Currently, the director of research of the legislative council (director) is required to prepare a fiscal impact statement for every initiative that is submitted to the title board. An abstract of this information is required to be included on a petition section that is circulated for signatures. The act modifies this process by: Requiring the director to prepare a fiscal summary that will appear on a petition section instead of an abstract; Specifying that the fiscal summary must include a description of the measure's fiscal impact, including a preliminary estimate of any change in state and local government revenues, expenditures, taxes, or fiscal liabilities if implemented; Requiring the director to provide the fiscal summary when a measure is submitted to the title board; Requiring the director to only prepare the fiscal impact statement, which will not include an abstract, for those initiated measures for which the secretary of state has approved a petition section; and Requiring the fiscal impact statement to be finished 14 days after the petition section was approved. The act allows a proponent or registered elector to challenge a fiscal summary at a rehearing by the title board and the Colorado supreme court in the same manner as abstracts are challenged. The act requires the secretary of state to notify the director that a petition section for an initiative has been approved. To implement the act, the general fund appropriation made in the annual legislative appropriation act for the 2020-21 state fiscal year to the legislative department for use by legislative council is decreased by $7,865, and the corresponding FTE is decreased by 0.1 FTE. (Note: This summary applies to this bill as enacted.)
Preexisting law requires motor vehicle and powersports dealers, salespersons, buyer agents, wholesale auction dealers, business disposers, and wholesalers to have bonds to compensate people for fraud or a violation of the motor vehicle dealer statutes if the violation is designated as recoverable by the motor vehicle dealer board. The act requires the violation to be related to fraud in order for a person to recover from the bond. A person may recover from a bond in an action if the board issues a final agency order with a finding of fraud. (Note: This summary applies to this bill as enacted.)
The act specifies that for any act, item, section, or part of an act that is enacted by a bill with an act subject to petition clause during the second regular session of the seventy-second general assembly (2020 legislative session): The act, item, section, or part of the act takes effect at 12:01 a.m. on the day following the expiration of the 90-day period after adjournment sine die of the 2020 legislative session (September 14, 2020, because adjournment sine die was on June 15, 2020), unless a later date is otherwise specified in the act; and If a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against an act, item, section, or part of the act within the 90-day period after adjournment sine die of the 2020 legislative session, then the act, item, section, or part of the act will not take effect unless approved by the people at the general election to be held in November 2022 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.(Note: This summary applies to this bill as enacted.)
An assistance unit that receives a basic cash assistance (BCA) payment from the Colorado works program at any time within one month after the effective date of the act shall receive a one-time $500 supplemental payment in addition to the amount of BCA an assistance unit currently receives. The one-time supplemental payment is not income for the purpose of any publicly funded program. The act prohibits the general assembly from appropriating more than $10 million for the one-time supplemental payments. If the one-time supplemental payment to each assistance unit exceeds $10 million, the one-time supplemental payment must be distributed evenly to each assistance unit. Beginning July 1, 2021, and each fiscal year thereafter, the joint budget committee must review the sustainability of the Colorado long-term works reserve. The act appropriates $8,424,500 to the department of human services from the federal temporary assistance for needy families block grant. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies in its sunset review and report on the regulation of naturopathic doctors as follows: Continues the regulation of naturopathic doctors by the department of regulatory agencies for 9 years, until September 1, 2029; and Provides immunity from liability for the director of the division of professions and occupations (director), division staff, consultants, and complainants in any civil action brought against the individual for acts occurring while the individual is acting in the individual's capacity as director, board member, staff, consultant, or witness, respectively. The act also: Requires that of the 3 doctors of medicine or osteopathy who serve on the naturopathic medicine advisory committee (committee), one must be a pediatrician and one must be a member of a statewide multispecialty medical society; Requires the committee to meet at least once each year and tasks the committee with reviewing the naturopathic doctor formulary, making recommendations to the director on additions to the formulary, and discussing issues of importance to naturopathic doctors and their patients; Allows the director to make additions to the naturopathic formulary; and Prohibits a person who is not registered as a naturopathic doctor from using any title that implies the person is registered or licensed as a naturopathic doctor.(Note: This summary applies to this bill as enacted.)
Current law disqualifies a recipient who is found to have committed an intentional violation from participation in any public assistance program for a specified amount of time. The act clarifies that a recipient who is found to have committed an intentional violation is only disqualified from participating in the public assistance program in which the recipient is found to have committed the intentional violation. (Note: This summary applies to this bill as enacted.)
