2020 Legislative Session Bill Tracking Spreadsheet

Bill # Short TitleFiscal NoteSponsorsPositionCCI PositionBill SummaryMost Recent StatusStaff RecommendationComments
HB20-1001Nicotine Product Regulation 

Fiscal Note 

K. Mullica (D) | C. Larson (R) / J. Bridges (D) | K. Priola (R)  Support Sections 1 through 8 of the act raise the minimum age of a person to whom cigarettes, tobacco products, and nicotine products (products) may be sold from 18 years of age to 21 years of age. A products retailer must card anyone seeking to purchase products who appears to be under 50 years of age at the time of purchase. Section 1 repeals criminal penalties against a minor for purchasing or attempting to purchase a product. Section 7 prohibits a retailer from permitting a person under 18 years of age to sell or participate in the sale of products. Section 8 also: Increases the minimum number of compliance checks required of each retail location at which the products are sold to 2 per year or at least the minimum number annually required by federal regulation, whichever number is greater; and Requires the executive director of the department of revenue (executive director) to adopt rules concerning enforcement of the laws governing the regulation of products, including rules: Regarding enforcement coordination between the division of liquor enforcement (division) in the department of revenue and local licensing authorities and regarding enforcement against products smuggling; Regarding fees, which must not exceed $400 per year, unless the executive director determines that statewide compliance with products regulation has dropped below 90%, at which time the executive director may, by rule, raise the maximum fee to $600; and Authorizing a single, large-operator license fee for retailers with more than 10 retail locations, which fee is not subject to the general maximum fee amount. Section 9 requires every retailer of the products in the state, on and after July 1, 2021, to obtain a license for each retail location owned. The division is charged with licensing retailers and coordinating with local authorities on retail location compliance checks and investigations of complaints about retailers. Section 10 prohibits: New retail locations at which products are sold from being located within 500 feet of a school unless a local licensing authority has approved a license application for the new retail location; Retail locations that sell electronic smoking device products from advertising those products in a manner that is visible from outside the retail location; and Delivery of products, other than cigars and pipe tobacco, directly to consumers unless the delivery is made by an owner or employee of a licensed retailer who is at least 21 years of age and, at the time of delivery, checks the identification of the individual receiving the delivery to determine that the individual is 21 years of age or older. Section 11 authorizes the division to seek injunctive relief against a person who violates the act and impose fines on or suspend or revoke the state license of a retailer found to have violated the act. Section 12 adjusts the fine amounts for violating the prohibition against selling products to minors from a maximum fine of $1,000 to $15,000 for a fifth or subsequent violation within 24 months to a maximum fine of $1,000 to $15,000 for a fourth or subsequent violation within 24 months. Additionally, the division must prohibit a retailer who commits a second or subsequent violation within 24 months from selling products at the retail location where the violation occurred for a specified period of time, starting with at least 7 days for a second violation within 24 months, to at least 30 days for a third violation within 24 months, and finally for up to 3 years for a fourth or subsequent violation within 24 months. Additionally, section 12 establishes fines ranging from $1,000 for a first violation to $3,000 for a third or subsequent violation within 24 months for the following violations: Advertising electronic smoking device products at a retail location where they are sold in a manner that is visible from outside the retail location; Delivering products without complying with the delivery requirements; and Selling or offering to sell products without a valid state license. If a person sells or offers to sell products without a valid state license at least 3 times within 24 months, the person is not eligible to apply for a state license for 3 years thereafter. Further, section 12 also applies the same fine structure that applies to selling products from a vending machine or failing to display the requisite warning to a violation of the prohibition against allowing a person under 18 years of age to sell or participate in the sale of products. For the 2019-20 state fiscal year, the act appropriates $45,414 to the department of revenue from the liquor enforcement division and state licensing authority cash fund (cash fund) for implementation of the act. For the 2020-21 state fiscal year, the act appropriates: $2,391,262 to the department of revenue from the cash fund for implementation of the act; $98,605 to the department of law from reappropriated funds received from the department of revenue for legal services for the department of revenue; and $69,450 to the department of personnel from reappropriated funds received from the department of revenue for vehicle replacement lease or purchase.(Note: This summary applies to this bill as enacted.)  7/14/2020 Governor Signed
Monitor  
HB20-1012Child Welfare Program Children Developmental Disabilities 

Fiscal Note 

M. Young (D) | L. Landgraf (R) / N. Todd (D) | B. Gardner (R)  Monitor The bill makes changes to a program (program) within the department of human services (department) for children and youth with intellectual and developmental disabilities or co-occurring disorders (children and youth). The scope of rules to be promulgated by the department for the program is expanded to include planning for services for children and youth who become 18 years of age while in the program; access to behavioral health services; wait list management; process for a child or youth who is at risk for out-of-home placement; and program evaluation. Current law only allows for a county department of human or social services to submit an application to the program for a child or youth. The bill extends this option to the parent or legal guardian of the child or youth, and extends all notification requirements related to the program to the parent or legal guardian as well. The bill updates reimbursement provisions so that if a child or youth is not in the custody of a county department of human or social services or the department, the department shall directly reimburse the licensed provider where the child or youth is placed. Beginning on or before September 1, 2020, the department is required to compile and make public an annual report on the program. (Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Monitor  
HB20-1017Substance Use Disorder Treatment In Criminal Justice System 

Fiscal Note 

L. Herod (D) | C. Kennedy (D) / K. Donovan (D) | K. Priola (R) Oppose Unless Amended Oppose Unless Amended Sections 1, 2, 3, and 4 of the act allow the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities (institutions) to make opioid agonists and opioid antagonists available to a person in custody with an opioid use disorder. The institutions are strongly encouraged to maintain the treatment of the person throughout the duration of the person's incarceration or commitment. Qualified medication administration personnel may administer opioid agonists and opioid antagonists. The facilities may contract with community-based health providers for the administration of opioid agonists and opioid antagonists. Section 5 of the act allows a person to dispose of any controlled substances at a safe station, if safe station personnel are available, and request assistance in gaining access to treatment for a substance use disorder. A "safe station" is defined as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station. Safe station personnel shall provide the person with information about the behavioral health crisis response system. Sections 6 and 7 of the act require the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release, which includes post-release resources and a list of available substance use providers. County jails are required to provide medicaid reenrollment paperwork to a person when the person enters the county jail and file the paperwork with the county department of health and human services upon releasing the person from the county jail's custody. Section 8 of the act requires the executive director of the department of corrections, in consultation with the offices of behavioral health and economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers to develop resources for inmates post-release that provide information to help prepare inmates for release and reintegration into their communities. Section 9 of the act requires a court, when reviewing a petition to seal criminal records, to consider favorably, when applicable, the fact that the petitioner has entered into or successfully completed a licensed substance use disorder treatment program, in determining whether to issue the order. Sections 10, 11, and 12 of the act allow the office of behavioral health (OBH) in the department of human services (CDHS) to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. OBH may require diversion programs to participate as a mobile crisis service. CDHS shall include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART Act presentation. (Note: This summary applies to this bill as enacted.)  7/13/2020 Governor Signed
Amend  
HB20-1019Prison Population Reduction And Management 

Fiscal Note 

L. Herod (D) / J. Gonzales (D) Monitor Support with Senate Amendments Under current law, the Centennial south campus of the Centennial correctional facility is only able to house inmates under limited circumstances. The act opens the facility for up to 650 close custody inmates. The act requires the executive director of the department of corrections (department), to develop and rely upon criteria for the protection of the health, safety, and financial interests of the state of Colorado related to housing out-of-state prisoners in private prisons in Colorado. The act gives the executive director the authority to rescind his or her approval for placement of out-of-state prisoners in a Colorado private prison. The act directs the division of local government (division) in the department of local affairs to contract with a nationally recognized research and consulting entity to study future prison bed needs in Colorado. While conducting the study, the entity shall solicit input from local communities and other interested parties or issue experts, including but not limited to public safety experts, victim's advocates, prosecutors, defense attorneys, and community reentry providers and shall convene an advisory committee with representatives from the areas that have a private prison to consult with the entity during the study. The division shall hold public hearings in the areas that have a private prison to allow public input on the study. The study must include: An analysis of the economic and other impacts that potential prison closure would have on local governments and the wider community and recommendations on strategies to diversify the local economy; A utilization analysis of all state and privately operated facilities and all other facilities that can be used for housing inmates; and An analysis of the feasibility of the department to obtain privately owned facilities or utilize unused state-owned buildings in Colorado. The division shall report the study to the judiciary committees of the senate and house of representatives during the committees' SMART Act hearings held during the 2021 session. The act adds to the list of achievements that allow an inmate to receive earned time showing exemplary leadership through mentoring, community service, and distinguished actions benefitting the health, safety, environment, and culture for staff and other inmates. Under current law, an offender is not entitled to an evidentiary hearing for resentencing when the offender is rejected for placement in a community corrections program. The act requires the sentencing court to provide the offender with a new sentencing hearing for any termination from a community corrections program. The act amends the escape statutes to exclude from the concepts of custody or confinement for purposes of escape: Direct sentences to, or transitioning from the department to, a community corrections program; Participating in a work release or home detention program; Intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility; Being housed in a staff-secure facility; or Placement in an intensive supervision parole program. The act creates a new crime of unauthorized absence if the person is serving a supervised sentence outside of a prison and: Leaves or fails to return to his or her residential or facility location without permission of the supervising agency and in violation of the terms and conditions of supervision; or Removes or tampers with an electronic monitoring device required by the supervising agency to be worn by the person in order to monitor his or her location without permission and with the intent to avoid arrest, prosecution, monitoring, or other legal processes. The act appropriates $250,000 from the general fund for the required study. The act makes adjustments to the appropriations to department of corrections for the operation of the Centennial south campus of the Centennial correctional facility. (Note: This summary applies to this bill as enacted.)  3/6/2020 Governor Signed
Monitor  
HB20-1026Create Twenty-third Judicial District 

Fiscal Note 

K. Van Winkle (R) | M. Weissman (D) / R. Fields (D) | B. Gardner (R) Support  Effective January 7, 2025, the act: Removes Douglas, Elbert, and Lincoln counties from the eighteenth judicial district; Creates a twenty-third judicial district comprised of those counties; Specifies the number of district court judges for that district; and Reduces the number of district court judges for the eighteenth judicial district. The act specifies that at the election in November of 2024: There will be an election for the district attorney for the eighteenth judicial district from the electors of Arapahoe county; There will be an election for the district attorney for the twenty-third judicial district from the electors of Douglas, Elbert, and Lincoln counties; and Any district court judge of the eighteenth judicial district who is eligible for retention may stand for retention election from the electors of the eighteenth judicial district. The act clarifies that a district judge of the current eighteenth judicial district who is not up for a retention election in 2024 continues to serve as a district court judge for the remainder of the judge's current term, but the judge serves in the judicial district in which the judge resides. For the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings from 2021 through 2025, the act directs the judicial department to consult with the counties of the eighteenth judicial district and report on its progress in making the system changes necessary to create the twenty-third judicial district, and for the SMART Act hearing in 2026, the act directs the judicial department to prepare a final report on how the creation of the new district went, including recommendations to the general assembly on how future changes to a judicial district might be made. (Note: This summary applies to this bill as enacted.)  3/20/2020 Governor Signed
Support  
HB20-1035Programs To Develop Housing Support Services 

Fiscal Note 

J. Singer (D) / R. Fields (D) Support Monitor and Seek Amendments  The Legislative Oversight Committee Concerning the Treatment of Persons With Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes and expands programs within the division of housing in the department of local affairs (division) to build the capacity of communities across the state to provide supportive housing services to individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system, including: Expanding statewide training and technical assistance to help communities develop and implement supportive housing programs for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The program must be targeted to communities that currently face barriers to accessing existing state and federal funding for supportive housing programs. Establishing a predevelopment grant program that provides funding to entities working to develop supportive housing interventions for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The grant money can be used to add new or additional staff capacity to allow the development and implementation of such programs. The division is required to prioritize applicants that will serve rural or frontier communities and to provide hands-on technical assistance to grant recipients. Establishing a supportive housing services and homelessness prevention grant program. Grant money can be used to cover the costs of providing supportive housing services that are currently not eligible for reimbursement through the state's medical assistance program. It can also be used to fund homelessness prevention projects for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The division is required to prioritize applicants that will serve rural or frontier communities and provide hands-on technical assistance to grant recipients. Developing a plan to increase participation in regional homeless data systems, support accurate data reporting, and assess housing-related needs. The program must work with regional continuums of care to evaluate how to increase participation in data systems in communities across the state, identify technical needs and associated costs for doing so, and work with communities and stakeholders to integrate or develop an integrated user interface for various data systems related to housing and supportive services. It must also enhance information about best practices and training materials available to communities across the state.(Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Support  
HB20-1052Privacy Protections For Human Services Workers 

Fiscal Note 

T. Carver (R) | J. Singer (D) / B. Gardner (R) | P. Lee (D) Support Support Under current law, it is unlawful for a person to make available on the internet personal information of a law enforcement official (official) or child abuse or neglect caseworker (caseworker), or the official's or caseworker's family if the dissemination of the personal information poses an imminent and serious threat to the official's or caseworker's safety or the safety of his or her family. The act replaces the definition of "caseworker" in statute with a new definition of "human services worker" to include state and county employees, including county attorneys and contractors who are engaged in duties relating to the following matters and who have contact with the public regarding these duties: Investigating allegations of child abuse or neglect pursuant to article 3 of title 19; Investigating allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26; Establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26; and Determining eligibility for or investigating fraud in public programs established in article 2 of title 26. "Human services worker" also includes employees of juvenile detention facilities who have contact with juveniles. (Note: This summary applies to this bill as enacted.)  3/24/2020 Governor Signed
Support  
HB20-1065Harm Reduction Substance Use Disorders 

