Bill Tracker

The bill adds an additional option for financing forest health projects and wildfire mitigation treatments by enabling any combination of local governments, contingent upon voter approval, to establish a special or local improvement district with the power to assess property taxes to conduct forest health projects, defined as any management action that improves the ecological health of a forest. A forest health district established through the bill is also authorized to use sales tax revenue for forest health projects.

The bill also extends the Colorado Water Resources Power and Development Authority’s power to issue bonds to fund watershed protection and forest health projects through July 2033.

Land Use & Natural Resources

Support

The bill makes several changes to the responsibilities of the Division of Housing in the Department of Local Affairs.

The bill:

• alters the division’s research topics to include transit-oriented development and advanced energy performance standards;
• repeals requirements for providing information for people who apply for or obtain homeowners’ permits;
• directs the division to collaborate with other state agencies to develop certain housing-related incentives;
• directs the division to collaborate with other state agencies regarding the disposition of state-owned assets for housing development;
• authorizes the department to publish and share de-identified data, and
• requires the confidentiality of applicants, recipients, and former recipients of housing assistance

Tourism, Resorts & Economic Development

Monitor

The bill 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 which the most recent decennial census was offered 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 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 bill 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 bill 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 bill 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. 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.

General Government

Oppose unless Amended

CCI secured amendemtns to say that the state shall endeavor to help counties pay for mandate in bill. 

The bill permits adoptive parents who are parties to an adoption assistance agreement (agreement) to pay for services or items from a provider that is not enrolled in the medical assistance program. These services or items would otherwise be reimbursable under the medical assistance program pursuant to the terms of the agreement. The adoptive parents must determine if the special needs of the child or youth require items or services from the provider and must enter into a documented agreement with the provider in which the adoptive parents agree to bear the cost of the items or services.

Health & Human Services

Support

Bill was amended in the house to ensure adoptive parents that choose to purchase services outside of Medicaid cannot ask the county to reimburse them. 

The bill seeks to streamline the deployment of modular homes, a type of affordable housing, in our state. The bill clarifies the jurisdictional authority of the Division of Housing in the Department of Local Affairs (DOLA) to regulate the manufacture and installation of factory-built structures. A local government may not duplicate efforts to review or approve a factory-built structure that is under review or approved by the division, nor may it charge separate building permit fees for plan reviews or inspections performed by the division. The bill clarifies that local governments may require onsite mitigation addressing public safety requirements that comply with the federal manufactured home construction and safety standard, or may enforce rules governing the installation of modular homes approved by the division. The bill clarifies that a local government's authority over installations of manufactured homes to rules related to weight restrictions for snow roof loads or wind shear factors cannot conflict with the standards set by the United States department of housing and urban development. 

Land Use & Natural Resources

Support

Bill was amended (via a strike below amendment) that achieves the flexibility CCI was seeking to allow for wildfire hardening measures by local building departments. 

Currently, the location of a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility on real property does not affect the classification of that real property for purposes of determining the actual value of that real property. As a result, a county assessor cannot use the location of the facility as a basis for reclassifying the real property.  
 
The bill creates an exception to this requirement for real property that, immediately prior to the location of the facility, was classified as agricultural. Therefore, an assessor will be able to consider the location of the facility when determining whether the real property should be reclassified

Taxation & Finance

Support

Current law requires an off-highway vehicle to have a certificate of title in order to be transferred unless:   • The off-highway vehicle was first transferred before July 1, 2014, and not subsequently transferred to an off-highway vehicle dealer; or   • The off-highway vehicle was used exclusively for agricultural purposes on private land. Section 2 of the bill requires all off-highway vehicle transfers on or after July 1, 2022, to have a certificate of title, but the agricultural exemption is not changed. Section 1 exempts private transfers of off-highway vehicles from sales tax if the transfer occurred on or after July 1, 2014, and before July 1, 2022. Current law authorizes motor vehicle dealers, salvage pools, and insurers to electronically access the department of revenue's ownership and lienholder records to verify motor vehicle ownership and lienholding information to prevent fraud. Section 3 authorizes off-highway vehicle dealers to access this system to verify the same information on off-highway vehicles for the same reasons. Notwithstanding the requirement that an off-highway vehicle have a title to be purchased by a dealer, current law authorizes a dealer to purchase an off-highway vehicle that was initially sold before July 1, 2014, and was never titled. The dealer must obtain an affidavit from the owner and then use the affidavit to obtain a title. Section 4 extends this authorization and procedure to off-highway vehicles:   • Privately transferred on or after July 1, 2014, and before July 1, 2022; or   • Used exclusively for agricultural purposes on private land

Transportation & Telecommunications

Monitor

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 bill substitutes the word exchange for the word use in describing the type of electronic mail communication that triggers the application of the OML. The bill 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 bill, 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. 

General Government

Support

Colorado law authorizes certain license holders, who normally offer alcohol beverages for consumption on the licensed premises, to offer takeout and delivery of alcohol beverages. This authorization repeals on July 1, 2021. The bill removes the repeal to continue the authorization indefinitely.

General Government

Support

Bill was amended in Senate to sunset this provision in two years

This bill requires the Division of Housing (DOH) in the Department of Local Affairs (DOLA) to prepare an annual report for its SMART Act hearings beginning in 2021 identifying the sources and allocation of funding for the preservation or production of emergency or affordable housing during the prior fiscal year.

The report must include:

• the total amount of funding received;
• the total amount of funding spent through grants or loans;
• the characteristics of each project receiving assistance; and
• a summary describing the sources and amounts of funding.

The DOH is required to post the annual report on its website.

Tourism, Resorts & Economic Development

Support

As amended, the bill renames and expands the peace officers mental health support grant program (now the Peace Officers Behavioral Health Support Grant Program) to include funding for on-scene response services to enhance law enforcement's handling of calls for services related to persons with mental health disorders and social service needs, including calls that do not require the presence of a peace officer. The amendments also added behavioral health entities, county or district public health agencies, community-based social service and behavioral health providers as eligible entities that can apply for the funding but still must work in partnership with a law enforcement or public safety agency.

Additionally, $1 million was added to the grant fund. This additional funding brings the fund’s total up to $3 million for the SFY 21-22.

Health & Human Services

Support, CCI Priority Bill

The bill permits the majority of the governing body of any county or municipality by adoption of a resolution, ordinance, law, or rule to abrogate all or any portion of a disaster emergency order applying to the county or municipality that has been issued by the governor under the governor's emergency management powers when the disaster emergency lasts longer than 30 days. Upon the enactment by the governing body of such a resolution, ordinance, law, or rule the order, or any portion of the order, has no legal force and effect within, as applicable, the municipality or within the unincorporated portions of the county where the resolution, ordinance, law, or rule has been approved by the governing body of a county. The bill prohibits the state and any state department, institution, or agency from taking any action against a county or municipality, including without limitation any action resulting in denial of a monetary payment or the provision of any other form of financial assistance in retaliation for action by the governing body of the county or municipality to abrogate the governor's order. The bill requires the governing body of the county or municipality to notify the governor and any affected state departments, institutions, or agencies of the adoption of such resolution, ordinance, law, or rule.

Health & Human Services

No position

The bill specifies that a health order issued by a county, district, or municipal public health agency, public health director, or board of health takes effect within the territory of a county, city and county, or municipality, unless the governing body of the county, city and county, or municipality rejects the order by a majority vote. The bill also allows the governing body of a county, city and county, or municipality to modify a health order issued by a county, district, or municipal public health agency, public health director, or board of health.

Health & Human Services

No position

The bill would have created and appropriated $5 million to the Water Storage Tank Wildfire Mitigation Grant Program within the Colorado State Forest Service. Grants would have been available to local governments, tribal agencies, and non-profits for the purchase of water storage tanks for wildfire fighting efforts. 

Land Use & Natural Resources

Monitor

The bill allows a winery that holds a manufacturer's or limited winery license to maintain licensed premises comprising up to 5 noncontiguous locations within a 10-mile radius. The department of revenue must approve an application for the use of a proposed noncontiguous location if the alcohol and tobacco tax and trade bureau of the United States department of the treasury has approved the description and diagram of the premises at that location, subject to proof of compliance with local codes and zonin g requirements. Any additional noncontiguous locations that fall outside the approved boundaries of an entertainment district or a common consumption area are excluded from that district or area, and any noncontiguous location that is to be used as a sales room is subject to individual approval for use as a sales room. Only one sales room may be located at a noncontiguous location. 

General Government

Support

The bill creates the emergency invasive-pest response fund (fund), which is subject to annual appropriation. The commissioner of agriculture (commissioner) may expend money from the fund to implement the bill and emergency measures to control or eradicate invasive pests. The state agricultural commission (commission) may request that, at the end of each fiscal year, money in the plant health, pest control, and environmental protection cash fund be transferred to the fund. The commissioner is authorized to seek and expend gifts, grants, or donations from private or public sources for the new fund. The commissioner may:   • Enter into an agreement with any person or local government to provide pest control services. The department of agriculture may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The remuneration is deposited in the fund.   • Work cooperatively with the United States secretary of agriculture to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest; and   • Quarantine anything that harbors a pest if the pest has an economically unacceptable impact and if the measures to control the pest may achieve an acceptable level of official control. If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest. The commission may establish procedures for determining what is a public nuisance.

Agriculture, Wildlife & Rural Affairs

Support

CCI secured amendments to address county concerns

The bill establishes the process used by county commissioner redistricting commissions (commissions) to divide counties that have any number of their county commissioners not elected by the voters of the whole county into county commissioner districts. In these counties, the bill:   • Requires the commissions to hold multiple hearings throughout the relevant counties that are broadcast and stored online and comply with state statutes regarding open meetings;   • Requires the commission to provide the opportunity for public involvement by providing the ability to propose and comment on maps and to testify at commission hearings both in person and electronically;   • Prohibits improper communication between a member of the commission and the staff of the commission;   • Mandates that paid lobbying of the commissions be disclosed to the secretary of state by the lobbyist;   • Establishes prioritized factors for the commissions to use in drawing districts, including federal requirements, the preservation of communities of interest and political subdivisions, and maximizing the number of competitive districts;   • Prohibits the commissions from approving a map if it has been drawn for the purpose of protecting one or more incumbent members, or one or more declared candidates, of the board of county commissioners, or any political party, and codifies current federal law and related existing federal requirements prohibiting maps drawn for the purpose of or that results in the denial or abridgement of a person's right to vote or electoral influence on account of a person's race, ethnic origin, or membership in a protected language group;   • Requires the commission to approve a redistricting map and specifies the date by which a final map must be approved;   • Specifies that the staff of each commission will draft a preliminary redistricting map and up to 3 additional maps, and, in the event of deadlock by a commission, creates a process by which staff submit a final map to a panel of district court judges for review based on specified criteria; and   • Requires judicial review of a commission-approved or staff-submitted redistricting map, and limits district court judicial panel review to whether a commission or the staff committed an abuse of discretion. The bill recommends that counties establish independent county commissioner redistricting commissions and provides criteria to consider when creating these independent commissions. The bill aligns the redistricting population data used to establish county commissioner districts with the redistricting population data used to establish congressional districts, state house of representative districts, and state senate districts. The bill also requires that, in a county where any number of county commissioners are not elected by the voters of the whole county and the board of county commissioners refers a measure to the voters of the county to change the method of electing county commissioners, the referred measure must provide at least 2 different methods of electing county commissioners. Finally, the bill repeals anachronistic county precinct size rules and allows county clerk and recorders to redraw precincts less often. 

General Government

Monitor

Bill was amended significantly in committee to address the majority of the concerns raised by the three affected counties (including removing the provision that required judicial review of commissioner districts and moving the required redistricting date to September 30, 2023). 

The bill:    • Adds guardian ad litem and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease ( section 1 of the bill);    • Requires an injured worker who is claiming mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred, and requires the employer or insurer to pay or dispute mileage within 30 days after submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request ( sections 1 and 7 );    • Clarifies that offsets to disability benefits granted by the federal Old-Age, Survivors, and Disability Insurance Amendments of 1965 only apply if the payments were not already being received by the employee at the time of the work-related injury ( section 2 );    • Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of the evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 3 );    • Adds the following conditions that must be met for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI): An examining physician must have examined the employee at least 20 months after the date of the injury, have determined that the employee has reached MMI, and have served a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; and the authorized treating physician must have responded that the employee has not reached MMI or must have failed to respond within 15 days after service of the report ( section 4 );    • Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive ( section 5 );    • Clarifies when benefits and penalties payable to an injured worker are deemed paid ( section 6 );    • Prohibits an employer or insurer from withdrawing an admission of liability when 2 years or more have passed since the date the admission of liability on the issue of compensability was filed, except in cases of fraud ( section 7 );    • Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time ( section 8 );    • Clarifies the scope of authority of prehearing administrative law judges ( section 9 );    • Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2022 ( section 11 ); and    • Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ). 

General Government

Monitor

The bill adds a registered elector to the list of people who can request a recount when one is not otherwise required. An interested party or registered elector who requests a recount can also specify that the requested recount be conducted as a manual recount of the voter-verified paper records in the election, in which case, the election official is required to conduct the recount in accordance with that request. An interested party or registered elector can also request that a recount that is required by law be conducted as a manual recount of the voter-verified paper records. A person making this request must pay for the additional costs, if any, of conducting the recount manually. If the person makes the payment required, the election official must conduct the recount manually. 

General Government

Oppose

Under current law, the requirements of the "Construction Bidding for Public Projects Act" (act) generally apply to a public project if the cost of the project is reasonably expected to exceed $500,000 for any fiscal year; except that a public project supervised by the department of transportation (CDOT) is subject to the requirements of the act if the cost of the project is reasonably expected to exceed $150,000 for any fiscal year. The bill:

• Repeals the lower cost amount for CDOT projects, which means that the requirements of the act, including the requirement that CDOT prepare a bid estimate when it proposes to undertake a project itself rather than awarding the project to a contractor through competitive bidding, will apply to a CDOT project only if the cost of the project is reasonably expected to exceed $500,000 for any fiscal year; and
• Increases from $50,000 to $100,000 the maximum cost for a CDOT project that is exempt from transportation commission approval.

The bill also limits the existing requirement that CDOT pay all employees performing work on any public project local prevailing wages in accordance with specified federal acts to projects that cost more than $500,000.

Transportation & Telecommunications

Support

Under current law, a physician is required to conduct an in-person physical examination of a person prior to certifying that the person would benefit from medical marijuana. The bill permits a physician to treat, counsel, and conduct appropriate personal physical examinations, in person or remotely via telephone or video conference, to establish a bona fide physician-patient relationship with a patient seeking a medical marijuana card.  
 
