Child placement agencies - delegating care of a minor - temporary care assistance program - appropriation. The act permits a parent or guardian to use a temporary care assistance program operated by a child placement agency to identify an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney. Prior to July 1, 2021, only a child placement agency that is a nonprofit organization and that operates a program similar to a temporary care assistance program in 30 or more states may operate a temporary care assistance program. A temporary care assistance program must make diligent efforts to notify any parent or guardian identified having parental rights or legal decision-making authority regarding the minor's care and cannot assist a parent who is named as a respondent in an open dependency and neglect case. A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver is limited to a duration of 6 months. The 6-month restriction does not apply to deployed or active duty military members. Such a power of attorney can be revoked at any time and does not change legal rights or obligations existing pursuant to a court order. The minor must be returned to the custody of the parent or guardian within 48 hours after termination of the power of attorney. A temporary care assistance program is permitted to approve as a temporary caregiver any person who: Meets the standards prescribed by the temporary care assistance program; Satisfactorily completes required criminal and child abuse and neglect background checks and sex offender registration checks; and Receives training conducted by the temporary care assistance program. A temporary care assistance program and a temporary care provider are subject to any rules applicable to noncertified kinship care that are promulgated by the department of human services and that are consistent with statutory provisions concerning temporary care assistance programs. A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not constitute child abuse or neglect, constitute placing the minor into foster care, or relieve parents, guardians, or minors of rights and obligations pursuant to court orders. For the 2019-20 state fiscal year, $14,093 is appropriated from the general fund to the department of human services for use by the division of child welfare for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
Medical marijuana - primary caregivers - juvenile patient - appropriation. Under current law, a medical marijuana patient is limited to having one primary caregiver at a time. The act makes an exception for a patient who is under 18 years of age and allows each parent or guardian to serve as a primary caregiver. The act also clarifies that if the patient is under the jurisdiction of the juvenile court, the judge presiding over the case may determine who is the juvenile's primary caregiver. The act appropriates $95,831 to the department of public health and environment for the medical marijuana registry from the medical marijuana program cash fund. (Note: This summary applies to this bill as enacted.) Read More
State sales tax exemption for farm equipment - extension - applicability to local sales taxes. Current law exempts cow identification systems and transponders used by a farm dairy to identify and track dairy cows from the state sales and use tax but does not otherwise exempt any equipment or systems used by a farm operation to identify or track food animals. By amending the statutory definition of "farm equipment", the act extends the existing state sales and use tax exemption to include, regardless of purchase price, any visual, electronic identification, or matched pair ear tags and electronic identification readers used to scan ear tags that are used by a farm operation to identify or track food animals, including animals used for food or in the production of food. Under the act the extension of the exemption only applies to a county or municipal sales tax if the county or municipality amends its sales tax ordinance to include the extension of the exemption.(Note: This summary applies to this bill as enacted.) Read More
Department presentation to legislative committees of reference - department regulatory agendas. The act requires all presentations made to joint committees of reference under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" to be conducted in the first 2 weeks of the regular legislative session rather than during the interim between legislative sessions, and as a result: Repeals the requirement that appointees to committees of reference be designated no later than December 1 prior to the convening of the general assembly; and Repeals the authorization that members and members-elect are entitled to per diem and reimbursement of expenses.(Note: This summary applies to this bill as enacted.) Read More
Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act: Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019; Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides; Commencing October 1, 2019, requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also: Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace; Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.(Note: This summary applies to this bill as enacted.) Read More
Child abuse and neglect - CARENetwork - resource center - appropriation. The act establishes the Colorado child abuse response and evaluation network (CARENetwork) to provide medical exams and behavioral health assessments to children who are subject to physical or sexual abuse or neglect. The department of public health and environment is to contract with a nonprofit organization to act as a resource center. The act specifies duties of the resource center. The act also establishes a CARENetwork advisory committee and specifies the membership and duties of the advisory committee. The act appropriates $632,717 from the general fund to the department of public health and environment to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Evidence-based practices implementation for capacity resource center - collaboration partners. In the division of criminal justice in the department of public safety there is the evidence-based practices implementation for capacity resource center (center). The center's role is to develop and sustain effective implementation frameworks to support the use of evidence-based practices for both juvenile and adult populations in the criminal justice system. Current law requires the center to collaborate with the department of public safety, the department of corrections, the department of human services, and the judicial department. The act removes the limit on the departments with which the center can collaborate.(Note: This summary applies to this bill as enacted.) Read More
Demographic notes on bills - process for requesting - content of notes - appropriation. Beginning with the 2020 legislative session, the staff of the legislative council are required to prepare demographic notes on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 demographic notes each, or more at the discretion of the director of research of the legislative council. When a member of leadership requests a demographic note, the staff of the legislative council must meet with the requesting member and the sponsor of the bill to discuss whether a demographic note can practically be completed for that bill. If not, the member of leadership may request a demographic note on a different bill, within the limits specified in the act. A demographic note is defined as a note that uses available data to outline the potential effects of a legislative measure on disparities within the state. Disparities means the difference in economic, employment, health, education, or public safety outcomes between the state population as a whole and subgroups of the population defined by relevant characteristics for which data are available, including race, ethnicity, sex, gender identity, sexual orientation, disability, and geography. The director of research of the legislative council must develop the procedures for requesting, completing, and updating the demographic notes and memorialize the procedures in a letter to the executive committee of the legislative council. The director may seek and expend gifts, grants, or donations to pay for training for staff. $89,474 is appropriated to the legislative department for use by the legislative council staff for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