Fiscal Note 

C. Kennedy (D) | L. Herod (D) / B. Pettersen (D) | K. Priola (R)   The act: Requires a carrier that provides coverage for opiate antagonists to reimburse a hospital if the hospital provides a covered person with an opiate antagonist upon discharge; Requires a pharmacist who dispenses a prescription for an opioid to notify the individual to whom the opioid is being dispensed about the availability of an opiate antagonist; Allows a pharmacist or pharmacy technician to sell a nonprescription syringe or needle to any person and exempts pharmacists and pharmacy technicians who sell nonprescription syringes or needles from the drug paraphernalia criminal statutes; Extends civil and criminal immunity for a person who acts in good faith to furnish or administer an opiate antagonist to an individual the person believes to be suffering an opiate-related drug overdose when the opiate antagonist was expired; and Allows a nonprofit organization to operate a clean syringe exchange program without local board of health approval and requires the nonprofit organization to annually report specified information to the department of public health and environment.(Note: This summary applies to this bill as enacted.)  7/13/2020 Governor Signed
Oppose  
HB20-1071Driving Instruction For Foster Children 

Fiscal Note 

M. Duran (D) | T. Exum (D) / K. Donovan (D) | D. Hisey (R)  Support  Transportation Legislation Review Committee. The bill creates the foster children's driver education grant program (program) in the state department of human services (state department) to reimburse county departments of human or social services (county departments) for costs paid to private driving schools for providing driving instruction to persons in the custody of the county department who are at least 15 years and less than 18 years of age. The state department shall administer the program and award grants to county departments. On or before December 1, 2020, the state board of human services (state board) shall promulgate rules for the administration of the program. On or before November 1, 2021, and on or before January 1 each year thereafter, each county department that receives a grant through the program shall submit a report to the state department. At a minimum, the report must include the information required by rules promulgated by the state board. On or before January 1, 2021, and on or before January 1 each year thereafter for the duration of the program, the state department shall submit a summarized report to the appropriate reference committees of the general assembly. At a minimum, the report must include the information submitted to the state department by county departments. The program is repealed, effective September 1, 2030. Before the repeal, the program is scheduled for a sunset review by the department of regulatory agencies. The bill states that the program does not create any liability on behalf of a county department for contracting with a private driving school to provide driving instruction or for an injury alleged to have occurred while a person in the custody of the state department receives driving instruction from a private driving school, the cost of which instruction may be reimbursed to the county department from the program. The bill states that a certified court order is sufficient to establish the legal name, identity, date of birth, lawful presence in the United States, or Colorado residency of a person who is in the custody of the state department, is at least 15 years and less than 18 years of age, and is applying for a driver's license. (Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Monitor  
HB20-1073County Commissioner Districts Gerrymandering 

Fiscal Note 

C. Kennedy (D) | C. Larson (R) Oppose Oppose The bill requires the creation of independent 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. The bill: Specifies that commissions are appointed both for counties that have any number of their county commissioners not elected by the voters of the whole county after each federal decennial census of the United States and when a county that has all of its commissioners elected by the voters of the whole county elects to have only some of its commissioners elected by the voters of the whole county; Specifies that the commissions consist of 7 members, 2 of whom must be registered with the state's largest political party, 2 of whom must be registered with the state's second largest political party, and 3 of whom must not be registered with any political party; Establishes the qualifications to serve on the commissions and the method by which commissioners are appointed; Authorizes the commissions to adopt rules and specifies how the commissions are staffed, how the commissions are funded, how the commissions are organized, and sets forth the ethical obligations of the commissioners; Requires the commissions to provide the opportunity for public involvement, including multiple hearings, the ability to propose maps, and to testify at commission hearings, and requires hearings to comply with state statutes regarding open meetings; Mandates that paid lobbying of the commissions be disclosed to the secretary of state by the lobbyist within 72 hours of when the lobbying occurred or when the payment for lobbying occurred, whichever is earlier; 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 members of or candidates for county commissioner or a 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 a majority of commissioners to approve a redistricting map and specifies the date by which a final map must be approved; Specifies that the nonpartisan 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 nonpartisan 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 nonpartisan 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 also repeals anachronistic county precinct size rules and allows county clerk and recorders to redraw precincts less often. (Note: This summary applies to this bill as introduced.)  5/28/2020 House Second Reading Laid Over to 12/31/2020 - No Amendments
Oppose  
HB20-1085Prevention Of Substance Use Disorders 

Fiscal Note 

C. Kennedy (D) | L. Herod (D) / F. Winter (D) | K. Priola (R)   The act requires a health benefit plan, beginning January 1, 2022, to provide coverage for nonpharmacological treatment as an alternative to opioids. The required coverage must include, at a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for nonpreventive services and without a prior authorization requirement, at least 6 physical therapy visits, 6 occupational therapy visits,6 chiropractic visits, and 6 acupuncture visits per year. The act requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2022, for at least one atypical opioid that is approved by the federal food and drug administration (FDA) for the treatment of acute or chronic pain at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization and to not require step therapy for any additional FDA-approved atypical opioids. The act precludes a carrier that has a contract with a physical therapist, occupational therapist, or acupuncturist from: Prohibiting the physical therapist, occupational therapist, or acupuncturist from, or penalizing the physical therapist, occupational therapist, or acupuncturist for, providing a covered person information on the amount of the covered person's financial responsibility for the covered person's physical therapy, occupational therapy, or acupuncture services; or Requiring the physical therapist, occupational therapist, or acupuncturist to charge or collect a copayment from a covered person that exceeds the total charges submitted by the physical therapist, occupational therapist, or acupuncturist. The commissioner of insurance is required to take action against a carrier that the commissioner determines is not complying with these prohibitions. The act requires the executive director of the department of regulatory agencies to promulgate rules that limit the supply of a benzodiazepine that a prescriber may prescribe to patient who has not had a prescription for benzodiazepine in the last 12 months. Current law limits an opioid prescriber from prescribing more than a 7-day supply of an opioid to a patient who has not had an opioid prescription within the previous 12 months unless certain conditions apply, and this prescribing limitation is set to repeal on September 1, 2021. The act continues the prescribing limitation indefinitely. The act requires the Colorado medical board (board) to consult with the center for research into substance use disorder prevention, treatment, and recovery support strategies to promulgate rules establishing competency-based continuing education requirements for physicians and physician assistants concerning prescribing practices for opioids. With regard to the prescription drug monitoring program (program), the act: Modifies requirements for adding prescription information to the program; (program) Prohibits the state board of pharmacy from charging practitioners or pharmacists a fee for registering or maintaining an account with the program; Continues indefinitely the requirement that a health care provider query the program before prescribing a second fill for an opioid; Requires each health care provider to query the program before prescribing a second fill for a benzodiazepine, unless certain exceptions apply; Requires the board to promulgate rules designating additional controlled substances and other prescription drugs to be tracked by the program; and In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, allows medical examiners and coroners to query the program when conducting a death investigation. The act appropriates $18,540 from the division of professions and occupations cash fund to the department of regulatory agencies to implement the act, with $2,550 allocated to the Colorado medical board and $15,990 reappropriated to the department of law to provide legal services to the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Vetoed
Support  
HB20-1093County Authority License And Regulate Business 

Fiscal Note 

J. McCluskie (D) | J. Wilson (R) / K. Donovan (D) | B. Rankin (R)  Support The act grants a board of county commissioners the authority to license and regulate an owner or owner's agent who rents or advertises the owner's lodging unit for a short-term stay, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. (Note: This summary applies to this bill as enacted.)  3/23/2020 Governor Signed
Monitor  
HB20-1095Local Governments Water Elements In Master Plans 

Fiscal Note 

J. Arndt (D) / J. Bridges (D) | C. Hansen (D)  Oppose The act specifies that a local government master plan that contains a water supply element must include water conservation policies, to be determined by the local government, which may include goals specified in the state water plan and policies that require implementation of water conservation and other state water plan goals as a condition of development approvals. The act authorizes the department of local affairs to hire and employ a full-time employee to provide educational resources and assistance to local governments that include water conservation policies in their master plans. $26,215 is appropriated from the general fund to the department of local affairs for use by the division of local government to implement the act, which amount is allocated as follows: $24,066 for personal services, including an additional 0.5 FTE; and $2,149 for operating expenses.(Note: This summary applies to this bill as enacted.)  3/24/2020 Governor Signed
Amend  
HB20-1100Pass-through Child Support Payments 

Fiscal Note 

M. Froelich (D) / L. Crowder (R) Support Support - Continue to Work for Full Reimbursement The act allows the department of human services to promulgate rules to make any necessary changes to the relevant human services automated systems to ensure child support payments are not passed through to temporary assistance for needy families (TANF) recipients if the general assembly does not appropriate an amount of money that is at least 90% of the total county share of collections passed through to the custodial party after the full federal share is paid. The act also creates the child support collection fund. (Note: This summary applies to this bill as enacted.)  3/24/2020 Governor Signed
  
HB20-1104Court Procedures Relinquishment Parental Rights 

Fiscal Note 

K. Ransom (R) | J. Buckner (D) / L. Crowder (R) Monitor  Current law allows for the reinstatement of parental rights that were terminated if certain conditions are met and the child has not been adopted. The act expands that to allow for reinstatement of parental rights in cases where a parent voluntarily relinquished parental rights and the same conditions are met. The act clarifies the court procedures to be followed if a respondent parent with a pending dependency and neglect case seeks to voluntarily relinquish parental rights. (Note: This summary applies to this bill as enacted.)  3/20/2020 Governor Signed
Monitor  
HB20-1122Homeless Youth Services Act And Grant Program 

Fiscal Note 

E. Hooton (D) | C. Larson (R) / N. Todd (D) | D. Hisey (R)   The bill updates language in the "Colorado Homeless Youth Services Act" and establishes the services for youth experiencing or at risk of experiencing homelessness grant program (grant program) in the department of local affairs (department). The age requirement for such youth is increased to 24 years of age or younger from more than 11 years of age to less than 21 years of age. The department shall promulgate rules concerning the grant program, and the office of homeless youth services shall administer and monitor the grant program. The grant program consists of up to 5 awards of up to $250,000 each awarded on or before January 1, 2021. Grant awards may only be awarded to existing providers of services to youth experiencing or at risk of experiencing homelessness, with priority given to those service providers that can expand services to underserved areas of the state, including street and community outreach, drop-in centers, emergency shelters, and supportive housing and transitional living programs. The bill requires the department to prepare and submit a report to the appropriate committees of the general assembly on the outcomes of the grant program. (Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
  
HB20-1124Disaster Emergency Transfers From County General Funds 

Fiscal Note 

H. McKean (R) | M. Snyder (D) / B. Gardner (R)  Support Current law allows a board of county commissioners to transfer money from the county general fund to the county road and bridge fund if the governor declares a disaster emergency in the applicable county. The transfers are allowed for 8 years following the date of the governor's declaration of a disaster in the county. The act clarifies that the 8 years begins the day after the date of the governor's final declaration of an emergency for the disaster, including all extensions to the declaration. (Note: This summary applies to this bill as enacted.)  3/24/2020 Governor Signed
Monitor  
HB20-1133Land Use Entitlements And Municipal Disconnection 

Fiscal Note 

T. Kraft-Tharp (D) | H. McKean (R) / J. Tate (R)  Support Under the act, no later than the effective date of the disconnection of a particular tract of land from a municipality, any vested property rights affecting the land that have been established by law prior to the date that are possessed by the owner of the tract are expired or relinquished. The act makes any tract of land that has been disconnected from a municipality, whether by means of an ordinance or a court decree, subject to the applicable county's zoning resolution and map and other land development regulations within 90 days after the effective date of the disconnection. The act specifies that any provision of the county's zoning resolution, zoning map, or zoning plan automatically applying a uniform zoning classification to all land that may be disconnected in the future is void and of no effect as to any particular tract of land. The county may institute the procedure specified in the Colorado Revised Statutes in its zoning resolution or zoning plan, or in its other land development regulations to allow the particular tract of land to obtain the necessary land entitlements at any time after the county receives the notice from the municipality regarding enactment of an ordinance disconnecting the tract from the municipality; except that the act prohibits any such zoning resolution, zoning plan, or other land development action from being enacted and made effective until the tract of land has been disconnected from the municipality. During the 90-day period, or such lesser time as is required to satisfy such requirement, the county may elect not to issue any building or occupancy permit for all or any portion of the land area that is the subject of the disconnection application. The act permits a county to commence the procedure specified in its own subdivision regulations to subdivide the tract of land that is the subject of the disconnection application at any time after the disconnection has been completed and the ordinance has been filed with the county clerk and recorder; except that the act prohibits the county from making a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted. In connection with the disconnection process by court decree for statutory cities and statutory towns, respectively, the act requires any disconnected land to be made subject to the applicable county's zoning resolution and map and other land development regulations within 90 days after the effective date of the disconnection. (Note: This summary applies to this bill as enacted.)  4/1/2020 Governor Signed
  
