metrics. The bill repeals fiscal limits, reporting requirements, and budget provisions that do not apply to the new funding model. The bill makes conforming amendments in statute to reflect the creation of a new higher education funding model. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1367 | Reallocate State Sales And Use Tax To General Fund |
| Sponsors: | K. Ransom / D. Moreno (D) |
| Short Title: | Reallocate State Sales And Use Tax To General Fund |
| Summary: | Joint Budget Committee. For the state fiscal year 2020-21, the bill reduces the amount of state sales and use tax revenue that is credited to the older Coloradans cash fund from $10 million to $8 million, with the difference credited to the general fund. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1368 | Delay Implementation Of House Bill 19-1229 |
| Sponsors: | J. McCluskie (D) | K. Ransom / R. Zenzinger (D) | B. Rankin |
| Short Title: | Delay Implementation Of House Bill 19-1229 |
| Summary: | Joint Budget Committee. House Bill 19-1229 enacted the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act" (act). The act is scheduled to go into effect on January 1, 2021. The bill delays the effective date of the act until January 1, 2023. |
| Status: | 7/13/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1369 | Reduce Prosecution Training Appropriation |
| Sponsors: | J. McCluskie (D) | K. Ransom / R. Zenzinger (D) | B. Rankin |
| Short Title: | Reduce Prosecution Training Appropriation |
| Summary: | Joint Budget Committee. The general assembly is required to annually appropriate $350,000 to the department of law for allocation to the Colorado district attorneys' council for prosecution training. The bill reduces the annual amount to $200,000 for fiscal year 2020-21. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1370 | Transfers From Unclaimed Property Trust Fund Hous |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | B. Rankin |
| Short Title: | Transfers From Unclaimed Property Trust Fund Hous |
| Summary: | Joint Budget Committee. Under current law, commencing with the 2020-21 state fiscal year and for 3 total state fiscal years, assuming certain conditions are satisfied, the state is required to transfer $30 million from the unclaimed property trust fund to the housing development grant fund to support the provision of affordable housing statewide. The bill delays the starting date for the first transfer by 2 state fiscal years. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1371 | Delay Substance Use And Mental Health Services Grant Program |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Delay Substance Use And Mental Health Services Grant Program |
| Summary: | Joint Budget Committee. Existing law requires the department of local affairs (department) to award grants to counties pursuant to the community substance use and mental health services grant program (grant program) and requires the general assembly, beginning in fiscal year 2020-21, to appropriate money for the grant program from the estimated savings from House Bill 19-1263, enacted in 2019. The bill makes the department's requirement to issue grants subject to available appropriations, removes the requirement to appropriate money for the grant program, and states the general assembly's intent to fund the grant program with money generated from the estimated savings from House Bill 19-1263. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1375 | Repeal Law Enforcement Grant Appropriation Roll-forward |
| Sponsors: | K. Ransom / R. Zenzinger (D) | B. Rankin |
| Short Title: | Repeal Law Enforcement Grant Appropriation Roll-forward |
| Summary: | Joint Budget Committee. Under current law, any money appropriated to the division of criminal justice in the department of public safety for the law enforcement assistance grant program that is unexpended and unencumbered remains available for expenditure by the division in the next fiscal year without further appropriation. The bill repeals this authority. |
| Status: | 6/24/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1376 | Modify Transportation Funding Mechanisms |
| Sponsors: | D. Esgar | J. McCluskie (D) / R. Zenzinger (D) | B. Rankin |
| Short Title: | Modify Transportation Funding Mechanisms |
| Summary: | Joint Budget Committee. Current law, enacted by Senate Bills 18-001 and 19-263, requires that a ballot issue seeking approval for the issuance of transportation revenue anticipation notes (TRANs) be submitted to the voters of the state at the November 2020 general election. If the ballot issue is approved, the requirement, enacted by Senate Bill 17-267, that the state execute 2 separate tranches of up to $500 million each of lease-purchase agreements in state fiscal years 2020-21 and 2021-22 for the purpose of funding transportation, will be repealed. Current law, enacted by Senate Bill 19-239, also requires department of transportation (CDOT) rule-making and reporting relating to motor vehicles used for certain types of commercial purposes. The bill: * Delays from the November 2020 general election to the November 2021 statewide election the requirement that a ballot issue seeking approval for the issuance of transportation revenue anticipation notes (TRANs) be submitted to the voters of the state; * Amends the ballot issue to reduce the amount of TRANs authorized to be issued by $500 million to offset the additional $500 million of lease-purchase agreement transportation funding that becomes available because the approval of the ballot issue at the November 2020 general election will repeal only the state fiscal year 2021-22 and tranche of Senate Bill 17-267 lease-purchase agreements, rather than both the state fiscal year 2020-21 and 2021-22 tranches of such lease-purchase agreements; * Eliminates 2 statutory transfers of $50 million each from the general fund to the state highway fund that are scheduled under current law to be made on June 30, 2021, and June 30, 2022; * Reduces the amount of general fund money dedicated to make lease-purchase agreement payments due in state fiscal years 2020-21 and 2021-22 by $12 million per year by increasing the amount of such payment to be paid by the department of transportation from its other sources of legally available money by $12 million per year; and * Repeals the CDOT rule-making and reporting requirements relating to motor vehicles used for certain types of commercial purposes. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1377 | Fund Controlled Maintenance Projects |
| Sponsors: | D. Esgar | J. McCluskie (D) / R. Zenzinger (D) | B. Rankin |
| Short Title: | Fund Controlled Maintenance Projects |
| Summary: | Joint Budget Committee. Under current law, enacted by Senate Bill 17-267, the state will execute the second of 4 tranches of lease-purchase agreements of up to $500 million in principal value each before the end of state fiscal year 2019-20 for the sole purpose of funding transportation projects. Due to a favorable interest rate environment, the state is expected to actually receive more than $500 million of proceeds from the execution of this second tranche of lease-purchase agreements. The bill requires the lesser of all of proceeds received in excess of $500 million or $49 million of such proceeds to be credited to the capital construction fund and appropriated for controlled maintenance projects instead of transportation projects. |
| Status: | 7/10/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1378 | Capital-related Transfers Of Money |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Capital-related Transfers Of Money |
| Summary: | Joint Budget Committee. For the 2019-20 state fiscal year, the bill transfers: * $1,397,624 from the general fund to the capital construction fund; and * $21,134,709 from the information technology capital account of the capital construction fund to the general fund. For the 2020-21 state fiscal year, the bill transfers: * $500,000 from the general fund exempt account of the general fund to the capital construction fund; * $2,043,768 from the general fund to the capital construction fund; and * $445,000 from the general fund to the information technology capital account of the capital construction fund. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1380 | Move Tobacco Litigation Settlement Moneys General Fund |
| Sponsors: | J. McCluskie (D) | K. Ransom / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Move Tobacco Litigation Settlement Moneys General Fund |
| Summary: | Joint Budget Committee. The bill redirects a portion of tobacco litigation settlement moneys (settlement moneys) to the general fund for state fiscal year (FY) 2020-21 by: * Transferring $20 million of settlement moneys received during FY 2019-20 to the general fund and offsetting the $20 million reduction in the amount of such settlement moneys available for allocation in FY 2020-21 to the programs that receive settlement moneys by allocating to the programs in FY 2020-21 $20 million of settlement moneys to be received by the state in FY 2020-21 that would otherwise be allocated in FY 2021-22; * Removing $2,000,130 of settlement moneys received in excess of projections during FY 2019-20 from the base amount used to calculate the statutory allocations of settlement moneys to various programs; * Reducing the statutory allocations of settlement moneys: * For the tobacco settlement defense account of the tobacco litigation settlement cash fund (litigation account) from 2.5% to 0.75% of the settlement moneys; and * For the state dental loan repayment program by $160,717; * Requiring all settlement moneys received during FY 2019-20 that are not allocated for state fiscal year 2020-21 under the modified statutory allocation formula to be transferred to the general fund on July 1, 2020; * Requiring additional July 1, 2020, transfers to the general fund of settlement moneys previously credited to cash funds that receive statutory allocations of settlement moneys as follows: * $8 million from the tobacco settlement defense account; * $4,237,375 from the nurse home visitor program fund; and * $3 million from the Colorado state veterans trust fund. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1384 | Wraparound Services For Eligible at-Risk Children |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) |
| Short Title: | Wraparound Services For Eligible at-Risk Children |
| Summary: | Joint Budget Committee. The bill removes the requirement that the department of health care policy and financing and the department of human services implement high-fidelity wraparound services for children and youth at risk of out-of-home placement or in an out-of-home placement unless money is appropriated for the implementation of the services. The bill removes the requirement that the department of public health and environment provide statewide training for primary care providers on the standardized screening tools unless money is appropriated for the training. The bill reduces appropriations to the department of health care policy and financing and the department of human services. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1385 | Use Of Increased Medicaid Match |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Use Of Increased Medicaid Match |
| Summary: | Joint Budget Committee. For fiscal years 2019-20 and 2020-21, the bill specifies that: * If a provider or a school district submits a certification of public expenditure pursuant to federal law, the provider, or school district shall receive federal matching funds in the amount of 50% of the amount certified, and any federal financial participation in excess of 50% of the amount certified must be transferred to the general fund for the medical assistance program; * The amount of increased federal financial participation in excess of 50% generated from appropriations out of the healthcare affordability and sustainability fee cash fund must be used to offset other general fund appropriations for the medical assistance program; * The amount of increased federal financial participation in excess of 50% for reimbursements and payments must be transferred from the medicaid nursing facility cash fund to the general fund for the medical assistance program expenditures; and * The appropriation to the university of Colorado for fee-for-service contracts for health services is reduced by the amount of federal financial participation that exceeds 50%. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1386 | Use Fees For Medical Assistance Program General Fund Offset |
| Sponsors: | J. McCluskie (D) / D. Moreno (D) |
| Short Title: | Use Fees For Medical Assistance Program General Fund Offset |
| Summary: | Joint Budget Committee. For the 2020-21 state fiscal year (FY 2020-21), the bill: * Authorizes the use of healthcare affordability and sustainability fee revenue for state medical assistance program expenditures; * Requires $161 million to be appropriated from the healthcare affordability and sustainability fee cash fund to offset general fund expenditures for the state medical assistance program; * Reduces the FY 2020-21 general fund appropriation to the department of health care policy and financing (HCPF) for medical services premiums by $161 million; and * Appropriates $161 million from the healthcare affordability and sustainability fee cash fund to HCPF for medical services premiums. The bill also clarifies that if the amount of healthcare affordability and sustainability fee revenue collected exceeds a federal limit, hospitals that received such excess federal matching money are responsible for repaying the excess federal money and any associated federal penalties to the federal government. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1387 | Transfers From Unexpended County Reimbursements |
