Joint Budget Committee. For providers under the Colorado child care assistance program (CCCAP), the bill requires the state department of human services (department), in consultation with the counties, annually to contract for a market rate study of provider rates for each county. Based on the market rate study and each county's percentage of the total number of children eligible to participate in CCCAP, the department establishes the amount of each county's block grant. The bill allows the department to adjust a county's block grant amount based upon rules promulgated by the department. Under current law, a county is permitted to determine the percentage of the federal poverty level for eligibility in CCCAP for that county. The bill sets the federal poverty level for all counties at 185% but allows the state board of human services to adjust the percentage by rule if required by federal law. The bill adjusts certain periods of eligibility and removes references to preconditions that have been previously met. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
In current law, second degree burglary is a class 4 felony, but it is a class 3 felony under 2 specified circumstances. The bill designates a third type of second degree burglary as a class 3 felony: that is, a burglary, the objective of which is the theft of one or more firearms or ammunition. The bill also states that when a person is convicted of such a burglary, in addition to any other sentence, the court may require the person to pay a fine of at least $5,000 but not exceeding $750,000. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. Manufacturing is currently defined to include the processing of recovered materials. The bill expands the definition of recovered materials to include materials that have been derived from scrap metal or end-of-life-cycle metals for remanufacturing, reuse, or recycling into new metal stock that meets applicable standards for metal commodities sales. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill continues to allow the correctional treatment cash fund to be used to provide treatment for persons with mental and behavioral health disorders who are being served through the jail-based behavioral health services program (program). The program is housed in the office of behavioral health (office). The purpose of the program is to provide adequate staff to complete competency and behavioral health screenings, prescribe psychiatric medications as necessary, and provide mental health counseling, substance use disorder treatment, and transitional care coordination; train jail staff on behavioral health disorders and best practices in working with individuals with mental health, substance use, and co-occurring disorders; and fund administrative costs to jails participating in the program. The office shall prioritize jails with minimal behavioral health services, including rural and frontier jails. Jails that are participating in the program shall, at a minimum: Screen individuals who are being booked into the facility for various behavioral health issues; Provide adequate and appropriate access to health care and medications; Coordinate services with community behavioral health providers prior to the release of an inmate to ensure continuity of care following his or her release from the jail facility; and Track performance outcome measures for individuals affected by the program.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill changes the name of the crime computer crime to cybercrime. The bill makes soliciting, arranging, or offering to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof, a cybercrime. The bill makes stealing the information from a credit card magnetic strip or placing different information on a credit card magnetic strip without permission and with the intent to defraud a cybercrime. The bill makes changes to the penalty structure for cybercrime. The bill makes conforming amendments. The bill appropriates from the general fund to the department of corrections: For the 2019-20 state fiscal year, twenty-two thousand seventy-two dollars; For the 2020-21 state fiscal year, thirty-four thousand six hundred seventy-seven dollars; For the 2021-22 state fiscal year, thirty-nine thousand three hundred thirty-four dollars; and For the 2022-23 state fiscal year, thirty-nine thousand three hundred thirty-four dollars.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Water Resources Review Committee. The bill codifies rules promulgated by the water quality control commission (commission) of the Colorado department of public health and environment concerning allowable uses of reclaimed domestic wastewater, which is wastewater that has been treated for subsequent reuses other than drinking water. Section 3 of the bill defines 3 categories of water quality standards for reclaimed domestic wastewater, sets forth the allowable uses for each water quality standard category, and adds industrial hemp cultivation as an allowable use for reclaimed domestic wastewater when the industrial hemp is not used as a food crop. Section 3 also authorizes the commission to establish new categories of water quality standards and to recategorize any use of reclaimed domestic wastewater to a less stringent category of water quality standard. Section 3 also authorizes the division of administration in the department of public health and environment to grant variances for uses of reclaimed domestic wastewater. Sections 1, 2, and 4 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill clarifies in the Colorado Children's Code and in the 'School Attendance Law of 1963' that a 'delinquent act' does not include truancy or habitual truancy. A child who is habitually truant and who refuses to follow a plan to rehabilitate his or her truancy may be subject to various sanctions by the court in a truancy proceeding. The court shall not sentence a child or youth to detention as a sanction for contempt of court in a truancy proceeding unless it determines such detention is in the best interest of the child or youth as well as the public. In making such a finding, the court is required to consider several factors related to the child or youth, truancy, and the use of detention. A judge or magistrate may issue a warrant authorizing the taking into temporary custody of a child or youth who has failed to appear for a court hearing for a truancy or contempt action. Any such warrant must allow for release of the child or youth from temporary custody on