The act establishes the federal Indian boarding school research program (research program) in the state historical society, known as history Colorado, to research and make recommendations to promote Coloradans' understanding of the physical and emotional abuse and deaths that occurred at federal Indian boarding schools in Colorado, including the victimization of families of youth forced to attend the boarding schools and the intergenerational impacts of the abuse. In addition to consultation with the Southern Ute Tribe and the Ute Mountain Ute Tribe described in the act, history Colorado shall consult with the Colorado commission of Indian affairs (commission) and may consult with any other federally recognized Indian tribe. As part of the research program, the act requires history Colorado to research events, abuse, and deaths that occurred at the federal Indian boarding school at Fort Lewis, which was known as the Fort Lewis Indian school. History Colorado may enter into an agreement with a third party to conduct parts of the research. History Colorado is required to provide the commission, Southern Ute Tribe, and the Ute Mountain Ute Tribe with periodic updates about its research and is required to deliver a final report to the commission, Southern Ute Tribe, and the Ute Mountain Ute Tribe by June 30, 2023. The act requires history Colorado, after delivering its final report, to facilitate consultation with the commission, the Southern Ute Tribe, and the Ute Mountain Ute Tribe to develop recommendations necessary to better understand the abuse and victimization that occurred at, and is related to, federal Indian boarding schools and to support healing in tribal communities. History Colorado must make the recommendations publicly available. The department of human services (department) owns and operates a regional center on the property that was formerly the Teller institute federal Indian boarding school. The act requires the department to vacate the property and sell all or a portion of the property, or transfer all or a portion of the property, to a state institution of higher education, a local government, a state agency, or a federally recognized tribe in Colorado. The department is not permitted to sell or transfer the property until after the identification and mapping of any graves of students buried at the federal Indian boarding school that was located on the property and until after the department develops a plan, in consultation with tribal governments, to acknowledge the abuse and victimization of students and families related to the operation of the school. The act appropriates $618,611 from the general fund to the department of higher education for use by history Colorado for the research program. (Note: This summary applies to this bill as enacted.)
Whenever a child is conceived or born as a result of an assisted reproduction procedure (procedure) and the person who did not give birth is a parent or a presumed parent, the act allows the parents to complete an adoption of the child to affirm parentage. In such an instance, both parents must join the adoption petition as petitioners. The act details what must be included on a form for adoption or a voluntary acknowledgment of parentage to acknowledge parentage of the child, as well as jurisdictional requirements and options. The act clarifies the requirements for parentage when a child is conceived through a procedure, including that the donor of gametes used in the procedure is not considered a parent, unless the gamete donor is a spouse or civil union partner of the person who gives birth to the child. (Note: This summary applies to this bill as enacted.)
If the state exceeds its constitutional spending limit, then it is required by the Taxpayer's Bill of Rights (TABOR) to refund the excess state revenues (TABOR refunds). There are currently 3 TABOR refund mechanisms: Reimbursement to counties for the senior homestead exemption, a temporary income tax rate reduction, and a sales tax refund. The act establishes a temporary fourth TABOR refund mechanism for excess state revenues from all sources for state fiscal year 2021-22. Under this mechanism, if the amount of excess state revenues exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the senior homestead exemption and, if applicable, through the temporary income tax rate reduction, then on or before September 30, 2022, the department of revenue is required to issue refund checks to every qualified individual in an identical amount; except that, for qualified individuals who were granted an extension to file a state income tax return and timely file the state income tax return, the refund checks must be issued on or before January 31, 2023. The refund amount is $400 for every qualified individual who files a single income tax return or who applies for a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who apply for a property tax, rent, or heat credit rebate; except that: If the anticipated aggregate amount of the refund plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction is estimated to refund less than 85% of the total amount of excess state revenues, then the executive director of the department of revenue must increase the refund amount so that the aggregate amount refunded is approximately equal to 85% of the total excess state revenues inclusive of amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction; and If the anticipated aggregate amount of the refund, plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction, is estimated to refund more than 87% of the total excess state revenues, then the executive director of the department of revenue may decrease the refund, to avoid an over-refund, to an amount less than $400 for every qualified individual who files a single income tax return or who receives a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who receive a property tax, rent, or heat credit rebate. Any increase or decrease to the refund amount must be rounded to the nearest fifty dollar increment and must maintain an equal temporary refund for every qualified individual that is doubled for each pair of qualified individuals filing a joint return or applying jointly for a property tax, rent, or heat credit rebate. "Qualified individual" is defined for purposes of the act as a natural person who is at least 18 years of age on or before December 31, 2021, is a Colorado resident for the entire 2021income tax year, and files a state income tax return for the 2021 income tax year or applies for a property tax, rent, or heat credit rebate. $2,578,995 is appropriated from the general fund to the department of revenue to implement the temporary TABOR refund mechanism and $1,715,635 of that appropriation is reappropriated to the department of personnel to provide related document management services for the department of revenue. (Note: This summary applies to this bill as enacted.)