| Sponsors: | D. Esgar / D. Moreno (D) |
| Short Title: | Transfers From Unexpended County Reimbursements |
| Summary: | Joint Budget Committee. The bill repeals the current provision that directs the state treasurer to transfer the unexpended money from the appropriation to pay counties for the amount of money lost due to exemptions from property taxes to the senior services account (account) of the older Coloradans cash fund (fund) and to the veterans assistance grant program cash fund. The bill directs the state treasurer to transfer any money remaining in the account to the fund and repeals the account. The bill directs the state treasurer to deduct $13 million from the fund and transfer it to the general fund. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1388 | Statutory Provisions Divert General Fund Reversions |
| Sponsors: | K. Ransom / R. Zenzinger (D) |
| Short Title: | Statutory Provisions Divert General Fund Reversions |
| Summary: | Joint Budget Committee. The bill repeals several statutory provisions that allow for unexpended money in programs operated by the department of human services (department) to remain in the program fund rather than reverting to the general fund. The bill repeals other statutory provisions that require the general assembly to appropriate money to a department program. The affected programs and funds include the: * Aid to the needy disabled program; * Child support collection fund; * Child care services and substance use disorder treatment pilot program; and * High-risk families cash fund. |
| Status: | 6/24/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1389 | Suspend Transfers Child Welfare Services Cash Fund |
| Sponsors: | J. McCluskie (D) | K. Ransom / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Suspend Transfers Child Welfare Services Cash Fund |
| Summary: | Joint Budget Committee. The bill suspends for 3 years transfers to the child welfare prevention and intervention services cash fund of unspent general fund appropriations to the child welfare services line item. |
| Status: | 6/24/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1390 | Discontinue Division of Youth Services Trauma Pilot Program |
| Sponsors: | D. Esgar | K. Ransom / D. Moreno (D) | B. Rankin |
| Short Title: | Discontinue Division of Youth Services Trauma Pilot Program |
| Summary: | Joint Budget Committee. The bill repeals the pilot programs in the division of youth services that were created to aid in the establishment of a division-wide therapeutic and rehabilitative culture, including the use of trauma-responsive principles and practices. |
| Status: | 6/26/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1391 | Behavioral Health Programs Appropriations |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Behavioral Health Programs Appropriations |
| Summary: | Joint Budget Committee. The bill removes the requirement that the state department of human services (department) implement a behavioral health capacity tracking system and make available to the public appropriate information from the capacity tracking system, unless money is appropriated for the system. The bill removes the requirement that the department implement a care navigation program to assist engaged clients in obtaining access to treatment for substance use disorders, unless money is appropriated for the program. The bill requires the department to report to the general assembly if the care navigation program is implemented. The bill reduces appropriations. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1394 | Public Employees' Retirement Association Judicial Division Contribution Rate Modification |
| Sponsors: | J. McCluskie (D) | K. Ransom / D. Moreno (D) | B. Rankin |
| Short Title: | Public Employees' Retirement Association Judicial Division Contribution Rate Modification |
| Summary: | Joint Budget Committee. The employer and member contribution rates for the public employees' retirement association (PERA) are specified in statute. For the 2020-21 and 2021-22 state fiscal years only, the bill decreases the employer contribution rate for employers in the judicial division of PERA by 5% and increases the member contribution rate for employees in the judicial division of PERA by 5%. The contribution rates will be changed as follows: * For the 2020-21 state fiscal year, the employer contribution rate is decreased from 13.91% to 8.91% of salary and the member contribution rate is increased from 9.5% to 14.5% of salary. * For the 2021-22 state fiscal year, the employer contribution rate is decreased from 13.91% to 8.91% of salary and the member contribution rate is increased from 10% to 15% of salary. The bill specifies that the change in contributions does not apply to the employer or member contributions for judges employed by the Denver county court. The bill does not impact the employer or member contribution rates for any of the other divisions of PERA. The bill reduces an appropriation. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1395 | End Skilled Worker Outreach, Recruitment, and Key Training Act Grants Transfer Money To General Fund |
| Sponsors: | J. McCluskie (D) | K. Ransom / D. Moreno (D) | B. Rankin |
| Short Title: | End Skilled Worker Outreach, Recruitment, and Key Training Act Grants Transfer Money To General Fund |
| Summary: | Joint Budget Committee. The bill precludes the department of labor and employment from awarding or issuing grants under the "Skilled Worker Outreach, Recruitment, and Key Training Act", also known as the "WORK Act", as of the effective date of the bill. Additionally, the state treasurer is directed to transfer any balance in the WORK fund as of September 1, 2020, and September 1, 2021, to the general fund. The program is repealed on September 30, 2021. The bill adjusts the 2020 long bill by eliminating the $3.3 million appropriation for the program. |
| Status: | 6/25/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1396 | Work Force Dev Council Online Career Platform |
| Sponsors: | D. Esgar | J. McCluskie (D) / R. Zenzinger (D) | B. Rankin |
| Short Title: | Work Force Dev Council Online Career Platform |
| Summary: | Joint Budget Committee. The state work force development council (state council), in collaboration with the department of higher education, the department of labor and employment, and the department of human services (state agencies), is required to implement and maintain a free online platform (platform) to provide Coloradans with personalized information to assist them in making career and education planning decisions; except that this requirement is subject to available appropriations or money from other sources. The state council and the state agencies may conduct outreach and training for the individuals who provide career counseling and for the public to promote awareness of the platform. For the purposes of implementing and maintaining the platform, the state council may receive money from other state agencies, the general assembly may appropriate money to the state council, and the state council may solicit, accept, and expend gifts, grants, and donations. The state council may transfer any money appropriated by the general assembly for the purposes of the platform to the department of higher education to implement and maintain the platform, to disseminate information regarding the platform, and to provide training about the platform. The governor's office of information technology (office) is required to ensure that the platform complies with state and federal information technology security and privacy requirements and standards. To ensure such compliance, the office is required to ensure that the contract for the platform includes a requirement that the vendor conduct an external security assessment that complies with the office's requirements and standards and that the assessment and remediation plan be shared with the office. In addition, the state auditor may, in his or her discretion, conduct an audit or assessment of the online platform and of the administration and maintenance of the platform. The authority to implement and maintain the platform is repealed, effective June 30, 2025. Before the repeal, the joint technology committee is required to assess the impact, effectiveness, and compliance with state and federal information technology requirements and standards of the platform and to make a recommendation to the general assembly regarding whether to continue the platform. The bill specifies that the department of higher education shall provide certain notice that it is already required by law to provide to certain students and parents of students in Colorado, through the platform. In addition, the bill repeals requirements that each board of education and the state charter school institute ensure that students in the sixth grade are registered with a previously used online platform, known as College in Colorado. The bill repeals the talent pipeline cash fund and authorizes the general assembly to appropriate money from the general fund to the state council for the purposes of the state council. The bill also specifies that state council requirements related to career pathways are subject to available appropriation or money from other sources. |
| Status: | 6/25/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1397 | Eliminate Colorado Department Of Public Health And Environment Support Of Certain Boards |
| Sponsors: | J. McCluskie (D) | K. Ransom / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Eliminate Colorado Department Of Public Health And Environment Support Of Certain Boards |
| Summary: | Joint Budget Committee. The bill removes the requirement that the department of public health and environment (department) assist and staff the stroke advisory board and the Colorado coroners standards and training board. The bill allows the department to pay an independent agency to manage the boards. Additionally, the bill adjusts the 2020 long bill by reducing the $44,007 general fund appropriation to the department for use by the health facilities and emergency medical services division. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1399 | Suspend Limited Gaming Tax Transfers To Cash Funds |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | B. Rankin |
| Short Title: | Suspend Limited Gaming Tax Transfers To Cash Funds |
| Summary: | Joint Budget Committee. The bill suspends, for 2 years, the operation of statutory provisions allocating specific amounts of revenue derived from the tax on limited gaming activity to the following cash funds: * The Colorado travel and tourism promotion fund, administered by the board of directors of the Colorado tourism office; * The advanced industries acceleration cash fund, administered by the Colorado office of economic development; * The local government limited gaming impact fund, including the limited gaming impact account and the gambling addiction account, administered by the departments of local affairs and human services and local governmental entities; * The innovative higher education research fund, administered by the higher education competitive research authority; * The creative industries cash fund, administered by the council on creative industries; and * The Colorado office of film, television, and media operational account cash fund, administered by the Colorado office of film, television, and media. The bill adjusts current long bill appropriations to fund the respective programs for the 2020-21 state fiscal year. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1400 | Temporary Modification Of Limited Gaming Tax Revenue Allocation |
| Sponsors: | D. Esgar | J. McCluskie (D) / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Temporary Modification Of Limited Gaming Tax Revenue Allocation |
| Summary: | Joint Budget Committee. The bill temporarily modifies the manner in which limited gaming tax revenues are allocated between the limited gaming fund and the extended limited gaming fund (i.e., the portion of limited gaming tax revenues derived from increased hours of operation, enlarged wagering limit, and the addition of craps and roulette) in order to more equitably address recovery in the years immediately following the global pandemic and economic recession of 2020. The modification ends in the fiscal year following the fiscal year in which total limited gaming tax revenues again equal or exceed the total limited gaming tax revenues collected in state fiscal year 2018-19. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1401 | Marijuana Tax Cash Fund Spending And Transfer |
| Sponsors: | D. Esgar | K. Ransom / D. Moreno (D) | B. Rankin |
| Short Title: | Marijuana Tax Cash Fund Spending And Transfer |
| Summary: | Joint Budget Committee. The bill repeals the prohibition on the general assembly appropriating the bulk of the money from the marijuana tax cash fund until the year following the year that the revenue is received by the state. Instead, the general assembly will be permitted to appropriate the money in the fund in the same year that the revenue is received, subject to the same reserve requirement. This change immediately increases the uncommitted balance in the fund for state fiscal year 2020-21, and the state treasurer is required to transfer $136,989,750 from the fund to the general fund on October 1, 2020. The reserve is also clarified in light of this change. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1406 | Cash Fund Transfers To The General Fund |