HB20-1138Public Real Property Index 

Fiscal Note 

J. Coleman (D) | C. Larson (R) / J. Bridges (D) | B. Gardner (R)  Oppose Not later than December 31, 2020, the bill requires each state agency, state institution of higher education, and political subdivision of the state to submit to the office of the state architect (office) a list of all usable real property owned by or under the control of the agency, institution, or political subdivision of the state. This list must include, if applicable: The address where the real property is located; The size of the real property; How the real property is zoned; Contact information for the state agency, institution, or political subdivision of the state that owns or controls the real property; The plan, if one is available, for the use, development, or sale of the real property; and A description that includes the condition of the real property and a measurement of total area of the real property that is vacant, unused, or underdeveloped. Not later than December 31 of each subsequent year, each state agency, state institution, and political subdivision of the state must submit to the office any updates to the information the agency, institution, or political subdivision of the state originally submitted to the office about the usable real property the agency, institution, or political subdivision of the state owns or controls. Beginning July 1, 2021, whenever any state agency, state institution of higher education, or political subdivision of the state plans to offer any usable real property for sale, or otherwise plans to solicit any offer to purchase real property, the agency, institution, or political subdivision of the state shall notify the office. Not later than July 1, 2021, the office must establish and maintain a current database that includes the information listed above. This database must be available free of charge to the public on the office's website. (Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Monitor  
HB20-1143Environmental Justice And Projects Increase Environmental Fines 

Fiscal Note 

D. Jackson (D) | S. Gonzales-Gutierrez (D) / F. Winter (D) Monitor  Current state law sets the maximum civil fine for most air quality violations at $15,000 per day and most water quality violations at $10,000 per day, but federal law allows the federal environmental protection agency to assess higher maximum daily fines per violation. Sections 1 and 2 of the act raise the maximum fine to $47,357 per day for air quality violations and $54,833 per day for water quality violations and direct the air quality control commission and the water quality control commission in the department of public health and environment to annually adjust the maximum fine based on changes in the consumer price index. Section 2 also extends the repeal date for the water quality improvement fund to September 1, 2025. Current law specifies that a person who commits criminal pollution of state waters that is committed: With criminal negligence or recklessly is subject to a maximum daily fine of $12,500; and Knowingly or intentionally is subject to a maximum daily fine of $25,000. Section 3 makes a: Criminally negligent or reckless violation a misdemeanor and increases the maximum daily penalty to $25,000, imprisonment of up to 364 days, or both; and Knowing or intentional violation a class 5 felony and increases the maximum daily penalty to $50,000, imprisonment of up to 3 years, or both. Current law specifies that a person who knowingly makes any false representation in a required record or who knowingly renders inaccurate any required water quality monitoring device or method is guilty of a misdemeanor and is subject to a fine of not more than $10,000, imprisonment in the county jail for not more than 6 months, or both. Section 4 makes these violations a class 5 felony and specifies that if 2 separate offenses occur in 2 separate occurrences during a period of 2 years, the maximum fine and term of imprisonment for the second offense are double the default amounts. (Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Signed
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HB20-1151Expand Authority For Regional Transportation Improvements 

Fiscal Note 

M. Gray (D) / F. Winter (D)  Oppose The bill authorizes a transportation planning organization (TPO) 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. Any additional transportation funding obtained by a TPO exercising the power of a RTA are intended to supplement and not supplant state transportation funding allocated within the boundaries. Therefore, the transportation commission and the department of transportation (CDOT) are prohibited from taking such additional transportation funding into account when determining the amount of state 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 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.(Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
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HB20-1154Workers' Compensation 

Fiscal Note 

T. Kraft-Tharp (D) | K. Van Winkle (R) / V. Marble (R) | J. Bridges (D)   The bill: Clarifies when payments for benefits and penalties payable to an injured worker are deemed paid ( section 1 ); Adds guardian 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 2 ); Requires a claimant for 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 of 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 2 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 3 ); 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 evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 4 ); Adds the conditions that, in order 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 serve a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; the authorized treating physician must examine the employee at least 20 months after the date of the injury and determine that the employee has reached MMI; the authorized treating physician must be served with a written report indicating MMI; and the authorized treating physician has responded that the employee has not reached MMI or has failed to respond within 15 days after service of the report ( section 5 ); 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 6 ); Prohibits an employer or insurer from withdrawing an admission of liability 2 years after 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 2021 ( section 11 ); and Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ).(Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
  
HB20-1160Drug Price Transparency Insurance Premium Reductions 

Fiscal Note 

D. Jackson (D) | D. Roberts (D) / J. Ginal (D) | K. Donovan (D)    Section 1 of the bill enacts the "Colorado Prescription Drug Price TransparencyAct of 2020", which requires: Health insurers, starting in 2021, to submit to the commissioner of insurance (commissioner) information regarding prescription drugs covered under their health insurance plans that the health insurers paid for in the preceding calendar year, including information about rebates received from prescription drug manufacturers, a certification regarding how rebates were accounted for in insurance premiums, and a list of all pharmacy benefit management firms (PBMs) with whom they contract; Prescription drug manufacturers to notify the commissioner, state purchasers, health insurers, PBMs, pharmacies, and hospitals when the manufacturer, on or after January 1, 2021, increases the price of certain prescription drugs by more than specified amounts or introduces a new specialty drug in the commercial market; Prescription drug manufacturers, within 15 days after the end of each calendar quarter that starts on or after January 1, 2021, to provide specified information to the commissioner regarding the drugs about which the manufacturer notified purchasers; Health insurers or, if applicable, PBMs to annually report specified information to the commissioner regarding rebates and administrative fees received from manufacturers for prescription drugs they paid for in the prior calendar year and the average wholesale price paid for prescription drugs by individuals, small employers, and large employers enrolled in health plans issued by the health insurer or that contain prescription drug benefits managed or administered by the PBM; and Certain nonprofit organizations to compile and submit to the commissioner an annual report indicating the amount of each payment, donation, subsidy, or thing of value received by the nonprofit organization or its officers, employees, or board members from a prescription drug manufacturer, PBM, health insurer, or trade association and the percentage of the nonprofit organization's total gross income that is attributable to those payments, donations, subsidies, or things of value. The commissioner is required to post the information received from health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations on the division of insurance's website, excluding any information that the commissioner determines is proprietary. Additionally, the commissioner, or a disinterested third-party contractor, is to analyze the data reported by health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations and other relevant information to determine the effect of prescription drug costs on health insurance premiums. The commissioner is to publish a report each year, submit the report to the governor and specified legislative committees, and present the report during annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill. Health insurers that fail to report the required data are subject to a fine of up to $10,000 per day per report. Nonprofit organizations are subject to a fine of up to $10,000 for failure to comply with reporting requirements. Section 2 specifies that failing to ensure that a PBM that a health insurer uses to manage or administer its prescription drug benefits is complying with reporting requirements constitutes an unfair method of competition and an unfair or deceptive act or practice in the business of insurance. Section 3 specifies that a PBM is an entity that manages or administers prescription drug benefits for a health insurer, either pursuant to a contract or as an entity associated with the health insurer. Under sections 4 and 5 , a prescription drug manufacturer that fails to notify purchasers or fails to report required data to the commissioner is subject to discipline by the state board of pharmacy, including a penalty of up to $10,000 per day for each day the manufacturer fails to comply with the notice or reporting requirements. The commissioner is to report manufacturer violations to the state board of pharmacy. Section 6 requires a health insurer to reduce premiums for the health plans it issues or renews on or after January 1, 2022, to adjust for the rebates the health insurer received from prescription drug manufacturers in the previous plan year.(Note: This summary applies to this bill as introduced.)  6/1/2020 House Second Reading Laid Over Daily - No Amendments
Monitor  
HB20-1161Private Activity Bond Allocation 

Fiscal Note 

S. Bird (D) / F. Winter (D) | J. Tate (R)  Monitor Federal law limits the amount of tax-exempt private activity bonds that may issued within each state and allows each state to provide by law a formula for allocating the limited amount of bonding authority among eligible bond issuers. The act eliminates the bond allocation committee that currently reviews and makes recommendations to the executive director of the department of local affairs (DOLA) regarding statewide priorities for the allocation of the limited amount of bonding authority and requires the state housing board to conduct the review and make the recommendations. The act also eliminates a cap on the amount of the direct allocation fee paid to DOLA by bond issuers that use the direct allocation of bonding authority to issue private activity bonds or that make a mortgage credit certificate election and eliminates the executive director's authority to promulgate rules to implement the statutes that govern private activity bond allocation. (Note: This summary applies to this bill as enacted.)  3/20/2020 Governor Signed
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HB20-1163Management Of Single-use Products 

Fiscal Note 

A. Valdez (D) | E. Sirota (D) / J. Gonzales (D)  Oppose The bill prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021. A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge. A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition. (Note: This summary applies to this bill as introduced.)  5/28/2020 House Second Reading Laid Over to 12/31/2020 - No Amendments
  
HB20-1174Sales Tax Statute Modifications To Address Defect 

Fiscal Note 

H. McKean (R) | D. Valdez (D) / J. Tate (R)   The act: Makes corrections to the penalty for a taxpayer's failure to pay the correct amount of sales taxes due or for a taxpayer's failure to account for sales taxes correctly so that the statute reads the way the department of revenue applies the law; Changes the penalty section for use tax collections so that it is the same as for sales tax collections; legislative history makes clear that the legislature has intended these sections to be the same, but over the years bills revising these sections did not successfully align the 2 sections; and Repeals a temporary partial sales tax rate reduction for a new or used commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith that has a gross vehicle weight rating in excess of 26,000 pounds. While the rate reduction could still be used, it is preempted by a full rate reduction for low-emitting vehicles in another statutory section. Any vehicle that could qualify for the temporary partial rate reduction in a TABOR refund year already qualifies for the full exemption from sales or use tax under the other section, so the partial rate reduction is not used.(Note: This summary applies to this bill as enacted.)  4/1/2020 Governor Signed
Monitor  
HB20-1178Increase Speed Limit On Certain Rural Highways 

Fiscal Note 

R. Holtorf (R) / J. Sonnenberg (R)   The act requires the department of transportation to study relevant and appropriate state highways in rural areas of the state for the purpose of identifying portions of rural state highways where the speed limit can be raised without endangering public safety. On or before March 1, 2021, the department shall complete its study. The department shall include a summary of the study in the department's next annual report to the legislative committees of reference. (Note: This summary applies to this bill as enacted.)  3/27/2020 Governor Signed
Monitor  
HB20-1196Mobile Home Park Act Updates 

Fiscal Note 

E. Hooton (D) | J. McCluskie (D) / S. Fenberg (D) | P. Lee (D)  Monitor and Seek Amendments The act makes various changes and additions to the existing "Mobile Home Park Act" and "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). The time a home owner has to cure certain instances of noncompliance is increased from 30 days to 90 days, and this 90-day period to cure runs concurrently with the period to sell the mobile home or remove it from the premises, which is increased from 60 to 90 days. The act restates, with amendments, the permissible reasons for which management may terminate a home owner's tenancy and the notice requirements associated with a termination. Currently, management may terminate a home owner's tenancy if the homeowner's conduct constitutes an annoyance to other homeowners or interference with management. The act eliminates this as a permissible reason for termination of tenancy. When a landlord intends to change the use of the land on which a park sits, and the change will result in eviction of the home owners, the amount of prior notice that the landlord is required to provide to the home owners is increased from 6 months to 12 months. A notice to quit tenancy and a notice of nonpayment of rent must include language notifying a home owner of the home owner's right to file a complaint through the program. Currently, management may charge an amount up to 2 month's rent as a security deposit for a multiwide unit. The act reduces the amount to no more than one month's rent. The act clarifies management's duties concerning maintenance and repair of a park and creates new duties relating to the maintenance and repair of water, sewer, and other utility service lines or related connections. Management must annually provide certain information concerning water usage and billing to home owners and post the information in a clearly visible location in at least one common area of the park. If management charges home owners for water usage in the park, management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if management purchases the water from a provider, the total amount paid by management to the provider. The act prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. An action by management is presumed to be retaliatory if the action was taken within 120 days after the home owner made an effort to secure or enforce the home owner's rights, and management may rebut a presumption of retaliation with sufficient evidence that an action was taken against the home owner for a nonretaliatory purpose. The act allows management to add or amend rules and regulations only after acquiring the consent of each home owner or after providing written notice of the amendment to each home owner at least 60 days before the amendment becomes effective. A home owner may file a complaint challenging a rule, regulation, or amendment pursuant to the program within 60 days after receiving the notice. If a home owner files a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount equal to or exceeding 10% of the home owner's monthly rent obligation under the rental agreement, management may not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced. The act requires management to respect the privacy of home owners. Management has a right of entry to the land upon which a mobile home is situated for the maintenance of utilities and to ensure compliance with applicable codes, statutes, ordinances, administrative rules, rental agreements, and the rules of the community. A landlord shall not make entry in a manner that interferes with a home owner's peaceful enjoyment of the land except in the case of an emergency. Except when posting notices that are required by law or by a rental agreement, management shall make a reasonable effort to notify a home owner of management's intention to make entry at least 48 hours before making entry. (Note: This summary applies to this bill as enacted.)  6/30/2020 Governor Signed
Support  
HB20-11972-1-1 Statewide Human Services Referral System 

Fiscal Note 

M. Snyder (D) | J. Rich (R) / J. Bridges (D)  Support With Amendment The act amends provisions relating to the human services referral service authorized by the Colorado 2-1-1 collaborative. The act requires the department of human services to award a grant for $500,000 to the Colorado 2-1-1 collaborative for necessary human services referral services in the state through December 30, 2020, relating to the COVID-19 public health emergency. The services may include, among others, providing information on COVID-19 test site locations and referrals regarding equity, access, or discrimination concerning employment and health access, as well as other necessary referrals and intake services due to the presence of COVID-19 in the state. The act includes a legislative declaration describing the source of federal funding for the act and the restrictions on the use of the grant money. For the 2019-20 fiscal year, the act appropriates $500,000 from the care subfund in the general fund to the department of human services to award a grant to the Colorado 2-1-1 collaborative, which appropriation may be used through December 30, 2020. (Note: This summary applies to this bill as enacted.)  6/22/2020 Governor Signed
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HB20-1198Pharmacy Benefits Carrier And Pharmacy Benefit Manager Requirements 

