Foster care - bill of rights for sibling youth in foster care. The act establishes certain rights for sibling youth in foster care, unless the rights are not in the best interests of either sibling, regardless of whether the parental rights of one or more of the foster youth's parents have been terminated.(Note: This summary applies to this bill as enacted.) Read More
Passenger tramway safety board - continuation under sunset law. The act implements some of the recommendations of the department of regulatory agencies' sunset review and report on the passenger tramway safety board (board) by: Continuing the functions of the board for 11 years, until 2030; Removing the requirement that letters of admonition be sent by certified mail; and Replacing statutory references to the program administrator with references to the program director. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Internet service providers - state-funded broadband deployment - state procurement preferences - open internet requirements to receive state funds or contracts - complaints to federal trade commission. Section 1 of the act disqualifies an internet service provider (ISP) from receiving money through a grant from the broadband deployment board (board) or through any state fund established to help finance broadband deployment if the ISP engages in any of the following practices: Blocking lawful internet content, applications, services, or devices unless such blocking is conducted in a manner consistent with reasonable network management practices; Engaging in paid prioritization of internet content; Regulating network traffic by throttling bandwidth or otherwise impairing or degrading lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation is conducted in a manner consistent with reasonable network management practices; or Not providing reasonable transparency regarding its network management practices. Section 1 also requires that, if an ISP is found to have engaged in any of the practices listed above, the ISP must refund any money that it received in the prior 24 months through a grant from the board or from any other state funding source established to help finance broadband deployment. Section 2 requires the broadband deployment board to periodically review the federal trade commission's and federal communications commission's websites to identify any actions the federal agencies have taken against an ISP that seeks or has received broadband deployment grant money from the board. If the board determines from a review of the federal agency action that the ISP engaged in one of the practices listed above, the board shall deny the application or inform the public utilities commission of the action. Section 3 requires the attorney general or the attorney general's designee, in collaboration with the board, to develop guidance for consumers on how to file a complaint with the federal trade commission to allege that an ISP has engaged in any of the practices that violate federal law regarding interference with the open internet. The department of law shall post the guidance on its website. Section 4 requires a governmental body, when contracting for broadband internet access service, to give preference to an ISP that certifies to the governmental body that it will not engage in any of the practices listed in section 1. (Note: This summary applies to this bill as enacted.) Read More
Traffic infractions - passing authorized snow plows in echelon formation - appropriation. The act states that a person commits a class A traffic offense if the person passes a snowplow that is operated by a state, county, or local government, displaying its lights, and performing its service function in echelon formation with one or more other such snowplows. "Echelon formation" means a formation in which snowplows are arranged diagonally, with each unit stationed behind and to the right, or behind and to the left, of the unit ahead. $3,375 is appropriated to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Traction control equipment. The act amends the traction-control statute, which requires certain equipment during a winter storm, by: Updating the equipment options to authorize current technology and traction options; Setting minimum standards for tires; and Requiring the traction equipment to be carried on I-70 between milepost 133 (Dotsero) and milepost 259 (Morrison) from September 1 through May 31 for icy or snow-packed conditions.(Note: This summary applies to this bill as enacted.) Read More
County, municipality, and other political subdivisions - retirement benefits plan or system for elected or appointed officers and employees - contribution rates. For any county, municipality, or other political subdivision (local government) or group of local governments that has established and maintains a plan or system (plan) of retirement benefits for its elected or appointed officers and its employees, the minimum contribution rate of participants in the plan is changed to 3% of the participant's basic salary or wage. In addition, the contribution rate of the local government and the contribution rate of the participant do not have to be the same, as was previously required, as long as the contribution rate for each is at least 3% of the participant's salary or wage.(Note: This summary applies to this bill as enacted.) Read More
Transfer of money from unclaimed property trust fund to housing development grant fund - expansion of permitted uses of money in housing development grant fund. Assuming certain conditions are satisfied affecting the state's fiscal situation, the act requires the state treasurer to transfer $30 million commencing with the 2020-21 state fiscal year and through and including the 2022-23 state fiscal year from the unclaimed property trust fund to the division of housing in the department of local affairs (division) to be deposited by the division into the housing development grant fund (housing fund) to finance the uses described in the statute. For each state fiscal year that a transfer is not made, the act specifies that the last year in which a transfer may be made is extended for an additional state fiscal year. The act prohibits any transfer permitted from being made in more than 3 total state fiscal years. The act makes updates that are technical in nature to statutory provisions governing the division. In addition to the other sources of money to be deposited into the housing fund, the act specifies that the housing fund also consists of money transferred by the state treasurer from the unclaimed property trust fund to the division to be deposited into the housing fund to supplement existing money in such fund to be expended for any of the purposes specified in the act. The act also expands the permitted uses of money in the housing fund. Subject to the limitation on the percentage of money appropriated from the housing fund that may be expended for the administrative costs of the division in administering the housing fund, the act authorizes the division to expend money from the housing fund to hire and employ individuals in order to fulfill its purposes. (Note: This summary applies to this bill as enacted.) Read More
Income tax - affordable housing tax credit - increase in aggregate amount of tax credits that may be allocated annually. Currently, under the affordable housing tax credit, during each calendar year of the period beginning in 2015 and ending in 2024 the Colorado housing and finance authority (CHFA) may allocate tax credits in an aggregate amount up to $5 million annually. The act increases the annual aggregate cap to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024.(Note: This summary applies to this bill as enacted.) Read More
