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 bill 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. Under current law, if a minor purchases or attempts to purchase any one of the products, the minor may be convicted of a class 2 petty offense subject to a $100 fine. In addition to raising the minimum age from 18 years of age to 21 years of age, section 1 also repeals the criminal penalty for purchasing or attempting to purchase the products as a minor. Section 7 also 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. Section 9 requires every retailer of the products in the state, on and after July 1, 2021, to be licensed. The liquor enforcement division (division) of the department of revenue 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; 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 directly to consumers. Section 11 governs enforcement of the licensing requirements. Section 12 adjusts the fine amounts for violating the prohibition against selling products to minors from a maximum fine for a fifth or subsequent violation within 24 months of $1,000 to $15,000 to a maximum fine for a fourth or subsequent violation in 36 months of $1,000 to $15,000. Additionally, the division must prohibit a retailer who commits a second or subsequent violation within 36 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 36 months, to at least 30 days for a third violation within 36 months, and finally for up to 3 years for a fourth or subsequent violation within 36 months. Additionally, section 12 establishes fines for selling or offering to sell products without a valid state license on or after July 1, 2021, with the amount of fines ranging from $1,000 for a first violation to $3,000 for a third or subsequent violation. If a person sells or offers to sell products without a valid state license at least 3 times in a 36-month period, the person is not eligible to apply for a state license for 3 years thereafter. Section 12 also adjusts the period within which a subsequent violation of the prohibition against selling products from a vending machine or the requirement to display a warning at the retail location is subject to an increased fee from 24 months to 36 months. Further, section 12 also applies the same fine structure as exists for 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. Sections 13 through 17 make conforming amendments.(Note: This summary applies to this bill as introduced.)  2/12/2020 House Committee on Health & Insurance Refer Amended to Finance
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.)  1/29/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
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  Opioid and Other Substance Use Disorders Study Committee. The bill requires the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities to make available at least one opioid agonist and one opioid antagonist to a person in custody with an opioid use disorder throughout the duration of the person's incarceration or commitment. The bill allows a person to dispose of any controlled substances at a safe station and request assistance in gaining access to treatment for a substance use disorder. The bill defines a "safe station" as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station. The bill requires the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release. The bill 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. If a person who is the subject of a petition to seal criminal records has entered into or successfully completed a licensed substance use disorder treatment program, the court is required to consider such factor favorably in determining whether to issue the order. The bill allows the office of behavioral health in the department of human services to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. The bill requires the department of human services to include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART presentation. The bill appropriates money to the office of behavioral health in the department of human services for criminal justice diversion programs. (Note: This summary applies to this bill as introduced.)  2/12/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Amend  
HB20-1019Prison Population Reduction And Management 

Fiscal Note 

L. Herod (D) / J. Gonzales (D) Monitor   Prison Population Management Interim Study Committee. Under current law, the Centennial south campus of the Centennial correctional facility is only able to house inmates under limited circumstances. The bill would open the facility for up to 650 close custody inmates. and require that for each inmate who is housed at the facility, an inmate must be removed from a private prison until the facility is full. The bill states that out-of-state prisoners are not allowed in private prisons in the state unless the executive director of the department of corrections (department), in consultation with the governor, determines that exigent circumstances require that inmates be housed in private prisons in order to protect public, health, or safety. The bill directs the department of corrections (department) to study how to end the practice of using the impact on ending the use of private prisons. by 2025 in a responsible way. The department will 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. The department shall consult with county commissioners of the counties in which private prisons are located. The study must include: Evidence-based strategies to stop using private prisons and move individuals into alternative facilities or programs; An analysis of the economic impacts on affected communities, including the loss of local tax revenue; An analysis of the impact that reducing private prison beds would have on local governments and community-based providers; A utilization analysis of all state-operated facilities and all other facilities that can be used for housing inmates; An analysis of the effect of releasing sex offenders who are assessed as low risk; An analysis of what state-operated facilities and programs may be utilized to keep pace with demand; An analysis of the best practices and programs that are necessary for successful reintegration of offenders, alternatives to incarceration, and recidivism reduction strategies consistent with public safety ; An analysis of the feasibility of the department to obtain private prison facilities in Colorado; and An analysis of the resources necessary to accomplish the strategies required to transition the state away from private prisons if the decision is made to transition the state away from private prisons . The bill adds to the list of achievements that allow an inmate to receive earned time showing exemplary leadership through mentoring, community service, and distinguished actions benefiting 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 bill requires the sentencing court to provide the offender with an evidentiary hearing, or in the alternative a new sentencing hearing for any termination from a community corrections program. The bill amends the escape statutes to exclude direct sentences, 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 from the concepts of custody or confinement for purposes of escape. The bill lowers the penalties for escape and attempted escape crimes. The bill creates a new crime of absconding if the location of a person on intensive supervision parole or a person in a community corrections program is unknown to the authorized agency responsible for the person's supervision. The bill 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 bill appropriates $250,000 from the general fund for the study required by the bill. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)  2/24/2020 Senate Third Reading Passed - No Amendments
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 1 7 , 2025, the bill: Removes Douglas, Elbert, and Lincoln counties from the eighteenth judicial district; Creates a twenty-third judicial district composed 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. Effective July 1 January 7 , 2025, the bill increases the number of judges in the twenty-third judicial district by one. The bill 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 the counties of Douglas, Elbert, and Lincoln; 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 bill 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 bill 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, 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: 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.)  2/25/2020 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
Support  
HB20-1035Programs To Develop Housing Support Services 

Fiscal Note 

J. Singer (D) / R. Fields (D) Support   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.)  1/29/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
Support  
HB20-1045Energy Efficiency Improvement Programs Funding 

Fiscal Note 

C. Kennedy (D) Monitor   Investor-owned Utility Review Interim Study Committee. To ensure consistent funding of energy efficiency improvement programs, including the state weatherization assistance program, the bill establishes a formula by which the general assembly will authorize the state treasurer to transfer money from the general fund to the Colorado energy office low-income energy assistance fund or the energy outreach Colorado low-income energy assistance fund for use for energy efficiency improvement programs if, in a given year, an amount less than $1 million is transferred from the severance tax operational fund to the Colorado energy office low-income energy assistance fund or the energy outreach Colorado low-income energy assistance fund. The formula calls for a transfer of money from the general fund in an amount equal to 75% of the difference between the amount transferred from the severance tax operational fund to one of the funds and $1 million.(Note: This summary applies to this bill as introduced.)  1/8/2020 Introduced In House - Assigned to Energy & Environment + Appropriations
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 bill 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: 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.)  2/3/2020 Introduced In Senate - Assigned to Judiciary
Support  
HB20-1065Harm Reduction Substance Use Disorders 