Fiscal Note 

J. Buckner (D) / R. Fields (D) | J. Ginal (D)   The bill imposes requirements regarding the administration of prescription drug benefits under health benefit plans as follows: Requires a health insurer to submit to the commissioner of insurance a list of pharmacy benefit managers (PBMs) the health insurer uses to manage or administer prescription drug benefits under its health benefit plans offered in this state; Requires health insurers and PBMs to submit their programs for compensating pharmacies and pharmacists and their prescription drug formularies under their prescription drug benefits plans, and the commissioner is authorized to review the compensation programs to ensure they are fair and reasonable to provide an adequate network of pharmacies and pharmacists under their prescription drug benefits plans; Requires a PBM to also report to the commissioner the amount the PBM expects to be reimbursed from health insurers for pharmacist services; Prohibits health insurers and PBMs from: Causing or knowingly permitting the use of any untrue, deceptive, or misleading advertisement, promotion, solicitation, representation, proposal, or offer; Charging a pharmacy or pharmacist a fee for adjudicating a claim; Requiring stricter pharmacy accreditation standards or certification requirements than the standards or requirements that are required by the state board of pharmacy; Reimbursing an independent pharmacy or pharmacist an amount that is less than the amount the health insurer or PBM reimburses an affiliated pharmacy or pharmacist; and Modifying their prescription drug formulary at any time during the benefit year. If a pharmacy or pharmacist is eliminated from a health care provider or PBM network, specifies that the health insurer or PBM is not relieved of any obligation to pay for pharmacist services properly rendered before elimination from the network; and Requires health insurers and PBMs to report specified claims data to the commissioner and the all-payer health claims database. The commissioner is authorized to adopt rules to implement the bill and to enforce the bill using all powers granted the commissioner under the insurance laws of this state. A health insurer is: Responsible for complying with the bill and ensuring any PBM the health insurer uses is complying with the bill; and Liable for failure of the health insurer or PBM to comply.(Note: This summary applies to this bill as introduced.)  6/10/2020 House Committee on Health & Insurance Postpone Indefinitely
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HB20-1237Medicaid Managed Care Assignment For Child Welfare 

Fiscal Note 

M. Young (D) | L. Saine (R) / D. Moreno (D) | J. Sonnenberg (R) Support Support For a child or youth who obtains services under the state's medicaid program through the initiation of a dependency and neglect action or juvenile delinquency action resulting in out-of-home placement, the act requires the department of health care policy and financing (department) to assign the child or youth to the managed care entity (MCE) in the county in which the action was initiated. The department shall only change the MCE designation if requested by the county with jurisdiction over the action or the child's or youth's legal guardian. (Note: This summary applies to this bill as enacted.)  7/11/2020 Governor Signed
Support  
HB20-1265Increase Public Protection Air Toxics Emissions 

Fiscal Note 

A. Benavidez (D) | A. Valdez (D) / J. Gonzales (D) | D. Moreno (D)   The act defines "covered air toxics" as hydrogen cyanide, hydrogen sulfide, and benzene. A stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of a covered air toxic for the year 2017 or later is defined as a "covered facility": For hydrogen cyanide, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 1,000 pounds. "Incidents" are defined as unauthorized emissions of an air pollutant from a covered facility. Each covered facility will: Conduct outreach to representatives of the community surrounding the covered facility to discuss communications regarding the occurrence of an incident; Use reverse-911 to communicate with, and make data available to, the community surrounding the covered facility regarding the occurrence of an incident; Implement reverse-911 within 6 months; and Pay all costs associated with its use of reverse(Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Signed
  
HB20-1284Secure Transportation Behavioral Health Crisis 

Fiscal Note 

T. Kraft-Tharp (D) | J. McCluskie (D) / J. Bridges (D) | J. Smallwood (R) Support Support The bill creates a regulatory and service system to provide secure transportation services, with different requirements than traditional ambulance services, for individuals experiencing a behavioral health crisis. Mobile crisis services, units linked to the walk-in crisis services, and crisis respite services may arrange for secure transportation in response to 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 one year, 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 is directed to create and implement a secure transportation benefit on or before January 1, 2022. Language is added to exempt secure transportation services from regulation under the public utilities commission. (Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Support  
HB20-1290Failure-to-cooperate Defense First-party Insurance 

Fiscal Note 

A. Garnett (D) / S. Fenberg (D)   The act bars an insurer from using a failure-to-cooperate defense in an action regarding the insurer's request for information from the insured about a claim unless: The insurer has submitted a written request to the insured for the information; The information necessary for litigation is not available to the insurer without the assistance of the insured; The request provides the insured 60 days to respond; The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 60 days, describing, with particularity, the alleged failure to cooperate. A failure-to-cooperate defense acts as a defense to the portion of the claim that is materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim. Any language in an insurance contract that conflicts with the act is void. If an insurer is giving the insured the time to respond or cure under the act, the insurer is not liable for failing to pay the claim while providing the time. (Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Signed
Monitor  
HB20-1293Emergency Telephone Service Charges 

Fiscal Note 

J. McCluskie (D) | R. Pelton (R) / D. Coram (R) | J. Gonzales (D)  Support The act amends the requirements for the imposition, collection, and uses of the emergency telephone charge imposed by local 911 governing bodies. Current law imposes a statutory cap on the amount of the emergency telephone charge that may be imposed by local governing bodies. The act allows the public utilities commission (commission) to establish the authorized threshold amount for the charge on an annual basis. A local governing body may impose the charge in an amount up to the authorized threshold. If a governing body determines it needs to impose a higher charge to fund 911 operations in its jurisdiction, it must seek the approval of the commission. The procedures for the collection and remittance of the emergency telephone charge by telecommunication service suppliers are amended. The act provides procedures for local bodies to assess overdue or unpaid remittances, imposes a time limitation for local governing bodies to do so, and creates a process for the service supplier and local governing body to extend that time period. Local governing bodies may audit the collections of service suppliers, and may impose interest and penalties on late remittances. A new 911 surcharge (surcharge) is established as a collection for local governing bodies. The amount of the surcharge is established each year by the commission based on the needs of the local governing bodies. Service suppliers must collect the surcharge from service users and remit the money to the commission. The commission is required to transmit the money collected to local governing bodies within 60 days, using a formula based on the number of concurrent sessions maintained in the governing bodies' jurisdictions. The existing "prepaid wireless E911 charge" is renamed the "prepaid wireless 911". Under current law, the amount of the charge is set in statute. The act requires the commission to establish the amount of the charge based on the average amount of the emergency telephone charges imposed by local governing bodies and the amount of the surcharge. Governing bodies may use the money collected from the 3 charges for costs associated with the lease, purchase, installation, and planning for equipment, facilities, hardware, and software used to receive and dispatch 911 calls, charges of basic emergency service providers, costs related to the provision and operation of emergency telephone service and emergency notification service, membership fees for state or national industry organizations supporting 911, and other costs directly related to the continued operation of the emergency telephone service ad emergency notification service. (Note: This summary applies to this bill as enacted.)  7/10/2020 Governor Signed
Support; Monitor  
HB20-1297Immunization Status And Child Abuse Neglect 

Fiscal Note 

M. Baisley (R) | J. Singer (D) / P. Lundeen (R) Oppose Unless Amended  The act adds language to Colorado's children's code to clarify that refusing an immunization on the grounds of medical, religious, or personal belief considerations or opting to exclude immunization notification information from the immunization tracking system does not alone constitute child abuse or neglect. (Note: This summary applies to this bill as enacted.)  7/10/2020 Governor Signed
Oppose  
HB20-1302CAPS Check Program Changes 

Fiscal Note 

S. Lontine (D) / J. Danielson (D) Oppose Unless Amended  Under current law, when an employer is going to hire a person to work in a position in which the person has contact with at-risk adults, the employer must perform a check of the system that contains substantiated claims of mistreatment against an at-risk adult (CAPS check). The act makes various clarifying changes to the adult protection statutes related to the CAPS check program. The act states that if an employer receives a CAPS check on a person and does not hire the person at the time of receiving the check but wants to hire the person at a subsequent time, the employer shall request a new CAPS check prior to hiring the person. The act requires that if the employer is also an employee, the employer and employer's parent or oversight agency would get the results if the employer was a substantiated perpetrator. The act prohibits using a CAPS check request for a person who is not going to be an employee. The act prohibits an employee or volunteers from knowingly providing inaccurate information for a CAPS check or an employer or other person or entity conducting an employee screening on behalf of the employer from knowingly providing inaccurate information in the request for a CAPS check. The act requires entities that care for at-risk adults to cooperate with a county or district department of human or social services in investigations into allegations of mistreatment at the entities' facilities pursuant to department rule. (Note: This summary applies to this bill as enacted.)  7/10/2020 Governor Signed
Oppose  
HB20-1308Nonsubstantive Emails And Open Meetings Law 

Fiscal Note 

J. Arndt (D) / J. Ginal (D) Support  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 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. (Note: This summary applies to this bill as introduced.)  5/28/2020 House Second Reading Laid Over to 12/31/2020 - No Amendments
Support  
HB20-1317Colorado Children's Trust Fund Board Updates 

Fiscal Note 

T. Kraft-Tharp (D) | L. Landgraf (R) / D. Hisey (R) | T. Story (D)   The bill updates various provisions of the "Colorado Children's Trust Fund Act", including renaming it the "Colorado Child Abuse Prevention Trust Fund Act" (act). Changes include: Expanding the membership on the Colorado child abuse prevention board (board) from the current 9 members to 17 members; Expanding the powers and duties of the board to include advising and making recommendations to the governor, state agencies, and other entities regarding child maltreatment prevention; developing strategies to decrease the incidences of child maltreatment and other adverse childhood experiences; and implementing and monitoring the ongoing development of local child maltreatment prevention plans throughout the state; and Extending the repeal of the act from 2022 to 2026.(Note: This summary applies to this bill as introduced.)  5/28/2020 House Second Reading Laid Over to 12/31/2020 - No Amendments
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HB20-1332Prohibit Housing Discrimination Source Of Income 

Fiscal Note 

L. Herod (D) | D. Jackson (D) / R. Fields (D)   The act adds discrimination based on source of income as a type of unfair housing practice. "Source of income" is defined to include any source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession or from any government or private assistance, grant, or loan program. A person is prohibited from refusing to rent, lease, show for rent or lease, or transmit an offer to rent or lease housing based on a person's source of income. In addition, a person cannot discriminate in the terms or conditions of a rental agreement against another person based on source of income, or based upon the person's participation in a 3rd-party contract required as a condition of receiving public housing assistance. A person cannot include in any advertisement for the rent or lease of housing any limitation or preference based on source of income, or to use representations related to a person's source of income to induce another person to rent or lease property. The restrictions do not apply to a landlord with 3 or fewer rental units. A landlord who owns 5 or fewer single family rental homes, and no more than 5 total rental units including any single family rental homes, is not required to accept federal housing choice vouchers for the single family homes. A landlord is not prohibited from checking the credit of prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice if the landlord checks the credit of every prospective tenant. (Note: This summary applies to this bill as enacted.)  7/14/2020 Governor Signed
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HB20-1343Egg-laying Hen Confinement Standards 

Fiscal Note 

D. Roberts (D) / K. Donovan (D)   The act requires a farm owner or operator to confine chicken, turkey, duck, goose, or guinea fowl hens (hens) in accordance with the standards established in the act. On and after January 1, 2023, the act also prohibits a business owner or operator from selling shell eggs or egg products that are produced by egg-laying hens that were confined in a manner that conflicts with these standards. In connection with this prohibition, the act: Requires, by January 1, 2023, hens to be confined in an enclosure with at least one square foot of usable floor space per hen; Requires, by January 1, 2025, hens to be confined in a cage-free housing system with at least: One square foot of usable floor space per hen if the hens have unfettered access to vertical space; or 1.5 square feet of usable floor space per hen if the hens do not have unfettered access to vertical space; Deems a sale to have occurred at the location where the buyer takes physical possession of the shell egg or egg product; Allows a business to rely upon written certification that the shell egg or egg product did not come from hens that were confined in a manner that conflicts with the act; Authorizes the commissioner of agriculture to impose a civil penalty of up to $1,000 per violation; Requires the commissioner to promulgate rules to implement and enforce the act; and Authorizes the commissioner to use a government or private inspection process. The act requires shell eggs and egg products to be annually certified as complying with the standards. Certification requires an inspection. The following are exempt from the act's requirements: Medical research; Veterinary procedures; Transportation; A state or county fair exhibition, 4-H program, or similar exhibition; Slaughter; Temporary confinement in connection with animal husbandry; A farm with 3,000 or fewer egg-laying hens; or A nonfarm business owner or operator with each location selling fewer than 25 cases of, or 30 dozen, shell eggs per week if all locations owned or operated by the business sell fewer than 100 cases of shell eggs per week.(Note: This summary applies to this bill as enacted.)  7/1/2020 Governor Signed
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HB20-1349Colorado Affordable Health Care Option 

