If a school district, board of cooperative services, or charter school (local education provider) provides educational programming via online instruction to a student (online student), the act prohibits the local education provider from:Prohibiting the online student's parent from being in the same room while the student participates in online instruction, but the person leading the instruction may require a disruptive parent to leave the area of online instruction; Requiring an online student to use a camera while participating in online instruction if the student's technology does not allow for use of a camera; and Suspending or expelling an online student based on an item observed in the student's physical environment or the student's behavior while participating in online instruction, unless the behavior constitutes one of the statutory grounds for suspension or expulsion. The act specifies that the limitation on suspending or expelling an online student applies to suspensions and expulsions that occur on or after March 23, 2020.The act specifies that the premises, facilities, and buildings of an educational institution do not include an online student's private residence for purposes of the crime of interference with staff, faculty, or students of educational institutions.(Note: This summary applies to this bill as enacted.)
The act enacts the "Audiology and Speech-language Pathology Interstate Compact", which allows audiologists and speech-language pathologists licensed in any compact state to provide:Audiology or speech-language pathology services in each member state under a privilege to practice; and Telehealth services in each member state under a privilege to practice. To obtain a privilege to practice, an audiologist or speech-language pathologist must obtain a fingerprint-based criminal history record check, which is then considered in determining the applicant's qualifications to practice under the compact. The act authorizes the director of the division of professions and occupations in the department of regulatory agencies to promulgate rules and to facilitate Colorado's participation in the compact, including notification to the compact commission of any adverse action taken by the director against a Colorado audiologist or speech-language pathologist.The act makes the following appropriations:$151,440 and 0.3 FTE to the department of regulatory agencies from the division of professions and occupations cash fund, which includes $15,425 for personal services, $19,000 for operating expenses, $17,014 to purchase legal services from the department of law, and $100,000 to purchase information technology services from the governor's office; $17,014 and 0.1 FTE to the department of law from reappropriated funds from the department of regulatory agencies; $100,000 and 0.1 FTE to the office of the governor for use by the office of information technology from reappropriated funds from the department of regulatory agencies; and $140,676 and 0.8 FTE to the department of public safety for use by the Colorado bureau of investigation from the Colorado bureau of investigation identification unit cash fund.(Note: This summary applies to this bill as enacted.)
The act requires a school district, district charter school, and institute charter school (public school) to accept the school liaison address for the military installation for purposes of demonstrating residency for inbound active duty military members (inbound military member) participating in open enrollment. Further, the act requires a public school that enrolls the child of an inbound military member through open enrollment to grant guaranteed automatic matriculation, as specified in the act, in the same manner guaranteed automatic matriculation is provided to resident students, and shall grant priority preference for younger siblings of the child for enrolling in subsequent school years.The act defines "inbound active duty military member" as an active duty military member who receives new orders, or a command letter issued in lieu of orders, for a permanent change of station to a department of defense military installation in Colorado.The act requires a public school to allow an inbound military member to submit applications for enrollment or open enrollment by electronic means and to register a child remotely, without requiring the child, parent, legal guardian, or another person to appear physically within the state for registration. If required, the inbound military member must also be allowed to provide proof of residency and other records within 10 days after the child's attendance in public school. Further, a public school shall allow the child of an inbound military member the same opportunity to request school assignments, register for courses, or apply for the same courses offered to students who are already present in the state.(Note: This summary applies to this bill as enacted.)
