The act directs the department of higher education and the department of education to convene a workgroup on diversity in the educator workforce (workgroup).
The department of higher education and the department of education shall select the members of the workgroup. The departments may seek recommendations or nominations from interested stakeholders. The workgroup members must be representative of the racial and ethnic diversity of the Colorado student population by ensuring that at least 50% of the workgroup is comprised of persons from historically underrepresented minority groups.
The workgroup shall investigate barriers to the preparation, retention, and recruitment of a diverse educator workforce and shall consider strategies to increase diversity in the educator workforce. The act includes specific issues for the workgroup to consider.
The workgroup shall submit a written report of its findings and recommendations to the education committees of the general assembly no later than September 30, 2022. The workgroup may submit interim findings and recommendations during the 2022 legislative session.
Under current law, the department of higher education reports annually concerning educator preparation programs, including enrollment, graduation rates, outcomes of graduates, and performance on assessments administered for licensure. The act requires the department of higher education to include the required information disaggregated by the candidates' or graduates' gender, race, and ethnicity. Further, the information contained in the annual report must be posted on the department of higher education's and the department of education's websites.
The act appropriates $20,115 from the general fund and provides 0.3 FTE to the department of education to implement the act and appropriates $7,400 from the general fund to the department of higher education to implement the act.
(Note: This summary applies to this bill as enacted.)
Current law requires the prescription drug monitoring program (program) to track all controlled substances prescribed in Colorado. The act requires the state board of pharmacy (board) to determine if the program should track all prescription drugs prescribed in this state. If the board determines that all drugs should be tracked, the act requires the board to promulgate rules to include all prescription drugs in the program. If the board determines that one or more drugs should not be tracked through the program, the act requires the board to publicly note the justification for the exclusions.
$61,118 is appropriated from the prescription drug monitoring fund to the department of regulatory agencies for use by the division of professions and occupations to implement the act.
(Note: This summary applies to this bill as enacted.)
The act requires the department of human services (state department) to establish procedures to approve recovery support services organizations for reimbursement of peer support professional services. The act also gives the executive director of the state department rule-making authority to establish other criteria and standards as necessary.
The act permits a recovery support services organization to charge and submit for reimbursement from the medical assistance program certain eligible peer support services provided by peer support professionals.
The act authorizes the department of health care policy and financing to reimburse recovery support services organizations for permissible claims for peer support services submitted under the medical services program.
The act requires contracts entered into between the state department's office of behavioral health and designated managed service organizations to include terms and conditions related to the support of peer-run recovery support services organizations.
For the 2021-22 state fiscal year, $28,654 is appropriated to the state department from the general fund for use by the office of behavioral health to implement this act.
(Note: This summary applies to this bill as enacted.)
Under current provisions of the Open Meetings Law (OML), if elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail constitutes a meeting that is subject to the OML's requirements. The act substitutes the word "exchange" for the word "use" in describing the type of electronic mail communication that triggers the application of the OML.
The act also clarifies existing statutory provisions to specify that electronic mail communication between elected officials that does not relate to the merits or substance of pending legislation or other public business is not a meeting for OML purposes. Under the act, the type of electronic communication that also does not constitute a meeting for OML purposes includes electronic communication regarding scheduling and availability as well as electronic communication that is sent by an elected official for the purpose of forwarding information, responding to an inquiry from an individual who is not a member of the state or local public body, or posing a question for later discussion by the public body. The act defines the term "merits or substance" to mean any discussion, debate, or exchange of ideas, either generally or specifically, related to the essence of any public policy proposition, specific proposal, or any other matter being considered by the governing entity.
(Note: This summary applies to this bill as enacted.)
The act expands the peace officers mental health support grant program (grant program) to include law enforcement agencies, behavioral health entities, county or district public health agencies, community-based social service and behavioral health providers, peace officer organizations, and public safety agencies as eligible entities. The act renames the grant program the peace officers behavioral health support and community partnerships grant program to reflect these changes.
The act also expands the purposes for which grant money can be used to include co-responder community responses and community-based alternative responses. Public safety agencies, law enforcement agencies, and peace officer organizations that apply for a grant are encouraged to do so in collaboration with mental health centers and other community-based social service or behavioral health providers in their region. The act specifies which funding opportunities each entity may apply for.
The act appropriates $1,000,000 to the department of local affairs for the grant program.
(Note: This summary applies to this bill as enacted.)
The bill directs the Colorado water conservation board (board), in consultation with the state engineer, to contract with a Colorado institution of higher education (institution) to conduct a study to:
The bill directs the board or the institution to submit a report summarizing the results of the study to the water resources review committee by August 1, 2022, which shall either have legislation drafted to implement the study's recommendations or submit the study along with its own recommendations to the committees of the general assembly with jurisdiction over water resources by January 1, 2023.
(Note: This summary applies to this bill as introduced.)
A state or local public body conducting a search for a chief executive officer of an agency, authority, institution, or other entity is required to name one or more candidates as finalists and to make the finalist or finalists public prior to making an offer of employment. The application materials of an applicant for any employment position, including an applicant for an executive position who is not a finalist, are not subject to public inspection under the "Colorado Open Records Act". The act repeals a provision requiring that, if 3 or fewer candidates for an executive position meet the minimum requirements for the position, all of those candidates must be treated as finalists and their application materials are public records. The act requires the disclosure of demographic data concerning the race and gender of a candidate who was interviewed but not named as a finalist for a chief executive officer position, if that information was legally requested and voluntarily provided.