The act appropriates the following amounts from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system, $380,000; Continuation of the Colorado floodplain map modernization program, $500,000; Continuation of the weather modification permitting program, $350,000; Continuation of technical assistance for federal cost-share programs, $300,000; Continuation of the Arkansas river decision support system, $500,000; Continuation of the Colorado Mesonet project, $150,000; Continuation of the water forecasting partnership project, $450,000; Support of modeling and data analyses for the upper Colorado river commission's interstate planning and negotiation efforts, $200,000; Performance of comprehensive dam safety evaluations for the reservoir enlargement assessment project, $250,000; Support of the Platte river recovery implementation program, $3,800,000; and Support of Republican river matters related to meeting compact compliance obligations, $2,000,000. The act appropriates $8,200,000 from the water plan implementation cash fund to the CWCB for grant-making for projects that assist in implementing the state water plan. The act directs the state treasurer to transfer the following amounts on July 1, 2022: Up to $2,000,000 from the CWCB construction fund to the litigation fund; and $1,000,000 from the CWCB construction fund to the water plan implementation cash fund. The act authorizes the CWCB to make loans of up to $13,130,000 from the CWCB construction fund to the town of Breckenridge to rehabilitate the Goose Pasture Tarn dam. (Note: This summary applies to this bill as enacted.)
The act creates the groundwater compact compliance and sustainability fund (fund) to help finance groundwater use reduction and sustainability efforts in the Rio Grande river basin and the Republican river basin, such as efforts to buy and retire irrigation wells and irrigated acreage in the river basins. The Colorado water conservation board (board) administers the fund and can make expenditures from the fund based on recommendations from the board of directors of the Rio Grande water conservation district or the Republican river water conservation district. A conservation district's recommendations must first be approved by the state engineer. For the 2022-23 state fiscal year, $60 million is appropriated from the economic recovery and relief cash fund to the fund and, on August 15, 2024, up to $20 million of any unobligated money in the fund is transferred to the water plan implementation account, which account the board administers to finance efforts to help accomplish critical actions identified in the state water plan. The board and any recipient of money from the fund or the account must comply with the compliance, reporting, record-keeping, and program evaluation requirements that the office of state planning and budgeting and the state controller establish for use of money allocated to the state pursuant to the "American Rescue Plan Act of 2021". (Note: This summary applies to this bill as enacted.)
The act continues the spending authority granted to the department of agriculture as follows: The $3 million appropriation in Senate Bill 21-235, concerning additional funding for programs of the department of agriculture to support increased efficiency in agricultural operations, from the agriculture value-added cash fund to make grants to implement renewable energy and energy efficiency projects, conduct energy audits, and provide technical assistance is continued through the end of the 2022-23 state fiscal year; The $2.5 million appropriation in Senate Bill 21-203, concerning an appropriation to the department of agriculture for the Colorado proud program, from the general fund for use by the agricultural markets division for the Colorado proud program is continued through the end of the 2023-24 state fiscal year; and The $5 million appropriation in House Bill 21-1262, concerning monetary support for agricultural events in Colorado, from the Colorado state fair authority cash fund for use by the Colorado state fair is continued through the end of the 2022-23 state fiscal year.(Note: This summary applies to this bill as enacted.)
The act creates the public defender and prosecutor behavioral health support program (program) in the department of local affairs (department). The department allocates fifty percent of program money and any gifts, grants, and donations received to the office of the state public defender and the remaining fifty percent to the Colorado district attorneys' council (CDAC). CDAC administers a grant program to award grants to individual district attorney's offices. A grant recipient and the office of the state public defender may use program money for counseling services, including reimbursements for the costs of counseling services; training and education programs that teach the symptoms of job-related trauma and how to prevent and treat trauma; and peer support programs. The office of the state public defender and CDAC are annually required to report to the House and Senate judiciary committees about the grant program. The act prohibits a district attorney or public defender peer support team member from being examined as a witness in court about any communication between the peer support team member and a person receiving peer support services without the consent of the person who received the peer support services. The act appropriates $500,000 from the general fund for the public defender and prosecutor behavioral health support program. (Note: This summary applies to this bill as enacted.)