Fiscal Note 

D. Roberts (D) | C. Kennedy (D) / K. Donovan (D)   Beginning January 1, 2022, the bill requires a health insurance carrier (carrier) that offers an individual health benefit plan in this state to offer a Colorado option plan in the Colorado counties where the carrier offers the individual health benefit plan. The commissioner of insurance (commissioner) is required to develop and implement a Colorado option plan that must: Be offered to Colorado residents who purchase health insurance in the individual market; Implement a standardized plan that: Allows consumers to easily compare health benefit plans; and Provides first-dollar, predeductible coverage for certain services; Include the essential health benefits package; Provide different, specific levels of coverage; Include a hospital reimbursement rate formula; Require hospital participation; Require a minimum medical loss ratio of 85%; and Require carriers and pharmacy benefit management firms to pass rebate savings through to consumers and document the savings and pass-through in a form and manner determined by the commissioner. The Colorado option advisory board (board) is created to advise and make recommendations to the commissioner on all aspects of the Colorado option plan. The bill authorizes the commissioner to promulgate rules to develop, implement, and operate the Colorado option plan, including: Expanding the Colorado option plan to the small group market; Establishing a hospital reimbursement rate formula; and Requiring carriers to offer the Colorado option plan in specific counties. If a hospital refuses to participate in the Colorado option plan, the department of public health and environment may issue a warning, impose fines, or suspend, revoke, or impose conditions on the hospital's license. The commissioner, in consultation with the board, is required to evaluate the Colorado option plan beginning July 1, 2024, and each year thereafter. (Note: This summary applies to this bill as introduced.)  6/16/2020 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
  
HB20-1410COVID-19-related Housing Assistance 

Fiscal Note 

S. Gonzales-Gutierrez (D) | T. Exum (D) / J. Gonzales (D) | R. Zenzinger (D)   The act provides eviction assistance, rental assistance, residential mortgage assistance, and guidance on other housing assistance to households facing financial hardship due to the COVID-19 pandemic. In determining how to distribute rental assistance, the division of housing in the department of local affairs (division) is required to prioritize: Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools; Medicaid clients in nursing homes who are able to live in their communities with in-home services; Family unification and related services; Homeless or disabled veterans; Low-income households with an income at or below one hundred percent of the area median income; Survivors of domestic violence; People experiencing homelessness who are at a higher risk of contracting COVID-19 according to the federal centers for disease control; and Entities that provide direct services to youth experiencing or at risk of experiencing homelessness. In determining how to distribute residential mortgage assistance, the division is required to prioritize households with an income at or below 100% of the area median income. From money given to the state in the federal "Coronavirus Aid, Relief, and Economic Security Act": $350,000 is appropriated to the judicial department for use by the eviction legal defense grant program; and $19,650,000 is transferred from the care subfund in the general fund to the housing development grant fund administered by the division.(Note: This summary applies to this bill as enacted.)  6/22/2020 Governor Signed
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HB20-1412COVID-19 Utility Bill Payment-related Assistance 

Fiscal Note 

C. Kennedy (D) | L. Cutter (D) / T. Story (D) | R. Zenzinger (D)   From money given to the state pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act", commonly referred to as the "CARES Act", the bill allocates $10 million from the care subfund in the general fund to the energy outreach Colorado low-income energy assistance fund administered by the Colorado energy office for use by energy outreach Colorado on or before December 30, 2020, to provide direct utility bill payment assistance to households facing economic hardship due to the COVID-19 pandemic. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)  6/22/2020 Governor Signed
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HB20-1415Whistleblower Protection Public Health Emergencies 

Fiscal Note 

L. Herod (D) | T. Sullivan (D) / B. Pettersen (D) | R. Rodriguez (D)   The act prohibits a principal, which includes an employer, certain labor contractors, public employers, and entities that contract with 5 or more independent contractors, from discriminating, retaliating, or taking adverse action against any worker who: In good faith, raises any concern about workplace health and safety practices or hazards related to a public health emergency to the principal, the principal's agent, other workers, a government agency, or the public if the workplace health and safety practices fail to meet guidelines established by a federal, state, or local public health agency with jurisdiction over the workplace; Voluntarily wears at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, under specified circumstances; or Opposes a practice the worker reasonably believes is unlawful or makes a charge, testifies, assists, or participates in an investigation, proceeding, or hearing of alleged unlawful acts. Additionally, a principal is prohibited from requiring or attempting to require a worker to sign a contract or other agreement that limits or prevents the worker from disclosing information about workplace health and safety practices or hazards related to a public health emergency. A worker who knowingly discloses false information or discloses information with reckless disregard for the truth or falsity of the information is not protected under the act. A person may seek relief by: Filing a complaint with the division of labor standards and statistics (division) in the department of labor and employment; Bringing an action in district court, after exhausting administrative remedies; or Bringing a whistleblower action in the name of the state in district court, after exhausting administrative remedies. The division is authorized to adopt rules necessary to implement the act. $270,153 is appropriated to the department of labor and employment from the employment support fund, of which $206,193 is allocated for use by the division for enforcement of worker's rights related to a public health emergency, based on the assumption that the division will require an additional 2.5 FTE, and $63,960 is reappropriated to the department of law for legal services. (Note: This summary applies to this bill as enacted.)  7/11/2020 Governor Signed
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HB20-1421Delinquent Interest Payments Property Tax 

Fiscal Note 

D. Roberts (D) | L. Saine (R) / K. Donovan (D) | J. Sonnenberg (R)   The act allows, upon approval of the county treasurer, a board of county commissioners or a city council of a city and county to temporarily reduce, waive, or suspend delinquent interest payments for property tax payments. The act 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. Finally, the act requires a treasurer 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, if the local taxing jurisdiction submits a letter to the board of county commissioners of the county or the city council of the city and county that contains the local taxing jurisdiction. (Note: This summary applies to this bill as enacted.)  6/14/2020 Governor Signed
  
SB20-005Covered Person Cost-sharing Collected By Carriers 

Fiscal Note 

F. Winter (D) | K. Priola (R) / J. McCluskie (D) Oppose  The bill prohibits carriers from inducing, incentivizing, or otherwise requiring: A health care provider to collect any coinsurance, copayment, or deductible directly from a covered person or the covered person's responsible party; or A covered person to pay any coinsurance, copayment, or deductible directly to a health care provider. The carrier is required to collect any cost-sharing amounts owed by a covered person directly from the covered person in one consolidated bill. (Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
Oppose  
SB20-007Treatment Opioid And Other Substance Use Disorders 

Fiscal Note 

B. Pettersen (D) | F. Winter (D) / B. Buentello (D) | J. Wilson (R)   The act requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement, medical necessity, and utilization management determinations in accordance with the most recent edition of the ASAM criteria. The act also authorizes the commissioner of insurance, in consultation with the department of human services (DHS) and the department of health care policy and financing, to identify by rule alternate nationally recognized substance-use-disorder-specific treatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices. These provisions apply to health benefits plans issued or renewed on or after January 1, 2022. The act prohibits managed service organization contracted providers; withdrawal management services; and recovery residences from denying access to medical or substance use disorder treatment services, including recovery services, to persons who are participating in prescribed medication-assisted treatment for substance use disorders. In addition, the act prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement. The act requires managed care entities to provide coordination of care for the full continuum of substance use disorder and mental health treatment and recovery services, including support for individuals transitioning between levels of care. The act authorizes the commissioner of insurance, in consultation with the department of public health and environment (CDPHE), to promulgate rules, or to seek a revision of the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies. The act requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assisted treatment for substance use disorders, including buprenorphine, and the number of prescriptions for medication-assisted treatment filled by enrollees. Further, insurance carriers shall report on the carrier's efforts to ensure sufficient capacity for and access to medication-assisted treatment. The act requires the commissioner of insurance to promulgate rules concerning the reporting. The act requires insurance carriers to provide coverage for at least one opiate antagonist. The act consolidates part 1 of article 82 of title 27, Colorado Revised Statutes, relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27 relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorders, in order to create a single process that includes all substances. The new scope of part 1 of article 81 of title 27 includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder".The amendments and additions to part 1 of article 81 of title 27 include: Defining "administrator" to include an administrator's designee; Adding a definition of "incapacitated by substances" to include a person who is incapacitated by alcohol or incapacitated by substances; Changing terminology throughout that refer to "substances" to include both alcohol and drugs; Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days; Allowing a person to enter into a stipulated order for committed treatment, expediting placement into treatment; Removing the mandatory hearing for the initial involuntary commitment but allowing a person to request a hearing if the person does not want to enter into a stipulated order for committed treatment; Incorporating in statute "patient's rights" relating to civil commitment; Using person-centered language throughout the statutory process; and Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27 to article 81 in title 27. In addition, the act amends statutory references, including several in the professional licensing statutes in title 12, Colorado Revised Statutes, to remove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the single term "substance use disorder", which the act now defines in article 81 of title 27 to include both drugs and alcohol. The act also amends statutory references to provisions in part 2 of article 82 of title 27, which the act repeals and replaces those references with a new reference to the relevant provisions in article 81 of title 27. (Note: This summary applies to this bill as enacted.)  7/13/2020 Governor Signed
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SB20-019Legislative Oversight Committee Concerning Tax Policy 

Fiscal Note 

J. Tate (R) / A. Benavidez (D) | R. Bockenfeld (R)    Tax Expenditure Evaluation Interim Study Committee. The bill creates the legislative oversight committee concerning tax policy (committee), and the associated task force (task force). The committee is required to consider the policy considerations contained in the tax expenditure evaluations prepared by the state auditor and is responsible for the oversight of the task force. The committee may recommend legislative changes that are treated as bills recommended by an interim legislative committee. The task force is required to study tax policy and develop and propose for committee consideration any modifications to the current system of state and local taxation. The task force is also authorized, upon request by a committee member, to provide evidence-based feedback on the potential benefits or consequences of a legislative or other policy proposal not directly affiliated with or generated by the task force, including any bill or resolution introduced by the general assembly that affects tax policy. (Note: This summary applies to this bill as introduced.)  5/28/2020 Senate Second Reading Laid Over to 12/25/2020 - No Amendments
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SB20-026Workers' Compensation For Audible Psychological Trauma 

Fiscal Note 

R. Fields (D) | J. Cooke (R) / J. Singer (D) | T. Exum (D)   For the purpose of determining eligibility for workers' compensation benefits for a mental impairment caused by an accidental injury that consists of a psychologically traumatic event arising out of and in the course of employment, the act establishes that a worker's audible or visual and audible exposure to the serious bodily injury or death, or the immediate aftermath of the serious bodily injury or death, of one or more people as the result of a violent event, the intentional act of another person, or an accident is a "psychologically traumatic event". (Note: This summary applies to this bill as enacted.)  6/29/2020 Governor Signed
Monitor  
SB20-029Cost Of Living Adjustment For Colorado Works Program 

Fiscal Note 

R. Fields (D) | D. Moreno (D) / J. Coleman (D) | M. Duran (D) Monitor Support An assistance unit that receives a basic cash assistance (BCA) payment from the Colorado works program at any time within one month after the effective date of the act shall receive a one-time $500 supplemental payment in addition to the amount of BCA an assistance unit currently receives. The one-time supplemental payment is not income for the purpose of any publicly funded program. The act prohibits the general assembly from appropriating more than $10 million for the one-time supplemental payments. If the one-time supplemental payment to each assistance unit exceeds $10 million, the one-time supplemental payment must be distributed evenly to each assistance unit. Beginning July 1, 2021, and each fiscal year thereafter, the joint budget committee must review the sustainability of the Colorado long-term works reserve. The act appropriates $8,424,500 to the department of human services from the federal temporary assistance for needy families block grant. (Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Signed
Oppose  
SB20-070Traffic Offense Classification And Penalties 

Fiscal Note 

D. Coram (R) | P. Lee (D) / M. Catlin (R) | M. Gray (D)  Support Under existing law, there is a presumptive range of fines for traffic misdemeanors and traffic infractions (traffic offenses) and there are specified fines and surcharges for certain traffic offenses. The bill increases the presumptive ranges of fines for traffic offenses and increases specified fines and surcharges for certain traffic offenses. The bill requires that 25% of the fine collected for a traffic misdemeanor and 50% of the fine collected for a traffic infraction be transmitted to the county in which the violation occurs. Counties are permitted to use the money for traffic safety improvements, traffic enforcement, prosecution of traffic violations, or any other use consistent with the state constitution. Under existing law, driving without a valid driver's license or instruction permit or driving a vehicle for which a person has not been issued the correct type or class of license is a class 2 traffic misdemeanor. The bill reclassifies those offenses as class A traffic infractions. Under existing law, operating or permitting the operation of a motor vehicle or low-power scooter without an insurance policy in effect or failing to present evidence of insurance following an accident or when asked to do so by a peace officer is a class 1 traffic misdemeanor. The bill reclassifies a first violation of each of those offenses as a class A traffic infraction punishable by a $500 fine. A court must reduce the fine to $250 upon a showing that the person has appropriate insurance. A second or subsequent violation within 5 years remains a class 1 traffic misdemeanor and is punishable by a $1,000 fine that may not be reduced by the court. (Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
Monitor  
SB20-085Sex Offender Community Corrections Requirements 

Fiscal Note 

R. Zenzinger (D) | B. Gardner (R) / D. Michaelson Jenet (D) | M. Soper (R) Monitor  The act clarifies that an offender sentenced pursuant to the "Colorado Sex Offender Lifetime Supervision Act of 1998" may be released to a community corrections program only if the offender meets certain requirements for an offender being released on parole including that: The offender has successfully progressed in sex offender treatment as determined by the department of corrections and would not pose a threat to the community if released to community corrections; There is a strong and reasonable probability that the offender would not thereafter commit a new criminal offense; and After considering criteria established by the sex offender management board and other relevant factors, the executive director of the department of corrections finds that release to community corrections is appropriate.(Note: This summary applies to this bill as enacted.)  7/7/2020 Governor Signed
Amend  
SB20-104Powers Of Bureau Of Animal Protection Agents 

Fiscal Note 

J. Cooke (R) / D. Roberts (D) Support Monitor The act grants bureau of animal protection agents the authority to conduct investigations related to certain complaints of animal cruelty. (Note: This summary applies to this bill as enacted.)  6/29/2020 Governor Signed
Support  
SB20-110Penalties For Liquor Law Violations 