Fiscal Note 

C. Kennedy (D) | L. Herod (D) / B. Pettersen (D) | K. Priola (R)    Opioid and Other Substance Use Disorders Study Committee. The bill: 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 ( section 1 of the bill); Allows a pharmacist or pharmacy technician to sell a nonprescription syringe or needle to any person ( sections 2 and 5 ); 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 ( sections 3 and 4 ); Removes the requirement that entities first receive local board of health approval before operating a clean syringe exchange program ( sections 6 and 7 ); and Provides that money in the harm reduction grant program cash fund is continuously appropriated to the department of public health and environment for purposes of the harm reduction grant program and establishes an annual appropriation of an amount equal to the appropriation for the 2019-20 fiscal year plus $250,000 ( section 8 ).(Note: This summary applies to this bill as introduced.)  2/19/2020 House Committee on Health & Insurance Refer Amended to Appropriations
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.)  1/29/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
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.)  2/5/2020 House Second Reading Laid Over Daily - No Amendments
Oppose  
HB20-1085Prevention Of Substance Use Disorders 

Fiscal Note 

C. Kennedy (D) | L. Herod (D) / F. Winter (D) | K. Priola (R)    Opioid and Other Substance Use Disorders Study Committee. The bill requires the commissioner of insurance (commissioner) to promulgate rules that establish diagnoses of covered conditions for which nonpharmacological alternatives to opioids are appropriate. Each health benefit plan is required to provide coverage for at least 6 physical therapy visits and 6 occupational therapy visits per year or 12 acupuncture visits per year, with a maximum of one copayment per year for 12 covered visits. The bill requires the commissioner to conduct an actuarial study to determine the economic feasibility prior to including acupuncture as a covered alternative treatment. ( section 1 of the bill). The bill prohibits an insurance carrier (carrier) from limiting or excluding coverage for an atypical opioid or a nonopioid medication that is approved by the federal food and drug administration by mandating that a covered person undergo step therapy or obtain prior authorization if the atypical opioid or nonopioid medication is prescribed by the covered person's health care provider. The carrier is required to make the atypical opioid or nonopioid medication available at the lowest cost-sharing tier applicable to a covered opioid with the same indication ( section 2 ). The bill 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 from 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 is required to take action against a carrier that the commissioner determines is not complying with these prohibitions ( section 3 ). 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 bill continues the prescribing limitation indefinitely ( sections 4 through 10 ). The bill requires the executive director of the department of regulatory agencies (department) to consult with the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) and the state medical board to promulgate rules establishing competency-based continuing education requirements for physicians and physician assistants concerning prescribing practices for opioids ( section 11 ). The bill modifies requirements for adding prescription information to the prescription drug monitoring program (program) and allows the department of health care policy and financing and the health information organization network access to the program ( sections 12 and 13 ). The bill continues indefinitely the requirement that a health care provider query the program before prescribing a second fill for an opioid and requires each health care provider to query the program before prescribing a benzodiazepine, unless certain exceptions apply. The bill also requires the director of the division of professions and occupations in the department to promulgate rules designating additional controlled substances and other prescription drugs to be tracked by the program. In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, the bill allows medical examiners and coroners to query the program when conducting a death investigation ( sections 13 through 15 ). The bill appropriates money to: The department of public health and environment annually to address opioid and other substance use disorders through local public health agencies ( section 16 ); The department of health care policy and financing to extend the operation of the substance use disorder screening, brief intervention, and referral to treatment grant program ( section 17 ); and The department of human services for allocation to the center for continuing education activities for opioid prescribers, including education for prescribing benzodiazepines ( section 18 ). The bill directs the office of behavioral health in the department of human services to convene a collaborative with institutions of higher education, nonprofit agencies, and state agencies for the purpose of gathering feedback from local public health agencies, institutions of higher education, nonprofit agencies, and state agencies concerning evidence-based prevention practices ( section 19 ).(Note: This summary applies to this bill as introduced.)  2/19/2020 House Committee on Health & Insurance Refer Amended to Appropriations
Support  
HB20-1093County Authority License And Regulate Business 

Fiscal Note 

J. McCluskie (D) | J. Wilson (R) / K. Donovan (D) | B. Rankin (R)  Support The bill grants a board of county commissioners the authority to license and regulate any business located or business activity occurring within the county, including short-term lodging rentals or advertising for such rentals, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. (Note: This summary applies to this bill as introduced.)  2/13/2020 Introduced In Senate - Assigned to Local Government
Monitor  
HB20-1095Local Governments Water Elements In Master Plans 

Fiscal Note 

J. Arndt (D) / J. Bridges (D)  Oppose The bill authorizes a local government master plan to include goals specified in the state water plan and to include policies that condition development approvals on implementation of those goals. The bill 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. (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.)  2/20/2020 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
Amend  
HB20-1100Pass-through Child Support Payments 

Fiscal Note 

M. Froelich (D) / L. Crowder (R) Support Oppose Unless Amended The bill 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 recipients if the general assembly appropriates funds insufficient to maintain the program 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 bill creates the child support collection fund. (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.)  2/21/2020 Introduced In Senate - Assigned to Health & Human Services
  
HB20-1103Colorectal Cancer Screening Coverage 

Fiscal Note 

J. Buckner (D) | P. Will (R) / R. Fields (D) | K. Priola (R)   Current law requires health insurance carriers (carriers) to provide preventive health insurance coverage for colorectal cancer screenings in accordance with U.S. preventive services task force guidelines. The bill requires carriers to instead provide coverage for colorectal cancer screenings in accordance with American Cancer Society guidelines. The coverage must include coverage for a colonoscopy or other medical test or procedure for colorectal cancer screening and a follow-up colonoscopy, if necessary, and coverage for high-risk individuals.(Note: This summary applies to this bill as introduced.)  2/20/2020 House Third Reading Laid Over Daily - No Amendments
Monitor  
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 bill 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 bill 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 the reengrossed version of this bill as introduced in the second house.)  2/10/2020 Introduced In Senate - Assigned to Judiciary
Monitor  
HB20-1105Colorado TRAILS System Requirements 

Fiscal Note 

T. Geitner (R) Monitor  The bill prohibits the department of human services (department) from including information about a person suspected of child abuse or neglect to the Colorado TRAILS system (system) absent notice and a hearing. The bill requires the department to provide the person with written notice of the department's intent to list the person's name in the system and request a hearing before a department administrative law judge (ALJ) within 14 days after making a finding substantiating the allegations. A hearing is not required if a court has issued an order in a proceeding in which allegations of child abuse or neglect are at issue. The bill specifies the procedural requirements for a hearing before an ALJ. The department is prohibited from releasing information about the person or the allegations against the person to a third party until all appeals are exhausted or waived. The bill requires the department to maintain each report of suspected child abuse or neglect for 2 years from the date the report is received. Two years after the date of the original adjudication, a person listed in the system may request to have the person's name expunged from the system by submitting a written request to the department. If the request for expungement is denied, the person must wait an additional 2 years before submitting another request for expungement. The department may administratively expunge the person's name from the system. (Note: This summary applies to this bill as introduced.)  1/14/2020 Introduced In House - Assigned to Public Health Care & Human Services
Oppose  
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.)  1/24/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
  