| Sponsors: | J. Arndt / D. Moreno (D) | R. Zenzinger (D) |
| Short Title: | Cash Fund Transfers To The General Fund |
| Summary: | For the purpose of augmenting the amount of revenues in the state general fund, the bill requires the state treasurer to make the following specific transfers to the general fund. On June 30, 2020, the state treasurer is required to transfer the following amounts to the general fund: * $2.7 million from the petroleum cleanup and redevelopment fund (Section 1 of the bill); * $1 million from the workers' compensation cash fund (Section 2); * $2 million from the unemployment revenue fund (Section 3); * $500,000 from the conveyance safety fund (Section 4); * $1 million from the school safety resource center cash fund (Section 8); * $771,204 from the waste tire market development fund, as it existed prior to its repeal in 2018 (Section 9); * $5.6 million from the small communities water and wastewater grant fund (Section 11); * $180,000 from the vital statistics records cash fund (Section 12); * $433,728 from the construction sector fund (Section 13); * $500,000 from the public and private utilities sector fund (Section 13); * $483,535 from the water quality improvement fund (Section 14); * $422,411 from the hazardous waste service fund (Section 15); * $363,243 from the solid waste management fund (Section 17); * $5,372,415 from the waste tire administration, enforcement, market development, and cleanup fund (Section 18); * $1.4 million from the end users fund (Section 19); and * $1.6 million from the marijuana cash fund (Section 21). On July 1, 2020, the state treasurer is required to transfer the following amounts to the general fund: * $1,224,100 from the division of insurance cash fund (Section 5); * $370,795 from the division of banking cash fund (Section 6); * $267,521 from the prescription drug monitoring fund (Section 7); * $130,000 from the state archives and records cash fund (Section 10); * $4,908,395 from an account with the proceeds of sales of real estate that was acquired for military purposes (Section 16); and * $1,007,176 from the highway-rail crossing signalization fund (Section 20 |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| HB20-1411 | COVID-19 Funds Allocation For Behavioral Health |
| Sponsors: | D. Michaelson Jenet (D) | T. Kraft-Tharp / B. Pettersen | R. Fields (D) |
| Short Title: | COVID-19 Funds Allocation For Behavioral Health |
| Summary: | The bill appropriates money from the cares subfund in the general fund to the department of human services, the department of public health and environment, the department of higher education, and the department of law for behavioral health programs and services that were not accounted for in the state budget most recently approved as of March 27, 2020, and are necessary to respond to the COVID-19 public health emergency. All of the appropriations must be expended on or before December 30, 2020. |
| Status: | 6/22/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: |
| HB20-1413 | Small Business Recovery Loan Program Premium Tax Credits |
| Sponsors: | S. Bird (D) | L. Cutter (D) / R. Zenzinger (D) | K. Donovan |
| Short Title: | Small Business Recovery Loan Program Premium Tax Credits |
| Summary: | The bill authorizes the state treasurer to enter into a contract or contracts to establish a small business recovery loan program (loan program). The purpose of the loan program is to assist the state's recovery from the COVID-19 pandemic by leveraging private investment for loans to Colorado small businesses recovering from the COVID-19 crisis. The treasurer is authorized to contract with the Colorado housing and finance authority or a private entity selected through an open and competitive process. Subject to the availability of proceeds from insurance premium tax credit purchases, the state treasurer may invest up to $30 million in first loss capital from the small business recovery fund established in the bill in fiscal year 2020-21, and up to $30 million in first loss capital in fiscal year 2021-22; except that the total invested across both fiscal years may not exceed $50 million. The investments must be made in tranches of no more than $10 million each. Each tranche must be matched at a 4-to-1 ratio by money invested from other sources before it is committed or deployed. Once the money in a tranche is matched, it must be used to make loans of working capital to Colorado businesses with between 5 and 100 employees that meet eligibility criteria. The loans must be between $30,000 and $500,000, with a maturity of up to 5 years. The state treasurer may not invest a new tranche of state money until the prior tranche is at least 90% invested in small business loans. When each tranche is deployed, it is subject to an initial period of time in which a portion of the money is allocated to each county on a per capita basis and reserved for eligible borrowers located in that county. After the initial period of time passes, the money remaining in the tranche is available on a statewide basis. The small business recovery loan program oversight board (oversight board) is created in the department of the treasury (department). The oversight board consists of the state treasurer, the director of the office of economic development, a member appointed by the speaker of the house of representatives, a member appointed by the president of the senate, and a member appointed by the governor. The oversight board consults with the treasurer on the selection of a loan program manager, establishes certain terms and criteria applicable to the loan program, and provides oversight and guidance to the loan program to ensure it complies with statutory requirements and fulfills the purpose of assisting Colorado small businesses recovering from the COVID-19 crisis. The loan program manager must report on a quarterly basis to the oversight board. The oversight board must file written reports with the joint budget committee twice each fiscal year, and must report once each fiscal year for the first 2 years to the business committees of the house and senate. The department is authorized to issue insurance premium tax credits to insurance companies that are authorized to do business in Colorado and incur premium tax liability, subject to procedures established by the department. The department may contract or consult with an independent third party to manage the bidding process. The department is required to issue a tax credit certificate to each successful purchaser. The department is authorized to issue up to $40 million in tax credit certificates in fiscal year 2020-21. The department is authorized to issue up to an additional $28 million in tax credits in fiscal year 2021-22, unless an equivalent amount of federal money is appropriated or allocated to the program. A qualified taxpayer may claim the tax credit against its premium tax liability. For a tax credit certificate issued in fiscal year 2020-21, the qualified taxpayer may claim up to 50% of the credit in calendar year 2026, and may claim the remaining amount of the credit beginning in calendar year 2027. For a tax credit certificate issued in fiscal year 2021-22, the qualified taxpayer may claim the credit beginning in calendar year 2028. The amount of the credit claimed cannot exceed the taxpayer's premium tax liability for a given year. The unused amount carries forward and may be claimed in subsequent years; except that a credit cannot be claimed for premium tax liability incurred in a taxable year that begins after December 31, 2031. The bill creates the small business recovery fund in the treasury. The fund consists of tax credit sale proceeds, any revenues, disbursements, or money returned to the state from the loan program, and any other money the general assembly appropriates or transfers to the fund. The money in the fund is continuously appropriated to the department to implement the loan program and to pay for the department's direct and indirect costs in administering the loan program and in issuing the tax credits. Beginning in fiscal year 2025-26, the treasurer must credit any unexpended and unencumbered money remaining in the fund at the end of a fiscal year to the general fund. The fund is repealed on July 1, 2029, and all unexpended and unencumbered money remaining in the fund is transferred to the general fund. |
| Status: | 6/23/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: | Here are the 10 COVID-19 relief bills Colorado lawmakers just passed |
| HB20-1417 | Care Subfund In The General Fund |
| Sponsors: | K. Becker / C. Hansen (D) |
| Short Title: | Care Subfund In The General Fund |
| Summary: | The state received $1.67 billion from the federal coronavirus relief fund created in the federal "Coronavirus Aid, Relief, and Economic Security Act of 2020" (CARES Act), and the governor allocated $70 million of these federal funds to the general fund for further allocation by the general assembly for any permissible uses under the CARES Act. The state controller has set aside this money in a special account, known as the care subfund. The bill codifies the care subfund (subfund) in the general fund and reiterates the requirement that the money in the subfund can only be used as permitted under the CARES Act. Any state department that receives an appropriation from the subfund is required to comply with any reporting and record-keeping requirements established by the state controller or the office of state planning and budgeting. Any appropriations from the subfund are excluded from the base for purposes of calculating the state reserve for fiscal year 2020-21. The bill establishes that any unexpended amounts before the close of business on December 30, 2020, revert to the subfund and the state treasurer is directed to transfer such amount to the unemployment compensation fund, which is a permissible use of the federal funds. |
| Status: | 6/22/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: |
| HB20-1418 | Public School Finance |
| Sponsors: | K. Becker / N. Todd |
| Short Title: | Public School Finance |
| Summary: | Section 1 of the bill is a nonstatutory legislative declaration. Section 2 of the bill: Increases the statewide base per pupil funding for the 2020-21 budget year by $132.08 to account for inflation of 1.9% for a new statewide base per pupil funding of $7,083.61; Sets the minimum statewide district total program funding amount for the 2020-21 budget year and removes the requirement for the dollar amount of the budget stabilization factor to remain the same as during the 2019-20 budget year. Section 3 of the bill makes changes to budget procedures for school districts, charter schools, and local college districts for the 2020-21 fiscal year as follows: Under current law, a proposed school district budget must be submitted to the local board of education 30 days prior to July 1, the beginning of the budget year. The bill requires the proposed budget to be submitted on or before June 23, 2020. Under current law, the notice of proposed budget must be published within 10 days after submitting the budget. The bill requires publication of the notice not later than June 25, 2020. Notice of the budget shall be posted for at least 2 business days. Sections 4 and 5 of the bill repeal the following required statutory appropriations for the 2020-21 budget year: $250,000 for the school counselor corps grant program to assist students and families with completing state and federal financial aid forms; and $250,000 for the computer science education grant program to increase enrollment or participation of traditionally underrepresented students in computer science education. Sections 6 and 7 of the bill: Reduce the state fiscal year (FY) 2020-21 appropriation from the public school capital construction assistance fund (assistance fund) for "Building Excellent Schools Today Act" program cash grants for public school capital construction from $160 million to $25 $60 million; Transfer $100 million from the assistance fund to the state public school fund on July 1, 2020; and For FY 2020-21, divert revenue above the first $40 million received from the state retail marijuana excise tax from the assistance fund to the state public school fund. Sections 8 through 12 of the bill suspend the implementation of the K-5 social and emotional health pilot program and make conforming changes to the dates for selecting pilot program participants, the pilot program coordinator, maintenance of effort requirements for the pilot districts, and the initial and final pilot program evaluations. The department of education (department) shall implement the pilot program subject to available appropriations or gifts, grants, or donations for the 3-year term of the pilot program. The bill removes any requirement that the general assembly appropriate money for the pilot program for the 2020-21 state fiscal year but authorizes the general assembly to appropriate marijuana tax cash fund money for the pilot program in the future. The department may accept and expend gifts, grants, or donations for the pilot program. The bill extends the repeal date of the program by10 years to allow for future implementation of the pilot program. Sections 13 through 17 of the bill repeal the grow your own educator program. Current law repeals the advanced placement incentives pilot program on July 1, 2021. Section 18 of the bill repeals the pilot program on July 1, 2020. Sections 19 and 20 of the bill require the state treasurer to make the following transfers to the state education fund on July 1, 2020: $3.5 million from the early literacy