an unsecured personal recognizance bond, cosigned by the child's or youth's parent or legal guardian or, if applicable, a representative of the department of human services. In the alternative, the warrant may, if the court is in session, direct that the child or youth be arrested and taken directly to court for an appearance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the school security disbursement program (disbursement program) in the department of public safety (department). A school district, charter school, institute charter school, or board of cooperative services (local education provider) may apply for a disbursement by submitting an application to the department. A disbursement recipient may use the money for one or more of the purposes specified in the bill, which include building improvements to enhance security and training for school personnel. The department must review the applications received and disburse money to applicants that meet the application requirements. The department must give priority to applicants that commit to providing matching funds for the amount received. The disbursements are paid from money that is set aside in the school security disbursement program account that the bill creates within the school safety resources center fund. Each disbursement recipient must report to the department concerning its use of the money, and the department must annually provide a summary of the reports to committees of the general assembly. The disbursement program is repealed, effective July 1, 2021. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication under the "Colorado Medical Assistance Act" and a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement. (Note: This summary applies to this bill as introduced.) , Read More
The bill repeals the provisions that require limited passive investors to go through an initial background check. The bill repeals the provisions that limit the number of out-of-state direct beneficial owners to 15 persons. The bill repeals the provision that prohibits publicly traded entities from holding a marijuana license. The bill creates two new ownership licenses, controlling beneficial owners and passive beneficial owners, and a new investment type, indirect financial interest holder. The bill gives the state licensing authority rulemaking authority related to the parameters of, qualifications of, disclosure of, requirements for, and suitability for the new license types and investment type. A controlling beneficial owner is a person that is the beneficial owner of 5 percent or more of the securities of a marijuana business; is an affiliate; or is otherwise in a position to exercise control of the marijuana business. A passive beneficial owner is a person that is not an affiliate of a marijuana business, has no control over the marijuana business, and owns less than 5 percent of the securities of a marijuana business. An indirect financial interest holder is a person that is not an affiliate or in a position to exercise control over the marijuana business and that holds a commercially reasonable royalty interest; holds a permitted economic interest issued prior to January 1, 2019, that has not been converted to an ownership interest; or is a contract counterparty that has a direct nexus to the business. An indirect financial interest holder does not require a finding of suitability and does not require a license. The bill requires a person intending to apply to become a controlling beneficial owner or passive beneficial owner to receive a finding of suitability or an exemption from the state licensing authority prior to submitting a marijuana business application. When applying for suitability a person must disclose: all of its officers, directors, and affiliates; all officers, directors, and beneficial owners of more than 5 percent of any of its affiliates; all of its beneficial owners of 5 percent or more, if a publicly traded corporation; and, if not a publicly trade corporation, all of its beneficial owners. The bill also requires a marijuana business or controlling beneficial owner that is a public corporation to comply with various notification, disclosure, notice, and suitability requirements. The bill limits the types of publicly traded corporations that can be marijuana businesses or controlling beneficial owners. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates a sales and use tax exemption for aircraft used or purchased for use in interstate or intrastate commerce by an on-demand air carrier. The bill specifies that a statutory town, city, or county may exempt the same items only by express inclusion of the exemption in its initial sales tax ordinance or resolution or by amendment thereto. The bill requires any special district or other limited purpose governmental entity that is authorized by law to levy sales tax upon all transactions or incidents with respect to which the state levies sales tax to levy a tax on the same items. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Opioid and Other Substance Use Disorders Interim Study Committee. The bill adds residential and inpatient substance use disorder services and medical detoxification services to the Colorado medical assistance program. The benefit is limited to persons who meet nationally recognized, evidence-based level of care criteria for residential and inpatient substance use disorder treatment. The benefit will not be effective until the department of health care policy and financing (department) seeks and receives any federal authorization necessary to secure federal financial participation in the program. Prior to seeking federal approval, the department shall seek input from stakeholders regarding decisions relating to the benefit. The department shall prepare and submit a performance review report to committees of the general assembly concerning services provided under the benefit and the effectiveness of those services. After considering the performance review report, the general assembly may enact legislation modifying or repealing the benefit. If an enhanced residential and inpatient substance use disorder treatment and medical detoxification services benefit becomes available, managed care organizations shall reprioritize the use of money allocated from the marijuana tax cash fund to assist in providing treatment, including residential treatment, to persons who are not otherwise covered by public or private insurance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
