The act creates the health-care services reserve corps task force (task force) in the department of public health and environment. The purpose of the task force is to evaluate and make recommendations on the creation of a health-care services reserve corps program (program), in which medical professionals could cross-train to be able to serve the state in an emergency or disaster and receive a benefit for their service.

The task force consists of at least 10 and no more than 11 members. The task force is required to consider and make findings and recommendations on issues including:

• The types of medical professionals who could participate in a health-care services reserve corps program, including how to ensure an appropriate cross section of providers;
• The types of emergencies and disasters for which the program could prepare and provide assistance, and whether the program could be deployed out of state;
• Any legal or regulatory obstacles to creating such a program;
• Liability protections for professionals and facilities participating in the program;
• Whether the program could be streamlined or integrated with existing programs or procedures;
• The types and hours of training that would be required;
• How to ensure the program and cross-training are accessible to rural medical professionals;
• The costs associated with the program;
• Issues related to insurance coverage and reimbursement;
• Consumer protections for patients being treated by the program;
• How the health-care services reserve corps would be deployed; and
• The type of benefit that could be offered and the amount, terms of, and funding for the benefit that participants would receive.

The task force is required to consult with medical and nursing schools in making recommendations related to the cross-training elements of the program and with additional stakeholders as necessary to address additional questions, including disaster response experts, affected state agencies, and entities with experience in medical malpractice insurance. The task force is authorized to consult with additional stakeholders with expertise in identifying the physical and mental health needs of Coloradans or in coordinating emergency response at the local, state, or federal level to identify additional questions for future consideration by the program. The task force is authorized to contract with an outside consultant to assist the task force in completing its work.

The task force is required to submit a report with its findings and recommendations to the house public health care and human services committee and the senate health and human services committee by December 1, 2023. The task force is required to meet at least once every 2 months. Task force members serve without compensation and are not eligible for reimbursement for expenses. The act is repealed effective September 1, 2024.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the secretary of state (secretary) and county clerk and recorders (county clerk) of certain counties to provide multilingual ballot access.

The secretary is required to establish a multilingual ballot hotline (hotline) to provide access to qualified translators or interpreters in each of the languages in the state that has at least 2,000 citizens age 18 years or older who speak English less than very well and who speak a shared minority language at home, and in any additional languages the secretary determines by rules is necessary to assist electors in translating ballot language. The secretary is required to establish the hotline for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter. The act specifies when the hotline must be available during voting periods. The secretary is also required to:

• Provide notice of the hotline to electors through election day;
• Ensure that the translators who provide translations for the multilingual hotline are qualified translators or interpreters; and
• Promulgate rules as may be necessary to create and administer the hotline.

The county clerk of any county that satisfies specified criteria is required to create, in coordination with the secretary, a minority language sample ballot (sample ballot) in any minority language spoken in the county that satisfies the following:

• The minority language is spoken by at least 2,000 citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home; or
• The minority language is spoken by at least 2.5% of citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home.

The act specifies that the sample ballot must include all of the same content that is on the English language ballot and also specifies the format of the sample ballot. In addition, the act requires that the sample ballots be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.

The county clerk of any county that satisfies specified criteria is required to provide, upon the request of an elector, an in-person minority language ballot (in-person ballot) in any minority language spoken in the county that satisfies the same criteria specified for sample ballots. An in-person ballot can be a ballot on demand, a ballot from a printed stock of ballots, or a ballot via an electronic voting device.

The act specifies that the in-person ballot must include all of the same content that is on the English language ballot and specifies that in-person ballots are required to be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.

The secretary is required to determine, pursuant to specified criteria, which counties in the state are required to provide multilingual ballot access by creating a sample ballot and providing an in-person ballot, and to notify the county clerk of any county that is required to provide such multilingual ballot access.

Legislative council staff is required to provide to the secretary a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary is required to provide each county clerk that is required to provide multilingual ballot access with a translation in the applicable minority language or languages of all content that is certified to the county clerks by the secretary of state for use by the county clerk in creating the multilingual ballot access.

For the 2021-22 state fiscal year, $82,800 is appropriated from the department of state cash fund to the department of state for use by the information technology division to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition:

• A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and
• A licensed physician provides medical treatment, including chemotherapy or removal of an ectopic pregnancy, to the mother that results in the accidental or unintentional injury to or death of the unborn child.

The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. The sale and use of contraception is not prohibited by the bill. A conviction related to the prohibition of the termination of the life of an unborn child constitutes unprofessional conduct for purposes of physician licensing.

The bill states that any act, law, treaty, order, or regulation of the United States government that denies or prohibits protection of a human person's inalienable right to life is null, void, and unenforceable in this state and that the courts of the United States have no jurisdiction to interfere with Colorado's interest in protecting human life at conception when human life begins.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act creates the "Colorado Surrogacy Agreement Act" (act). The act:

• Establishes eligibility requirements for entering into surrogacy agreements (agreements) and required elements of agreements;
• Contains provisions governing the termination of agreements and the effect of a death or a change in marital status of any of the parties to such agreements;
• Authorizes court orders recognizing and enforcing agreements;
• Specifies the duties of persons under agreements;
• Authorizes court orders determining parentage; and
• Creates new definitions for agreements.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill creates a pregnancy-based parking placard. The placard is available to a person during the last trimester of the person's pregnancy through the first 2 months after the person gives birth. The placard authorizes the person to park in reserved disability parking spaces.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

With certain exceptions, current law prohibits a concealed carry permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act creates, unless otherwise required by federal law, a public or assisted housing benefit exception to the requirement that an applicant for federal, state, or local public benefits verify lawful presence in the United States.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

To be eligible for U nonimmigrant status (U visa) from the federal government, a requestor must receive a certification form from a certifying official attesting that the person has been the victim of certain criminal activity and has been, is being, or is likely to be helpful to the detection, investigation, or prosecution of the criminal activity. The act sets a required time frame for completion or denial of the certification request and sets forth the factors that may and may not be considered in the certification process. The act also prohibits certain disclosures to immigration authorities and requires law enforcement to provide crime victims with information about the U visa.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act adds a requirement, as part of mandatory health insurance coverage of preventive health care services, that health plans cover an annual mental health wellness examination of up to 60 minutes that is performed by a qualified mental health care provider. The coverage must:

• Be comparable to the coverage of a physical examination;
• Comply with the requirements of federal mental health parity laws; and
• Not require any deductibles, copayments, or coinsurance for the mental health wellness examination.

The coverage applies to large employer plans issued or renewed on or after January 1, 2022, and to individual and small group plans issued or renewed on or after January 1, 2023, if the commissioner of insurance determines, and the United States department of health and human services confirms or fails to timely respond to a request for confirmation, that the coverage for an annual mental health wellness examination does not require state defrayal pursuant to the federal "Patient Protection and Affordable Care Act". Additionally, the division of insurance (division) is directed to conduct an actuarial study to determine the effect of the coverage on insurance premiums.

The act appropriates $26,353 to the division to conduct reviews of health plans to ensure compliance with the coverage required by the bill.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act updates certain actions described as sexual exploitation of a child to reflect access and viewing due to evolving technology.

The act makes sexual exploitation of a child an extraordinary risk crime, enhancing the presumptive sentencing range in certain circumstances.

The act creates the sexual exploitation of children surcharge for any person who is convicted of or receives a deferred sentence for sexual exploitation of a child. Ninety-five percent of the surcharge goes to the sexual exploitation of children surcharge fund. The money in the fund will provide funding to the Colorado bureau of investigation (bureau) to develop and acquire, and allow the bureau to help other law enforcement agencies with developing and acquiring, necessary technological and expert resources to investigate and prosecute computer-facilitated crimes of sexual exploitation of a child.

The act requires a post-enactment review of the implementation of the act three years after it becomes law.

The act makes an appropriation of $1,894 to the judicial department from the general fund.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill repeals statutory provisions:

• Prohibiting the sale, transfer, or possession of certain large-capacity ammunition magazines; and
• Requiring each large-capacity ammunition magazine manufactured in Colorado on or after July 1, 2013, to include a permanent stamp or marking indicating that the magazine was manufactured or assembled after July 1, 2013.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

Beginning in 2023, the act allows a municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. The secretary of state is required to promulgate rules establishing the minimum system requirements and specifications for a voting system to be used in an election using instant runoff voting by December 31, 2022. After December 31, 2022, a system that has been tested and satisfies the standards promulgated by the secretary of state may be submitted for certification for use in an election using instant runoff voting. If the secretary of state certifies a system, the secretary is required to negotiate and purchase, if possible, a single annual statewide license with the provider to allow each county that uses the voting system to conduct elections using instant runoff voting. Each county that uses a voting system to conduct an instant runoff voting election under a statewide license obtained by the secretary of state is required to pay its share of the cost of the license as a proportion of the total number of counties that used the system that year.

On and after January 1, 2023, a statutory city or town or home rule municipality located in a single county that has taken formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election by providing written notice to the county clerk and recorder. If the county uses a voting system that is certified for use in an election using instant runoff voting, the county clerk and recorder must conduct the election as part of the coordinated election. The municipality referring the election is responsible for any reasonable additional costs the county incurs as a result of conducting an instant runoff voting election, including any licensing costs paid by the county.

On and after July 1, 2026, a municipality located in more than one county may refer an election using instant runoff voting to be conducted as part of a coordinated election by notifying the county clerk and recorder of each county. The counties are required to conduct the election using instant runoff voting only if each county receives timely notice, each county uses a voting system certified for such use, and the data from all the counties' voting systems can be tabulated together in accordance with rules promulgated by the secretary of state for conducting instant runoff elections across multiple counties. The counties and the municipality are required to enter into an agreement for the conduct of the election, which must specify the procedures for the county canvass boards to canvass the election. Each county canvass board is required to certify the abstract of votes cast and provide tabulation data to the designated election office for the municipality in accordance with rules adopted by the secretary of state.

The secretary of state is required to promulgate rules related to instant runoff voting elections including the procedures for conducting logic and accuracy tests and risk limiting audits, and for the tabulation, reporting, and canvassing of results.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires a provider of services related to child and youth out-of-home placement (service provider) to provide fair and equal access to all available programs, benefits, and services offered by the service provider. Services related to out-of-home placement must be provided in a manner that is culturally responsive to the complex social identity of the child or youth receiving such services.

A service provider is prohibited from denying any person the opportunity to become an adoptive or a foster parent, or delaying or denying the placement of a child or youth for adoption or into foster care, on the basis of the real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the prospective adoptive or foster parent or the child unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth.

The act requires that foster parent training include instruction on the right of a foster child or youth to have fair and equal access to all available services and other health and educational services available to foster children and foster youth, including siblings in foster care.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act replaces the term "illegal alien" with "worker without authorization" as it relates to public contracts for services.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill requires the court, when determining the type of bond and conditions of release for a person arrested for violating a protection order, if it sets a bond with a monetary condition, to set the amount not less than:

• $10,000 for the person's first arrest for violating a protection order; and
• $25,000 for the person's second or subsequent arrest for violating a protection order.

The bill does not prohibit the court from determining the type of bond or non-monetary conditions of release to a person's bond.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

Federal law requires federally licensed firearms dealers to conduct background checks of prospective transferees prior to transferring a firearm by contacting the national instant criminal background check system (NICS). A dealer is not required to conduct a NICS background check of a prospective transferee if the transferee presents a state license or permit that is recognized by the federal bureau of alcohol, tobacco, firearms, and explosives (ATF) as an alternative to a NICS background check. In order to be eligible for recognition, a permit must have been issued within 5 years before the transfer and the state must have completed a NICS background check prior to issuing the permit.

The bill makes a Colorado-issued permit to carry a concealed handgun eligible for recognition as an alternative to a NICS background check by requiring a sheriff to receive the results of a background check prior to issuing or renewing the permit. The Colorado attorney general is required to contact the ATF to request that a Colorado-issued permit qualifies as an alternative to the federal background check requirement. Upon approval by the ATF, a concealed carry permit issued after the effective date of the bill can be used to satisfy a background check required by state or federal law. A permit issued in another state that is otherwise recognized in Colorado is not valid as a substitute for a background check.

A prospective transferee who presents a permit as an alternative to a background check must attest, in writing, that the person has not, since the issuance of the permit, been convicted of a crime of domestic violence or been treated for a mental health condition, or is otherwise ineligible to possess a firearm pursuant to state or federal law.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act requires the state department of human services (state department) to reimburse a county or district department of human or social services (county department) for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is 15 to 20 years of age.

The act does not waive or limit a county department's governmental immunity or place any liability on a county department for:

• Contracting with a driving school to provide driving instruction to an individual who is in the custody of the county department; or
• An injury alleged to have occurred while an individual in the custody of the county department received driving instruction.

The act requires the state board of human services to promulgate rules on or before December 1, 2021, to administer the new requirements.

The act states that:

• A guardian ad litem, an official of a county department, or an official of the division of youth services in the state department who signs a minor's application for an instruction permit or a minor driver's license but does not sign an affidavit of liability does not impute liability on themselves, on the county, or on the state for any damages caused by the negligence or willful misconduct of the applicant; and
• An individual who is in the custody of the state department or a county department who does not possess all of the required documents to apply for an instruction permit or a minor driver's license may be eligible for exception processing pursuant to rules of the department of revenue.

The act requires the executive director of the department of revenue to promulgate rules on or before November 1, 2021, establishing, to the extent permissible under federal law, forms of documentation that are acceptable for the purpose of allowing individuals who are in the custody of the state department or a county department to verify their legal residence in the United States, establish identity, and satisfy any other prerequisites for the acquisition of an instruction permit or a minor driver's license.

For the 2021-22 state fiscal year, the act appropriates $54,180 to the department of human services for use by the division of child welfare to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates a regulatory and service system to provide secure transportation services, with different requirements from traditional ambulance services, for individuals experiencing a behavioral health crisis. The department of human services shall allow for the development of secure transportation alternatives.

The board of county commissioners of the county in which the secure transportation service is based (commissioners) shall issue a license to an entity (licensee), valid for 3 years, that provides secure transportation services if the minimum requirements set by rule by the state board of health are met or exceeded. The commissioners shall also issue operating permits, valid for 12 months following issuance, to each vehicle operated by the licensee. A fee may be charged for each license to reflect the direct and indirect costs to the applicable county in implementing secure transportation services licensure. The state board of health is given authority to promulgate rules concerning secure transportation licensure.

The department of health care policy and financing (department) is directed to create and implement a secure transportation benefit on or before January 1, 2023. The department is required to include information on secure transportation services and benefits in its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report.

The act exempts secure transportation services from regulation under the public utilities commission.

For the 2021-22 state fiscal year, the act appropriates $46,800 to the department of health care policy and financing for use by the executive director's office, of which $39,993 is from the general fund and is $6,807 from the healthcare affordability and sustainability fee cash fund and provides 0.9 FTE.

For the 2021-22 state fiscal year, the act appropriates $46,490 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division and provides 0.6 FTE.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill provides that only an elector who has provided proof of citizenship can vote in an election. Registered electors who have presented a county clerk and recorder with proof of citizenship receive regular mail ballots. All other registered electors receive provisional mail ballots. Electors who receive provisional mail ballots must present those ballots at the county clerk and recorder's office and must provide proof of citizenship at the county clerk and recorder's office.

The bill also ensures that only voters who have provided proof of citizenship can cast a regular in-person ballot.