HB20-1123Grace Period Before Failure To Appear Warrant 

Fiscal Note 

S. Lontine (D) | M. Soper (R) / P. Lee (D)   The bill prohibits a court from issuing a warrant for failing to appear at a scheduled court appearance for 72 hours after the missed appearance. If the defendant presents himself or herself to the court during the 72-hour period, the court shall not issue a warrant. (Note: This summary applies to this bill as introduced.)  1/15/2020 Introduced In House - Assigned to Judiciary
Amend  
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 bill 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 the reengrossed version of this bill as introduced in the second house.)  2/13/2020 Introduced In Senate - Assigned to Local Government
Monitor  
HB20-1126Local Control Approvals Oil And Gas Applications 

Fiscal Note 

L. Saine (R) | P. Buck (R) / V. Marble (R) | J. Cooke (R)  Oppose Current law allows the director of the oil and gas conservation commission to delay the final determination regarding an oil and gas permit application pursuant to specified objective criteria. The bill repeals this authority and specifies that if a local government that has so-called "House Bill 1041 authority" approves an oil and gas application, the commission or director shall approve the application for a permit to drill.(Note: This summary applies to this bill as introduced.)  1/15/2020 Introduced In House - Assigned to Energy & Environment
Monitor  
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.)  2/19/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
Monitor  
HB20-1142Hazard Mitigation Grant Program 

Fiscal Note 

L. Cutter (D)  Oppose  Section 1 of the bill creates the hazard mitigation enterprise (enterprise). The enterprise collects a fee on insurance companies that offer certain insurance policies and use the fee revenue to finance the hazard mitigation grant program, provide public education on the importance of insurance in buying down risk and for the continuity of business operations, and provide local governments technical information and support on natural hazard mitigation through land use and building codes. The enterprise awards hazard mitigation grants to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster hazard mitigation measures. Section 2 sets the fee at .05% of the insurance premiums collected by insurance companies that offer certain insurance policies. The enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department of public safety is assigned regarding the grant program. (Note: This summary applies to this bill as introduced.)  2/20/2020 House Committee on Energy & Environment Refer Amended to Finance
Monitor; Support  
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 a maximum daily fine per violation of $47,357 for these violations. Sections 2 and 4 of the bill raise the maximum fine to $47,357 per day and direct the air quality control commission and the water quality control commission in the department of public health and environment (department) to annually adjust the maximum fine based on changes in the consumer price index. Current law allocates all water quality fines to the water quality improvement fund; section 4 authorizes the use of money in that fund to pay for projects addressing impacts to environmental justice communities. Section 4 also extends the repeal date for the water quality improvement fund to September 1, 2025. Current law allocates all air quality fines to the general fund; section 3 allocates them to the newly created community impact cash fund. Section 3 also: Specifies that the department is to use money in the community impact cash fund for environmental mitigation projects (EMPs); Defines an EMP as a project that avoids, minimizes, or mitigates the adverse effects of a violation or alleged violation of the air quality or water quality laws; Creates the environmental justice advisory board to recommend EMPs in response to violations or alleged violations that affect environmental justice communities; and Creates an environmental justice ombudsperson position within the department, who serves as chief staff to the advisory board and advocates for environmental justice communities. Section 3 also requires the department to post proposed EMPs on the department's website in a format that allows the public to submit comments on the proposed EMP, not approve an EMP until at least 45 days after the EMP has been posted on its website, and include a description of all approved EMPs in its departmental SMART Act presentations. Section 1 sunsets the advisory board on September 1, 2025. (Note: This summary applies to this bill as introduced.)  2/10/2020 House Committee on Energy & Environment Refer Amended to Finance
Monitor  
HB20-1147Reasonable Independence For Children In Activities 

Fiscal Note 

J. Buckner (D) | K. Ransom (R) / J. Smallwood (R) | D. Moreno (D)   Under current law, a child is neglected or dependent if the child's environment is injurious to the child's welfare. The bill clarifies that the child's environment is injurious to the child's welfare because the child's parent has placed the child in or failed to remove the child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental ability and that results in bodily injury or a substantial risk of immediate and grave harm as a result of a blatant disregard of parent or caretaker responsibilities. A child is not neglected or dependent if a child who is of sufficient maturity, physical condition, and mental ability is left by the child's parent, guardian, or legal custodian, under conditions that are reasonably deemed safe and secure sufficient to avoid substantial risk of physical harm, to engage in independent activities specified in the bill. The bill amends the criminal code to reflect that a person does not commit child abuse if the person is exercising reasonable judgment in allowing a child to engage in independent activities as described in language added to the dependency or neglect statute in the bill. (Note: This summary applies to this bill as introduced.)  2/25/2020 House Second Reading Passed with Amendments - Committee
Oppose  
HB20-1151Expand Authority For Regional Transportation Improvements  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.)  1/17/2020 Introduced In House - Assigned to Transportation & Local Government + Appropriations
Monitor  
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.)  2/12/2020 House Committee on Business Affairs & Labor Refer Unamended to Appropriations
  
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.)  2/12/2020 House Committee on Health & Insurance Refer Amended to Finance
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. Sections 1 and 2 of the bill eliminate the bond allocation committee that currently reviews and makes recommendations to the executive director of the department of local affairs (DOLA) regarding statewide priorities for the allocation of the limited amount of bonding authority and requires the state housing board to conduct the review and make the recommendations. Section 3 eliminates a cap on the amount of the direct allocation fee paid to DOLA by bond issuers that use the direct allocation of bonding authority to issue private activity bonds or that make a mortgage credit certificate election and eliminates the executive director's authority to promulgate rules to implement the statutes that govern private activity bond allocation. (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.)  2/20/2020 Introduced In Senate - Assigned to Finance
Monitor  
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.)  1/21/2020 Introduced In House - Assigned to Energy & Environment + Finance
  
HB20-1169Prohibit Discrimination Labor Union Participation 

Fiscal Note 

K. Ransom (R) | P. Neville (R) / B. Gardner (R) | V. Marble (R)   The bill prohibits an employer from requiring union membership or payment of union dues as a condition of employment. The bill creates civil and criminal penalties for employer violations regarding union membership and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation. The bill states that all-union agreements are unfair labor practices.(Note: This summary applies to this bill as introduced.)  1/28/2020 Introduced In House - Assigned to State, Veterans, & Military Affairs
Monitor  
HB20-1173811 Locate Exemption For County Road Maintenance 

Fiscal Note 

L. Saine (R) | M. Baisley (R) / J. Smallwood (R) | F. Winter (D) Support Support Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities, such as water and sewer pipes, gas lines, and electric or cable lines, that the excavation might affect can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, the bill specifies that "excavation" does not include routine or emergency maintenance of right-of-way on county-owned gravel or dirt roads performed by county employees that: Does not lower the existing grade or elevation of the road, shoulder, and ditches; and Does not disturb more than 6 inches in depth during maintenance operations.(Note: This summary applies to this bill as introduced.)  2/18/2020 House Second Reading Laid Over Daily - No Amendments
Support  
HB20-1174Sales Tax Statute Modifications To Address Defect 

