The act appropriates $50,753,612 to the legislative department for the payment of expenses in the 2020-21 state fiscal year. Additionally, the act appropriates $25,000 to the youth advisory council cash fund within the legislative department. The act specifies that $1,200,000 of unexpended and unencumbered money in the legislative department cash fund at the end of the 2019-20 state fiscal year reverts to the general fund and further appropriates to the legislative council, for use in the 2020-21 state fiscal year for new member orientation, $24,000 that was appropriated to but not expended by the legislative council in the 2019-20 state fiscal year. (Note: This summary applies to this bill as enacted.)
For the state fiscal year beginning July 1, 2020, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2020. The grand total for the operating budget is set at $32,749,518,270 of which $11,743,636,837 is from the general funds portion of the appropriation; $198,516,570 is from the general fund exempt portion; $9,426,117,669 is from the cash funds portion; $1,589,469,135 is from the reappropriated funds portion; and $9,791,778,059 is from the federal funds portion. The grand total for the state fiscal year beginning July 1, 2020, for capital construction projects is $113,860,792 of which $2,988,768 is from the capital construction fund portion of the appropriation; $75,374,568 is from the cash funds portion; and $35,497,456 is from the federal funds portion. The 2018 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, higher education, and state. The 2019 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of corrections, education, health care policy and financing, higher education, human services, state, and treasury, and the judicial department. Appropriations made in Senate Bill 19-059, concerning creation of an automatic enrollment in advanced courses grant program in the department of education and House Bill 19-1002, concerning professional development in leadership for public school principals, are amended to reduce the amount appropriated to the department of education. Appropriations made in Senate Bill 19-190, concerning measures to increase the number of individuals who are well-prepared to teach in public schools, Senate Bill 19-231, concerning the creation of the Colorado second chance scholarship in the pursuit of higher education for youth previously committed to the division of youth services, and Senate Bill 19-003, concerning the educator loan forgiveness program to address educator shortages, are amended to the reduce the amount appropriated to the department of higher education. Appropriations made in Senate Bill 19-211, concerning changes to the mental health criminal justice diversion programs, is amended to reduce the amount appropriated to the judicial department. Appropriations made in House Bill 19-1090, concerning measures to allow greater investment flexibility in marijuana businesses, is amended to clarify that a specified amount shall remain available for expenditure through the 2020-21 fiscal year. (Note: This summary applies to this bill as enacted.)
From money given to the state pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act", commonly referred to as the "CARES Act", the bill allocates $10 million from the care subfund in the general fund to the energy outreach Colorado low-income energy assistance fund administered by the Colorado energy office for use by energy outreach Colorado on or before December 30, 2020, to provide direct utility bill payment assistance to households facing economic hardship due to the COVID-19 pandemic. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act appropriates money from the cares subfund in the general fund to the department of human services, the department of public health and environment, the department of higher education, and the department of law for behavioral health programs and services that were not accounted for in the state budget most recently approved as of March 27, 2020, and are necessary to respond to the COVID-19 public health emergency. All of the appropriations must be expended on or before December 30, 2020. (Note: This summary applies to this bill as enacted.)
The act creates the food pantry assistance grant program (grant program) to aid Colorado food pantries and food banks in the purchase of foods to meet the needs of their clientele, which has expanded significantly as a result of the COVID-19 public health emergency. A secondary purpose of the grant program is to create new market opportunities for Colorado's agricultural producers. Food purchased by a grant recipient using grant money from the grant program must be designated as a Colorado agricultural product. The department of human services (department) is directed to administer and monitor the grant program. The act repeals the grant program, effective June 30, 2022. The act authorizes an allocation of money from the "Coronavirus Aid, Relief, and Economic Security Act" (CARES Act) subfund in the general fund to the department for the grant program to meet expenses not approved as of March 27, 2020, and are necessary to respond to the COVID-19 public health emergency. The appropriations must be expended on or before December 30, 2020. For the 2019-20 state fiscal year, $500,000 is appropriated to the department of human services from the care subfund in the general fund. The department of human services may use this appropriation for the food pantry assistance grant program. Any money appropriated not expended prior to July 1, 2020, is further appropriated to the department of human services for the period from July 1, 2020, through December 30, 2020, for the same purpose. (Note: This summary applies to this bill as enacted.)
