The act creates the Colorado affordable health care coverage easy enrollment program (program) for the purpose of leveraging the tax filing process to connect uninsured Coloradans to free or subsidized health care coverage through a health care coverage affordability program, which includes medicaid, the children's basic health plan, or a subsidized health benefit plan, or other creditable coverage. The program will allow Coloradans to request on their state income tax returns that the Colorado health benefit exchange (exchange) assess whether uninsured household members are potentially eligible for free or subsidized health care coverage. If the tax filer requests that the eligibility of uninsured household members be assessed under the program, the tax filer will receive information about coverage options and assistance with enrollment. The act creates the affordable health care coverage easy enrollment advisory committee (advisory committee) to guide implementation of the program. The advisory committee is co-chaired by the executive director of the exchange and the executive director of the department of revenue (department), or their designees, and consists of the following 9 members, appointed by the board of directors of the exchange: A representative of the department of health care policy and financing; A representative of the division of insurance in the department of regulatory agencies; A representative of consumer advocacy groups; A representative of small employers; A representative of insurers; A health care consumer; A health coverage guide or other person with expertise in the process of applying for federal insurance or assistance; An insurance producer; and A tax preparer. If the exchange verifies that the uninsured individual is a United States citizen, the exchange, through procedures determined by the advisory committee, will assess whether uninsured individuals identified through the program are potentially eligible for a health care coverage affordability program or other creditable coverage, notify uninsured individuals about their potential eligibility, and enroll or assist with enrolling uninsured individuals in creditable coverage. The department is required to implement the tax forms and schedules created by the advisory committee and to share the tax information gathered, as authorized by individual tax filers, with the exchange. The executive director of the department is required to promulgate rules to implement the new tax forms and schedules and to implement the authorized sharing of the tax information provided on the state individual income tax return forms for the purpose of enrolling uninsured individuals in a health care coverage affordability program. (Note: This summary applies to this bill as enacted.)
Subject to federal authorization and funding, the act authorizes working adults with disabilities who are 65 years of age or older to continue participating in the existing medicaid buy-in program (program). The act directs the department of health care policy and financing (department) to seek federal authorization to expand the program to include individuals in the work incentives eligibility group, which is defined, to match federal eligibility criteria, as individuals who are age 65 years or older with a disability who, except for assets or income, would be eligible for the supplemental security income program. The department shall submit necessary state plan amendments to implement the program and must implement the program by July 1, 2022. For the 2020-21 fiscal year, the act appropriates $50,000 from the general fund to the department, with $50,000 anticipated in federal funds. (Note: This summary applies to this bill as enacted.)
Under preexisting law, a county clerk may conduct a pilot kiosk program using private providers to issue driver's licenses, register motor vehicles, or issue certificates of title. The act eliminates the program's pilot status, converting it to a regular program, and makes the following substantive changes: Requires counties to provide services across county jurisdictions; Expands the services the program may provide; Authorizes mobile telephone and web-based services; Replaces the cap of $3.00 on the convenience fee for services with a requirement that the cap be negotiated between the county clerk and the private provider; Adds data security requirements for the private provider; and Limits the private provider's ability to retain and transfer data to those purposes contemplated by the motor vehicle statutes. $112,500 is appropriated from the Colorado DRIVES vehicle services account to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.)
The act: Extends the rural jump-start program for an additional 5 years; Adds a legislative declaration stating that the purpose of the 5-year extension is to create or retain jobs in order to help address the still significant contraction of local economies in certain areas of the state; Changes the existing competition clause to specify that a new business applying for rural jump-start program benefits cannot compete with an existing business in the rural jump-start zone in which the business will be located or in any distressed county that is contiguous to the rural jump-start zone; Adds economic development organizations as authorized entities to apply to: Form a rural jump-start zone; or To allow a new business to participate in the rural jump-start program; and Amends the reporting requirements to ensure that any future evaluation of the rural jump-start program can rely on clear, relevant, and ascertainable metrics and data provided by the economic development commission.(Note: This summary applies to this bill as enacted.)
Current state law sets the maximum civil fine for most air quality violations at $15,000 per day and most water quality violations at $10,000 per day, but federal law allows the federal environmental protection agency to assess higher maximum daily fines per violation. Sections 1 and 2 of the act raise the maximum fine to $47,357 per day for air quality violations and $54,833 per day for water quality violations and direct the air quality control commission and the water quality control commission in the department of public health and environment to annually adjust the maximum fine based on changes in the consumer price index. Section 2 also extends the repeal date for the water quality improvement fund to September 1, 2025. Current law specifies that a person who commits criminal pollution of state waters that is committed: With criminal negligence or recklessly is subject to a maximum daily fine of $12,500; and Knowingly or intentionally is subject to a maximum daily fine of $25,000. Section 3 makes a: Criminally negligent or reckless violation a misdemeanor and increases the maximum daily penalty to $25,000, imprisonment of up to 364 days, or both; and Knowing or intentional violation a class 5 felony and increases the maximum daily penalty to $50,000, imprisonment of up to 3 years, or both. Current law specifies that a person who knowingly makes any false representation in a required record or who knowingly renders inaccurate any required water quality monitoring device or method is guilty of a misdemeanor and is subject to a fine of not more than $10,000, imprisonment in the county jail for not more than 6 months, or both. Section 4 makes these violations a class 5 felony and specifies that if 2 separate offenses occur in 2 separate occurrences during a period of 2 years, the maximum fine and term of imprisonment for the second offense are double the default amounts. (Note: This summary applies to this bill as enacted.)