(Note: This summary applies to this bill as enacted.)
Under current law, the admission standards for first-time admitted freshmen students must use high school academic performance indicators and national assessment test scores. The act removes the requirement for a national assessment test score. The act states that the governing board of a state institution of higher education (institution) may, but is not required to, require a national assessment test score as an eligibility criterion for admission.
An applicant may submit a national assessment test score to an institution that does not require a national assessment test score as an eligibility criterion and request that the institution consider the national assessment test score.
Starting June 30, 2023, the department of higher education (department) shall publish and submit to the education committees an annual report of various data intended to determine whether requiring or not requiring a national assessment test score as an eligibility criterion for the admissions process provides greater diversity among institutions without causing negative student outcomes that are directly attributable to the change in the admissions process.
On or before June 30, 2027, and on or before June 30, 2032, the commission on higher education shall publish and submit to the education committees a report analyzing the annual reports submitted by the department.
(Note: This summary applies to this bill as enacted.)
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:
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.)
The bill establishes immunity from civil liability for entities for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the entity attempts in good faith to comply with applicable public health guidelines.
The bill is repealed 2 years after the date the governor terminates the state of disaster emergency declared on March 11, 2020.
(Note: This summary applies to this bill as introduced.)
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.)
The act requires the office of information technology (office) in partnership with each principal department of the state to file a report by October 15, 2021, with the joint technology committee (committee) concerning the department's electronic filing capacity. The report must include information on the proportion of documents that can currently be filed electronically with the department, the actions required to allow at least 80% of documents filed with the department to be filed electronically, and any obstacles or barriers the department or the office would face in implementing electronic filing for at least 80% of documents filed with the department.
The governing body of each county and city and county is also required to file a report with the committee by October 15, 2021, concerning the county's electronic filing capacity. The report must include information on the proportion of documents that can currently be filed electronically with the county, the actions required to allow at least 80% of documents filed with the county to be filed electronically, and any obstacles or barriers the county would face in implementing electronic filing for at least 80% of documents filed with the county.
(Note: This summary applies to this bill as enacted.)
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:
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.)
The act directs the chief information officer to convene an advisory group to study where personally identifiable information is stored by state agencies throughout Colorado, to study entities that have access to personally identifiable information stored by state agencies, and to determine the costs and processes necessary to centralize the storage and protection of personally identifiable information.
The advisory group consists of the members of the government data advisory board, a member who represents the attorney general's office, and members selected and appointed by the chief information officer who are personally identifiable information experts.
The advisory group shall report to the general assembly on or before January 1, 2023, with its findings and recommendations for legislation, if any. The advisory group is subject to repeal January 1, 2024.
(Note: This summary applies to this bill as enacted.)
The act authorizes a school district board of education to establish a scholarship program for graduates of the school district. The scholarships must be paid from additional mill levy revenue that the school district is authorized to collect; gifts, grants, and donations; or both. A school district board of education that establishes a scholarship program is encouraged to prioritize low-income and first-generation students and limit the allowable uses of scholarship money.
(Note: This summary applies to this bill as enacted.)
Current law does not prevent a higher education institution (institution) from considering legacy preferences and familial relationships to alumni of the institution as eligible criteria for admissions standards. The act prohibits a governing board of a state-supported higher education institution (governing board) from considering legacy preferences and familial relationships to alumni of the institution in the admissions process. The act allows a governing board to ask questions regarding familial relationships to alumni of the institution in order to collect data.
(Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer to the capital construction fund any excess proceeds from the issuance of a lease-purchase agreement under Senate Bill 20-219, concerning the issuance of a lease-purchase agreement to fund the continuations of certain previously funded capital construction projects, that are initially credited to the emergency controlled maintenance account.
(Note: This summary applies to this bill as enacted.)
The act amends the definition of "telemedicine" in the "Colorado Medical Practice Act" to state that the term means the delivery of medical services through technologies that are used in a manner that is compliant with the federal "Health Insurance Portability and Accountability Act of 1996", including information, electronic, and communication technologies, remote monitoring technologies, and store-and-forward transfers, to facilitate the assessment, diagnosis, consultation, or treatment of a patient while the patient is located at an originating site and the person who provides the service is located at a distant site. The act amends and preserves the existing statutory definition of "telemedicine" for purposes of the "Colorado Medical Assistance Act".
(Note: This summary applies to this bill as enacted.)
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.)
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:
Each carrier must:
Additionally, the act requires the commissioner to:
Beginning January 1, 2023, and each year thereafter, the act requires carriers that offer:
In the individual market and in the small group market, each carrier shall offer a standardized health benefit plan premium that:
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:
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:
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:
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:
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.)
The act requires the department of personnel (department) to create and maintain an inventory of unused state-owned real property and to determine whether the unused state-owned real property identified is suitable for construction of affordable housing, child care, public schools, residential mental and behavioral health care, or for placement of renewable energy facilities, or if such property is suitable for other purposes. The act defines unused state-owned real property as real property owned by or under the control of a state agency, not including the division of parks and wildlife in the department of natural resources and not including the state board of land commissioners or any state institution of higher education.
