Section 1 of the act removes autocycle from the definition of motorcycle. The definition of motorcycle is changed to add that a motorcycle has handlebars to steer and a seat the rider sits astride. The definition of autocycle is also changed to classify it as a motor vehicle and to clarify that an autocycle may use handlebars to steer. In removing autocycle from the definition of motorcycle, the act makes the following clarifications and changes: Section 2 clarifies that the driver of an autocycle need not have a motorcycle endorsement regardless of the autocycle's maximum speed and that all 3-wheel motorcycle drivers need a general or limited motorcycle endorsement; Colorado law requires all motorcycle drivers to wear eye protection unless the motorcycle has 3 wheels, has a maximum speed of no more than 25 miles per hour, has a windshield, and has seatbelts. Section 3 clarifies that this exception applies to drivers of autocycles, not motorcycles, fitting that description. Colorado law requires a motorcycle driver who is under 18 years of age to wear a helmet unless the motorcycle has 3 wheels, has a maximum speed of no more than 25 miles per hour, has a windshield, and has seatbelts. Section 4 clarifies that this exception applies to autocycles, not motorcycles, fitting that description. Colorado law imposes a fee of $4 to register motorcycles for motorcycle operator safety training. Redefining autocycles as not being motorcycles in section 1 means that autocycle owners will not pay the fee. Section 5 removes the authorization for 2 autocycles to drive abreast in one lane; and Section 8 clarifies that the department of revenue will continue to issue a motorcycle license plate for an autocycle. Section 33 appropriates $15,976 from the general fund for use by the division of motor vehicles to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires, on or before January 1, 2023, the department of labor and employment (department), in partnership with the business experiential-learning commission in the department, the office of economic development, the state work force development council, local district colleges, the departments of education and higher education, the state board for community colleges and occupational education, and area technical colleges, to provide incentives to eligible employers to create high-quality, work-based learning opportunities for adults and youth (incentive program). The department is required to select at least 2 work-based learning intermediaries (intermediaries) to coordinate employers, schools, youth, and adults participating in the incentive program to establish work-based learning opportunities and select employers to participate in the incentive program. The department is required to provide monetary incentives to the selected intermediaries and employers for the implementation of work-based learning opportunities. The department is required to compile data concerning the incentive program and submit a report to the business committees of the senate and house of representatives during the "SMART Act" hearings held each legislative session. On or before January 1, 2023, the office of future work in the department and its partners are required to create a digital navigation program and employ digital navigators to: Reach out to youth and adults who have been historically excluded or disengaged from work-based learning opportunities and connect them with available opportunities; Address digital inequities, including access to digital technology and computer and technology skills training, cybersecurity, and affordable internet service; Refer youth and adults to career navigation services; and Provide a one-stop service that includes: Making referrals to work-based learning programs; facilitating enrollment in digital literacy classes, workshops, and upskilling and work-based learning opportunities; and assisting with digital skill development, job applications, and access to other benefits and services. The act authorizes the executive director of the department to promulgate rules to implement the incentive program and the digital navigation program. The office of new Americans in the department is required to: By September 1, 2022, convene a global talent task force to study the pathways for obtaining certain in-demand occupational licenses, look at international credentials, and take advantage of the global pool of skilled workers; and By January 1, 2023, establish a virtual, career-aligned English as a second language program to provide tools for new Americans and English language learners to enter into work-based learning programs to improve language and skills development for specific occupations and careers. $6,100,000 is appropriated from the general fund to the department for use in the 2022-23 state fiscal year for: State operations and program costs; The office of future work; and The office of new Americans. If the department does not expend the appropriated amount by July 1, 2023, the money ir further appropriated to the department for use in the 2023-24 state fiscal year. $11,319 is appropriated from the general fund to the legislative department for use by the general assembly. (Note: This summary applies to this bill as enacted.)