Under current law, retail marijuana stores are prohibited from selling retail marijuana and retail marijuana products online and to a person not physically present in the retail marijuana store's licensed premises. The bill repeals this prohibition. 

General Government

Monitor

The bill modifies the definition of the term residential land for the purpose of property tax classification. Currently, a parcel of land without a residential improvement is classified as residential land if it is contiguous with a parcel of land under common ownership upon which a residential improvement is located and if it is used as a unit in conjunction with the residential improvements located thereon. The bill modifies classification for this type of parcel by:  • Requiring the parcel to have the identical owner as the adjacent parcel based on the record title;    • Requiring the parcel to have a related improvement that is essential to the use of a residential improvement located on the identically owned contiguous residential land; and    • Specifying that contiguity in this instance is not interrupted by an intervening local service street, alley, or common element in a common-interest community.  
 
The bill also removes from the definition parcels of land in a residential subdivision, the exclusive use of which land is established by the ownership of such residential improvements. 

Taxation & Finance

Support

Beginning in 2023, the bill 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 March 31, 2022. After March 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. On and after January 1, 2023, a statutory city or town or home rule municipality 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. If the referring municipality is located in more than one 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. For any instant runoff voting election conducted as part of a coordinated election, the secretary of state is the designated election official responsible for tabulating and reporting the results. The secretary of state is required, by December 31, 2022, 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.

General Government

Monitor

The bill 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 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 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. The bill requires that foster parent training include instruction on the right of a foster child to have fair and equal access to all available services and other health and educational services available to foster children. 

Health & Human Services

Support

Bill was amended in the house to prioritize the health and welfare of children

Under current law, when a property owner appeals the valuation of property set by a county board of equalization, the state board of assessment appeals may not increase the valuation. The bill removes this restriction. 

Taxation & Finance

Support

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

Health & Human Services

Support

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

Health & Human Services

Support

The bill creates the foster youth in transition program (transition program) in the state department of human services (state department) to be implemented in county departments of human or social services (county departments) throughout the state. The purpose of the transition program is to allow foster youth who meet eligibility criteria to voluntarily continue to receive certain child welfare services (services) up until the last day of the month of the youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law. Services provided through the transition program must be client-directed and developmentally appropriate as set forth in and agreed to through a voluntary services agreement (agreement) developed and entered into between the youth and county department. The bill sets forth the eligibility criteria a youth must meet in order to voluntarily participate in the transition program. A youth who is no longer under the jurisdiction of the juvenile court and thinks he or she is eligible for the transition program may make a written request to the juvenile court (court) or county department where the youth resides. The county department shall make a determination of eligibility. If the youth is eligible, the county department shall explain the requirements and benefits of the transition program to the youth and, with the youth, develop an agreement that must be provided to the juvenile court together with a petition to renew jurisdiction with the juvenile court. The bill describes the services and supports that will be made available to a youth through the transition program, including assistance with enrolling in medicaid; assistance with securing appropriate housing; and providing case management services, such as developing a roadmap to success, obtaining employment, obtaining critical documents and records, and accessing information about relatives and siblings, if available and appropriate. The bill sets forth the form and content required for a petition to bring the youth under the juvenile court's jurisdiction. Upon receipt of informed, written consent of the youth, a person may be named as a special respondent in a case brought pursuant to the transition program. A youth participating in the transition program must be appointed counsel from a list of attorneys approved by the office of the child's representative. If the youth is 18 years of age or older and, due to diminished capacity, needs a guardian ad litem, one may also be appointed. Procedures for emancipation discharge and transition hearings (hearing) are described in the bill, including a requirement to have a personalized emancipation transition plan finalized for the youth no more than 90 days prior to a hearing. The county department shall file a report with the court at least 7 days prior to a transition hearing that includes relevant details concerning a youth's status and plans to either emancipate or enter the youth in transition program. With the youth's consent and in certain circumstances, the court may continue a transition hearing for up to 119 days. The court shall hold periodic reviews of the youth's case at least every 6 months to ensure that the transition program is providing the youth with the necessary services to help the youth move toward permanency and a successful transition to adulthood. The bill sets forth procedures for the periodic reviews. The bill grants continuing jurisdiction in a youth's case to the juvenile court under certain situations. The bill creates the foster youth successful transition to adulthood grant program (grant program) and associated advisory board (advisory board). The purpose of the grant program is to support eligible youth to successful transition into adulthood. Youth are eligible for services from recipients of grants from the grant program if they are between the ages of 18 and 23, were in foster care or adjudicated dependent and neglected, and are participating voluntarily. The advisory board shall meet at least 2 times per year, and the bill outlines membership. The state department is directed to promulgate rules for the implementation of the transition program. The bill makes conforming amendments. 

Health & Human Services

Monitor

Bill was amended to distinguish placement vs. service needs, reduce legal demands on youth & counties and tie the definition of eligible youth into federal law. 

Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities that the excavation might affect, such as water and sewer pipes, gas lines, and electric or cable lines, can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, the bill specifies that excavation does not include routine or emergency maintenance of right-of-way on county-owned gravel or dirt roads performed by county employees that:   • Does not lower the existing grade or elevation of the road, shoulder, and ditches; and   • Does not disturb more than 6 inches in depth during maintenance operations. 

Transportation & Telecommunications

Support, CCI Priority Bill

The bill creates certain rights for foster parents. The rights do not apply to persons against whom criminal charges have been filed for child abuse, an unlawful sexual offense, or any felony. 

Health & Human Services

Monitor & Amend

Bill was PI’d before Amendments could be introduced/adopted

The bill 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 bill requires the department of human services (department) to submit a plan for the creation and establishment of the BHA on or before November 1, 2021, to the joint budget committee and on or before January 30, 2022, to the department's committees of reference. The bill 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 what state department, if different than the department of human services, the BHA will exist. 

Health & Human Services

Support

As amended, HB 1099:

• Recognizes the disproportionate number of low income families and children of color in the child welfare system and the need for continued improvement in diversity training and practices for our child welfare workers;
• Tasks an existing stakeholder group to develop a definition of domestic violence to include in Title 19 (the Children’s Code); and
• Emphasizes the need for diversity/cultural focus and the role of the non-abusive & abusive parent in training & practices

Health & Human Services

Support, CCI Priority Bill

The bill requires a governmental entity to establish an electronic filing option by January 1, 2022, for each document required or allowed to be filed with the governmental entity. A governmental entity includes each principal department of the state and each county, and any agency, department, board, or division thereof. The electronic filing option may include accepting a scanned copy of the original document by email or through a secure file transfer system. The electronic filing option must comply with existing requirements for a governmental entity to have reasonable security practices in place if the governmental entity receives or maintains personal identifying information. The governmental entity is not authorized to require a filing to be made only by electronic filing if the department does not have authority under other law to require electronic filing.

General Government

Support

Bill was amended to change bill into an interim study bill

With respect to a hearing in dependency and neglect for a child under 6 years of age, the bill states that a court may find good cause for granting a delay or continuance if there is evidence that inperson visitation or services were significantly delayed or interrupted by a public health emergency. 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 bill requires the court to enter temporary visitation orders with the child's parent if such orders are in the child's best interests. The bill sets forth the contents of those orders, including the minimum frequency and level of supervision of the visits. The court shall order ongoing, in-person visitation unless it finds that inperson visitation would endanger the child's health or welfare. Within 30 days after the initial hearing, the county department shall make recommendations to the court concerning ongoing visitation between the parent and child and between the child and the child's siblings. 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 bill requires the court to enter visitation orders consistent with the bill in various phases of the court proceedings. The bill 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 bill includes provisions for the enforcement, modification, and termination of a post-adoption contact agreement. 

Health & Human Services

Support

Bill was amended to include task force to look at parenting & neglect in Colorado.

Under current law, it is unlawful for a person to make available on the internet personal information of a law enforcement official (official) or a human services worker (worker), or the official's or worker's family, if the dissemination of the personal information poses an imminent and serious threat to the official's or worker's safety or the safety of the official's or worker's family. A violation of this law is a class 1 misdemeanor. Further, a 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. The bill adds the same protections for public health workers, including employees, 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 for members of county or district boards of health, other than elected county commissioners. 

Health & Human Services

Support

Sections 1 and 3 of the bill exempt certain mapping data submitted to the office of information technology (office) from public disclosure under the Colorado Open Records Act. Section 2 adds a definition of critically unserved, which means a household or area that lies outside municipal boundaries and lacks access to at least one provider of nonsatellite broadband service delivered at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream, and a definition of office of information technology. Section 3 reduces the membership of the broadband deployment board (board) in the department of regulatory agencies from 16 members to 11 members. The board is required to develop a request for proposal process through which the board will solicit bids for proposed projects to serve areas of the state that the office has determined lack access to broadband service at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream. The board is required to reserve at least 75% of the money from the high cost support mechanism that is allocated for broadband deployment to award grants to proposed projects solicited through the request for proposal process. Section 3 also directs the board to:   • Require an applicant or appellant to submit a speed test performed on an incumbent provider's network and conducted in accordance with industrystandard speed-test protocols;   • Give additional consideration to proposed projects that would give discounted service for low-income households;   • Contractually require an applicant receiving a grant award to:   • Report annually on the number of homes and businesses served by the grantsupported broadband network, the number of homes and businesses expected to be served in the following year, and the speeds, rates, and services offered to customers through the grantsupported broadband network; and   • Provide third-party certification, after the grant money has been fully expended, that the project meets the original design of, and provides the measurable speeds, rates, and services set forth in, the application.   • Require an applicant or appellant to submit to the office, in a form and manner determined by the office, certain granular mapping data. Section 4 repeals the current board composition requirements on August 31, 2021. 

Transportation & Telecommunications

Support with Amendments

Bill was amended to lower percent diversion to critically underserved from 75% to 60%.

The bill adds language to strengthen current Colorado law related to protections against discrimination on the basis of disability for persons with disabilities. 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;   • Clarifying that such prohibition includes the failure of a public entity to substantially comply with web content accessibility guidelines established and published by an international consortium;   • 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

General Government

Monitor

Bill was amended to delay implementation deadline

The bill was amended in Committee to become a study.

Introduced Version Summary:

The bill requires a governmental entity that maintains, owns, or licenses computerized data that includes certain personal information about any Colorado residents, or a governmental entity that uses a third-party service provider to maintain computerized data that includes certain personal information, to give notice to those Colorado residents every 90 days. The notice must give Colorado residents the option to either assent to the governmental entity possessing the Colorado resident's personal information or request that the governmental entity dispose of any paper or electronic documents containing the Colorado resident's personal identifying information. 

General Government

Oppose

In its final form, HB 1115 requires the Colorado Department of Public Health and Environment (CDPHE) to provide two annual trainings that both local and state board of health members must attend. One training will focus primarily on public health and will be developed by CDPHE and the Colorado School of Public Health. The other will be focused on the role of boards of health as it relates to emergency disasters. This training will be developed by CDPHE and the Office of Emergency Management.  

Health & Human Services

Monitor

Bill was amended to remove the provision prohibiting boards of county commissioners from serving as the board of health

The bill clarifies local governments’ ability to enact land use regulations that promote the development of new affordable housing units. The clarification extends to local governments’ authority to enact inclusionary zoning, and specifies that the provisions of the state's rent control statute do not apply to any land use regulation that restricts rent on newly constructed or redeveloped housing units, as long as the regulation provides options or alternatives to the property owner or land developer. The bill does not authorize local governments to enforce rent control on existing private housing. 

Land Use & Natural Resources

Support

Current law prohibits a county from appropriating county general fund money for roads and bridges and, subject to an exception for disaster emergency response within the county, from transferring county general fund money to the county road and bridge fund.  
 
The bill authorizes a county to use county general fund money to fund roads and bridges by eliminating these existing prohibitions. 

Taxation & Finance

Monitor & Amend

The bill clarifies the authorized distributions from the local government limited gaming impact fund by:   • Specifying that documented gaming impacts should be for negative impacts and defining that phrase;    • Requiring grant awards to be prioritized for eligible local governmental entities that have lower property values compared to all eligible local governmental entities;    • Defining property values as the sum of the actual value of all property, including the actual value of all tax-exempt property, as of December 31 of the prior year;   

Taxation & Finance

Monitor

Bill was amended to ensure that property values, along with the Limited Gaming Impact Fund advisory committee’s decision matrix could be used when grant applications are being reviewed

The bill clarifies that it is unlawful to operate an off-highway vehicle on the public streets, roads, or highways of the state, regardless of the state or other jurisdiction in which the off-highway vehicle is registered or titled, except under certain existing exceptions. 

Transportation & Telecommunications

Support, CCI Priority Bill

Under current law, a retail marijuana store licensee may have a marijuana delivery permit associated with its store license. The bill requires the store to be open at least 5 days a week and at least 5 hours a day to have a delivery permit. The bill limits delivery sales to only retail marijuana, retail marijuana products, or branded merchandise that is available for sale from the retail marijuana store and requires the prices to be the same as the in-store price.  
 
The bill prohibits an online platform from holding pre-paid accounts for a licensed retail marijuana store. The bill waives the licensing fee for a transporter applicant who is a social equity licensee. The bill prohibits a medical or retail marijuana business operator from engaging in the delivery of regulated marijuana. 

General Government

Monitor

The bill sets a timeline to phase out single-use plastic bags and polystyrene (Styrofoam) take-out food containers. Starting in September of this year, a store must charge a 10-cent fee for each paper or plastic carryout bag provided to customers. Beginning in September of next year, stores and retail food establishments would be prohibited from providing single-use plastic carryout bags (with exemptions for existing inventory), but could continue supplying paper carryout bags for a 10-cent fee. The bag fee does not apply to a customer that provides evidence of participating in a federal or state food assistance program.

After January 2022, retail food establishments would be prohibited from using polystyrene take-out food container, with timeline exemptions for schools.

Beginning in 2022, a store would be required to remit 60% of the carryout bag fee revenues to the local government where the store is located, and the store is permitted to retain 40% of the fee revenues. A local government may use its portion of the fee revenue to cover administrative or enforcement costs, or to fund any recycling, composting, or other waste diversion programs and related outreach activities. While the bill authorizes local governments to enforce against a violation of the bill, any enforcement by a local government is voluntary.

No regulation in the bill applies to medical materials regulated by the U.S. Food & Drug Administration (FDA).  

Land Use & Natural Resources

Monitor

The bill allows a retailer to advertise, directly or indirectly, or imply, that the retailer will absorb or pay any or all sales or use tax on purchases of tangible personal property or services sold.