The act bars an insurer from using a failure-to-cooperate defense in an action regarding the insurer's request for information from the insured about a claim unless: The insurer has submitted a written request to the insured for the information; The information necessary for litigation is not available to the insurer without the assistance of the insured; The request provides the insured 60 days to respond; The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 60 days, describing, with particularity, the alleged failure to cooperate. A failure-to-cooperate defense acts as a defense to the portion of the claim that is materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim. Any language in an insurance contract that conflicts with the act is void. If an insurer is giving the insured the time to respond or cure under the act, the insurer is not liable for failing to pay the claim while providing the time. (Note: This summary applies to this bill as enacted.)
The act defines "covered air toxics" as hydrogen cyanide, hydrogen sulfide, and benzene. A stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of a covered air toxic for the year 2017 or later is defined as a "covered facility": For hydrogen cyanide, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 1,000 pounds. "Incidents" are defined as unauthorized emissions of an air pollutant from a covered facility. Each covered facility will: Conduct outreach to representatives of the community surrounding the covered facility to discuss communications regarding the occurrence of an incident; Use reverse-911 to communicate with, and make data available to, the community surrounding the covered facility regarding the occurrence of an incident; Implement reverse-911 within 6 months; and Pay all costs associated with its use of reverse(Note: This summary applies to this bill as enacted.)
The act requires a farm owner or operator to confine chicken, turkey, duck, goose, or guinea fowl hens (hens) in accordance with the standards established in the act. On and after January 1, 2023, the act also prohibits a business owner or operator from selling shell eggs or egg products that are produced by egg-laying hens that were confined in a manner that conflicts with these standards. In connection with this prohibition, the act: Requires, by January 1, 2023, hens to be confined in an enclosure with at least one square foot of usable floor space per hen; Requires, by January 1, 2025, hens to be confined in a cage-free housing system with at least: One square foot of usable floor space per hen if the hens have unfettered access to vertical space; or 1.5 square feet of usable floor space per hen if the hens do not have unfettered access to vertical space; Deems a sale to have occurred at the location where the buyer takes physical possession of the shell egg or egg product; Allows a business to rely upon written certification that the shell egg or egg product did not come from hens that were confined in a manner that conflicts with the act; Authorizes the commissioner of agriculture to impose a civil penalty of up to $1,000 per violation; Requires the commissioner to promulgate rules to implement and enforce the act; and Authorizes the commissioner to use a government or private inspection process. The act requires shell eggs and egg products to be annually certified as complying with the standards. Certification requires an inspection. The following are exempt from the act's requirements: Medical research; Veterinary procedures; Transportation; A state or county fair exhibition, 4-H program, or similar exhibition; Slaughter; Temporary confinement in connection with animal husbandry; A farm with 3,000 or fewer egg-laying hens; or A nonfarm business owner or operator with each location selling fewer than 25 cases of, or 30 dozen, shell eggs per week if all locations owned or operated by the business sell fewer than 100 cases of shell eggs per week.(Note: This summary applies to this bill as enacted.)
Under current law, the alternative pilot programs to divert individuals with mental health conditions may operate in up to 4 judicial districts. The act allows the programs to be expanded into 5 or more judicial districts to increase the number of participants. (Note: This summary applies to this bill as enacted.)
Under current law, the general fund reserve requirement is equal to 7.25% of the amount appropriated for expenditure from the general fund for the fiscal year. The act reduces the percentage used to determine the general fund reserve as follows: 3.07% for fiscal year 2019-20; and 2.86% for fiscal years 2020-21 and 2021-22.(Note: This summary applies to this bill as enacted.)
Under current law, enacted by Senate Bill 17-267, the state executed the second of 4 tranches of lease-purchase agreements of up to $500 million in principal value each before the end of state fiscal year 2019-20 for the sole purpose of funding transportation projects. Due to a favorable interest rate environment, the state actually received more than $600 million of proceeds from the execution of this second tranche of lease-purchase agreements. The act requires the first $49 million of proceeds received in excess of $500 million to be credited to the capital construction fund and appropriated for controlled maintenance projects, including controlled maintenance projects that are capital renewal projects, instead of transportation projects. (Note: This summary applies to this bill as enacted.)
