The act implements recommendations of the department of regulatory agencies' sunset review and report on the registration functions of the commissioner of agriculture (commissioner) regarding the "Colorado Seed Act" by: Continuing the commissioner's registration functions for 11 years, until 2031; Setting fees for registration in statute and allowing the commissioner to adjust the registration fees by rule up to a maximum amount set in statute; Removing the fee discount afforded to registrants with respect to registering a second and any additional locations; and Authorizing the commissioner to establish a registration renewal schedule by rule and repealing language that made each registration effective for one year from March 1 through the last day in February, regardless of when the registration was approved.(Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies' 2019 sunset review and report on the functions of the Colorado state board of chiropractic examiners (board) by: Continuing the board for 9 years, until 2029; Repealing the requirement that members of the board be citizens of the United States; Repealing the requirement that an applicant for licensure pass the examination given by the National Board of Chiropractic Examiners and authorizing the board to determine the appropriate examination; Changing the continuing education requirements for a licensed chiropractor (licensee) from 15 hours annually to 30 hours every 2 years; Clarifying the grounds for discipline of a licensee concerning the use or abuse of controlled substances or alcohol and modifying the definition of "unethical advertising"; Requiring a licensee to notify the board of any physical or mental conditions that limit the ability to safely deliver chiropractic services and allowing the board to enter into an agreement with the licensee that specifies the limitations on the licensee's practice; Clarifying that a license is not prohibited or required for a chiropractic student or intern to perform chiropractic services in this state while under the supervision of a licensee; and Allowing chiropractic students at board-approved schools to perform supervised chiropractic services with the signed, written consent of the patient.(Note: This summary applies to this bill as enacted.)
The act creates the rural economic development initiative (REDI) grant program in the department of local affairs (department) to provide grants for projects that create new jobs through a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. The department is required to administer the REDI grant program in consultation with the Colorado office of economic development. Entities eligible to receive REDI grant program money include local governments and organizations or individuals working in partnership with a local government, where the local government serves as the grant administrator, including intergovernmental agencies, councils of government, housing authorities, beginning farmers, the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, nonprofit economic development organizations, and private employers. The act specifies criteria that the department is required to consider when evaluating grant applications and requires the department to prioritize applications that would create new jobs. The act specifies the types of projects for which REDI grants may be awarded to eligible recipients and requires grant recipients to provide matching funds. If the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the purposes of the REDI grant program for the purposes of the "Rural Economic Advancement of Colorado Towns (REACT) Act". The executive director of the department is required to adopt policies and procedures for the administration of the REDI grant program and is also required to produce a report summarizing the use of all money that was awarded as grants from the REDI grant program in the preceding fiscal year. (Note: This summary applies to this bill as enacted.)
The state work force development council (state council), in collaboration with the department of higher education, the department of labor and employment, and the department of human services (state agencies), is required to implement and maintain a free online platform (platform) to provide Coloradans with personalized information to assist them in making career and education planning decisions; except that this requirement is subject to available appropriations or money from other sources. The state council and the state agencies may conduct outreach and training for the individuals who provide career counseling and for the public to promote awareness of the platform. For the purposes of implementing and maintaining the platform, the state council may receive money from other state agencies, the general assembly may appropriate money to the state council, and the state council may solicit, accept, and expend gifts, grants, and donations. The state council may transfer any money appropriated by the general assembly for the purposes of the platform to the department of higher education to implement and maintain the platform, to disseminate information regarding the platform, and to provide training about the platform. The governor's office of information technology (office) is required to ensure that the platform complies with state and federal information technology security and privacy requirements and standards. To ensure such compliance, the office is required to ensure that the contract for the platform includes a requirement that the vendor conduct an external security assessment that complies with the office's requirements and standards and that the assessment and remediation plan be shared with the office. In addition, the state auditor may, in his or her discretion, conduct an audit or assessment of the online platform and of the administration and maintenance of the platform. The authority to implement and maintain the platform is repealed, effective June 30, 2025. Before the repeal, the joint technology committee is required to assess the impact, effectiveness, and compliance with state and federal information technology requirements and standards of the platform and to make a recommendation to the general assembly regarding whether to continue the platform. The act specifies that the department of higher education shall provide certain notice that it is already required by law to provide to certain students and parents of students in Colorado, through the platform. In addition, the act repeals requirements that each board of education and the state charter school institute ensure that students in the sixth grade are registered with a previously used online platform, known as College in Colorado. The act repeals the talent pipeline cash fund and authorizes the general assembly to appropriate money from the general fund to the state council for the purposes of the state council. The act also specifies that state council requirements related to career pathways are subject to available appropriation or money from other sources. (Note: This summary applies to this bill as enacted.)
The act precludes the department of labor and employment from accepting applications for, awarding, or issuing grants under the "Skilled Worker Outreach, Recruitment, and Key Training Act", also known as the "WORK Act", on or after the effective date of the act. The grant review committee is directed to submit a final report on the WORK Act grant program to the governor and specified legislative committees by August 31, 2021. The state treasurer is directed to transfer any balance in the WORK fund as of September 1, 2020, and September 1, 2021, to the general fund. The program is repealed on September 30, 2021. The act adjusts the 2020 long bill by eliminating the $3.3 million general fund appropriation for the WORK Act grant program. (Note: This summary applies to this bill as enacted.)
