The act specifies measures in several categories to protect personal identifying information (PII) kept by state agencies.Limitations on PII shared by state agencies: A state agency employee is prohibited from disclosing or making accessible PII that is not available to the public for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order. The department of revenue is prohibited from sharing motor vehicle records with law enforcement agencies and other government agencies if the information is to be used for the purpose of investigating for or assisting in federal immigration enforcement, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order.Reduction of PII collected by state agencies: Beginning January 1, 2022, a state agency employee is prohibited from inquiring into, or requesting information or documents to ascertain, a person's immigration status for the purpose of identifying if the person has complied with federal immigration laws except as required by state or federal law or as necessary to perform state agency duties, or to verify a person's eligibility for a government-funded program for housing or economic development if verification is a condition of the government funding.In addition, beginning January 1, 2022, a state agency shall not collect data regarding a person's place of birth, immigration or citizenship status, or information from passports, permanent resident cards, alien registration cards, or employment authorization documents, except as required by state or federal law or as necessary to perform state agency duties, or to verify a person's eligibility for a government-funded program for housing or economic development if verification is a condition of the government funding.Access to state agency records: Beginning January 1, 2022, to be granted access to PII through a database or automated network maintained by a state agency that is not otherwise available to the public, a third party must have, within the past year, certified under penalty of perjury that the third party will not use or disclose PII obtained for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order that is not related to prosecution for a violation of specified provisions of federal immigration law. The attorney general's office is required to create a model certification form and provide it to state agencies.Record keeping and reporting: The act specifies what a request for records includes and does not include for purposes of the act. Beginning January 1, 2022, if a third party requests a record from a state agency and the record contains PII, the state agency is required to retain a written record of the request that contains specified information (written record). Beginning January 1, 2022, and on a quarterly basis thereafter, the state agency is required to provide the information contained in the written record to the governor's office of legal counsel and to attest that no request was granted for any purpose prohibited by the act. On March 1, 2022, and on a quarterly basis thereafter, the governor's office is required to provide a report to the joint budget committee of the general assembly containing quarterly and year-to-date summaries of the information provided by state agencies in the written record.For a request made by a third party through the Colorado driver's license, record, identification, and vehicle enterprise solution, if the department of revenue is unable to gather the information for the written record because doing so would require technology or programming changes outside the department's control, the department is required to continue to allow access to the information if access is required by state or federal law or is a condition of receiving federal or state funding. The department of revenue is required to submit quarterly reports including the identity of the third party, the reason for the inability to collect the written record, and an attestation that the department of revenue and third party have met the other applicable requirements of the act.Data privacy breaches: Any state agency employee who intentionally violates the provisions of the act is subject to an injunction and is liable for a civil penalty of not more than $50,000 for each violation.The act includes an identification document issued to an individual who is not lawfully present in the United States in the list of records that the department of revenue shall not allow a person to inspect pursuant to the "Colorado Open Records Act". In addition, the act specifies that the provisions of the act are included in the laws that the department of revenue is required to follow when releasing records for public inspection.(Note: This summary applies to this bill as enacted.)
The act allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness. The act expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness.The act transfers $30 million from the affordable housing and home ownership cash fund to the housing development grant fund for the funding of rental assistance and tenancy support programs related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties. The act also transfers $15 million from the general fund to the affordable housing and home ownership cash fund.Additionally, the act requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.Finally, the act further expands the permissible use of the housing development grant fund to allow the awarding of grants to nonprofit organizations for the issuance of direct assistance to individuals who are currently experiencing financial need and are not eligible for certain other types of assistance. The act transfers $15 million from the general fund to the housing development grant fund for this purpose and requires the state treasurer to transfer all unexpended and unencumbered money that is transferred to the fund for this purpose to the general fund on June 30, 2022.(Note: This summary applies to this bill as enacted.)