Fiscal Note 

H. McKean (R) | D. Valdez (D) / J. Tate (R)    Statutory Revision Committee. Section 1 of the bill 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. Section 2 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. Section 3 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 the reengrossed version of this bill as introduced in the second house.)  2/24/2020 Introduced In Senate - Assigned to Business, Labor, & Technology
Monitor  
HB20-1178Increase Speed Limit On Certain Rural Highways 

Fiscal Note 

R. Holtorf (R) / J. Sonnenberg (R)   The bill requires the department of transportation to perform a study of state highways in rural areas of the state in 2020 and every 5 years thereafter for the purpose of identifying portions of rural state highways where the speed limit can be raised to 70 miles per hour without endangering public safety. On or before January 1, 2021, and every 5 years thereafter, the department shall complete its study and: Submit a report to committees of reference of the general assembly; and Increase the speed limit to 70 miles per hour for each portion of rural state highway that is identified by the study.(Note: This summary applies to this bill as introduced.)  2/21/2020 House Second Reading Special Order - Laid Over Daily - No Amendments
Monitor  
HB20-1193Income Tax Benefits For Family Leave  L. Landgraf (R) | K. Van Winkle (R)   The bill creates tax incentives to encourage employers to voluntarily support paid parental and medical leave programs for their eligible employees and to encourage eligible employees to save for time away from work during parental and medical leave. Specifically, section 2 of the bill establishes leave savings accounts. A leave savings account is an account with a financial institution for which the individual uses money to pay for any expense while he or she is on eligible leave, which includes: The birth of a child of the individual and caring for the child; The placement of a child with the individual for adoption or foster care; Caring for a spouse, child, or parent of the individual if the spouse, child, or parent has a serious health condition; A serious health condition that makes the individual unable to perform the functions of the position of the individual; Time for an individual to care for himself or herself or to care for a parent or child after being a victim of domestic abuse; or Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the individual is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces. An individual may annually contribute up to $5,000 of wages to a leave savings account. An employer may make a contribution to the employee's leave savings account in any amount. The department of health care policy and financing is required to establish a form for an individual to report information regarding leave savings accounts, and the individual must annually file this form with the department of revenue to be eligible for the tax benefit. Section 3 allows an employee to claim a state income tax deduction for amounts they or their employer contribute to a leave savings account. A taxpayer is also allowed to deduct any interest or other income earned during the taxable year on the investment of money in their leave savings account. Section 4 creates an income tax credit for an employer that pays an employee for leave that is between 8 and 12 weeks long. The leave must be for one of the same reasons for which an employee may use money in a leave savings account as specified above. The amount of the credit is equal to 15% of the amount paid, so long as the amount paid is at least 50% of the employee's regular salary for a specified time period. Section 4 also creates an income tax credit for an employer that contributes to an employee's leave savings account. The amount of the credit is equal to 15% of the amount contributed to the account; except that a credit is not allowed for contributions to a leave savings account that exceed $3,000 in a single year. Both credits are not refundable, but they may be carried forward up to 5 years. The bill also specifies that for employers, an amount equal to the amount the taxpayer contributed to an employee's leave savings account and an amount equal to the amount the taxpayer paid in wages for an employee while on family leave, to the extent an income tax credit is claimed, will be added to the taxpayer's federal taxable income. (Note: This summary applies to this bill as introduced.)  1/30/2020 Introduced In House - Assigned to Finance + Appropriations
Support  
HB20-1196Mobile Home Park Act Updates 

Fiscal Note 

E. Hooton (D) | J. McCluskie (D) / S. Fenberg (D) | P. Lee (D)  Monitor With Amendments  Section 1 of the bill defines new terms for the purposes of the "Mobile Home Park Act" (Act) and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). Section 1 also relocates, with amendments, the definition of "entry fee" to the Act's definitions section. Section 2 clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to home owners of the mobile home park (home owners) when the management intends to terminate a home owner's tenancy in the mobile home park (park). Section 3 restates, with amendments, the permissible reasons for which the management may terminate a home owner's tenancy and the notice requirements associated with a termination. Section 4 states that 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. Section 5 replaces a gender-specific pronoun with gender-neutral language and relocates, with amendments, certain existing language concerning the administration of security deposits by landlords. Section 6 repeals the definition of "entry fee" from its current location in statute. Sections 7, 8, and 9 replace gender-specific pronouns with gender-neutral language. Section 10 clarifies management's duties concerning maintenance and repair of a park; creates new duties relating to the maintenance and repair of water lines, sewage, and other utilities; and replaces a gender-specific pronoun with gender-neutral language. Section 11 requires management to annually provide certain information concerning water usage and billing to home owners and to post the information in a clearly visible location in at least one common area of the park. The management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all the home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if the management purchases the water from a provider, the total amount paid by the management to the provider. Section 11 also prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. The bill states that certain actions by management are presumed to be retaliatory and that management may rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose. Section 12 relocates existing language prohibiting a rental agreement from including certain provisions and adds new prohibited provisions. Section 13 adds provisions and relocates, with amendments, existing provisions concerning the amending of park rules and regulations. The bill states that management may 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, management shall not enforce the rule, regulation, or amendment unless the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced. Section 14 requires management to respect the privacy of home owners. The 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. The 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. Sections 15 to 21 make conforming amendments.(Note: This summary applies to this bill as introduced.)  2/19/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
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 bill amends with relocated provisions the human services referral service authorized by the Colorado 2-1-1 collaborative to provide assistance through the dissemination of information to residents of Colorado about applicable programs and services provided by government, private, nonprofit, and faith-based organizations and local communities regarding emergency shelter and food, as well as human services programs. The bill requires the department of human services (department) to award an annual grant of $200,000 to the Colorado 2-1-1 collaborative for human services referral services and specifies the purposes for which the Colorado 2-1-1 collaborative and human services referral service provider may use the grant money. The bill requires the Colorado 2-1-1 collaborative to provide one or more specific duties described in the bill. Human services referral services include, in part, providing statewide referral services; enabling referrals through telephone, text, chat, and e-mail; providing trained professionals to perform problem assessments and service navigation; and providing information regarding vital services, such as food and shelter. The bill requires annual reporting by the department to certain committees of the general assembly. The bill includes an appropriation to the department of $200,000 for the 2020-21 state fiscal year for the Colorado 2-1-1 collaborative. (Note: This summary applies to this bill as introduced.)  2/19/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Monitor  
HB20-1198Pharmacy Benefits Carrier And Pharmacy Benefit Manager Requirements  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.)  1/30/2020 Introduced In House - Assigned to Health & Insurance
Monitor  
HB20-1199Lower Minimum For Employer Health Stop-loss Insurance 

Fiscal Note 

P. Buck (R)   Under current law, employers with 50 or fewer employees who self-insure can purchase stop-loss insurance to cover the cost of employee health benefits exceeding $20,000 per employee per year. However, insurers are prohibited from issuing stop-loss policies with an attachment point below $20,000. The bill lowers this minimum to $10,000 per employee per year. The bill also makes a corresponding change in the minimum retention amount for larger employers, from $15,000 to $10,000.(Note: This summary applies to this bill as introduced.)  1/30/2020 Introduced In House - Assigned to Health & Insurance
  