Taxation & Finance

Support

The bill requires the Department of Local Affairs (department), no later than August 13, 2021, to establish a pilot program to help local governments identify perceptual and substantial barriers to entry for historically underutilized businesses in local government procurement.The bill requires local governments participating in the pilot program to consider a number of items, such as:

• Identifying implementation needs, such as labor and technology, for historically underutilized businesses preference programs for local government procurement (programs);
• Determining the appropriate size contracts that would benefit from a program; and
• Creating a sample program that all local governments may use and articulate the necessary steps to build a program.

The bill specifies that pilot program participants may collaborate with the department and the general assembly on future legislation requiring local governments to establish programs.In January 2022, the department is required to report on the progress of the pilot project as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".In January 2023, the department is required to include the findings of the pilot project as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

The bill defines a historically underutilized business as a business that is at least 51% owned and controlled, in both the management and day-to-day business decisions, by one or more individuals who are:

• Members of a racial or ethnic minority group;
• Non-Hispanic Caucasian women;
• Persons with physical or mental disabilities;
• Members of the lesbian, gay, bisexual, and transgender community; or
• Veterans.

General Government

Support

The bill allows a person who has been issued a penalty assessment for or has been convicted of a traffic infraction or traffic misdemeanor to make a donation of money or time to a nonprofit organization in lieu of paying the fine. The amount of fine that may be offset by a donation is limited to $500.

Transportation & Telecommunications

Oppose

Agriculture, Wildlife & Rural Affairs

Support

The bill requires penal telecommunications service providers (providers) who provide penal telecommunications services (services) to correctional facilities (facilities) to maintain data and records (data) related to the services provided to those facilities. The bill 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. 
 
Current law exempts providers and the services provided from oversight by the commission. The bill grants the commission authority over providers and the services provided. 

Justice & Public Safety

Support

Bill was amended to remove the provision about PUC setting rates and adopt the FCC rates

The bill requires a road usage equalization fee (equalization fee) to be imposed at the time of annual registration on each plug-in electric motor vehicle that is required to be registered in the state. The fee is set in an amount that is estimated to achieve parity between the aggregate amount of motor vehicle registration fees and motor fuel excise taxes paid per vehicle by owners of plug-in electric motor vehicles and vehicles fueled by gasoline, diesel, or other special fuels and is annually adjusted for inflation.

The executive directors of the department of transportation and the department of revenue are required to form a joint working group to develop recommendations as to whether and to what extent the equalization fee should be adjusted to achieve the goal of maintaining parity between plug-in electric motor vehicle owners and owners of motor vehicles that use motor fuel for propulsion with respect to the aggregate amount in motor vehicle registration fees and motor fuel taxes paid. The recommendations must include recommendations as to whether the road equalization fee needs to be adjusted to account for changes to motor fuel excise tax rates or the imposition of other government charges that are calculated on the basis of motor fuel consumption, whether the amount of the fee should be different for personal and commercial vehicles, or whether the amount of the fee should vary based on specified factors. After the joint working group reports to the executive directors, the executive directors or their designees must prepare a written report regarding the recommendations for presentation to the transportation legislation review committee during the 2022 legislative interim.

Revenue generated by the fee:

• Must be credited to the highway users tax fund (HUTF) and distributed pursuant to the existing "second stream" HUTF allocation formula as follows:
• 60% to the state highway fund;
• 22% to counties; and
• 18% to municipalities; and
• Must be used only for maintenance of existing highways, streets, and roads.

Transportation & Telecommunications

Monitor

The bill limits the definition of "overpayments" of workers' compensation benefits to include only benefits paid as a result of fraud or duplicate benefits that result from offsets that reduce disability or death benefits paid to a claimant. The bill also:

• Clarifies that this limit does not prevent an insurance carrier from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement; and

Prohibits the director of the division of workers' compensation or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.

General Government

Monitor & Amend

The bill creates the natural disaster mitigation enterprise that collects a fee from insurance companies offering certain hazard-related policies ($1.25 of every $1,000 in insurance premiums collected on policies like fire, flood, earthquake, etc.). Fee revenue is used to finance a grant program established in the bill, and to provide local governments with technical assistance on natural disaster mitigation. Grants are available to local governments to assist in implementing resilience and natural disaster mitigation measures, and to help provide matching funds for entities applying for federal FEMA grants dedicated to implementing pre-disaster mitigation measures.

The bill establishes a board of directors that reports to the General Assembly annually. The board consists of representatives from the Colorado Department of Public Safety, the Colorado Department of Public Health and Environment, the Colorado Resiliency Office, and also includes four representatives of local governments from around the state, two scientists with expertise in weather hazards, resilience planning or disaster mitigation, and an expert on environmental justice issues.

Land Use & Natural Resources

Support

HB 1222 requires family child care homes (FCCH) to be classified as residences for purposes of licensure and local regulations. Some communities view child care homes as small businesses from a land use and building code standpoint.

HB 1222 was amended to explicitly require the Colorado Department of Human Services to work with fire marshals and building code officials when promulgating their rules for the regulation of FCCH. According to CDHS rules, small FCCH serve 6 or fewer kids and large FCCH serve 12 or fewer kids. CDHS reviews their licensure rules every five years. HB 1222 was also amended to maintain local authority to prohibit two or more large family child care homes from operating adjacent to one another. Local authority to manage the flow of traffic and parking related to adjacent large family child care homes is also preserved.

Land Use & Natural Resources

Support

Bill was amended to ensure that the Colorado Department of Human Services engages fire marshals and building code officials when reviewing their license requirements for family child care homes.  It was further amended to allow local governments to 1.) prohibit two or more large family child care homes from operating immediately adjacent to one another and 2.) to manage the flow of traffic and parking related to adjacent large family child care homes.

Concerning the electronic recording technology board, and, in connection therewith, delaying the board's repeal and sunset review so that the board may continue making grants to counties, extending the filing surcharge collected by county clerk and recorders on behalf of the board, expanding the scope of allowable grants, and extending reporting requirements.

General Government

Support

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.

General Government

Oppose

The bill 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 the bill. SB 217 used the term
exonerated, but never defined it; the bill defines exonerated. The bill
clarifies some of the circumstances when a body-worn camera must be
operating and provisions related to the release of the footage. The bill

requires an officer to comply with the body-worn camera requirements if
the officer is wearing a body camera, even though the requirement for all
officers to wear a body camera does not take effect until July 1, 2023.
SB 217 required law enforcement to report certain information
related to each contact an officer has with a person beginning January 1,
2023. The bill changes the start date of the reporting requirement to
January 1, 2022. The bill expands the definition of contact to include
welfare checks. The bill clarifies and adds to some of the information that
must be reported.
SB 217 required the peace officers standards and training
(P.O.S.T.) board to permanently decertify a peace officer if the officer
failed to intervene and serious bodily injury or death occurred. The bill
changes the penalty to a suspension of the officer's certification for one
year.
Under current law, there is a civil action that permits suit against
employers of local law enforcement officers for misconduct. The bill
permits the Colorado state patrol to also be sued via that civil action. The
bill 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.
The bill requires a peace officer to use de-escalation techniques
prior to the use of physical force and requires the use of physical force to
be objectively reasonable.
The bill 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 bill 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.

Justice & Public Safety

Monitor

The bill transfers $5 million from the general fund to the local government severance tax fund for the purpose of funding grants to local governments for renewable and clean energy infrastructure

implementation projects. The grants must be made by August 15, 2021, or as soon as possible thereafter, and the department of local affairs, which makes the grants, is required to report to the general assembly regarding the grants during its 2022 annual SMART Act presentation to legislative committees of reference. $5 million is appropriated from the local government severance tax fund to the division of local government of the department of local affairs so that the division can make the grants.

Taxation & Finance

Monitor

Under current law, the department of revenue may implement a system for electronic transmission of registration, lien, and titling information for vehicles or special mobile machinery. This system is funded by gifts, grants, and donations. Section 1 of the bill creates the electronic transactions fund and directs the department to transfer any gifts, grants, or donations it receives to the state treasurer for deposit in the fund. The contributed money, as well as money from additional fees authorized under section 2 , is to be used to implement the electronic system.

Current law gives a person who moves to Colorado 90 days to register their motor vehicle. Section 2 requires a person who registers a vehicle after moving to Colorado to:

• Provide documentation of the vehicle's previous registration that contains the registration dates;
• Provide evidence of the date that the person became a Colorado resident unless the previous registration expired within 90 days before the owner applied to register the vehicle; and
• Pay the vehicle's registration taxes and fees that are prorated from the date the person became a Colorado resident to the date the person applied to register the vehicle unless the vehicle is used for interstate commerce or unless the owner registered the vehicle within 90 days after becoming a resident.

The effect of these listed changes is that an owner who fails to register the vehicle within 90 days will be assessed back taxes and fees. The additional fees collected under section 2 are transferred to the electronic transactions fund until the fund achieves its purposes. The allocation and use of the taxes does not change.

Current law exempts people with expired temporary tags from paying the late fees for failing to register a vehicle. Section 3 repeals this exemption. Section 3 also imposes prorated registration taxes and fees to capture missed revenue when a person fails to register a vehicle when required by law.

Current law limits to 2 the number of temporary plates that may be issued for a vehicle used to transport persons or property over the road. The purchaser or owner may get a third plate if necessary for title or lien documentation. Section 4 requires the purchaser or owner to pay the vehicle's registration taxes and fees to get the third temporary plate. If the sale is not consummated, the person who attempted to purchase the vehicle gets a 12-month credit toward a subsequent registration of another vehicle

General Government

Monitor

After receipt of the amounts to be levied against taxable property in the county, the board of county commissioners or other taxing authority (BOCC) is required to hold a formal hearing and to certify such levies to the county assessor. The bill gives the BOCC the option to authorize the levies by written approval rather than by formal hearing and to delegate the certification process to staff or other authorized parties.

Taxation & Finance

Support, CCI Priority Bill

The bill appropriates money to the department of human services (department) in order to seek a 50% match from the federal government for the Colorado employment first program within the supplemental assistance nutrition program. The bill requires the department to direct county departments and any third-party partners to prioritize any state or federal money received to fund employment support and job retention services and to support work-based learning opportunities for Colorado employment first participants. Any remaining money may be used to initiate and enhance current and additional state- or county-initiated third-party partnerships.

Health & Human Services

Support

The bill creates 3 different programs in the department of local affairs (DOLA) for the purpose of offering grant money and other forms of state assistance to local governments to promote innovative solutions to the development of affordable housing across the state.Local government affordable housing development incentives grant program (housing development incentives grant program). This program will provide grants to local governments that adopt not less than 3 policy and regulatory tools from among a menu of options that create incentives to promote the development of affordable housing. A local government that adopts such tools is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community that are liveable, vibrant, and driven by community benefits. The division of local government (DLG) within DOLA administers the housing development incentives grant program.

The bill enumerates items included in the menu of policy and regulatory tools.

Local government planning grant program. This program will provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing that forms the basis for a grant under the housing development incentives grant program and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the DLG. As part of its administration of the planning grant program, the DLG will provide assistance to local governments on best land use practices and tools and is required to update and publish model county and municipal land use codes for the benefit of local governments across the state.The affordable housing guided toolkit and local officials guide program (housing toolkit program). This program creates the housing toolkit program within the division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to award funding to qualified counties and municipalities selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to local governments who demonstrate an understanding of the housing needs of their communities, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The DOH is to administer the housing toolkit program.

In evaluating applications for grants from the housing development incentives grant program, the bill requires the DLG to prioritize proposals submitted by local governments based on factors specified in the bill.

On or before September 1, 2021, the bill requires the executive director of DOLA or the executive director's designee to adopt policies, procedures, and guidelines for the 3 different state assistance programs that include, without limitation:

• Procedures and timelines by which an eligible recipient may apply for a grant;
• Criteria for determining the amount of grant awards;
• Performance criteria for grant recipients' projects; and
• Reporting requirements for grant recipients.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $9,300,000 from the general fund to the Colorado heritage communities fund for the creation, implementation, and administration by the DLG of the housing development incentives grant programs.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $2,100,000 from the general fund to the Colorado heritage communities fund for the creation, implementation, and administration by the DLG of the planning grant program.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $1,600,000 from the general fund to the housing development grant fund for the creation, implementation, and administration by the DOH of the housing toolkit program.

All costs incurred in administering any of the 3 programs created under the bill must be paid out of the money transferred under the bill. All money transferred under the bill for the 3 state programs must be expended over the subsequent 3 state fiscal years.

On or before November 1 of each year, the executive director of DOLA or the director's designee is required to publish a report summarizing the use of all assistance that was awarded from the 3 different programs created under the bill in the preceding fiscal year. The bill specifies additional required contents of the reports. The reports must be shared with the general assembly and posted on DOLA's website.

The bill updates and repeals obsolete statutory provisions concerning the office of smart growth (OSG) within DOLA and the Colorado heritage communities fund.

The bill authorizes the OSG, as money becomes available, to provide grants or other forms of assistance to counties and municipalities to address critical planning issues and specifies examples of the forms of assistance that may be provided by the office. The OSG is required to create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance provided under the bill. The OSG is permitted to use available money to administer the Colorado heritage grant program.

Tourism, Resorts & Economic Development

Support

The bill 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 bill 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 bill authorizes the ombudsman to receive information, records, or documents related to a critical incident, 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. The bill also requires the department of human services' division of youth services to provide the ombudsman information, records, and documents related to a critical incident. If electronic copies are not available, the ombudsman shall access, review, and receive copies of documents without cost to the ombudsman.

Health & Human Services

Support

Current law does not include the definitions "public assistance" and "medical assistance" relating to death reimbursements for funeral, cremation, and burial expenses for deceased public assistance or medical assistance recipients. The bill adds the definitions "public assistance" and "medical assistance" to clarify who qualifies as a public assistance or medical assistance recipient.

HB 1277 does not change the amount of the reimbursement nor the circumstances for when it can be claimed. It also does not impact or limit the use of local dollars to help cover mortuary costs. 

Health & Human Services

Support

The bill requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.

Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The bill repeals that requirement. The bill states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. The bill requires that a defendant who posts bond be released from custody within 6 hours after bond is set. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The bill requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The bill requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The bill states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.

Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.

By October 1, 2021, each sheriff shall:

• Create written policies to comply with statutory bonding requirements;
• Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and
• File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety.

In the case of multiple documented failures to comply with the statutory bonding provisions, the state or any agency of the state may deny any funding request of the sheriff.

The bill creates the position of a bond hearing officer to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bonding hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bonding hearing officer prior to the hearing.

Justice & Public Safety

Monitor

The bill requires the department of public health and environment (department) to implement the community behavioral health disaster preparedness and response program (program) using existing initiatives and activities to ensure that behavioral health is adequately represented within disaster preparedness and response efforts across the state. The program is intended to enhance, support, and formalize behavioral health disaster preparedness and response activities conducted by community behavioral health organizations.

