Preexisting law requires a driver who is overtaking an emergency vehicle, tow vehicle, or public utility vehicle that is parked on the side of the road to reduce and maintain a safe speed. The act makes it a presumption that the following speeds are safe unless the conditions require a lower speed: 25 miles per hour if the speed limit is less than 45 miles per hour; or At least 20 miles per hour less than the posted speed limit if the speed limit is 45 miles per hour or more. The act also requires the Colorado state patrol and the department of transportation to create a campaign raising public awareness of the requirement to move over or slow down and of the dangers to stationary emergency and service vehicles. (Note: This summary applies to this bill as enacted.)
Current law specifies that the Colorado water conservation board's appropriation of water for instream flow purposes is subject to existing uses and exchanges of water. The act directs the state engineer, in administering current law, to confirm a claim of an existing use or exchange if the use or exchange has not previously been confirmed by court order or decree. The person making the claim may also seek confirmation by the water judge. (Note: This summary applies to this bill as enacted.)
Beginning January 1, 2021, the act: Prohibits a pharmacy benefit management firm (PBM) from reimbursing a pharmacy in an amount less than the amount that the PBM reimburses any affiliate for the same pharmacy services; Prohibits PBMs from retroactively reducing payment on a clean claim submitted by a pharmacy unless as the result of an audit conducted in accordance with state law; and Requires health insurers that contract with PBMs to ensure that the PBMs are complying with this prohibition. The division of insurance is authorized to promulgate rules to establish the manner in which carriers and pharmacy benefit management firms are required to show compliance with the act. (Note: This summary applies to this bill as enacted.)
Under current law, interior design work is exempted from the types of work regulated under the laws governing the practice of architecture. The act modifies the interior design exemption: To remove an inconsistency in the language of that exemption whereby one portion of the exemption requires that interior designers not be engaged in work that affects the life safety of building occupants and another portion of the exemption requires that interior designers engage in their work "with due concern for the life safety of the occupants of the building"; and To amend the language of the first portion of the exemption by limiting the restriction to alterations that are outside the content of interior design documents and specifications filed for the purpose of obtaining building permit approval and retains the language of the second portion of the exemption. Additionally, the act authorizes a city, city and county, or regional building authority to reject a building permit application filed by an interior designer only for a reason provided by law. The act also modifies the eligibility criteria for interior designers by removing references to educational requirements. The national certification requirement that is maintained in the statute itself includes educational requirements. Finally, the act modifies the description of "nonstructural or nonseismic" work that is within an interior designer's scope of practice. (Note: This summary applies to this bill as enacted.)
The act enacts the "Colorado Building Families Act", which requires health benefit plans issued or renewed in Colorado on or after January 1, 2022, to cover diagnosis of infertility, treatment for infertility, and fertility preservation services. The coverage for fertility medications must not impose any limits that are not applicable to coverage under the plan for other prescription medications, and the plan cannot impose deductibles, copayments, coinsurance, benefit maximums, waiting periods, or other limitations that are not applicable to other medical services covered under the plan. A religious employer may request an exclusion from the infertility coverage in a health benefit plan offered by the religious employer if the coverage conflicts with the religious organization's bona fide religious beliefs and practices. The act directs the division of insurance to make a determination as to whether the coverage required by the act is in addition to essential health benefits required by the federal "Patient Protection and Affordable Care Act" (Affordable Care Act) and would be subject to defrayal by the state pursuant to the Affordable Care Act. The division is to seek confirmation of its determination from the federal department of health and human services, and the coverage applies and is to be implemented by the division in health benefit plans issued or renewed on or after January 1, 2022, if the division receives confirmation that the coverage is not an additional benefit or if the federal department fails to respond in a timely manner. The act appropriates $3,337 from the division of insurance cash fund to the division of insurance in the department of regulatory agencies for personal services to implement the act. (Note: This summary applies to this bill as enacted.)
Current law includes an income tax credit for new business facility employees in enterprise zones for income tax years commencing prior to January 1, 2014. That statute, found in section 39-30-105, repealed on December 31, 2019. The income tax credit was replaced in 2013 with a modified income tax credit found in section 39-30-105.1, for tax years commencing on or after January 1, 2014. When the modified income tax credit was enacted, certain conforming amendments for the eventual repeal of section 39-30-105, were not made. (Note: This summary applies to this bill as enacted.)