fund; and $11,831 from the Colorado teacher of the year fund. Sections 21 through 23 of the bill repeal the school cardiopulmonary resuscitation and automated external defibrillator training fund and the closing the achievement gap cash fund, which are inactive; requires the state treasurer to transfer all unexpended and unencumbered money in each of those funds to the state education fund; and makes conforming amendments. Sections 24 through 27 of the bill require the state treasurer to transfer all unexpended and unencumbered money credited to each of the following funds to the state education fund: The great teachers and leaders fund on July 1, 2020; The nonpublic school fingerprint fund, as it existed prior to its repeal in 2006, on July 1, 2020; The student re-engagement grant program fund, as it existed prior to its repeal in 2019, on July 1, 2020; The retaining teachers fund on July 1, 2020; and The full-day kindergarten facility capital construction fund on June 30, 2020. Section 28 of the bill requires the state treasurer to transfer any unexpended and unencumbered principal of the high-cost special education trust fund to the state public school fund on July 1, 2020. Section 29 of the bill transfers $2.5 million from the marijuana tax cash fund to the state public school fund, on July 1, 2020. Sections 30 through 32 of the bill delay certain provisions of the local school food purchasing program by one year, including delaying: The start of reimbursements to October 2021; The first report to on or before December 1, 2022; and The repeal of the program to January 1, 2024. Sections 33 through 38 of the bill reset the total program mill levy for the 2020 property tax year for each school district as follows: If the school district has obtained voter approval to keep revenue that exceeds the constitutional limit, the lesser of: 27 mills; the number of mills necessary to fully fund the school district's total program; or the number of mills the school district would have levied in the preceding property tax year but for unauthorized reductions in the school district's mill levy after the school district received voter approval to retain excess revenue; or If the school district has not obtained voter approval to keep revenue that exceeds the constitutional limit, the lesser of: 27 mills; the number of mills levied in the preceding property tax year; or the number of mills that generates an amount of revenue that does not exceed the constitutional limit. For the 2021 property tax year and each property tax year thereafter, each school district must levy the lesser of: 27 mills; The number of mills levied in the preceding property tax year; The number of mills necessary to fully fund the school district's total program; or If the school district has not obtained voter approval to keep revenue that exceeds the constitutional limit, the number of mills that generates an amount of revenue that does not exceed the constitutional limit. In a property tax year in which a school district is required to levy more mills than it levied for the 2019 property tax year, the school district board of education must approve a tax credit in the amount of the increase in the number of mills. The amount of revenue attributable to the number of mills for which there is a tax credit is not included in calculating the school district's state share. Under the "Building Excellent Schools Today Act", the state may enter into lease-purchase agreements for public school facility capital construction projects subject to the limitation that the maximum total annual amount of lease payments payable under the terms of the agreements does not exceed $110 million. Section 39 of the bill increases the maximum total annual amount of lease payments to $125 million for FY2020-21 and for each state fiscal year thereafter and appropriates $15 million from the public school capital construction assistance fund to the department for FY2020-21 to provide the additional spending authority needed to make the additional lease payments. Section 40 of the bill requires the department, for the 2020-21 budget year only, to use student enrollment numbers for the 2018-19 budget year in calculating a local education provider's per-pupil intervention money under the READ Act. Section 41 of the bill clarifies that students enrolled part-time in a kindergarten program are counted for school formula funding as .58 of a full-day pupil. Section 42 of the bill authorizes 5-year-old first graders to receive full school finance formula funding. Section 43 of the bill requires the commissioner of education (commissioner) to convene education stakeholders to review the impact of the cancellation of assessments, accountability, accreditation, and educator evaluations for the 2019-20 school year and whether future modifications are needed for the accountability, accreditation, and educator evaluation systems as a result of, and in response to, the COVID-19 pandemic and possible further disruptions. Section 44 of the bill authorizes the commissioner to expend appropriations to correct the underpayment of state funding to a school district, board of cooperative services, the state charter school institute, or to a group care facility or home due to errors in information certified to the department of education for the determination of state funding. Sections 45 through 47 of the bill remove the requirement that the department determine the level of attainment on performance indicators achieved by each public school, each school district, the state charter school institute, and the state as a whole for the 2019-20 school year. In addition, the department shall not assign accreditation ratings for school districts or the state charter school institute, and shall not recommend improvement plans for public schools, for the 2020-21 school year. A school district, the state charter school institute, and schools shall continue to implement the plan type that was assigned for the 2019-20 school year. Section 48 of the bill extends the June 1 deadline for written notice of contract nonrenewal to June 26, 2020, for probationary teachers employed by a school district on a full-time basis during the 2019-20 school year, so long as the recommendation for contract nonrenewal is for reasons relating to budgetary shortfalls. The bill makes and reduces appropriations. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: |
| HB20-1420 | Adjust Tax Expenditures For State Education Fund |
| Sponsors: | E. Sirota (D) | M. Gray / D. Moreno (D) | C. Hansen (D) |
| Short Title: | Adjust Tax Expenditures For State Education Fund |
| Summary: | Section 1 of the bill specifies that the act shall be known as the "Tax Fairness Act". Sections 2 and 3 require taxpayers to add to federal taxable income: For income tax years ending on and after the enactment of the March 2020 "Coronavirus Aid, Relief, and Economic Security Act" (CARES Act), but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to the difference between a taxpayer's net operating loss deduction as determined under federal law before the amendments made by section 2303 of the CARES Act and the taxpayer's net operating loss deduction as determined under federal law after the amendments made by section 2303 of the CARES Act; For income tax years ending on and after the enactment of the CARES Act, but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to a taxpayer's excess business loss as determined under federal law without regard to the amendments made by section 2304 of the CARES Act, but with regard to the technical amendment made in that section of the CARES Act; For income tax years ending on and after the enactment of the CARES Act, but before January 1, 2021, and for income tax years beginning on and after the enactment of the CARES Act, but before January 1, 2021, an amount equal to the amount in excess of the limitation on business interest under federal law without regard to the amendments made by section 2306 of the CARES Act; and For income tax years commencing on or after January 1, 2021, an amount equal to the deduction for qualified business income for an individual taxpayer who files a single return and whose adjusted gross income is greater than $75,000, and for an individual taxpayer who files a joint return and whose adjusted gross income is greater than $150,000. This federal deduction may be claimed for income tax years commencing prior to January 1, 2026. Section 4 limits the amount of net operating loss that a corporation may carry forward to $400,000. This section also specifies that a corporation may add the amount of all net operating losses that a corporation is prohibited from subtracting, with interest, to the allowable net operating loss that is carried forward by the corporation. Section 5 eliminates the state income tax modification for qualifying net capital gains for income tax years commencing on or after January 1, 2021. Sections 6 and 7 repeal the exemption from the state sales and use taxes for the sales, purchase, storage, use, or consumption of electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel, for use in processing, manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, street and railroad transportation services, and all industrial uses, for filing periods on and after August 1, 2020, except not the state sales and use tax exemption for newsprint and printer's ink for use by publishers of newspapers and commercial printers. Section 8 creates a sales and use tax refund, not to exceed $1,000 per filing period, for filing periods on and after August 1, 2020, for all state sales and use tax paid by the taxpayer on the sale, storage, use, or consumption of electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel, for use in processing, manufacturing, mining, refining, irrigation, construction, telegraph, telephone, and radio communication, and all industrial uses; except that the $1,000 per filing period limit does not apply to the sale, storage, use, or consumption of: Diesel fuel purchased for off-road use; Electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel purchased for agricultural purposes; Coal, gas, fuel oil, steam, coke, or nuclear fuel for use in generating electricity; and Electricity, coal, gas, fuel oil, steam, coke, or nuclear fuel for use in street and railroad transportation services. Sections 9 and 10 prevent the elimination of the sales tax exemption and the creation of the sales tax refund from affecting county and municipal sales and use taxes. Section 11 repeals the statutes that provide an insurance premium tax rate reduction for insurance companies maintaining a home office or a regional home office in the state. Section 11 also clarifies that, for purposes of the insurance premium tax, an "annuity plan" or an "annuity consideration" does not include a deposit-type contract that does not incorporate mortality or morbidity risks, such as a guaranteed investment or interest certificate, a supplementary contract without life contingencies, an annuity certain, a premium fund or other deposit fund, a dividend accumulation, a coupon accumulation, a lottery payout, or a structured settlement. The earned income tax credit is equal to a percentage of the federal earned income tax credit. Section 12 increases the percentage from 10% to 20% beginning in 2023. Section 12 also specifies that for income tax years commencing on or after January 1, 2020, taxpayers filing with an individual taxpayer identification number are eligible for the earned income tax credit. Section 13 specifies that the state treasurer shall transfer the following amounts from the general fund to the state education fund created in section 17 (4) of article IX of the state constitution for the following fiscal years: $150,000,000 for the fiscal year 2021-22; $200,000,000 for the fiscal year 2022-23; $200,000,000 for the fiscal year 2023-24; and $200,000,000 for the fiscal year 2024-25. |
| Status: | 7/11/2020 Governor Signed |
| Calendar Notification: | Monday, June 15 2020 THIRD READING OF BILLS - FINAL PASSAGE (1) in senate calendar. |
| Position: | Support |
| News: |
| HB20-1427 | Cigarette Tobacco And Nicotine Products Tax |
| Sponsors: | Y. Caraveo | J. McCluskie (D) / R. Fields (D) | D. Moreno (D) |
| Short Title: | Cigarette Tobacco And Nicotine Products Tax |