Reinsurance program - creation - payments for high-cost insurance claims - program contingent on federal waiver or funding approval - special fees - premium tax revenues - other funding sources - cash fund created - appropriation - repeal. The act authorizes the commissioner of insurance to apply to the secretary of the United States department of health and human services for a state innovation waiver, federal funding, or both, to allow the state to implement and operate a two-year reinsurance program to assist health insurers in paying high-cost insurance claims. The state cannot implement the program absent waiver or funding approval from the secretary. The program is established as an enterprise for purposes of section 20 of article X of the state constitution so long as the program satisfies enterprise status requirements. The commissioner is to establish payment parameters at levels to effectuate targeted insurance premium reductions. The payment parameters include: The attachment point, above which claims costs are eligible for reinsurance payments; The coinsurance rate at which the program will reimburse carriers for claims above the attachment point; and The reinsurance cap, above which claims costs are no longer eligible for reinsurance payments from the program. The commissioner is authorized to assess special fees against hospitals and, under specified circumstances, against health insurers to provide funding for the program. Additionally, the program is to receive money from the following sources to operate the program: Federal pass-through funding or other federal funds made available for the program; For the 2020-21 and 2021-22 fiscal years, an amount of premium tax revenues collected under current law that exceeds the amount collected in calendar year 2019; $15 million in 2020 and $40 million in 2021 from the general fund, contingent on the passage of House Bill 19-1245; and Any money the general assembly appropriates to the program fund. The act creates the reinsurance program cash fund and continuously appropriates the money in the fund to the division of insurance to operate the program. The commissioner is also authorized to seek, accept, and expend gifts, grants, or donations from private or public sources. The program repeals on September 1, 2023, unless the federal government denies the waiver or funding request, in which case the program repeals upon that denial. $785,904 is appropriated to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Health care cooperatives - consumer protections - consumers negotiating rates. The act modernizes laws authorizing health care cooperatives in the state to incorporate consumer protections such as coverage for preexisting conditions and to encourage consumers to help control health care costs by negotiating rates on a collective basis directly with providers. The act authorizes the commissioner of insurance to apply for a federal waiver as necessary to implement the act. (Note: This summary applies to this bill as enacted.) Read More
List of nondeveloped real property - submission to capital development committee - report to general assembly - property tax - modification to administration of existing property tax exemption - certain affordable housing developments. Not later than October 15, 2019, the act requires each state agency and state institution of higher education to submit to the capital development committee (committee) a list of all nondeveloped real property owned by or under the control of the agency or institution. The act defines "nondeveloped real property" to mean unimproved real property that is not otherwise protected for or dedicated to another use such as an access or a conservation easement. Not later than October 15 of each year thereafter, the act requires each agency or institution to submit to the committee any additions or deletions to the list identifying any nondeveloped real property the agency has acquired or disposed of during the preceding state fiscal year. The committee is required to include this information in an annual report published on the website of the general assembly. The division of housing within the department of local affairs (division) is required to provide a link to the report on the division's website. The act exempts the division of parks and wildlife in the department of natural resources from these requirements. On a page on the website maintained by the department of local affairs that is dedicated to the division, the act requires the division to provide a link to the annual report that includes information on nondeveloped real property owned by or under the control of each state agency or institution of higher education. Not later than once annually by December 31 of each year, the division is required to update this link. Under current law, certain property is exempt from the levy and collection of the real property tax if the property is owned by: A nonprofit corporation, the earnings of which do not inure to a private shareholder, and the property is irrevocably dedicated to charitable, religious, or hospital purposes; or A nonprofit corporation that is a general partner of a partnership formed for the purpose of creating or maintaining affordable housing. The statutory provisions that allow for the property tax exemption for a partnership satisfying the requirements of the exemption do not apply if, during a specified compliance period, the partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during the compliance period. If the property tax administrator (administrator) determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to revoke the property tax exemption for the residential property and to levy and collect property tax against the residential property, which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law. For property tax years commencing on or after January 1, 2019, if the administrator determines that income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator is required to either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred. Under the act, the administrator is no longer required in such circumstances to levy and collect property taxes that otherwise would have been levied and collected. (Note: This summary applies to this bill as enacted.) Read More
Species conservation trust fund projects - appropriation - transfers. The act appropriates $3.9 million from the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that state or federal law list as threatened or endangered or that are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service, allocated as follows: Native terrestrial wildlife conservation, $615,500; Native aquatic wildlife conservation, $839,000; Platte river recovery implementation program, $1,940,000; Colorado river basin native fish recovery programs, $205,500; and Federal endangered species act litigation program, $300,000. On July 1, 2019, the act transfers $600,000 from the Colorado water conservation board construction fund to the species conservation trust fund. For the 2019-20 state fiscal year and each of the 4 subsequent state fiscal years, the act transfers $5,000,000 from the severance tax operational fund to the species conservation trust fund. (Note: This summary applies to this bill as enacted.) Read More