HB20-1224Agricultural Products Overweight Motor Vehicle 

Fiscal Note 

R. Holtorf (R) / J. Sonnenberg (R)   If certain conditions are met, current law allows vehicle owners to get permits to move overweight loads. The bill creates a type of overweight permit for divisible loads granted to agricultural producers if: The vehicle is registered as a farm vehicle; The agricultural producer designates 100 days, which need not be consecutive, for each calendar year that the permit may be used; The vehicle is used to transport agricultural products from the place of production to the place of storage or sale; and The vehicle complies with rules governing the distribution of the load upon the vehicle's axles. The permit costs: $40 for general vehicles; $50 for quad axle groupings; $50 for vehicles with trailers with 2 or 3 axle groupings.(Note: This summary applies to this bill as introduced.)  1/31/2020 Introduced In House - Assigned to Transportation & Local Government + Finance
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HB20-1233Basic Life Functions In Public Spaces 

Fiscal Note 

J. Melton (D) | A. Benavidez (D) Oppose Oppose The bill prohibits the state and any city, county, city and county, municipality, or other political subdivision (government entity) from restricting any person from: Conducting basic life functions in a public space unless the government entity can offer alternative adequate shelter to the person and the person denies the alternative adequate shelter; and Occupying a motor vehicle, provided that the motor vehicle is legally parked on public property or parked on private property with the permission of the property owner.(Note: This summary applies to this bill as introduced.)  1/31/2020 Introduced In House - Assigned to Transportation & Local Government
Oppose  
HB20-1237Medicaid Managed Care Assignment For Child Welfare  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, the bill directs 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 or the child's or youth's legal guardian. If the child or youth obtains services other than through an initiated dependency and neglect action, then reassignment to another MCE may only be requested by the child's or youth's legal guardian.(Note: This summary applies to this bill as introduced.)  1/31/2020 Introduced In House - Assigned to Public Health Care & Human Services
Support  
HB20-1265Increase Public Protection Air Toxics Emissions  A. Benavidez (D) | A. Valdez (D) / J. Gonzales (D) | D. Moreno (D)   The bill creates a new program to regulate emissions of a subset of hazardous air pollutants, referred to as "covered air toxics", which are defined as hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, benzene, and other hazardous air pollutants specified by the air quality control commission by rule. 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 in one year is defined as a "covered facility": For hydrogen cyanide, 10,000 pounds; For hydrogen fluoride, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 1,000 pounds. At least every 5 years beginning in 2026, the commission will review the best available science and adjust, as necessary to protect public health, the list of covered air toxics and their associated emission levels. The commission will: Regulate covered air toxics more strictly than is required by the federal clean air act; Require covered facilities to monitor their emissions of covered air toxics; Set health-based emission limits for covered air toxics if no such limit exists under state or federal law; and Establish a real-time community alert system for "incidents", which are unauthorized emissions of an air pollutant from a covered facility. The division of administration in the department of public health and environment will: Consider and prevent adverse cumulative impacts from covered facilities' emissions of hazardous air pollutants when processing air pollution permits for covered facilities that are located in or near disproportionately impacted communities, as determined by the commission by rule; Approve a new or amended permit for a covered facility only if there is no net increase in the adverse cumulative impacts of hazardous air pollutant emissions above existing levels in each disproportionately impacted community affected by the emissions; and If existing emissions of hazardous air pollutants exceed the health-based emission limits or have unacceptable adverse cumulative impacts on any disproportionately impacted community, require a decrease or cessation in the applicable emissions over the shortest practicable time until the emissions comply with the health-based emission limits and no longer have unacceptable adverse cumulative impacts on any disproportionately impacted community. Covered facilities will: Monitor their covered air toxics emissions and make the monitoring data widely available, including to the public; and Promptly disseminate information regarding an incident pursuant to the commission's real-time community alert system to the public, affected local governments and other community entities, and local emergency planning and response organizations. The bill specifies violations for a covered facility that is covered by specified federal regulations based on the unauthorized emission of an air pollutant from a flare or pressure relief device and any uncontrolled atmospheric release of an air pollutant from an organic hazardous air pollutant pressure relief device. The commission will review its rules for these facilities and specifically consider adopting more stringent provisions, including: A requirement that leak detection and repair inspections occur at these facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules; and Reductions in fugitive emissions from equipment leaks and wastewater at these facilities.(Note: This summary applies to this bill as introduced.)  2/3/2020 Introduced In House - Assigned to Energy & Environment + Appropriations
  
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.)  2/4/2020 Introduced In House - Assigned to Public Health Care & Human Services
Support  
HB20-1287Colorado Rights Act  M. Soper (R) / V. Marble (R) | P. Lee (D) Oppose Oppose The bill allows a person who has a right, privilege, or immunity secured by the Colorado constitution that is infringed upon to bring a civil action for the violation. The attorney general can also bring an action under the same circumstances. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity and a defendant's good faith but erroneous belief in the lawfulness of his or her conduct are not defenses to the civil action. The civil action has a two-year statute of limitations. The bill requires a public entity to indemnify its public employees in a claim unless the employee is convicted of a crime related to the claim.(Note: This summary applies to this bill as introduced.)  2/4/2020 Introduced In House - Assigned to Judiciary + Appropriations
Oppose  
HB20-1290Failure-to-cooperate Defense First-party Insurance  A. Garnett (D) / S. Fenberg (D)   The bill bars an insurer from using a failure-to-cooperate defense in an action unless: The insurer has submitted a request to the insured or the insured's representative for information the insurer deems necessary for litigation; 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 request is for information the insurer would be entitled to in litigation; The request cites the specific policy language that entitles the insurer to the information necessary to any lawsuit; The insured's failure to cooperate has rendered performance by the insurer under the policy impossible; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 30 days, describing, with particularity, the alleged failure to cooperate. The alleged failure to cooperate must materially and substantially prejudice the portion of the claim for which the defense is asserted. Any language in an insurance contract that conflicts with the bill is void. (Note: This summary applies to this bill as introduced.)  2/7/2020 Introduced In House - Assigned to Judiciary
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HB20-1292Uniform Parentage Act (2017)  K. Tipper (D)    Colorado Commission on Uniform State Laws. The bill repeals the "Uniform Parentage Act" and enacts the "Uniform Parentage Act (2017)" (new uniform act). The new uniform act: Clarifies establishment of the parent-child relationship, including the voluntary acknowledgment of parentage and the rules for acknowledgment or denial of parentage; Establishes a registry of parentage; Establishes procedures for genetic testing; Specifies rules for proceedings to adjudicate parentage; Makes provisions for assisted reproduction; Creates requirements for surrogacy agreements; and Specifies use of information about donors. The bill makes conforming amendments. (Note: This summary applies to this bill as introduced.)  2/11/2020 Introduced In House - Assigned to Judiciary
  
