The act expands certain preventive health-care services to include counseling, prevention, and screening for a sexually transmitted infection (STI). The act adds contraception as a mandatory health benefit.Current law requires a health-care provider or facility to perform a diagnostic exam for an STI and subsequently treat the STI at the request of a minor patient. The act 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 act removes the requirement that services be provided by a certified family planning clinic and authorizes reimbursement for family planning services and family-planning-related services provided by any licensed health-care provider.The act appropriates $90,547 to the department of health care policy and financing and $13,353 and provides 0.2 FTE to the department of regulatory agencies for use by the division of insurance to implement the act.(Note: This summary applies to this bill as enacted.)
The act establishes a set of evidence-based definitions to be used when analyzing a program or practice. If a state agency or the office of state planning and budgeting includes an evidence-based evaluation of a program or practice in a budget request or budget amendment, then the state agency or office is required to describe the program or practice using the definitions. In such case, the state agency or office is also required to provide any research that supports the program or practice or a decrease in funding for a program or practice, along with information concerning how the evidence referenced was used in the development of the budget request or budget amendment request.Joint budget committee staff is required to independently analyze and describe the program or practice using the definitions and to include any evidence-based information as part of any recommendation it makes regarding a budget request or budget amendment request. The staff director is required to appoint additional staff as necessary to provide the evidence-based analysis, and upon request, joint budget committee staff shall also assist legislators in incorporating evidence-based assessments in legislation for bills that create a new program or practice.The joint budget committee is required to consider, as one of many factors, any available evidence-based information when determining the appropriate level of funding of a program or practice.(Note: This summary applies to this bill as enacted.)
Subject to available appropriations, the act requires the department of corrections to create a brain injury pilot program to evaluate outcomes for offenders with a brain injury who received screening and support while in the criminal justice system.The act creates in the department of human services the brain injury support in the criminal justice system task force to develop a plan to integrate into the criminal justice system a model to identify and support individuals with a brain injury who are in the criminal justice system.The act appropriates $144,409 and an additional 0.9 FTE to the department of corrections.(Note: This summary applies to this bill as enacted.)
The act makes changes to the provisions of Senate Bill 20-217, enacted in 2020, (SB 217) to provide clarity and address issues discovered since the passage of that bill. SB 217 used the term "exonerated", but never defined it; the act defines "exonerated" and further clarifies the term "contact".The act clarifies some of the circumstances when a body-worn camera must be operating and provisions related to the release of the footage. The act changes the requirement that body-worn camera recordings be released within 21 days from the date of the complaint of misconduct to within 21 days from the date of the request for the video recording. The act states the sanctions for failing to activate a body-worn camera and the 21-day release requirement will take effect on passage of the act if the officer is wearing a body camera and the other body-camera provisions apply on or after July 1, 2022, if an officer is wearing a body-worn camera, even though the requirement for all officers to wear a body camera does not take effect until July 1, 2023. The act requires $2 million to be appropriated to the body-worn camera for law enforcement officers grant program in fiscal year 2021-22.SB 217 required law enforcement to report certain information related to each contact an officer has with a person beginning January 1, 2023. The act changes the start date of the reporting requirement to April 1, 2022. The act clarifies and adds to some of the information that must be reported.If a peace officer is convicted of, found civilly liable for, or found liable in an administrative proceeding for unlawful use of force or failure to intervene, the officer certification must be revoked if death or serious bodily injury occurred or, if serious bodily injury or death did not occur, then the certification must suspended for at least a year. The act creates a process to allow a peace officer to have a hearing by an administrative law judge to determine whether the peace officer's certification should be suspended or revoked.The act prohibits a peace officer's employer or the employer's agent from discharging; disciplining; demoting; denying a promotion, transfer, or reassign; discriminating against; harassing; or threatening a peace officer's employment because the peace officer disclosed information that shows:A danger to public health or safety; or A violation of law or policy committed by another peace officer. Under current law, there is a civil action that permits