The department is authorized to seek proposals from qualified developers to construct affordable housing, child care, public schools, residential mental and behavioral health care, or to place renewable energy facilities on unused state-owned real property that the department has deemed suitable. Budget requests for those purposes must be made through the current budgetary process; except that budget requests may not be made through a request for a supplemental appropriation.
The department is authorized to enter into contracts with qualified developers for proposals to construct affordable housing, child care, public schools, residential mental and behavioral health care, or to place renewable energy facilities, on unused state-owned real property that the department has deemed suitable, subject to available appropriations. Prior to entering into contracts, the department must first submit a report to capital development committee (CDC) that outlines the anticipated use of the property. The department may not enter into contracts without the approval of the CDC.
The act creates the unused state-owned real property cash fund to which the state treasurer is required to credit all proceeds from the sale, rent, or lease of unused state-owned real property.
(Note: This summary applies to this bill as enacted.)
The act requires a health benefit plan issued or renewed on or after January 1, 2023, to provide a cost-sharing benefit for nonpharmacological treatment where an opioid might be prescribed. The required cost-sharing benefit must include a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for nonpreventive services, at least 6 physical therapy visits, 6 occupational therapy visits, 6 chiropractic visits, and 6 acupuncture visits per year. The division of insurance (division) is required to submit to the federal department of human services a determination as to whether the cost-sharing benefit is in addition to an essential benefit and subject to defrayal by the state pursuant to federal law and a request for confirmation of the determination. The division is required to implement the benefit only if the benefit does not constitute an additional benefit that requires a defrayal.
The act requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2023, for at least one atypical opioid that is approved by the federal food and drug administration (FDA) for the treatment of acute or chronic pain, which coverage must be at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization. Additionally, a carrier cannot require step therapy for any additional FDA-approved atypical opioids.
The act precludes a carrier that has a contract with a physical therapist, occupational therapist, chiropractor, or acupuncturist from:
The commissioner of insurance is required to take action against a carrier that the commissioner determines is not complying with these prohibitions.
Current law limits specified prescribers from prescribing more than a 7-day supply of an opioid to a patient who has not obtained an opioid prescription from that prescriber within the previous 12 months unless certain conditions apply. This prescribing limitation is set to repeal on September 1, 2021.The act continues the prescribing limitation indefinitely.
The also requires the applicable board for each prescriber to promulgate rules that limit the supply of a benzodiazepine, which is a sedative commonly prescribed for anxiety and as a sleep aid, that a prescriber may prescribe to a patient who has not had a prescription for a benzodiazepine in the last 12 months, except for benzodiazepines prescribed to treat specific disorders or conditions.
The act continues indefinitely the requirement that a health-care provider query the prescription drug monitoring program (program) before prescribing an opioid, including a benzodiazepine, and changes current law to require the query on every prescription fill, not just the second fill. This section also requires a practitioner to query the program before prescribing a benzodiazepine unless it is to treat a specific disorder or condition.
In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, section 16 allows medical examiners and coroners to query the program when conducting a death investigation.
The act also authorizes the state board of pharmacy to provide a means of sharing prescription information from the program with the health information organization network in order to work collaboratively with statewide health information exchanges designated by the department of health care policy and financing.
The act requires the center for research into substance use disorder prevention, treatment, and recovery support strategies to include in its continuing education activities the best practices for prescribing benzodiazepines and the potential harm of inappropriately limiting prescriptions to chronic pain patients and makes an appropriation for this purpose.
The act directs the office of behavioral health in the department of human services to convene a collaborative with institutions of higher education, nonprofit agencies, and state agencies for the purpose of gathering feedback from local public health agencies, institutions of higher education, nonprofit agencies, and state agencies concerning evidence-based prevention practices.
$382,908 is appropriated to the department of human services for use by the office of behavioral health. $13,000 is appropriated to the department of regulatory agencies for use by the division of insurance. $215,207 is appropriated to the department of regulatory agencies.
(Note: This summary applies to this bill as enacted.)
Section 1 of the act requires owners of certain large buildings (covered buildings), on an annual basis, to collect and report to the Colorado energy office (office) the covered building's energy use. The act establishes a process requiring certain electric and gas utilities to provide energy-use data to a covered building owner when requested by the covered building owner.
On or before October 1, 2021, the director of the office is required to appoint and convene a task force consisting of various building owners, building professionals, utility representatives, and local government representatives to recommend performance standards for adoption as rules by the air quality control commission (commission). The performance standards set forth in rule would need to achieve a reduction in greenhouse gas emissions of 7% by 2026 compared to 2021 levels as reported in energy benchmarking data and by 20% by 2030 compared to 2021 levels. The performance standards adopted must include a provision that an owner of a public building need only comply with the performance standards with regard to certain types of construction or renovation projects and only if the construction or renovation project has an estimated cost of at least $500,000. Covered building owners would then need to demonstrate their compliance with the performance standards set forth in the commission's rules. The commission is also required to adopt rules regarding the issuance of waivers and extensions of time for performance standard compliance. The commission may adopt additional rules, as the commission deems necessary, to modify or continue the performance standards.