Current law requires an individual who wishes to have a document notarized to appear personally before a notary public. Effective December 31, 2020: The act authorizes a notary public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document; To perform a "remote notarization", a notary must use an electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communication; The act establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the individual seeking the remote notarization; and The use or sale of personal information of a remotely located individual by a remote notary and the provider of a remote notarization system is prohibited except in specific, limited circumstances. The governor issued an emergency executive order in response to the COVID-19 pandemic that directed the secretary of state to issue an emergency rule to authorize remote notarizations, which the secretary of state did. The act ratifies remote notarizations conducted pursuant to the emergency rule between March 30, 2020, and December 31, 2020. The act appropriates $132,795 from the department of state cash fund to the department of state to implement the act. (Note: This summary applies to this bill as enacted.)
The act repeals the pilot programs in the division of youth services that were created to aid in the establishment of a division-wide therapeutic and rehabilitative culture, including the use of trauma-responsive principles and practices. The act makes the following appropriations: The general fund appropriations made in the annual general appropriation act for the 2020-21 state fiscal year to the department of human services for use by the division of youth services are adjusted as follows: The appropriation for personal services related to institutional programs is decreased by $406,545, and the related FTE is decreased by 4.0 FTE; and The appropriation for operating expenses related to institutional programs is decreased by $204,309.(Note: This summary applies to this bill as enacted.)
Colorado taxpayers can claim a net operating loss deduction on their Colorado tax return. Unless statute otherwise provides, the state deduction is currently allowed in the same manner that a similar deduction is allowed under the internal revenue code to determine federal taxable income. Under current law, corporate taxpayers in Colorado are allowed to carry forward their net operating loss deduction for the same number of years as allowed for a federal net operating loss. For many years, taxpayers were limited to a 20-year carryforward period for both state and federal taxes. The federal "Tax Cuts and Jobs Act" (TCJA), enacted in 2017, allowed federal taxpayers unlimited years to carry forward net operating losses. Because Colorado's statute specifies that net operating losses may be carried forward "for the same number of years as allowed for a federal net operating loss", the TCJA's change resulted in the same change to Colorado's law. The act partially decouples the corporate net operating loss deduction from the federal net operating loss deduction by returning the state's carryforward period to 20 years for net operating losses generated in income tax years commencing on or after January 1, 2021. The act also repeals a state provision that was effective only for financial institutions, so that, for purposes of the period of years a loss can be carried forward, financial institutions will now be treated the same as any other taxpayer. (Note: This summary applies to this bill as enacted.)
Pursuant to an opinion of the Colorado supreme court, if a party to a criminal case wrongfully procures the unavailability of a witness, that witness's hearsay evidence may be inadmissible. The act provides that such evidence may be admissible as an exception to the hearsay rule if: The proponent of the evidence has given reasonable notice of the party's intent to introduce the evidence; and The court determines by a preponderance of the evidence that the party intended to and did procure the unavailability of the witness.(Note: This summary applies to this bill as enacted.)
The act extends the repeal date for the legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems (committee), and the associated task force (task force), to July 1, 2023. The act suspends activities of the committee and task force for the 2020 interim, as well as any interim for which the general assembly suspends the activities of all interim committees. An additional member is added to the task force who represents a nonprofit organization that works on statewide legislation and organizing Coloradans to promote behavioral, mental, and physical health needs. (Note: This summary applies to this bill as enacted.)
The act codifies a definition of "nonmedical exemption" to mean an immunization exemption based upon a religious belief whose teachings are opposed to immunizations or a personal belief that is opposed to immunizations. The act requires the department of public health and environment (department) to develop standardized forms and a submission process for persons who want to claim a nonmedical exemption for an immunization for a religious or personal belief. A person who wants to claim a nonmedical exemption for an immunization can do so by submitting to the school either: A certificate of completion of the online education module; or A certificate of nonmedical exemption. The act requires the department to annually evaluate the state's immunization practices, including an examination of best practices and guidelines recommended by the advisory committee on immunization practices. The state board of health may update the state's immunization practices pursuant to the annual evaluation. The act creates a vaccinated children standard, whereby the immunization rate goal for every school is 95% of the student population to be vaccinated. The act requires the department to amend an immunization document it currently publishes annually to include information about the vaccinated children standard. Every school shall publish its immunization rate and exemption rate for the measles, mumps, and rubella vaccine on the document and annually distribute it to the parents, legal guardians, and students of the school. The act requires, as applicable, a practitioner who is a licensed physician, physician assistant, advanced practice nurse, or person authorized to administer immunizations within their scope of practice to students to submit immunization, medical, or nonmedical exemption data to the immunization tracking system. The practitioner is not subject to a regulatory sanction for noncompliance. The act appropriates $41,906 from the general fund to the department of public health and environment for the following uses: $31,884 for use by the environmental epidemiology division for program costs and an additional 0.1 FTE; and $10,022 for the purchase of information technology services, which is reappropriated to the office of the governor for use by the office of information technology.(Note: This summary applies to this bill as enacted.)
Correctional facilities, school districts, hospitals, and retail food establishments are encouraged to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals. Correctional facilities, school districts, and hospitals that donate items of food to nonprofit organizations are provided limited immunity from civil and criminal liability, which limited immunity state law already provided to donor retail food establishments. The immunity does not apply to willful, wanton, or reckless acts of donors that result in injury to recipients of the donated foods. A farmer who allows one or more individuals to enter the farmer's property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to needy or poor persons is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury to any such individual unless the injury results from a willful or wanton act or omission of the farmer. (Note: This summary applies to this bill as enacted.)