| Summary: | The bill refers a ballot issue to the voters at the November 2020 general election for the following incremental tax changes beginning January 1, 2021: To increase the statutory per cigarette tax from one cent to 6.5 cents until July 1, 2024, then to 8 cents until July 1, 2027, and thereafter to 10 cents; To increase the statutory tobacco products tax from 20% of the manufacturer's list price (MLP) to 30% of MLP until July 1, 2024, then to 36% of MLP until July 1, 2027, and to 42% thereafter of MLP for tobacco products; To create a tax on nicotine products that is equal to 50% of MLP until July 1, 2024, then 56% of MLP until July 1, 2027, and thereafter 62% of MLP, which is the same tax as the total tax levied on tobacco products, including the tax from Amendment 35, with the increase; and To establish a tax rate for cigarettes, tobacco products, and nicotine products that are modified risk tobacco products approved by the United States department of health and human services that is 50% of the statutory tax rate. The bill establishes a minimum tax for tobacco products that are moist snuff that is based on a combined minimum tax between the statutory tobacco tax and the tax imposed under Amendment 35. If voters approve the tax, then the state will have the authority to impose these taxes beginning January 1, 2021, and retain and spend the revenue as a voter-approved revenue change, and the remainder of the bill takes effect upon approval. The cigarette and tobacco products taxes are expanded to include delivery sales made by a seller outside of the state directly to a consumer, and the delivery sellers are defined to be wholesalers or distributors. For any tax increase that takes place after January 1, 2022, an inventory tax is created on cigarettes that is imposed on all stamped cigarettes and unaffixed stamps in a wholesaler or wholesale subcontractor's possession or control at the time of a tax increase. The bill also establishes a minimum price for cigarettes that is equal to: $7 for a pack and $70 for a carton until July 1, 2024; and $7.50 for a pack and $75 for a carton on and after July 1, 2024. There are civil penalties imposed for any person who sells cigarettes for less than the minimum amount. As part of its annual June forecast, legislative council staff is required to include an estimate for the current state fiscal year of the additional sales tax revenue that is attributable to the minimum price requirement. On June 30 of the fiscal year, the state treasurer is required to transfer an amount equal to 73% of the estimate from the general fund to the newly created preschool programs cash fund, with the other 27% remaining in the general fund for the distribution to local governments, as required under current law. The new nicotine products tax is modeled after the tobacco products tax. Nicotine products are products that contain nicotine and that are ingested into the body, which at this time is typically through vaping with an electronic cigarette. The excise tax is levied on the sale, use, consumption, handling, or distribution of all nicotine products in the state, and it is imposed on a distributor at the time the product is brought into the state, made here, or shipped or transported to retailers in the state, or the wholesaler or distributor makes a delivery sale. If a distributor fails to pay the tax, then any person or entity in possession of the nicotine products is liable for the tax. To be a distributor of nicotine products, a person must have a license. The license costs $10 per year and requires that the distributor must have a tax license and comply with all of the laws relating to the collection of the tax. Distributors are required to file quarterly returns, and the department of revenue may require electronic fund transfers of the taxes paid. Licensees are required to maintain certain records, and retailers are likewise required to maintain records about nicotine products they purchase from a licensed distributor. The department may share the names and addresses of persons who purchased nicotine products for resale with the department of public health and environment and county and district public health agencies. To account for the fully phased-in increased taxes per cigarette, the discount percentage on cigarette stamps that a cigarette wholesaler may retain for its collection costs is reduced from 4% to .4% and the similar discount for a tobacco products distributor is reduced from 3.33% to 1.6%. A nicotine products distributor will be permitted to retain 1.1% of the taxes collected. The revenue from the new nicotine products tax, the inventory tax, and the additional cigarette and tobacco products taxes is deposited in the old age pension fund and then credited to the general fund in accordance with the state constitution. For fiscal years prior to July 1, 2023, most of the tax revenue will stay in the general fund, except for an amount the state treasurer transfers to the 2020 tax holding fund to offset the decreased revenue from the existing taxes that may result from the voter-approved rate increases for the tobacco tax cash fund and to reimburse local governments. Thereafter, the state treasurer will transfer an amount equal to the total tax revenue from the general fund to the 2020 tax holding fund and then transfer specified amounts to the tobacco tax cash fund, the tobacco education programs fund, and the general fund and the remainder after those amounts to the newly created preschool programs cash fund, from which the general assembly may appropriate money to a designated department to be used for an array of preschool education purposes. The state auditor is required to annually conduct a financial audit of the use of the new tax revenue. |
| Status: | 7/8/2020 Governor Signed |
| Calendar Notification: | Monday, June 15 2020 THIRD READING OF BILLS - FINAL PASSAGE (6) in senate calendar. |
| Position: | Monitor |
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| HCR20-1001 | Bingo Raffles Allow Paid Help And Repeal 5-year Minimum |
| Sponsors: | J. Singer | J. Wilson / J. Smallwood (R) | N. Todd |
| Short Title: | Bingo Raffles Allow Paid Help And Repeal 5-year Minimum |
| Summary: | The concurrent resolution amends section 2 of article XVIII of the Colorado constitution by: repealing provisions that Require Amending the requirement that a charitable organization to have five years' continuous existence before obtaining a charitable gaming license, specifying instead a period of continuous existence of 3 years or, on and after January 1, 2024, a different period established in statute by the general assembly ; and Prohibit Allowing the operation of charitable games by anyone other than a bona fide member persons other than volunteer members of the organization, working as an unpaid volunteer so long as those persons are not paid more than the minimum wage . |
| Status: | 6/19/2020 Signed by the President of the Senate |
| Calendar Notification: | Monday, June 15 2020 THIRD READING OF BILLS - FINAL PASSAGE (3) in senate calendar. |
| Position: | Support |
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| SB20-002 | Rural Economic Development Initiative Grant Program |
| Sponsors: | K. Donovan | D. Coram / B. McLachlan (D) | B. Buentello |
| Short Title: | Rural Economic Development Initiative Grant Program |
| Summary: | The bill creates the rural economic development initiative (REDI) grant program in the department of local affairs (department) to provide grants for projects that create new jobs through a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. The department is required to administer the REDI grant program in collaboration with the Colorado office of economic development. Entities eligible to receive REDI grant program money include local governments and organizations or individuals working in partnership with a local government, where the local government serves as the grant administrator, including intergovernmental agencies, councils of government, housing authorities, beginning farmers, the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, nonprofit economic development organizations, and private employers. The bill specifies criteria that the department is required to consider when evaluating grant applications and requires the department to prioritize applications that would create new jobs. The bill specifies the types of projects for which REDI grants may be awarded to eligible recipients and requires grant recipients to provide matching funds. If the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the purposes of the REDI grant program for the purposes of the "Rural Economic Advancement of Colorado Towns (REACT) Act". The executive director of the department is required to adopt policies and procedures for the administration of the REDI grant program and is also required to produce a report summarizing the use of all money that was awarded as grants from the REDI grant program in the preceding fiscal year. |
| Status: | 6/29/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
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| SB20-006 | Amend Colorado Opportunity Scholarship Initiative |
| Sponsors: | R. Zenzinger (D) | T. Story (D) / C. Kipp (D) | M. Baisley (R) |
| Short Title: | Amend Colorado Opportunity Scholarship Initiative |
| Summary: | Making Higher Education Attainable Interim Study Committee. The bill amends provisions relating to the Colorado opportunity scholarship initiative, including: * Removing the definition of "tuition assistance" and replacing it with a definition for "financial assistance" that is tied to cost of attendance, as defined in the bill, and making amendments throughout to reflect the changed terms; * Removing the statutory restriction that not more than 10% of money in the fund in any fiscal year may be awarded to state agencies and nonprofit organizations for student success and support services and for other services, and the requirement that a certain percentage of the money awarded for student success and support services and for other services be awarded to nongovernmental entities; * Removing the requirement that the initiative be administered from existing personnel; * Changing the current provision that, to the extent practicable, scholarships must be equally distributed between students who are eligible for federal PELL grants and students within a certain range of income. Instead, the bill requires scholarships to be equitably distributed between students with an expected family contribution, as defined in the bill, of less than 100% of the annual federal PELL grant award and students with an expected family contribution between 100% and 250% of the annual federal PELL grant award. * Removing references to obsolete reports and requirements. The bill appropriates $5 million to the Colorado opportunity scholarship initiative fund to implement the initiative. |
| Status: | 3/20/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
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| SB20-007 | Treatment Opioid And Other Substance Use Disorders |
| Sponsors: | B. Pettersen | F. Winter (D) / B. Buentello | J. Wilson |
| Short Title: | Treatment Opioid And Other Substance Use Disorders |
| Summary: | Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires updated community assessments every 2 years of the sufficiency of substance use disorder services in the community to be compiled by an independent entity contracted by the department of human services (DHS). The assessment must include input and the opportunity for review and comment from community entities and individuals. Based on the community assessment, the managed service organization will prepare a draft community action plan and shall allow time for stakeholder review and comment on the plan. Section 2 of the bill requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement, medical necessity, and utilization management determinations in accordance with the most recent edition of the ASAM criteria. The bill also authorizes the commissioner of insurance, in consultation with DHS and the department of health care policy and financing, to identify by rule alternate nationally recognized substance-use-disorder-specific treatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices. Sections 3, 4, and 5 of the bill increases funding by $1 million for provider loan forgiveness and scholarships from the Colorado health service corps fund in the department of public health and environment (CDPHE). The bill recognizes a goal of the loan forgiveness and scholarship programs of creating a diverse health care workforce that is able to address the needs of underserved populations and communities. Section 6 of the bill authorizes a pharmacy that has entered into a collaborative pharmacy agreement with one or more physicians to receive an enhanced dispensing fee for the administration of all injectable medications for medication-assisted treatment that are approved by the federal food and drug administration, and not just injectable antagonist medication. Section 7 of the bill requires DHS to commission a state child care and treatment study and final report to make findings and recommendations concerning gaps in family-centered substance use disorder treatment and to identify alternative payment structures for funding child care and children's services alongside substance use disorder treatment of a child's parent. DHS shall distribute the report to the general assembly and present the report in its annual presentation to committees of the general assembly. Sections 8, 9, 10, 11, and 12 of the bill prohibit managed service organization contracted providers; withdrawal management services; and recovery residences from denying access to medical or substance use disorder treatment services, including recovery services, to persons who are participating in prescribed medication-assisted treatment for substance use disorders. In addition, the bill prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement. Section 13 of the bill requires managed care entities to provide coordination of care for the full continuum of substance use disorder and mental health treatment and recovery services, including support for individuals transitioning between levels of care. Section 14 of the bill appropriates $250,000 to the office of behavioral health in DHS for allocation to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the continued employment of grant writers to aid local communities in need of assistance to access federal and state money to address opioid and other substance use disorders in their communities. Section 15 of the bill authorizes the commissioner of insurance, in consultation with CDPHE, to promulgate rules, or to seek a revision of the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies. Section 16 of the bill requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assisted treatment for