With regard to a unit owner's delinquency in paying unit owners' association (HOA) assessments, fines, or fees, section 1 of the act: Requires an HOA to first contact the unit owner regarding the delinquency by, in addition to sending a notice of delinquency to the unit owner by certified mail and by posting a copy of the notice on the unit owner's property, contacting the unit owner by at least one other method of communication, including first-class mail, an e-mail, or a text message. The HOA must keep records of its contacts to the unit owner regarding the delinquency. The unit owner may identify a language other than English in which the unit owner wants the HOA to send all correspondence and notices to the unit owner. The unit owner may also identify another person to serve as a designated contact for the unit owner. Prohibits an HOA, or a property management company acting on behalf of an HOA, from referring the delinquent account to a collection agency or attorney unless a majority of the HOA's board of directors vote to refer the matter on the record at a hearing; Prohibits an HOA from imposing daily late fees or fines and requires the HOA to provide a unit owner a period to cure a violation of any HOA governing documents before the HOA may fine the unit owner and, with respect to a violation that is not a threat to public safety or health, to provide the unit owner 2 30-day periods to cure the violation before the HOA may take legal action against the unit owner, which legal action for unpaid fines cannot include foreclosure. A violation that the HOA reasonably determines is a threat to public safety or health requires only a 72-hour period to cure before the HOA may fine the unit owner. Along with section 3, prohibits an HOA from charging a rate of interest on unpaid assessments, fees, or fines in an amount greater than 8% per year; Requires an HOA, on a monthly basis, to send each unit owner with an outstanding balance owed to the HOA an itemized list of all assessments, fines, fees, and charges owed; Prohibits an HOA from assessing a fee or other charge for providing the unit owner a statement of the total amount that the unit owner owes the HOA; Requires an HOA to adopt a policy to provide, with a notice of delinquency, information regarding an alleged violation, a description of the steps that the HOA must take before it can take legal action against the unit owner, and a description of the types of legal action that the HOA may take against the unit owner; Before an HOA may initiate a foreclosure action against a unit owner, requires that the HOA offer the unit owner a repayment plan to pay the debt in monthly installments in an amount determined by the unit owner so long as installments are in amounts of $25 or greater, and the unit owner either declines the offer or, after accepting the offer, fails to make at least 3 monthly payments within 15 days after the installments were due; and Along with section 6, authorizes a party seeking to enforce rights or responsibilities arising under an HOA's governing documents, in relation to the unit owner's delinquency, to file a claim in small claims court if the amount at issue does not exceed $7,500 exclusive of interest and costs. Section 2 authorizes the executive board of an HOA to conduct a disciplinary hearing or determine whether to refer a delinquency matter in executive session, but the unit owner who is the subject of the disciplinary hearing or referral of a delinquency matter may request and receive the results of the vote taken on the matter. Section 4 provides that fees, charges, late fees, and attorney fees may be subject to a statutory lien but are not subject to foreclosure and places limitations on attorney fees. Section 4 also prohibits a member of an HOA's executive board, an employee of a community association management company representing the HOA, an employee of a law firm representing the HOA, or an immediate family member of an executive board member, a community association management employee, or a law firm employee from purchasing a unit on which the HOA has foreclosed its assessment lien. Section 5 requires an HOA to apply a unit owner's payments first to any unpaid assessments and then to any unpaid fines, fees, or charges. Section 5 also allows a unit owner to file a civil action against an HOA if the HOA violates any foreclosure laws. The unit owner may seek damages in an amount up to $25,000 plus costs and reasonable attorney fees. (Note: This summary applies to this bill as enacted.)
Beginning July 1, 2022, the act requires the department of human services to work in partnership with counties towards implementation of a high-quality county work management system across all counties to interface with the Colorado benefits management system used to process and approve applications for essential state public assistance programs, such as the supplemental nutrition assistance program (SNAP), medicaid, and Colorado works. Eligibility and enrollment for SNAP and LEAP are integrated to increase access and efficiency. A community food access program (food program) is created in the department of agriculture (department). The purpose of the food program is to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers. As part of the food program, the department shall create a community food consortium (consortium) for small food retailers and Colorado-owned and Colorado-operated farms. The small food business recovery and resilience grant program (grant program) is established, to be overseen by the food program. An advisory committee is established to assist the department with the grant program. One-time grants not to exceed $25,000 will be provided to small food retailers to help support infrastructure and other necessary items to make fresh, healthy food more accessible to low-income and underserved communities. The department is granted authority to promulgate rules as necessary to implement the food program. The department shall develop a strategy for outreach to Colorado-owned and Colorado-operated farms, food retailers, and small farms that are interested in participating in the consortium or grant program. The food program is repealed, effective September 1, 2027. For the 2022-23 state fiscal year, the following appropriations are made from the economic recovery and relief cash fund: $3 million to the department of human services for use by administration and finance for IT systems interoperability; $2 million to the department of human services for use by the office of economic security for fuel assistance payments related to food and energy assistance; $1 million to the department of human services for use by the office of economic security for electronic benefits transfer programming related to food and energy assistance; $1 million to the department of agriculture to implement the community food access program; and $7 million to the department of agriculture to implement the small food business recovery and resilience grant program and outreach.(Note: This summary applies to this bill as enacted.)