suit against employers of local law enforcement officers for misconduct. The act permits the Colorado state patrol to also be sued via that civil action. The act also requires the employer to conduct an investigation of an officer prior to determining if the officer acted in good faith.If a person believes that a law enforcement agency has violated the investigation requirement, the person must submit a complaint to the P.O.S.T. board, which shall refer the complaint to an administrative law judge to determine whether a violation occurred. The administrative law judge shall notify the P.O.S.T. board chair of a finding that a violation occurred. If a violation is found, the P.O.S.T. board shall not provide P.O.S.T. cash fund money to the employer for one full year from the date of the finding.Peace officers are required to intervene to prevent or stop unlawful force by another peace officer; the act clarifies the duty only applies to officers while on duty.The act requires that prior to hiring a new employee, appointing a new employee, or transferring an existing employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer.The act clarifies and adds to some of the information required to be included in the P.O.S.T. board database related to peace officer misconduct. The act requires the P.O.S.T. board to adopt procedures to allow a peace officer to seek review of the officer's status in the database.The act requires a governmental entity that encrypts its radio communications to adopt an encryption policy to provide access to unencrypted radio transmissions for members of the media.The act requires the attorney general to convene a study group to study procedures related to the use of no-knock entry warrants and forced entry. The attorney general shall include the study group's findings in its annual "SMART Act" hearing for the 2022 legislative session.The act requires the division of local government in the department of local affairs to contract with a nationally recognized research and consulting entity that is an expert in data-driven, evidence-based policing that is community-focused for an independent study to assess and provide a report and findings on evidenced-based policing national best practices. The consulting entity shall complete an interim study no later than December 30, 2021, and the final study no later than July 1, 2022. An advisory committee is created to the oversee the study and make legislative recommendations based on the studies.For the 2021-22 state fiscal year, the act appropriates $4,065,016 to the department of public safety, of which $3,101,748 is from the general fund and $963,268 is from the highway users tax fund and provides an additional 13.5 FTE. The act appropriates $582,742 from the risk management fund to the department of law and provides an additional 3.0 FTE. The act appropriates $250,000 from the general fund to the department of local affairs.(Note: This summary applies to this bill as enacted.)
The act creates the diaper distribution program (program) in the department of human services (department) to provide diapering essentials to eligible individuals. The department shall solicit interest and cost distribution proposals from diaper distribution centers to administer the program for not more than twelve months after which the department shall commence a selection process that complies with the state procurement code. Diapering essentials must be made available to all parents, guardians, or family members of a child who wears diapers and resides in Colorado.The act allows the department to contract with a third party vendor to solicit, vet, award, and monitor food pantry assistance grants.The act appropriates $2,000,000 from the general fund to the department of human services for use by the office of self sufficiency to implement the diaper distribution program and $5,000,000 from the economic recovery and relief cash fund to the department of human services for use by the office of self sufficiency for the food pantry assistance grant program.(Note: This summary applies to this bill as enacted.)
The department of corrections operates a specialized program for offenders who are serving a prison sentence for a felony offense committed while the offender was a juvenile as a result of criminal charges filed by direct file or transfer proceedings. The act would expand program eligibility to adults serving a sentence for a felony that was committed when the person was under 21 years of age. The act requires the court, when it sentences a person under 21 years of age, to make a statement that it is possible the defendant could serve a portion of the sentence in the specialized program.The act appropriates $118,976 from the general fund and provides 1.4 FTE to the department of corrections to implement the act.(Note: This summary applies to this bill as enacted.)
The act replaces the integrated gasification combined cycle (IGCC) program, which was repealed in 2019, with a mechanism by which an investor-owned utility seeking to implement an innovative energy technology project may apply to the public utilities commission (PUC) to acquire resources that demonstrate the use of innovative, zero-emission technologies for energy generation and storage. To qualify for cost recovery, the utility's expenditures must be determined by the PUC to have been prudently incurred and the utility's return on investment may not exceed the return on a comparably sized photovoltaic or wind-electric generation facility.(Note: This summary applies to this bill as enacted.)