substance use disorders, including buprenorphine, and of that number, to indicate how many providers are actively prescribing medication-assisted treatment. The bill requires the commissioner of insurance to promulgate rules concerning the reporting. Section 17 of the bill requires insurance carriers to provide coverage for naloxone hydrochloride, or other similarly acting drug, without prior authorization and without imposing any deductible, copayment, coinsurance, or other cost-sharing requirement. Section 18 of the bill requires DHS to implement a program for training and community outreach relating to, at a minimum, the availability of and process for civil commitment of persons with an alcohol or substance use disorder. The training must be provided to first responders, law enforcement, emergency departments, primary care providers, and persons and families of persons with a substance use disorder, among others. Sections 19 through 65 of the bill consolidate part 1 of article 82 of title 27, C.R.S., relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27, C.R.S., relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorders, in order to create a single process that includes all substances. The new scope of part 1 of article 81 of title 27, C.R.S., includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder". The amendments and additions to part 1 of article 81 of title 27, C.R.S., include: * Defining "administrator" to include an administrator's designee; * Adding a definition of "incapacitated by substances" to include a person who is incapacitated by alcohol or incapacitated by substances; * Changing terminology throughout to refer to "substances" to include both alcohol and drugs; * Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days; * Allowing a person to enter into a stipulated order for committed treatment, expediting placement into treatment; * Removing the mandatory hearing for the initial involuntary commitment but allowing a person to request a hearing if the person does not want to enter into a stipulated order for committed treatment; * Incorporating in statute "patient's rights" relating to civil commitment; * Using person-centered language throughout the statutory process; and * Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27, C.R.S., to article 81 in title 27, C.R.S. In addition, the bill makes conforming amendments, including several in the professional licensing statutes in title 12, C.R.S., to remove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the single term "substance use disorder",which the bill now defines in article 81 of title 27, C.R.S., to include both drugs and alcohol. The bill also makes conforming amendments to remove statutory references to provisions in part 2 of article 82 of title 27, C.R.S., which the bill repeals, and replaces those references with a new reference to the relevant provisions in article 81 of title 27, C.R.S. |
| Status: | 7/13/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
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| SB20-021 | Tax Expenditure Bill Requirements |
| Sponsors: | J. Tate / M. Snyder (D) | A. Benavidez |
| Short Title: | Tax Expenditure Bill Requirements |
| Summary: | Tax Expenditure Evaluation Interim Study Committee. Current law requires a legislative declaration stating the intended purpose of a new tax expenditure or the intended purpose for extending an expiring tax expenditure. The bill expands that law by: * Requiring a statutory legislative declaration, not nonstatutory; * Requiring any bill that creates a new tax expenditure to include a repeal of the expenditure after a specified period of tax years and any bill that extends an expiring tax expenditure to extend the expenditure for a specified period of tax years; and * Requiring the statement of the intended purpose to be a part of a tax preference performance statement, which includes: * The classification of the type of the tax expenditure; and * Detailed information regarding the legislative purpose of the tax expenditure, which, at minimum, includes clear, relevant, and ascertainable metrics and data requirements that allow the tax expenditure to be measured for effectiveness in achieving the intended purpose. |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| SB20-028 | Substance Use Disorder Recovery |
| Sponsors: | B. Pettersen | K. Priola (D) / B. Buentello | L. Herod (D) |
| Short Title: | Substance Use Disorder Recovery |
| Summary: | Opioid and Other Substance Use Disorders Study Committee. The bill: * Annually appropriates $250,000 to the department of labor and employment for the purpose of providing peer coaching and peer specialist training for individuals recovering from substance use disorders (section 1 of the bill); * Continues the opioid and other substance use disorders study committee (committee) for an additional 4 years, meeting every other year beginning in 2021 (sections 2 and 3); * Requires the state substance abuse trend and response task force to: Convene stakeholders for the purpose of reviewing progress on bills introduced by the committee and passed by the general assembly and generating policy recommendations related to opioid and other substance use disorders; and submit its annual report to the committee (section 4); * Modifies how the determination of child abuse, neglect, or dependency is determined in situations involving alcohol or substance exposure (sections 5 to 7); * Annually appropriates $2 million to the office of behavioral health (office) in the department of human services for the purpose of expanding the individual placement and support program (section 8); * Requires the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) to design and conduct a comprehensive review of Colorado's substance use disorder treatment and recovery services to inform a state plan for the delivery of services across the continuum of care for individuals at risk of relapse and appropriates $500,000 to the center for the completion of the review (section 9); * Requires the center, through the statewide perinatal substance use data linkage project, to conduct ongoing research related to the incidence of perinatal substance exposure or related infant and family health and human service outcomes. The bill also annually appropriates $75,000 to the center to conduct the research (section 10). * Requires the office to establish a program to assist individuals with substance use disorders by providing the individuals with temporary financial housing assistance and annually appropriates $4 million to the office for purposes of the program (section 11); and * Creates the recovery support services grant program in the office to provide grants to recovery community organizations, and annually appropriates $3.5 million to implement the program (section 12) |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | Monday, June 15 2020 CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS (2) in senate calendar. |
| Position: | Monitor |
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| SB20-033 | Allow Medicaid Buy-in Program After Age 65 |
| Sponsors: | J. Tate | R. Fields (D) / S. Lontine |
| Short Title: | Allow Medicaid Buy-in Program After Age 65 |
| Summary: | The bill authorizes working adults with disabilities who are over 65 years of age to continue participating in the existing medicaid buy-in program as a state-funded program, without federal matching money, if, in part, the working adult: Is enrolled in or has applied for medicare; Is eligible for and receiving long-term care home- and community-based services or durable medical equipment as part of complex rehabilitative services or has extraordinary medical expenses, as determined by rule of the state board, that are not covered by medicare; Except as specified in the bill, was continuously enrolled in and receiving services through the medicaid buy-in program for at least one year immediately prior to attaining 65 years of age; and Continues to meet the work requirements for the medicaid buy-in program. |
| Status: | 7/7/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
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| SB20-063 | Recodify Statutes Concerning Department Of Law |
| Sponsors: | P. Lee / M. Weissman (D) | H. McKean |
| Short Title: | Recodify Statutes Concerning Department Of Law |
| Summary: | The bill recodifies statutory provisions governing the department of law, especially by replacing outmoded language with updated terms and usage. Section 1 of the bill repeals outmoded language regarding internal divisions within the department of law (department). Section 2 specifies the powers and duties of the attorney general. Section 3 enumerates internal divisions of the department. Section 4 updates the statutory provision authorizing the appointment of the chief deputy attorney general. Section 5 concerns the appointment and qualifications of the solicitor general. Section 6 updates statutory provisions governing the victims' services coordinator. Section 7 updates statutory provisions governing money received by the attorney general. This section specifies that any money received by the attorney general belonging to the state or received by the attorney general in his or her official capacity must be paid as soon as practicable to the department of the treasury. Moreover, generally, the attorney general has such legal duties in regard to the activities of the state and its various departments, boards, commissions, bureaus, and agencies as are imposed by law. Section 8 specifies requirements pertaining to the legal services the attorney general provides to state agencies. Section 9 clarifies that nothing in the bill is to be construed as affecting, limiting, or supplanting the common law authority of the attorney general or the department. Section 10 specifies requirements governing the provision of identification cards to retired peace officers. Section 12 concerns legal representation of the state auditor. This section specifies that the duty of providing legal representation or otherwise rendering legal services to the state auditor in connection with the auditor's performance of his or her functions and duties is shared between the office of legislative legal services and the attorney general. Section 14 repeals existing outmoded sections of law. |
| Status: | 3/11/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
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| SB20-090 | Limit Liability For Food Donations To Nonprofits |
| Sponsors: | F. Winter (D) / D. Esgar | B. Titone (D) |
| Short Title: | Limit Liability For Food Donations To Nonprofits |
| Summary: | Current law provides limited immunity from civil and criminal liability to retail food establishments, nonprofit organizations, and other entities that donate items of food to nonprofit organizations for use or distribution in providing assistance to needy or poor persons. The bill extends the same immunity to correctional facilities. The bill encourages retail food establishments and correctional facilities to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals |
| Status: | 6/26/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
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| SB20-100 | Repeal The Death Penalty |
| Sponsors: | J. Gonzales (D) | J. Tate / J. Arndt | A. Benavidez |
| Short Title: | Repeal The Death Penalty |
| Summary: | The bill repeals the death penalty in Colorado for offenses charged on or after July 1, 2020, and makes conforming amendments. |
| Status: | 3/23/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
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| SB20-106 | Consent To Shelter And Services By Homeless Youth |
| Sponsors: | R. Woodward | J. Ginal (D) / C. Kipp (D) | B. Titone (D) |
| Short Title: | Consent To Shelter And Services By Homeless Youth |
| Summary: | The bill allows a homeless youth who is 14 years of age or older (youth) to consent to receiving shelter or shelter services from a licensed homeless youth shelter. Upon receipt of such consent, a licensed homeless youth shelter is not required to notify the youth's parent or legal guardian or seek additional parental consent for shelter or shelter services. |
| Status: | 6/25/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
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| SB20-170 | Update Colorado Employment Security Act |
| Sponsors: | J. Danielson (D) / D. Jackson | M. Duran (D) |
| Short Title: | Update Colorado Employment Security Act |
| Summary: | For the purposes of establishing a worker's eligibility for benefits under the "Colorado Employment Security Act" (Act), the bill relocates the definition of "immediate family" and amends the definition to include: A sibling of the worker who is under 18 years of age and for whom the worker stands in loco parentis; and A sibling of the worker who is incapable of self-care due to a mental or physical disability or a long-term illness. Under current law, a worker who separates from a job because of domestic violence may be eligible for benefits under the Act if the worker reasonably believes that the worker's continued employment would jeopardize the safety of the worker or any member of the worker's immediate family and the worker provides the division of unemployment insurance either: An active or recently issued protective order or other order documenting the domestic violence or a police record documenting recent domestic violence; or A statement substantiating recent domestic violence from a qualified professional from whom the worker has sought assistance for the domestic violence, such as a counselor, shelter worker, member of the clergy, attorney, or health worker. The bill eliminates the requirement that a worker provide either form of documentation in order to establish the worker's eligibility for benefits under the Act. The bill substitutes the term "severance allowance" for "remuneration" in a provision that concerns remuneration received by an individual who has been separated from employment. |