At the end of federal fiscal year 2023, the act removes the requirement that the department of human services (state department) pass through 100% of the federal child support incentive payments received by the state to county departments of human or social services. Beginning in federal fiscal year 2024, the state board of human services, by rule, shall determine whether the state department may retain a percentage of the federal incentives the state receives for the purposes of information technology enhancements to the automated child support enforcement system and how to use the retained amount. Beginning July 1, 2025, the act requires the state department to report on each project funded by the federal incentive money the state retained to the joint technology committee of the general assembly. (Note: This summary applies to this bill as enacted.)
The act requires supplemental health-care staffing agencies (staffing agencies) to complete initial and annual certification with the division of unemployment insurance in the department of labor and employment (department) prior to operating the staffing agency. A staffing agency that fails to comply with the certification requirements commits a civil infraction and may be assessed fines by the department. On or before September 1 of each year, the department of public health and environment and the department of health care policy and financing shall provide the department with a list of all known names of and the contact information for staffing agencies operating in the state. No later than October 1, 2022, each staffing agency shall begin maintaining detailed data necessary for required reporting to the department that includes, in part: A detailed listing of the average amount charged during each quarter of the reporting period to a health-care facility for each category of health-care worker providing services to the health-care facility; and A detailed listing of the average amount paid during each quarter of the reporting period to health-care workers for their services for each category of health-care worker providing services. Commencing April 30, 2023, each staffing agency shall submit biannual reports to the department with the required data. The act includes fines for staffing agencies that submit late or noncompliant biannual reports. The department shall provide copies of the staffing agencies' biannual reports to the department of public health and environment and to the department of health care policy and financing for purposes of analyzing the information provided by the staffing agencies and determining the need for regulation of staffing agencies. For the 2022-23 state fiscal year: $427,591 is appropriated from the general fund to the department of labor and employment for use by the division of labor standards and statistics to implement the act. The appropriation is based on an assumption that the division will require an additional 2.0 FTE; $39,358 is appropriated to the department of public health and environment for use by the health facilities and emergency medical services division for administration and operations and to purchase information technology services. The appropriation is based on an assumption that the division will require an additional 0.3 FTE. $15,545 is appropriated to the office of the governor for use by the office of information technology to provide information technology services to the department of public health and environment. This appropriation is from reappropriated funds received from the department of public health and environment.(Note: This summary applies to this bill as enacted.)
Section 1 of the act requires the department of higher education to contract for and facilitate use of an online platform by public or private institutions of higher education in the state to assist students accessing public benefits (online platform). Section 2 creates the economic mobility program within the department of public health and environment and requires the department to develop and implement the program to improve health and educational outcomes associated with reduced poverty and improved economic mobility for Coloradans. To fund the program, the economic mobility program fund (fund) is created and $4 million is transferred to the fund from the economic recovery and relief cash fund. For the 2022-23 state fiscal year, $1,720,060 is appropriated from the fund to the department of public health and environment for use by the prevention services division for maternal and child health and administration and $171,000 is appropriated from the general fund to the department of education for the online platform. (Note: This summary applies to this bill as enacted.)
The act creates a film incentive task force to study how to make the performance-based incentive for film production in Colorado more effective. The task force is required to submit its findings to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee by January 1, 2023. The executive director of the office of economic development is authorized, in the executive director's discretion, to authorize the approval or issuance of an incentive in an amount that exceeds the current statutory limit of 20% of qualifying local expenditures for a production company that qualifies for an incentive. On July 1, 2022, the state treasurer is required to transfer $2 million from the general fund to the Colorado office of film, television, and media operational account cash fund. The $2 million that is transferred is appropriated to the office of the governor for use by the office of economic development for the Colorado office of film, television, and media. (Note: This summary applies to this bill as enacted.)