The bill requires the department to promulgate rules as necessary for the oversight and management of the program; work collaboratively with community behavioral heath organizations; create, define, and publish eligibility criteria for community behavioral health organizations to participate in the program; and provide funding to community behavioral health organizations on an annual or as-needed basis for the activities the organizations conduct.

CCI has requested, and the proponents have agreed, to two amendments that will encourage geographic and socio economically diverse providers to come to the table and receive training. The other amendment clarifies that available funding cannot be used on past expenses. It can only cover training and practice costs going forward.

Health & Human Services

Monitor

CCI secured amendments to encourage geographic and socio economically diverse providers to come to the table and receive training. The other amendment will clarify that available funding cannot be used on past expenses. It can only cover training and practice costs going forward.

Current law imposes a limitation on the permit, application review, or any other related or associated fees that may be assessed by counties, municipalities, state agencies, and political subdivisions of the state for the installation of an active solar electric or solar thermal device or system. The bill modifies this language so that the limitation applies to the aggregate of all charges or other related or associated fees the state, a county, municipality, state agency, or any other political subdivision of the state (governmental bodies) shall impose or assess for the installation of an active solar energy system.

The bill sets a limit on the aggregate of all charges or other related or associated fees any governmental body may impose or assess to install an active solar energy system of $500 for a residential permit and $1,000 for a commercial permit. In the case of a nonresidential application, on an individual installation basis only, if the governmental body incurs actual costs for issuing the permit that are greater than $1,000, the governmental body is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the governmental body's actual costs.

In connection with existing statutory requirements affecting state agencies and political subdivisions, the bill clarifies that the duty to clearly and individually identify all fees and taxes assessed on an application on the invoice lies with the state or any agency, institution, authority, or political subdivision of the state.

Under existing law, one component of determining the lawful fee for issuing a permit or reviewing an application requires a comparison of the lesser of the actual costs of providing such services or $500 for a residential application. The bill restricts a governmental body from increasing its fees or other charges by more than 5% on an annual basis until the $500 limitation is achieved.

The bill also extends the repeal date of the existing fee limitation.

Taxation & Finance

Monitor

Section 1 of the bill 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 bill 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.

Section 1 also requires that, on or before June 1, 2027, a covered building owner demonstrate that, in 2026, the covered building met performance standards set forth in the bill. A covered building owner must demonstrate compliance with the performance standards every 5 years after June 1, 2027. The air quality control commission (commission) is required to adopt rules in 2026 or 2027 that extend or modify the performance standards. Thereafter, the commission may, as the commission deems necessary, modify the performance standards by rule.

Section 2 requires the office to assist covered building owners with the reporting requirements set forth in section 1 by:

• Creating a database of covered buildings and owners required to comply with section 1;
• Developing publicly available, digitally interactive maps and lists showing the energy-use and performance-standard data reported;
• Coordinating with any local government that implements its own energy benchmarking requirements or energy performance program, including coordination of reporting requirements; and
• Collecting an annual fee from owners of covered buildings of $100 per covered building. The office is required to transfer the fees collected to the state treasurer, who will credit the fees to the climate change mitigation and adaptation fund (fund) created in section 2.

Section 3 imposes penalties for violations of section 1, ranging from $500 to $5,000, depending on whether the violations are first violations or subsequent violations, and requires that the civil penalty payments be credited to the fund. Certain subsequent violations are also subject to a penalty of 2 cents per square foot of gross floor area of the covered building for each day that the violations continue.Section 4 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

Land Use & Natural Resources

Monitor

Bill was amended with CCI requests to add local jails to the definition of correctional facility, and to extend flexibility granted to state-owned buildings to local government buildings. As amended, local government buildings only need to comply with performance standards if the building owner begins construction or renovation on their building that costs more than $500,000.

Sections 1 and 2 of the bill extend the grant award distribution and reporting dates for the connecting Colorado students grant program.Section 4 creates the Colorado broadband office (broadband office) in the office of information technology (office) as a type 1 entity. Section 4 also creates the digital inclusion grant program fund and directs the state treasurer to transfer $35 million from the general fund to the fund for use by the broadband office to implement the digital inclusion grant program to award grant money to proposed broadband deployment projects throughout the state. Grant recipients other than Indian tribe or nation recipients are prohibited from using the grant money for last-mile broadband deployment. Section 3 requires the chief information officer in the office to appoint a director of the broadband office.Section 5 defines "community anchor institution", "critically unserved", and "income-qualified plan" in relation to grants awarded by the broadband deployment board (board) for proposed broadband deployment projects throughout the state.Section 6 creates the broadband stimulus grant program (grant program) and requires the board to implement the grant program by awarding grant money from the broadband stimulus account created in the broadband administrative fund. The state treasurer is directed to transfer $35 million from the general fund to the account for this grant program. The board is encouraged to award money under the grant program to applicants that previously applied for broadband deployment grants from the board but were denied due to insufficient funding. An applicant seeking money under the grant program must submit an income-qualified plan to the board.Section 7 updates the legislative declaration related to the division of local government in the department of local affairs (division) to include language indicating the importance of broadband deployment, and section 8 defines terms related to the division's work in deploying broadband.Section 9 requires the division to submit a copy of any application it receives for broadband deployment grant money to the board for the board to review and provide a recommendation regarding the application within 30 days after the division sends the copy to the board.

Section 9 also creates the interconnectivity grant program and requires the division to implement the grant program by awarding grant money for proposed projects that seek to achieve regional broadband deployment and provide interconnection between communities. Projects awarded money under this grant program, except for projects awarded to Indian tribes or nations, cannot use the money awarded for last-mile broadband deployment. To finance this grant program, section 9 also creates the interconnectivity grant program fund into which the state treasurer is directed to transfer $5 million from the general fund.

Section 10 appropriates:

• $35 million from the digital inclusion grant program fund to the office of information technology for use by the Colorado broadband office to implement the digital inclusion grant program;
• $35 million from the broadband stimulus account in the broadband administrative fund to the department of regulatory agencies for use by the board to implement the broadband stimulus grant program; and
• $5 million from the interconnectivity grant program fund to the department of local affairs for use by the division of local government to implement the interconnectivity grant program.

Transportation & Telecommunications

Support

CCI secured amendments to address county concerns. 

The bill makes general fund transfers of $8 million to the just transition cash fund (fund) and $7 million to a newly created coal transition worker assistance program account (account) in the fund. The just transition office (office) is required to expend at least 70% of the money transferred to the fund in state fiscal year (FY) 2021-22 and any remaining money in state FY 2022-23 to implement the final just transition plan for Colorado and to provide supplemental funding for existing state programs that the office identifies as the most effective vehicles for targeted investment in coal transition communities. In expending the money, the office is required to develop specific criteria for prioritizing the expenditures, emphasize investment in tier one transition communities, as defined by the bill, and support specified types of programs in accordance with specified requirements and limitations.

Subject to specified requirements and limitations, the department of labor and employment is required to expend at least 70% of the money transferred to the account in state FY 2021-22 and any remaining money in state FY 2022-23 first for assistance programs that directly assist coal transition workers and then, if money remains, to support family and other household members of coal transition workers and create and implement a pilot program to test innovative coal transition work support programs.

The bill also amends and supplements existing definitions of "coal transition community" and "coal transition worker" to improve the implementation of just transition.

Tourism, Resorts & Economic Development

Support

Section 1 defines "cross-pollination", "farm", "licensed outdoor marijuana cultivation ", "volunteer plant", "outdoor cultivation", and "registered outdoor hemp farm" in connection with the convening of a working group in section 2 to examine measures to minimize cross-pollination between cannabis plants.  Section 4 requires the state licensing authority to convene a working group on or before November 1, 2021, to examine existing rules and tax laws that apply to the wholesale marijuana cultivation market to explore how the rules and laws could be amended to better position Colorado businesses to be competitive if marijuana is legalized federally. The working group is required to report its findings and recommendations to the executive director of the department of revenue and the general assembly on or before June 1, 2022.  Section 5 authorizes the state licensing authority to engage in rule-making on:

• the implementation, including the process, procedures, requirements, and restrictions , for contingency plans for outdoor marijuana cultivation facilities to ameliorate crop loss due to adverse weather ; and
• Procedures for the conditional issuance of an employee license identification card.

Sections 6 and 7 authorize medical marijuana cultivation and retail marijuana cultivation facility licensees with outdoor cultivation facilities, starting January 1, 2022, to file with the state licensing authority a contingency plan for when there is a threat to operations due to an adverse weather event and, if approved, to follow the plan if there is an adverse weather event. The state licensing authority is required to notify a local licensing authority of its approval of a contingency plan and the local licensing authority may require that an applicant for a license include with the license application a contingency plan for the local licensing authority's review and approval.  Section 3 defines "adverse weather event" to mean damaging weather, such as drought, freeze, hail, excessive moisture, excessive wind, or tornado or an adverse natural occurrence, such as an earthquake or a flood.For the 2021-22 state fiscal year, the act appropriates:

• $104,780 to the department of agriculture for agricultural services for the plant industry division and legal services; and
• $279,194 to the department of revenue for use by the specialized business group for marijuana enforcement and legal services.

General Government

Monitor

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

The bill 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 bill 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 bill 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 bill 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 bill specifies requirements that the new preschool program must meet. 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 bill 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.

Health & Human Services

Support

CCI secured amendments that allows the transition work group and advisory group to continue meeting (beyond this fall) to identify programs and services that can be moved to the new department – or aligned with the new department - at a future date. The other amendment clarifies that the funding streams that touch on early childhood could be both blended or braided.

The property tax administrator is required by law to prepare and publish manuals, appraisal procedures, instructions, and guidelines (property tax materials) concerning the administration of the property tax. Beginning January 1, 2022, section 1 of the bill requires the administrator to conduct a public hearing on a proposed change to the property tax materials prior to submitting the proposed change to the advisory committee to the property tax administrator (advisory committee). The administrator must publish notice of the hearing and mail notice to those people who so request. At the hearing, interested persons may submit information and the administrator is required to consider these submissions. Any interested person may also petition the administrator for the issuance, amendment, or repeal of any property tax material.

At least 2 weeks prior to the advisory committee reviewing a proposed change to the property tax materials, section 2 requires the property tax administrator to publish notice about the proposed change.

Under current law, an assessor may, with the permission of the board of county commissioners, include an estimate of property taxes owed in a notice of valuation. Section 3 requires an assessor to include this estimate and allows the assessor to include a range of values.

If in the consideration of a protest an assessor finds that he or she made a systematic error and the valuations of other similar properties are incorrect, section 4 requires the assessor to correct the error for the other similar properties.Sections 4 through 9 extend all deadlines related to protests of the valuation of real or personal property and for appeals to the county board of equalization to the same day of the following month. The deadline for a county assessor to report the total valuation for assessment of land and improvements within a county is likewise delayed.

Taxation & Finance

Pending

The bill makes changes to several state and local government taxes.

Insurance premium tax. Currently, the insurance premium tax is equal to 2% of premiums collected or contracted for covering property or risks in this state; except that a company that is deemed to maintain a home office or regional home office in this state pays tax of 1%. Section 2 of the bill requires a company to have at least 2.5% of its total domestic workforce in the state in order for the company to be deemed to maintain a home office or regional home office. This section also narrows the tax exemption for annuities considerations to those that are purchased in connection with a qualified retirement plan, a Roth 401(k), or an individual retirement account. For the purpose of auditing a company's tax statement, section 2 also authorizes the commissioner of insurance to appoint an independent examiner to conduct an examination on behalf of the commissioner.Property tax. For purposes of imposing the property tax, section 4 requires the actual value of real property to reflect the value of the fee simple estate. Section 5 requires that the actual value of personal property be determined based on the property's value in use, which will be defined by the property tax administrator.

There is an exemption from property tax for business personal property that would otherwise be listed on a single personal property if the property is less than a certain amount, which increases with inflation each property tax cycle. For the next property tax cycle, section 6 increases the exemption from $7,900 to $50,000. Similar to the reimbursement for the homestead exemption, the state is required to reimburse local governments for lost property tax revenue caused by the increase. The first reimbursement will be based on actual property tax schedules filed, and future reimbursements will be adjusted estimates based on the initial amount.Sales and use tax. The state sales and use tax is imposed on the sale and use of tangible personal property. Section 7 codifies the department of revenue rule that the definition of "tangible personal property" includes "digital goods". Section 8 specifies that the state sales tax applies to amounts charged for mainframe computer access, photocopying, and packing and crating.

A retailer who collects state sales tax is currently allowed to retain 4% of the state sales taxes collected, with a monthly cap of $1,000, as compensation for the retailer's expenses incurred in collecting and remitting the tax (vendor fee). Beginning January 1, 2022, section 9 eliminates the vendor fee for any filing period that the retailer's total taxable sales were greater than $1 million.Severance taxes. The severance tax on oil and gas is currently imposed on gross income, which is equal to the net amount realized for the sale of the oil and gas. The net amount realized is equal to the gross lease revenues, less deductions for any transportation, manufacturing, or processing costs by the taxpayer borne by the taxpayer (netback deductions). Section 10 limits the netback deductions to direct costs actually paid by the taxpayer for those purposes, which disallows costs of capital and other indirect expenses.

Currently, the first 300,000 tons of coal produced in each quarter is exempt from the property tax. There is also a tax credit equal to 50% for coal produced from underground mines and another credit in the same amount for lignitic coal. Beginning with the 2022 taxable year, section 11 phases out the quarterly exemption and both tax credits. The additional severance tax that results from these changes is credited to the just transition cash fund under section 12.

Taxation & Finance

Monitor

Bill was amended to ‘turn off’ the $50,000 business personal property tax exemption in years that the state does not budget for local government backfill obligation.

The bill 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. The bill 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 bill requires that assessment to include the patient's mental health history. If the recommending physician is not the patient's primary care physician, the bill 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 bill requires the certification to include:

• The date of issue and the effective date of the recommendation;
• The patient's name and address;
• The recommending physician's name, address, and federal drug enforcement agency number;
• The maximum THC potency level of medical marijuana being recommended;
• The recommended product, if any ;
• The daily authorized quantity, if the quantity exceeds the maximum statutorily allowed amount for the patient's age ;
• Directions for use; and
• The recommending physician's signature.

The bill 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 bill 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 bill imposes the following requirements on medical marijuana patients ages 18 to 20 years old:

• Two physicians from different medical practices have to diagnose the patient as having a debilitating or disabling medical condition after an in-person consultation;
• One of the physicians must explain the possible risks and benefits of the medical use of marijuana to the patient;
• One physician must provide the patient with the written documentation specifying that the patient has been diagnosed with a debilitating or disabling medical condition and the physician has concluded that the patient might benefit from the medical use of marijuana; and
• The patient attends follow-up appointments every 6 months after the initial visit with one of the physicians unless the patient is homebound .