Under current law, when real property is sold in a foreclosure sale for an amount above the value of the lien on the property, any excess amount (overbid), after paying all junior lienors, is paid to the owner of the property as of the recording of the election to foreclose. The act requires that any overbid is instead paid to the person liable under the related evidence of debt constituting a mortgage loan or deed of trust.The act also adds to the definition of "qualified holder" a private company that originates, insures, guaranties, or purchases loans on behalf of a holder of evidence of debt that is secured by a deed of trust encumbering a time share estate with a minimum of $5 million in assets or not less than 1,000 loans.(Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies' sunset review and report on the registration of direct-entry midwives by:Continuing the registration requirements for 7 years, until September 1, 2028; Authorizing direct-entry midwives to administer group B streptococcus (GBS) prophylaxis; Adding licensed birth centers to the locations where a direct-entry midwife may practice; and Requiring the director of the division of professions and occupations (director) to develop policies regarding direct-entry midwives in training. The act also:Specifies that a direct-entry midwife who is granted additional authority is not required to apply for renewal of that authority or pay any renewal fees for the authority; Removes the requirement that a direct-entry midwife report certain data at the time of registration renewal; Authorizes the director to order the physical or mental examination of a direct-entry midwife if the director has reasonable cause to believe that the direct-entry midwife is subject to a physical or mental disability that renders the direct-entry midwife unable to treat patients with reasonable skill and safety or that may endanger a patient's health or safety; and Requires the state registrar to revise the birth certificate worksheet form to include a requirement to report whether the live birth occurred after a transfer to a hospital by a direct-entry midwife. The act appropriates to the department of public health and environment: $50,080 from the health facilities general licensure cash fund for use by the health facilities and emergency medical services division for administration and operations; and $30,000 from the vital statistics records cash fund for use by the health statistics and vital records subdivision for operating expenses.(Note: This summary applies to this bill as enacted.)
The act authorizes the following alcohol beverage licensees to obtain a festival permit, which would allow the licensees to hold festivals where they may conduct joint tastings and engage in any retail operations authorized by their licenses or permits:A beer and wine licensee; A hotel and restaurant licensee; A tavern licensee; A brew pub licensee; A vintner's restaurant licensee; A distillery pub licensee; A winery or limited winery licensee; A spirits manufacturer; and A beer manufacturer. Local licensing authorities may create a permitting process for these festivals. Licensees may obtain a permit to hold up to 9 festivals in 12 months, with each festival lasting no longer than 72 hours. Other licensees may participate in the festival.The act appropriates $511,210 to the department of revenue from the liquor enforcement division and state licensing authority cash fund to implement the act.(Note: This summary applies to this bill as enacted.)
The act continues the forest health advisory council for 5 years, until 2026.(Note: This summary applies to this bill as enacted.)
The act authorizes the Space National Guard to be added to provisions in statute that mention the Army National Guard and Air National Guard. The federal government is likely to create the Space National Guard in the "FY 2022 National Defense Authorization Act". Implementing the Space National Guard in existing statute now will allow the Air National Guard space units to transition to the Space National Guard once the federal government establishes the Space National Guard.The act also adds "Space Force" to provisions in statute that list the branches of the armed forces: Army, Navy, Air Force, Marines, and the Coast Guard.(Note: This summary applies to this bill as enacted.)
The act requires kindergarten through twelfth grade public schools (school), and strongly encourages nonpublic schools, to provide annual seizure-related training to school personnel who have direct contact with or supervise students who have a seizure disorder.The parent or legal guardian (parent) of a student who has been diagnosed with a seizure disorder, including epilepsy, (student) is encouraged to submit a signed, individualized seizure action plan (plan) to the school if the student may need assistance with seizure-related care in a school setting. The plan must be developed in coordination with recognized sources on epilepsy and seizure disorders and in consultation with a state organization that represents school nurses. The seizure action plan must be in accordance with the guidelines developed by the department of education. The parent is encouraged to provide updated information to the plan when necessary.(Note: This summary applies to this bill as enacted.)
The act clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The act also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control.The act prohibits a local government from exercising this new regulatory authority unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more among a list of specified actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units.The act requires the department of local affairs to offer guidance to assist local governments in connection with its implementation.(Note: This summary applies to this bill as enacted.)
The act allows Colorado residents who display a purple heart special license plate free entrance to any state park or recreation area, not including campgrounds, on any day of the year that such park or area is open.The act also allows a Colorado resident to acquire a free transferable annual state parks pass by presenting the same documents required for a purple heart special license plate at a regional office or the central office of the division of parks and wildlife, or at any other locations the division determines. Thus, Colorado residents who have received a purple heart will be able to obtain free access to state parks without acquiring a purple heart special license plate.(Note: This summary applies to this bill as enacted.)
Under current law, the general assembly is authorized to annually appropriate money from the Colorado telephone users with disabilities fund (fund) to support talking book library services for persons who are blind or physically disabled.The act requires an annual appropriation from the fund for the talking book library services and appropriates $250,000 for that purpose.(Note: This summary applies to this bill as enacted.)