Fiscal Note 

A. Williams (D) | C. Holbert (R) / M. Snyder (D)   Currently, the state or a local licensing authority may suspend or revoke a licensee's license or permit for the licensee's violation of a law related to the regulation of alcohol beverages. The licensee may choose to pay a fine instead of the revocation or suspension. The act: Authorizes the state and local licensing authorities to fine the licensee initially; Increases the potential fine for violations related to alcohol beverages from between $200 and $5,000 to between $500 and $100,000; and Requires the manner in which licensees pay fines to the state licensing authority to be determined by the state licensing authority.(Note: This summary applies to this bill as enacted.)  7/13/2020 Governor Signed
Monitor  
SB20-120Apprentice Examinations And Professional Licenses 

Fiscal Note 

J. Danielson (D) / T. Sullivan (D)   The bill requires electrician apprentices and plumbing apprentices who have been registered with their respective boards for at least 6 years to take a license examination on a periodic basis at least every two or three years based on the registration renewal cycle until the apprentice passes the examination. If an apprentice fails the examination, the apprentice may apply for an exemption from the examination requirement. The bill allows an apprentice to request special accommodations to take the examination if the apprentice has a learning disability. The bill requires an employer, an apprenticeship program registered with the United States department of labor's employment and training administration, and a state apprenticeship council recognized by the United States department of labor that employs an apprentice in Colorado to track the number of practical training hours and, for electrician apprentices, the classroom hours of each apprentice and provide the information to the state electrical board or the state plumbing board, as applicable. The boards must provide the reported information to the department of regulatory agencies' online apprenticeship directory. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)  7/7/2020 Governor Signed
Monitor  
SB20-122Mobile Veteran Support Unit Grant Program 

Fiscal Note 

K. Donovan (D)   The bill establishes the mobile veteran support unit grant program (grant program) to provide one-time grants to nonprofit organizations to establish mobile veteran support units. A mobile veteran support unit acts as an initial point of contact for veterans to obtain health and well-being services, including mental health services, dental health services, telehealth services, military benefit assistance, and housing assistance. The department of public health and environment (department) administers the grant program. The department must consult with the Colorado board of veterans affairs when adopting grant program rules. (Note: This summary applies to this bill as introduced.)  6/10/2020 Senate Committee on Appropriations Postpone Indefinitely
Neutral  
SB20-127Committee Actuarial Review Health Care Plan Legislation 

Fiscal Note 

J. Smallwood (R) | N. Todd (D)   The bill creates the health benefit plan design change review committee (committee) in the division of insurance to review introduced bills that impose new requirements on, or amend existing requirements of, health benefit plans. For any such bill, the committee shall conduct an actuarial review of the near-term effects of the bill, including: An estimate of the number of Colorado residents who will be directly affected by the bill; Estimates of changes in the rates of utilization of specific health care services that may result from the bill; Estimates concerning any changes in consumer cost sharing that would result from the bill; The financial impact, if any, of the bill on group benefit plans offered under the "State Employees Group Benefits Act", regardless of whether the bill makes any amendment to that act; The financial impact, if any, of the bill on medical assistance programs under the "Colorado Medical Assistance Act", regardless of whether the bill makes any amendment to that act; and The financial impact, if any, of the bill on small-, medium-, and large-sized business employers. The bill authorizes the commissioner of insurance to promulgate rules as necessary for the operation of the committee. (Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
Monitor  
SB20-129Protection Of Individuals Subject To A Fiduciary 

Fiscal Note 

C. Holbert (R) | J. Ginal (D) / M. Froelich (D) | K. Ransom (R) Monitor  If a court appoints as an emergency guardian or special conservator a professional person or public administrator, the act requires the court to also appoint a court visitor to interview the respondent and others and report to the court on the supported decision-making surrounding the respondent. Current law allows a court on its own motion or at the request of an interested person to conduct an emergency review of a fiduciary's actions. The act requires the judge to rule on the motion or request within 14 days. (Note: This summary applies to this bill as enacted.)  7/10/2020 Governor Signed
Monitor  
SB20-135Conservation Easement Working Group Proposals 

Fiscal Note 

J. Sonnenberg (R) | K. Donovan (D) / D. Roberts (D) | J. Wilson (R)   A working group was convened over the 2019 interim pursuant to House Bill 19-1264 to develop proposed statutes to address certain issues affecting the creation, valuation, tax treatment, and stewardship of conservation easements in the state. The bill implements the recommendations of the working group as follows: Section 1 of the bill modifies the method of calculating the amount of the state income tax credit that may be claimed for the donation of a conservation easement. The section also clarifies the manner in which certain business entities claim the credit. Section 2 requires the state to provide compensation for certain taxpayers who were denied state income tax credits for conservation easements donated between 2000 and 2013 if the federal internal revenue service allowed a federal income tax deduction for the same donation. The amount of the compensation is based upon the amount of the credit that could have been claimed at the time of the original donation based upon the value of the donation accepted by the internal revenue service. The amount of compensation is reduced by any amount that was allowed to be claimed against Colorado income tax or otherwise reinstated to the claimant of the compensation. Where a tax credit was transferred to another taxpayer as transferee, the bill provides a process for all parties to the transaction to submit a mutual application for compensation or, if there is objection, a process to resolve disputes about the distribution of compensation. The total amount of compensation to be paid to all claimants is limited to the amount of unused conservation easement tax credits that could have been claimed between 2013 and 2019 under an existing statutory cap amount, but were not claimed. If the unclaimed amounts are not sufficient to satisfy all claims, then any unsatisfied claims would be paid in future years. The cap for each future year would be reduced by the amount of claims paid; except that the total amount of claims paid in a year could not exceed 50% of the amount of the cap for that year. Section 3 requires the director of the division of conservation to designated an ombudsman to assist in resolving certain disputes related to conservation easements. Section 3 also addresses the abandonment of conservation easements, which occurs when the holder of an easement no longer fulfills its stewardship obligations with respect to the easement. The division of conservation is required to investigate potential abandoned easements, make findings regarding each easement, and report its findings to the conservation easement oversight commission (commission). The commission then conducts a public hearing on the easement and, if it determines that an easement is abandoned, appoints a receiver to monitor the easement. Receivership for an abandoned easement is limited to 5 years, during which time the commission reviews the easement and attempts to identify options to reform the easement, have it assigned to another holder, or extinguish the easement. A stewardship account is established to provide for the cost of carrying out the stewardship obligations resulting from abandoned easements. A specified amount of money is appropriated to the stewardship account for the 2020-21 fiscal year, with a corresponding reduction in the amount of conservation easement tax credits that can be claimed for one year.(Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
  
SB20-139County Loans For Public Infrastructure Projects 

Fiscal Note 

M. Foote (D) / M. Gray (D) Monitor Monitor The act authorizes the board of county commissioners of a county (board), in consultation with the county treasurer, to make loans to a governmental entity that is created by or located within the county subject to the following requirements: The board must adopt underwriting standards that require each proposed loan to be analyzed with respect to risks, market rates, and loan terms before making any loans; Each loan must be analyzed using the underwriting standards; The source of a loan must be legally available money that is not otherwise encumbered or obligated, and the amount loaned must not cause the total outstanding principal balance of all such loans made to exceed 8% of the amount of such money available at the time the loan is made; A loan must have a specified repayment term; A loan recipient must pay the county interest on the loan at an initial rate that is equal to or greater than the rate of return earned on all county financial investments; A loan recipient must use loan proceeds for the sole purpose of funding public infrastructure projects within the county; and The board must make the loan by entering into an intergovernmental agreement with the loan recipient that establishes loan terms and conditions. Before entering into such an intergovernmental agreement: The board must approve the public infrastructure project to be funded by the loan and the terms and conditions of the loan at a public board meeting; and The board or the loan recipient must pursue private sector options for funding the public infrastructure project to be funded by the loan and report regarding the options pursued at the board meeting at which the board approves the loan.(Note: This summary applies to this bill as enacted.)  7/7/2020 Governor Signed
Monitor  
SB20-156Protecting Preventive Health Care Coverage 

Fiscal Note 

B. Pettersen (D) | D. Moreno (D) / D. Esgar (D) | K. Mullica (D)   The bill codifies a number of preventive health care services currently required to be covered by health insurance carriers pursuant to the federal "Patient Protection and Affordable Care Act" and adds them to the current list of services required to be covered by Colorado health insurance carriers, which services are not subject to policy deductibles, copayments, or coinsurance. The bill expands certain preventive health care services to include osteoporosis screening, urinary incontinence screening, and screening and treatment of a sexually transmitted infection (STI). Current law requires a health care provider or facility to perform a diagnostic exam for an STI and subsequently prescribe treatment for an STI at the request of a minor patient. The bill allows a health care provider to administer, dispense, or prescribe preventive measures or medications where applicable. The consent of a parent is not a prerequisite for a minor to receive preventive care, but a health care provider shall counsel the minor on the importance of bringing the minor's parent or legal guardian into the minor's confidence regarding the services. Current law requires the executive director of the department of health care policy and financing to authorize reimbursement for medical or diagnostic services provided by a certified family planning clinic. The bill defines family planning services and authorizes reimbursement for family planning services. The bill allows staffing by medical professionals to be accomplished through telemedicine. (Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
Oppose  
SB20-161Pretrial Release 

Fiscal Note 

P. Lee (D) | B. Gardner (R) / L. Herod (D) | M. Soper (R) Oppose Oppose Unless Amended The bill requires each judicial district to implement a pretrial release assessment process to assess arrested persons as soon as practicable but no later than 24 hours after admission to a detention facility. Each judicial district shall also adopt written criteria in an administrative order allowing for the immediate pretrial release of certain arrested persons on a summons or an unsecured personal recognizance bond without any monetary condition after a pretrial release assessment is completed and without an initial hearing before the court. The division of criminal justice in the department of public safety (DCJ) shall develop statewide standards and guidelines for the development of the pretrial release assessment process, the written criteria for immediate pretrial release, and standards for the setting of the type of bond and conditions of release. The DCJ shall also compile an inventory of approved pretrial risk assessment instruments available for use in Colorado. By October 1, 2022, and every October 1 thereafter, the DCJ shall evaluate the outcome of the bond setting process, including the type of bond set, the amount of any secured or unsecured monetary condition of bond, and any other conditions of release, if available, for bias on the basis of race, ethnicity, or gender by judicial district. Beginning April 1, 2021, if a person is not released without a monetary bond pursuant to an administrative order, the court shall hold a hearing as soon as practicable to determine bond and the conditions of release. The bill creates a presumption that a person will be released without any monetary conditions of release. The court is required to use specified criteria in determining the bond and conditions of release. The bill specifies the types of bond that the court can order including: An unsecured personal recognizance bond; An unsecured personal recognizance bond with additional nonmonetary conditions of release; A bond with a monetary condition; or A bond with secured real estate conditions. The bill specifies the required conditions of release and permissive conditions of release. The bill requires all counties to develop a pretrial services program by April 1, 2021, which is approved by the chief judge of the judicial district where the county is located. The pretrial services program shall use a pretrial risk assessment instrument approved by the DCJ. Each pretrial services program shall provide an annual report to the department of public safety, which shall provide a report to specified legislative committees. The bill creates a pretrial services fund to provide counties with funds to operate or assist in the operation of a pretrial services program. (Note: This summary applies to this bill as introduced.)  6/10/2020 Senate Committee on Appropriations Postpone Indefinitely
Amend  
SB20-162Changes Related To Federal Family First Policy 

Fiscal Note 

B. Rankin (R) | D. Moreno (D) / S. Gonzales-Gutierrez (D) | K. Ransom (R) Oppose Unless Amended Oppose The act updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including: Updating the definition of "kin" to ensure that kin are eligible for prevention services; Updating the definition of "qualified individual" to clarify eligibility; Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division; Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements; Adding information about prevention services and the authority of county departments of human or social services to provide prevention services; Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements; Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement; Setting a new requirement that residential child care facilities must renew licenses annually; and Requiring the existing delivery of the child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before December 15, 2020. The act makes the following appropriations for the 2020-21 state fiscal year: $936,412 is reduced from the general fund and increased from the reappropriated funds for the department of human services executive director's office for employment and regulatory affairs; $546,652 is appropriated to the department of human services executive director's office for legal services and the administrative review unit; $91,039 in anticipated federal funds is appropriated to the office of information technology services for Colorado trails and the division of child welfare for administration; $242,250 is appropriated to the office of the governor for department of human services information technology; $38,376 is appropriated to the department of law for department of human services legal services; $211,200 is appropriated to the judicial department for office of the child's representative personal services; and $178,560 is appropriated to the judicial department for respondent parents' counsel personal services.(Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Signed
Oppose  
SB20-168Sustainable Severance & Property Tax Policies 