The act modifies various plans administered by the fire and police pension association (FPPA).The act modifies the state-assisted old hire pension plans as follows: There are 26 state-assisted old hire police officers' and firefighters' pension plans with 5 or fewer retirees or beneficiaries who are still receiving benefits. Current law states that the amount of annual local government contributions to those plans is an amount that will amortize the unfunded liabilities of the plan over a period not to exceed 20 years or the average remaining life expectancy of the pension fund's members. Section 1 of the act modifies the method by which the contribution is calculated to more precisely set contribution requirements as the plans' liabilities decrease. The act allows the FPPA board of directors (board) to consider the following when determining the contribution amount: Stabilizing the amount of the annual required contributions over time; keeping the funded ratio of the pension fund from declining; and reducing or eliminating contributions as may be prudent based on actuarial experience. The act modifies the statewide defined benefit plan as follows: Increase in employee and employer contributions: Current statute specifies that all members covered under the statewide defined benefit plan administered by the FPPA contribute 8% of their salary to the FPPA on a monthly basis. In addition, every employer employing members who are covered by the statewide defined benefit plan administered by the FPPA contributes 8% of the salary paid to such members to the FPPA on a monthly basis. In 2014, the members and employers of the statewide defined benefit plan authorized a 4% increase in the member contribution rate to be implemented over 8 years with an increase of 0.5% per year for a total employee contribution rate of 12% of salary. The first 0.5% increase in the member contribution rate occurred in 2015 and the member contribution rate will continue to increase by 0.5% each year thereafter through 2022. Sections 2, 3, and 4 of the act codify the increases in the member contribution rates that are already in effect and make required conforming amendments. Sections 2, 3, and 4 of the act increase the employer contribution rate by 4%, to be implemented over 8 years with an increase of 0.5% a year for a total employer contribution rate of 12% of salary. The act requires the first 0.5% increase in the employer contribution rate to occur in 2021 and requires an additional 0.5% increase each year thereafter through 2028. Retirement eligibility: Currently, a member of the statewide defined benefit plan may retire with a full retirement benefit if the member has completed at least 25 years of service and is at least 55 years old. A member of the statewide defined benefit plan is eligible for an early retirement with a reduced benefit if the member has either completed at least 30 years of service or is at least 50 years old. Section 2 of the act allows a member of the statewide defined benefit plan to retire with an unreduced retirement benefit if the member is at least 50 years old and has a combined age and years of service that is equal to at least 80. To cover the cost of the new full retirement benefit eligibility, section 2 of the act increases the employer contribution rate, in addition to all other increases in the employer contribution rate, by 1% of base salary to be implemented over 2 years. In 2021, the act requires the employer contribution rate to increase by 0.5% of base salary and in 2022, requires the employer contribution rate to increase by an additional 0.5% of base salary. The implementation of the increase may be deferred while other increases are being implemented. Conforming amendment to current plan: Originally, the pension benefit for members of the statewide defined benefit plan was capped at 50% of a member's highest average salary, even when the member earned more than 25 years of service credit. In the 1990s, the cap was eliminated by an amendment to the plan approved by election of the members and employers. Sections 3 and 4 of the act eliminate the cap to conform to the current plan benefits. Stabilization reserve account: When the statewide defined benefit plan was initially established, the revenue generated from the 8% member contribution rate and the 8% employer contribution rate was more than necessary to pay the normal costs of the defined benefit plan. Any money in excess of what was necessary to pay the normal costs of the plan was deposited into the stabilization reserve account. The stabilization reserve account consists of separate retirement accounts and upon retirement, members who have satisfied the vesting requirements of the plan are eligible for distributions from the account. Since the stabilization reserve account was established, benefits allowed under the statewide defined benefit plan have increased to the extent that all of the revenue generated from the member and employer contributions are required to pay the normal costs of the plan and money is no longer deposited into the stabilization reserve account. Sections 3, 5, and 6 of the act change the nature of the separate retirement accounts in the stabilization reserve account to defined contribution accounts, subject to self direction by the member. In addition, the act requires the board to transfer the balances of the separate retirement accounts in the stabilization reserve account to defined contribution accounts by a specified date. Authorization to increase contribution rate: Current law authorizes the board to increase the member contribution rate for members in the statewide defined benefit plan. Section 7 of the act authorizes the board to increase the member and employer contribution rates in equal amounts above the rates established pursuant to law or eliminate an increase in the member and employer contribution rates if certain specified conditions are satisfied, including approval by members and employers at an election proposing such increase or decrease. Continuing rate of contribution: Pursuant to current law, any county that does not cover, under the federal "Social Security Act", salaried employees whose duties are directly involved with the provision of law enforcement or fire protection may elect coverage under the statewide defined benefit plan and the statewide death and disability plan. Section 9 of the act specifies that the board may determine a continuing rate of contribution for all members who are active on the effective date of coverage to fund benefits to ensure that the affiliating employers' coverage does not have an adverse financial impact on the actuarial soundness of the plan. Employers that have withdrawn from the statewide defined benefit plan but later reenter the plan are required to pay a continuing rate of contribution for all members who are active on the effective date of coverage. The continuing rate of contribution is a contribution in addition to the member and employer contribution and accounts for increased costs associated with members employed by employers who reenter the plan. The board established the continuing rate of contribution pursuant to law; however, the rate set by the board was higher than necessary to pay the costs of benefits for impacted members and current law does not authorize the board to decrease the rate. Section 12 of the act authorizes the board to decrease the continuing rate of contribution when it determines that the rate is higher than what is necessary to pay the costs of the benefits of members who are employees of employers who rejoined the plan. The act modifies the death and disability plan as follows: For members hired on or after January 1, 1997, and who are eligible for death and disability coverage provided by the FPPA, current law requires a contribution to the death and disability account not to exceed 2.4% of the members salary; except that the board is authorized to increase the contribution rate every 2 years by 0.1%. The current rate is 2.8% of salary. Sections 8, 10, and 11 of the act increase the maximum contribution rate in 2021 to 3% of salary and authorize the board to increase the contribution every year by up to 0.2% of the member's salary. (Note: This summary applies to this bill as enacted.)