Under current law, the public school capital construction assistance board establishes guidelines for considering applications for money from the public school capital construction assistance fund. The act adds to the considerations in the guidelines consulting with the local electric utility on energy efficiency, beneficial electrification, and renewable distributed generation opportunities. (Note: This summary applies to this bill as enacted.)
Due to the COVID-19 virus, the judiciary committee of the house of representatives (judiciary committee) was unable to hold a full hearing during the 2020 regular session on the sunset report on the sex offender management board (SOMB report) prepared by the department of regulatory agencies (DORA). The act continues the sex offender management board for one year and directs the judiciary committee to hold a hearing on the SOMB report during the 2021 regular session. DORA is not required to prepare an additional report prior to the 2021 session. (Note: This summary applies to this bill as enacted.)
Under current law, a well that is exempt from the state engineer's administration and is used for domestic purposes is afforded a rebuttable presumption that the use of the well will not cause material injury to others' vested water rights or to any other existing well. If the land on which the exempt well is located is later divided into multiple parcels, the well loses that presumption. The act maintains the presumption of noninjury to vested water rights or other wells when the land on which the well is located is later divided and use of the well continues to meet certain requirements. (Note: This summary applies to this bill as enacted.)
For the period commencing on the first day of the legislative session beginning in January of 2021, and ending on the day before the first day of the legislative session beginning in January of 2022, the act freezes the annual base compensation of members of the general assembly at $40,242, which is the same amount as the annual base compensation for members of the general assembly whose terms commenced on the first day of the legislative session beginning in January of 2019. (Note: This summary applies to this bill as enacted.)
The act makes the following modifications to the "Colorado Governmental Immunity Act" (CGIA): Unless otherwise excepted under the CGIA, the act excludes from the definition of "public employee" under the CGIA any health care practitioner or any health care professional who is employed by the university of Colorado hospital authority (authority) unless the practitioner or professional is providing services within the course and scope of the person's responsibilities as an employee or volunteer of the authority in a facility that is either located on the Anschutz medical campus (AMC) or that is operating under the hospital license issued to the university hospital, including off-campus locations. The act specifies that the "Health Care Availability Act" (HCAA) is applicable to health care practitioners and health care professionals employed by the authority that are not immune from liability because of the definition of "public employee". The act also specifies that the basic immunity from liability granted to public entities by the CGIA does not apply to the authority except for any hospital, clinic, surgery center, department, or other facility it owns or operates that is located on the AMC or that is a facility operating under the hospital license issued to the university hospital, including off-campus locations. The HCAA is applicable to health care institutions that are not immune from liability under the CGIA.(Note: This summary applies to this bill as enacted.)
The act grants active members of the National Guard a free eagle annual pass for entrance into state parks. The parks and wildlife commission may elect not to issue this pass if it does not receive funding from the general assembly to implement this pass. (Note: This summary applies to this bill as enacted.)
The act updates Colorado's statutory provisions related to foster care prevention services and supports (prevention services) in the context of the federal "Family First Prevention Services Act", including: Updating the definition of "kin" to ensure that kin are eligible for prevention services; Updating the definition of "qualified individual" to clarify eligibility; Clarifying the elements of reviews of qualified residential treatment program placements (placements) to ensure that the placement of children, juveniles, and youth are reviewed initially by the court and not by the administrative review division; Updating language referring to children to include juveniles and youth to ensure that delinquent youth are also identified as a population that is eligible for prevention services and meet the requirements for placements; Adding information about prevention services and the authority of county departments of human or social services to provide prevention services; Requiring that when a youth is committed to the state department of human services, the court shall make additional findings to ensure the commitment is not the result of a lack of available appropriate placements; Adding requirements to a court to make specific findings when it deviates from the assessor's recommendation of a placement; Setting a new requirement that residential child care facilities must renew licenses annually; and Requiring the existing delivery of the child welfare services task force to make recommendations on the reduction of state reimbursements for certain out-of-home placements on or before December 15, 2020. The act makes the following appropriations for the 2020-21 state fiscal year: $936,412 is reduced from the general fund and increased from the reappropriated funds for the department of human services executive director's office for employment and regulatory affairs; $546,652 is appropriated to the department of human services executive director's office for legal services and the administrative review unit; $91,039 in anticipated federal funds is appropriated to the office of information technology services for Colorado trails and the division of child welfare for administration; $242,250 is appropriated to the office of the governor for department of human services information technology; $38,376 is appropriated to the department of law for department of human services legal services; $211,200 is appropriated to the judicial department for office of the child's representative personal services; and $178,560 is appropriated to the judicial department for respondent parents' counsel personal services.(Note: This summary applies to this bill as enacted.)