The bill requires the department to create a report from emergency room and hospital discharge data of patients who presented with conditions or a diagnosis that reflect marijuana use and provide that report at the department's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.The bill directs the association representing coroners to establish a working group to study methods to test for 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, 2021, the bill 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, 2022, and annually each year thereafter.

The bill prohibits medical marijuana advertising that is specifically directed to those 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 bill requires medical marijuana stores to immediately record transactions in the seed-to-sale inventory tracking system to allow the system to:

• Continuously monitor entry of patient data to identify discrepancies with daily purchase limits and potency authorizations;
• Access and retrieve real-time sales data based on patient identification number; and
• Respond with a user error message if a sale to a patient or caregiver will exceed the patient's allowed purchase limit for that business day or potency authorization.

The data collected is confidential and shall not be shared with anyone except when necessary to complete a sale.

The bill 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 bill limits the amount of retail marijuana concentrate that a patient can purchase in one day to 8 grams.The bill appropriates $4 million from the marijuana tax cash fund to the department of higher education for use by the Colorado school of public health and any unexpended money from the appropriation is further appropriated to the department for the same purpose. The bill appropriates $460,227 to the department of public health and environment for use by the center for health and environmental information: $173,250 of the appropriation from the general fund and $286,977 from the medical marijuana program cash fund. The bill appropriates $255,167 from the marijuana cash tax fund to the department of revenue to implement the act. The bill appropriates $95,706 and allocates 0.5 FTE to the department of law from reappropriated funds from the department of revenue.

General Government

Monitor

CCI secured amendments to require CDPHE to reimburse coroners for toxicology screens. 

The federal government enacted the "American Rescue Plan Act of 2021" (federal act) to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and to assist them in their efforts to contain the effects of COVID-19 on their communities, residents, and businesses. Under the federal act, the state of Colorado receives over $500 million to address the housing needs of populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency.

The bill creates the affordable housing and home ownership cash fund (fund) in the state treasury. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the bill authorizes the general assembly to appropriate money from the fund to a department for programs or services that benefit populations, households, or geographic areas disproportionately impacted by the COVID-19 public health emergency, focusing on programs or services that address housing insecurity, lack of affordable housing, or homelessness.

Three days after the effective date of the bill, the state treasurer is required to transfer $550 million from the "American Rescue Plan Act of 2021" cash fund to the fund.

The bill requires the executive committee of the legislative council, by resolution, to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative change in the area of housing using money the state receives from the federal act. The task force may include nonlegislative members and have working groups created to assist them.

For the 2021-22 state fiscal year, the bill appropriates $100 million to the department of local affairs for use by the division of housing (division). This appropriation is from the fund. To implement the bill, the division may use the appropriation for programs and services that provide gap financing for projects financed through the housing investment trust fund or the housing development grant fund to assist populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency in order to obtain affordable housing by the acquisition, construction, or renovation of affordable housing projects or land acquisition, thus enabling individuals and families to relocate to neighborhoods with high levels of economic opportunity and reducing concentrated areas of low economic opportunity.

Land Use & Natural Resources

Pending

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.

General Government

No Position

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. 

Health & Human Services

Support

Sections 1 and 2 of the bill ensure that clean energy resources and energy storage systems used to store electricity are assessed for valuation for the purpose of property taxation in a similar manner to renewable energy facility property used to generate and deliver electricity. Currently, the property tax administrator (administrator) is required to determine the actual value of a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility using the income approach to valuation only. This valuation currently involves a tax factor based on a 20-year period. Section 2 extends this period by 10 years for a renewable energy facility that begins generating energy on or after January 1, 2021. It also specifies that after the 20- or 30-year period, as applicable, a tax factor is not applied and the taxable value shall not exceed the depreciated value floor calculated using the cost basis method. Under section 3 , the administrator is required to utilize the income approach for solar energy facilities that generate 2 megawatts or less, so that similar facilities will be valued in the same manner.

Taxation & Finance

Monitor

The bill was amended to be a study:

Summary of introduced bill:

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

General Government

Monitor

The bill transfers funds to be used to address wildland fires. The bill transfers $6 million general fund to the Forest Restoration and Wildfire Risk Mitigation Grant Program, which is available to local governments. It transfers $3 million general fund to the Wildfire Preparedness Fund for the Department of Public Safety to (1) use as the state match for federal hazard mitigation assistance grants to local governments used to mitigate fire hazards, and (2) to provide local governments eligible to receive a federal grant with strategic planning assistance for wildland fire hazard mitigation. Finally, the bill transfers $4 million general fund to the Colorado Water Conservation Board Construction (CWCB) Fund for the Watershed Restoration Program to support post-fire recovery and mitigation efforts. 

Land Use & Natural Resources

Support

Section 1 of the bill amends the definition of broadband network to increase downstream and upstream speed requirements and adds a definition of critically unserved, which means a household or area that lacks access to at least one provider of nonsatellite broadband service delivered at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream. Section 2 reduces the membership of the broadband deployment board (board) in the department of regulatory agencies from 16 members to 9 members. The board is required to develop a reimbursement program to reimburse certain households for up to $600 per year for broadband service. A household is eligible to apply for reimbursement if the household:   • Includes children enrolled in grades K-12 who receive free or reduced-price lunch through a school's lunch program; or   • Has an income that does not exceed the higher of the federal poverty level or 30% of area median income. The board is also required to develop a request for proposal process through which the board will solicit bids for proposed projects to serve areas of the state that the office of information technology has determined lack access to broadband service at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream. Each year, the board is required to reserve at least 50% of the money from the high cost support mechanism that is allocated for broadband deployment to award grants to proposed projects solicited through the request for proposal process. Section 2 also limits the notice and comment period for a local entity's review of an application from 60 days to 30 days and removes provisions requiring the board to apply for specific types of federal funding because the board has completed those applications. Section 2 further requires the public utilities commission, in consultation with the board, to:   • Adopt rules establishing speed testing protocols by which broadband grant applicants must abide; and   • Consider, on a biennial basis starting in 2023, whether to modify by rule the definitions of broadband network and critically unserved and certain aspects of the reimbursement program, including eligibility for reimbursement and the maximum amount of money that the board may annually reimburse a household. Section 3 repeals the current board composition requirements on August 31, 2021. 

Transportation & Telecommunications

Support

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.

Justice & Public Safety

No Position

Under current law, there is a crime of retaliation against a judge if an individual makes a credible threat or commits an act of harassment or an act of harm or injury upon a person or property as retaliation or retribution against a judge. The crime is a class 4 felony. The bill adds elected officials and their families to the crime. 

General Government

Monitor

The bill authorizes a board of county commissioners to require the registration of businesses in the unincorporated portions of the county. 

General Government

Support

The bill prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act. The bill reduces the juvenile detention bed cap from 327 beds to 188 beds beginning in fiscal year 2021-22. 

Health & Human Services

Support

Bill was amended to address county concerns: add a study to review the placement & service options available to this population and change the bed cap from 188 to 215

The bill seeks to expand electric transmission facilities in the state by creating the Colorado Electric Transmission Authority (CETA), and independent special purpose authority. CETA is granted various powers in the bill, including the power to exercise eminent domain, to coordinate with other entities to establish intra- and interstate electric transmission corridors, to issue revenue bonds, and to collect payments of reasonable rates, fees, interest, or other charges from persons using eligible facilities. CETA is governed by a board of directors, and is authorized to select a transmission operator that finances, operates and maintains transmission and related facilities. The bill requires transmission utilities to join an organized wholesale market (a regional transmission organization or an independent system operator) by 2030, and streamlines the Public Utilities Commission’s (PUC) approval process for new transmission facilities by requiring a decision on an application to construct or expand transmission facilities within 180 days.

As amended, the bill clarifies that CETA is not property-tax exempt, that CETA’s condemnation authority does not apply to local government property, and that CETA is subject to local land use and siting approval.

CETA is subject to state open records and open meetings requirements, but proprietary confidential information that it holds is not subject to inspection. The bill authorizes a $500,000 annual appropriation for CETA’s administrative expenses, from an existing cash fund administered by the PUC.

Under current law, a cooperative electric association with an electric easement on real property is authorized to install or to allow installation of broadband facilities on the real property, subject to notice and procedural requirements. The bill expands the authorization to also apply to the following entities with an electric easement:

• An investor-owned electric utility
• A generation and transmission cooperative electric association/wholesale electric cooperative; or
• The federal western area power administration within the United States department of energy.

Finally, the bill specifies that when a right-of-way is taken for an interstate electric transmission line, the court shall evaluate public purpose in light of the transmission system as a whole, including public use and benefits occurring both within Colorado and at a regional level.

Land Use & Natural Resources

Support

Bill was amended to addresses county protections.

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 bill 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 bill 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 bill 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. Under existing law, the filing of a claim alleging sexual misconduct by a person under disability is deemed a limited waiver of the doctor- or psychologist-patient privilege. The bill eliminates the limited waiver. 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 bill eliminates this restriction. 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 bill 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 bill removes this exemption. 

General Government

No position

Current law allows local governments to prohibit the operation of trucks and commercial vehicles on designated roads. The bill expands this to allow local governments to prohibit the operation of motor vehicles on roughed-in roads, which are areas where the ground has been cut with the intention to make a road but has not been improved enough to qualify as a road. 

Transportation & Telecommunications

Support

The bill creates a statutory cause of action for a victim of sexual misconduct when the victim was a minor against the actor who committed the sexual misconduct and against an organization that operates or manages a youth program if the sexual misconduct occurred while the victim was participating in a youth program. The victim may bring the claim against the organization if the organization knew or should have known of a risk of sexual misconduct against minors participating in the program and the organization did not take action to address the risks or warn participants of the risk. The 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 applies retroactively and is available to a victim of sexual misconduct that occurred before, on, or after January 1, 2022. A person may not waive the right to bring a civil action, and any purported 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. A victim may be awarded treble damages under certain circumstances. 

General Government

Oppose unless Amended

The bill transfers $30.8 million from federal stimulus funds flowing through the General Fund for the purchase and operation of a Firehawk helicopter, and for the lease and operation of other appropriate aviation resources equipped for wildfire mitigation.

The bill expands the uses of the Wildfire Emergency Preparedness Fund (WERF) to authorize DPS to use these funds to provide wildfire suppression assistance to county sheriffs, municipal fire departments, or fire protection districts at no cost to these entities. This aligns with the annual guidelines in the DPS Wildfire Preparedness Plan, and bolsters initial response capabilities to maximize the use of the Firehawk. 

Land Use & Natural Resources

Support

The bill requires that newly constructed public school building sites be set back from existing oil and gas facilities by the setback distance required by the local government having land use jurisdiction over the site proposed for the public school property. In the case where there is no local government setback requirements, or a local government’s setback is less than that of the Colorado Oil & Gas Conservation Commission (COGCC), the setback distance is that which is set by the COGCC.

Land Use & Natural Resources

No Position

The bill amends provisions concerning students in out-of-home placement that mandate cooperation between schools and county departments of human or social services (county departments) relating to education. Specifically, the bill:    • Amends the definition of student in out-of-home placement to align with those students in custody of county departments; • Streamlines billing practices for transportation services provided to students in out-ofhome placement by requiring the use of invoices and forms approved by both the department of education and the state department of human services; and • Authorizes school districts and the state charter school institute establishing transportation plans with county departments, as required by law, to establish transportation plans by region or through a board of cooperative services. 

Health & Human Services

Support

Current law allows for only one type of response for a county department of human or social services (county department) to follow after a report of mistreatment or self-neglect of an at-risk adult, regardless of the level of risk reported. That type of response requires a full investigation, including unannounced initial in-person interviews, and a finding by the county department. The bill creates, on or after January 1, 2022, an alternative response pilot program (pilot) that a participating county department can utilize when it receives a report, related to an at-risk adult, of mistreatment or self-neglect, (report) and the report has identified the risk as lower risk, as defined by rules promulgated by the state department of human services (state department). The state department shall select a maximum of 15 rural and urban county departments to participate in the pilot. Upon receipt of a report, a participating county department will not make a finding nor will it be required to complete unannounced initial in-person interviews, so long as the report has identified the risk as lower risk, as defined by rule of the state department. If, upon further review, the participating county department determines the situation is more severe, it shall revert to the process that is currently set forth in law for investigating a report. The state department shall provide initial training on the pilot to participating county departments, as well as ongoing technical assistance. The state department shall promulgate rules for the implementation and administration of the pilot. The rules must include, at a minimum, a description of the risk levels and the parameters around unannounced initial in-person interviews. The state department shall contract with a third-party evaluator to evaluate the pilot's success or failure, including a consideration of the pilot's effectiveness in achieving outcomes over a 2-year period. Each participating county department shall submit a report to the state department, as necessary, regarding the county department's use of the pilot and any data required by the state department to effectively evaluate the pilot. The state department shall submit a summary report to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentations in January 2025 and January 2026. The pilot is repealed, effective July 1, 2027. 

Health & Human Services

Support, CCI Priority Bill

The bill allows counties, municipalities, and special districts to exempt up to 100% of business personal property from the levy and collection of property taxation for the 2021 property tax year. 

Taxation & Finance

Monitor

The bill directs the joint technology committee to study whether and how the general assembly could address, through legislation, consumer protection concerns related to certain digital communications platforms, such as social media platforms or media-sharing platforms. 

The committee is authorized to consult with and seek presentations from various experts including an expert in constitutional first amendment law and the media. The committee may study a digital communications platform's existing policies and practices regarding if and how the digital communications platform's policies and practices

• Promote violence ; undermine election integrity; disseminate intentional disinformation; directly attack protected groups, or chill free speech.

The committee may also study platforms' use of facial recognition software and other tracking technology, personal data, and design practices that increase data collection without users' consent. The committee may consider whether and how the state could address consumer complaints about a digital communications platform's policies and practices.The committee is required to submit a report to the general assembly on its findings and recommendations on or before the 2022 legislative session commences. If the committee's report includes recommendations of legislation, the introduction of any such legislation during the 2022 legislative session does not count against the 5-bill limit.