Finally, the bill requires the computerized statewide voter registration list maintained by the secretary of state to note whether an elector has shown proof of citizenship.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act addresses multiple recommendations from the Colorado behavioral health task force (task force), created in 2019, related to the creation of a behavioral health administration (BHA). The BHA would be a single state agency to lead, promote, and administer the state's behavioral health priorities.

The act requires the department of human services (department) to submit a plan for the creation of the BHA on or before November 1, 2021, to the joint budget committee and to the department's committees of reference. The act outlines what the plan must, at a minimum, include. The essential duties of the BHA, once established, are set forth.

A timeline is described for the establishment of the BHA in the department and for a future determination of the state department in which the BHA will exist, if different than the department of human services.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill creates a civil cause of action for a person who suffers injury or damages as a result of not being able to use a firearm to defend himself, herself, or his or her family as a result of a temporary extreme risk protection order or an ongoing extreme risk protection order. The civil action may be brought against any person who drafted, proposed, promoted, or provided support, financial or otherwise, to pass, implement, or enforce House Bill 19-1177, extreme risk protection orders. A successful plaintiff is entitled to attorney fees and compensatory damages or liquidated damages.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

Current law does not expressly recognize domestic abuse as a form of child abuse or neglect. The act establishes a domestic abuse task force (task force) that will develop a statutory definition for the Colorado Children's Code to define "domestic abuse". The statutory definition should recognize the impact domestic abuse may have on the emotional and developmental well-being of a child. The task force shall review recommendations from the department of human services' domestic violence program and child welfare workgroup (workgroup) to develop the statutory definition. The act requires the department of human services (department) to report the recommended definition to committees of the general assembly no later than December 2022.

Under current law, child welfare caseworkers do not have established training policies or assessment procedures to identify and assess situations when a child's parent, legal guardian, or custodian exposes a child to their perpetration of domestic abuse. The act requires the department to promulgate rules based on recommendations from the workgroup to create, implement, and update assessment policies, procedures, and training standards for child welfare caseworkers to recognize, respond to, and assess child abuse or neglect related to domestic abuse while appropriately considering the role of the non-abusive caregiver, the abusive parent, and cultural considerations.

For the 2021-22 state fiscal year, $22,500 is appropriated from the general fund to the department of human services for use by the division of child welfare for administration.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

When a child is taken into the custody of a county department of human or social services (county department) for allegations of neglect or for other reasons, the act requires the court to enter temporary visitation orders with the child's parent if such orders are in the child's best interests. The act sets forth the contents of those orders and requires contact to commence within 72 hours after a hearing unless the court delays the contact. Absent the issuance of an emergency order, a parent is entitled to a hearing prior to an ongoing reduction in, suspension of, or increase in the level of supervision, including a change from in-person visitation to virtual visitation. The act requires the court to enter visitation orders consistent with the act in various phases of the court proceedings.

The act sets forth requirements for an open adoption in Colorado, including provisions for entering into post-adoption contact agreements between a child and the child's birth parent or parents, a birth relative, or an Indian tribe if the child is a member. A post-adoption contact agreement may include provisions for contact, visitation, or the exchange of information. If a child is 12 years of age or older, the court shall not order a post-adoption contact agreement unless the child consents to all terms of the contact agreement. The act includes provisions for the enforcement, modification, and termination of a post-adoption contact agreement.

The act creates a task force on high-quality parenting time (task force) in the state department of human services to examine the current policies and statutes governing parenting time in dependency and neglect cases and to study best practices for the provision and determination of individualized plans for parenting time and to make recommendations to the general assembly for administrative or statutory changes to support high-quality parenting time. The task force includes a steering committee selected by executive branch agency directors, and members jointly appointed by the steering committee representing the judicial system and the child welfare system, as well as parents, social workers, and other members described in the act. The act includes specific areas of study by the task force. The task force shall submit a written report by October 1, 2022, to the governor, certain committees of the general assembly, the department of human services, and the child welfare training academy. The report must include the task force's findings concerning best practices to improve high-quality parenting services and practices in dependency and neglect cases and recommendations for changes to implement those best practices.

The act appropriates $13,879 from the general fund to the department of human services for use by the office of information technology services for Colorado TRAILS.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Section 1 of the act authorizes the department of human services (department) to make fuel assistance payments to supplemental nutrition assistance program recipients to maximize their federal heating and cooling standard utility allowance. Money for the fuel assistance payments comes from a portion of the money collected from the energy assistance system benefit charge (charge), which is a monthly charge that investor-owned electric and gas utilities are required to collect from their customers. Money for the fuel assistance payments is credited to the supplemental utility assistance fund, which fund is continuously appropriated to the department.

Section 2 removes the low-income energy assistance program administered by Energy Outreach Colorado (EOC) from the grant program reserve funded by tier 2 severance tax operational fund money.

Section 3 clarifies that the definition of a "low-income utility customer", with regard to the public utilities commission's (PUC) consideration of a preference or advantage that a gas or electric utility grants a low-income utility customer, means a utility customer who meets the department's income eligibility criteria.

Sections 4 and 5 make modifications to the legislative commission on low-income energy assistance, wherein section 4 expands the commission's scope to include water utility assistance and section 5 reduces the composition of the commission from 11 members to 7 members. Section 5 moves the commission from the department to the Colorado energy office (office) on May 1, 2022. Section 5 also requires the commission to:

• Advise the office on grants awarded from the federal department of energy regarding the office's weatherization assistance program;
• Advise water utilities that provide their customers with utility assistance and efficiency programs; and
• Review EOC's annual budget that it submits to the PUC regarding the use of funding for utility bill payment assistance.

Section 6 updates the legislative declaration regarding low-income energy assistance with regard to the benefit of allowing all water utilities to participate voluntarily in a program to provide financial assistance to customers in low-income households.

Sections 7, 8, and 10 to 12 concern the creation of the charge. From October 2021 through September 2022, the initial amount of the charge per customer is 50 cents for electric service provided and 50 cents for natural gas service provided, and, after September 2022, each is raised to 75 cents. Commencing October 1, 2023, the charge is adjusted for inflation. Investor-owned utilities are required to remit the charges collected to EOC to help finance low-income energy assistance programs. Additionally, each investor-owned utility is required to notify customers of:

• The possibility of exemption from paying the charge for a period of 12 months based on having received direct utility bill payment assistance from EOC in the previous 12 months; and
• Contact information for opting out of paying the monthly charge.

EOC is required to allocate a portion of the money collected from the charge to the department for its fuel assistance payments and use another portion for EOC's community outreach about the charge, with the remainder of the money collected split between EOC and the office for helping to finance their energy assistance programs.

Sections 9 and 13 concern voluntary, opt-in charges that a water utility may offer its customers to help finance the water utility bill payment assistance program that EOC administers. Alternatively, a water utility may implement its own water utility bill payment assistance program.

Section 14 requires EOC and the office, when installing energy retrofits for low-income households, to prioritize customer savings, emission reductions, and improving indoor air quality.

Section 15 governs reporting requirements for EOC and the office regarding use of the money collected from the charge and, for EOC, additional reporting requirements on voluntary, opt-in monthly water utility bill payment assistance collections.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill requires that firearms be responsibly and securely stored when they are not in use to prevent access by unsupervised juveniles and other unauthorized users. The bill creates the offense of unlawful storage of a firearm if a person stores a firearm in a manner that the person knows, or should know:

• That a juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or
• A resident of the premises is ineligible to possess a firearm under state or federal law.

Unlawful storage of a firearm is a class 2 misdemeanor.

The bill requires licensed gun dealers to provide with each firearm, at the time of a firearm sale or transfer, a locking device capable of securing the firearm. Transferring a firearm without a locking device is an unclassified misdemeanor punishable by a maximum $500 fine.

The bill requires the state court administrator to annually report to the general assembly about the number of charges related to unsafe firearms storage and the disposition of those charges.

The bill requires the office of suicide prevention within the department of public health and environment (department) to include on its website, and in materials provided to firearms-related businesses and health care providers, information about the offense of unlawful storage of a firearm, penalties for providing a handgun to a juvenile or allowing a juvenile to possess a firearm, and the requirement that gun dealers provide a locking device with each firearm transferred. Subject to available money, the department is required to develop and implement a firearms safe storage education campaign to educate the public about the safe storage of firearms, and state requirements related to firearms safety and storage, and information about voluntary temporary firearms storage programs .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

The act makes it unlawful for a person to make available on the internet the personal information of a public health worker if the dissemination of the personal information poses an imminent and serious threat to the public health worker's safety or the safety of the public health worker's family. "Public health worker" is defined in the act to include contractors or employees of contractors of the department of public health and environment or of county or district public health agencies, who are engaged in public health duties, and members of county or district boards of health, other than elected county commissioners. A violation of this law is a class 1 misdemeanor.

Further, a public health worker meeting certain requirements specified in statute may submit a written request to a state or local government official to remove personal information from public records that are available on the internet.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act adds the terms "gender expression" and "gender identity" to statutes prohibiting discrimination against members of a protected class, including statutes prohibiting discriminatory practices in the following areas:

• Membership of the Colorado civil rights commission;
• Employment practices;
• Housing practices;
• Places of public accommodation;
• Publications that advertise places of public accommodation;
• Consumer credit transactions;
• Selection of patients by direct primary health care providers;
• Sales of cemetery plots;
• Membership in labor organizations;
• Colorado labor for public works projects;
• Issuance or renewal of automobile insurance policies;
• The provision of funeral services and crematory services;
• Eligibility for jury service;
• Issuance of licenses to practice law;
• The juvenile diversion program;
• Access to services for youth in foster care;
• Enrollment in a charter school, institute charter school, public school, or pilot school;
• Local school boards' written policies regarding employment, promotion, and dismissal;
• The assignment or transfer of a public school teacher;
• Leasing portions of the grounds of or improvements on the grounds of the Colorado state university - Pueblo and the Colorado school of mines;
• Enrollment or classification of students at private occupational schools;
• Training provided to peace officers concerning the prohibition against profiling;
• Criminal justice data collection;
• Employment in the state personnel system;
• The availability of services for the prevention and treatment of sexually transmitted infections;
• Membership of the health equity commission;
• The availability of family planning services;
• Requirements for managed care programs participating in the state medicaid program and the children's basic health plan;
• The treatment of and access to services by individuals in facilities providing substance use disorder treatment programs;
• Employment practices of county departments of human or social services involving the selection, retention, and promotion of employees;
• Practices of the Colorado housing and finance authority in making or committing to make a housing facility loan;
• The imposition of occupancy requirements on charitable property for which the owner is claiming an exemption from property taxes based on the charitable use of the property;
• Practices of transportation network companies in providing services to the public; and
• The determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act adds language to strengthen current Colorado law related to protections against discrimination on the basis of disability for persons with disabilities, specifically as those laws relate to accessibility to government information technology. The added provisions include:

• Prohibiting a person with a disability from being excluded from participating in or being denied the benefits of services, programs, or activities of a public entity or a state agency;
• Clarifying that such prohibition includes the failure of a public entity or state agency to develop an accessibility plan and fully comply, on or before July 1, 2024, with accessibility guidelines established by the office of information technology (office);
• Any Colorado agency with the authority to promulgate rules shall not promulgate a rule that provides less protection than that provided by the "Americans with Disabilities Act of 1990".

Definitions related to disabilities are added to the statutory sections for the office. The chief information officer in the office is directed to maintain accessibility standards for individuals with disabilities (accessibility standards) for information technology systems employed by state agencies that provide access to information stored electronically and are designed to present information for interactive communications, in formats intended for visual and nonvisual use.

The chief information officer in the office is directed to promote and monitor the accessibility standards in the state's information technology infrastructure. The act directs each state agency to comply with the accessibility standards established by the office. The accessibility standards must be established using the most recent web content accessibility guidelines promulgated and published by the world wide web consortium web accessibility initiative or the international accessibility guidelines working group.

The act directs each state agency, on or before July 1, 2022, to submit its written accessibility plan to the office. The office shall then work collaboratively with the state agency to review sections related to accessibility standards and to establish implementation methodology. On or before July 1, 2024, each state agency shall fully implement the sections of the state agency's plan related to accessibility standards. The act states that any state agency that is not in full compliance by July 1, 2024, is in violation of the state's laws concerning discrimination against individuals with a disability and is subject to the remedies set forth in statute.

Liability for noncompliance as to content lies with the public entity or state agency that manages the content, whereas noncompliance of the platform hosting the content lies with the public entity or state agency that manages the platform.

For the 2021-22 state fiscal year, the act appropriates $312,922 to the office of the governor for use by the office of information technology. This appropriation is from the general fund and is based on an assumption that the office will require an additional 0.9 FTE. To implement this act, the office may use this appropriation for enterprise solutions.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The act also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control.

The act prohibits a local government from exercising this new regulatory authority unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more among a list of specified actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units.

The act requires the department of local affairs to offer guidance to assist local governments in connection with its implementation.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act broadens the state's priorities and focus on suicide and suicide attempts and the after-effects of those actions on attempt survivors, family, friends, health-care providers, first and last responders, educators, and students in schools where a suicide or suicide attempt has occurred.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill creates the "Guard Training and Standards Act" (Act). The Act requires the following persons to obtain a license to practice their occupation:

• Armed guards who, for financial compensation, carry a firearm and may use physical force to protect a person or property;
• Protection guards who, for financial compensation, may use physical force to protect a person or property; and
• Security guards who, for financial compensation, secure a person or property.

The Act also requires a guard employer to be registered with the director of the division of professions and occupations in the department of regulatory agencies (director).

The licensing is administered by the director, who, subject to the administrative procedures act, has the power and duty to:

• Promulgate rules;
• Establish licensure fees;
• Investigate, hold hearings, and gather evidence;
• Enter, during business hours, the business premises of a licensee where violations are alleged to have occurred;
• Take disciplinary action upon proof of a violation of the Act or the rules promulgated to implement the Act;
• Issue cease-and-desist orders;
• Apply to a court for an order enjoining any act or practice that violates the Act;
• Approve training programs that are required to meet the standards for licensure as a protection guard or an armed guard;
• Implement a requirement that protection guards and armed guards wear body cameras and record interactions with members of the public in a similar manner to the requirements for peace officers;
• Set marking, design, and equipment standards for motor vehicles used by a guard in the guard's duties;
• Set standards for uniforms, including external identification, worn by a guard;
• Set standards for when it is appropriate to wear plain clothes and for the issuance of a plainclothes permit; and
• Establish a procedure and standards for waiving a portion of the training required for a protection guard or an armed guard to be issued a license.

A person may use the titles of "security guard", "protection guard", or "armed guard" only if the person is licensed. A person who engages in the occupation of being a guard without the required license or who employs a guard without a registration commits a class 2 misdemeanor for the first offense and a class 6 felony for the second or subsequent offense. Peace officers are exempt from the licensing requirements.

To be issued a license, a person must apply, pay a fee, prove qualifications as required in the Act, and submit to a criminal history background check. Upon being licensed, the person is given a license document that contains the guard's photograph and other relevant information.

Security guards are prohibited from carrying a firearm and using physical force to secure or protect people or property. To be qualified for a security guard license, a person must not have a conviction within the last 10 years for certain crimes that relate to violence or unlawful sexual behavior or for attempting or conspiring to commit these types of crimes.

Protection guards are prohibited from carrying a firearm. To be qualified for a protection guard license, a person must:

• Not have a conviction, within the last 10 years, for the same type of crimes described for security guards; and
• Have successfully completed 80 hours of training that is approved by rule and covers the obligations and restrictions imposed on a protection guard by the Act.