| Status: | 7/14/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
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| SB20-186 | Colorado Redistricting Commissions |
| Sponsors: | S. Fenberg (D) | C. Holbert / A. Garnett | P. Neville |
| Short Title: | Colorado Redistricting Commissions |
| Summary: | Executive Committee of the Legislative Council. Section 1 of the bill repeals the existing statutory criteria for congressional districts. Sections 2 to 12 of the bill establish statutory provisions concerning congressional districts established by the new independent congressional redistricting commission (congressional commission) and update the existing statutory provisions related to the independent legislative redistricting commission (legislative commission), including: Stating the general assembly's intent that the commissions apply the correct federal citation to the "Voting Rights Act of 1965" rather than the incorrect citation contained in the Colorado constitution; Requiring the legislative commission to designate which year an election for each senate district takes place and to specify from which district a new senator is elected when there is a vacancy in a senatorial district; Requiring the commissions to provide maps of the proposed and final congressional and legislative districts to county clerks, the Colorado supreme court, and the secretary of state; Requiring boards of county commissioners to approve new precinct boundaries and to notify the secretary of state and major party chairs of the new precinct boundaries; Specifying how the secretary of state may correct a redistricting plan if an approved plan fails to include property in any district, includes property in more than one district, or splits a residential parcel; Specifying that the boundaries of a district approved in a redistricting plan do not change if there is a change in a county or municipal boundary; and Requiring the secretary of state to provide maps of districts to candidates. Section 13 of the bill repeals outdated provisions that prohibited the state from using population figures adjusted through statistical sampling for redistricting and requires the commissions to use the total population used by the federal census bureau in reapportioning the seats in congress. Sections 14 to 17 of the bill make conforming amendments to update the statutes on the redistricting account in the legislative cash fund, the "Colorado Open Records Act", and duties of county commissioners to reflect the congressional and legislative commissions. Sections 18 to 24 of the bill contain nonstatutory provisions relating to the congressional and legislative commissions as required by the state constitution, including: Appointing nonpartisan staff to assist the commissions; Directing staff to prepare forms for and review applications from persons interested in serving on the commissions and assisting the panels of retired justices and judges who appoint members of the commissions; Assembling the necessary hardware, software, and information necessary for the commissions and nonpartisan staff to redistrict congressional and legislative districts; and Establishing the necessary procedures for the judicial panels, commissions, and nonpartisan staff to receive a per diem and reimbursement of expenses. |
| Status: | 7/11/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: |
| SB20-200 | Implementation Of CO Colorado Secure Savings Program |
| Sponsors: | K. Donovan | B. Pettersen / T. Kraft-Tharp | K. Becker |
| Short Title: | Implementation Of CO Colorado Secure Savings Program |
| Summary: | In 2019, the general assembly created the Colorado secure savings board (board) in the office of the state treasurer to study the costs to the state of insufficient retirement savings and 3 approaches to increasing retirement savings in Colorado. The board found that a state-facilitated automatic enrollment individual retirement account program is the best option for Colorado and recommended the establishment of such a program, coupled with the greater use of financial education tools in the state. In furtherance of the board's recommendation, the bill directs the board to create and implement the Colorado secure savings program (program). The bill specifies the powers and duties of the board in connection with the creation and administration of the program and updates the criteria to which the board is required to adhere in developing the program. The board is required to adopt rules regarding enrollment in the program, contributions to and withdrawals from program accounts, the process for employer exemptions from offering the program, and required disclosures. The bill creates the Colorado secure savings program fund in the state treasury to consist of money appropriated by the general assembly, money transferred to the fund by the federal government, money from fees and penalties in connection with the program, and any gifts, grants, or donations made to the fund. All individual account information for accounts under the program is confidential and may not be disclosed except under specified circumstances. |
| Status: | 7/14/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
| News: |
| SB20-205 | Sick Leave For Employees |
| Sponsors: | S. Fenberg (D) | J. Bridges (D) / K. Becker | Y. Caraveo |
| Short Title: | Sick Leave For Employees |
| Summary: | The bill creates the "Healthy Families and Workplaces Act" (act), which requires employers to provide paid sick leave to employees under various circumstances. On and after the effective date of the act through December 31, 2020, employers are required to provide each of their employees paid sick leave for employees to take for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act". Additionally, beginning January 1, 2021, the act requires all employers in Colorado to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours. An employee: Begins accruing paid sick leave when the employee's employment begins; May use paid sick leave as it is accrued; and May carry forward and use in subsequent calendar years paid sick leave that is not used in the year in which it is accrued. Employees may use accrued paid sick leave to be absent from work for the following purposes: The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care; The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care; The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work. In addition to the paid sick leave accrued by an employee, the act requires an employer to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works. The act prohibits an employer from retaliating against an employee who uses the employee's paid sick leave or otherwise exercises the employee's rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor standards and statistics (division) in the department of labor and employment, detailing employees' rights under the act. Employers must retain records documenting, by employee, the hours worked, paid sick leave accrued, and paid sick leave used and make such records available to the division to monitor compliance with the act. The director of the division will implement and enforce the act and adopt rules necessary for such purposes. The act treats an employee's information about the employee's or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave. Employers, including public employers, that provide comparable paid leave to their employees and allow employees to use that leave as permitted under the act are not required to provide additional paid sick leave to their employees. Employees covered by a collective bargaining agreement would not be entitled to paid sick leave under the act if the collective bargaining agreement expressly waives the requirements of the act and provides an equivalent benefit to covered employees. |
| Status: | 7/14/2020 Governor Signed |
| Calendar Notification: | Monday, June 15 2020 CONFERENCE COMMITTEE ON SB20-205 Upon Adjournment SCR 357 (1) in senate calendar. |
| Position: | Support |
| News: |
| SB20-206 | Public Assistance Program Recipient Disqualification |
| Sponsors: | N. Todd | J. Cooke / L. Landgraf | J. Singer |
| Short Title: | Public Assistance Program Recipient Disqualification |
| Summary: | Current law disqualifies a recipient who is found to have committed an intentional violation from participation in any public assistance program for a specified amount of time. The bill clarifies that a recipient who is found to have committed an intentional violation is only disqualified from participating in the public assistance program in which the recipient is found to have committed the intentional violation. |
| Status: | 7/2/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Monitor |
| News: |
| SB20-207 | Unemployment Insurance |
| Sponsors: | C. Hansen (D) | F. Winter (D) / M. Gray | T. Sullivan (D) |
| Short Title: | Unemployment Insurance |
| Summary: | For the purpose of creating a rebuttable presumption that an individual is an independent contractor, the bill allows the individual to establish that the person for whom he or she is performing services does not combine the business operations with the individual's business and the individual performs work that is not the primary work of the person or related to the primary work of the person. The bill authorizes the parties to demonstrate the satisfaction of the factors considered by the division of employment insurance in the department of labor and employment (division) in a manner other than a written document. If an individual is determined to be an employee for the pruposes of the wage theft laws, the individual is deemed an employee for the purposes of determining eligibility for unemployment insurance compensation benefits. The bill exempts payment for services to an election judge for the purposes of calculating total unemployment compensation benefits. Current law requires a deduction from the weekly total and partial unemployment benefit amounts of the part of wages that exceeds 25% of the weekly benefit amount. The bill changes the percentage of wages for calculating the deduction to 50%. When determining whether an individual qualifies for unemployment insurance, the bill directs the division to consider whether the individual has separated from employment or has refused to accept new employment because: The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer's business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; an executive order issued by the governor requiring the employer to close the business or modify the operation of the business; and any public health order issued by the department of public health and environment or a local government; The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or The employee is immunocompromised and more susceptible to illness during a public health emergency. The bill changes the time period that an interested party has to respond to a notice of claim received by the division concerning unemployment benefits from 12 calendar days to 7 calendar days. Current law authorizes the division to approve a work share plan submitted by an employer if the employee's normal weekly work hours have been reduced by at least 10% but not more than 40%. The bill changes the amount that hours may be reduced to an amount consistent with rules adopted by the division and federal law. The bill removes the cap on the amount of money that can be paid into and remain in the employment support fund. The bill requires the director of the division to study and report to the general assembly the feasibility of creating an unemployment insurance compensation program and fund for individuals engaged in independent trades, occupations, and professions. |
| Status: | 7/14/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: | Colorado’s unemployment fund is nearly $1 billion in debt. Small businesses are worried about paying the tab. |
| SB20-208 | Extending Expiring Tax Check-offs |
| Sponsors: | T. Story (D) | D. Coram / L. Cutter (D) | M. Duran (D) |
| Short Title: | Extending Expiring Tax Check-offs |
| Summary: | The voluntary contributions to the American Red Cross Colorado disaster response, readiness, and preparedness fund, Colorado domestic abuse program fund, Habitat for Humanity of Colorado fund, pet overpopulation fund, and Special Olympics Colorado fund are currently scheduled to appear on the state income tax return form for income tax years beginning prior to January 1, 2020. The contributions are set to repeal unless they are continued. The bill reauthorizes the funds to remain on the form so long as they meet the existing statutory requirement that a voluntary contribution fund must receive at least $50,000 in contributions each tax year. |
| Status: | 7/7/2020 Governor Signed |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Actively Monitor |
| News: |
| SB20-215 | Health Insurance Affordability Enterprise |
| Sponsors: | D. Moreno (D) | K. Donovan / C. Kennedy | J. McCluskie (D) |
| Short Title: | Health Insurance Affordability Enterprise |