Transportation & Telecommunications

Oppose

Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. The bill modifies the provisions governing the ability of a retail liquor store to obtain additional retail liquor store licenses as follows:   • Retains the ability of a retail liquor store owner that applied for a license on or before January 1, 2016, to obtain one additional retail liquor store license on or after January 1, 2017, but removes the requirement that the licensee be a Colorado resident;   • On or after the effective date of the bill, mirrors the multiple license provisions applicable to liquor-licensed drugstore licenses by allowing a retail liquor store owner to obtain: A maximum of 5 total retail liquor store licenses between the effective date of the bill and December 31, 2021; a maximum of 8 total retail liquor store licenses between January 1, 2022, and December 31, 2026; a maximum of 13 total retail liquor store licenses between January 1, 2027, and December 31, 2031; a maximum of 20 total retail liquor store licenses between January 1, 2032, and December 31, 2036; and an unlimited number of retail liquor store licenses on or after January 1, 2037; and   • For additional licenses obtained on or after the effective date of the bill, requires a person seeking additional licenses to apply to transfer ownership of, change location of, and merge at least 2 retail liquor store licenses located within the same local licensing authority jurisdiction as the applicant's premises into a single retail liquor store license. Additionally, the bill prohibits a retail liquor store from allowing customers to use a self-checkout to complete an alcohol beverage purchase and requires a retail liquor store to:   • Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and   • Maintain certification as a responsible alcohol beverage vendor. The bill sets state and local application fees for a retail liquor store licensee applying for a transfer of ownership, change of location, and merger of 2 retail liquor store licenses

General Government

No position

The Forest Health Advisory Council (FHAC) is scheduled to repeal on September 1, 2021. The bill continues the committee until September 1, 2026, following a sunset review.

FHAC was created by HB16-1255 to provide a collaborative forum to advise the State Forester on a range of issues, opportunities, and threats with regard to Colorado’s forests. 

Land Use & Natural Resources

Support

Section 1 of the bill titles the bill the "Behavioral Health Recovery Act of 2021". 

Section 2 of the bill continues the requirement that a podiatrist must adhere to the limitations on prescribing opioids.

Sections 3 and 4 of the bill continue the funding for the medication-assisted treatment expansion pilot program (pilot program) for the 2020-21 through 2022-23 state fiscal years and repeal the pilot program on June 30, 2023.

Section 5 of the bill 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.

Section 6 of the bill appropriates money to the department of public health and environment to address behavioral health disorders through public health prevention and intervention and to work with community partners to address behavioral health, mental health, and substance use priorities throughout the state.

Section 7 of the bill continuously appropriates money to the harm reduction grant program.

Section 8 of the bill requires a managed care organization (MCO) to notify a person's provider of approval of authorization of services no later than 24 hours after the submission of the request for services. The initial authorization for intensive residential treatment must be no less than 7 days, and the initial authorization for transitional residential treatment must be no less than 14 days. The initial authorization period may be longer if the MCO does not have sufficient information from the person's provider. MCOs shall continually authorize services in accordance with the person's provider if the MCO's determination conflicts with the provider's recommendation. MCOs shall provide specific justification for each denial of continued authorization for all 6 dimensions in the most recent edition of "The ASAM Criteria for Addictive, Substance-related, and Co-occuring Conditions".

Section 9 of the bill requires the state medical assistance program (medicaid) to include screening for perinatal mood and anxiety disorders for each child enrolled in medicaid in accordance with the health resources and services administration guidelines. The screening must be made available to any person, regardless of whether the person is enrolled in medicaid, so long as the person's child is enrolled in medicaid. 

Section 10 of the bill requires the department of human services to 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.

Section 11 of the bill requires the department of human services, 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.

Section 12 of the bill 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.

Section 13 of the bill continues the building substance use disorder treatment capacity in underserved communities grant program.

Section 14 of the bill 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.

Section 15 of the bill requires the office of behavioral health to 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. 

Section 16 of the bill requires the office of behavioral health 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.

Section 16 of the bill also creates the recovery support services grant program for the purpose of providing recovery-oriented services to individuals with a substance use and co-occurring mental health disorder.

Section 17 of the bill continues the appropriation to the maternal and child health pilot program.

Section 18 of the bill continues the program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of nalaxone and other drugs used to block the effects of an opioid overdose.

Section 19 of the bill continues the harm reduction grant program and the maternal and child health pilot program.

Section 20 of the bill appropriates money to various state departments for certain programs.

Health & Human Services

Support

Bill was amended to create a grant program for counties who wish to improve or expand behavioral health disorder treatment programs in their communities.

The bill requires, whenever possible, that a report of known or suspected child abuse or neglect made by a public school official or employee includes information as to whether the child who is the subject of the report has an individualized education program (IEP), as defined in statute. Unless the child is in imminent danger of child abuse or neglect, prior to reporting the suspected child abuse or neglect, a public school official or employee shall request an immediate advisory meeting concerning the child with a least one person who is a primary teacher or special education teacher of the child, if applicable, to share information concerning the child and any IEP or safety plan for the child. Public school officials or employees are encouraged to provide a child's IEP with any report of suspected child abuse or neglect made by a public school official or employee. The bill authorizes the state board of human services to adopt rules to include a notation or flag in a report or inquiry that the child who is the subject of the report or inquiry has been identified as a child who is neuroatypical. 

Health & Human Services

Oppose

On October 17, 2020, congress passed the "National Suicide Hotline Designation Act of 2020" designating 988 as the 3-digit number for the national suicide prevention lifeline to aid rapid access to suicide prevention and mental health support services. The bill 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 .On or before July 1, 2022, the department of human services (department) shall contract with a nonprofit organization to create the 988 crisis hotline center to provide intervention services and crisis care coordination to individuals calling the 988 crisis hotline 24 hours a day, 7 days a week.Beginning Effective January 1, 2022, the enterprise shall impose a 988 surcharge (surcharge) is imposed on service users in an amount to be established annually by the enterprise, in collaboration with the public utilities commission (commission) on an annual basis but not to exceed 30 cents per month . The bill 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).The bill imposes 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 on an annual basis but not to exceed 30 cents per each retail transaction . The bill 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.The office of behavioral health in the department may expend money from the fund for the administration and operation of the 988 crisis hotline center.

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 annually report progress on the implementation of the 988 crisis hotline to the general assembly.

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

Health & Human Services

Support

The bill makes the following changes to the local government and special district election codes:

• Revises statutory citations to clarify that the Colorado local government election code is the portion of the election code applicable to special district elections;
• Provides additional statutory citations to specify all instances in which a county assessor provides a list of property owners for an election;
• Clarifies that, when computing time for any designated period of days for a local government election, the first day from which the period of days runs is excluded and the last day from which the period of days runs is included;
• Specifies that the candidate self-nomination form for special district elections must contain the county where the special district is located;
• Clarifies that a candidate's and witness's respective addresses and telephone numbers and a candidate's current e-mail address need to be provided but do not need to be printed by the candidate and witness on the self-nomination form for special district elections;
• Specifies that an eligible elector of a local government who is a covered voter must reside within the boundaries of the local government to receive a mail ballot;
• Clarifies that local government ballots may be automatically sent to eligible electors who are qualified under contracts to purchase taxable property; and
• Eliminates provisions governing a self-affirming oath or affirmation of an elector in the statutes governing special districts that are covered by similar provisions in the election code.

The board of directors of a special district currently consists of 5 or 7 directors elected at large. The bill provides a process for dividing a special district into separate director districts and for members to be elected from each director district at large or by the electors within each director district.

General Government

Support

The bill implements recommendations of the 2020 Colorado Fire Commission Annual Report.     Sections 1, 2, and 3 of the bill update 3 mutual aid statutes affecting the responsibilities of requesting and assisting fire control. Under current statutory provisions, all resources from an agency assisting in fire prevention are under the control of the requesting agency and liability is placed with the requesting agency. Under the changes made by the bill, the assisting agency, working under the direction of the incident commander, retains operational control of its resources and, therefore, retains liability for the actions of its crews. These changes also add public emergency medical services (EMS) agencies to the applicable statutory provisions to allow for better coordination of EMS mutual aid resources. Section 4 creates the state responsibility and large wildland fire fund (fund) in the state treasury, which fund is to be administered by the division of fire prevention and control (division) in the department of public safety. Commencing July 1, 2021, and on July 1 of all subsequent state fiscal years, the bill requires the state treasurer to make an annual transfer from the general fund into the fund. Money in the fund must be used to pay for the state's share of suppression costs on large responsibility fires that are deemed to be the responsibility of the state.     The regional and statewide mutual aid system (RSMAS) is a regional and statewide system that provides for the coordinated initial response of emergency responders to emergency incidents. Section 5 establishes the RSMAS to be administered by the division.     The director of the division is required to establish, implement, and maintain the RSMAS. Among the duties of the director in administering the RSMAS is implementing the Colorado coordinated regional mutual aid system (CCRMAS). The CCRMAS establishes 4 roughly equal geographic areas within the state to be known as division of fire prevention and control (DFPC) districts. Each DFPC district has a regional mutual aid coordinator, whose duties include ensuring that a competent mutual aid plan exists in each DFPC district and who serves as the point of contact within the DFPC district and coordinates mutual aid requests for fire and EMS resources. The bill specifies the duties of each regional mutual aid coordinator and of the director of the division with respect to administration of the RSMAS and CCRMAS overall.     Unless an emergency responder has opted out of the RSMAS and CCRMAS, all emergency responders are part of the RSMAS and CCRMAS. An emergency responder is relieved from any duty to make its equipment and personnel available to the RSMAS and CCRMAS under circumstances specified in the bill. An emergency responder that opts out of the RSMAS and CCRMAS is only eligible for reimbursement to the extent authorized in the rules promulgated by the director of the division.     The RSMAS and CCRMAS do not affect any other mutual aid agreement that may be entered into by one or more emergency responders.     At the end of any state fiscal year commencing with the 2022 state fiscal year, section 6 requires the state treasurer to transfer any money in the aviation resources line of the annual general appropriation act for that same state fiscal year that would otherwise revert to the general fund into the wildfire preparedness fund (WPF). Money transferred by the state treasurer into the WPF must be used for the purpose of traditional mitigation efforts. As long as money transferred into the WPF is being expended for one of the purposes specified in the bill, the division may allocate the money to any such purpose as will maximize the impact of such funding as the division may determine in its sole discretion.     Not less than once every 3 years commencing January 15, 2025, the division is required to report to the joint budget committee concerning its expenditures from the transfers made into the WPF under the bill. 

Land Use & Natural Resources

Support

The bill requires a cooperative electric association (association) to adopt a wildland fire protection plan. The plan must include information on: • Areas where the association has powerline facilities that may have an increased risk of wildland fires; • The procedures and standards that the association will use to inspect and operate its powerline facilities and perform vegetation management around those facilities; • The modifications or upgrades that the association will implement to reduce risks of wildland fires; • The procedures for de-energizing powerline facilities to mitigate potential wildland fires;  • Community outreach efforts during the wildland fire season; and • The potential for coordination with other wildland fire protection plans.  
 
An association must file its wildland fire protection plan with the public utilities commission every 3 years and must submit an annual report to the commission detailing its compliance with the plan.  
 
The bill allows, but does not require, an association to remove or partially remove vegetation outside of a powerline facility easement as necessary following a major weather event or other emergency situation. In addition, an association may designate vegetation as hazard vegetation if the association finds that the vegetation is dead, likely to fail, or likely to fall, sway, or grow into a powerline facility and finds that the vegetation is likely to cause substantial damage, disrupt service, or come within a minimum clearance distance of the powerline facility. An association may, but is not required to, remove or partially remove hazard vegetation outside of an easement after providing notice to the landowner. The association is not required to provide notice if removal of the hazard vegetation is necessary to continue safe operation of its facilities or if the removal is done as part of trimming or removing vegetation after a storm or other emergency event.  
 
If vegetation outside of a powerline facility easement dies as the result of being trimmed or partially removed by an association, the landowner may request that the association remove the vegetation at the association's expense. The association is required to remove the vegetation within ninety days; except that the association may offer and the landowner may accept payment for the reasonable cost of removal instead of the association removing the vegetation.  
 
An association is not liable for personal injury, property damage, or fire suppression costs resulting from a wildland fire if any of the following apply: • The association filed a wildland fire protection plan and completed the activities described in it; • A landowner failed to control vegetation outside of a powerline facility easement on the landowner's land; • The association requested and was denied access to perform vegetation management in a right-ofway on land owned by a local government, the state, a federal agency, or a tribal agency; or • A landowner prevented the association from maintaining its powerline facility easement or from removing hazard vegetation outside the easement.  
 
If none of those circumstances apply and an association is found liable for a wildland fire, the prevailing plaintiff is limited to actual damages and cannot recover noneconomic, punitive, or exemplary damages. 

Land Use & Natural Resources

Support with Amendments

Bill was PI’d before Amendments could be introduced/adopted.

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill:

• 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;
• 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;
• Adds new definitions of "caregiver", "care recipient", "child", "minor child", "harassment", "hostile work environment", and "independent contractor";
• Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status";
• 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 remedial action if appropriate;
• 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; and
• Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission.

General Government

Oppose unless Amended

The bill was rewritten in the Senate Judiciary Committee to restore the administrative remedy process under the Colorado Civil Rights Division (CCRD), remove changes to the Colorado Governmental Immunity Act, allow a longer timeframe for responding and investigating complaints and try to address the independent contractor issue.  These changes go a long way toward addressing county concerns, but there are still some issues to be worked out in the legislation.  

The bill permits a civil action for deprivation of rights against a peace officer to be brought against a Colorado state patrol officer or Colorado bureau of investigation agent. The bill amends certain standards concerning use of force by a peace officer. The bill defines intervene, for the purpose of a peace officer's duty to intervene. Furthermore, it amends the requirements that constitute a class 1 misdemeanor for failure of the duty to intervene.

The bill requires that any suspension or revocation of a peace officer's certification is not effective until the peace officer has exhausted all internal, contractual, and legal rights to review, challenge, and appeal the underlying finding or decision.

The bill includes agents employed by the Colorado bureau of investigation to the definition of peace officers for purposes of body-worn camera requirements.

Justice & Public Safety

Monitor

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.

General Government

Monitor & Amend

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.

Land Use & Natural Resources

No Position

The bill addresses concerns related to child care facilities that are operating without a valid license or are exempt from licensure.

As amended, the bill requires CDHS to post, on their website, information on providers that have received one or more cease and desist orders. The bill also makes it clear that those providing child care without the appropriate license are doing so illegally and increases the penalties for such operations. The issuance of cease and desist orders and injunctions are the responsibility of the state.

CCI amended the bill to fix existing statute that granted counties the ability to file an injunction. This optional authority created liability for counties in instances when the state did not act.

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

Health & Human Services

Support

Bill was amended to remove existing statutory language that allowed counties to file injunctions on unlicensed child care operations. It is the state’s role to file cease and desist orders and injunctions. This optional county authority created liability for counties.