The act requires the state department of human services (state department), beginning in state fiscal year 2024-25, to use the child welfare allocations funding model (funding model) to determine the capped and targeted allocations for child welfare services and the funding required for adoption and relative guardianship subsidies, the independent living program, additional county child welfare staff, and family and children's programs.The funding model determines the appropriate level of funding required to fully meet all state and federal requirements concerning the comprehensive delivery of child welfare services. The act clarifies what must be included in the funding model and requires the state department and the child welfare allocations committee to annually submit a report on the funding model to the joint budget committee.The state department is required to enter into a 3-year agreement with an outside entity to annually modify the funding model based on recommendations from the child welfare allocations committee and evaluations and deliver the results of the model each year. The act requires a child welfare workload study to inform the funding model. To maintain the integrity of the data used in the funding model, the child welfare allocations committee annually examines county practices regarding data collection and financial management, an evaluation group annually evaluates the funding model, and, every 3 years, an outside evaluating entity conducts a comprehensive evaluation of the implementation of the funding model.The act includes a $250,000 appropriation to the state department.(Note: This summary applies to this bill as enacted.)
The act creates the foster youth in transition program (transition program) in the state department of human services (state department) to be implemented in county departments of human or social services (county departments) throughout the state. The purpose of the transition program is to allow foster youth who meet eligibility criteria to voluntarily continue to receive certain child welfare services (services) up until the last day of the month of the youth's twenty-first birthday, or such greater age of foster care eligibility as required by federal law. Services provided through the transition program must be client-directed and developmentally appropriate as set forth in and agreed to through a voluntary services agreement (agreement) developed and entered into between the youth and county department.The act sets forth the eligibility criteria a youth must meet in order to voluntarily participate in the transition program. A youth who is no longer under the jurisdiction of the juvenile court and thinks he or she is eligible for the transition program may make a written request to the juvenile court (court) or county department where the youth resides. The county department shall make a determination of eligibility. If the youth is eligible, the county department shall explain the requirements and benefits of the transition program to the youth and, with the youth, develop an agreement that must be provided to the juvenile court together with a petition to renew jurisdiction with the juvenile court.The act describes the services and supports that will be made available to a youth through the transition program, including assistance with enrolling in medicaid; assistance with securing appropriate housing; and providing case management services, such as developing a roadmap to success, obtaining employment, obtaining critical documents and records, and accessing information about relatives and siblings, if available and appropriate.The act sets forth the form and content required for a petition to bring the youth under the juvenile court's jurisdiction. Upon receipt of informed, written consent of the youth, a person may be named as a special respondent in a case brought pursuant to the transition program.A youth participating in the transition program must be appointed counsel from a list of attorneys approved by the office of the child's representative. If the youth is 18 years of age or older and, due to diminished capacity, needs a guardian ad litem, one may also be appointed.Procedures for emancipation discharge and transition hearings (hearing) are described in the act, including a requirement to have a personalized emancipation transition plan finalized for the youth no more than 90 days prior to a hearing. The county department shall file a report with the court at least 7 days prior to a transition hearing that includes relevant details concerning a youth's status and plans to either emancipate or enter the youth in transition program. With the youth's consent and in certain circumstances, the court may continue a transition hearing for up to 119 days.The court shall hold periodic reviews of the youth's case at least every 6 months to ensure that the transition program is providing the youth with the necessary services to help the youth move toward permanency and a successful transition to adulthood. The act sets forth procedures for the periodic reviews. The act grants continuing jurisdiction in a youth's case to the juvenile court under certain situations.The act creates the foster youth successful transition to adulthood grant program (grant program) and associated advisory board (advisory board). The purpose of the grant program is to support eligible youth to successful transition into adulthood. Youth are eligible for services from recipients of grants from the grant program if they are between the ages of 18 and 23, were in foster care or adjudicated dependent and neglected, and are participating voluntarily. The advisory board shall meet at least 2 times per year, and the act outlines membership.The state department is directed to promulgate rules for the implementation of the transition program.For the 2021-22 state fiscal year, the act appropriates $510,623 to the department of human services for use by the division of child welfare. This appropriation consists of $408,498 from the general fund and $102,125 from cash funds from local funds. To implement this act, the division may use this appropriation for child welfare services.For the 2021-22 state fiscal year, the act appropriates $52,392 to the judicial department for use by the office of the child's representative. This appropriation is from the general fund.(Note: This summary applies to this bill as enacted.)