HB20-1293Emergency Telephone Service Charges  J. McCluskie (D) | R. Pelton (R) / D. Coram (R) | J. Gonzales (D)  Support With Amendments The bill 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 bill 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 bill amends the procedures for the collection and remittance of the emergency telephone charge by telecommunication service suppliers. It 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 bill renames the prepaid wireless 911 charge and amends the amount of the charge. Under current law, the amount is set in statute. The bill 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. The bill amends the allowed uses of the money collected from the 3 charges and makes other conforming amendments. Upgrades to wireless 911 service in unserved areas is added as an allowable use of the money allocated from the high cost support mechanism to broadband deployment. The broadband deployment board may award money to projects to allow wireless carriers to upgrade infrastructure, software, and technology to provide wireless 911 service in unserved areas. (Note: This summary applies to this bill as introduced.)  2/11/2020 Introduced In House - Assigned to Business Affairs & Labor + Finance + Appropriations
  
HB20-1297Immunization Status And Child Abuse Neglect  M. Baisley (R) / P. Lundeen (R)   The bill adds language to Colorado's children's code to clarify that a child's immunization status or a parent's or legal guardian's decision to delay or decline one or more immunizations for his or her child does not alone constitute child abuse or neglect.(Note: This summary applies to this bill as introduced.)  2/13/2020 Introduced In House - Assigned to Public Health Care & Human Services
  
HB20-1302CAPS Check Program Changes  S. Lontine (D)   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 bill makes various clarifying changes to the adult protection statutes related to the CAPS check program. The bill 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 bill 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 bill prohibits using a CAPS check request for a person who is not going to be an employee. The bill 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 bill 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. (Note: This summary applies to this bill as introduced.)  2/20/2020 Introduced In House - Assigned to Public Health Care & Human Services
  
HB20-1304Clarify Occasional Alcohol Beverage Sale Exemption  A. Benavidez (D) | M. Snyder (D)   Current law provides that the occasional sales of alcohol by way of public auctions do not require a liquor license or compliance with the reporting requirements for licensed liquor distributors or retailers, so long as: The previous owner of the alcohol beverages has not claimed the beverages or furnished instruction for their disposition; The seller obtained the beverages as part of the foreclosure of a lien; The seller salvaged the beverages; or The seller operates a charitable organization and received the beverages as donations. However, the excise tax on alcohol beverages is nonetheless applicable to those occasional sales even though the licensing and compliance requirements do not apply. Because it is not clear that the excise tax on alcohol beverages still applies to those occasional sales, it was mistakenly identified as a tax expenditure in the department of revenue's tax expenditure report and thus mistakenly evaluated by the office of the state auditor as part of that office's evaluation of the state's tax expenditures. The bill clarifies the exemption. (Note: This summary applies to this bill as introduced.)  2/20/2020 Introduced In House - Assigned to Finance
  
HB20-1308Nonsubstantive Emails And Open Meetings Law  J. Arndt (D)   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.)  2/21/2020 Introduced In House - Assigned to Transportation & Local Government
  
HB20-1310Snow Removal Operations On State Highways  R. Holtorf (R)   Current law does not specify times at which the Colorado department of transportation (CDOT) must be prepared to conduct and actually conduct snow removal operations on state highways. CDOT's current practice, with some exceptions, is to conduct snow removal operations on state highways that have average daily traffic of less than 1,000 vehicles per day only between the hours of 5 a.m. to 7 p.m. The bill requires CDOT to: Be prepared to conduct snow removal operations between the hours of 4 a.m. and 10 p.m. on every state highway where a winter storm watch issued by the national weather service is in effect; and Conduct snow removal operations between the hours of 4 a.m. and 10 p.m. on every state highway located where a winter storm warning issued by the national weather service is in effect.(Note: This summary applies to this bill as introduced.)  2/21/2020 Introduced In House - Assigned to Transportation & Local Government + Appropriations
  
HB20-1317Colorado Children's Trust Fund Board Updates  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.)  2/21/2020 Introduced In House - Assigned to Public Health Care & Human Services
  
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.)  1/8/2020 Introduced In Senate - Assigned to Health & Human Services
Oppose  
SB20-007Treatment Opioid And Other Substance Use Disorders 

Fiscal Note 

B. Pettersen (D) | F. Winter (D) / B. Buentello (D) | J. Wilson (R)    Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires updated community assessments every 2 years of the sufficiency of substance use disorder services in the community to be compiled by an independent entity contracted by the department of human services (DHS). The assessment must include input and the opportunity for review and comment from community entities and individuals. Based on the community assessment, the managed service organization will prepare a draft community action plan and shall allow time for stakeholder review and comment on the plan. Section 2 of the bill requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement, medical necessity, and utilization management determinations in accordance with the most recent edition of the ASAM criteria. The bill also authorizes the commissioner of insurance, in consultation with DHS and the department of health care policy and financing, to identify by rule alternate nationally recognized substance-use-disorder-specific treatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices. Sections 3, 4, and 5 of the bill increases funding by $1 million for provider loan forgiveness and scholarships from the Colorado health service corps fund in the department of public health and environment (CDPHE). The bill recognizes a goal of the loan forgiveness and scholarship programs of creating a diverse health care workforce that is able to address the needs of underserved populations and communities. Section 6 of the bill authorizes a pharmacy that has entered into a collaborative pharmacy agreement with one or more physicians to receive an enhanced dispensing fee for the administration of all injectable medications for medication-assisted treatment that are approved by the federal food and drug administration, and not just injectable antagonist medication. Section 7 of the bill requires DHS to commission a state child care and treatment study and final report to make findings and recommendations concerning gaps in family-centered substance use disorder treatment and to identify alternative payment structures for funding child care and children's services alongside substance use disorder treatment of a child's parent. DHS shall distribute the report to the general assembly and present the report in its annual presentation to committees of the general assembly. Sections 8, 9, 10, 11, and 12 of the bill prohibit managed service organization contracted providers; withdrawal management services; and recovery residences from denying access to medical or substance use disorder treatment services, including recovery services, to persons who are participating in prescribed medication-assisted treatment for substance use disorders. In addition, the bill prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement. Section 13 of the bill requires managed care entities to provide coordination of care for the full continuum of substance use disorder and mental health treatment and recovery services, including support for individuals transitioning between levels of care. Section 14 of the bill appropriates $250,000 to the office of behavioral health in DHS for allocation to the center for research into substance use disorder prevention, treatment, and recovery support strategies for the continued employment of grant writers to aid local communities in need of assistance to access federal and state money to address opioid and other substance use disorders in their communities. Section 15 of the bill authorizes the commissioner of insurance, in consultation with CDPHE, to promulgate rules, or to seek a revision of the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies. Section 16 of the bill requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assisted treatment for substance use disorders, including buprenorphine, and of that number, to indicate how many providers are actively prescribing medication-assisted treatment. The bill requires the commissioner of insurance to promulgate rules concerning the reporting. Section 17 of the bill requires insurance carriers to provide coverage for naloxone hydrochloride, or other similarly acting drug, without prior authorization and without imposing any deductible, copayment, coinsurance, or other cost-sharing requirement. Section 18 of the bill requires DHS to implement a program for training and community outreach relating to, at a minimum, the availability of and process for civil commitment of persons with an alcohol or substance use disorder. The training must be provided to first responders, law enforcement, emergency departments, primary care providers, and persons and families of persons with a substance use disorder, among others. Sections 19 through 65 of the bill consolidate part 1 of article 82 of title 27, C.R.S., relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27, C.R.S., relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorders, in order to create a single process that includes all substances. The new scope of part 1 of article 81 of title 27, C.R.S., includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder". The amendments and additions to part 1 of article 81 of title 27, C.R.S., include: Defining "administrator" to include an administrator's designee; Adding a definition of "incapacitated by substances" to include a person who is incapacitated by alcohol or incapacitated by substances; Changing terminology throughout to refer to "substances" to include both alcohol and drugs; Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days; Allowing a person to enter into a stipulated order for committed treatment, expediting placement into treatment; Removing the mandatory hearing for the initial involuntary commitment but allowing a person to request a hearing if the person does not want to enter into a stipulated order for committed treatment; Incorporating in statute "patient's rights" relating to civil commitment; Using person-centered language throughout the statutory process; and Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27, C.R.S., to article 81 in title 27, C.R.S. In addition, the bill makes conforming amendments, including several in the professional licensing statutes in title 12, C.R.S., to remove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the single term "substance use disorder",which the bill now defines in article 81 of title 27, C.R.S., to include both drugs and alcohol. The bill also makes conforming amendments to remove statutory references to provisions in part 2 of article 82 of title 27, C.R.S., which the bill repeals, and replaces those references with a new reference to the relevant provisions in article 81 of title 27, C.R.S. (Note: This summary applies to this bill as introduced.)  1/30/2020 Senate Committee on Health & Human Services Refer Amended to Appropriations
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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.)  2/18/2020 Senate Committee on Finance Refer Amended to Appropriations
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SB20-026Workers' Compensation For Audible Psychological Trauma 

