The act adds language to strengthen current Colorado law related to protections against discrimination on the basis of disability for persons with disabilities, specifically as those laws relate to accessibility to government information technology. The added provisions include:Prohibiting a person with a disability from being excluded from participating in or being denied the benefits of services, programs, or activities of a public entity or a state agency; Clarifying that such prohibition includes the failure of a public entity or state agency to develop an accessibility plan and fully comply, on or before July 1, 2024, with accessibility guidelines established by the office of information technology (office); Any Colorado agency with the authority to promulgate rules shall not promulgate a rule that provides less protection than that provided by the "Americans with Disabilities Act of 1990". Definitions related to disabilities are added to the statutory sections for the office. The chief information officer in the office is directed to maintain accessibility standards for individuals with disabilities (accessibility standards) for information technology systems employed by state agencies that provide access to information stored electronically and are designed to present information for interactive communications, in formats intended for visual and nonvisual use.The chief information officer in the office is directed to promote and monitor the accessibility standards in the state's information technology infrastructure. The act directs each state agency to comply with the accessibility standards established by the office. The accessibility standards must be established using the most recent web content accessibility guidelines promulgated and published by the world wide web consortium web accessibility initiative or the international accessibility guidelines working group.The act directs each state agency, on or before July 1, 2022, to submit its written accessibility plan to the office. The office shall then work collaboratively with the state agency to review sections related to accessibility standards and to establish implementation methodology. On or before July 1, 2024, each state agency shall fully implement the sections of the state agency's plan related to accessibility standards. The act states that any state agency that is not in full compliance by July 1, 2024, is in violation of the state's laws concerning discrimination against individuals with a disability and is subject to the remedies set forth in statute.Liability for noncompliance as to content lies with the public entity or state agency that manages the content, whereas noncompliance of the platform hosting the content lies with the public entity or state agency that manages the platform.For the 2021-22 state fiscal year, the act appropriates $312,922 to the office of the governor for use by the office of information technology. This appropriation is from the general fund and is based on an assumption that the office will require an additional 0.9 FTE. To implement this act, the office may use this appropriation for enterprise solutions.(Note: This summary applies to this bill as enacted.)
The act:Adds guardian ad litem 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; Requires an injured worker who is claiming 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 after submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request; 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; 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 the evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits; Adds the following conditions that must be met 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 have examined the employee at least 20 months after the date of the injury, have determined that the employee has reached MMI, and have served a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; and the authorized treating physician must have responded that the employee has not reached MMI or must have failed to respond within 15 days after service of the report; 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; Clarifies when benefits and penalties payable to an injured worker are deemed paid; Prohibits an employer or insurer from withdrawing an admission of liability when 2 years or more have passed since the date the admission of liability on the issue of compensability was filed, except in cases of fraud; 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; Clarifies the scope of authority of prehearing administrative law judges; 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 2022; and Clarifies the orders that are subject to review or appeal.(Note: This summary applies to this bill as enacted.)
The act:Specifies title use restrictions for certified addiction specialists, certified addiction technicians, and addiction counselor candidates; Establishes clinical supervision privileges for licensed and certified addiction counselors to provide supervision of persons working toward certification or licensure; and Clarifies the education and hours of practice required to be certified or licensed as an addiction counselor and the scope of practice of licensed addiction counselors. Expands the practice of a certified addiction technician and requires the state board of human services to promulgate rules that include education requirements for certified addiction technicians, certified addiction specialists, and licensed addiction counselors.(Note: This summary applies to this bill as enacted.)
Commencing in 2021, and every year thereafter as part of the presentation by the department of local affairs (DOLA) to its legislative oversight committees in connection with its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, the act requires the division of housing (division) in DOLA to prepare a public report that specifies the total amount of money that:The division or the state housing board (board) was appropriated, awarded, allocated, or transferred from any federal, state, other public, or any private source during the prior fiscal year that may be used for the preservation or production of emergency or affordable housing; The division or the board has awarded from any federal, state, other public, or any private source during the prior fiscal year that may be used for the preservation or production of emergency or affordable housing; and The division or the board expended from state funding during the prior fiscal year on administrative costs associated with each funding source and the number of full-time employees supported by the funding source. The act identifies various items the report must address. The report must be posted on the division's website and shared with the board as well as DOLA's legislative oversight committees as part of its SMART Government Act hearing.(Note: This summary applies to this bill as enacted.)