In 2020, the Colorado general assembly created the rural economic development initiative (REDI) grant program in the department of local affairs (department). The department, in consultation with the office of economic development, may provide grants to a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. Or, if the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the REDI grant program for the purposes of the Rural Economic Advancement of Colorado Towns (REACT) Act.

Section 2 of the bill appropriates $5 million to the department for the REDI grant program. Section 1 ensures that the department will use all of this appropriation for the purposes of the grants or REACT.

Tourism, Resorts & Economic Development

Support

The bill removes the $1 million limit for the grant share of individual projects under the forest restoration and wildfire risk mitigation grant program (program). The bill also adds a requirement that when the technical advisory panel (panel) considers hazardous fuel reduction projects for the program, the panel shows preference to applicants that are adopting local measures that reduce wildfire risks to people, property, and infrastructure that complement funds provided through the program.

Land Use & Natural Resources

Pending

The bill creates the rural jump-start zone grant program (grant program) and authorizes the Colorado economic development commission (commission) to issue grants, subject to available appropriations, as follows:

• Up to $20,000 to new businesses to establish operations;
• Up to $40,000 to new businesses to establish operations in a tier one transition community;
• Up to $2,500 to new businesses for each new hire; and
• Up to $5,000 to new businesses for each new hire who is hired for operations established in a tier one transition community.

The bill creates the rural jump-start zone grant fund account in the Colorado economic development fund, which consists of any money appropriated to the fund by the general assembly, and may be used:

• By the commission to issue grants; and
• For the direct and indirect costs that the Colorado office of economic development incurs, not to exceed a specified amount, to administer the grant program.

Tourism, Resorts & Economic Development

Support

Under current law, the forest health advisory council was created within the state forest service, which is within Colorado state university. Section 4 of the bill repeals the forest health advisory council and section 2 creates the Colorado forest health council within the division of forestry within the department of natural resources and specifies the new council's membership and duties. Section 1 schedules the new council for sunset review in 2026.

Land Use & Natural Resources

Support

The bill creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.

The area that comprises the district extends from Wyoming to New Mexico and includes:

• The entirety of the city and county of Broomfield and the city and county of Denver;
• All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO);
• All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and
• All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25.

The district is governed by a board of directors composed of appointees of transportation planning organizations that have jurisdiction within the territory of the district, the governor, and the executive director of the department of transportation (CDOT), as well as a nonvoting representative of RTD, and, if the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico. Of the directors appointed by the governor, one must be a representative of organized labor and one must be a representative of a conservation organization with expertise in transit-oriented land use planning. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022, and on that date, the existing southwest chief and front range passenger rail commission is terminated and any remaining commission funds are transferred to the district.

The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:

• The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax and to exercise specified taxing authority common to special districts within the district and to issue bonds;
• The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station;
• The power to enter into public-private partnerships; and
• The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system.

Transportation & Telecommunications

Monitor & Amend

The bill was amended in the House Transportation and Local Government Committee to alter the make-up of the governing board, require that any decisions on eminent domain usage occur in a public meeting and to require two-thirds support of the governing board for any submittal of a ballot question to the voters.  

For each of the 2021-22, 2022-23, and 2023-24 state fiscal years, the bill requires the general assembly to appropriate $21,090,149 to the department of public health and environment as follows:

• $10,000,000 for distributions to local public health
  agencies; and
• $11,090,149 for disease control and public health response.

Health & Human Services

Support

The bill defines "backcountry search and rescue" as the utilization, training, and support of responders, with their specialized equipment, to locate, provide assistance to, and remove to safety individuals who are lost, injured, stranded, or entrapped, generally in remote areas of the state. The division of parks and wildlife (division) within the department of natural resources must conduct a study and develop recommendations on the issues related to backcountry search and rescue, including coordination among the local, state, and nonprofit organizations involved in backcountry search and rescue, the adequacy of resources and benefits available to volunteers who provide backcountry search and rescue services, the funding needs for equipment and reimbursement, and the needs for volunteer training and public education. The division must also conduct outreach and training related to the physical and psychological support needs of backcountry search and rescue volunteers, which may include working with consultants, providing programs, or creating a grant program for local governments or nonprofit organizations providing backcountry search and rescue. The bill makes conforming amendments related to the definition of "backcountry search and rescue".

Land Use & Natural Resources

Support

Section 1 of the bill creates the keep Colorado wild pass (wild pass) for entry into state parks and other participating public lands. Commencing no earlier than January 1, 2023, but no later than January 1, 2024, each resident with one of the following motor vehicles that is not a commercial vehicle is assessed a fee for the wild pass (wild pass fee) when registering the motor vehicle:

• A passenger motor vehicle;
• A light-weight truck with an empty vehicle weight of less than or equal to 16,000 pounds;
• A motorcycle; or
• A recreational vehicle.

A resident may decline to pay the wild pass fee when registering the resident's motor vehicle, and nonpayment of the wild pass fee does not affect the resident's ability to register the motor vehicle.

The parks and wildlife commission in the department of natural resources (commission) is required to adopt rules to set the wild pass fee and, for income-eligible households, a reduced wild pass fee and may establish a process for applying existing discounts or free entry to persons eligible for the discount or free entry to the wild pass. The commission may also adopt rules establishing a separate fee for a pass, including a separate fee for passes for nonresidents, residents who decline to pay the wild pass fee when registering the resident's motor vehicle, and residents who do not possess one of the motor vehicles listed above.

For each state fiscal year, the division of parks and wildlife in the department of natural resources (division) will use the wild pass fees collected to achieve stated goals such as providing affordable access to state parks and public lands; managing state parks; supporting search and rescue and avalanche safety efforts; conserving vulnerable species and habitats; funding equity, diversity, and inclusion programs; and financing regional outdoor partnerships for community-driven planning and projects.

The division is required to:

• Develop language to notify motor vehicle registrants of their option to decline to pay the wild pass fee, which notice must be conspicuously placed on registration documents and on the division's and the division of motor vehicle's websites; and
• Implement a public outreach campaign to educate the public about the availability of the wild pass through the motor vehicle registration process and about access to state parks and public lands that the wild pass will provide.

Section 2 requires, on or before March 1, 2025, and on or before March 1, 2030, the division to make a presentation regarding its most recent annual written report on the number of wild passes sold in the previous 12 months, an accounting of the expenditures made with the increased revenue generated from sales of the wild pass, and a summary of the effect that those increased expenditures have had on the achievement of the stated goals to a joint session of the legislative committees with jurisdiction over agriculture matters. The division is required to send the annual reports to the legislative committees with jurisdiction over natural resources and to make the reports available to the public.

Section 3 repeals limitations on the amount that the commission may increase fees for daily and annual park passes purchased by individuals who do not purchase the discounted wild pass.

Section 4 authorizes the division to enter into cooperative agreements with other land management agencies and requires the division to develop a program for seeking, accepting, and expending gifts, grants, or donations.

Section 5 establishes that a person's decision to decline to pay for the wild pass fee does not affect the person's ability to register a motor vehicle.

Sections 6 through 8 make technical changes.

Land Use & Natural Resources

Monitor

The bill amends various laws related to the conduct of elections, including provisions related to:

• Procedures for registering to vote and for automatic voter registration through voter registration agencies;
• Requirements related to political party organization, including requirements for precinct caucuses, county assemblies, and vacancy committees;
• Ballot access for candidates, including repealing the ability of an unaffiliated candidate for president of the United States to be nominated by paying a fee;
• Requirements for voter service and polling centers, voting in person, and emergency voting;
• Procedures for challenges to a person's right to vote;
• Procedures and requirements for circulating recall petitions and the conduct of recall elections, including municipal and local government recall elections;
• Prohibitions on electioneering in and within 100 feet of a polling place; and
• Requirements for filing initiative petitions.

General Government

Monitor

Bill was amended to address county clerk concerns. 

The bill establishes the community revitalization grant program (grant program) in the division of creative industries (division) in the office of economic development (office). The grant program is established to provide money awards to finance various projects across the state that are intended to create or revitalize mixed-use commercial centers. The grant program is intended to support creative projects in these commercial centers that would combine revitalized or newly constructed commercial spaces with public or community spaces including but not limited to certain projects specified in the bill. In allocating grant money under the grant program, preference will be given to certain projects based on prioritization factors enumerated in the bill. All grants awarded under this section must be encumbered no later than December 31, 2022.

The division will administer the grant program in consultation with the division of local government (DLG) in the department of local affairs. The division may contract out part of its administrative duties under the grant program to a third-party administrative entity.

In connection with the administration of the grant program, the division and DLG are required to collaborate in creating a process that ensures that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients. The division and DLG are also required to collaborate on the review of grant applications and the approval of grant awards. In connection with the review of grant applications and awards, the division must solicit input from a stakeholder group that includes representation from various groups and entities as specified in the bill.

On or before September 1, 2021, the director of the division, in consultation with the director of the DLG or their designees, are required to adopt polices, procedures, and guidelines for the grant program that include without limitation:

• Procedures and timelines by which an eligible recipient may apply for a grant;
• Criteria for determining grant eligibility and grant amounts; and
• Reporting requirements for grant recipients.

The bill specifies the types of projects meriting preference in the awarding of grants.

The bill creates the community revitalization fund (fund) in the state treasury. On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $65 million from the general fund to the fund. All money transferred is to be used for either grant awards or the costs of administering the grant program.

On or before November 1, 2022, and on or before November 1, 2023, the division is required to publish a report summarizing the use of all of the money that was awarded as grants under the grant program in the preceding fiscal year. The bill specifies additional required components of the report. The report must be posted on the website of the office. The bill requires the office to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.

Tourism Resorts & Economic Development

Support

The bill declares that the regulation of firearms is a matter of state and local concern. Existing law prohibits a local government from enacting an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm. The bill permits a local government 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 that is not less restrictive than state laws governing the sale, purchase, transfer, or possession of the firearm, ammunition, or firearm component or accessory.

Existing law prohibits a local government from enacting an ordinance or resolution that conflicts with state law regarding concealed carry of handguns. The bill permits a local government, including a special district, and 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.

Justice & Public Safety

Oppose

The bill allows an owner of special mobile machinery who regularly rents or leases the special mobile machinery and who pays specific ownership tax on a monthly basis in an amount equal to 2% of the rental or lease payments for the special mobile machinery to apply to the department of revenue for a registration exempt certificate. The department shall issue the certificate if:

• The department verifies that the owner regularly has 1,000 or more items of such special mobile machinery in the state;
• Each item of such special mobile machinery is clearly marked or painted in a manner that identifies it as being owned by the owner;
• Each item of such special mobile machinery bears a visible and readily identifiable unique identification number assigned by the owner; and
• Each item of such special mobile machinery bears a visible toll-free telephone number for the owner that can be used for verification of ownership.

The owner of any item of special mobile machinery that is covered by a registration exempt certificate is required to pay, at the time during each calendar year in which specific ownership tax is first paid for the item, all fees and surcharges that would otherwise be paid at the time of registration; except that the owner is not required to pay any fee imposed for the purpose of covering the direct costs of license plates, decals, or validating tabs or the direct costs incurred by an authorized agent of the department of revenue in registering or issuing license plates, decals, or validating tabs for the item.

Taxation & Finance

Monitor

The bill allows the forest service to issue forest restoration and wildfire risk mitigation grants for projects on federal lands, so long as the project maintains continuity across a landscape including federal lands and the area of federal lands does not exceed the combined area of the nonfederal lands involved in the project.

The bill increases the amount that the forest service may use for the direct and indirect costs in administering the forest restoration and wildfire risk mitigation grant program from 3% to 7% of any amounts appropriated in any fiscal year.

The bill allows for the technical advisory panel that evaluates the proposals for forest restoration and wildfire risk mitigation grants to scale up and down in size.

The bill expands the allowable uses of the forest restoration and wildfire risk mitigation grant program by allowing the grant program to fund capacity-building efforts to provide local governments, community groups, and collaborative forestry groups with the resources and staffing necessary to plan and implement forest restoration and wildfire risk mitigation projects, including community and partner outreach and engagement, identifying priority project areas, prescription planning, and acquiring community equipment for use by landowners.

The bill allows for the forest service to hire nontemporary additional field capacity to support the implementation and monitoring of fuels mitigation grant awards and wildfire risk mitigation program grant awards and to hire full-time, nontemporary staff for developing, revising, and implementing community wildfire protection plans and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass.

The bill also creates 2 funds. First, the bill creates the wildfire mitigation capacity development fund. Money from the wildfire mitigation capacity development fund is continuously appropriated to the department of natural resources to support a number of wildfire related areas administered by the department. Second, the bill creates the hazard mitigation fund to assist local jurisdictions in obtaining the matching funds required for certain federal hazard mitigation grants.

Finally, the bill requires the following transfers:

• $5 million from the general fund to the healthy forests and vibrant communities fund;
• $2.5 million from the general fund to the wildfire risk mitigation revolving fund for loans issued by the wildfire risk mitigation loan program;
• $17.5 million from the general fund to the wildfire mitigation capacity development fund;
• $3 million from the wildfire preparedness fund to the hazard mitigation fund; and
• $600,000 from the wildfire preparedness fund and $1.2 million from the Colorado firefighting air corps fund to the wildfire emergency response fund.

Land Use & Natural Resources

Support

CCI verified that local governments will have a seat at the table in spending the funding in the bill. The bill explicitly acknowledges that local governments play a vital role in identifying, preparing, and implementing wildfire mitigation actions and projects. Additionally, the bill explicitly directs DNR to hire staff that will consult with local governments to identify and implement mitigation projects.