Section 2 authorizes the office to use the energy fund to help finance its work to administer the benchmarking and performance standard program described in section 1 (program).
Section 3 requires the office to administer the program and assist covered building owners with the reporting requirements set forth in section 1 by:
Section 4 imposes penalties for violations of the benchmarking requirements in amounts up to $500 for a first violation and up to $2,000 for each subsequent violation. The commission is required to establish by rule civil penalties for a violation of the commission's performance standards in an amount not to exceed $2,000 for a first violation and $5,000 for a subsequent violation.
Section 5 modifies the definition of an "energy performance contract" that a governing body of a municipality, county, special district, or school district (board) enters into for evaluation, recommendations, or implementation of energy saving measures to remove requirements that a board's payment for goods and services pursuant to the contract be made within a certain number of years of the contract's execution.
(Note: This summary applies to this bill as enacted.)
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.)
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.)
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:
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 act requires the Colorado school of public health to do a systematic review of the scientific research related to the possible physical and mental health effects of high-potency THC marijuana and concentrates using only funding provided by the general assembly. The act creates a scientific review council (council) to review the report and make recommendations to the general assembly. Based on the research and findings, the Colorado school of public health shall produce a public education campaign for the general public, to be approved by the council, regarding the effect of high-potency THC marijuana on the developing brain and mental health.
Current law requires a doctor to conduct a full assessment of the patient's medical history when making a medical marijuana recommendation. The act requires that assessment to include the patient's mental health history. If the recommending physician is not the patient's primary care physician, the act directs the recommending physician to review the records of a diagnosing physician or licensed mental health provider. When a practitioner makes a medical marijuana authorization, the practitioner must certify that authorization to the department of public health and environment (department). The act requires the certification to include:
The act prohibits a physician for charging an additional fee for recommending an extended plant count or making a recommendation related to an exception to a medical marijuana requirement. The act directs the department to annually report on the number of physicians who made medical marijuana recommendations in the past year, how many recommendations each physician made, and the number of homebound patients ages 18 to 20 years old in the registry.
The act imposes the following requirements on medical marijuana patients ages 18 to 20 years old:
The act requires the department to create a report from emergency room and hospital discharge data of patients who presented with conditions or a diagnosis that reflects marijuana use and provide that report at the department's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.
The act directs the association representing coroners to establish a working group to study methods to test for all scheduled drugs and the presence and quantity of THC in each case of a non-natural death and make recommendations by July 1, 2022. The recommendation must be reported to the house of representatives health and insurance committee and the senate health and human services committee, or their successor committees. Beginning January 1, 2022, the act requires the coroner in each case of a non-natural death to complete a toxicology screen. The coroner shall report the results of the toxicology screen to the Colorado violent death reporting system. The department then produces an annual report of the data beginning January 2, 2023, and annually each year thereafter.
The act prohibits medical marijuana advertising that is specifically directed to persons ages 18 to 20 years old and requires medical and retail marijuana concentrate advertising to include a warning regarding the risks of medical marijuana concentrate overconsumption.
A medical marijuana store and retail marijuana store shall provide a patient with a tangible education resource regarding the use of medical or retail marijuana concentrate when selling concentrate.
The act requires medical marijuana stores to immediately record transactions in the seed-to-sale inventory tracking system to allow the system to:
The data collected is confidential and shall not be shared with anyone except when necessary to complete a sale.
The act limits the amount of medical marijuana concentrate that a patient can purchase in one day to 8 grams, unless the patient is 18 to 20 years old then the limit is 2 grams, except in the case of a homebound patient, if the patient's certification states that the patient needs more than 8 grams or 2 grams respectively. The limit does not apply to medical marijuana patients if it would be a significant physical or geographic hardship for the patient to make a daily purchase or if the patient had a registry identification card prior to being 18 years old.
The act limits the amount of retail marijuana concentrate that a patient can purchase in one day to 8 grams.
The marijuana enforcement division shall convene a stakeholder work group to develop and complete by January 1, 2022:
For the 2021-22 state fiscal year, the act appropriates:
During the 2020 regular legislative session, the general assembly enacted Senate Bill 20-123 concerning the rights of college athletes, and, in connection therewith, establishing their right to receive compensation for the use of their names, images, and likenesses and their right to obtain professional and legal representation. The governor subsequently signed Senate Bill 20-123 into law.
Senate Bill 20-123 was enacted with an effective date of January 1, 2023. The act changes this effective date to July 1, 2021.
(Note: This summary applies to this bill as enacted.)
Beginning with the 2021-22 state fiscal year, the act directs the Colorado opportunity scholarship initiative (COSI) advisory board to allocate to public institutions of higher education (institution) an amount appropriated to the COSI fund from money received pursuant to the federal "American Rescue Plan Act of 2021" (ARPA). To receive a distribution of its allocation, an institution must submit a student assistance plan (plan) explaining how the institution will use the money to provide financial assistance and support services to students who have some postsecondary credits but stopped attending before obtaining a credential, and first-time students who were admitted to an institution for the 2019-20 or 2020-21 academic year but did not enroll for the 2020-21 academic year. The provision of financial assistance and support services is designed to decrease student debt and increase student enrollment, retention, and completion of credentials. The COSI advisory board must review each plan based on specified criteria and may require changes to a plan before approving a distribution. At the end of the fiscal year, each institution must submit a report of how it used the money and the results achieved. The COSI director must include the information in the report that the board annually prepares for the joint budget committee and the education committees of the general assembly. The program to distribute the federal money in this manner is repealed July 1, 2026.