The act expands the existing "Colorado Student Loan Servicers Act", which applies only to persons who service student loans, by adding a new part 2 covering private lenders, creditors, and collection agencies (private education lenders) in connection with those student education loans that are not made, insured, or guaranteed under federal law and that are used for postsecondary education. The act:Requires private education lenders to register with an assistant attorney general; Requires private education lenders to grant a release to cosigners if certain conditions are met, including 12 months of consecutive, on-time payments, and to ensure that cosigners have access to all documentation and records related to the loan they have cosigned; Expands disability discharge requirements so that a borrower or cosigner may be released from repayment obligations if permanently disabled; Prohibits "robo-signing" of documents used in collection lawsuits and requires specific evidence of loan origination and chain of ownership of the debt before a loan creditor or collection agency may commence legal proceedings; Prohibits auto-defaults, in which a loan is declared immediately due and payable upon the death or bankruptcy of a cosigner even when there has been no default in payments; and Provides legal recourse for borrowers who are harmed by predatory acts and practices of a private education lender. A violation of the new part 2 is defined as a deceptive trade practice under the "Colorado Consumer Protection Act".(Note: This summary applies to this bill as enacted.)
The act creates the agricultural events relief program in the department of agriculture to provide COVID-19 relief payments to agricultural events organizations, and appropriates $2 million from the general fund for the program. In addition, the act appropriates:$5 million for the Colorado state fair and industrial exhibition; $25 million for aiding the national western stock show event in constructing the national western stock show's campus; and $3.5 million for the national western stock show.(Note: This summary applies to this bill as enacted.)
The act directs the department of higher education and the department of education to convene a workgroup on diversity in the educator workforce (workgroup).The department of higher education and the department of education shall select the members of the workgroup. The departments may seek recommendations or nominations from interested stakeholders. The workgroup members must be representative of the racial and ethnic diversity of the Colorado student population by ensuring that at least 50% of the workgroup is comprised of persons from historically underrepresented minority groups.The workgroup shall investigate barriers to the preparation, retention, and recruitment of a diverse educator workforce and shall consider strategies to increase diversity in the educator workforce. The act includes specific issues for the workgroup to consider.The workgroup shall submit a written report of its findings and recommendations to the education committees of the general assembly no later than September 30, 2022. The workgroup may submit interim findings and recommendations during the 2022 legislative session.Under current law, the department of higher education reports annually concerning educator preparation programs, including enrollment, graduation rates, outcomes of graduates, and performance on assessments administered for licensure. The act requires the department of higher education to include the required information disaggregated by the candidates' or graduates' gender, race, and ethnicity. Further, the information contained in the annual report must be posted on the department of higher education's and the department of education's websites.The act appropriates $20,115 from the general fund and provides 0.3 FTE to the department of education to implement the act and appropriates $7,400 from the general fund to the department of higher education to implement the act.(Note: This summary applies to this bill as enacted.)
Beginning July 1, 2021, the act prohibits an employer from paying an employee whose earning capacity is impaired by age, physical or mental disability, or injury less than minimum wage if the employer does not hold a special certificate issued on or before June 30, 2021, by the United States department of labor that authorizes the employer to pay wages below minimum wage to those employees. The act phases out subminimum wage employment for employers that hold a special certificate and by June 30, 2022, requires each employer that holds a special certificate to submit a transition plan to the department of health care policy and financing (department) detailing how the employer plans to phase out subminimum wage employment by July 1, 2025. On and after July 1, 2025, an employer is prohibited from paying an employee with a disability less than minimum wage regardless of whether the employer was issued a special certificate.The act requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to:Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and Report the recommendations to specified committees of the general assembly. The act also continues operation of the partnership, which was scheduled to repeal on July 1, 2021, indefinitely.The act requires the department to seek federal approval to add employment-related services for individuals with intellectual and developmental disabilities under the state's medicaid waiver services.$90,691 is appropriated to the department to implement the act. The department also expects to receive $409,885 in federal funds to implement the act.(Note: This summary applies to this bill as enacted.)