A commission on judicial discipline (commission) is established in current law pursuant to section 23 (3) of article VI of the state constitution. The act implements the commission by: Specifying the duties of the commission; Establishing and specifying the duties of an office of judicial discipline (office) as an independent office within the judicial department; Authorizing the commission to appoint an executive director of the office and specifying the duties of the executive director; Authorizing the commission to appoint and determine the duties of special counsel, which may include representing the people in formal proceedings; Establishing immunity for commissioners; Requiring the attorney general to provide legal services to the commission and office; Specifying when information should be shared among offices within the judicial department responsible for reviewing actions of current and potential judges and justices; Specifying duties of personnel within the judicial department when they become aware of potential issues of judicial discipline; and Establishing a special cash fund and specifying sources of money for the fund and uses of the money in the fund. For rules, guidelines, and procedures relating to judicial discipline adopted by the supreme court, the act requires the supreme court to: Provide the commission with notice and an opportunity to object and, if the commission objects, to engage with the commission in good-faith efforts to resolve differences; and Post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court. The act creates the legislative interim committee on judicial discipline to study Colorado's system of judicial discipline and make recommendations for necessary changes to that system. The act appropriates: $1,143,438 from the general fund to the commission to implement the act; $88,713 to the department of law from reappropriated funds from the commission; and $53,463 from the general fund to the legislative department for expenses of the interim committee.(Note: This summary applies to this bill as enacted.)
The act requires the judicial department to publish opinions of the Colorado supreme court and the Colorado court of appeals online on or before March 1, 2024, but no earlier than July 1, 2023. The opinions must be published online in a searchable format and be available free of charge. Colorado supreme court and court of appeals opinions that are not published pursuant to state law or court rules are exempt from the online publishing requirement. The judicial department and the general assembly must each include a link to the opinions web page in a conspicuous place on their websites. The act appropriates $100,000 to the judicial department for information technology infrastructure. (Note: This summary applies to this bill as enacted.)
On or before February 28, 2023, the state archivist is required to submit to the state capitol building advisory committee a proposal for the creation of a permanent public display of the original Colorado constitution in the state capitol building. The proposal must also include a proposal for displaying the original Colorado constitution in other state government buildings. The state archivist is required to collaborate with History Colorado to ensure adherence to the best practices when presenting the original Colorado constitution in the existing environmental conditions of the state capitol and other government buildings. History Colorado is also required to advise and consult with the state archivist regarding the creation of an appropriate display that will safeguard the original draft of the Colorado constitution. The state capitol building advisory committee is required to evaluate and consider whether to approve the proposal in accordance with the criteria for placing displays within the state capitol building and in accordance with best practices for displaying historic documents in a manner that safeguards the documents against deterioration. The state archivist, in partnership with history Colorado, is required to create an online exhibition of the Colorado constitution. The exhibition must include educational opportunities and history and must ensure that the electronic copy of each version of the Colorado constitution is available to the public in a searchable format through the website of the office of the state archives and history Colorado. The state archivist may contract with an online exhibit design company to determine the best practices when presenting the Colorado constitution in an educational format that is easily accessible and user-friendly for the general population of the state. The exhibit design company may coordinate as necessary with the state archivist, history Colorado, the office of legislative legal services, the secretary of state's office, and other relevant government agencies in the creation of the online exhibition. The state archivist, in partnership with history Colorado, is also required to create opportunities to provide updated physical copies of the constitution or other educational opportunities related to the updated physical copy of the Colorado constitution within state offices. The state archivist and history Colorado are required to ensure that the constitution will be easily accessible and user-friendly for the general population of the state. The state archives is authorized to solicit, accept, and expend bequests, gifts, grants, or donations for the purposes of the act. (Note: This summary applies to this bill as enacted.)
The act establishes 3 new grant programs within the division of criminal justice (division) in the department of public safety: A multidisciplinary crime prevention and crisis intervention grant program to award grants to law enforcement, other local governmental agencies, federally recognized Indian tribes, community-based organizations, and third-party membership organizations or administrators to identify high-crime areas and to implement crime prevention and intervention strategies in those areas; A law enforcement workforce recruitment, retention, and tuition grant program to award grants to law enforcement agencies to address workforce shortages, improve training, and improve relationships between law enforcement and impacted communities; and A state's mission for assistance in recruitment and training (SMART) policing grant program to increase the number of P.O.S.T.-certified and non-certified law enforcement officers who are representative of the communities they police and provide training for those additional law enforcement officers. The act directs the executive director of the department of public safety to establish policies and procedures and create advisory committees consisting of diverse members to review applications and make recommendations on who should receive grants and the amount of the grants. The act requires the division to create a project management team to coordinate grant programs. The act requires the division to host a statewide forum which may be facilitated by a national criminal justice organization to solicit suggestions on crime prevention measures related to the grant programs. The act requires the general assembly to appropriate money for the grant programs in the 2022-23 and 2023-24 fiscal years, for the statewide forum in the 2022-23 fiscal year, and for the project management team in the 2022-23 and 2023-24 fiscal years. The act appropriates from the general fund: $300,000 to the division of criminal justice in the department of public safety to implement the act; $7.5 million to the multidisciplinary crime prevention and intervention grant fund; $3.75 million to the law enforcement workforce recruitment, retention, and tuition grant fund; and $3.75 million to the SMART policing grant fund.(Note: This summary applies to this bill as enacted.)
House Bill 21-1198 established health-care billing requirements for indigent patients beginning June 1, 2022. The act changes the beginning date to September 1, 2022. (Note: This summary applies to this bill as enacted.)