The act creates the student aid applications completion grant program (grant program) in COSI. A school district, a charter school, or a board of cooperative services that operates a high school (local education provider) that chooses to apply for a grant must require the students enrolled by the local education provider to complete the free application for federal student aid and the Colorado application for state financial aid (student aid applications) before high school graduation, unless waived under conditions specified by the local education provider. The act specifies the contents of the application and requires the COSI board to review the applications and approve the grant awards to be paid from an amount appropriated to the COSI fund in the act. Each grant recipient must submit an annual report concerning use of the grant money, and the COSI board must include a summary report in the annual report that the COSI board submits to the education committees of the general assembly. The grant program is repealed July 1, 2026.
The act creates the Colorado re-engaged (CORE) initiative within the department of higher education (department) to award an associate degree to an eligible student who enrolls in a baccalaureate degree program at a 4-year institution and earns at least 70 credit hours, but stops attending before attaining the degree. The act specifies the role of the department in implementing the CORE initiative and the role of an institution that chooses to participate in the CORE initiative. Each institution that chooses to participate in the CORE initiative must annually submit to the department a report concerning implementation of the CORE initiative. The department must review and compile the reports and submit a summary report to the education committees of the general assembly.
The act repeals the requirement that a community college or a local district college must receive approval from the Colorado commission on higher education (commission) to offer a bachelor of applied science degree program. A community college or a local district college that seeks to offer a bachelor of applied science degree program must apply to its governing board, and the governing board may approve the program based on specified criteria. If a governing board approves a bachelor of applied science degree program, the governing board must notify the commission. The act repeals the criteria the commission must apply in approving a bachelor's degree program for a local district college.
The act directs the commission to convene a task force to:
The act describes the membership of the task force and the issues the task force must address. By December 15, 2021, the task force must submit a report of findings and recommendations to the commission and to the education committees of the general assembly. The department must post the report on the department's website.
The act creates within the department a working group appointed by the governor to recommend strategies for increasing the student completion rate for the student aid applications. The working group must submit its recommendations to the commission, the state board of education, the joint budget committee, and the education committees of the general assembly by January 15, 2022.
The act allows the governing board of an institution to classify a qualified person as an in-state student, for tuition purposes only, if the qualified person moves to the state to accept employment, the employer is paying the qualified person's tuition, and the qualified person demonstrates the intent to establish permanent domicile in the state. The qualified person is not eligible to receive the state stipend for the first year of enrollment.
For the 2021-22 fiscal year the following amounts are appropriated from money the state received from the federal coronavirus state fiscal recovery fund:
The act changes the names of the following colleges:
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:
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.)
The bill prohibits the state and any of its departments, institutions, or agencies (state) from making it a condition of employment that an employee or a prospective employee execute a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee or prospective employee from disclosing factual circumstances concerning the individual's employment with the state (nondisclosure agreement) except where the nondisclosure agreement is necessary to prevent disclosure of:
The bill prohibits nondisclosure agreements that prohibit state employees from disclosing factual circumstances concerning their employment. To the extent that an employer includes any such provision in any employment contract or agreement, the provision is deemed against public policy and unenforceable against a current or former employee who is a party to the contract or agreement except where the provision is intended to prevent disclosure of factual circumstances implicating the employee's privacy interests or matters required to be kept confidential under federal or state law or matters bearing on the specialized details of security arrangements or investigations.
The bill prohibits the state from taking any retaliatory action against an individual on the grounds that the individual does not enter into a contract or agreement deemed to be against public policy and unenforceable under the bill. Any person who enforces or attempts to enforce a provision deemed against public policy and unenforceable under the bill is liable for the employee's reasonable attorney fees and costs in defending against the action.
(Note: This summary applies to this bill as introduced.)
Beginning with the 2021-22 academic year, the act requires a state institution of higher education (institution) to adopt a policy to offer in-state tuition classification to students who would not otherwise qualify for in-state tuition if the student is a federally recognized member of a federally recognized American Indian tribe with historical ties to Colorado, as designated by the Colorado commission of Indian affairs in partnership with history Colorado.
The institution may count the student as a resident student for any purpose within the tuition classification statutes and for purposes of resident enrollment requirements. The student is eligible to apply for the Colorado opportunity fund stipend and state-funded financial aid, and may be eligible for private financial aid programs.
(Note: This summary applies to this bill as enacted.)
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.)
The 2020 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the offices of the governor, lieutenant governor, and state planning and budgeting. The general fund and reappropriated funds portions of the appropriation are increased and the cash funds portion is decreased.
(Note: This summary applies to this bill as enacted.)