To be qualified for an armed guard license, a person must:

• Have a concealed carry permit for firearms;
• Not have a conviction, within the last 10 years, for the same type of crimes described for security guards;
• Have successfully completed 80 hours of training that is approved by rule and covers the obligations and restrictions imposed on an armed guard by the Act; and
• Have completed firearms training that is substantially equivalent to the training required to be certified as a peace officer.

To renew a protection guard license or armed guard license, the license holder must successfully complete 8 hours of training approved by the director by rule.

Within 30 days after a felony or misdemeanor conviction for certain listed crimes, which are broader than the crimes that disqualify a person to be a guard because the crimes cover certain property offenses and offenses involving fraud, a guard must report the conviction to the director. Within 30 days after terminating the employment of a guard for misconduct, a guard employer must report the termination and the misconduct that is the basis for the termination to the director. Within 30 days after using physical force to protect a person or property, a guard and the guard's employer must report the use of physical force to the director. The report must include the demographic information, as required by rule, of the guard using physical force and of the individual subjected to the physical force.

The director will maintain a database of licensed guards. The database contains the name of each licensee and the following information about each licensee:

• Each criminal conviction of the type the guard must report; and
• Each termination of employment for misconduct and the misconduct.

The director will make the database available, including online through the director's website, to a registered guard employer.

The Act establishes standards of conduct for guards that include obeying the Act and rules promulgated under the Act and the following standards:

• All guards must:
• Wear a uniform unless the guard has been issued a plainclothes permit;
• Carry the guard's license;
• Use a vehicle that complies with the marking, design, and equipment rules promulgated by the director; and
• Not use a canine to detect explosive devices unless the canine is certified by a nationally recognized training association or a law enforcement agency, and the guard handling the canine is one of the canine's primary handlers.
• An armed guard must wear a form of identification on the outermost part of the armed guard's uniform.

The director sets standards for issuing a plainclothes permit.

The director may discipline each type of guard or a guard employer for:

• Fraud or intentional misrepresentation in obtaining or attempting to obtain, reinstate, or renew a license;
• Violating a currently valid order of the director;
• Violating the Act or a rule promulgated under the Act;
• Being convicted of a felony when acting within the course and scope of the guard's duties;
• Using false advertising or intentionally misleading advertising;
• Failing to meet the mentioned standards of practice;
• Failing to pay a fine assessed by the director; and
• Using deadly force or authorizing the use of deadly force against any individual unless the use of deadly force is necessary to prevent an immediate risk of serious physical harm to an individual.

The director may discipline or require additional training of:

• A security guard for using unlawful physical force on another person;
• A protection guard or armed guard for:
• Failing to use a body camera;
• Using physical force that is prohibited for peace officers to use; or
• Being convicted of a crime that would disqualify the protection guard or armed guard from being issued a license; and
• A guard employer for:
• Authorizing a guard to take an action that is a ground for discipline;
• Failing to ensure that protection guards and armed guards use body cameras; or
• Failing to make a required report.

The director may adopt rules establishing fines that the director may impose on a licensee for violating the Act or rules under the Act, with a minimum fine of not less than $50 and a maximum fine of not more than $5,000 per violation.

In accordance with the sunset law, the Act will repeal on September 1, 2031. Before the repeal, the Act is scheduled for review by the department of regulatory agencies.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act updates language that must be included on a court summons issued to a defendant-tenant in an eviction action explaining the consequences for failing to answer the complaint, the content of an answer, and the fees and deposits related to filing an answer.

The act prohibits a county sheriff from executing a writ of restitution, which directs the sheriff to assist the landlord in removing the tenant, until at least 10 days after a landlord wins judgment in an eviction action.

The act prohibits residential landlords from increasing rent more than one time in a 12-month period of tenancy. For a residential tenancy of any duration in which there is no written agreement, the act requires a landlord to give a tenant 60 days' notice prior to increasing rent. The act prohibits a landlord from terminating a residential tenancy in which there is no written agreement with the primary purpose of increasing a tenant's rent without providing 60 days' notice.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act establishes the commission on improving first responder interactions with persons with disabilities (commission) in the attorney general's office. The commission is comprised of 12 members appointed by the attorney general, including 2 persons with a disability, 2 parents of a child with a disability, 2 representatives from advocacy organizations, a person from a disability community not otherwise represented on the commission, a representative of a statewide organization of current and former peace officers, a representative of a statewide organization of chiefs of police, a representative of a statewide organization of county sheriffs, a member of the peace officer standards and training board (P.O.S.T. board), and a member of the P.O.S.T. board's curriculum subject matter expert committee.

After reviewing the existing Colorado peace officer training and existing available curricula, the commission must recommend to the P.O.S.T. board a curriculum for peace officer training concerning interactions with persons with disabilities. Subject to available appropriations, the P.O.S.T. board must implement the recommended curriculum by July 1, 2022. The commission is required to review implementation of the curriculum and may recommend changes that the P.O.S.T. board may adopt.

The commission is repealed on December 31, 2023, but prior to its repeal the attorney general may recommend continuation of the commission.

The act requires the fire service training and certification advisory board to advise the director of the division of fire prevention and control on whether to include the commission's curriculum or similar curriculum in the fire service education and training program. The department of public health and environment is required to consider including the commission's curriculum in training for personnel who routinely respond to emergencies.

The act makes an appropriation of $39,775 to the department of law for use by the P.O.S.T. board.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill suspends the administration of state assessments, contingent on a change to federal law or a waiver of federal law from the federal department of education, for the following instructional areas for the 2020-21 school year:

• Science administered to students enrolled in grades 5, 8, and 11;
• Math administered to students enrolled in grades 3 through 8;
• English language arts administered to students enrolled in grades 3 through 8; and
• Social studies administered to students enrolled in grades 4 and 7.

The bill prohibits a school district from using student academic growth measures or student performance measures when evaluating teachers and principals for the 2020-21 school year.

The bill requires a school or a school district to implement the school plan type that was assigned in the preceding school year. The bill requires the department of education, in determining the number of school years that a school or school district is on performance watch, to exclude the 2019-20 and 2020-21 school years, and count the 2021-22 school year as if it were consecutive to the 2018-19 school year.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

House Bill 00-1351, enacted in 2000, removed the provision permitting a child care contribution income tax credit for an in-kind contribution. Accordingly, the act removes all references in the statute to an in-kind contribution. The act also repeals an obsolete provision that was only applicable to the income tax year that commenced on or after January 1, 1999, but prior to January 1, 2000.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act suspends the administration of state assessments, contingent on receiving a waiver of federal law from the federal department of education, for the following instructional areas and grade levels for the 2020-21 school year:

• Science for students enrolled in grades 5, 8, and 11;
• Math for students enrolled in grades 3, 5, and 7; and
• English language arts for students enrolled in grades 4, 6, and 8.

For the 2020-21 school year, the act suspends administration of the social studies assessment for students enrolled in elementary and middle school.

The act allows the parent of a student enrolled in a grade for which administration of the English language arts or math assessment is suspended to request through the local education provider in which the student is enrolled that the student participate in the English language arts assessment or the math assessment.

The act prohibits a school district from using student academic growth measures or student performance measures when evaluating licensed personnel for the 2020-21 school year.

The act requires a school or school district or the state charter school institute to implement the performance plan type that was assigned in the preceding school year. The act also requires the department of education (department), in determining the number of school years that a school or school district or the institute is on performance watch or subject to 2-year review, to exclude the plan types for the 2020-21 and 2021-22 school years and count the plan type for the 2022-23 school year as if it were consecutive to the 2019-20 school year.

If required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its plan type for the 2019-20 school year, the act allows a school or school district or the institute to request a plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence.

For the 2020-21 and 2021-22 school years, the act suspends the requirement that the department determine annually the level of attainment for public schools, school districts, the institute, and institute charter schools based on performance indicators.

The act reduces the appropriation to the department for the 2020-21 fiscal year.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. The act repeals the prohibition on July 1, 2024.

The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. The prohibition does not apply to inventory purchased before January 1, 2024, and used on or before June 1, 2024, which may be supplied to a customer at the point of sale for a 10-cent or greater fee.

Between January 1, 2023, and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located.

On and after January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located.

A store is required to remit, on a quarterly basis beginning April 1, 2024, 60% of the carryout bag fee revenues to the municipality or county within which the store is located and may retain the remaining 40% of the carryout bag fee revenues. A municipality or county may use its portion of the carryout bag fee revenues to pay for its administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities.

The carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.

The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.

The act also authorizes a local government to enforce against a violation of the act and expressly authorizes a county to impose a civil penalty against a store or retail food establishment of up to $500 for a second violation or up to $1,000 for a third or subsequent violation; except that a local government cannot enforce a violation committed by a retail food establishment located within a school.

On and after July 1, 2024, a local government may enact, implement, or enforce an ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than the requirements set forth in the act.

The act does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

A crime victim is entitled to compensation under the "Colorado Crime Victim Compensation Act" if, in part, the victim cooperates with law enforcement officials. The act clarifies that a victim of strangulation satisfies the cooperation requirement by undergoing a medical forensic examination.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act directs the state department of health care policy and financing (department) to obtain a vendor to provide a comprehensive care coordination and treatment training model (model) for persons who work with persons with intellectual and developmental disabilities and co-occurring behavioral health needs. The selected vendor must be able to provide the model using teleconferencing formats to better reach rural areas of the state. Case management agencies, mental health centers, and program-approved service agencies shall nominate up to 20 providers to receive the training. The department may select an additional 10 providers from underserved areas of the state to receive the training.

For the 2021-22 state fiscal year, $67,680 is appropriated to the department of health care policy and financing for use by the executive director's office. This appropriation is from the general fund. The office may use this appropriation for general professional services and special projects to implement the provisions of the bill.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill creates the Colorado bipartisan election commission (commission) in the department of state, a 5-member panel whose main function is to make recommendations to the secretary of state (secretary) and the general assembly concerning the manner in which a comprehensive audit of the state's election processes is to be conducted.

The bill specifies requirements relating to the qualifications of persons appointed to the commission and the operation of the commission. The commission is to determine such matters as the scope of the audit, the matters to be audited, and the procedures that will guide the audit.

The bill also requires the commission to consider whether an audit should consider additional issues specified in the bill.

The commission is required to prepare a report summarizing its findings and conclusions by December 1, 2021. The report must include the commission's recommendation on the manner in which a comprehensive audit of the state's election processes must be conducted. The commission may also include in its report any recommendations for changes in the Colorado Revised Statutes or the election rules of the secretary of state that will facilitate the administration of secure and fair elections in the state. The commission is required to submit its report to the secretary, the legislative audit committee, and the general assembly.

The commission is repealed September 1, 2022.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act" as recommended by the national conference of commissioners on uniform state laws. The bill allows a peace officer to enforce a Canadian domestic violence protection order. The bill allows a court to enter an order enforcing or refusing to enforce a Canadian domestic violence protection order. The bill provides immunity for a person who enforces a Canadian domestic violence protection order.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill requires health-care providers that perform induced terminations of pregnancies to report specified information concerning the women who obtain the procedure to the state registrar of vital statistics in the department of public health and environment. The reported information must not include information that could identify the women who obtained induced terminations of pregnancies.

The bill requires the state registrar to annually create a summary report of the information reported by health-care providers and to make the report available to the public. The bill places limitations on how and to whom the state registrar may release the information reported to the state registrar. A physician or physician assistant who falsifies or fails to submit the required information engages in unprofessional conduct pursuant to the "Colorado Medical Practice Act". An advanced practice registered nurse who falsifies or fails to submit the required information is subject to discipline pursuant to the "Nurse and Nurse Aide Practice Act".

(Note: This summary applies to this bill as introduced.)

Fiscal Note

Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:

• For hydrogen cyanide, 10,000 pounds;
• For hydrogen sulfide, 5,000 pounds; and
• For benzene, 5,000 pounds.

The act changes the definition of "covered facility" to include specific listed North American industry classification system codes and expands upon the requirements applicable to covered facilities by:

• Directing the air quality control commission to consider, at least every 5 years, adding new types of covered facilities and covered air toxics;
• Requiring that a covered facility's outreach to communities near the covered facility be conducted in the 2 most prevalent languages spoken in the communities; and
• Requiring covered facilities to conduct real-time fenceline monitoring of covered air toxics and to publicly report the results of the monitoring.

The act also requires the division of administration in the department of public health and environment to:

• Establish notification thresholds for covered air toxics, the exceedance of which covered facilities must disclose to the affected community; and
• Conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results, and authorizes the division to spend up to $800,000 from the general fund to buy a mobile air-quality monitoring van to use for community-based monitoring.

The act appropriates $480,939 from the stationary sources control fund to the department of public health and environment to implement the act, of which $12,761 is reappropriated to the department of law for the provision of legal services to the department of public health and environment and $283,896 is reappropriated to the office of the governor for use by the office of information technology for the provision of information technology services for the department of public health and environment.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under federal law, money deposited in a qualified tuition program under section 529 of the internal revenue code (529 plan) grows tax deferred and is withdrawn tax free when used for eligible expenses. In addition to the federal tax benefit, the state provides an incentive for the deposit of money into a 529 plan by offering a state income tax deduction for contributions to such 529 plans.

In 2019, the federal government included paying principle or interest on any qualified education loan, up to $10,000 per year, as an eligible expense.

Current law requires the state income tax deduction to be recaptured from the taxpayer if a distribution is not used for listed purposes. The bill specifies that using a 529 plan for paying principle or interest on any qualified education loan, not to exceed $10,000, is also an eligible distribution for purposes of the state income tax deduction for contributions to such 529 plans.

The bill also requires collegeinvest to provide the department of revenue with a secure electronic report containing information for the 529 plan owners and third-party contributors necessary for the administration of the income tax deduction.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act creates the immigration legal defense fund (fund). The department of labor and employment, as the administrator, awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are subject to an immigration proceeding. The act lists permissible uses of grant money awarded from the fund.

Organizations that receive a grant from the fund are required to report to the administrator certain information about persons served and services provided by the organization.

For the 2021-22 state fiscal year, the act appropriates $100,000 to the immigration legal defense fund from the general fund.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Beginning June 1, 2022, a health-care facility shall screen each uninsured patient for eligibility for public health insurance programs, discounted care through the Colorado indigent care program (CICP), and discounted care as described in the act. Health-care facilities shall use a single uniform application developed by the department of health care policy and financing (department) when screening a patient. If a health-care facility determines a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination.

Beginning June 1, 2022, for emergency and other non-CICP health-care services provided to patients qualified for public health insurance or discounted care, a health-care facility and licensed health-care professional shall limit the amounts charged to not more than the discounted rate established by the department; collect amounts charged in monthly installments such that a patient is not paying more than 4% of the patient's monthly household income on a bill from a health-care facility and not paying more than 2% of the patient's monthly household income on a bill from each licensed health-care professional; and after a cumulative 36 months of payments, consider the patient's bill paid in full and permanently cease any and all collection activities on any balance that remains unpaid.

Beginning June 1, 2022, a health-care facility shall make information about patient's rights and the uniform application for discounted care available to the public and to each patient.

Beginning June 1, 2023, and each June 1 thereafter, each health-care facility shall report to the department data that the department determines is necessary to evaluate compliance across patient groups based on race, ethnicity, age, and primary language spoken with the required screening, discounted care, payment plan, and collections practices.