Fiscal Note 

R. Fields (D) | J. Cooke (R) / J. Singer (D)    The Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill states that, for the purpose of determining eligibility for workers' compensation benefits, a "psychologically traumatic event" includes an event that is within a worker's usual experience when the worker is diagnosed with post-traumatic stress disorder by a licensed psychiatrist or psychologist after: The worker is subjected to visual or audible exposure to the visually or audibly, or both visually and audibly, witnesses a death, or the immediate aftermath of the death, of one or more people as the result of a violent event; or The worker repeatedly is subjected to visual or audible exposure to and either visually or audibly, or both visually and audibly, witnesses the serious bodily injury, or the immediate aftermath of the serious bodily injury, of one or more people as the result of the intentional act of another person or an accident. (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.)  2/6/2020 Introduced In House - Assigned to Business Affairs & Labor
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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 For the state fiscal year commencing July 1, 2020, the amount of basic cash assistance a Colorado works program recipient (recipient) receives must equal or exceed 100% of the amount of basic cash assistance in 2019 plus 10%. Commencing July 1, 2021, the department must annually increase the amount of basic cash assistance a recipient receives by a cost of living adjustment equal to 1.5% or the federal social security administration's cost of living adjustment that year, whichever is greater. The joint budget committee (JBC) must review the sustainability of the Colorado long-term works reserve to fund the cost of living adjustment, and, if the JBC deems necessary, identify additional sources of funding. (Note: This summary applies to this bill as introduced.)  2/11/2020 Senate Committee on Finance Refer Amended to Appropriations
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.)  1/10/2020 Introduced In Senate - Assigned to Transportation & Energy + Finance
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SB20-085Sex Offender Community Corrections Requirements 

Fiscal Note 

R. Zenzinger (D) | B. Gardner (R) / D. Michaelson Jenet (D) | M. Soper (R) Monitor  The bill 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 violate the law 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: 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.)  2/14/2020 Introduced In House - Assigned to Judiciary
Amend  
SB20-104Powers Of Bureau Of Animal Protection Agents 

Fiscal Note 

J. Cooke (R) / D. Roberts (D) Support Monitor The bill grants additional duties and powers to bureau of animal protection agents (agent), including the authority to conduct investigations; to take possession of and impound any animal that the agent has probable cause to believe is a victim of cruelty to animals; and to take possession of and impound a dog if the agent has probable cause to believe the dog is a dangerous dog. (Note: This summary applies to this bill as introduced.)  2/11/2020 Senate Committee on Local Government Refer Amended to Appropriations
Support  
SB20-108Landlord Prohibitions Tenant Citizenship Status 

Fiscal Note 

J. Gonzales (D) / S. Gonzales-Gutierrez (D)   The bill creates the "Immigrant Tenant Protection Act" (Act), which prohibits a landlord from: Demanding, requesting, or collecting information regarding or relating to the immigration or citizenship status of a tenant; Disclosing or threatening to disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or immigration or law enforcement agency; Harassing, intimidating, or retaliating against a tenant for exercising the tenant's rights or opposing prohibited conduct; Interfering with a tenant's rights, including influencing or attempting to influence a tenant to surrender possession of a dwelling unit or to not seek to occupy a dwelling unit based solely or in part on the immigration or citizenship status of the tenant; Refusing to enter into a lease agreement or approve a subtenancy, or to otherwise preclude a tenant from occupying a dwelling unit, based solely or in part on the immigration or citizenship status of the tenant; and Bringing an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. The Act is enforceable through a private right of action. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)  2/4/2020 Introduced In House - Assigned to Business Affairs & Labor
  
SB20-110Penalties For Liquor Law Violations 

Fiscal Note 

A. Williams (D) | C. Holbert (R) / M. Snyder (D)   Currently, the state or 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 bill: 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 introduced.)  1/27/2020 Senate Committee on Business, Labor, & Technology Refer Unamended to Appropriations
Monitor  
SB20-120Apprentice Examinations And Professional Licenses 

Fiscal Note 

J. Danielson (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 until the apprentice passes the examination. 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: This summary applies to this bill as introduced.)  2/25/2020 Senate Second Reading Passed with Amendments - Committee, Floor
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.)  2/5/2020 Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Appropriations
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.)  2/13/2020 Senate Committee on Health & Human Services Refer Unamended to Appropriations
Monitor  
SB20-129Protection Of Individuals Subject To A Fiduciary 

Fiscal Note 

C. Holbert (R) | J. Ginal (D) / M. Froelich (D) | K. Ransom (R) Monitor  For petitions for wards or conservators, the bill requires a petitioner to conduct a prehearing conference with the minor or potentially incapacitated person and persons who may assist the minor or potentially incapacitated person. The petitioner must include a report of the prehearing conference with the petition and mail the petition and report to any person who participated in the prehearing conference. 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 bill requires the judge to rule on the motion or request within 14 days. (Note: This summary applies to this bill as introduced.)  2/25/2020 Senate Third Reading Passed - No Amendments
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.)  2/13/2020 Senate Committee on Agriculture & Natural Resources Refer Unamended to Finance
  