Fiscal Note 

C. Hansen (D) | B. Pettersen (D) / A. Valdez (D)   The bill modifies the community solar garden property tax exemption, which exempts the percentage of alternating current electricity capacity of a community solar garden that is attributed to subscribers who are tax exempt, by: Extending the exemption for 5 more property tax years ( section 1 of the bill); and Expanding the exemption to apply to a community solar garden that is a solar energy facility, which is assessed statewide ( section 2 ). For the period that the exemption is extended, the state will reimburse local governments for the lost property tax revenues that result from the newly expanded credit. These payments will be made from the sustainable energy tax policy fund, which consists of the increased revenue as a result of changes to the coal tax made in sections 4 and 5 , and the general fund if there is insufficient money in the fund. In years when the state is required to refund excess state revenues under section 20 of article X of the state constitution (TABOR), the reimbursements to the counties are a TABOR refund mechanism. This refund mechanism only applies after the refunds made to counties for the reimbursements for the senior homestead exemption ( sections 1 and 6 ). Locally assessed solar energy facilities are valued by assessors using valuation procedures developed by the property tax administrator (administrator). Currently, the administrator is required to utilize a cost approach to valuation for all renewable energy facilities. This valuation currently involves a "tax factor" based on a 20-year period. Section 2 extends this period by 10 years and specifies that after the 30 years, 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 will be required to utilize the income approach used for solar energy facilities for a renewable energy facility that would qualify as a solar energy facility if it generated more energy, so that all similar facilities will be valued in the same manner. For purposes of the severance tax on coal, beginning July 1, 2021, section 4 eliminates the quarterly exemption on the first 300,000 tons of coal and the credit for coal produced from underground mines and for the production of lignitic coal. Prior to June 30, 2026, the additional severance tax that results from these changes will be credited to the sustainable energy policy fund, and thereafter it is allocated like other severance tax revenue (section 5).(Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
Monitor  
SB20-170Update Colorado Employment Security Act 

Fiscal Note 

J. Danielson (D) / D. Jackson (D) | M. Duran (D)   For the purpose of establishing a worker's eligibility for unemployment benefits,"immediate family" includes: A sibling of the worker who is under 18 years of age and for whom the worker stands in loco parentis; and A sibling of the worker who is incapable of self-care due to a mental or physical disability or a long-term illness. A worker who separates from a job because the worker reasonably believes that continuing employment would jeopardize the safety of the worker or any member of the worker's immediate family as a result of domestic violence no longer must provide certain documentation to establish the worker's eligibility for unemployment benefits. The term "severance allowance" is substituted for "remuneration" in a provision that concerns remuneration received by an individual who has been separated from employment. Subject to the approval of the executive director of the department of labor and employment, the director of the division of unemployment insurance may enter into an interagency agreement with the department of law for assistance in enforcing certain provisions concerning the misclassification of employees by an employer. Fines imposed pursuant to the enforcement of laws concerning employment security must be transferred to the department of labor and employment and credited to the unemployment revenue fund. (Note: This summary applies to this bill as enacted.)  7/14/2020 Governor Signed
  
SB20-172Bail Hearing Within 48 Hours Of Arrest 

Fiscal Note 

P. Lee (D) | V. Marble (R) / L. Herod (D) | M. Soper (R)   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 July 1, 2021, for in-county arrestees and July 1, 2022, for out-of-county arrestees. 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. The bill creates the county assistance for bond hearings grant program, which will allow the state court administrator to provide grants to counties to purchase or upgrade audiovisual devices to allow jails and district attorneys to connect with the court to allow remote audiovisual bond hearings.(Note: This summary applies to this bill as introduced.)  6/13/2020 Senate Committee on Appropriations Postpone Indefinitely
Monitor  
SB20-181Measures On Incompetent To Proceed 

Fiscal Note 

P. Lee (D) / M. Weissman (D)   Under current law, a competency report must include an opinion regarding whether the defendant can be restored to competency. In relation to that report and opinion: If a court within the previous 5 years has found that the defendant will not attain competency within the reasonably foreseeable future and the evaluator provides an opinion that there is a substantial probability of attaining competency within the reasonably foreseeable future, the act requires the evaluator to state why the defendant's circumstances are different from the prior court's finding; When the defendant is diagnosed with a moderate to severe intellectual or developmental disability, acquired or traumatic brain injury, or dementia that affects the defendant's ability to gain or maintain competency and the evaluator's opinion is that there is a substantial probability of attaining competency, the act requires the evaluator to state whether the evaluator believes there are unique or different services outside the standard competency restoration curriculum developed by the department that the defendant may need in order to be restored to competency within the reasonably foreseeable future; and When the defendant has been found incompetent to proceed 3 or more times over the previous 3 years in the current case or any other case and even if the defendant is later restored, the act requires the evaluator to specifically identify those instances of findings of incompetency in the report. When the defendant's evaluation includes one of the above situations, the court shall hold a hearing, within 35 days of receiving the report, on the issue of whether there is a substantial probability that the defendant will be restored to competency within the reasonably foreseeable future. At the hearing, there is a presumption that the defendant will not attain competency within the reasonably foreseeable future. A party attempting to overcome that presumption must prove by a preponderance of the evidence that there is a substantial probability that restoration efforts will be successful within the reasonably foreseeable future. Under current law, when a defendant is found incompetent to proceed and charged with certain offenses that are not victims' rights act crimes, the court may dismiss those charges. The act removes the victims' rights act crimes limitation. When the defendant is in custody on a misdemeanor, petty offense, or traffic offense, and is incompetent to proceed, the act requires the court to set a hearing on bond within 7 days of the defendant being found incompetent to proceed. At the bond hearing there is a presumption that the court shall order a personal recognizance bond. If the court does not order a personal recognizance bond, the court shall make findings of fact based on clear and convincing evidence that extraordinary circumstances exist to overcome the presumption of a release and the clinical recommendation for outpatient treatment. When a defendant is found incompetent to proceed or when civil commitment proceedings are initiated in a municipal case, the municipal court shall dismiss the case. (Note: This summary applies to this bill as enacted.)  6/29/2020 Governor Signed
  
SB20-186Colorado Redistricting Commissions 

Fiscal Note 

S. Fenberg (D) | C. Holbert (R) / A. Garnett (D) | P. Neville (R)   Section 1 of the act repeals the existing statutory criteria for congressional districts. Sections 2 to 13 of the act establish statutory provisions concerning congressional districts established by the new independent congressional redistricting commission (congressional commission) and update the existing statutory provisions related to the independent legislative redistricting commission (legislative commission), including: Stating the general assembly's intent that the congressional commission and legislative commission (commissions) apply the correct federal citation to the "Voting Rights Act of 1965" rather than the incorrect citation contained in the Colorado constitution; Requiring the legislative commission to designate which year an election for each senate district takes place and to specify from which district a new senator is elected when there is a vacancy in a senatorial district; Requiring the commissions to provide maps of the proposed and final congressional and legislative districts to county clerks, the Colorado supreme court, and the secretary of state; Requiring boards of county commissioners to approve new precinct boundaries and to notify the secretary of state and major party chairs of the new precinct boundaries; Specifying how the secretary of state may correct a redistricting plan if an approved plan fails to include property in any district, includes property in more than one district, or splits a residential parcel; Specifying that the boundaries of a district approved in a redistricting plan do not change if there is a change in a county or municipal boundary; and Requiring the secretary of state to provide maps of districts to candidates. Section 14 of the act requires the commissions to use the total population used by the federal census bureau in reapportioning the seats in congress as adjusted by nonpartisan staff to move certain prisoners from being counted in the prison. Section 15 of the act creates separate accounts within the legislative department cash fund (cash fund) for each of the commissions and transfers money from the cash fund to each of the commissions to pay for their work. Sections 16 to 18 of the act make conforming amendments to update the statutes on the redistricting account in the legislative cash fund, the "Colorado Open Records Act", and duties of county commissioners to reflect the congressional and legislative commissions. Sections 19 to 25 of the act contain nonstatutory provisions relating to the commissions as required by the state constitution, including: Appointing nonpartisan staff to assist the commissions; Directing staff to prepare forms for and review applications from persons interested in serving on the commissions and assisting the panels of retired justices and judges who appoint members of the commissions; Assembling the necessary hardware, software, and information necessary for the commissions and nonpartisan staff to redistrict congressional and legislative districts; and Establishing the necessary procedures for the judicial panels, commissions, and nonpartisan staff to receive a per diem and reimbursement of expenses.(Note: This summary applies to this bill as enacted.)  7/11/2020 Governor Signed
Monitor  
SB20-194Brew Pub Retail Sales Malt Liquor Sealed Container 

Fiscal Note 

J. Bridges (D) | S. Fenberg (D) / M. Gray (D) | K. Van Winkle (R)   The bill allows a licensed brew pub to sell to the public in sealed containers for off-premises consumption malt liquors that are manufactured at a separate licensed brew pub under the same ownership as the brew pub at which the retail sale occurs. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)  7/10/2020 Governor Signed
  
SB20-205Sick Leave For Employees 

Fiscal Note 

S. Fenberg (D) | J. Bridges (D) / K. Becker (D) | Y. Caraveo (D)   On the effective date of the act through December 31, 2020, all employers in the state, regardless of size, are required to provide each of their employees paid sick leave for reasons related to the COVID-19 pandemic in the amounts and for the purposes specified in the federal "Emergency Paid Sick Leave Act" in the "Families First Coronavirus Response Act". Starting January 1, 2021, for employers with 16 or more employees, and starting January 1, 2022, for all employers, the act requires employers to provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year. An employee begins accruing paid sick leave when the employee's employment begins, may use paid sick leave as it is accrued, and may carry forward and use in subsequent calendar years up to 48 hours of paid sick leave that is not used in the year in which it is accrued. An employer is not required to allow the employee to use more than 48 hours of paid sick leave in a year. Employees may use accrued paid sick leave to be absent from work for the following purposes: The employee has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care; The employee needs to care for a family member who has a mental or physical illness, injury, or health condition; needs a medical diagnosis, care, or treatment related to such illness, injury, or condition; or needs to obtain preventive medical care; The employee or family member has been the victim of domestic abuse, sexual assault, or harassment and needs to be absent from work for purposes related to such crime; or A public official has ordered the closure of the school or place of care of the employee's child or of the employee's place of business due to a public health emergency, necessitating the employee's absence from work. In addition to the paid sick leave accrued by an employee, the act requires an employer, regardless of size, to provide its employees an additional amount of paid sick leave during a public health emergency in an amount based on the number of hours the employee works. The act prohibits an employer from retaliating against an employee who uses the employee's paid sick leave or otherwise exercises the employee's rights under the act. Employers are required to notify employees of their rights under the act by providing employees with a written notice of their rights and displaying a poster, developed by the division of labor standards and statistics (division) in the department of labor and employment (department), detailing employees' rights under the act. The director of the division will implement and enforce the act and adopt rules necessary for such purposes. An employer found in violation of the act is liable to the employee for back pay and other equitable damages. The act treats an employee's information about the employee's or a family member's health condition or domestic abuse, sexual assault, or harassment case as confidential and prohibits an employer from disclosing such information or requiring the employee to disclose such information as a condition of using paid sick leave. The act specifies the conditions in which collective bargaining agreements result in compliance with, or exemption from, the act. $206,566 is appropriated to the department for use by the division to implement the act, based on the assumption that the division will require an additional 2.7 FTE for such purpose. (Note: This summary applies to this bill as enacted.)  7/14/2020 Governor Signed
  
SB20-206Public Assistance Program Recipient Disqualification 

Fiscal Note 

N. Todd (D) | J. Cooke (R) / L. Landgraf (R) | J. Singer (D)   Current law disqualifies a recipient who is found to have committed an intentional violation from participation in any public assistance program for a specified amount of time. The act clarifies that a recipient who is found to have committed an intentional violation is only disqualified from participating in the public assistance program in which the recipient is found to have committed the intentional violation. (Note: This summary applies to this bill as enacted.)  7/2/2020 Governor Signed
  
SB20-207Unemployment Insurance 

Fiscal Note 

C. Hansen (D) | F. Winter (D) / M. Gray (D) | T. Sullivan (D)   Beginning in calendar year 2021 and each year thereafter, the act increases the amount of wages paid to an individual employee during a calendar year on which the employer of that employee is required to pay premiums to the unemployment compensation fund (fund). The act exempts payment for services to an election judge, up to the maximum amount permissible by federal law, for the purposes of calculating total unemployment compensation benefits. Current law requires the weekly total and partial unemployment benefit amounts to be reduced by the amount of an individual's wages that exceeds 25% of the weekly benefit amount. For the next 2 calendar years only, the act changes the deduction amount to the amount of an individual's wages that exceeds 50% of the weekly benefit amount. When determining whether an individual qualifies for unemployment insurance, the act directs the division of unemployment insurance (division) in the department of labor and employment (department) to consider whether the individual has separated from employment or has refused to accept new employment because: The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer's business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; or an executive order issued by the governor, or a public health order issued by the department of public health and environment or a local government, requiring the employer to close the business or modify the operation of the business; The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or The employee is immunocompromised and more susceptible to illness during a public health emergency. The act changes the time period that an interested party has to respond to a notice of claim received by the division concerning unemployment benefits from 12 calendar days to 7 calendar days. Current law authorizes the division to approve a work share plan submitted by an employer if the employee's normal weekly work hours have been reduced by at least 10% but not more than 40%. The act changes the amount that hours may be reduced to an amount consistent with rules adopted by the division and federal law. The act removes the cap on the amount of money that can be paid into and remain in the employment support fund. The act prohibits the division from assessing a solvency surcharge for the fund on employers for the calendar years 2021 and 2022. The act requires the state treasurer to transfer any unexpended federal funds received by the state from the federal "CARES Act" to the fund prior to the close of business on December 30, 2022. The act requires the office of future of work in the department to study unemployment assistance as part of a study on the modernization of worker benefits and protections and report its findings to the governor and the general assembly. (Note: This summary applies to this bill as enacted.)  7/14/2020 Governor Signed
  