No later than April 1, 2022, the department shall develop a written explanation of a patient's rights, make the explanation available to the public and each patient, and establish a process for patients to submit a complaint relating to noncompliance with the requirements. The department shall periodically review health-care facilities and licensed health-care professionals (hospital providers) to ensure compliance, and the department shall notify the hospital provider if the hospital provider is not in compliance that the hospital provider has 90 days to file a corrective action plan with the department. A hospital provider may request up to 120 days to submit a corrective action plan. The department may require a hospital provider that is not in compliance to develop and operate under a corrective action plan until the department determines the hospital provider is in compliance. The act implements fines for hospital providers if the department determines the hospital provider's noncompliance is knowing or willful.

Beginning June 1, 2022, the act imposes requirements on hospital providers before assigning or selling patient debt to a medical creditor or before pursuing any permissible extraordinary collection action and imposes fines for any hospital provider that fails to comply with the requirements.

Beginning June 1, 2022, a medical creditor shall not use impermissible extraordinary collection actions to collect debts owed for hospital services. A medical creditor may engage in permissible extraordinary collection actions 182 days after the patient receives hospital services. At least 30 days before taking any permissible extraordinary collection action, a medical creditor shall notify the patient of potential collection actions and shall include with the notice a statement that explains the availability of discounted care for qualified individuals and how to apply for such care. If a patient is later found eligible for discounted care, the medical creditor shall reverse any permissible extraordinary collection actions.

Beginning June 1, 2022, a medical creditor shall not sell a medical debt to another party unless, prior to the sale, the medical debt seller has entered into a legally binding written agreement with the medical debt buyer in which certain terms are agreed to. The medical debt seller shall indemnify the medical debt buyer for any amount paid for a debt that is returned to or recalled by the medical debt seller.

Beginning June 1, 2022, the department shall promulgate rules prohibiting hospitals from considering assets when determining whether a patient meets the specified percentage of the federal poverty level for CICP and ensuring the method used to determine whether a patient meets the specified percent is uniform across hospitals.

The act appropriates $219,295 to the department of health care policy and financing to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires penal communications service providers (providers) who provide penal communications services (services) to correctional facilities (facilities) to maintain data and records (data) related to the services provided to those facilities. The act requires providers to submit the data and a report on the services provided to the public utilities commission (commission) on a quarterly basis. The commission is required to publish the data and report on its website in a format accessible by the public.

The commission shall establish a maximum per-minute rate for in-state debit, prepaid, and collect calls to or from facilities, and shall conduct trial tests to ensure accountability and transparency. Starting on January 1, 2022, rate caps established by the federal communications commission apply to all in-state debit, prepaid, and collect calls to or from a facility.

The act requires the commission to conduct trial tests on a statistically valid sample of penal communications services and document the test results to ensure the quality of the calls and the accountability of the service.

The act requires providers to include specific language to be displayed prominently on the provider's website concerning the filing of a complaint.

Current law exempts providers and the services provided from oversight by the commission. The act grants the commission authority over providers and the services provided.

For the 2021-22 state fiscal year, the act appropriates $259,251 to the department of regulatory agencies for use by the public utilities commission. This appropriation is from the telecommunications utility fund. To implement this act, the division may use this appropriation as follows:

• $232,101 for personal services, which amount is based on an assumption that the division will require an additional 3.0 FTE; and
• $27,150 for operating expenses.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the department of education (department) to utilize a stakeholder process when updating the model bullying prevention and education policy (model policy), which process must include the parents of students who have been bullied. At a minimum, the model policy must clearly differentiate between a conflict and bullying and differentiate between harassment and bullying and clarify the role of cyberbullying during online instruction, which may occur on or off school property.

Current law requires each school district and charter school to adopt a safe school plan that includes:

• A conduct and discipline code with a specific policy concerning bullying prevention and education (bullying policy). The act requires the bullying policy to incorporate the approaches, policies, and practices outlined in the model policy.
• Safe school reporting requirements that include the number of conduct and discipline code violations relating to a school activity or sanctioned event that are detrimental to the welfare or safety of other students or of school personnel, including incidents of bullying. The act requires incidents of bullying be listed as a separate type of violation.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan by rule on or before January 1, 2022, to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must:

• Offer health-care coverage at the bronze, silver, and gold levels of coverage;
• Include pediatric and other essential health benefits;
• Be offered through the Colorado health benefit exchange and in the individual market;
• Have a standardized benefit design that is created through a stakeholder engagement process, has a defined benefit design and cost sharing that improves access and affordability, and is designed to improve racial health equity and decrease racial health disparities;
• Provide by, among other measures, providing first-dollar, predictable coverage for certain high value services;
• Be actuarially sound and allow carriers to meet financial requirements;
• Comply with state and federal law; and
• Have a provider network (network) that is culturally responsive and reflects the diversity of its enrollees and be no more narrow than the most restrictive nonstandardized plan offered by the carrier.

Each carrier must:

• Include, as part of its network access plan for the standardized plan, a description of its efforts to construct diverse, culturally responsive networks;
• Include a majority of the essential community providers in the service area in its network; and
• Allow consumers to easily compare the standardized health benefit plans offered by each carrier.

Additionally, the act requires the commissioner to:

• Promulgate rules regarding network adequacy;
• Contract with an independent third party to conduct an analysis of the implementation of the standardized health benefit plan and the related requirements; and
• Collaborate with the health benefit exchange to conduct a consumer survey.

Beginning January 1, 2023, and each year thereafter, the act requires carriers that offer:

• An individual health benefit plan in Colorado to offer the standardized health benefit plan in the individual market in each county where the carrier offers an individual plan; and
• A small group health benefit plan in Colorado to offer the standardized health benefit plan in the small group market in each county where the carrier offers a small group plan.

In the individual market and in the small group market, each carrier shall offer a standardized health benefit plan premium that:

• For 2023, is at least 5% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
• For 2024, is at least 10% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
• For 2025, is at least 15% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
• For 2026 and each year thereafter, is increased above the premium in the previous year by no more than medical inflation, relative to the previous year.

The act also requires each carrier to file its premium rates for the standardized health benefit plan with the commissioner. If a carrier or health-care provider anticipates that a carrier will be unable to meet network adequacy standards or the premium rate requirements due to a reimbursement rate dispute, the carrier or the health-care provider may initiate nonbinding arbitration prior to filing rates for the standardized health benefit plan. If a carrier cannot meet the premium rate requirements, the carrier must notify the commissioner of the reasons. The division shall hold a public hearing concerning network adequacy and premium rates. Based on evidence at the hearing, the commissioner may establish carrier reimbursement rates for hospitals and health-care providers and require the hospitals and health-care providers to accept patients and the established reimbursement rates. The act establishes limits on the reimbursement rates that may be set.

The act creates an advisory board, with members appointed by the governor, to implement the standardized health benefit plan. The advisory board is charged with considering recommendations to streamline prior authorization and utilization management processes, recommend ways to keep health-care services in communities where patients live, and to consider alternative payment models.

The commissioner may apply to the secretary of the United States department of health and human services for a state innovation waiver to capture savings as a result of the implementation of the standardized health benefit plan. Upon approval of the waiver, the commissioner is authorized to use any federal money for the implementation of the bill and for the Colorado health insurance affordability enterprise.

The act requires the commissioner to:

• Contract with an independent third party to prepare reports regarding the implementation of the bill;
• Monitor whether there is an adequate number of health-care providers in the carriers' standardized health benefit plan network and the percentage of premiums attributable to health-care providers in the network;
• Contract with an independent third-party organization to evaluate how to phase in a hospital's reimbursement rate methodology;
• Report various findings during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act"; and
• Disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized health benefit plan and the health benefit plan for which rate approval is being sought.

The department of public health and environment, upon notice from the commissioner, may fine or suspend or impose conditions on a hospital that refuses to participate in the standardized health benefit plan.

The act creates the office of the insurance ombudsman in the department of health care policy and financing to act as an advocate for consumer interests in matters related to access to and affordability of the standardized health benefit plan.

To implement this act:

• $1,409,637 is appropriated to the department of regulatory agencies for use by the division of insurance and the executive director's office, $212,680 of which is reappropriated to the department of law for the provision of legal services; and
• $78,993 is appropriated to the department of health care policy and financing.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill prohibits a legal entity that targets products or services to people in Colorado (covered entity) from collecting, storing, or using biometric identifiers of a Colorado consumer unless it:

• Provides the consumer with information about what biometric identifiers are collected;
• Obtains the consent of the consumer to the collection, storage, or use of the biometric identifiers; and
• Informs the consumer that the consumer can revoke consent at any time and how to do so.

If a consumer revokes consent to collect, store, or use biometric identifiers, the covered entity is required to cease collection within 30 days and to delete or destroy any biometric identifiers it has stored. A violation of the bill's requirements is an unfair or deceptive trade practice.

A governmental entity is prohibited from acquiring, possessing, or using biometric identifiers or a biometric surveillance system unless authorized by statute. A governmental entity is prohibited from selling, releasing, or publicly disclosing biometric identifiers or information from a biometric surveillance system in its possession and from buying or otherwise receiving such information from a third party, unless:

• The sale, disclosure, or receipt of the information is necessary to comply with a court order or rule or with state or federal law; or
• The person who is the subject of the information consents in writing.

An individual can bring a private right of action against a governmental entity that violates the bill's requirements. Upon a finding of a violation, a court can award actual damages, punitive or exemplary damages, reasonable attorney fees and costs, and other relief.

"Biometric identifier" is defined to include a retina or iris scan, a voice print, a face print, a fingerprint or palm print, or any other unique identifying information based on an individual's immutable characteristics.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act updates various provisions of the "Colorado Children's Trust Fund Act", including renaming it the "Colorado Child Abuse Prevention Trust Fund Act" (trust fund act). Changes include:

• Expanding the membership of the Colorado child abuse prevention board (board) from the current 9 members to 17 members;
• Expanding the powers and duties of the board to include advising and making recommendations to the governor, state agencies, and other entities regarding child maltreatment prevention; developing strategies to decrease the incidences of child maltreatment and other adverse childhood experiences; and implementing and monitoring the ongoing development of local child maltreatment prevention plans throughout the state; and
• Extending the repeal of the trust fund act from 2022 to 2027.

For the 2021-22 state fiscal year, the act appropriates $890 to the legislative department for use by the general assembly. This appropriation is from the general fund. To implement this act, the general assembly may use this appropriation for legislator per diem.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act makes changes to the provisions of Senate Bill 20-217, enacted in 2020, (SB 217) to provide clarity and address issues discovered since the passage of that bill. SB 217 used the term "exonerated", but never defined it; the act defines "exonerated" and further clarifies the term "contact".

The act clarifies some of the circumstances when a body-worn camera must be operating and provisions related to the release of the footage. The act changes the requirement that body-worn camera recordings be released within 21 days from the date of the complaint of misconduct to within 21 days from the date of the request for the video recording. The act states the sanctions for failing to activate a body-worn camera and the 21-day release requirement will take effect on passage of the act if the officer is wearing a body camera and the other body-camera provisions apply on or after July 1, 2022, if an officer is wearing a body-worn camera, even though the requirement for all officers to wear a body camera does not take effect until July 1, 2023. The act requires $2 million to be appropriated to the body-worn camera for law enforcement officers grant program in fiscal year 2021-22.

SB 217 required law enforcement to report certain information related to each contact an officer has with a person beginning January 1, 2023. The act changes the start date of the reporting requirement to April 1, 2022. The act clarifies and adds to some of the information that must be reported.

If a peace officer is convicted of, found civilly liable for, or found liable in an administrative proceeding for unlawful use of force or failure to intervene, the officer certification must be revoked if death or serious bodily injury occurred or, if serious bodily injury or death did not occur, then the certification must suspended for at least a year. The act creates a process to allow a peace officer to have a hearing by an administrative law judge to determine whether the peace officer's certification should be suspended or revoked.

The act prohibits a peace officer's employer or the employer's agent from discharging; disciplining; demoting; denying a promotion, transfer, or reassign; discriminating against; harassing; or threatening a peace officer's employment because the peace officer disclosed information that shows:

• A danger to public health or safety; or
• A violation of law or policy committed by another peace officer.

Under current law, there is a civil action that permits suit against employers of local law enforcement officers for misconduct. The act permits the Colorado state patrol to also be sued via that civil action. The act also requires the employer to conduct an investigation of an officer prior to determining if the officer acted in good faith.

If a person believes that a law enforcement agency has violated the investigation requirement, the person must submit a complaint to the P.O.S.T. board, which shall refer the complaint to an administrative law judge to determine whether a violation occurred. The administrative law judge shall notify the P.O.S.T. board chair of a finding that a violation occurred. If a violation is found, the P.O.S.T. board shall not provide P.O.S.T. cash fund money to the employer for one full year from the date of the finding.

Peace officers are required to intervene to prevent or stop unlawful force by another peace officer; the act clarifies the duty only applies to officers while on duty.

The act requires that prior to hiring a new employee, appointing a new employee, or transferring an existing employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer.

The act clarifies and adds to some of the information required to be included in the P.O.S.T. board database related to peace officer misconduct. The act requires the P.O.S.T. board to adopt procedures to allow a peace officer to seek review of the officer's status in the database.

The act requires a governmental entity that encrypts its radio communications to adopt an encryption policy to provide access to unencrypted radio transmissions for members of the media.

The act requires the attorney general to convene a study group to study procedures related to the use of no-knock entry warrants and forced entry. The attorney general shall include the study group's findings in its annual "SMART Act" hearing for the 2022 legislative session.

The act requires the division of local government in the department of local affairs to contract with a nationally recognized research and consulting entity that is an expert in data-driven, evidence-based policing that is community-focused for an independent study to assess and provide a report and findings on evidenced-based policing national best practices. The consulting entity shall complete an interim study no later than December 30, 2021, and the final study no later than July 1, 2022. An advisory committee is created to the oversee the study and make legislative recommendations based on the studies.

For the 2021-22 state fiscal year, the act appropriates $4,065,016 to the department of public safety, of which $3,101,748 is from the general fund and $963,268 is from the highway users tax fund and provides an additional 13.5 FTE. The act appropriates $582,742 from the risk management fund to the department of law and provides an additional 3.0 FTE. The act appropriates $250,000 from the general fund to the department of local affairs.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

When a peace officer is present at the scene of an emergency, an emergency medical service provider (EMS provider) authorized to administer ketamine in a prehospital setting shall only administer ketamine if the EMS provider has:

• Weighed the individual to ensure accurate dosage or estimated the individual's weight with the agreement of at least 2 personnel trained in weight assessment if the EMS provider is unable to weigh the individual;
• Training in the administration of ketamine;
• Training in advanced airway support;
• Equipment available to manage respiratory depression; and
• Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions.

An EMS provider who administers ketamine shall provide urgent transport to the individual receiving ketamine and record any complications arising out of such administration. Absent a justifiable medical emergency, an EMS provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct. Any noncompliance by an EMS provider is considered misconduct.

The act prohibits a peace officer from using, directing, or unduly influencing the use of ketamine upon another person and from compelling, directing, or unduly influencing an EMS provider to administer ketamine. A peace officer who is also certified as an EMS provider may administer ketamine when the decision is based on the EMS provider's training and expertise.

An EMS provider shall confidentially report a peace officer's violation to the peace officers standards and training board (P.O.S.T. board) within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.

A peace officer shall not unduly influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer; except that a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the EMS provider's assessment of the need to administer ketamine. When a peace officer directs a person to assist the peace officer, the person is prohibited from administering ketamine.

The act requires a peace officer who witnesses another peace officer use ketamine in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of ketamine. Any peace officer who fails to report use of ketamine commits a class 1 misdemeanor. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.

The act requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using ketamine in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.

