In 2019, Senate Bill 19-242, concerning the creation of an emergency medical service provider license, was enacted to authorize a certified emergency medical service (EMS) provider to seek licensure if the provider demonstrates to the department of public health and environment that the provider has sufficient educational credentials for licensure. Numerous conforming amendments added references to licensed EMS providers where certified EMS providers were referenced in statute. Also in 2019, Senate Bill 19-065, concerning the creation of a peer health assistance program for emergency medical service providers, was enacted to establish a peer health assistance program for EMS providers. The act amends the statute created in Senate Bill 19-065 by adding references to licensed EMS providers and licensees to align Senate Bill 19-065 with Senate Bill 19-242. (Note: This summary applies to this bill as enacted.)
The act makes the following modifications to the existing "Forest Restoration and Wildfire Risk Mitigation Act" (FRWRMA) and, specifically, the grant program funded by FRWRMA: Currently, grant applicants are required to self-finance 50% of the cost of a project funded by a grant. In the case of a project that is located in an area with fewer economic resources, the act lessens this requirement so that grant applicants are required to self-finance 25% of the total cost of the project. The forest service is required to establish a policy that specifies the criteria by which a project will satisfy such requirements. In meeting the match requirements under FRWRMA, the act specifies that a project may be funded in whole or in part from gifts, grants, or donations received from any organization, entity, or individual. In measuring an in-kind contribution under FRWRMA, the act specifies that such a contribution may include volunteer hours provided by the staff of an entity or organization applying for grant funding and the time for which staff receives monetary compensation in the form of salary or other financial benefits. Permits a grant project eligible to receive funding to support ongoing maintenance efforts undertaken by eligible recipients to reduce the threat of large, high-intensity wildfires. Eliminates an existing requirement that, to receive funding, a project must include a diverse and balanced group of stakeholders as well as appropriate governmental representatives. As part of the submission of grant applications, the forest service encourages applicants to include on their grant applications information that indicates whether the project satisfies these objectives. Adds to the list of recipients eligible to receive grant funding a fire protection district and a nonprofit organization or entity engaged in firefighting or fire management activities. Extends the date by which the grant program will be repealed to September 1, 2029. In the act, the general assembly encourages the forest service to modify its administrative policies and procedures to enable funding to be provided to grant recipients in March to enable wildfire mitigation to commence before the prime wildfire season starts in June. (Note: This summary applies to this bill as enacted.)
The act modifies the authority and duties of the county treasurer (treasurer) of each county. Treasurer's fees: The treasurer is required to charge and receive fees on all money received for town and city taxes. Current law also specifies that the fee for the collection of specific ownership taxes shall not be charged by the treasurer, as the fee is charged when the specific ownership tax is collected by the authorized agent. Section 1 of the act clarifies that the requirement to charge fees does not apply to the collection of specific ownership taxes. In addition, section 1 makes the fees that the treasurer is required to charge for research consistent with the fees charged pursuant to the "Colorado Open Records Act", and sections 1 and 14 make the fee charged for issuing an authentication of paid ad valorem taxes and a transportable manufactured home permit discretionary. Deputy treasurer: Current law authorizes a treasurer to appoint a deputy treasurer as necessary. Section 2 authorizes a treasurer to appoint a chief deputy and specifies that the chief deputy treasurer performs the duties of the treasurer if the treasurer is unable to perform such duties or if there is a vacancy in the treasurer's office. Receipts: Each treasurer is required to issue a receipt upon payment of any money to him or her. Sections 3 and 11 specify that if a person who has paid taxes wants a receipt for payment of taxes, the person shall request a receipt and the treasurer is required to issue such receipt upon request. Keeping a cash book: Current law requires each treasurer to keep a cash book with a record of every financial transaction in which the treasurer is involved. Section 4 repeals this requirement, as it is redundant to another statutory provision that requires each treasurer to keep a just and true account of the receipt and expenditure of all money that comes in or goes out of the treasurer's office. Definition of treasurer: For county purposes, "treasurer" is defined as the elected treasurer of a county or his or her appointed successor. However, the Weld county treasurer is appointed pursuant to the county's charter rather than elected. Section 5 modifies the definition of treasurer to include the treasurer or equivalent officer, as provided in the county's charter, for any home rule county. Conveyance of property: Current law specifies when the grantee or grantor of a conveyance of property will pay the taxes levied on the property if the conveyance does not include an express agreement regarding which party will pay the taxes due. Section 6 clarifies that this provision applies only when the property conveyed is not personal property, which is addressed in another provision of law. In addition, section 9 repeals obsolete language that required the treasurer to waive personal property tax obligations resulting from any conveyance, relocation, or change in tax status of the property that were not in the process of collection as of a certain date. Notice of property tax exemption: By specified dates each year, each county assessor and treasurer is required to mail certain mailings or notices to each residential real property address in the county. Section 7 specifies that if the county assessor or treasurer has reasonable certainty that such a notice will not be delivered to a residential real property address by the United States postal service, the county assessor and treasurer are not required to send the notice to that address. Declarations: Current law allows the treasurer to assess and tax any taxable property located in the treasurer's county if the property was omitted from the county assessor's tax list and warrant. Current law also requires public utilities in the state and the operators or owners of oil and gas leaseholds in the state to file with the property tax administrator or the county assessor, respectively, certain statements regarding their property. The statements are confidential and are currently not available to the treasurers. The treasurer, however, may need access to these statements if property owned by the public utility or the oil and