The act provides eviction assistance, rental assistance, residential mortgage assistance, and guidance on other housing assistance to households facing financial hardship due to the COVID-19 pandemic. In determining how to distribute rental assistance, the division of housing in the department of local affairs (division) is required to prioritize: Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools; Medicaid clients in nursing homes who are able to live in their communities with in-home services; Family unification and related services; Homeless or disabled veterans; Low-income households with an income at or below one hundred percent of the area median income; Survivors of domestic violence; People experiencing homelessness who are at a higher risk of contracting COVID-19 according to the federal centers for disease control; and Entities that provide direct services to youth experiencing or at risk of experiencing homelessness. In determining how to distribute residential mortgage assistance, the division is required to prioritize households with an income at or below 100% of the area median income. From money given to the state in the federal "Coronavirus Aid, Relief, and Economic Security Act": $350,000 is appropriated to the judicial department for use by the eviction legal defense grant program; and $19,650,000 is transferred from the care subfund in the general fund to the housing development grant fund administered by the division.(Note: This summary applies to this bill as enacted.)
The state received $1.67 billion from the federal coronavirus relief fund created in the federal "Coronavirus Aid, Relief, and Economic Security Act of 2020" (CARES Act), and the governor allocated $70 million of these federal funds to the general fund for further allocation by the general assembly for any permissible uses under the CARES Act. The state controller set aside this money in a special account, known as the care subfund. The act codifies the care subfund (subfund) in the general fund and reiterates the requirement that the money in the subfund can only be used as permitted under the CARES Act. Any state department that receives an appropriation from the subfund is required to comply with any reporting and record-keeping requirements established by the state controller or the office of state planning and budgeting. Any money transferred from the care subfund to another cash fund is subject to the same reporting and record-keeping requirements. Any appropriations from the subfund are excluded from the base for purposes of calculating the state reserve for fiscal year 2020-21. The act requires any unexpended amounts before the close of business on December 30, 2020, to revert to the subfund and the state treasurer is directed to transfer such amount to the unemployment compensation fund, which is a permissible use of the federal funds. If as of that date, there is any unexpended money that originated from the care subfund in another cash fund, then the state treasurer shall transfer the unexpended amount from the cash fund to the subfund prior to the transfer to the unemployment compensation fund. (Note: This summary applies to this bill as enacted.)
The act amends provisions relating to the human services referral service authorized by the Colorado 2-1-1 collaborative. The act requires the department of human services to award a grant for $500,000 to the Colorado 2-1-1 collaborative for necessary human services referral services in the state through December 30, 2020, relating to the COVID-19 public health emergency. The services may include, among others, providing information on COVID-19 test site locations and referrals regarding equity, access, or discrimination concerning employment and health access, as well as other necessary referrals and intake services due to the presence of COVID-19 in the state. The act includes a legislative declaration describing the source of federal funding for the act and the restrictions on the use of the grant money. For the 2019-20 fiscal year, the act appropriates $500,000 from the care subfund in the general fund to the department of human services to award a grant to the Colorado 2-1-1 collaborative, which appropriation may be used through December 30, 2020. (Note: This summary applies to this bill as enacted.)
The act grants the state historical society the authority to sell a vacant lot located in Georgetown, Colorado. The act specifies that the proceeds of the sale must be credited to the state museum cash fund to be used for capital outlay, capital construction, or controlled maintenance at museums statewide. (Note: This summary applies to this bill as enacted.)