The act authorizes a school district, a board of cooperative services, an institution of higher education, a nonprofit organization, a charter school, the state charter school institute, a nonpublic school, or any combination of these entities to create an alternative principal program (program). The program must meet statutory requirements and is subject to approval and periodic reapproval by the state board of education. A person who completes an approved program while employed by a school district, board of cooperative services, or charter school may qualify for an initial or professional principal license.
For the 2021-22 fiscal year, the act appropriates $16,692 from the educator licensure cash fund to the department of education for the office of professional services.
(Note: This summary applies to this bill as enacted.)
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:
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.)
The act modifies the requirement for the 2021-22 fiscal year that the annual appropriations for higher education student financial assistance increase by at least the same percentage as the aggregate percentage increase of all general fund appropriations to institutions of higher education. The act clarifies that this standard increase will not apply to appropriations for the 2021-22 fiscal year for increases in funding for the institutions of higher education that restore aggregate general fund appropriations to a level at or below the level of such appropriations for the 2019-20 fiscal year. Furthermore, for the 2021-22 fiscal year, the standard formula will be calculated based on 2020-21 fiscal year financial aid appropriations during the 2020 legislative session and does not include supplemental appropriations for financial aid during the 2021 legislative session.
(Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies (department) in its sunset review and report on the surgical assistants and surgical technologists registration program. Specifically, the act:
The act implements the recommendation of the department of regulatory agencies in its sunset review of and report on the healthcare-associated infections and antimicrobial resistance advisory committee by extending the committee indefinitely.
(Note: This summary applies to this bill as enacted.)
The act continues the prescription drug monitoring program (program) indefinitely.
Additionally, the act:
For the 2020-21 and 2021-22 state fiscal years only, the act allows the Auraria board to make payments on certain existing bonds for auxiliary facilities from other sources, including money contributed by constituent institutions and from money appropriated to the board by the general assembly.
(Note: This summary applies to this bill as enacted.)
The act requires the state department of human services (department) to establish a veteran suicide prevention pilot program (pilot program) to reduce the suicide rate and suicidal ideation among veterans by providing no-cost, stigma-free, confidential, and effective behavioral health treatment for up to 700 veterans and their families in El Paso County. Subject to available money, the department may expand the pilot program to serve more than 700 veterans or to other areas of the state. The department may enter into an agreement with a nonprofit or educational organization to administer the pilot program. The department is required to include information about the pilot program in its annual report to the general assembly. The pilot program is repealed June 30, 2025.
The act appropriates $1,660,000 from the general fund to the department of human service for the pilot program.
(Note: This summary applies to this bill as enacted.)
The act specifies measures in several categories to protect personal identifying information (PII) kept by state agencies.
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.
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.
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.)
The act creates the "Traveling Animal Protection Act" (Act), which prohibits a person from causing the performance of specified animals, such as whales, dolphins, wild cats, marsupials, nonhuman primates, rhinoceroses, seals, elephants, large birds, penguins, and bears, in a traveling animal act. The Act exempts the use of livestock and alternative livestock.
The Act also exempts the use of the specified animals by or at:
A person who violates the act commits a misdemeanor and is subject to a fine ranging from $250 to $1,000 per violation.
(Note: This summary applies to this bill as enacted.)
The act continues the requirement that an opioid prescriber must adhere to the limitations on prescribing opioids.
The act continues the funding for the medication-assisted treatment expansion pilot program for the 2020-21 fiscal year and each year thereafter.
The act creates the regional health connector workforce program in the University of Colorado School of Medicine to educate health-care providers on evidence-based and evidence-informed therapies and techniques; provide support and assistance to primary care providers as a link between multiple services to improve community health; assist primary care practices and community agencies in connecting patients with mental health or substance use disorders to support and treatment options; educate health-care providers; and provide clear information to providers and community members about COVID-19.
The act expands the Colorado State University AgrAbility project (project) by providing funding for the project's rural rehabilitation specialists to provide information, services, and research-based, stress-assistance information, education, suicide prevention training, and referrals to behavioral health-care services to farmers, ranchers, agricultural workers, and their families to mitigate incidences of harmful responses to stress experienced by these individuals.
The act continuously appropriates money to the harm reduction grant program.
No later than July 1, 2023, the department of health care policy and financing (HCPF) shall contract with one or more independent review organizations to conduct external reviews requested for review by a medicaid provider when there is a denial or reduction for residential or inpatient substance use disorder treatment and medicaid appeals have been exhausted.
No later than October 1, 2021, HCPF shall consult with the office of behavioral health (OBH), residential treatment providers, and managed care entities (MCE) to develop standardized utilization management processes to determine medical necessity for residential and inpatient substance use disorder treatment, which processes must be incorporated into existing MCE contracts no later than January 1, 2022.
No later than July 1, 2022, HCPF shall contract with an independent third-party vendor to audit 33% of all denials of authorization for inpatient and residential substance use disorder treatment for each MCE.
The act requires the state medical assistance program (medicaid) to include screening for perinatal mood and anxiety disorders for the caregiver of each child enrolled in medicaid in accordance with the health resources and services administration guidelines. The screening must be made available to any caregiver, regardless of whether the caregiver is enrolled in medicaid, so long as the caregiver's child is enrolled in medicaid.
