Under current law, only nursing facilities that are within a locality that has increased its local minimum wage are eligible to receive annual supplemental payments to increase the minimum wage for nursing facility employees up to the minimum wage set by the locality. The act changes the definition of "eligible nursing facility provider" and makes other conforming changes to allow any Colorado nursing facility that meets the defined criteria to be eligible to receive wage enhancement supplemental payments, as defined in the act, to increase the minimum wage for nursing facility employees to at least $15 per hour. The act appropriates $2,389,627 from federal funds in the general fund to the department of health care policy and financing for medical and long-term care services for medicaid eligible individuals. (Note: This summary applies to this bill as enacted.)
The licensing services cash fund (fund) consists mainly of fees charged for the issuance of drivers' licenses, driving permits, and state identification cards. The department of revenue (department) uses the fund primarily to fund the issuance of those documents. The Colorado DRIVES vehicle services account (DRIVES account) of the highway users tax fund consists mainly of vehicle title and registration fees and specific ownership tax transaction fees. The department uses the DRIVES account for the development and operation of the department's driver and motor vehicles services software platform commonly known as Colorado DRIVES. Effective July 1, 2022, the act merges the fund into the DRIVES account, which involves: Repealing the fund and requiring all money in the fund to be credited to the DRIVES account; Requiring all fees that had been credited to the fund to instead be credited to the DRIVES account; and Requiring all functions that had been funded from the fund to instead be funded from the DRIVES account. The act also requires DRIVES account investment earnings to be credited to the account. (Note: This summary applies to this bill as enacted.)
Under current law, the department of human services (state department) may charge an administrative fee to an agency that receives commodities through a food distribution program on a monthly basis. The act changes this to allow the state department to collect an administrative fee at least once every calendar year or when an agency's account balance reaches $100 or more. (Note: This summary applies to this bill as enacted.)
The act strikes references to the federal food and drug administration in the health insurance code and replaces the references with the term "FDA", which is defined for the entire code to mean the federal food and drug administration. (Note: This summary applies to this bill as enacted.)
When the marijuana tax cash fund (fund) was initially created, money in the fund was only available to be appropriated for fiscal years following the fiscal year in which it was received by the state. In 2020, the general assembly repealed this restriction, but in 2021, the restriction was inadvertently reinstated by legislation that made an unrelated conforming amendment. The act corrects this error, which permits the general assembly to appropriate money from the fund for the same fiscal year in which it is received. The reserve requirement for the fund is established as 15% of the amount appropriated for a fiscal year, instead of 93% of the beginning balance in the fund. This reserve excludes any money from the fund that is designated to constitute part of the state emergency reserve. The act also delays a portion of a statutory transfer from the fund to the public school capital construction assistance fund (BEST fund). A transfer of $100 million on June 1, 2022, is reduced to $50 million, and the state treasurer is required to transfer $30 million and $20 million from the fund to the BEST fund in the 2022-23 and 2023-24 state fiscal years. (Note: This summary applies to this bill as enacted.)
The act modifies the manner in which specified motor vehicle-related functions of the department of revenue (department) are funded by: Repealing annual statutory transfers from the marijuana tax cash fund to the licensing services cash fund for use by the hearings division and the division of motor vehicles in the department; Reducing the total amount appropriated to the hearing division and the division of motor vehicles that previously would have been funded with the marijuana tax cash fund transfers to the licensing services cash fund by 10%, and requiring such funding to be provided from "off the top" highways users tax fund (HUTF) appropriations rather than by licensing services cash fund appropriations through a statutory authorization for that use of "off the top" HUTF money and the following appropriations: A decrease of $713,000 in the 2022-23 long bill cash funds appropriation from the licensing services cash fund for personal services in the hearings division; A decrease of $548,000 in the 2022-23 long bill cash funds appropriation from the licensing services cash fund for Colorado driver's license, record, identification, and vehicle enterprise solution (DRIVES) maintenance and support in the division of motor vehicles; and A 2022-23 state fiscal year "off the top" HUTF appropriation of $1,261,000 to the department, which may use $713,000 of the appropriation for personal services in the hearings division and $548,000 of the appropriation for DRIVES maintenance and support in the division of motor vehicles.(Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to credit any interest and income derived from the deposit and investment of federal funds that the state received from the federal coronavirus state fiscal recovery fund to the state emergency reserve cash fund, which is available for declared emergencies only as required by the taxpayer's bill of rights. (Note: This summary applies to this bill as enacted.)
In 2005, the voters approved referendum C, which authorized the state to retain state revenues up to the excess state revenues cap to be spent on specified uses (excess state revenues). The general fund exempt account (account) was created within the general fund and it includes an amount equal to the excess state revenues. There is a statutorily required allocation of the money in the account for uses that are consistent with the uses approved by the voters in referendum C. The actual amount of the excess state revenues, however, is not known until after the last day of the fiscal year. The act addresses the discrepancy between the amounts appropriated or transferred from the account and the actual amount of the excess state revenues. If the appropriations and transfers from the account are less than the actual excess state revenues, then some of the revenue in the general fund is also designated as excess state revenues. Appropriations from the general fund for medical and long-term care services for medicaid eligible individuals and the state share of districts' total program funding, or their successor line items, are designated as how the state uses this revenue. If the appropriations and transfers from the account are more than the actual excess state revenues, then a portion of the account, and a corresponding percentage of all appropriations and transfers from it, are designated as not being excess state revenues. (Note: This summary applies to this bill as enacted.)
The act changes the name of Pikes Peak community college to Pikes Peak state college. (Note: This summary applies to this bill as enacted.)
The act authorizes digital license plates to be used in lieu of metal license plates if the registration number and expiration date are visible from 100 feet away in sunlight. The plates need not display more than one color. The department of revenue (department) may permit messaging and other digital functionality on digital plates. The department will consult with the state patrol to adopt rules governing the use, requirements, approval process, proposals, relocation, and reporting of the plates. The department will review the implementation of the plates one year after promulgating the rules and submit a report to the transportation legislation review committee. The act is scheduled to repeal on September 1, 2027, but before the repeal, it will undergo a sunset review, which may suggest changes or that the act be repeal or continued. (Note: This summary applies to this bill as enacted.)
The act allows local education providers, upon entering into an agreement with an individual or entity that offers hunter education courses certified by the division of parks and wildlife (division), to provide a hunter education course (course) to all seventh graders. The act does not preclude a local education provider from offering hunter education courses as an elective course in any other grade. The course must satisfy the requirements of a hunter education course certified by the division; except that hands-on activities are not required. The course must be taught by a division-certified instructor. A parent or legal guardian must provide permission for a student to participate in any hands-on activities that are offered as part of the course. A hunter education course shall only allow the possession of inert firearms and dummy rounds on the grounds of any elementary, middle, junior high, or high school. The act defines local education providers to mean school districts, charter schools, and boards of cooperative services that enroll students in seventh grade. The parks and wildlife commission may accept completion of a course toward meeting the requirements of a hunter education certificate. (Note: This summary applies to this bill as enacted.)
For county court organizational and administrative purposes, the act changes the classifications of Garfield and Montezuma counties from Class C to Class B. For Garfield county, the act amends the requirement that the associate county court judge in Rifle must maintain an official residence in Rifle and instead requires an official residence anywhere in Garfield county. For Rio Blanco county, the act amends the requirement that the associate county court judge in Rangley must maintain an official residence in Rangley and instead requires an official residence anywhere in Rio Blanco county. (Note: This summary applies to this bill as enacted.)