Office of information technology - state agency definition - department of education excluded. The department of education is excluded from the definition of "state agency" as used in the office of information technology (office) provisions. Although the department of education is not a state agency for purposes of the office, the chief information officer may enter into contracts with the department of education for the purpose of providing disaster recovery services.(Note: This summary applies to this bill as enacted.) Read More
Access to behavioral health supports for high-risk families - pregnant and parenting women - high-risk families cash fund - child care services and substance use disorder treatment pilot program - regional mobile child care model - appropriation. The act amends existing programs that provide access to substance use disorder treatment to pregnant and parenting women up to one year postpartum. The act creates child care pilot programs for parenting women engaged in substance use disorder treatment. The act: Encourages health care practitioners and county departments of human or social services to identify pregnant women and parenting women for a needs assessment to determine needed services; Authorizes the state department of human services (state department) to use state money to provide residential substance use disorder treatment to pregnant and parenting women until such time as those services are covered under the state program of medical assistance and authorized under federal law; Creates the high-risk families cash fund (cash fund) in the office of behavioral health in the state department to increase capacity for and provide services to high-risk parents, including pregnant and parenting women, and for services for high-risk children and youth with behavioral health disorders. The state treasurer shall transfer unencumbered money in the cash fund to certain programs listed in the act. Creates the child care services and substance use disorder treatment pilot program (pilot program) as a two-generation initiative in the state department, and awards pilot program grants to enhance existing child care resource and referral programs and increase child care navigation capacity to serve pregnant and parenting women seeking or participating in substance use disorder treatment; Awards pilot program grants to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women with a substance use disorder; Awards pilot program grants to pilot a regional mobile child care model to serve young children of parenting women in substance use disorder treatment; Requires an annual appropriation of $500,000 for 3 fiscal years for the pilot program, and requires annual reporting to the general assembly concerning the pilot program. Any money not expended for the pilot program will be transferred to the high-risk families cash fund. Prohibits the admission into evidence in criminal proceedings information relating to substance use during pregnancy, with certain exceptions, that is obtained as part of providing postpartum care for up to one year postpartum or disclosed while women are seeking or participating in behavioral health treatment. For the 2019-20 state fiscal year, the bill appropriates $500,000 from the general fund to the department of human services, office of early childhood, to implement the child care services and substance use disorder treatment pilot program. (Note: This summary applies to this bill as enacted.) Read More
Child welfare - foster care prevention services - qualified residential treatment programs - federal compliance. The act authorizes the department of human services (department) to establish and implement a foster care prevention services program for families with children and youth who are candidates for foster care but who can safely remain at home with receipt of foster care prevention services. Eligible recipients of foster care prevention services include children and youth and their parents, legal custodians, legal guardians, and kin caregivers when their needs are directly related to the safety, permanent placement, or well-being of the child or youth. If a child or youth is placed in a qualified residential treatment program (QRTP), the court or the administrative review division of the department is required to review the assessment and needs of the child or youth and determine whether placement in the QRTP is appropriate. The act requires a county department of human or social services (county department) to submit certain evidence to the court during each review and permanency hearing of a child or youth placed in a QRTP. A county department may provide foster care prevention services to a child or youth and the parents or kin caregivers of the child or youth upon the receipt of a report of intrafamilial abuse or neglect or human trafficking. The act adds the federal "Family First Prevention Services Act" as a program to be administered by the department. The act also adds foster care prevention services to the definition of child welfare services. The act requires the department to implement the utilization of foster care prevention services and qualified residential treatment programs when the federal government approves the state's five year Title IV-E prevention plan. (Note: This summary applies to this bill as enacted.) Read More
Substance use disorders - alternatives to arrest and criminal charges for persons in need of substance use treatment - treatment in prisons and jails - record sealing - harm reduction program - appropriation. The act enacts policies related to the involvement of persons with substance use disorders in the criminal justice system. The Colorado commission on criminal and juvenile justice is required to study and make recommendations concerning: Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses; Best practices for investigating unlawful opioid distribution in Colorado; and A process for automatically sealing criminal records for drug offense convictions. Jails that receive funding through the jail-based behavioral health services program must have a policy in place on or before January 1, 2020, that describes how medication-assisted treatment will be provided, when necessary, to individuals in the jail. The jail may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment. The department of corrections (DOC) is required to allow medication-assisted treatment to be provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC. The DOC may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment. The act adds to an existing legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low-level drug offenses. The act creates a simplified process for sealing convictions for level 4 drug felonies, all drug misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and upon court order. This provision of the act is contingent upon House Bill 19-1275 being enacted and becoming law. The harm reduction grant program is established to reduce health risks associated with drug use and improve coordination between law enforcement agencies, public health agencies, and community-based organizations. Grants may be awarded to nonprofit organizations, public health agencies, and law enforcement agencies. The department of regulatory agencies shall review the grant program prior to its scheduled repeal in 2024. The following appropriations are made for the 2019-20 state fiscal year: $1,963,832 is appropriated from the general fund to the department of human services for use by the office of behavioral health; $492,750 is appropriated from the general fund to the department of corrections; $1,800,000 is appropriated from the marijuana tax cash fund to the harm reduction grant program, which the department of public health and environment is responsible for the accounting related to such appropriation; and $40,300 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for administrative services.(Note: This summary applies to this bill as enacted.) Read More