No later than July 1, 2023, the Colorado department of human services (CDHS) shall develop a statewide data collection and information system to analyze implementation data and selected outcomes to identify areas for improvement, promote accountability, and provide insights to continually improve child and program outcomes.
The act requires CDHS, in collaboration with the department of agriculture, to contract with a nonprofit organization primarily focused on serving agricultural and rural communities in Colorado to provide vouchers to individuals living in rural and frontier communities in need of behavioral health-care services.
The act creates the county-based behavioral health grant program in OBH to provide matching grants to county departments of human or social services for the expansion or improvement of local or regional behavioral health disorder treatment programs. The grant program repeals July 1, 2023.
The act creates the behavioral health-care workforce development program in OBH to increase the behavioral health-care workforce's ability to treat individuals, including youth, with severe behavioral health disorders.
No later than August 1, 2021, CDHS shall develop a program to provide emergency resources to licensed providers to help remove barriers such providers face in serving children and youth whose behavioral or mental health needs require services and treatment in a residential child care facility.
The act requires CDHS, in collaboration with HCPF, to develop a statewide care coordination infrastructure to drive accountability and more effective behavioral health navigation to care that builds upon and collaborates with existing care coordination services.
The act requires the center for research into substance use disorder prevention, treatment, and recovery support strategies to engage in community engagement activities to address substance use prevention, harm reduction, criminal justice response, treatment, and recovery.
The act continues the building substance use disorder treatment capacity in underserved communities grant program indefinitely.
The act requires the perinatal substance use data linkage project to utilize data from multiple state-administered data sources when examining certain issues related to pregnant and postpartum women with substance use disorders and their infants.
No later than January 1, 2022, OBH shall use a competitive selection process to select a recovery residence certifying body to certify recovery residences and educate and train recovery residence owners and staff on industry best practices.
The act requires OBH to establish a program to provide temporary financial housing assistance to individuals with a substance use disorder who have no supportive housing options when the individual is transitioning out of a residential treatment setting and into recovery or receiving treatment for the individual's substance use disorder.
The act creates the recovery support services grant program for the purpose of providing recovery-oriented services to individuals with a substance use disorder or co-occurring substance use and mental health disorder.
The act removes the requirement that the office of ombudsman for behavioral health access to care (office) enter into a memorandum of understanding with CDHS and subjects the office to state personnel and fiscal rules.
The act continues the appropriation to the maternal and child health pilot program indefinitely.
The act continues the program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose.
The act requires a correctional facility or private contract prison to offer a person in custody, upon release from the facility, at least 2 doses of an opioid reversal medication and education about the appropriate use of the medication.
The act removes municipal, county, or fire program district fire stations from the definition of "safe station" as it relates to the disposal of controlled substances.
The act requires the opioid and other substance use disorders study committee to meet in the 2022 interim rather than the 2021 interim.
The act requires the university of Colorado school of medicine to provide practice consultation services and stipends to health-care providers who are eligible to provide medication for opioid use disorder.
The act creates the behavioral and mental health cash fund which consists of $550 million the state received from the federal "American Rescue Plan Act". The act requires the executive committee of the legislative council to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and governor on policies to create transformational change in the area of behavioral health.
The act appropriates additional one-time money to the Colorado health service corps fund from the money received from the federal "American Rescue Plan Act".
The act adds services for families with behavioral health needs as an allowable use for the high-risk families cash fund.
The act continues the harm reduction grant program and the maternal and child health pilot program indefinitely.
The act appropriates state money and money received by the "American Rescue Plan Act" to various state departments for certain behavioral health-related programs.
(Note: This summary applies to this bill as enacted.)
The act requires each dental plan issued, amended, or renewed in this state to cover services offered to a covered person through telehealth. The act also requires the state's medical assistance program to reimburse providers for dental care services provided through telehealth.
(Note: This summary applies to this bill as enacted.)
The act continues the "Athletic Trainer Practice Act" (practice act) and the licensing of athletic trainers by the director of the division of professions and occupations in the department of regulatory agencies for 10 years, until 2031. The act also makes the following substantive changes to the practice act:
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.)
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:
The bill appropriates the following amounts to the following departments to implement the bill:
(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.)
Current law limits the content areas in which a person who holds an adjunct instructor authorization may teach. The act allows a school district or charter school to employ a person who holds an adjunct instructor authorization to teach in all content areas in order to address recruiting challenges and establish a diverse workforce.
The act requires the department of education (department) to direct resources to publicize existing teacher preparation programs to facilitate entry into the teaching profession. The act also requires the department to provide technical support to school districts, boards of cooperative services, and charter schools to assist them in accessing the existing programs and in recruiting individuals to pursue teaching careers.
The act requires the department of higher education, in collaboration with the department of education, the state board for community colleges and occupational education, and the deans of the schools of education and academic administrators in Colorado institutions of higher education, or their designees, to design a teaching career pathway for individuals to enter the teaching profession. The act outlines the components of the teaching career pathway program.
The act creates the teacher recruitment education and preparation program (TREP program) in the department. Two of the main objectives of the TREP program are to increase the number of students entering the teaching profession and to create a more diverse teacher workforce to reflect the ethnic diversity of the state. A qualified TREP program participant may concurrently enroll in postsecondary courses in the 2 years directly following the year in which the participant was enrolled in the twelfth grade of a local education provider. The act outlines the selection criteria and requirements for the TREP program.