The act prohibits an insurer from:Unfairly discriminating based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression in any insurance practice; or Pursuant to rules adopted by the commissioner of insurance (commissioner), using any external consumer data and information source, algorithm, or predictive model (external data source) with regard to any insurance practice that unfairly discriminates against an individual based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. After a stakeholder process, the commissioner shall adopt rules for specific types of insurance, by insurance practice, which rules establish means by which an insurer may demonstrate that it has tested whether its use of an external data source unfairly discriminates based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. Any such rules shall not become effective until January 1, 2023, at the earliest, for any type of insurance. The rules must require each insurer to:Provide information to the commissioner concerning the external data sources used by the insurer in the development and implementation of algorithms and predictive models for a particular type of insurance and insurance practice; Provide an explanation of the manner in which the insurer uses external data sources for the particular type of insurance and insurance practice; Establish and maintain a risk management framework that is reasonably designed to determine, to the extent practicable, whether the insurer's use of external data sources unfairly discriminates against individuals based on their race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression; Provide an assessment of the results of the risk management framework and actions taken to minimize the risk of unfair discrimination, including ongoing monitoring; and Provide an attestation by the insurer's chief risk officer that the insurer has implemented the risk management framework appropriately on a continuous basis. The rules adopted by the commissioner must include provisions establishing:A reasonable period of time for insurers to remedy any unfairly discriminatory impact in an external data source; and The ability of insurers to use external data sources that have been previously assessed by the division of insurance (division) and found not to be unfairly discriminatory. Documents, materials, and other information in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to the new requirements are recognized as proprietary and containing trade secrets. The commissioner may use the documents, materials, or other information in furtherance of any regulatory or legal action and make the data publicly available in an aggregated or de-identified format.The commissioner may examine and investigate an insurer's use of an external data source in any insurance practice.In the department of regulatory agencies' annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report to the legislative committees of reference, the division shall include:Information concerning any rules adopted pertaining to this act; Information concerning any changes in insurance rates that have resulted from the prohibitions described in the act; and A summary of the stakeholder process, including a description of data sources insurers may use to comply with this act. The requirements described in the act do not apply to:Title insurance; Bonds executed by qualified surety companies; or Insurers of exempt commercial policyholders.(Note: This summary applies to this bill as enacted.)
The act repeals the department of revenue's (department) discretionary authority to take administrative action to:Cancel, deny, or deny renewal of a person's driver's license: For unlawful or fraudulent use or conviction of misuse of license, titles, permits, or license plates; Because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age; or Because the person failed to pay a judgment for using public transportation without paying the fare; and Cancel, deny, or deny renewal of a person's driver's license or identification card because the person failed to register all vehicles owned by the person. The act repeals mandatory administrative actions by the department to revoke a person's driver's license or instruction permit following a first conviction for illegal underage possession or consumption of alcohol or marijuana or attempting to obtain alcohol when underage, and only permits revocation upon a second or subsequent conviction when a person has failed to complete an alcohol evaluation or assessment, education program, or treatment program ordered by the court in connection with the conviction. The revocation can run concurrently with another suspension, revocation, cancellation, or denial.The act repeals mandatory administrative actions by the department to:Revoke a person's driver's license or instruction permit because the person was convicted of, or has received a deferred judgment for, aggravated motor vehicle theft or second degree criminal trespass; Deny issuance or renewal of a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation committed when the person was under 18 years of age or the person failed to pay a monetary judgment for using public transportation without paying the fare; or Suspend the driver's license of certain persons following conviction for selling, serving, or otherwise providing alcohol to or for an underage person or permitting or failing to prevent an underage person from using the person's identification to unlawfully purchase alcohol. The act prohibits the department from denying to issue, renew, or reinstate a person's driver's license because the person failed to pay a monetary judgment or has an outstanding warrant relating to a traffic violation or a municipal violation. The person must pay the required fees for issuance or reinstatement of the license.The act imposes a $25 fee to issue or restore a person's license if the person's license was revoked because of a DUI, DUI per se, DWAI, or UDD conviction.The act establishes a study group to examine methods to encourage people who have received a traffic citation and fail to appear in court to contest the citation or to pay any default judgment associated with the citation. The study group must report its findings and recommendations by December 31, 2021.The act makes transfers from the marijuana tax cash fund (cash fund), adds an allowable appropriation from the cash fund, and makes appropriations.(Note: This summary applies to this bill as enacted.)