gas leaseholds are omitted from the tax list and warrant. Sections 8 and 10 specify that such statements filed with the property tax administrator and the county assessor are available to the treasurer. Notice of school district mill levy: Current law requires each person whose name appears on the tax list and warrant to be informed in writing of specified information regarding the school district general fund mill levy. Section 12 modifies this provision to require the school district mill levy information be included on every tax notice. Estimated payment of tax: Current statute does not authorize a treasurer to accept an early payment of tax. Section 13 allows a treasurer to accept an estimated prepayment of property taxes due for the current tax year prior to the treasurer's receipt of the tax warrant. Section 13 also gives the treasurer broad authority to establish the conditions and terms under which estimated prepayments will be accepted. Tax liens on mobile homes: Current law specifies that a mobile home that is sold may be redeemed by the owner if certain criteria are satisfied. Section 15 modifies this provision to also allow the mobile home to be redeemed if it is stricken off to the county. When a mobile home has been purchased by the county at a tax sale and the assessor has determined that the actual value of the mobile home is less than $1,000, current law requires the treasurer to declare the mobile home condemned and to dispose of the mobile home at the end of the redemption period. Section 15 authorizes, rather than requires, the treasurer to condemn and dispose of the mobile home at the end of the redemption period. Personal property tax moving from county: Pursuant to current law, if the treasurer has reason to believe that personal property will be removed from the state, the treasurer may proceed with collections. Current law also states that if the county assessor reports that the property is moving out of the county, the treasurer is required to proceed with the collections process. Section 16 makes the 2 provisions consistent by referencing property moving out of the county in both instances and by allowing the treasurer to determine whether to proceed with collections in both instances. Abatement of taxes: Current law specifies that for abatements or refunds of taxes made pursuant to a petition for abatement or refund, interest accrues from the date a complete abatement petition is filed. Section 17 requires that beginning January 1, 2020, interest accrues from the date an abatement petition is filed or the date payment of taxes was received by the treasurer, whichever is later. Certification of taxes due: Upon request, a treasurer is required to certify the amount of taxes due as shown in the records of the treasurer's office or the records of the department of revenue. Current law specifies that a certificate signed by the treasurer showing payment of all taxes due is conclusive evidence that the taxes have been paid, without distinguishing between taxes owed to the treasurer and taxes owed to the department of revenue. Section 18 specifies that a certificate signed by the treasurer is conclusive evidence that only the taxes owed to the county have been paid. County held liens: Current law requires the treasurer, at least annually, to prepare and present to the board of county commissioners a list of all tax liens on all real property struck off to the county and all certificates of sale relating to the property if the certificates have been held by the county for 30 years or more without obtaining a deed or being otherwise disposed of. Section 19 changes this requirement to apply to certificates held by the county for 3 years to allow the board of county commissioners to take certain actions regarding the property at an earlier date. (Note: This summary applies to this bill as enacted.)
The act amends the statutes that regulate the types and amounts of investments a domestic insurer may make, including investments in bonds and other evidences of indebtedness. Section 1 of the act clarifies the types of indebtedness that may be invested in and allows the domestic insurer to invest in the debts of an issuer that is in default in the payment of interest on the debt. Preexisting law allows a domestic insurer to invest in first-priority mortgage loans in the United States and Canada. In connection with this, section 2: Authorizes investment in lower-priority loans if the holder of the lower-priority loan holds the first-priority loan; Repeals the requirement that the mortgaged land have a building, be used for agriculture or pasture, or be income-producing; Expands the requirement that improvements to the land have fire insurance to a requirement that these improvement have casualty insurance; and Authorizes domestic insurers to acquire mortgage loans for land located in other foreign jurisdictions that have a sovereign debt rating of "1" from the securities valuation office of the National Association of Insurance Commissioners if these assets do not exceed 10% of the domestic insurer's investments. Preexisting law allows a domestic insurer to invest in real estate for income. In connection with this, section 3 broadens the current definition of "real estate", which covers fee simple ownership and leasehold estates, to include all interests in property, including mineral estates. Preexisting law allows a domestic insurer to invest in preferred or common stock in businesses within the United States and Canada. In connection with this, section 4: Broadens current law to allow investment in equity interests of businesses other than preferred or common stock, but limits the aggregate value of all equity interests that may be admitted assets to 10% of the company's admitted assets; Repeals the requirement that the business not be in arrears as to dividends for the last 3 years; Repeals the requirement that any sinking fund for preferred stock must be current; Repeals the requirement that a corporation had net earnings available for dividends on its outstanding common stock in each of the 3 fiscal years immediately preceding the date of acquisition; Repeals the requirement that common stock must be registered on a national securities exchange or regularly traded on a national or regional basis; Exempts mutual funds, open-end index funds, or exchange-traded index funds from a prohibition on investing, in one company, more than 2% of the insurer's assets in common stock or 5% of these assets in any stock; Limits the amount of equity that is not listed on a nationally registered securities exchange or securities market to 5% of the domestic insurer's assets; and Authorizes a domestic insurer to invest in equity interests in businesses created in other foreign jurisdictions that have a sovereign debt rating of "1" from the securities valuation office of the National Association of Insurance Commissioners if these assets do not exceed 3% of the domestic insurer's investments. Preexisting law allows a domestic insurer to invest in money market mutual funds. Section 9 requires the funds to comply with certain federal regulations and requires government-backed funds to meet certain standards of the National Association of Insurance Commissioners. (Note: This summary applies to this bill as enacted.)