Current law requires the public utilities commission (commission) to oversee the safety and oversight of medicaid nonmedical and nonemergency medical transportation services (transportation services). The act eliminates the commission's responsibility to oversee the safety and oversight of the transportation services.The act requires the department of health care policy and financing (department) to oversee the safety and oversight of the transportation services. If a provider of transportation services already complies with the transportation safety standards established by another state department which meet or exceed the rules and processes established by the department, demonstrating such compliance to the department is sufficient to verify compliance with the requirements of the act. The act also requires the department to collaborate with stakeholders, including but not limited to disability and member advocates, PACE providers, transportation brokers, and transportation providers, to establish rules and processes for the safety and oversight of transportation services.For the 2021-22 state fiscal year, the general fund appropriation made in the annual general appropriation act to the department for transfer to the department of regulatory agencies for regulation of medicaid transportation is decreased by $66,003. The same amount is appropriated from the general fund to the department for medical and long-term care services for medicaid-eligible individuals.(Note: This summary applies to this bill as enacted.)
The act creates the Colorado agricultural future loan program (loan program) in the department of agriculture (department) and requires the department to administer the loan program.Beginning on or before January 1, 2022, and until January 1, 2025, the department may distribute money from the Colorado agricultural future loan program cash fund (fund), which is also created in the act, to financial entities to award farm-to-market infrastructure loans to eligible applicants. The department is not permitted to engage in direct lending activities.Beginning on or before January 1, 2022, the department may award farm-to-market infrastructure grants to eligible applicants.In administering the loan program, the department, to the extent practicable, shall attempt to award:A total of at least $5 million but no more than $10 million in the form of farm-to-market infrastructure loans or farm-to-market infrastructure grants by June 30, 2022; and A total of at least $10 million but no more than $20 million in the form of low-interest loans to eligible applicants by December 31, 2022. In administering the loan program on and after January 1, 2023, to the extent practicable, the department shall prioritize the provision of loans to eligible farmers or ranchers who apply for loans from the loan program and who have owned or operated a farm or ranch for less than 10 years or represent a population that is underserved or underrepresented in Colorado agriculture.The commissioner of agriculture is required to promulgate rules to implement the loan program, and the department is required to submit an annual report to the general assembly concerning the loan program.The act requires the state treasurer to transfer $30 million from the general fund to the fund for use by the department to implement and administer the loan program. The money in the fund is continuously appropriated to the department to expend for the loan program.For the 2021-22 state fiscal year, the act appropriates $165,890 to the department of law, from reappropriated funds received by the department of agriculture in the fund, to provide legal services to the department of agriculture.(Note: This summary applies to this bill as enacted.)
The act creates the rent reporting for credit pilot program (pilot program) and directs the Colorado housing and finance authority (authority) to contract with a third party (contractor) to administer the pilot program in accordance with rules promulgated by the authority.The contractor shall recruit no more than 10 landlords to participate in the pilot program and, to the extent practicable, shall attempt to include a total of at least 100 participant tenants, with an emphasis on selecting participant tenants from populations that are under-served and under-represented in home ownership. To the extent practicable, the contractor shall recruit participant landlords who offer:A variety of types of dwelling units for rent, including dwelling units of various sizes; Dwelling units for rent that are located in diverse areas of the state; and At least 5 dwelling units for rent. In order to become a participant landlord, a landlord must agree in writing to certain terms. A tenant may participate in the pilot program only if the tenant elects to participate and completes a financial education course.On or before June 1, 2024, the authority, in consultation with the contractor, shall submit to the governor and the general assembly a report concerning the pilot program.The act requires the state treasurer to issue a warrant in the amount of $205,000 from the treasury department to the authority for the implementation of the program and, accordingly, for the 2021-22 fiscal year, the act appropriates $205,000 from the general fund to the treasury department for this purpose.The pilot program is repealed, effective September 1, 2024.(Note: This summary applies to this bill as enacted.)
The act creates the legislative interim committee on school finance (interim committee). The interim committee will meet during the 2021 and 2022 legislative interims and during the 2022 and 2023 legislative sessions to approve legislation. The committee consists of 4 senators and 4 representatives with equal representation from each party. The act specifies the issues the interim committee must consider. The interim committee may introduce up to a total of 5 bills, joint resolutions, and concurrent resolutions in each of the 2022 and 2023 legislative sessions. The interim committee will contract with a qualified third-party vendor to study approaches to better measure student economic disadvantage in Colorado in addition to or in lieu of using eligibility for the federal school lunch program as a proxy for at-risk students.The act appropriates $100,153 from the general fund to the legislative department to implement the act.(Note: This summary applies to this bill as enacted.)