Beginning July 1, 2023, the act requires all local law enforcement agencies and the Colorado state patrol to issue body-worn cameras to their officers, except for those working in jails, working as administrative or civilian staff, the executive detail of the state patrol, and those working in court rooms. A peace officer shall wear and activate a body-worn camera when responding to a call for service or during any interaction with the public initiated by the peace officer when enforcing the law or investigating possible violations of the law. A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident or contact that is not related to the initial incident; and during administrative, tactical, and management discussions. A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover. The act creates inferences, presumptions, and sanctions for failing to activate or tampering with a body-worn camera. The act requires all recordings of an incident be released to the public within 21 days after the local law enforcement agency or Colorado state patrol receives a complaint of misconduct. The act allows for redaction or nonrelease of the recording to the public if there is a specified privacy interest at stake. Beginning July 1, 2023, the act requires the division of criminal justice in the department of public safety (division) to create an annual report of the information that is reported to the division, aggregated and broken down by state or local agency that employs peace officers, along with the underlying data. Each local agency and the Colorado state patrol that employs peace officers shall report to the division: All use of force by its peace officers that results in death or serious bodily injury; All instances when a peace officer resigned while under investigation for violating department policy; All data relating to contacts conducted by its peace officers; and All data related to the use of an unannounced entry by a peace officer. The division of criminal justice shall maintain a statewide database with data collected in a searchable format and publish the database on its website. Any state or local law enforcement agency that fails to meet its reporting requirements is subject to suspension of its funding by its appropriating authority. If any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of physical force or the failure to intervene in another officer's use of unlawful force or is found civilly liable in either case, the P.O.S.T. board shall permanently revoke the peace officer's certification. The P.O.S.T. board shall not, under any circumstances, reinstate the peace officer's certification or grant new certification to the peace officer unless exonerated by a court. The act states that in response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not: Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back; Discharge kinetic impact projectiles indiscriminately into a crowd; or Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order. The act allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity is not a defense to the civil action. The act requires a political subdivision of the state to indemnify its employees for such a claim; except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment. A public entity does not have to indemnify a peace officer if the peace officer was convicted of a criminal violation for the conduct from which the claim arises. The act creates a new use of force standard by limiting the use of physical force and limiting the use of deadly force when force is authorized. The act prohibits a peace officer from using a chokehold. The act requires a peace officer to intervene when another officer is using unlawful physical force and requires the intervening officer to file a report regarding the incident. If a peace officer fails to intervene when required, the P.O.S.T. shall decertify the officer. Under current law, if a grand jury does not bring charges against a person, the grand jury may issue a report. The act requires the grand jury to issue a report when it does not charge a person. Beginning, January 1, 2022, the act requires the P.O.S.T. board to create and maintain a database containing information related to a peace officer's: Untruthfulness; Repeated failure to follow P.O.S.T. board training requirements; Decertification; and Termination for cause. The act makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by peace officers that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. Whenever the attorney general has reasonable cause to believe that a violation of this provision has occurred, the attorney general may in a civil action obtain any and all appropriate relief to eliminate the pattern or practice. The act allows the P.O.S.T. board to revoke peace officer certification for a peace officer who has failed to complete required peace officer training after giving the officer 30 days to satisfactorily complete the training. The act gives the P.O.S.T. board the authority to promulgate rules for enforcement of the provisions related to peace officer certification. The attorney general may bring criminal charges for violations of the provisions related to peace officer certification if violation is willful or wanton, or impose fines upon any individual officer or agency for failure to comply with the provisions related to peace officer certification. The act requires a peace officer to have a legal basis for making a contact. After making a contact, a peace officer shall report to the peace officer's employing agency information that the agency is required to report to the division of criminal justice. The act appropriates $617,478 from the highway users tax fund to the department of public safety for use by the Colorado state patrol. To implement this act, the patrol may use this appropriation as follows: $50,288 for civilians, including an additional 1.0 FTE; $7,550 for operating expenses; $463,700 for information technology asset maintenance; and $95,940 for the purchase of legal services, which is reappropriated to the attorney general's office.(Note: This summary applies to this bill as enacted.)
The act creates the "Colorado Partnership for Quality Jobs and Services Act" to facilitate the creation of formal labor-management partnership agreements between state employees in the state personnel system and the executive branch of state government. The act specifies that certain employees in the state personnel system, due to the nature and responsibilities of their jobs, are not able to participate in partnership agreements. State employees who are allowed to participate in partnership agreements are designated covered employees. The act specifies that there is one partnership unit in the state that consists of all covered employees. Any partnership units established pursuant to the existing Colorado executive order that authorizes partnership agreements (executive order) will be merged into the single partnership unit created in the act. Covered employees in a partnership unit that was created by the executive order and that are represented by an employee organization that the partnership unit chose to exclusively represent it (certified employee organization) will continue to be represented by the existing certified employee organization. An employee organization that wants to represent an unrepresented partnership unit may file a petition with the division of labor standards and statistics (division) in the department of labor and employment requesting that it hold an election to determine whether covered employees want to be represented by an employee organization (representation