The act changes the structure of the emergency medical practice advisory council (advisory council) by adding an anesthesiologist and a clinical psychiatrist. The act requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any new chemical restraints.

Beginning January 1, 2022, and each January 1 thereafter, the department of public health and environment (department) shall submit an annual report on the statewide use of ketamine by EMS providers and any complications that arise out of such use to the general assembly. The department shall make the report available on the department's website.

The act appropriates $132,488 to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act modifies the required procedures relating to a person's firearms or ammunition following the issuance of a protection order that includes an act of domestic violence when it involved the threat, use, or attempted use of physical force.

The act requires a person to complete an affidavit, which must be filed in the court record within 7 business days after a protection order is issued against the person, stating the number of firearms, the make and model of each firearm, any reason the person is still in immediate possession or control of such firearm, and the location of all firearms in the person's immediate possession or control. If the person does not possess a firearm at the time the order is issued, the person shall indicate such nonpossession in the affidavit.

The act requires the court to conduct a compliance hearing not less than 8 but not more than 12 business days after the issuance of a protection order to ensure the person has completed the affidavit. For criminal cases, the court may consider the issue in other proceedings before the court and the hearing is considered a court action involving a bond reduction or modification. Information compelled or any information directly or indirectly derived from testimony, the affidavit, or other information shall not be used against a defendant in any criminal case, except for prosecution of perjury.

The act excludes legal holidays and weekends from the current time frame a person has to relinquish a firearm. The act allows a court to grant a person an additional 24 hours to relinquish a firearm if the person is unable to comply with the required time frame of relinquishment.

The act requires a federally licensed firearms dealer, law enforcement agency, or private party to issue a signed declaration memorializing the sale or transfer of the firearm.

The act allows a law enforcement agency to enter into an agreement with any other law enforcement agency or storage facility for the storage of transferred firearms or ammunition. The act requires a law enforcement agency that elects to store a firearm or ammunition to obtain a search warrant to examine or test the firearm or ammunition or facilitate any criminal investigation if the law enforcement agency has probable cause to believe the firearm or ammunition has been used in the commission of a crime, is stolen, or is contraband.

The act prohibits the person from transferring the firearm to a private party living in the same residence as the person at the time of transfer. The act prohibits a private party from returning a firearm to the person until the private party receives a written statement of the results of the background check conducted by the Colorado bureau of investigation authorizing the return of the firearm to the person.

Current law requires a copy of the written receipt and the written statement of the criminal background check to be filed with the court as proof of relinquishment at the same time the person files the signed affidavit. The act requires the signed declaration to be filed with the court instead of the receipt. Both the signed declaration and written statement are only available for inspection by the court and the parties to the proceeding.

A federally licensed firearms dealer, law enforcement agency, storage facility, or private party that elects to store a firearm is not civilly liable for any resulting damages to the firearm, as long as such damage did not result from the willful and wrongful act or gross negligence of the person or agency storing the firearm.

The act appropriates $101,050 to the judicial department to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Current law states that in-person contact between a health-care provider or mental health-care provider and a patient is not required under the state's medicaid program for services delivered through telemedicine that are otherwise eligible for reimbursement under medicaid. The act requires the department of health care policy and financing to promulgate rules specifically relating to entities that deliver health-care or mental health-care services exclusively or predominately through telemedicine.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act exempts an employee or person acting on behalf of the office of the child protection ombudsman (ombudsman) from testifying in a civil or criminal proceeding in which the ombudsman is not a legal party. The act prohibits information, documents, and reports requested and reviewed by the ombudsman from being subpoenaed in a civil or criminal proceeding in which the ombudsman is not a legal party.

The act authorizes the ombudsman to receive information, records, or documents related to an incident of egregious abuse or neglect, near fatality, or fatality of a child during the course of an investigation of a complaint. The department of public health and environment's child fatality prevention review team shall provide the ombudsman the nonidentifying case review findings and recommendations related to an investigation of a complaint. The department of human services' child fatality review team shall provide the ombudsman the final confidential, case-specific review report related to an investigation of a complaint. If electronic copies are not available, the ombudsman shall access, review, and receive copies of documents without cost to the ombudsman.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under existing federal law, a licensed gun dealer may transfer a firearm to another person prior to receiving the results of a required background check if 3 days have elapsed since the dealer initiated the background check; state law does not generally require a background check prior to a transfer by a licensed gun dealer. The bill establishes a state requirement for a licensed gun dealer to obtain approval for a firearms transfer from the Colorado bureau of investigation (bureau) prior to transferring a firearm.

The bill prohibits the bureau from approving the transfer of a firearm to a person who was convicted of specified misdemeanor offenses. The bill also prohibits the bureau from approving a firearms transfer until the bureau determines that its background investigation is complete and that the transfer would not violate federal prohibitions on firearms possession or result in a violation of state law.

Under existing law, a person who has been denied a firearms transfer following a background check can appeal the denial. The bureau is required to review background check records that prompted the denial and render a final administrative decision regarding the denial within 30 days. The bill establishes a 60-day deadline for the bureau to conduct the review and render a final administrative decision.

A person may be denied a firearms transfer if there has not been a final disposition in criminal proceedings for certain offenses for which the prospective transferee, if convicted, would be prohibited from purchasing, receiving, or possessing a firearm. Under existing law, the inability of the bureau to obtain the final disposition of a case that is no longer pending cannot constitute the basis for the continued denial of the transfer. The bill removes this restriction and permits continued denial of the transfer when the bureau is unable to obtain the final disposition of a case that is no longer pending.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

The act establishes the office of gun violence prevention (office) within the department of public health and environment to coordinate and promote effective efforts to reduce gun violence. The office is required to conduct public awareness campaigns to educate the general public about state and federal laws and existing resources relating to gun violence prevention.

Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration.

The office is required to create and maintain a resource bank as a repository for data, research, and statistical information regarding gun violence in Colorado. The office must collaborate with researchers to improve data collection in Colorado and use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities.

The office is required to issue a report to the general assembly every 5 years summarizing gun violence prevention measures adopted by local jurisdictions. This reporting requirement is contingent upon Senate Bill 21-256 being enacted and becoming law.

The act appropriates $3,000,000 to the department of public health and environment for program costs related to family and community health for the office of gun violence prevention.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Effective July 1, 2022, the act creates the department of early childhood (new department) to:

• Provide early childhood opportunities;
• Coordinate the availability of early childhood programs and services throughout Colorado;
• Establish state and community partnerships for a mixed delivery of child care and early childhood programs through school- and community-based providers;
• Prioritize the interests and input of children, parents, providers, and the community in designing and delivering early childhood services and programs;
• Prioritize the equitable delivery of resources and supports for early childhood; and
• Unify the administration of early childhood programs and services.

The act moves the early childhood leadership commission (commission) to the new department, effective July 1, 2022.

The act creates a transition working group (working group), consisting of the co-chairs of the commission and representatives of certain state agencies and the governor's office, and directs the co-chairs of the commission to convene a transition advisory group (advisory group).The act directs the working group, working with a consultant and with the advice of the advisory group, to develop a transition plan (plan) for the coordination and administration of early childhood services and programs by the new department and the departments of education, human services, and public health and environment, including, to the extent necessary, the transition of existing programs and services to the new department. The act includes specific requirements for the plan.

The governor's office must submit the plan to the joint budget committee as part of the governor's 2022 budget request, and the working group must submit the plan to the commission for approval. As soon as practicable after the plan is approved, the governor's office must submit the approved plan to the joint budget committee with any necessary budget request amendments. The working group must submit the approved plan to other committees of the general assembly by November 15, 2021, and must meet with the early childhood and school readiness legislative commission by December 1, 2021, to present the plan.

The act also directs the working group, working with the consultant and with the advice of the advisory group, to develop recommendations for a new voluntary, universal preschool program (recommendations) to be funded partially by the recently increased sales tax on tobacco and operated by the new department beginning in the 2023-24 school year. The act specifies requirements that the new preschool program must meet. The working group must also convene and work with a subgroup that focuses on issues relating to serving children with disabilities through the new preschool program. The working group must submit the recommendations to the commission for approval and must then submit the recommendations to the joint budget committee and other committees of the general assembly by January 15, 2022.

The act requires the governor's office to contract with one or more private entities to consult with the working group in developing and implementing the plan and in developing the recommendations and to analyze the current use of existing early childhood programs in the state.

For the 2021-22 fiscal year, to implement the act, there is appropriated from the general fund:

• $587,500, with the assumption of an additional 3.6 FTE, to the office of the governor;
• $267,161, with the assumption of an additional 1.2 FTE, to the office of early childhood in the department of human services; and
• $96,867, with the assumption of an additional 0.9 FTE, to the department of education.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

Current law establishes a $100 cap on a person's 30-day supply of prescription insulin. The act clarifies that this cap is for the person's entire insulin supply, regardless of the number of prescriptions the person may have.

Beginning January 1, 2022, the act also:

• Requires pharmacists to provide eligible individuals with access to one emergency prescription insulin supply within a 12-month period at a cost not to exceed $35 for a 30-day supply; and
• Creates the insulin affordability program through which pharmacists provide eligible individuals with prescription insulin for 12 months at a cost not to exceed $50 for a 30-day supply.

A pharmacist that dispenses prescription insulin through the emergency supply or the insulin affordability program may seek reimbursement for the cost of the insulin from the insulin manufacturer.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Section 2 of the act requires CollegeInvest to provide the department of revenue (department) with a secure electronic report of CollegeInvest account holders who are also Colorado taxpayers who made distributions between January 1, 2017, and January 1, 2021. The department is required to examine a risk-based sample of such taxpayers to substantiate that the distribution was made for authorized purposes. The department is also required to regularly example a risk-based sample of distributions on or after January 1, 2021, and determine if the taxpayer paid the correct amount of income tax. The executive director of the department is required to provide a report of the examinations as part of the department's presentation to its legislative committee of reference.

Section 3 of the act modifies how taxable income is determined for individuals for purposes of the state income tax. Specifically, it:

• Extends the limit on the federal deduction allowed under section 199A of the internal revenue code;
• Imposes a cap for taxpayers with adjusted gross incomes equal to or exceeding $400,000 on certain itemized deductions claimed under the internal revenue code;
• Requires individual taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year (this is also required for corporate taxpayers in section 7 of the act);
• Repeals, for social security income earned by individuals who are 65 years of age or older that is included in federal taxable income only, the cap on the deduction for pension and annuity income received; and
• Adds an annually adjusted cap, per taxpayer per beneficiary, on the income tax deduction for contributions made to 529 plans, and requires CollegeInvest to provide the department with a secure electronic report containing specified information for the 529 plans account owners and third-party contributors necessary for the administration of the income tax deduction.

Section 4 of the act increases the earned income tax credit to 20% for income tax years commencing on or after January 1, 2022, but before January 1, 2023, and income tax years commencing on or after January 1, 2026. Section 3 also increases the earned income tax credit to 25% for income tax years commencing on or after January 1, 2023, but before January 1, 2026. Finally, section 4 of the act applies the lowered minimum age for individuals without a qualifying child in the federal "American Rescue Plan Act of 2021" to the state credit for income tax years commencing on or after January 1, 2022.

Section 5 of the act funds the child tax credit for income tax years commencing on or after January 1, 2022, and allows a child tax credit in the state regardless of the federal requirement that a qualifying child must have a social security number for the federal child tax credit. Section 5 of the act also specifies that if the changes to the federal child tax credit in the "American Rescue Plan Act of 2021" are no longer in effect, the percentages of the state child tax credit are increased.

Section 6 of the act modifies the computation of the corporate income tax receipts factor to make it more congruent with combined reporting and also prevents corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance.

Section 7 of the act functions to prevent corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance and additionally modifies how taxable income is determined for C corporations for purposes of the state income tax. Specifically, it requires corporate taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year.

Section 8 of the act limits the state subtraction for certain capital gains incurred by allowing the subtraction to a taxpayer who is required to file a Schedule F, profit or loss from farming, as an attachment to the taxpayer's federal income tax return for the tax year in which the net capital gains arise for the sale of real property, not tangible personal property, that is classified as agricultural land for property tax purposes.

Section 9 of the act creates a temporary income tax credit for a business for a percentage of the conversion costs to convert the business to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust.

Sections 10 through 13 of the act address the avoidance of income tax by certain captive insurance companies.

Section 14 of the act adds an appropriation to:

• The office of the governor for use by the office of economic development for the administration of the income tax credit for a business converting to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust; and
• The department of revenue for administration and support.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

To be deemed to maintain a home office or regional home office and pay the insurance premium tax at a rate of 1%, the act requires a company to have a minimum percentage of its total domestic workforce in the state. This percentage is 2% for 2022, 2.25% for 2023, and 2.5% for 2024 and thereafter. The act also narrows the tax exemption for annuities considerations. For the purpose of auditing a company's tax statement, the commissioner of insurance may appoint an independent examiner to conduct an examination on behalf of the commissioner.

For purposes of imposing the property tax, the act specifies that the actual value of real property reflects the value of the fee simple estate and the actual value of personal property is determined based on the property's value in use, which will be defined by the property tax administrator. The act also increases the per schedule exemption for business personal property from $7,900 to $50,000, adjusted for inflation, and the state is required to reimburse local governments for lost property tax revenue caused by the increase. Assessors are required to provide an estimate of the exempt business personal property along with the certifications to local governments.

The state sales and use tax is imposed on the sale and use of tangible personal property. The act codifies the department of revenue rule that the definition of "tangible personal property" includes "digital goods" and specifies that the state sales tax applies to amounts charged for mainframe computer access, photocopying, and packing and crating. Beginning January 1, 2022, a retailer whose total taxable sales were greater than $1 million for a filing period is not permitted to retain any portion of the sales and use tax collected as compensation for the retailer's tax-collection expenses.

The act limits the allowable deductions, which are used to determine the taxable amount of oil and gas subject to the severance tax, to direct costs actually paid or accrued by the taxpayer for those purposes. Beginning with the 2022 taxable year, the act phases out the quarterly exemption and the tax credits for the severance tax on coal. The additional revenue that results from changes to the coal severance tax is credited to the just transition cash fund.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, the office of the child protection ombudsman (ombudsman) has a duty to receive complaints made by or on behalf of a child relating to the child protection system in order to investigate and seek resolution of the complaint. The act extends the scope of the ombudsman's duties to self-initiate impartial and independent investigations and ongoing reviews of the safety and well-being of unaccompanied immigrant children who live in a state-licensed residential child care facility (facility) and who are in the custody of the office of refugee resettlement of the federal department of health and human services. The ombudsman may seek resolution of such investigations and ongoing reviews by referring an investigation and ongoing review to the state department of human services (department) or the appropriate agency or entity and making a recommendation for action relating to the investigation and ongoing review of the facility. The ombudsman may request, review, and receive copies of information, records, or documents that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review of the facility. The ombudsman shall report the results of the investigation and ongoing review in the ombudsman's annual report.

The act requires the facility to notify the ombudsman and the department within 3 days after the arrival of an unaccompanied immigrant child.

The act permits the department and the ombudsman to coordinate site visits to investigate and review a facility. The department and the ombudsman may share final reports based on their site visits.

For the 2021-22 state fiscal year, $90,600 is appropriated from the general fund to the judicial department and provides 0.9 FTE for use by the office of the child protection ombudsman to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Commencing with the 2022 general election, and subject to an elector's choice to receive and cast all ballots by mail, the bill requires that all registered electors cast their ballot in person for each general election at a polling location within the county of the elector's residence. The number and siting of polling locations within a county must be designated by the county clerk and recorder.