The bill creates new sources of dedicated funding and new state enterprises to enable the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system by preserving, improving, and expanding existing transportation infrastructure, developing the modern infrastructure needed to support the widespread adoption of electric motor vehicles, and mitigating adverse environmental and health impacts of transportation system use as follows:

• Section 6 of the bill creates the community access enterprise within the Colorado energy office (CEO) for the purpose of supporting the widespread and equitable adoption of electric motor vehicles and electric alternatives to motor vehicles in an equitable manner. The community access enterprise is authorized to impose a community access retail delivery fee to fund its business purpose. The governance and powers and duties of the community access enterprise are specified.
• Section 7 makes various general fund transfers to the state highway fund, the highway users tax fund (HUTF), and the multimodal transportation and mitigation options fund, including limited contingent transfers of a portion of any additional general fund revenue made available due to the restoration of the excess state revenues cap (Referendum C cap) by Section 8.
• Section 8 restores the Referendum C cap, which the general assembly reduced in 2017, to its maximum voter-approved level.
• Section 11 creates the clean fleet enterprise within the department of public health and environment (CDPHE) for the purpose of incentivizing and supporting the use of electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets. The clean fleet enterprise is authorized to impose a clean fleet retail delivery fee to be paid by the purchaser of tangible personal property delivered to the purchaser by motor vehicle and a clean fleet per ride fee to be paid by a transportation network company (TNC) on each ride offered and accepted by the TNC to fund the clean fleet enterprise's business purpose. The governance and powers and duties of the clean fleet enterprise are specified.
• Section 25 requires the department of revenue (DOR) to collect the per ride fees imposed by the clean fleet enterprise and the nonattainment area air pollution mitigation enterprise as authorized by sections 11 and 51. Both fees are first imposed for rides offered and accepted in state fiscal year (FY) 2022-23 and are annually adjusted for consumer price index (CPI) inflation thereafter.
• Section 26 indexes the existing $50 registration fee imposed on electric motor vehicles to national highway construction cost index (NHCCI) inflation and imposes additional electric motor vehicle road usage equalization fees on battery electric motor vehicles at a specified level and on plug-in hybrid electric motor vehicles at a lower level, with both additional fees being phased in on a set schedule from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation. Section 26 also imposes a commercial electric motor vehicle fee. The increase and new fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities; except that 40% of the revenue generated by inflation indexing of the existing $50 registration fee is credited to the electric vehicle grant fund and 30% of the revenue generated by the commercial electric motor vehicle fee is credited to the state highway fund for freight-related projects. In 2026, specified executive agencies must jointly review the fees and make recommendations to the transportation legislation review committee of the general assembly as to whether the fees should be adjusted to ensure continued equalization of the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines.
• Section 34 imposes road usage fees on gasoline and diesel purchases that are phased in from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation, with the road usage fees also being adjusted beginning in state FY 2032-33 in a manner calculated to generate the same amount of additional revenue as would be generated by indexing the existing state excise taxes imposed on gasoline and diesel to construction cost inflation. The fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities.
• Section 34 also imposes a retail delivery fee on retail deliveries by motor vehicle that include tangible personal property subject to the state sales tax, requires the fee to be collected from the purchaser by the retailer, and requires simultaneous collection of community access, clean fleet, bridge and tunnel, clean transit, and air pollution mitigation retail delivery fees imposed, respectively, by the community access, clean fleet, statewide bridge and tunnel, clean transit, and nonattainment area air pollution mitigation enterprises. The fees are first collected in state FY 2022-23 and are annually adjusted for CPI inflation thereafter. Retail delivery fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities and to the multimodal transportation and mitigation options fund and each enterprise's retail delivery fee revenue is collected by DOR on behalf of and credited to the cash fund controlled by the enterprise.
• Sections 44, 45, and 47 change the name of the statewide bridge enterprise to the statewide bridge and tunnel enterprise, authorize the enterprise to complete tunnel projects, and authorize the enterprise to impose a bridge and tunnel impact fee on diesel fuel and a bridge and tunnel retail delivery fee to fund its business purpose. The bridge and tunnel impact fee is phased in from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation.
• Section 46 indexes the existing $2 short-term daily vehicle rental fee to CPI inflation and, on or after July 1, 2022, requires a car sharing program to collect the daily vehicle rental fee for any short-term vehicle rental of 24 hours or longer that is enabled by the car sharing program.
• Sections 48 through 50 change the name of the multimodal transportation options fund to the multimodal transportation and mitigation options fund and make greenhouse gas mitigation projects eligible for funding from the fund.
• Section 51 creates the clean transit enterprise within the department of transportation (CDOT) for the purpose of supporting clean public transit through electrification planning efforts, facility upgrades, fleet motor vehicle replacement, and construction and development of associated electric motor vehicle charging and fueling infrastructure. The clean transit enterprise is authorized to impose a clean transit retail delivery fee of up to a specified amount to fund its business purpose. The governance and powers and duties of the clean transit enterprise are specified. Section 51 also creates the nonattainment area air pollution mitigation enterprise for the purpose of mitigating transportation-related emissions in ozone nonattainment areas. The nonattainment area air pollution mitigation enterprise is authorized to impose air pollution mitigation per ride and retail delivery fees to fund its business purpose.

Section 1 makes legislative findings and declarations that explain the purpose of the bill and the reasons why it includes the new sources of dedicated funding and new state enterprises that it does. Section 2 clarifies that an existing fee may be used to fund the functions of the freight mobility and safety branch created in section 27. Sections 3 and 4 respectively clarify that the clean fleet enterprise operates as a type 1 agency within CDPHE and that the clean transit enterprise and the nonattainment area air pollution mitigation enterprise operate as type 1 agencies within CDOT.  Section 5 requires the CEO and CDPHE, after consultation with CDOT, to jointly and annually prepare a report for specified legislative committees that details the progress made toward the electric motor vehicle adoption goals set forth in the "Colorado Electric Vehicle Plan 2020" and the transportation sector greenhouse gas pollution reduction goals set forth in the "Colorado Greenhouse Gas Pollution Reduction Roadmap". Section 5 also specifies a methodology to be used by the CEO, CDOT, and CDPHE to estimate the social costs of greenhouse gas pollution.Sections 9, 33, 43, and 52 effectuate the repeal of the requirement that a ballot question seeking approval for the issuance of transportation revenue anticipation notes be submitted to the voters of the state at the November 2021 statewide election.  Section 10 requires CDOT to comply with specified transparency and contractor short-listing requirements when using the integrated project delivery method of contract procurement for a public project that involves infrastructure that is part of the state highway system . Section 14 clarifies that sales and use tax is not levied on the retail delivery fees imposed by or as authorized by the bill. Sections 16 through 21 provide legal authority for collection under an existing multistate agreement of the motor fuel road usage and bridge and tunnel impact fees imposed by or as authorized by the bill. Section 22 requires the staff of the public utilities commission to prepare an authorized taxi carrier parity report.  Section 27 requires the department of public health and environment to seek approval from the federal environmental protection agency to modify the state implementation plan to expand the exemption from emissions testing for new vehicles to 10 model years for internal combustion engine motor vehicles and 12 model years for plug-in hybrid electric motor vehicles and to implement any approved modifications within 12 months following the approval. Section 28 creates the freight mobility and safety branch in CDOT's transportation development division . Section 29 requires CDOT and metropolitan planning organizations to engage in an enhanced level of planning, analysis, community engagement, and monitoring with respect to transportation capacity projects and specifies what that entails and also requires CDOT to conduct a road usage charge study and an autonomous vehicle study. Section 30 allows some of the general fund money transferred to the state highway fund pursuant to section 7 to be used for multimodal transportation projects. Section 32 specifies the manner in which revenue credited to the HUTF as required by the bill is allocated and expended.Sections 35 through 42 authorize a transportation planning organization (TPO), subject to territorial restrictions and TPO member jurisdiction approval requirements, to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding for the purpose of financing, constructing, operating, and maintaining regional transportation systems.

Any additional transportation funding obtained by a TPO exercising the power of a RTA is intended to supplement and not supplant state and federal transportation funding allocated within the boundaries of the TPO. Therefore, the transportation commission and CDOT are prohibited from taking such additional transportation funding into account when determining the amount of state and federal transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state and federal transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.

Section 45 reduces the amount of each road safety surcharge imposed on motor vehicle by $11.10 for registration periods beginning on or after January 1, 2022, but before January 1, 2023, and by $5.55 for registration periods beginning on or after January 1, 2023, but before January 1, 2024.

Transportation & Telecommunications

Monitor

The bill makes various changes to statutory provisions to promote transparency for special districts. Specifically:

• Under current law, the designated election official is required to provide notice by publication of a call for nominations for a regular local government election. Section 1 of the bill eliminates the requirement that notice be made exclusively by publication and allows the notice to be made by any 2 of 5 means, including publication, specified in the bill.
• Section 2 exempts inactive special districts from new requirements under the bill concerning maintenance of a district's website and a district's annual report;
• Section 3 requires a metropolitan district, by a certain date, to establish, maintain, and annually update an official website in a form that is readily accessible to the public that contains information that is specified in the bill;
• Section 4 adds to existing statutory requirements regarding the annual report to be filed by a special district and, among other things, supplements the type of information to be included in the annual report;
• In the case of any contracts or agreements entered into by the special district with a person or private entity for the person or private entity's advance of funds on behalf or for the benefit of the special district for the design or construction of public improvements that is anticipated to result in a future reimbursement of the person or private entity by the special district for the costs associated with the design or construction, section 5 requires that, prior to payment or reimbursement of the advance of funds by the special district, a professional engineer registered in the state of Colorado prepares a written certification attesting to various statements enumerated in the bill;
• Section 6 prohibits a metropolitan district from exercising its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area; and
• Section 7 requires, on and after January 1, 2022, each owner of real property that sells real property that includes a newly constructed residence that is located within a metropolitan district, concurrently with or prior to the execution of a contract to sell the property, to provide to the purchaser of the property certain information or statements specified in the bill relating to the finances of the metropolitan district, including information about the debt obligations of the district and an estimate of property taxes applicable to the property at the time of the sale.

General Government

Support

The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022.

The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless:

• Custodial arrest is statutorily required;
• The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of 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; or
• The officer is unable to sufficiently verify the individual's identity absent a 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 a 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 failed to appear when a witness was subpoenaed or a civilian witness was on call;
• The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or
• The defendant has failed to appear 2 or more times in the case.

The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless:

• The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence;
• The defendant has already had probation revoked for failure to comply in the case; or
• The court finds the defendant is likely to flee prosecution.

The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction.

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.

Justice & Public Safety

Oppose unless Amended

The bill requires county departments
of human or social services to apply for the children's habilitation
residential program (CHRP) waiver for children with intellectual and
developmental disabilities who are referred for placement in the program
and show proof of enrollment or denial of eligibility to the department of human services when they apply for placement in CHRP. The bill does
not guarantee a placement if the child is enrolled in CHRP.

Health & Human Services

Support

The bill requires the state department
of human services (state department), beginning in state fiscal year
2024-25, to use the child welfare allocations funding model (funding
model) to determine the capped and targeted allocations for child welfare
services and the funding required for adoption and relative guardianship subsidies, the independent living program, additional county child welfare
staff, and family and children's programs.

The funding model determines the appropriate level of funding
required to fully meet all state and federal requirements concerning the
comprehensive delivery of child welfare services. The bill clarifies what
must be included in the funding model and requires the state department
and the child welfare allocations committee to annually submit a report
on the funding model to the joint budget committee.

The department is required to enter into a 3-year agreement with
an outside entity to annually modify the funding model based on
recommendations from the child welfare allocations committee and
evaluations and deliver the results of the model each year. The bill
requires a child welfare workload study to inform the funding model. To
maintain the integrity of the data used in the funding model, the child
welfare allocations committee shall annually examine county practices
regarding data collection and financial management, an evaluation group
annually evaluates the funding model, and, every 3 years, an outside
evaluating entity conducts a comprehensive evaluation of the
implementation of the funding model.

Health & Human Services

Support

The bill makes several changes to the current child welfare system, including:

• Ensuring that out-of-home placements in the division of youth services align with the requirements of the federal "Family First Prevention Services Act" to qualify for Title IV-E reimbursement for such placements;
• Ensuring appropriate capacity for out-of-home placements
  in Colorado;
• Authorizing a county to negotiate rates above the base anchor rates established by the state department with licensed out-of-home placement providers serving children in higher acuity cases;
• Requiring the department of human services (department) to contract with a vendor to update the existing actuarial analysis to include division of youth services out-of-home placement providers and new out-of-home placement provider options under federal law, and to update and fully implement the existing rate methodology with the updated provider rates by September 30, 2021;
• Commencing with the 2022-23 fiscal year, requiring the department to contract with an independent vendor every 3 years to conduct a new actuarial analysis of all provider rates for licensed out-of-home placement providers, including the division of youth services providers, to update the rate-setting methodology to reflect the new actuarial analysis, and to implement any adjusted provider rates by July 1, 2024, and by July 1 of each fiscal year immediately following the fiscal year in which a new actuarial analysis results in adjusted rates; and
• Requiring the use of a portion of the federal "Family First Transition and Support Act" funding to be used to support the transition of current providers to a placement option that meets the needs of the child or youth and maximizes federal Title IV-E and medicaid reimbursements.

The bill appropriates $250,000 to the department for use by the
child welfare division for provider rate actuarial services.

Health & Human Services

Monitor

The bill allows a board of county commissioners or a city council of a city and county, upon approval of the county treasurer, to temporarily reduce, waive, or suspend delinquent interest payments for property tax payments for any period of time between June 16, 2021, and September 30, 2021.

The bill also requires a board of county commissioners or city council to notify local taxing jurisdictions of the intent to reduce, waive, or suspend delinquent property tax interest payments. If a local taxing jurisdiction would be unable to meet its bond payment obligations after the proposed reduction, waiver, or suspension, the local taxing jurisdiction shall notify the board of county commissioners or city council.

If the local taxing jurisdiction submits a letter to the board of county commissioners of the county or city council of the city and county, the bill requires a treasurer, or other officer responsible for the collection of property taxes for a county or city and county, to advance property tax payments to local taxing jurisdictions to assist the local taxing jurisdictions in the payment of bonded indebtedness payments and monthly operation costs.

Taxation & Finance

Monitor

Section 1 of the bill repeals a moratorium on changing a ratio for valuation for assessment (assessment rate), which is the percentage applied to a property's actual value to determine the taxable amount upon which a mill levy is imposed. Section 2 classifies agricultural property, lodging property, and renewable energy production property as new subclasses of nonresidential property. The assessment rate for agricultural property and renewable energy production property is temporarily reduced from 29% to 26.4% for the next 2 property tax years. The law is restructured so that, if a proposed initiative to reduce the assessment rate for nonresidential property is approved by voters, then it would only apply to lodging property.Section 3 classifies multi-family residential real property as a new subclass of residential real property. The law is restructured so that, if a proposed initiative to reduce the residential assessment rate is approved by voters, then it would only apply to multi-family residential real property. If the initiative fails, then, under section 4 , the assessment rate for multi-family residential real property is temporarily reduced from 7.15% to 6.8% for the next 2 property tax years. The assessment rate for all residential real property other than multi-family property is temporarily reduced from 7.15% to 6.95% for the next 2 property tax years.Sections 5 through 8 expand the property tax deferral program to allow any person to defer the payment of the portion of real property taxes that exceed the tax-growth cap, which is an amount equal to the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead, increased by 4.6%. The total taxes that a taxpayer may defer under this authorization is $10,000, and the taxpayer is treated like a person called into military service for purposes of the equity the person must have in the homestead to qualify for deferral and surviving-spouse eligibility.

Taxation & Finance

Pending