election). An employee organization requesting a representation election is required to submit a petition to the division signed by at least 30% of the covered employees in the partnership unit. The division is required to certify, as the certified employee organization, the employee organization that receives the majority of votes cast by the covered employees. The act specifies circumstances under which the division is not allowed to hold a representation election. The act also specifies that a covered employee or an employee organization may initiate a process to decertify a certified employee organization for a partnership unit. A covered employee has the right to work with an employee organization and communicate with other covered employees to form a partnership agreement or to discuss other work-related issues. A covered employee has the right to refrain from any activities in connection with employee organizations and the partnership process. A covered employee may also opt not to have the state provide certain personal information to a certified employee organization. Certified employee organizations have the right to reasonable access to covered employees at work, through e-mail, and through other forms of communication. A certified employee organization is required to represent the interests of all covered employees, regardless of membership in the employee organization, in the negotiation of a partnership agreement. A certified employee organization is not required to represent covered employees in certain personnel actions. In addition, a certified employee organization is prohibited from threatening, facilitating, supporting, or causing a strike, work stoppage, work slowdown, group sickout, or any other action that would disrupt the daily functioning of the state or any of its agencies or departments. An employee who engages in such activities may be subject to disciplinary action. The act specifies that nothing contained in the employee partnership process impairs the ability of the state to determine, carry out, and administer specified existing duties and rights of the state. The act specifies that the state is required to: Make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization; Provide specified information about every covered employee to a certified employee organization on a monthly basis; Allow a certified employee organization to meet with a newly hired covered employee; Allow a certified employee organization to attend orientations for new covered employees; After the state and the certified employee organization reach a partnership agreement, submit a request to the general assembly for sufficient appropriations to implement terms of the partnership agreement requiring the expenditure of money; and Engage in good faith in all aspects of the partnership process. The act specifies that not engaging in such duties constitutes an unfair labor practice that can be subject to review by the division. A certified employee organization and the state are required to discuss and cooperatively draft mutually agreed upon written partnership agreements, which are binding on the state, the certified employee organization, and covered employees. The parties are required to bargain over wages, hours, and terms and conditions of employment. All other subjects are permissive and may be addressed by mutual agreement. A partnership agreement is required to provide a grievance procedure to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement. Meetings held to negotiate a partnership agreement and grievance and arbitration proceedings are not open meetings as defined in law. In addition, records prepared or exchanged prior to submission of a final partnership agreement are not subject to the "Colorado Open Records Act". If disputes arise during the formation of a partnership agreement, the certified employee organization and the state are required to engage in the dispute resolution process established by the act or in a mutually agreed upon alternate procedure. The act specifies how mediators will be selected. If the parties do not reach an agreement on outstanding issues within 30 days of commencing mediation, the mediator is required to issue a recommendation on all of the outstanding issues. Either party may make the mediator's recommendation public. Any controversy concerning unfair labor practices of the state or a certified employee organization may be submitted to the division for review. The state or the certified employee organization may seek judicial review of decisions or orders on representation or decertification petitions, unfair labor practice charges, rules or regulations issued by the division, or an arbitrator's decision. The act makes the following changes to the state personnel system: Eliminates the account dedicated to each department in the state employee reserve fund and requires that the money in the fund be used to provide merit pay to employees in a manner consistent with current law; Repeals the limit on the number of senior executive service employees in the state; and When considering a disciplinary action against an employee in the state personnel system for engaging in or threatening violent behavior against another person while on duty, requires the appointing authority to give predominant weight to the safety of the other person over the interests of the employee. If the appointing authority finds that the employee has engaged in or threatened violent behavior, the appointing authority is authorized to take disciplinary action as deemed appropriate by the appointing authority. The act creates the COVID heroes collaboration fund in the state treasury and requires the state treasurer to transfer $7 million from the state employee reserve fund to the COVID heroes collaboration fund on the effective date of the act. Subject to annual appropriation by the general assembly, applicable state agencies may expend money from the COVID heroes collaboration fund for the purposes of the "Colorado Partnership for Quality Jobs and Services Act". In addition, the act modifies the "Colorado Open Records Act" to specify that records created in compliance with the requirements of a partnership agreement and documents created in connection with the dispute resolution process for a partnership agreement are not public records. The act also makes appropriations to the governor's office and various executive branch agencies for the 2020-21 state fiscal year for the implementation of the act. (Note: This summary applies to this bill as enacted.)
The act allows, upon approval of the county treasurer, a board of county commissioners or a city council of a city and county to temporarily reduce, waive, or suspend delinquent interest payments for property tax payments. The act also requires a board of county commissioners or city council to notify local taxing jurisdictions of the intent to reduce, waive, or suspend delinquent property tax interest payments. If a local taxing jurisdiction would be unable to meet its bond payment obligations after the proposed reduction, waiver, or suspension, the local taxing jurisdiction shall notify the board of county commissioners or city council. Finally, the act requires a treasurer to advance property tax payments to local taxing jurisdictions to assist the local taxing jurisdictions in the payment of bonded indebtedness payments and monthly operation costs, if the local taxing jurisdiction submits a letter to the board of county commissioners of the county or the city council of the city and county that contains the local taxing jurisdiction. (Note: This summary applies to this bill as enacted.)