Under the bill, voting in person is limited to a 7-day period commencing 6 days before and culminating the day of the election. During this one-week period, polling locations must remain open for voting from 7 a.m. to 7 p.m. each day during the week. A registered elector may cast a ballot in person at any time during which polling locations are open during the one-week period.

Each county clerk and recorder shall institute procedures by which a registered elector may choose to vote by mail ballot by affirmatively requesting that the elector would like to receive and cast a ballot by mail for all forthcoming general elections.

The bill requires all ballots to be counted not later than the day of the election. A ballot is not counted if it is received by a county clerk and recorder after the polls have closed on election day. No preliminary results of any race contested in the election may be disclosed by the county clerk and recorder prior to the dissemination of the final results of a race on or after election day.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act requires the department of health care policy and financing to administer a reproductive health care program (program) that provides contraceptive methods and counseling services to participants. The program must offer each participant at least a one-year supply of the requested contraceptive method or an alternative contraceptive method and not impose cost-sharing requirements.

Beginning in fiscal year 2023-24, the department shall analyze and report the cost-effectiveness of the program to the public during its annual SMART act hearing.

The act appropriates $4,125,347 from the general fund to the department of health care policy and financing to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, if an eligible elector is unable to sign a mail ballot issued to the elector, the elector may provide the self-affirmation required to cast the ballot by making a mark on the self-affirmation, with or without assistance, witnessed by another registered elector (witness). The bill requires the envelope used for the ballot's return to show a place for the witness to list the witness's voter identification number, and the witness is required to write the witness's voter identification number on the return envelope. The county clerk is required to verify the witness's signature. A witness must be registered in the same county in which the elector completing the self-affirmation is registered. A returned ballot for which an elector's self-affirmation has been witnessed in a manner that does not satisfy the requirements of the bill will be treated as a provisional ballot.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act requires a pharmacist who dispenses an opioid to an individual to inform the individual of the potential dangers of a high dose of an opioid and offer to prescribe the individual an opiate antagonist if:

• The individual is, at the same time, prescribed a benzodiazepine, a sedative hypnotic drug, carisoprodol, tramadol, or gabapentin; or
• The opioid prescription being dispensed is at or in excess of 90 morphine milligram equivalent.

If an individual accepts the offer for an opiate antagonist, the pharmacist is required to counsel the individual on how to use the opiate antagonist and notify the individual of available generic and brand-name opiate antagonists.

The act does not apply to a pharmacist dispensing a prescription medication to a patient in hospice or palliative care or a resident in a veterans community living center.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill allows the state department of human services (state department), along with the child care allocation workgroup, to consider a utilization factor. This utilization factor would enable the state department to consider the volume of the eligible population and the service delivery cost to each county department of human or social services (county department) when allocating and distributing money for the Colorado child care assistance program (CCCAP). The bill further allows a county department to set its own eligibility levels for CCCAP, expressed as a percentage of the federal poverty level.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act expands certain preventive health-care services to include counseling, prevention, and screening for a sexually transmitted infection (STI). The act adds contraception as a mandatory health benefit.

Current law requires a health-care provider or facility to perform a diagnostic exam for an STI and subsequently treat the STI at the request of a minor patient. The act allows a health-care provider to administer, dispense, or prescribe preventive measures or medications where applicable. The consent of a parent is not a prerequisite for a minor to receive preventive care, but a health-care provider shall counsel the minor on the importance of bringing the minor's parent or legal guardian into the minor's confidence regarding the services.

Current law requires the executive director of the department of health care policy and financing to authorize reimbursement for medical or diagnostic services provided by a certified family planning clinic. The act removes the requirement that services be provided by a certified family planning clinic and authorizes reimbursement for family planning services and family-planning-related services provided by any licensed health-care provider.

The act appropriates $90,547 to the department of health care policy and financing and $13,353 and provides 0.2 FTE to the department of regulatory agencies for use by the division of insurance to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires that, prior to initiating a review or audit of a medicaid provider's records, the reviewer or auditor, or a qualified agent contracted with the department of health care policy and financing (state department) shall confirm the provider's contact information with the provider. After confirming the provider's contact information, the reviewer or auditor, or qualified agent, shall notify the provider of additional information concerning the review or audit.

Current law requires the reviewer or auditor, prior to initiating the review or audit, to deliver to the provider not less than 10 business days prior to the commencement of the audit a written request describing in detail such records and offering the provider the option of providing either a reproduction of such records or inspection at the provider's site. The act requires the written request to be provided through both e-mail and certified mail.

The act requires the state department to ensure providers understand the relationship between the state department and the qualified agent and how to contact the qualified agent prior to a qualified agent commencing any review or audit.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the department of health care policy and financing to seek federal authorization through an amendment to the state medical assistance plan to provide family planning services to individuals who are not pregnant and whose income does not exceed the state's current effective income level for pregnant women under the children's basic health plan.

The act appropriates $272,956 to the department of health care policy and financing for use by the executive director's office and $565,614 to the office of the governor for use by the office of information technology to implement this act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the diaper distribution program (program) in the department of human services (department) to provide diapering essentials to eligible individuals. The department shall solicit interest and cost distribution proposals from diaper distribution centers to administer the program for not more than twelve months after which the department shall commence a selection process that complies with the state procurement code. Diapering essentials must be made available to all parents, guardians, or family members of a child who wears diapers and resides in Colorado.

The act allows the department to contract with a third party vendor to solicit, vet, award, and monitor food pantry assistance grants.

The act appropriates $2,000,000 from the general fund to the department of human services for use by the office of self sufficiency to implement the diaper distribution program and $5,000,000 from the economic recovery and relief cash fund to the department of human services for use by the office of self sufficiency for the food pantry assistance grant program.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill prohibits a state, county, or local government agency, or any person acting on behalf of the state, county, or local government agency, from ordering persons participating in a protest or demonstration (protest) to disperse, or from deeming the protest unlawful, unless the persons participating in the protest are acting in concert to pose an imminent threat to use force or violence to cause personal injury or significant property damage.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

Beginning July 1, 2021, the act prohibits an employer from paying an employee whose earning capacity is impaired by age, physical or mental disability, or injury less than minimum wage if the employer does not hold a special certificate issued on or before June 30, 2021, by the United States department of labor that authorizes the employer to pay wages below minimum wage to those employees. The act phases out subminimum wage employment for employers that hold a special certificate and by June 30, 2022, requires each employer that holds a special certificate to submit a transition plan to the department of health care policy and financing (department) detailing how the employer plans to phase out subminimum wage employment by July 1, 2025. On and after July 1, 2025, an employer is prohibited from paying an employee with a disability less than minimum wage regardless of whether the employer was issued a special certificate.

The act requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to:

• Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and
• Report the recommendations to specified committees of the general assembly.

The act also continues operation of the partnership, which was scheduled to repeal on July 1, 2021, indefinitely.

The act requires the department to seek federal approval to add employment-related services for individuals with intellectual and developmental disabilities under the state's medicaid waiver services.

$90,691 is appropriated to the department to implement the act. The department also expects to receive $409,885 in federal funds to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence.

The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless:

• A custodial arrest is statutorily required;
• The officer is unable to sufficiently verify the individual's identity absent a custodial arrest;
• The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or
• The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle and:
• The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or
• The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent custodial arrest.

The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or level 3 or 4 drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear unless the defendant has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime.

The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act makes several changes and clarifications to current juvenile diversion programs (diversion), including:

• Clarifying the division of criminal justice in the department of public safety's (division) authority over all programs funded with diversion money;
• Clarifying that diversion funding may be allocated to entities other than district attorneys' offices;
• Requiring eligibility criteria for diversion be made public;
• Establishing that a juvenile is eligible to divert if the juvenile meets the eligibility criteria;
• Clarifying that an approved validated assessment tool may be used for decisions on the length of supervision and necessary services;
• Clarifying that a risk screening tool is to be used to inform the level and intensity of supervision;
• Establishing a clear process for data collection so the division can properly evaluate its diversion programs; and
• Creating a clearer process and role for the division in the allocation process.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act.

The act reduces the juvenile detention bed cap from 327 beds to 215 beds beginning in fiscal year 2021-22.

The act adds members and responsibilities to the existing statutory working group for criteria for placement of juvenile offenders. The working group's responsibilities include examining available alternatives to youth detention, the use of detention beds, and examining necessary investments in alternatives to youth detention.

The act decreases appropriations made in the annual general appropriation act for the 2021-22 state fiscal year to the department of human services.

The act makes the following appropriations to the department of human services:

• $202,541 for use by the office of information and technology;
• $427,979 for use by the division of child welfare, and an additional 4.5 FTE; and
• $24,789 in federal funds for use by the division of child welfare.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The act defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the act applies to a cause of action that accrues on or after January 1, 2022, or a cause of action accruing prior to January 1, 2022, so long as the applicable statute of limitations has not yet run as of January 1, 2022.

The act removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries.

The act repeals the limited waiver of the doctor- or psychologist-patient privilege for claims brought by a person under disability.

Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The act repeals this limitation.

Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The act eliminates this restriction.

Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitations for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The act removes this exemption.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill creates a process to automatically expunge petty offenses a year after completion of the sentence, nonviolent misdemeanors 3 years after the completion of the sentence, and nonviolent felonies 5 years after the completion of the sentence. The bill creates a list of convictions for which automatic expungement is not permitted. The bill requires the state court administrator (administrator) to compile a list of convictions that are eligible for expungement. After the administrator compiles the list, the administrator sends the list to the Colorado bureau of investigation (bureau) for review, and the bureau removes from the list any convictions in which the identity of the defendant is unverifiable or in which the defendant had another conviction during the waiting period. The bureau sends its amended list to each district attorney in the state, and the district attorney removes any convictions in which the defendant has a pending criminal charge. Each district attorney sends its amended list to the administrator. The administrator compiles all of the lists into one final list and sorts the convictions by judicial district.

If the chief judge of a judicial district authorizes the administrator to issue expungement orders, the administrator shall issue expungement orders based on the final list. If the chief judge of a judicial district does not authorize the administrator to issue expungement orders, the administrator shall send the final list to the chief judge of the judicial district, and the courts of that judicial district shall enter expungement orders based on the final list received.

The administrator shall develop a website that allows a defendant to confidentially determine whether the defendant's conviction has been expunged and provides information about how to receive a copy of the expungement order.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license.

The act also specifies that lawful presence is not required of any applicant for any state or local license, certificate, or registration. The act is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

An individual who owns a firearm must report the loss or theft of that firearm to a law enforcement agency within 5 days after discovering that the firearm was lost or stolen. A first offense for failure to make such a report is a civil infraction punishable by a $25 fine, and a second or subsequent offense is a misdemeanor punishable by a maximum $500 fine. The 5-day reporting requirement does not apply to a licensed gun dealer.

Another person who is a member of the owner's family or who resides with the owner may report the lost or stolen firearm. If the other person reports the loss or theft of the firearm, the owner is not required to make a report. A report by another person is not an acknowledgment of firearm ownership.

A person who reports a lost or stolen firearm is immune from criminal prosecution for an offense pursuant to state law related to the storage of firearms.

The act requires a law enforcement agency that receives a report of a lost or stolen firearm to enter information about the lost or stolen firearm into the Colorado bureau of investigation crime information center database.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act:

• Prohibits an agricultural employer from retaliating against any person, including an agricultural employee who is asserting protected rights, and allows an aggrieved person to assert a claim in district court or with the division of labor standards and statistics (division) in the department of labor and employment for alleged retaliation;
• Removes the exemption of agricultural employers and employees from the Colorado "Labor Peace Act" and authorizes agricultural employees to organize and join labor unions; engage in protected, concerted activity; and engage in collective bargaining;
• Removes the exemption of agricultural labor from state and local minimum wage laws;
• Establishes a separate minimum wage for agricultural employees engaged in the range production of livestock on the open range;
• Requires the director of the division to promulgate rules to establish the overtime pay of agricultural employees, to implement procedures concerning retaliation claims, to ensure access to key service providers, and for overwork protections for agricultural workers;
• Grants agricultural employees meal breaks and rest periods throughout each work period, consistent with protections for other employees;
• Requires agricultural employers to provide agricultural employees with access and transportation to key service providers;
• Authorizes agricultural employees to have visitors at employer-provided housing without interference from other persons;
• Requires agricultural employers to provide overwork and health protections to agricultural employees;
• Prohibits the use of the short-handled for agricultural labor except in specific circumstances;
• During a public health emergency, requires an agricultural employer to provide extra protections and increased safety precautions for agricultural employees;
• Creates rights, remedies, and enforcement actions for aggrieved agricultural employees, whistleblowers, and key service providers; and
• Creates the agricultural work advisory committee to study and analyze agricultural wages and working conditions.

$474,657 is appropriated from the employment support fund to the department of labor and employment to implement the act, of which amount $38, 282 is reappropriated to the department of law to provide legal services to the department of labor and employment. Additionally, $193,882 is appropriated from the general fund to the department of agriculture for use by the plant industry division to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates a statutory cause of action for a victim of sexual misconduct that occurred when the victim was a minor. The victim may bring a civil claim against the actor who committed the sexual misconduct and against an organization that operates or manages a youth-related activity or program (youth program) if the organization knew or should have known of a risk of sexual misconduct against minors and the sexual misconduct occurred while the victim was participating in a youth program managed by the organization. The act waives sovereign immunity for the claim so a victim may bring a claim against a public employee or public entity that operates a youth program, including an educational entity operating an educational program or a district preschool program.

The cause of action is available to a victim of sexual misconduct that occurred on or after January 1, 1960. A person who was the victim of sexual misconduct that occurred between January 1, 1960, and January 1, 2022, must commence an action before January 1, 2025. There is no limitation on the time to bring a claim for sexual misconduct that occurs on or after January 1, 2022. A person may not, prior to an incident of sexual misconduct, waive the right to bring a civil action; any purported pre-incident waiver is void as against public policy.

A court or jury shall not allocate any damages awarded in the civil action in any proportion against the victim of the sexual misconduct. Any pre-judgment interest on the claim does not begin to accrue until the claim is filed.

The maximum amount that may be recovered for a claim against a public employee or public entity is the limitation on damages set forth in the "Colorado Governmental Immunity Act". For all other claims, the maximum amount recoverable is $500,000; except that if the court finds by clear and convincing evidence that the defendant failed to take remedial action against a person that the defendant knew or should have known posed a risk of sexual misconduct against a minor and the court finds that the application of the limitation would be unfair, the court may increase the award to up a maximum of $1,000,000.

The act appropriates $1,198,355 from the general fund to the department of personnel for risk management and reappropriates $1,137,838 of that appropriation and provides 5.9 FTE to the department of law to provide legal services.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Current law appropriates $5 million annually from the tobacco tax cash fund to the department of public health and environment (department) for breast and cervical cancer screenings. The bill expands the use of the funds for additional cancer screenings. The bill changes the name of the breast cancer screening fund to the cancer screening fund and authorizes the money in the fund to be used for breast and cervical cancer screenings, colorectal cancer screenings, and screenings for additional screenable cancers.

The bill changes the makeup of the existing advisory board from persons interested in health care and the promotion of breast cancer screenings to include persons who are interested in health care and the promotion of services for other screenable cancers. When making recommendations to the executive director of the department concerning cancer screening services, the bill requires the advisory board to allocate, at a minimum, $2.5 million annually for breast and cervical cancer screenings, $1 million annually for colorectal cancer screenings, and, if feasible, money for screenings for additional screenable cancers.