The act makes several changes to the current child welfare system, including:Ensuring that out-of-home placements in the division of youth services align with the requirements of the federal "Family First Prevention Services Act of 2018" to qualify for Title IV-E reimbursement for such placements; Ensuring appropriate capacity for out-of-home placements in Colorado; Authorizing a county to negotiate rates above the base anchor rates established by the department of human services (department) with licensed out-of-home placement providers serving children in higher acuity cases; Requiring the department to contract with a vendor to update the existing actuarial analysis to include division of youth services out-of-home placement providers and new out-of-home placement provider options under federal law, and to update and fully implement the existing rate methodology with the updated provider rates by September 30, 2021; Commencing with the 2022-23 fiscal year, requiring the department to contract with an independent vendor every 3 years to conduct a new actuarial analysis of all provider rates for licensed out-of-home placement providers, including the division of youth services providers, to update the rate-setting methodology to reflect the new actuarial analysis and to implement any adjusted provider rates by July 1, 2024, and by July 1 of each fiscal year immediately following the fiscal year in which a new actuarial analysis results in adjusted rates; and Requiring the use of a portion of the federal "Family First Transition and Support Act of 2019" funding to be used to support the transition of current providers to a placement option that meets the needs of the child or youth and maximizes federal Title IV-E and medicaid reimbursements. The act requires the department to convene a working group of geographically and demographically diverse partners and stakeholders to provide feedback and recommendations regarding the collection of fees for the residential care of children or youth in out-of-home placement who are not adjudicated dependent or neglected, ensuring compliance with federal law, including but not limited to Title IV of the federal "Social Security Act". On or before March 31, 2022, the department shall submit a report of the recommendations of the working group to select committees of the general assembly.The act appropriates $250,000 to the department from the general fund for use by the child welfare division for provider rate actuarial services.(Note: This summary applies to this bill as enacted.)
The act states that, upon passage of the act, verification of lawful presence in the United States is not required for any purpose that lawful presence is not required by law, ordinance, or rule to receive benefits pursuant to a federal stimulus law or rule.Effective July 1, 2022, the act repeals current laws that require a person to demonstrate the person's lawful presence in the United States to be eligible for certain public benefits and states that lawful presence is not a requirement of eligibility for state or local public benefits, as defined by 8 U.S.C. sec. 1621.The act amends certain statutory provisions to clarify acceptable documents to demonstrate eligibility.Current law prohibits a state agency or political subdivision from entering into or renewing a public contract with a contractor who knowingly employs or contracts persons who are undocumented. The act repeals that requirement and associated statutory provisions.The act appropriates:$178,627 to the department of human services to implement the act. $47,768 is from the general fund and $130,859 is from the federal child care development funds; and $83,881 from the general fund to the department of revenue for use by the taxation business group to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the immigration legal defense fund (fund). The department of labor and employment, as the administrator, awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are subject to an immigration proceeding. The act lists permissible uses of grant money awarded from the fund.Organizations that receive a grant from the fund are required to report to the administrator certain information about persons served and services provided by the organization.For the 2021-22 state fiscal year, the act appropriates $100,000 to the immigration legal defense fund from the general fund.(Note: This summary applies to this bill as enacted.)
The act requires county departments of human or social services to apply for the children's habilitation residential program (CHRP) waiver for children with intellectual and developmental disabilities who are referred for placement in the program and show proof of enrollment or denial of eligibility to the department of human services when they apply for placement in CHRP. The act does not guarantee a placement if the child is enrolled in CHRP.For the 2021-22 state fiscal year, the act appropriates $1,162,912 to the department of human services for use by the division of child welfare. This appropriation is from the general fund and is based on an assumption that the division will require an additional 0.5 FTE. To implement this act, the division may use this appropriation for residential placements for children with intellectual and developmental disabilities. Any money appropriated in this section not expended prior to July 1, 2022, is further appropriated to the division for the 2022-23 state fiscal year for the same purpose.(Note: This summary applies to this bill as enacted.)