The act: Makes corrections to the penalty for a taxpayer's failure to pay the correct amount of sales taxes due or for a taxpayer's failure to account for sales taxes correctly so that the statute reads the way the department of revenue applies the law; Changes the penalty section for use tax collections so that it is the same as for sales tax collections; legislative history makes clear that the legislature has intended these sections to be the same, but over the years bills revising these sections did not successfully align the 2 sections; and Repeals a temporary partial sales tax rate reduction for a new or used commercial truck, truck tractor, tractor, semitrailer, or vehicle used in combination therewith that has a gross vehicle weight rating in excess of 26,000 pounds. While the rate reduction could still be used, it is preempted by a full rate reduction for low-emitting vehicles in another statutory section. Any vehicle that could qualify for the temporary partial rate reduction in a TABOR refund year already qualifies for the full exemption from sales or use tax under the other section, so the partial rate reduction is not used.(Note: This summary applies to this bill as enacted.)
The act changes the penalty for abuse of a corpse to a class 6 felony. The act states that a defendant may not be convicted of more than one offense for tampering with a deceased human body and abuse of a corpse if the act arises out of a single incident. The statute of limitations for tampering with a deceased human body and abuse of a corpse will commence upon discovery of the criminal act. (Note: This summary applies to this bill as enacted.)
Under the act, no later than the effective date of the disconnection of a particular tract of land from a municipality, any vested property rights affecting the land that have been established by law prior to the date that are possessed by the owner of the tract are expired or relinquished. The act makes any tract of land that has been disconnected from a municipality, whether by means of an ordinance or a court decree, subject to the applicable county's zoning resolution and map and other land development regulations within 90 days after the effective date of the disconnection. The act specifies that any provision of the county's zoning resolution, zoning map, or zoning plan automatically applying a uniform zoning classification to all land that may be disconnected in the future is void and of no effect as to any particular tract of land. The county may institute the procedure specified in the Colorado Revised Statutes in its zoning resolution or zoning plan, or in its other land development regulations to allow the particular tract of land to obtain the necessary land entitlements at any time after the county receives the notice from the municipality regarding enactment of an ordinance disconnecting the tract from the municipality; except that the act prohibits any such zoning resolution, zoning plan, or other land development action from being enacted and made effective until the tract of land has been disconnected from the municipality. During the 90-day period, or such lesser time as is required to satisfy such requirement, the county may elect not to issue any building or occupancy permit for all or any portion of the land area that is the subject of the disconnection application. The act permits a county to commence the procedure specified in its own subdivision regulations to subdivide the tract of land that is the subject of the disconnection application at any time after the disconnection has been completed and the ordinance has been filed with the county clerk and recorder; except that the act prohibits the county from making a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted. In connection with the disconnection process by court decree for statutory cities and statutory towns, respectively, the act requires any disconnected land to be made subject to the applicable county's zoning resolution and map and other land development regulations within 90 days after the effective date of the disconnection. (Note: This summary applies to this bill as enacted.)
The act implements the recommendation of the department of regulatory agencies' 2019 sunset review and report concerning the Colorado kids outdoors advisory council by repealing the council. (Note: This summary applies to this bill as enacted.)
The act allows an active member of the armed forces of the United States or a veteran of the armed forces of the United States, or a dependent of the member or veteran, to be eligible for in-state tuition status at a community college, regardless of whether the person satisfies Colorado domicile or residency status. (Note: This summary applies to this bill as enacted.)