SB20-211Limitations On Extraordinary Collection Actions 

Fiscal Note 

F. Winter (D) | J. Gonzales (D) / L. Herod (D)   The act prohibits a judgment creditor from initiating a new extraordinary collection action from the effective date of the act through November 1, 2020, except in accordance with the requirements of the act. An extraordinary collection action is defined as an action in the nature of a garnishment, attachment, levy, or execution to collect or enforce a judgment on a debt as defined under the "Colorado Fair Debt Collection Practices Act" (FDCPA). Before initiating an extraordinary collection action, the judgment creditor must send a notice to the judgment debtor explaining that the judgment debtor can temporarily suspend the extraordinary collection action if the debtor is facing financial hardship as a result of the COVID-19 emergency. To exercise this right, the debtor is required to notify the judgment creditor that the debtor is experiencing hardship as a result of the crisis. The judgment debtor is not required to provide additional documentation to the judgment creditor. The use of an extraordinary collection action during the period of the prohibition constitutes an unfair and unconscionable means of collecting a debt under the FDCPA. The administrator of the "Uniform Consumer Credit Code" (administrator) is authorized to issue an order extending the prohibition through February 1, 2021, if the administrator finds that the extension is necessary to preserve the resources of state and local agencies or to protect the residents of Colorado from economic hardship as a result of the disaster emergency caused by COVID-19. From June 29, 2020, through February 1, 2021, up to $4,000 cumulative in a depository account or accounts in the debtor's name is exempt from levy and sale under a writ of attachment or execution. An attempt to collect amounts in excess of what is permitted under statutes limiting garnishment, attachment, and execution is an unfair or unconscionable debt collection practice for purposes of the FDCPA. (Note: This summary applies to this bill as enacted.)  6/30/2020 Governor Signed
  
SB20-212Reimbursement For Telehealth Services 

Fiscal Note 

F. Winter (D) | J. Tate (R) / S. Lontine (D) | M. Soper (R)   The act prohibits a health insurance carrier from: Imposing specific requirements or limitations on the HIPAA-compliant technologies used to deliver telehealth services; Requiring a covered person to have a previously established patient-provider relationship with a specific provider in order to receive medically necessary telehealth services from the provider; or Imposing additional certification, location, or training requirements as a condition of reimbursement for telehealth services. The act specifies that, to the extent the state board of health adopts rules addressing supervision requirements for home care agencies, the rules must allow for supervision in person or by telemedicine or telehealth. For purposes of the medicaid program, the act: Requires the department of health care policy and financing (state department) to allow home care agencies to supervise services through telemedicine or telehealth; Clarifies the methods of communication that may be used for telemedicine; Requires the state department to reimburse rural health clinics, the federal Indian health service, and federally qualified health centers for telemedicine services provided to medicaid recipients and to do so at the same rate as the department reimburses those services when provided in person; Requires the state department to post telemedicine utilization data to the state department's website no later than 30 days after the effective date of the act and update the data every other month through state fiscal year 2020-21; and Specifies that health care and mental health care services include speech therapy, physical therapy, occupational therapy, hospice care, home health care, and pediatric behavioral health care. The act appropriates $5,068,381 to the state department from the care subfund for telemedicine expansion services and prohibits the state department from using the appropriation for the state-share of medicaid services. (Note: This summary applies to this bill as enacted.)  7/7/2020 Governor Signed
  
SB20-213Alcohol Beverage Retail Takeout And Delivery 

Fiscal Note 

J. Bridges (D) | K. Priola (R) / C. Larson (R) | D. Roberts (D)   The act authorizes a business (retailer) with one of the following types of alcohol beverage licenses to sell and deliver alcohol beverages to customers, including by the drink, for off-premises consumption and to allow customers to take alcohol beverages off the licensed premises: A manufacturer or wholesaler license, if the retailer operates a sales room; A beer and wine license; A hotel and restaurant license; A tavern license; A brew pub license; A club license; A vintner's restaurant license; A distillery pub license; A lodging and entertainment license; or A fermented malt beverage on- and off-premises retailer's license or on-premises retailer's license. To engage in the sale and delivery of alcohol beverages for off-premises consumption, a retailer must: Sell or deliver the alcohol beverages in a sealed container that complies with state licensing authority rules; Sell or deliver alcohol beverages only to a customer who is 21 years of age or older; If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, a brew pub, a vintner's restaurant, or a distillery pub, sell or deliver no more than 750 milliliters of vinous liquors and spirituous liquors and no more than 72 fluid ounces of malt liquors, fermented malt beverages, and hard cider; If the governor has not declared a disaster emergency, or the retailer is not a wholesaler or manufacturer that operates a sales room, derive no more than 50% of its gross annual revenues for sales of food and alcohol beverages from the sale of alcohol beverages through takeout orders and deliveries; If the governor has not declared a disaster emergency, obtain a state and, if applicable, local permit to sell takeout or deliver alcohol beverages; and Permit delivery only by an employee of the licensee who is 21 years of age or older and who has satisfactorily completed seller and server training under the responsible vendor program. The act directs the state licensing authority to adopt rules: Specifying the types of containers to be used for delivery of alcohol beverages; Creating a state permit for retailers to engage in takeout and delivery of alcohol beverages; Setting fees for takeout and delivery state permits; and Concerning any other matters necessary to implement the bill act. If a business demonstrates the ability to comply with the requirements of the act, the state licensing authority is required to issue a takeout and delivery permit to the retailer. The act authorizes local licensing authorities to create a local takeout and delivery permit and establish fees to process and approve applications. If a local licensing authority creates a local takeout and delivery permit, a retailer wishing to engage in takeout and delivery of alcohol beverages, other than a manufacturer or wholesaler that operates a sales room, must obtain the local takeout and delivery permit in addition to the state permit and must apply simultaneously to the state and local licensing authorities. The act does not apply to any other person licensed or permitted under the "Colorado Liquor Code" or the "Colorado Beer Code" or to a caterer that is licensed to sell alcohol beverages. The act repeals on July 1, 2021. (Note: This summary applies to this bill as enacted.)  7/10/2020 Governor Signed
  
SB20-215Health Insurance Affordability Enterprise 

Fiscal Note 

D. Moreno (D) | K. Donovan (D) / C. Kennedy (D) | J. McCluskie (D)   The bill establishes the health insurance affordability enterprise, for purposes of section 20 of article X of the state constitution, that is authorized to assess a health insurance affordability fee (insurer fee) on certain health insurers and a special assessment (hospital assessment) on hospitals in order to: Provide business services to carriers that pay the fee, including services to increase enrollment in health benefit plans offered by carriers across the state; increasing the number of individuals who are able to purchase health benefit plans in the individual market by providing financial support for certain qualifying individuals; funding the reinsurance program that offsets the costs carriers would otherwise pay for covering consumers with high medical costs; improving the stability of the market throughout the state by providing consistent private health care coverage and reducing the movement of individuals between group and individual coverage and from insured to uninsured status; and reducing provider cost shifting from the individual market and the uninsured to the group market; and creating a healthier risk pool for all carriers by establishing a path for consistent coverage for individuals; and Provide business services to hospitals, including increasing hospital revenues by reducing the amount of uncompensated care provided by hospitals; and reducing the need of providers to shift costs of providing uncompensated care to other payers ; and expanding access to high-quality, affordable health care for low-income and uninsured residents . The enterprise is to start assessing and collecting the insurer fee in 2021, which fee is based on a percentage of premiums collected by health insurers in the previous calendar year on health benefit plans issued in the state. The hospital assessment is a specified amount assessed and collected in the 2022 and 2023 calendar years. Money collected from the insurer fee and hospital assessment is to be deposited in the health insurance affordability cash fund (fund), which the bill creates. The bill also transfers an amount of premium taxes collected by the state in 2020 or later years that exceeds the amount collected in 2019, but not more than 10% of the enterprise's revenues, to the fund. The enterprise is required to use the insurer fee, the hospital assessment, and any premium tax revenues or other money available in the fund, in accordance with the allocation specified in the bill, for the following purposes: To provide funding for the reinsurance program established by House Bill 19-1168; To provide payments to carriers to increase the affordability of health insurance on the individual market for Coloradans who receive the premium tax credit available under federal law; To provide subsidies for state-subsidized individual health coverage plans purchased by qualified low-income individuals who are not eligible for the premium tax credit or public assistance health care programs; To pay the actual administrative costs of the enterprise and the division of insurance for implementing and administering the bill, limited to 3% of the enterprise's revenues; and To pay the costs for consumer enrollment, outreach, and education activities regarding health care coverage. The enterprise is governed by a 9-member board composed of the executive director of the Colorado health benefit exchange and the commissioner of insurance or their designees and 7 members appointed by the governor and representing various aspect of the health care industry and health care consumers. With regard to the reinsurance program and enterprise established pursuant to House Bill 19-1168, the bill: Incorporates the reinsurance program enterprise within the health insurance affordability enterprise; Eliminates funding for the reinsurance program from special assessments on hospitals and health insurers, excess premium tax revenues, and specified transfers from the state general fund and instead allocates a portion of the health insurance affordability enterprise revenues to the reinsurance program annually; and Extends the reinsurance program, subject to federal approval of a new or extended state innovation waiver to enable the state to operate the reinsurance program and access federal funding for the program. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)  6/30/2020 Governor Signed
Strongly Oppose  
SB20-216Workers' Compensation For COVID-19 

Fiscal Note 

R. Rodriguez (D) / K. Mullica (D)   The bill provides that, for purposes of the "Workers' Compensation Act of Colorado", if an essential worker who works outside of the home contracts COVID-19, the contraction is: Presumed to have arisen out of and in the course of employment; and A compensable accident, injury, or occupational disease. An essential worker is considered to have contracted COVID-19 if the worker tests positive for the virus that causes COVID-19, is diagnosed with COVID-19 by a licensed physician, or has COVID-19 listed as the cause of death on the worker's death certificate. (Note: This summary applies to this bill as introduced.)  6/10/2020 Senate Committee on Appropriations Postpone Indefinitely
Oppose; Monitor  
SB20-217Enhance Law Enforcement Integrity 

Fiscal Note 

L. Garcia (D) | R. Fields (D) / L. Herod (D) | S. Gonzales-Gutierrez (D)   Beginning July 1, 2023, the act requires all local law enforcement agencies and the Colorado state patrol to issue body-worn cameras to their officers, except for those working in jails, working as administrative or civilian staff, the executive detail of the state patrol, and those working in court rooms. A peace officer shall wear and activate a body-worn camera when responding to a call for service or during any interaction with the public initiated by the peace officer when enforcing the law or investigating possible violations of the law. A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident or contact that is not related to the initial incident; and during administrative, tactical, and management discussions. A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover. The act creates inferences, presumptions, and sanctions for failing to activate or tampering with a body-worn camera. The act requires all recordings of an incident be released to the public within 21 days after the local law enforcement agency or Colorado state patrol receives a complaint of misconduct. The act allows for redaction or nonrelease of the recording to the public if there is a specified privacy interest at stake. Beginning July 1, 2023, the act requires the division of criminal justice in the department of public safety (division) to create an annual report of the information that is reported to the division, aggregated and broken down by state or local agency that employs peace officers, along with the underlying data. Each local agency and the Colorado state patrol that employs peace officers shall report to the division: All use of force by its peace officers that results in death or serious bodily injury; All instances when a peace officer resigned while under investigation for violating department policy; All data relating to contacts conducted by its peace officers; and All data related to the use of an unannounced entry by a peace officer. The division of criminal justice shall maintain a statewide database with data collected in a searchable format and publish the database on its website. Any state or local law enforcement agency that fails to meet its reporting requirements is subject to suspension of its funding by its appropriating authority. If any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of physical force or the failure to intervene in another officer's use of unlawful force or is found civilly liable in either case, the P.O.S.T. board shall permanently revoke the peace officer's certification. The P.O.S.T. board shall not, under any circumstances, reinstate the peace officer's certification or grant new certification to the peace officer unless exonerated by a court. The act states that in response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not: Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back; Discharge kinetic impact projectiles indiscriminately into a crowd; or Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order. The act allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity is not a defense to the civil action. The act requires a political subdivision of the state to indemnify its employees for such a claim; except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment. A public entity does not have to indemnify a peace officer if the peace officer was convicted of a criminal violation for the conduct from which the claim arises. The act creates a new use of force standard by limiting the use of physical force and limiting the use of deadly force when force is authorized. The act prohibits a peace officer from using a chokehold. The act requires a peace officer to intervene when another officer is using unlawful physical force and requires the intervening officer to file a report regarding the incident. If a peace officer fails to intervene when required, the P.O.S.T. shall decertify the officer. Under current law, if a grand jury does not bring charges against a person, the grand jury may issue a report. The act requires the grand jury to issue a report when it does not charge a person. Beginning, January 1, 2022, the act requires the P.O.S.T. board to create and maintain a database containing information related to a peace officer's: Untruthfulness; Repeated failure to follow P.O.S.T. board training requirements; Decertification; and Termination for cause. The act makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by peace officers that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. Whenever the attorney general has reasonable cause to believe that a violation of this provision has occurred, the attorney general may in a civil action obtain any and all appropriate relief to eliminate the pattern or practice. The act allows the P.O.S.T. board to revoke peace officer certification for a peace officer who has failed to complete required peace officer training after giving the officer 30 days to satisfactorily complete the training. The act gives the P.O.S.T. board the authority to promulgate rules for enforcement of the provisions related to peace officer certification. The attorney general may bring criminal charges for violations of the provisions related to peace officer certification if violation is willful or wanton, or impose fines upon any individual officer or agency for failure to comply with the provisions related to peace officer certification. The act requires a peace officer to have a legal basis for making a contact. After making a contact, a peace officer shall report to the peace officer's employing agency information that the agency is required to report to the division of criminal justice. The act appropriates $617,478 from the highway users tax fund to the department of public safety for use by the Colorado state patrol. To implement this act, the patrol may use this appropriation as follows: $50,288 for civilians, including an additional 1.0 FTE; $7,550 for operating expenses; $463,700 for information technology asset maintenance; and $95,940 for the purchase of legal services, which is reappropriated to the attorney general's office.(Note: This summary applies to this bill as enacted.)  6/19/2020 Sent to the Governor