The act creates the natural disaster mitigation enterprise (enterprise). The enterprise is governed by a board of directors, imposes a fee on insurance companies that offer certain insurance policies or contracts, and uses the fee revenue to finance the natural disaster mitigation grant program and provide local governments technical assistance on natural disaster mitigation. The enterprise awards natural disaster mitigation grants to assist in the implementation of resilience and natural disaster mitigation measures and to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.Beginning July 1, 2023, the enterprise collects the fee annually from insurers that offer certain policies or contracts. For an insurer, the fee is equal to $2 multiplied by the number of certain policies or contracts of insurance held by the insurer that cover property or risks in the state. These policies include:Fire; Allied lines; Private crop; Farmers multiple peril; Homeowners multiple peril; and Commercial multiple peril. Insurers may recoup the cost of the fee from their policy holders, but insurers may not raise their premiums based on the fee.The board of directors of 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. Both the enterprise and the fee are repealed, effective January 1, 2030.(Note: This summary applies to this bill as enacted.)
The act:Requires each carrier offering medical malpractice insurance in the state to provide information regarding the insurer's policies related to labor and delivery services to the department of public health and environment; Repeals language that gives no force or effect to an advanced directive of a person who is pregnant while the person's fetus is viable; Requires annual reporting to the legislature on the use of restraints on a pregnant person within each jail, private contract prison, and correctional facility; Establishes requirements for each facility that incarcerates or has custody of people with the capacity for pregnancy; Requires the Colorado civil rights commission to receive reports from people alleging maternity care that is not organized for, and provided to, a person who is pregnant or in the postpartum period in a manner that is culturally congruent; maintains the person's dignity, privacy, and confidentiality; ensures freedom from harm and mistreatment; and enables informed choices and continuous support; and Requires each health facility that provides services related to labor and childbirth to demonstrate to the department of public health and environment that the health facility has a policy that meets certain requirements. To implement this act:$148,783 is appropriated from the general fund to the department of corrections for use by institutions; and $50,215 is appropriated from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division.(Note: This summary applies to this bill as enacted.)
The office of the state architect and the department of transportation are each required to establish policies regarding the global warming potential for specific categories of eligible materials used to construct certain public projects.The office of the state architect is required to establish a maximum acceptable global warming potential for each category of eligible material used in certain public projects under its purview. The act specifies which building materials are eligible materials. The office of the state architect is required to base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material and to express it as a number that states the maximum acceptable global warming potential for each category of eligible material.The department of transportation is required to develop policies to determine, track, and record greenhouse gas emissions for each category of eligible materials used in certain public projects under its purview in a manner consistent with criteria in an environmental product declaration.The office of the state architect and the department of transportation are both required to strive to achieve continuous reduction in greenhouse gas emissions in construction materials over time for the projects under their purview.For solicitations for certain public projects under the purview of the office of the state architect or the department of transportation issued after certain dates, the contractor that is awarded the contract is required to submit a current environmental product declaration for each eligible material proposed to be used in the public project.A contractor that is awarded a contract for certain public projects is prohibited from installing any eligible material on the project until the contractor submits an environmental product declaration for that material. If an environmental product declaration is not available for an eligible material, the contractor shall notify the relevant agency of government and install an alternative eligible material with an environmental product declaration. However, if a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the relevant agency of government may waive the requirement that the contractor submit an environmental product declaration for that eligible material before installing it.The office of the state architect and the department of transportation are required to annually report to the general assembly regarding the implementation of the act.(Note: This summary applies to this bill as enacted.)