The act creates an online transparency task force. Interested legislators and the following individuals, or their designees, may participate in the task force: The head of each principal department; The state's chief information officer; and The executive director of the statewide internet portal authority, who is chair of the task force. The purpose of the task force is to recommend: Ways to enhance citizens' online access to rules and the rule-making process and to increase the transparency of the rule-making process; Options for the design and implementation of an integrated state rule-making web portal; Common rule-making agency reporting formats, workflows, timelines, and protocols; and An entity to manage the integrated state rule-making web portal. The task force shall submit a written report that summarizes its recommendations by January 1, 2021, to the general assembly's committees of reference with jurisdiction over business and state affairs and cease operations upon submission of the report. (Note: This summary applies to this bill as enacted.)
Under current law, all managers and employees of a medical marijuana business or a retail marijuana business with day-to-day operational control must be Colorado residents when they apply for licensure. The act repeals this residency requirement. The act clarifies that all employee licenses are valid for a period not to exceed 2 years and all regulated marijuana business licenses and licenses granted to a controlling beneficial owner are valid for one year. (Note: This summary applies to this bill as enacted.)
House Bill 19-1279, concerning the use of perfluoroalkyl and polyfluoroalkyl substances, requires manufacturers of class B firefighting foam that contains intentionally added polyfluoroalkyl substances to notify, in writing, sellers of their products about the state's new regulations of these products "no less than one year prior to the effective date of section 25-5-1303", which is impossible because the notice requirements did not exist prior to the bill's effective date on August 2, 2019. The act addresses this error by modifying the effective date of the required notice to prior to August 2, 2020. (Note: This summary applies to this bill as enacted.)
The act adds 2 voting members to the board of trustees of Fort Lewis college. Of the 9 voting members of the board: No more than 5 members may be from one political party; At least one member must be an enrolled member of a federally recognized Native American tribe; and At least 2 members must reside in Archuleta, Dolores, La Plata, Montezuma, or San Juan county, or on the Ute Mountain Ute or Southern Ute reservation.(Note: This summary applies to this bill as enacted.)
The act authorizes the Colorado water conservation board to augment stream flows to preserve or improve the natural environment to a reasonable degree by use of an acquired water right that has been previously quantified and changed to include any augmentation use, without a further change of the water right being required. (Note: This summary applies to this bill as enacted.)
The act allows the department of human services to promulgate rules to make any necessary changes to the relevant human services automated systems to ensure child support payments are not passed through to temporary assistance for needy families (TANF) recipients if the general assembly does not appropriate an amount of money that is at least 90% of the total county share of collections passed through to the custodial party after the full federal share is paid. The act also creates the child support collection fund. (Note: This summary applies to this bill as enacted.)
The act clarifies that the term "student publication" can mean a publication in written, broadcast, or online format. A student advisor may encourage expression consistent with high standards of English and journalism. The act also adds a provision to protect public school employees from any form of retaliation resulting solely from the employee's actions to protect a student's rights of free expression or refusing to infringe on student conduct that is protected by the Colorado student free expression law or by the first amendment to the United States constitution. (Note: This summary applies to this bill as enacted.)
The act specifies that a local government master plan that contains a water supply element must include water conservation policies, to be determined by the local government, which may include goals specified in the state water plan and policies that require implementation of water conservation and other state water plan goals as a condition of development approvals. The act authorizes the department of local affairs to hire and employ a full-time employee to provide educational resources and assistance to local governments that include water conservation policies in their master plans. $26,215 is appropriated from the general fund to the department of local affairs for use by the division of local government to implement the act, which amount is allocated as follows: $24,066 for personal services, including an additional 0.5 FTE; and $2,149 for operating expenses.(Note: This summary applies to this bill as enacted.)