The act creates the educator recruitment and retention program (ERR program) in the department to provide support to members of the armed forces, nonmilitary-affiliated educator candidates, and local education providers to recruit, select, train, and retain highly qualified educators across the state. The state board of education shall promulgate rules to implement the ERR program. The act outlines the eligibility criteria and program services.
The act adds criteria for the commission on higher education to select eligible applicants for the educator loan forgiveness program.
The act requires the university of Colorado health and sciences center to establish and operate an educator well-being and mental health program to provide support services for educators serving students in Colorado's public elementary and secondary schools.
For the 2021-22 state fiscal year, $9,132,856 is appropriated from the general fund to the department of education to implement the act. For the 2021-22 state fiscal year, $942,542 is appropriated from the general fund to the department of higher education to implement the act. For the 2021-22 state fiscal year, $2,500,000 is appropriated from the general fund to the educator loan forgiveness fund. The department of higher education is responsible for the accounting related to the appropriation for the educator loan forgiveness fund.
(Note: This summary applies to this bill as enacted.)
The act creates personal data privacy rights and:
The act defines a "controller" as a person that, alone or jointly with others, determines the purposes and means of processing personal data. A "processor" means a person that processes personal data on behalf of a controller. Consumers have the right to opt out of a controller's processing of their personal data; access, correct, or delete the data; or obtain from a controller a portable copy of the data.
The act:
Local governments are preempted from adopting laws that govern the processing of personal data by controllers or processors. The attorney general may promulgate rules to administer the act and is required to adopt rules detailing technical specifications for a universal opt-out mechanism that controllers must use.
(Note: This summary applies to this bill as enacted.)
The bill provides injured workers control over the selection of the primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which the injured worker may select the treating physician, and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
(Note: This summary applies to this bill as introduced.)
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:
(Note: This summary applies to this bill as introduced.)
For the state fiscal year beginning July 1, 2021, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2021. The grand total for the operating budget is set at $34,663,861,108 of which $9,390,465,968 is from the general funds portion of the appropriation; $2,541,061,637 is from the general fund exempt portion; $9,556,366,495 is from the cash funds portion; $2,190,040,788 is from the reappropriated funds portion; and $10,985,926,220 is from the federal funds portion.
The grand total for the state fiscal year beginning July 1, 2021, for capital construction projects is $301,716,984 of which $217,395,025 is from the capital construction fund portion of the appropriation; $79,429,276 is from the cash funds portion; $1,800,000 is from the reappropriated funds portion; and $3,092,683 is from the federal funds portion.
The grand total for the state fiscal year beginning July 1, 2021, for information technology projects is $65,935,383 of which $28,711,790 is from the capital construction fund portion of the appropriation; $29,977,393 is from the cash funds portion; and $7,246,200 is from the federal funds portion.
The 2018 capital construction appropriations is amended to balance and make adjustments to the total amount appropriated to the departments of higher education and human services.
The 2019 general appropriation is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, and higher education.
The 2020 general appropriation is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, higher education, human services, local affairs, military and veterans affairs, public safety and treasury. The 2020 capital construction appropriations are amended to balance and make adjustments to the total amount appropriation to the department of personnel.
An appropriation made in the 2019 general appropriation act is amended to correct the name of the cash fund from which money is appropriated for the children's basic health plan medical and dental costs.
Appropriations made in House Bill 20-1385, concerning the increased money received due to the federal "Families First Coronavirus Response Act", is amended to reduce the amount appropriated to the department of higher education.
An additional appropriation is made to the legislative department for use by the joint budget committee.
(Note: This summary applies to this bill as enacted.)
The act makes several changes to the existing statute concerning open educational resources, including:
The statutes existing before passage of the act require public institutions of higher education, beginning in the fall of 2021, to inform students before registration of which courses use open educational resources. The act directs the commission on higher education to adopt guidelines to require public institutions of higher education, beginning no later than the fall of 2025, to also inform students at the point of registration concerning those courses that use open educational resources.
The act directs the department to review the open educational resources policies adopted across the state and identify and determine the efficacy of policies that expand the use and promote the sustainability of open educational resources. The department must include this information in the annual grant program report.
For the 2021-22 fiscal year, the act appropriates $1,108,200 to the department to use for open educational resource initiatives and preparation of the annual grant program report.
(Note: This summary applies to this bill as enacted.)
The act amends various laws related to the conduct of elections, including provisions related to:
The act applies to elections conducted on or after the effective date of the act and takes effect upon passage; except that provisions allowing a person to register to vote online using the last 4 digits of their social security number take effect March 1, 2022.
(Note: This summary applies to this bill as enacted.)
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.)
The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/sb21-260-bill-summary
(Note: This summary applies to this bill as enacted.)
The act specifies that for harassment that is bias-motivated or a bias-motivated crime, the bias motivation only needs to be part of the defendant's motivation in committing the crime.
The act makes the crime of harassment when the harassment is bias-motivated a victim rights act crime, which provides a victim certain statutory rights.
(Note: This summary applies to this bill as enacted.)