| Summary: | The bill establishes the health insurance affordability enterprise, for purposes of section 20 of article X of the state constitution, that is authorized to assess a health insurance affordability fee (insurer fee) on certain health insurers and a special assessment (hospital assessment) on hospitals in order to: * Provide business services to carriers that pay the fee, including services to increase enrollment in health benefit plans offered by carriers across the state; increasing the number of individuals who are able to purchase health benefit plans in the individual market by providing financial support for certain qualifying individuals; funding the reinsurance program that offsets the costs carriers would otherwise pay for covering consumers with high medical costs; improving the stability of the market throughout the state by providing consistent private health care coverage and reducing the movement of individuals between group and individual coverage and from insured to uninsured status; and reducing provider cost shifting from the individual market and the uninsured to the group market; and * Provide business services to hospitals, including increasing hospital revenues by reducing the amount of uncompensated care provided by hospitals; and reducing the need of providers to shift costs of providing uncompensated care to other payers. The enterprise is to start assessing and collecting the insurer fee in 2021, which fee is based on a percentage of premiums collected by health insurers in the previous calendar year on health benefit plans issued in the state. The hospital assessment is a specified amount assessed and collected in the 2022 and 2023 calendar years. Money collected from the insurer fee and hospital assessment is to be deposited in the health insurance affordability cash fund (fund), which the bill creates. The bill also transfers an amount of premium taxes collected by the state in 2020 or later years that exceeds the amount collected in 2019, but not more than 10% of the enterprise's revenues, to the fund. The enterprise is required to use the insurer fee, the hospital assessment, and any premium tax revenues or other money available in the fund, in accordance with the allocation specified in the bill, for the following purposes: * To provide funding for the reinsurance program established by House Bill 19-1168; * To provide payments to carriers to increase the affordability of health insurance on the individual market for Coloradans who receive the premium tax credit available under federal law; * To provide subsidies for state-subsidized individual health coverage plans purchased by qualified low-income individuals who are not eligible for the premium tax credit or public assistance health care programs; * To pay the actual administrative costs of the enterprise and the division of insurance for implementing and administering the bill, limited to 3% of the enterprise's revenues; and * To pay the costs for consumer enrollment, outreach, and education activities regarding health care coverage. The enterprise is governed by a 9-member board composed of the executive director of the Colorado health benefit exchange and the commissioner of insurance or their designees and 7 members appointed by the governor and representing various aspect of the health care industry and health care consumers. With regard to the reinsurance program and enterprise established pursuant to House Bill 19-1168, the bill: * Incorporates the reinsurance program enterprise within the health insurance affordability enterprise; * Eliminates funding for the reinsurance program from special assessments on hospitals and health insurers, excess premium tax revenues, and specified transfers from the state general fund and instead allocates a portion of the health insurance affordability enterprise revenues to the reinsurance program annually; and * Extends the reinsurance program, subject to federal approval of a new or extended state innovation waiver to enable the state to operate the reinsurance program and access federal funding for the program |
| Status: | 6/30/2020 Governor Signed |
| Calendar Notification: | Monday, June 15 2020 CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS (6) in senate calendar. |
| Position: | Monitor |
| News: |
| SB20-217 | Enhance Law Enforcement Integrity |
| Sponsors: | L. Garcia (D) | R. Fields (D) / L. Herod (D) | S. Gonzales-Gutierrez (D) |
| Short Title: | Enhance Law Enforcement Integrity |
| Summary: | Beginning July 1, 2023, the bill requires all local law enforcement agencies and the Colorado state patrol to issue body-worn cameras to their officers and requires all recordings of an incident be released to the public within 14 21 days after the incident. Peace officers shall wear and activate a body-worn camera at any time when interacting with the public. the local law enforcement agency or Colorado state patrol receives a complaint of misconduct. A peace officer shall wear and activate a body-worn camera when responding to a call for service or during any interaction with the public initiated by the peace officer, when enforcing the law or investigating possible violations of the law. A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident or contact that is not related to the initial incident; and in administrative, tactical, and management discussions. A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover. The bill requires sanctions for failing to activate the body-worn camera. The bill allows for redaction or nonrelease of the recording to public if there are specified privacy interests at stake. Beginning July 1, 2023, the bill requires the division of criminal justice in the department of public safety to create an annual report of the information that is reported to the attorney general division , aggregated and broken down by state or local agency that employs peace officers, along with the underlying data. Each state and local agency and the Colorado state patrol that employs peace officers shall report to the attorney general division : All use of force by its peace officers that results in death or serious bodily injury; All instances when an a peace officer resigned while under investigation for violating department policy; All data relating to stops contacts conducted by its peace officers; and All data related to the use of an unannounced entry by a peace officer. The division of criminal justice shall maintain a statewide database with data collected in a searchable format and publish the database on its website. Any state and local law enforcement agency that fails to meet its reporting requirements is subject to suspension of its funding by its appropriating authority. If any peace officer is convicted of or pleads guilty or nolo contendere to any inappropriate use of physical force or a crime involving the unlawful use or threatened use of physical force, or for failing to intervene to prevent inappropriate use of physical force , the peace officer's employing agency shall immediately terminate the peace officer's employment and the P.O.S.T. board shall permanently revoke the peace officer's certification. The P.O.S.T. board shall not, under any circumstances, reinstate the peace officer's certification or grant new certification to the peace officer unless exonerated by a court . The bill states that in response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not: Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back; Discharge kinetic impact projectiles indiscriminately into a crowd; or Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order. The bill allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses is not a defense to the civil action. The bill requires a political subdivision of the state to indemnify its employees for such a claim; except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment . The bill allows a peace officer or detention facility guard to use deadly physical force only when necessary to effect an arrest or prevent escape from custody when the person is using a deadly weapon or likely to imminently cause danger to life or serious bodily injury. The bill repeals a peace officer's authority to use a chokehold. The bill creates a new use of force standard by limiting the use of physical force and limiting the use of deadly force when force is authorized. The bill prohibits a peace officer from using a chokehold. The bill requires a peace officer to intervene when another officer is using unlawful physical force and requires the intervening officer to file a report regarding the incident. If an peace officer fails to intervene when required, the P.O.S.T. shall decertify the officer. Beginning, January 1, 2022, the bill requires the P.O.S.T. board to create and maintain a database containing information related to a peace officer's: Untruthfulness; Repeated failure to follow P.O.S.T. board training requirements; Decertification; and Termination for cause. The bill allows the P.O.S.T. board to revoke peace officer certification for a peace officer who has failed to complete required peace officer training after giving the officer 30 days to satisfactorily complete the training . The bill requires a peace officer to have an objective justification a legal basis for making a stop contact . After making a stop contact , a peace officer shall report to the peace officer's employing agency that information that the agency is required to report to the attorney general's office division of criminal justice . The bill requires the division of criminal justice in the department of public safety to conduct, in coordination with the P.O.S.T. board, a post-investigation evaluation of all officer-involved deaths to determine and propose improvements and alterations to training of peace officers to guide future officer behavior. |
| Status: | 6/19/2020 Sent to the Governor |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
| News: | CAPITOL IDEAS: State lawmakers return to Legislature, focused on crime, costs, schools and health care Denver Broncos players push governor on prison policy: “Football is temporary. Being a Black man in America is permanent.” |
| SB20-222 | Use CARES Act Money Small Business Grant Program |
| Sponsors: | F. Winter (D) | J. Bridges (D) / M. Young (D) | P. Will (R) |
| Short Title: | Use CARES Act Money Small Business Grant Program |
| Summary: | The bill creates a small business COVID-19 grant program, financed by $20 million from the federal money allocated to the state pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act", also referred to as the "CARES Act". The Colorado office of economic development will administer the grant program and the Colorado economic development commission will contract with the Colorado housing and finance authority (CHFA) to operate the grant program. CHFA will work with nonprofit or community-based lenders that will underwrite and distribute the grants to small businesses pursuant to the program. To be eligible for a grant, a small business must have fewer than 25 employees and have been affected by economic hardship caused by the COVID-19 pandemic. A preference is given for a small business that did not qualify for or receive a paycheck protection program loan; is majority owned by veterans, women, or minorities; or is located in a rural area. $5 million is earmarked, until October 1, 2020, for tourism businesses. The federal money must be spent by December 30, 2020. The office must submit reports on the grant program to the committees of the general assembly with jurisdiction over business affairs. |
| Status: | 6/23/2020 Governor Signed |
| Calendar Notification: | Monday, June 15 2020 CONSIDERATION OF HOUSE AMENDMENTS TO SENATE BILLS (1) in senate calendar. |
| Position: | Support |
| News: |
| SCR20-001 | Repeal Property Tax Assessment Rates |
| Sponsors: | J. Tate | C. Hansen (D) / D. Esgar | M. Soper (R) |
| Short Title: | Repeal Property Tax Assessment Rates |
| Summary: | Property tax in Colorado is generally equal to the actual value of property multiplied by an assessment rate, and the resulting assessed value is multiplied by each applicable local government's mill levy. The assessment rate for residential real property is established by the general assembly in accordance with a provision of the state constitution that is commonly known as the "Gallagher Amendment" and is limited by section 20 of article X of the state constitution (TABOR). Under the Gallagher Amendment, there are 2 important classes of property for the purposes of determining the residential assessment rate: residential property and nonresidential property. The assessment rate for most nonresidential property is fixed in the state constitution at 29%. The residential assessment rate was initially set at 21%, but the rate has been adjusted prior to each 2-year reassessment cycle to keep the percentage of aggregate statewide assessed value attributable to residential property the same as it was in the year immediately preceding the new reassessment cycle. Currently, the residential assessment rate is 7.15%. The concurrent resolution repeals the Gallagher Amendment so that the general assembly will no longer be required to establish the residential assessment rate based on the formula expressed in the Gallagher Amendment. The resolution also repeals the reference to the residential rate of 21%, which last applied in 1986, prior to the first adjustment required by the Gallagher Amendment. Finally, the resolution repeals the 29% assessment rate that applies for all nonresidential property, excluding producing mines and lands or leaseholds producing oil or gas. |
| Status: | 6/23/2020 Signed by the Speaker of the House |
| Calendar Notification: | NOT ON CALENDAR |
| Position: | Support |
| News: |