The act creates the "support foster families" license plate for vehicles. A person is qualified to be issued the plate if the person makes a donation to a designated nonprofit organization that meets the act's qualifications. In addition to the normal fees for a license plate, a person must pay 2 additional one-time fees for the issuance of the plate. The fees are credited to the highway users tax fund and the licensing services cash fund, respectively.The act appropriates $14,145 for use by the division of motor vehicles to implement the act.(Note: This summary applies to this bill as enacted.)
The act updates language that must be included on a court summons issued to a defendant-tenant in an eviction action explaining the consequences for failing to answer the complaint, the content of an answer, and the fees and deposits related to filing an answer.The act prohibits a county sheriff from executing a writ of restitution, which directs the sheriff to assist the landlord in removing the tenant, until at least 10 days after a landlord wins judgment in an eviction action.The act prohibits residential landlords from increasing rent more than one time in a 12-month period of tenancy. For a residential tenancy of any duration in which there is no written agreement, the act requires a landlord to give a tenant 60 days' notice prior to increasing rent. The act prohibits a landlord from terminating a residential tenancy in which there is no written agreement with the primary purpose of increasing a tenant's rent without providing 60 days' notice.(Note: This summary applies to this bill as enacted.)
The act establishes the electric vehicle license plate, which is issued for use on electric motor vehicles. The electric vehicle license plates are issued to the owner of an electric motor vehicle upon registration of the vehicle and payment of applicable fees and taxes, unless the owner elects to use an alternative license plate. A person may be issued personalized electric vehicle license plates. The requirement for decals to identify electric motor vehicles applies only if a person has not obtained the electric vehicle license plate.For the 2021-22 state fiscal year, the act appropriates $91,636 for use by the division of motor vehicles to implement the act.(Note: This summary applies to this bill as enacted.)
The federal government enacted the "American Rescue Plan Act of 2021" (federal act) to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and to assist them in their efforts to contain the effects of COVID-19 on their communities, residents, and businesses. Under the federal act, the state of Colorado receives over $500 million to address the housing needs of populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency.The act creates the affordable housing and home ownership cash fund (fund) in the state treasury. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the act authorizes the general assembly to appropriate or transfer money from the fund to a department or cash fund for programs or services that benefit populations, households, or geographic areas disproportionately impacted by the COVID-19 public health emergency, focusing on programs or services that address housing insecurity, lack of affordable housing, or homelessness.Three days after the effective date of the act, the state treasurer is required to transfer $550 million from the "American Rescue Plan Act of 2021" cash fund to the fund.The act requires the division of housing (division) within the department of local affairs (department) to use the appropriation made by the act for programs or services of the type and kind financed through the housing investment trust fund or the housing development grant fund to support the programs or services that benefit populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency to obtain affordable housing, focusing on programs or services that address housing insecurity, lack of affordable and workforce housing, or homelessness, including the programs or services that are specified as authorized uses under the federal act.Three days after the effective date of the act, the state treasurer is required to transfer $1,500,000 from the fund to the eviction legal defense fund. The eviction legal defense fund is used to provide legal representation to indigent tenants to resolve civil legal matters resulting from an eviction or impending eviction caused by the COVID-19 public health emergency. Money transferred to the eviction legal defense fund is to be used to make grant awards to qualifying organizations that provide legal services to indigent clients.The act requires the executive committee of the legislative council, by resolution, to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative change in the area of housing using money the state receives from the federal act. The task force may include nonlegislative members and have working groups created to assist them.For the 2021-22 state fiscal year, the act appropriates $98,500,000 to the department for use by the division. This appropriation is from the fund and of money the state received from the federal coronavirus state fiscal recovery fund. To implement the act, the division may use the appropriation for the purposes specified in the statutory provisions creating the fund.For the 2021-22 state fiscal year, the act appropriates $200,000 to the legislative department for its implementation. This appropriation is from the fund and originates from the general fund.For the 2021-22 state fiscal year, the act appropriates $1,500,000 to the judicial department for use by the eviction legal defense fund. This appropriation is from the eviction legal defense fund and of money the state received from the federal coronavirus state fiscal recovery fund. To implant the act, the judicial department may use the appropriation for the purpose of providing legal representation to indigent tenants.(Note: This summary applies to this bill as enacted.)