(Note: This summary applies to this bill as introduced.)

Fiscal Note

Under current law, a seller, lessor, or company issuing a credit or charge card is prohibited from imposing a surcharge against a person who elects to pay for a sales or lease transaction by using a credit or charge card. The act:

• Repeals the prohibition; and
• Limits the maximum surcharge amount per transaction to 2% of the total cost to the buyer or lessee for the sales or lease transaction or the merchant discount fee, which is defined as the actual fee that a seller or lessor (merchant) pays its processor or service provider to process the transaction.

A merchant is required to display notice regarding the surcharge on the merchant's premises or, for online purchases, before an online customer's completion of the sales or lease transaction.

The act clarifies that a merchant is prohibited from applying the surcharge to cash or check payments, debit card payments, or payments made by redemption of a gift card.

If a merchant imposes a surcharge in violation of the act, the merchant is subject to liability as a creditor under the "Uniform Consumer Credit Code".

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act specifies measures in several categories to protect personal identifying information (PII) kept by state agencies.
Limitations on PII shared by state agencies: A state agency employee is prohibited from disclosing or making accessible PII that is not available to the public for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order. The department of revenue is prohibited from sharing motor vehicle records with law enforcement agencies and other government agencies if the information is to be used for the purpose of investigating for or assisting in federal immigration enforcement, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order.Reduction of PII collected by state agencies: Beginning January 1, 2022, a state agency employee is prohibited from inquiring into, or requesting information or documents to ascertain, a person's immigration status for the purpose of identifying if the person has complied with federal immigration laws except as required by state or federal law or as necessary to perform state agency duties, or to verify a person's eligibility for a government-funded program for housing or economic development if verification is a condition of the government funding.
In addition, beginning January 1, 2022, a state agency shall not collect data regarding a person's place of birth, immigration or citizenship status, or information from passports, permanent resident cards, alien registration cards, or employment authorization documents, except as required by state or federal law or as necessary to perform state agency duties, or to verify a person's eligibility for a government-funded program for housing or economic development if verification is a condition of the government funding.
Access to state agency records: Beginning January 1, 2022, to be granted access to PII through a database or automated network maintained by a state agency that is not otherwise available to the public, a third party must have, within the past year, certified under penalty of perjury that the third party will not use or disclose PII obtained for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order that is not related to prosecution for a violation of specified provisions of federal immigration law. The attorney general's office is required to create a model certification form and provide it to state agencies.Record keeping and reporting: The act specifies what a request for records includes and does not include for purposes of the act. Beginning January 1, 2022, if a third party requests a record from a state agency and the record contains PII, the state agency is required to retain a written record of the request that contains specified information (written record).
Beginning January 1, 2022, and on a quarterly basis thereafter, the state agency is required to provide the information contained in the written record to the governor's office of legal counsel and to attest that no request was granted for any purpose prohibited by the act. On March 1, 2022, and on a quarterly basis thereafter, the governor's office is required to provide a report to the joint budget committee of the general assembly containing quarterly and year-to-date summaries of the information provided by state agencies in the written record.

For a request made by a third party through the Colorado driver's license, record, identification, and vehicle enterprise solution, if the department of revenue is unable to gather the information for the written record because doing so would require technology or programming changes outside the department's control, the department is required to continue to allow access to the information if access is required by state or federal law or is a condition of receiving federal or state funding. The department of revenue is required to submit quarterly reports including the identity of the third party, the reason for the inability to collect the written record, and an attestation that the department of revenue and third party have met the other applicable requirements of the act.
Data privacy breaches: Any state agency employee who intentionally violates the provisions of the act is subject to an injunction and is liable for a civil penalty of not more than $50,000 for each violation.
The act includes an identification document issued to an individual who is not lawfully present in the United States in the list of records that the department of revenue shall not allow a person to inspect pursuant to the "Colorado Open Records Act". In addition, the act specifies that the provisions of the act are included in the laws that the department of revenue is required to follow when releasing records for public inspection.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, public funds cannot be used to pay for an abortion, except in cases of life endangerment and in cases of rape or incest for medicaid-eligible women. If every reasonable effort is made to preserve the life of the pregnant woman and unborn child, then public funds may be used for medically necessary services. The medically necessary services must be performed only in a licensed health care facility and only by a licensed physician. The act removes these requirements and allows medically necessary services to be performed by a provider who is licensed by the state and acting within the scope of the provider's license and in accordance with applicable federal regulations.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act implements 988 as the 3-digit number for crisis response services in Colorado by creating the 988 crisis hotline enterprise (enterprise) in the department of human services (department) to fund the 988 crisis hotline and provide crisis outreach, stabilization, and acute care to individuals calling the 988 crisis hotline.

Effective January 1, 2022, the enterprise shall impose a 988 surcharge (surcharge) on service users in an amount to be established annually by the enterprise, in collaboration with the public utilities commission (commission) but not to exceed 30 cents per month. The act requires each service supplier to collect the surcharge from its service users and remit the collected surcharges to the commission on a monthly basis. The state treasurer shall credit the surcharge collections to the 988 surcharge cash fund (fund).

Effective January 1, 2022, the enterprise shall impose a prepaid wireless 988 charge on each retail transaction in an amount to be established annually by the enterprise, in collaboration with the commission but not to exceed 30 cents per each retail transaction. The act requires each seller to collect the prepaid wireless 988 charge from the consumer on each retail transaction occurring in the state and remit the collected charges to the department of revenue. The state treasurer shall credit the prepaid wireless 988 charge to the fund.

On or before July 1, 2022, the enterprise shall fund a nonprofit organization to operate the 988 crisis hotline and provide intervention services and crisis care coordination to individuals calling the 988 crisis hotline.

Beginning January 1, 2023, and each January 1 thereafter, the department shall submit information about the usage of the 988 crisis hotline center to the federal substance abuse and mental health services administration and information about the expenditures of the fund to the federal communications commission, and the department shall annually report progress on the implementation of the 988 crisis hotline to the general assembly.

The act appropriates $5,687,692 to the department of human services for use by the office of behavioral health, $74,566 to the department of revenue, and $1,966 to the department of personnel to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act modifies the Colorado health service corps program administered by the primary care office (office) in the department of public health and environment, which program includes a loan repayment program, to allow geriatric advanced practice providers, defined as advanced practice registered nurses and physician assistants with geriatric training or experience, to participate in the loan repayment program on the condition of committing to provide geriatric care to older adults in health professional shortage areas for a specified period.

For the 2021-22 state fiscal year, the act appropriates $400,000 from the general fund to the Colorado health service corps fund for use by the office to help repay loans for geriatric advanced practice providers.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, any person may ask the executive director of the department of regulatory agencies or the executive director's designee (executive director) to require a rule-making agency to conduct a cost-benefit analysis of a draft rule or draft amendment to a rule (proposed rule) for which the agency has filed a notice of proposed rule-making (notice). The bill extends the time period for which such request may be made from up to 5 days after the notice has been filed to up to 15 days before the scheduled rule-making hearing or, if the rule-making hearing is scheduled only 20 days after the notice was filed, up to 10 days after the notice was filed. The agency is required to complete the cost-benefit analysis at least 5 days before the scheduled rule-making hearing.

The bill also specifies the following regarding a cost-benefit analysis:

• If the executive director determines that the proposed rule would likely have materially disparate effects on different regions of the state, the agency must include in the cost-benefit analysis a determination of the anticipated benefits, costs, and adverse effects of the proposed rule on different regions of the state;
• If the executive director determines that the proposed rule would have a negative economic or noneconomic impact, the executive director shall inform the public by either making a public presentation about the negative impact and any counterbalancing positive impact at the rule-making hearing or publishing a written report summarizing the impacts;
• The executive director, upon request of any party to the rule-making or member of the general assembly or upon the executive director's own motion, may require an agency to update a cost-benefit analysis to reflect material changes made to the proposed or adopted rule either before, during, or after the rule-making hearing;
• A member of the general assembly, no earlier than one year after a rule has been adopted, may request that the adopting agency conduct a cost-benefit analysis regarding the rule's implementation; and
• The public utilities commission, the department of natural resources, or the department of public health and environment, with regard to any cost-benefit analysis conducted by that agency, shall present the cost-benefit analysis at the rule-making hearing and allow public testimony at the hearing regarding the cost-benefit analysis.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The act prohibits an insurer from:

• Unfairly discriminating based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression in any insurance practice; or
• Pursuant to rules adopted by the commissioner of insurance (commissioner), using any external consumer data and information source, algorithm, or predictive model (external data source) with regard to any insurance practice that unfairly discriminates against an individual based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression.

After a stakeholder process, the commissioner shall adopt rules for specific types of insurance, by insurance practice, which rules establish means by which an insurer may demonstrate that it has tested whether its use of an external data source unfairly discriminates based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. Any such rules shall not become effective until January 1, 2023, at the earliest, for any type of insurance. The rules must require each insurer to:

• Provide information to the commissioner concerning the external data sources used by the insurer in the development and implementation of algorithms and predictive models for a particular type of insurance and insurance practice;
• Provide an explanation of the manner in which the insurer uses external data sources for the particular type of insurance and insurance practice;
• Establish and maintain a risk management framework that is reasonably designed to determine, to the extent practicable, whether the insurer's use of external data sources unfairly discriminates against individuals based on their race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression;
• Provide an assessment of the results of the risk management framework and actions taken to minimize the risk of unfair discrimination, including ongoing monitoring; and
• Provide an attestation by the insurer's chief risk officer that the insurer has implemented the risk management framework appropriately on a continuous basis.

The rules adopted by the commissioner must include provisions establishing:

• A reasonable period of time for insurers to remedy any unfairly discriminatory impact in an external data source; and
• The ability of insurers to use external data sources that have been previously assessed by the division of insurance (division) and found not to be unfairly discriminatory.

Documents, materials, and other information in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to the new requirements are recognized as proprietary and containing trade secrets. The commissioner may use the documents, materials, or other information in furtherance of any regulatory or legal action and make the data publicly available in an aggregated or de-identified format.

The commissioner may examine and investigate an insurer's use of an external data source in any insurance practice.

In the department of regulatory agencies' annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report to the legislative committees of reference, the division shall include:

• Information concerning any rules adopted pertaining to this act;
• Information concerning any changes in insurance rates that have resulted from the prohibitions described in the act; and
• A summary of the stakeholder process, including a description of data sources insurers may use to comply with this act.

The requirements described in the act do not apply to:

• Title insurance;
• Bonds executed by qualified surety companies; or
• Insurers of exempt commercial policyholders.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act addresses the following items related to landlord and tenant rights in residential rental agreements:

• After a complaint is filed by a landlord, the clerk of the court or the attorney for the plaintiff shall issue a summons, including information concerning filing an answer and legal aid. A court shall not enter a default writ of restitution before the close of business on the date upon which an appearance is due.
• Provides additional details regarding the defendant's answer, including that a defendant does not waive any defense related to proper notice by filing an answer; that the court shall set a date for trial no sooner than 7, but not more than 10, days after the answer is filed, unless the defendant agrees to waive this provision and schedule the trial for an earlier date, except that a court may extend beyond 10 days if either party demonstrates good cause for an extension or if the court otherwise finds justification for the extension. In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any relevant documentation that either party requests.
• A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full amount due according to the notice, as well as any rent due under the rental agreement, at any time until a court has ordered a writ of restitution;
• Eliminates the bond requirement for the warranty of habitability and allows the

tenant to assert an alleged breach of the warranty of habitability as an affirmative defense;

• Establishes allowable court procedures and remedies in cases of an alleged breach of warranty of habitability;
• Bans unreasonable liquidated damage clauses that assign a cost to a party stemming from a rental violation or an eviction action;
• Prohibits rental agreements that contain one-way fee-shifting clauses that award attorney fees and court costs only to one party; and

The act prohibits a landlord of a mobile home park or a residential premises (landlord) from:

• Charging a tenant or mobile home owner (tenant) a late fee for late payment of rent unless the rent payment is late by at least 7 calendar days;
• Charging a tenant a late fee in an amount that exceeds the greater of:
• $50; or
• 5% of the amount of the rent obligation that remains past due;
• Requiring a tenant to pay a late fee unless the late fee is disclosed in the rental agreement;
• Removing, excluding, or initiating eviction procedures against a tenant solely as a result of the tenant's failure to pay one or more late fees;
• Terminating a tenancy or other estate at will or a lease in a mobile home park because the tenant fails to pay one or more late fees to the landlord;
• Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant, is responsible for paying;
• Imposing a late fee more than once for each late payment;
• Requiring a tenant to pay interest on late fees;
• Recouping any amount of a late fee from a rent payment made by a tenant; or
• Charging a tenant a late fee unless the landlord provided the tenant written notice of the late fee within 180 days after the date upon which the rent payment was due.

A landlord who commits a violation must pay a $50 penalty to an aggrieved tenant for each violation. Otherwise, a landlord who commits a violation has 7 days to cure the violation, which 7 days begins when the landlord receives notice of the violation. If a landlord fails to timely cure a violation, the tenant may bring a civil action to seek one or more of the following remedies:

• Compensatory damages for injury or loss suffered;
• A penalty of at least $150 but not more than $1,000 for each violation, payable to the tenant;
• Costs, including reasonable attorney fees if the tenant is the prevailing party; and
• Other equitable relief the court finds appropriate.

In an action for possession or collection based upon nonpayment of rent, the tenant may assert, as an affirmative defense the landlord's alleged breach of the warranty of habitability, provided that the landlord had previously received notice of the alleged breach of the warranty of habitability. If a county or district court is satisfied that the defendant is unable to deposit the amount of rent specified into the registry of the court because the defendant is found to be indigent, as described in the act, the defendant shall not be required to deposit any amounts to raise warranty of habitability claims as an affirmative defense and the claim will be perfected.

For the 2021-22 state fiscal year, the act appropriates $15,756 to the judicial department. This appropriation is from the general fund and is based on an assumption that the department will require an additional 0.2 FTE. To implement this act, the department may use this appropriation for trial court programs.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the Colorado prescription drug affordability review board (board) in the division of insurance (division) in the department of regulatory agencies as an independent unit of state government, requires the board to perform affordability reviews of prescription drugs, and authorizes the board to establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes.

The board shall determine by rule the methodology for establishing an upper payment limit for a prescription drug. An upper payment limit applies to all purchases of and payer reimbursements for the prescription drug dispensed or administered to individuals in the state in person, by mail, or by other means. Any savings generated for a health benefit plan as a result of an upper payment limit established by the board must be used by the carrier that issued the health benefit plan to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for prescription drugs.

On and after January 1, 2022, the act prohibits, with certain exceptions, any purchase or payer reimbursement for a prescription drug at an amount that exceeds the upper payment limit established by the board for that prescription drug.

A person aggrieved by a decision of the board may appeal the decision within 60 days. The board shall consider the appeal and issue a final decision concerning the appeal within 60 days after the board receives the appeal. Final board decisions are subject to judicial review.

Any prescription drug manufacturer (manufacturer) that intends to withdraw from sale or distribution within the state a prescription drug for which the board has established an upper payment limit must notify, at least 180 days before the withdrawal:

• The commissioner;
• The attorney general; and
• Each entity in the state with which the manufacturer has contracted for the sale or distribution of the prescription drug.

The commissioner may impose a penalty of up to $500,000 on a manufacturer that fails to comply with the notice requirement. The board is directed to adopt rules regarding notice to consumers of a manufacturer's intent to withdraw a prescription drug from sale or distribution in the state.