SB20-139County Loans For Public Infrastructure Projects 

Fiscal Note 

M. Foote (D) Oppose Monitor The bill authorizes a county to lend money to a governmental entity that is created by or located within the county subject to the following requirements: The source of the loan must be legally available money that is not otherwise encumbered or obligated; The loan must have a specified repayment term; The loan recipient is required to 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; and The loan recipient shall use loan proceeds for the sole purpose of funding public infrastructure projects within the county.(Note: This summary applies to this bill as introduced.)  1/27/2020 Introduced In Senate - Assigned to Local Government
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.)  2/4/2020 Introduced In Senate - Assigned to Health & Human Services
Oppose  
SB20-159Global Warming Potential For Public Project Materials 

Fiscal Note 

C. Hansen (D)   The department of personnel (department) is required to establish a maximum acceptable global warming potential for each category of eligible materials used in a public project. The bill specifies which building materials are eligible materials. The department is required to set the maximum acceptable global warming potential at the industry average of facility-specific global warming potential emissions for that material and to express it as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The department is required to submit a report to the general assembly regarding the method it used to develop the maximum global warming potential for each category of eligible materials and may make periodic downward adjustments to the number to reflect industry improvements. For invitations for bid for public projects issued after a certain date, the contractor that is awarded the contract is required to submit to the contracting agency of government a current facility-specific environmental product declaration for each eligible material proposed to be used in the public project. A contracting agency of government is required to include in a specification for bids for a public project that the facility-specific global warming potential for any eligible material that will be used in the project shall not exceed the maximum acceptable global warming potential for that material determined by the department. A contractor that is awarded a contract for a public project is prohibited from installing any eligible material on the project until the contractor submits a facility-specific environmental product declaration for that material. The bill specifies that in administering the requirements of the bill, an agency of government is required to strive to achieve a continuous reduction of greenhouse gas emissions over time. The department is required to submit a report to the general assembly regarding the implementation of the bill. The bill includes the facility-specific global warming potential for each eligible material that will be used in the project and the cost of avoided emissions for the project in the factors to be considered when making an award determination for a competitive sealed best value bid. (Note: This summary applies to this bill as introduced.)  2/20/2020 Senate Committee on Transportation & Energy Refer Amended to Appropriations
Monitor  
SB20-161Pretrial Release 

Fiscal Note 

P. Lee (D) | B. Gardner (R) / L. Herod (D) | M. Soper (R) Oppose Oppose 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.)  2/24/2020 Senate Committee on Judiciary Refer Amended to Appropriations
Amend  
SB20-162Changes Related To Federal Family First Policy  B. Rankin (R) | D. Moreno (D) / S. Gonzales-Gutierrez (D) | K. Ransom (R) Oppose Unless Amended Oppose The bill 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 and social services (county departments) to provide prevention services, including developing a form to inform affected parents and caregivers of their rights and remedies; 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 child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before July 31, 2020, and instructing the state to change reimbursement rates on or before January 1, 2021.(Note: This summary applies to this bill as introduced.)  2/10/2020 Introduced In Senate - Assigned to Judiciary
Oppose  
SB20-168Sustainable Severance & Property Tax Policies  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.)  2/18/2020 Introduced In Senate - Assigned to Transportation & Energy
Monitor  
SB20-170Update Colorado Employment Security Act  J. Danielson (D)   For the purposes of establishing a worker's eligibility for benefits under the "Colorado Employment Security Act" (Act), the bill relocates the definition of "immediate family" and amends the definition to include: A sibling of the worker who is under 18 years of age and for whom the worker stands in loco parentis; and A sibling of the worker who is incapable of self-care due to a mental or physical disability or a long-term illness. Under current law, a worker who separates from a job because of domestic violence may be eligible for benefits under the Act if the worker reasonably believes that the worker's continued employment would jeopardize the safety of the worker or any member of the worker's immediate family and the worker provides the division of unemployment insurance either: An active or recently issued protective order or other order documenting the domestic violence or a police record documenting recent domestic violence; or A statement substantiating recent domestic violence from a qualified professional from whom the worker has sought assistance for the domestic violence, such as a counselor, shelter worker, member of the clergy, attorney, or health worker. The bill eliminates the requirement that a worker provide either form of documentation in order to establish the worker's eligibility for benefits under the Act. The bill substitutes the term "severance allowance" for "remuneration" in a provision that concerns remuneration received by an individual who has been separated from employment. (Note: This summary applies to this bill as introduced.)  2/18/2020 Introduced In Senate - Assigned to Finance
  
SB20-171Children's Habilitation Residential Program Rules 

Fiscal Note 

F. Winter (D) | J. Smallwood (R) / M. Soper (R) | J. Buckner (D)   Under the children's habilitation residential program, the bill authorizes the state board of medical services to adopt rules to implement changes proposed in a waiver amendment or renewal submitted to the federal department of health and human services so long as the rules are not effective until the effective date of the approval of the waiver amendment or renewal. (Note: This summary applies to this bill as introduced.)  2/18/2020 Introduced In Senate - Assigned to Health & Human Services
  
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.)  2/24/2020 Senate Committee on Judiciary Refer Amended to Appropriations
Monitor  
SB20-173Reimbursement Rates Alternative Care Facilities  J. Sonnenberg (R) / R. Pelton (R)   The bill requires the state board of medical services to adopt rules creating an enhanced or tiered reimbursement rate or rates for secure alternative care facilities that have higher staffing ratios due to providing services to persons with dementia or other conditions. The department of health care policy and financing shall confer with interested stakeholders concerning the appropriate reimbursement rate or rates and may review enhanced or tiered reimbursement rate structures from other states. The state department shall seek any federal authorization necessary to implement the reimbursement rates.(Note: This summary applies to this bill as introduced.)  2/20/2020 Introduced In Senate - Assigned to Health & Human Services
  
SB20-181Measures On Incompetent To Proceed  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 evaluator shall 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 evaluator shall state what circumstances will reasonably change in the defendant's condition to believe the defendant will 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 evaluator shall 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 the charges. The bill removes the victims' rights act crimes limitation. When the defendant is in custody on a misdemeanor, petty offense, traffic offense, or traffic infraction and is incompetent to proceed, the court, within 7 days of the defendant being found incompetent to proceed, shall set a hearing on bond. 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 must make findings of fact that extraordinary circumstances exist to overcome the presumption of a release and the clinical recommendation for outpatient treatment by clear and convincing evidence. When a defendant is found incompetent to proceed or where civil commitment proceedings are initiated in a municipal case, the municipal court shall dismiss the case. The state court administrator shall appoint a 6-member committee to review the impacts of enhanced sentencing laws on people with health conditions, including mental health, intellectual or developmental disabilities, traumatic brain injuries, and other neurocognitive health conditions such as Alzheimer's or dementia. The committee shall produce a report outlining budgetary, legislative, regulatory, and practice recommendations no later than November 15, 2020. Recommendations must include ways to help protect the safety and well-being of first responders and shall also include mechanisms to ensure people with health conditions are not unnecessarily involved in the criminal or juvenile justice systems due to unmet health needs. (Note: This summary applies to this bill as introduced.)  2/20/2020 Introduced In Senate - Assigned to Judiciary