On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, public places, small businesses, schools, hospitality locations, and state and local government buildings. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products. The act creates the producer responsibility program for statewide recycling advisory board (advisory board), which consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state. Prior to the implementation of the program, the organization must: On or before September 1, 2023, hire an independent third party to conduct an assessment of the recycling services currently provided in the state and the recycling needs in the state that are not being met (needs assessment); On or before January 30, 2024, report the results of the needs assessment to the advisory board and the executive director; On or before March 15, 2024, submit and present the needs assessment to the joint budget committee; and On or before February 1, 2025, after soliciting input from the advisory board and other key stakeholders, submit a plan proposal for the program (plan proposal) to the advisory board and executive director. The plan proposal will initially cover recycling services only for residential covered entities. The plan proposal must: Describe how the organization will meet certain convenience standards and statewide recycling, collection, and postconsumer-recycled-content rates (rates); Establish a funding mechanism through the collection of producer responsibility dues that covers the organization's costs in implementing the program and the costs of the department in overseeing the program; Establish an objective formula to reimburse 100% of the net recycling services costs of public and private recycling service providers (providers) performing services under the program; Provide a list of covered materials (minimum recyclable list) that providers performing services under the program must collect to be eligible for reimbursement under the program; Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035; and Describe a process and timeline, beginning no later than 2028, to expand recycling services to applicable nonresidential covered entities. As part of the program, the organization must: Utilize and expand on providers' existing recycling services to provide statewide recycling services at no charge to covered entities for all covered materials on the minimum recyclable list; Develop and implement a statewide education and outreach program on the recycling and reuse of covered materials; Contract with an independent third party to conduct an annual audit of the program; and Submit an annual report to the advisory board describing the progress of the program (annual report). On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit an individual plan proposal to the advisory board. The advisory board will review and make recommendations on, and the executive director shall approve or reject, the individual plan proposal. The act establishes the producer responsibility program for statewide recycling administration fund (fund). On or before June 30, 2026, and on each June 30 thereafter, the department will notify the organization of its costs in overseeing and enforcing the program, and the organization will transmit a portion of the producer responsibility dues to the fund for the purposes of reimbursing the department for its costs. Effective July 1, 2025, a producer may not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, after January 1, 2029, as set forth in the final plan or another plan approved by the executive director. The advisory board has the following duties: Advise the organization on the needs assessment; Review the needs assessment; Review the plan proposal and make recommendations to the executive director regarding its approval or rejection; Consult with the organization on any amendments to the plan proposal and then make recommendations to the executive director regarding approval or rejection of the amendments; Review the annual report submitted by the organization; and Consult with the organization on the development and updating of the minimum recyclable list. The act establishes an administrative penalty for the organization's or a producer's violation of the relevant statutes and rules. The collected penalties are deposited into the recycling resources economic opportunity fund. For the 2022-23 fiscal year, $119,130 is appropriated from the general fund to the department to implement the act, of which $20,503 is reappropriated to the department of law to provide legal services for the department. (Note: This summary applies to this bill as enacted.)
The act creates the middle-income housing authority (authority) for the purpose of acquiring, constructing, rehabilitating, owning, operating, and financing affordable rental housing projects for middle-income workforce housing. The authority is governed by a board of directors composed of appointees by the governor with the consent of the senate. The bill specifies requirements governing the appointment of board members and other administrative details. The board must solicit project proposals by October 1, 2022. Rental units in affordable rental housing projects must provide middle-income workforce housing with stable rents. The authority is a "public entity" and is a "special purpose authority" for the purpose of TABOR. The authority is authorized to exercise the powers necessary to acquire, construct, rehabilitate, own, operate, and finance affordable rental housing projects, including but not limited to: The power to issue bonds in connection with its affordable rental housing projects payable solely from revenues from affordable rental housing projects and with no recourse to the state; The power to enter into public-private partnerships and to contract with experienced real estate professionals to develop and operate affordable rental housing projects; The power to employ its own personnel or contract with public or private entities, or both, for services necessary or convenient to the conduct of all of the authority's activities; To provide assistance to tenants in its rental housing to enable a transition to home ownership; and To establish one or more controlled entities to carry out its activities.(Note: This summary applies to this bill as enacted.)
The act directs the department of early childhood to contract with a Colorado-based nonprofit entity to provide children's mental health programs. $2,000,000 is appropriated to the department of early childhood from the economic recovery and relief cash fund for use by the community and family support division to implement the provisions of the act. (Note: This summary applies to this bill as enacted.)