Beginning in the 2022 calendar year, for all prescription drugs dispensed at a pharmacy and paid for by a carrier during the immediately preceding calendar year, the act requires each carrier and each pharmacy benefit management firm acting on behalf of a carrier to report certain information to the all-payer health claims database.

The act creates the Colorado prescription drug affordability advisory council to provide stakeholder input to the board.

The board must submit an annual report to the governor and to subject matter committees of the general assembly summarizing the activities of the board during the preceding calendar year, and the chair of the board must present to those committees information concerning any prescription drug for which the board established an upper payment limit during the preceding calendar year. Upon approval of a majority of the committee members, any member of the committees may pursue legislation to discontinue the upper payment limit for a particular prescription drug, and the legislation does not count against the limit on the number of bills the member may introduce in a regular legislative session.

The board and its functions are repealed, effective September 1, 2026, following a sunset review by the department of regulatory agencies.

For the 2021-2022 state fiscal year, the act appropriates $730,711 from the division of insurance cash fund to the department of regulatory agencies. Of this amount, $325,297 is appropriated for use by the division for personal services, $22,650 is appropriated for use by the division for operating expenses, and $382,824 is appropriated for the purchase of legal services, which amount is reappropriated to the department of law for providing legal services.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:

• Continues the Colorado civil rights division (division) and the Colorado civil rights commission (commission) indefinitely;
• Directs the division to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
• Allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred; and allows an individual to file a civil action, without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual's employer and allows the employer 14 days to respond;
• Directs the division to develop and provide to employers, free of charge, training and education programs regarding the prevention of harassment and discrimination in the workplace, bystander intervention, and workplace civility;
• Expands the definition of "employee" to include individuals in domestic service individuals who perform a service for a price, including independent contractors, subcontractors, and their employees; and individuals who offer services or labor without pay and specifies that an individual performing services for pay for another is deemed an employee unless, by a preponderance of the evidence, it is proven that the individual satisfies the conditions under the state wage law for a determination that the individual is not an employee;
• Adds a requirement that a written, electronic, or oral agreement or contract under which a person performs services for another must require that the person for whom the services are performed shall not engage in any discriminatory or unfair employment practice with respect to the individual performing the services ;
• Adds new definitions of "caregiver", "care recipient", "child", "minor child", and "harass" or "harassment" "hostile work environment", and "independent contractor" and repeals the current definition of "harass" that requires creation of a hostile work environment;
• Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status";
• Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice, and an employer has an affirmative defense to the claim if the employer demonstrates that, when the employer knew or should have known of the harassment, the employer took prompt, reasonable, and, if warranted, remedial action to end the harassment, deter future harassers, and protect employees;
• Specifies that it is a discriminatory or unfair employment practice for an employer to fail to initiate an investigation of a complaint or fail to take prompt , reasonable, and, if warranted, remedial action; if appropriate;
• Specifies the requirements for an employer to avoid liability when an employee proves that a supervisor unlawfully harassed that employee;
• Prohibits certain preemployment medical examinations, imposes limitations on inquiries and examinations about an employee's disability during employment, and specifies that violations of these prohibitions and limitations constitute discriminatory or unfair employment practices;
• Expands the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred;
• Repeals the limits on remedies in cases involving age discrimination;
• Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission Specifies requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and employee to be enforceable; voids a nondisclosure provision if a party makes a material misrepresentation; and requires the division to provide to a charging party other charges filed with the division against the same respondent; and
• Requires employers with 20 or more employees to provide and maintain records of training and education to all employees regarding harassment and discrimination prevention, bystander intervention, and workplace civility, encourages other employers to provide the training and education, and authorizes the division director to impose penalties on employers that fail to comply with the training and recordkeeping requirements.

The bill appropriates the following amounts to the following departments to implement the bill:

• $539,292 and 6.0 FTE to the department of corrections;
• $71,905 and 0.8 FTE to the department of education;
• $134,823 and 1.5 FTE to the office of the governor;
• $22,471 and 0.5 FTE to the department of health care policy and financing;
• $449,410 and 5.0 FTE to the department of human services;
• $449,410 and 5.0 FTE to the judicial department;
• $107,858 and 1.2 FTE to the department of labor and employment;
• $401,180 and 2.5 FTE to the department of law;
• $134,823 and 1.5 FTE to the department of natural resources;
• $630,465 and 1.5 FTE to the department of personnel;
• $125,835 and 1.4 FTE to the department of public health and environment;
• $161,788 and 1.8 FTE to the department of public safety;
• $652,879 and 9.7 FTE to the department of regulatory agencies;
• $134,823 and 1.5 FTE to the department of revenue; and
• $269,646 and 3.0 FTE to the department of transportation.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

The act:

• Requires each carrier offering medical malpractice insurance in the state to provide information regarding the insurer's policies related to labor and delivery services to the department of public health and environment;
• Repeals language that gives no force or effect to an advanced directive of a person who is pregnant while the person's fetus is viable;
• Requires annual reporting to the legislature on the use of restraints on a pregnant person within each jail, private contract prison, and correctional facility;
• Establishes requirements for each facility that incarcerates or has custody of people with the capacity for pregnancy;
• Requires the Colorado civil rights commission to receive reports from people alleging maternity care that is not organized for, and provided to, a person who is pregnant or in the postpartum period in a manner that is culturally congruent; maintains the person's dignity, privacy, and confidentiality; ensures freedom from harm and mistreatment; and enables informed choices and continuous support; and
• Requires each health facility that provides services related to labor and childbirth to demonstrate to the department of public health and environment that the health facility has a policy that meets certain requirements.

To implement this act:

• $148,783 is appropriated from the general fund to the department of corrections for use by institutions; and
• $50,215 is appropriated from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires:

• A carrier offering a health benefit plan in the state, and the department of health care policy and financing when administering the "Colorado Medical Assistance Act", to reimburse health-care providers that provide health-care services related to labor and delivery in a manner that:
• Promotes high-quality, cost-effective, and evidence-based care;
• Promotes high-value, evidence-based payment models; and
• Prevents risk in subsequent pregnancies;
• Each health-care provider licensed by the state who regularly provides health-care services related to labor and delivery to:
• Be able to identify when to transmit and receive patient information and transfer and receive patients, across the facility's levels of care; and
• Coordinate with other providers to effectuate services across the facility's levels of care in a way that prevents patients losing access to care;
• The birth certificate worksheet form to include a place to report where the pregnant person intended to give birth at the onset of the person's labor;
• The department of public health and environment to engage in a stakeholder process to:
• Make recommendations to improve the collection and public reporting of maternal health data from various entities; and
• Study the use of research evidence in policies related to the perinatal period in Colorado; and
• The department of health care policy and financing, no later than July 1, 2022, to seek an amendment to the state medical assistance plan to provide 12 months of postpartum medical benefits to persons who qualified for benefits while pregnant.

To implement the act, the act appropriates:

• $77,993 from the general fund to the department of health care policy and financing based on the assumption that the department will receive $481,379 in federal funds, and the act reappropriates the anticipated $481,379 of federal funds; and
• $82,243 from the general fund to the department of public health and environment for use by the prevention services division.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act states that, upon passage of the act, verification of lawful presence in the United States is not required for any purpose that lawful presence is not required by law, ordinance, or rule to receive benefits pursuant to a federal stimulus law or rule.

Effective July 1, 2022, the act repeals current laws that require a person to demonstrate the person's lawful presence in the United States to be eligible for certain public benefits and states that lawful presence is not a requirement of eligibility for state or local public benefits, as defined by 8 U.S.C. sec. 1621.

The act amends certain statutory provisions to clarify acceptable documents to demonstrate eligibility.

Current law prohibits a state agency or political subdivision from entering into or renewing a public contract with a contractor who knowingly employs or contracts persons who are undocumented. The act repeals that requirement and associated statutory provisions.

The act appropriates:

• $178,627 to the department of human services to implement the act. $47,768 is from the general fund and $130,859 is from the federal child care development funds; and
• $83,881 from the general fund to the department of revenue for use by the taxation business group to implement the act.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by:

• Directing the AQCC to:
• Consider the social cost of GHG emissions;
• Require GHG reductions on a linear or more stringent path; and
• Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program;
• Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and
• Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040.

Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act addresses concerns related to child care providers (providers) that are operating without a valid license or are exempt from licensure, including:

• Adding a requirement for the state department of human services (department) to include the names and locations of cease-and-desist orders that have been issued against a child care provider on the department's child care provider website (website) that is accessible to the public;
• Adding an additional requirement for the department to post on its website the name and location of any provider operating outside the allowed exemptions and to whom one or more cease-and-desist order has been issued. The information posted must include name, location, and total number of cease-and-desist orders issued to the same provider.
• Establishing that a person operating a facility, whether licensed or exempt from licensure, that has received a cease-and-desist order from the department or a county department and who fails to cure the violation cited by the department or a county department in the allotted period is guilty of a petty offense;
• Revising and increasing the language related to civil penalties and fines for persons operating a facility, whether licensed or exempt from licensure; and
• Clarifying that those petty offenses count toward the withholding of Colorado child care assistance program money for family child care home providers.

In honor and memory of Elle Matthews, the act names section 26-6-112 of the Colorado Revised Statutes the "Elle Matthews Act for Increased Safety in Child Care".

For the 2021-22 state fiscal year, $83,375 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from federal child care development funds. To implement the act, the office may use the appropriation for child care licensing and administration.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act appropriates $15,000,000 from the workers, employers, and workforce centers cash fund and the federal coronavirus recovery fund to the department of higher education for the Colorado opportunity scholarship initiative's displaced workers grant.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the executive director of the department of labor and employment (executive director), in partnership with the director of the division of unemployment insurance, the office of the governor, and either the new American advisor in the department or the director of the office of new Americans (ONA), if established, to study the feasibility of establishing a contract with a nonprofit, third-party entity to administer a wage replacement program for individuals who are unemployed through no fault of their own and who are ineligible for regular unemployment benefits due to their immigration status. The executive director and the new American advisor or director of the ONA are required to submit recommendations to the governor and to the senate business, labor, and technology committee and the house of representatives business affairs and labor committee.

$75,000 is appropriated to the department of labor and employment for the wage replacement program study.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates 4 new grant programs to increase capacity for early childhood care and education, improve recruitment and retention rates for early childhood educators (educators), and improve salaries for educators. The act makes an appropriation.

Specifically, the act creates the following programs:

• The employer-based child care facility grant program;
• The early care and education recruitment and retention grant and scholarship program;
• The child care teacher salary grant program; and
• The community innovation and resilience for care and learning equity (CIRCLE) grant program.

The act also eliminates the repeal dates for the child care sustainability grant program and the emerging and expanding child care grant program.

The act appropriates money for the grant programs from the general fund as well as from federal funds from the child care development fund.

The act makes the following appropriations:

• During the 2020 special session, the general assembly appropriated money for early childhood education. The act states that any of that money not expended prior to July 1, 2021, is further appropriated to the department of human services for the next fiscal year for the same purpose.
• For the 2020-21 state fiscal year, $8,800,000 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from the general fund. To implement this act, the office of early childhood may use this appropriation as follows:
• $100,000 for administration, which amount is based on an assumption that the office will require an additional 1.0 FTE; and
• $8,700,000 for the employer-based child care facility grant program.
• Any money appropriated but not expended prior to July 1, 2021, is further appropriated to the department of human services for use by the office of early childhood for the 2021-22 state fiscal year for the same purposes.
• For the 2021-22 state fiscal year, $320,241,576 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from federal funds from child care development funds. To implement this act, the office of early childhood may use this appropriation as follows:
• $292,700,664 for the child care sustainability grant program, which amount is based on an assumption that the office will require an additional 3.0 FTE. Any money appropriated for the child care sustainability grant program but not expended prior to July 1, 2022, is further appropriated for use by the office of early childhood for the 2022-23 state fiscal year for the same purposes;
• $16,800,000 for the community innovation and resilience for care and learning equity (CIRCLE) grant program, which amount is based on an assumption that the office will require an additional 1.0 FTE. Any money appropriated to the community innovation and resilience for care and learning equity (CIRCLE) grant program but not expended prior to July 1, 2022, is further appropriated for use by the office of early childhood for the 2022-23 state fiscal year for the same purposes;
• $7,200,000 for the early care and education recruitment and retention grant and scholarship program, which amount is based on an assumption that the office will require an additional 4.0 FTE;
• $3,000,000 for the child care teacher salary grant program, which amount is based on an assumption that the office will require an additional 1.0 FTE; and
• $540,912 for the administration, monitoring, compliance, and reporting requirements associated with the money appropriated in this subsection (3), which amount is based on an assumption that the office will require an additional 4.0 FTE.
• For the 2021-22 state fiscal year, $58,622,936 is appropriated to the department of human services for use by the office of early childhood. This appropriation is from federal funds from child care development funds. The office of early childhood may use this appropriation as follows:
• $23,845,252 for the child care assistance program;
• $32,455,511 for child care grants for quality and availability and federal targeted funds requirements, which amount is based on an assumption that the office will require an additional 6.0 FTE;
• $2,150,000 for the early childhood mental health consultation program, which amount is based on an assumption that the office will require an additional 1.0 FTE; and
• $172,173 for the administration, monitoring, compliance, and reporting requirements associated with the money appropriated in this subsection (4), which amount is based on an assumption that the office will require an additional 2.0 FTE.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness. The act expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness.

The act transfers $30 million from the affordable housing and home ownership cash fund to the housing development grant fund for the funding of rental assistance and tenancy support programs related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties. The act also transfers $15 million from the general fund to the affordable housing and home ownership cash fund.

Additionally, the act requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.

Finally, the act further expands the permissible use of the housing development grant fund to allow the awarding of grants to nonprofit organizations for the issuance of direct assistance to individuals who are currently experiencing financial need and are not eligible for certain other types of assistance. The act transfers $15 million from the general fund to the housing development grant fund for this purpose and requires the state treasurer to transfer all unexpended and unencumbered money that is transferred to the fund for this purpose to the general fund on June 30, 2022.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the state treasurer to transfer $1,500,000 from the general fund to the family and medical leave insurance fund for the purpose of defraying expenses incurred by the division of family and medical leave insurance (division) before the division receives premium revenue or revenue bond proceeds. The transfer is a loan from the state treasurer to the division that is required to be repaid and is not a grant for purposes of the state constitution or any other state law.

The division is required to repay the loan and accumulated interest by December 31, 2023.

Of the $1,500,000 transferred pursuant to the act:

• $1,162,202 is available for use by the division for program costs, including an additional 6.0 FTE;
• $231,920 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department of labor and employment; and
• $105,878 is reappropriated to the department of law to provide legal services for the department of labor and employment.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates in the department of education the menstrual hygiene products accessibility grant program to provide awards to eligible grant recipients in order to provide menstrual hygiene products at no expense to students.

For the 2021-22 state fiscal year, $100,000 is appropriated from the general fund to the department of education to implement the act.

(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act declares that the regulation of firearms is a matter of state and local concern. A local government is permitted to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory. The ordinance, regulation, or law may not be less restrictive than state law. The local law may only impose a criminal penalty for a violation upon a person who knew or reasonably should have known that the person's conduct was prohibited.

The act permits a local government, including a special district, and the governing board of an institution of higher education to enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's or governing board's jurisdiction, or for a special district, in a building or specific area under the direct control or management of the district. A local law may only impose a civil penalty for a violation, and the maximum fine that may be imposed for a first offense is $50.

(Note: This summary applies to this bill as enacted.)

Fiscal Note