The act updates and modifies laws pertaining to the payment of wages and employee misclassification, and the enforcement procedures and remedies for violations of those laws, as follows: Changes the penalties for failure to provide requested information to the division of labor standards and statistics in the department of labor and employment (DLSS) or for hindering or obstructing the director of the DLSS or other person authorized by the director in accessing an employer's premises from a misdemeanor criminal offense to a daily penalty of not less than $50 (sections 1 and 2 of the act); Directs the DLSS to transmit penalties it imposes to the wage theft enforcement fund (sections 1 through 5 and 10); Requires an employer to: Provide notice to an employee, within 10 days after the employment terminates, before deducting from wages or compensation any amount of money or property the employee failed to return or repay upon termination of employment and pay the employee the deducted amount within 14 days after the employee returns or repays the money or property if the employee did so within 14 days after notice is provided (section 6); Imposes automatic penalties of the greater of 2 times the amount of the unpaid wages or $1,000 on an employer that fails to pay all past-due wages within 14 days after a written demand or civil or administrative action for the past-due wages is sent to or served on the employer. If an employee shows that the employer's failure or refusal to pay wages was willful, the employer is subject to penalties equal to the greater of 3 times the amount of unpaid wages or $3,000. The act further states that an employer's second or subsequent failure or refusal to pay wages of the same or similar type within the 5 years preceding a claim is considered per se willful (section 7). If an employer makes a full legal tender of all amounts demanded in good faith within 14 days after a written demand is sent or an administrative claim or civil action is sent or served, the employee is required to dismiss the action (section 7); Eliminates the authority of a court to award an employer reasonable attorney fees and costs in an action in which the employee claimed wages in excess of the greater of $7,500 or the jurisdictional limit for small claims court and the employee does not recover an amount greater than the amount the employer tendered and instead permits a court to award an employer reasonable attorney fees and costs if, within 14 days after a written demand is sent or a civil action is served, the employer makes full legal tender of all amounts demanded in good faith for all employees and the employees ultimately fail to recover a total sum that is greater than the amount tendered (section 8); Allows the DLSS to award an employee reasonable costs incurred in an administrative claim when the employee recovers a sum that is greater than the amount the employer tendered, and, if the employee recovers more than $5,000 in unpaid wages, allows the DLSS to also award the employee attorney fees (section 8); Allows the director of the DLSS to use existing authority under labor laws to gather information pertinent to wage claims from employers, employees, and other persons or entities (section 9); Allows recovery of attorney fees, an additional fine of 50% of the amount of past-due wages, and a penalty of the greater of 50% of past-due wages or $3,000 from an employer that fails to pay an employee past-due wages within 60 days after the determination in favor of the employee (section 9); For a citation, notice of assessment, or order issued against an employer on or after January 1, 2023, requires the DLSS, upon request of an employee, to file a certified copy of the citation, notice, or order with the appropriate clerk of court, after which the clerk is required to enter the citation, notice, or order as a judgment of the court, and the judgment is sufficient to support the issuance of writs of garnishment if the judgment is wholly or partially unsatisfied (section 10); On or after January 1, 2023, authorizes the DLSS, either on its own initiative or within 60 days after receiving a written request from an employee, to issue a notice of administrative lien and levy, similar to a child support enforcement lien, when an employer fails to pay past-due wages, fines, or penalties, which lien attaches to the employer's real or personal property that is in the possession, custody, or control of another person (section 10); Allows an employee who alleges that the employee's employer discriminated or retaliated against the employee for filing or participating in a wage claim to file a civil action to seek relief, including back pay, reinstatement or front pay, payment of unlawfully withheld wages, interest on past-due wages, penalties, liquidated damages, injunctive relief, and attorney fees and costs. The DLSS, after an investigation of a discrimination or retaliation claim, may also order similar relief to an employee, other than attorney fees and costs (section 11). Establishes the worker and employee protection unit (unit) in the department of law to investigate and enforce wage theft and unemployment insurance and misclassification of employees claims under specified circumstances and requires the director of the DLSS to share with the unit any orders the director issued in the previous 12 months finding that an employer has misclassified employees (sections 12 through 15). Section 16 appropriates $345,069 to the department of labor and employment for the 2022-23 state fiscal year to implement the act as follows: $314,019 for use by the DLSS for program costs, including an additional 3.4 FTE; and $31,050 to purchase legal services, which amount is reappropriated to the department of law to provide legal services to the department of labor and employment. Section 16 also appropriates $95,200 to the department of law for the 2022-23 state fiscal year for use by consumer protection to implement the act, which amount assumes the department will require an additional 0.8 FTE. (Note: This summary applies to this bill as enacted.)
