An entity is not liable for any damages that result from exposure, loss, damage, injury, or death arising out of COVID-19 unless: A claimant proves by clear and convincing evidence that the exposure, loss, damage, injury, or death was caused by the entity's failure to comply with public health guidelines; or The exposure, loss, damage, injury, or death was caused by gross negligence or a willful and wanton act or omission of the entity. The bill is repealed 2 years after the date the governor terminates the state of disaster emergency declared on March 11, 2020. (Note: This summary applies to this bill as introduced.)
The bill specifies that a health order issued by a county, district, or municipal public health agency, public health director, or board of health takes effect within the territory of a county, city and county, or municipality, unless the governing body of the county, city and county, or municipality rejects the order by a majority vote. The bill also allows the governing body of a county, city and county, or municipality to modify a health order issued by a county, district, or municipal public health agency, public health director, or board of health. (Note: This summary applies to this bill as introduced.)
The bill suspends the administration of state assessments, contingent on a change to federal law or a waiver of federal law from the federal department of education, for the following instructional areas for the 2020-21 school year: Science administered to students enrolled in grades 5, 8, and 11; Math administered to students enrolled in grades 3 through 8; English language arts administered to students enrolled in grades 3 through 8; and Social studies administered to students enrolled in grades 4 and 7. The bill prohibits a school district from using student academic growth measures or student performance measures when evaluating teachers and principals for the 2020-21 school year. The bill requires a school or a school district to implement the school plan type that was assigned in the preceding school year. The bill requires the department of education, in determining the number of school years that a school or school district is on performance watch, to exclude the 2019-20 and 2020-21 school years, and count the 2021-22 school year as if it were consecutive to the 2018-19 school year. (Note: This summary applies to this bill as introduced.)
The bill permits the majority of the governing body of any county or municipality by adoption of a resolution, ordinance, law, or rule to abrogate all or any portion of a disaster emergency order applying to the county or municipality that has been issued by the governor under the governor's emergency management powers when the disaster emergency lasts longer than 30 days. Upon the enactment by the governing body of such a resolution, ordinance, law, or rule the order, or any portion of the order, has no legal force and effect within, as applicable, the municipality or within the unincorporated portions of the county where the resolution, ordinance, law, or rule has been approved by the governing body of a county. The bill prohibits the state and any state department, institution, or agency from taking any action against a county or municipality, including without limitation any action resulting in denial of a monetary payment or the provision of any other form of financial assistance in retaliation for action by the governing body of the county or municipality to abrogate the governor's order. The bill requires the governing body of the county or municipality to notify the governor and any affected state departments, institutions, or agencies of the adoption of such resolution, ordinance, law, or rule. (Note: This summary applies to this bill as introduced.)
The Colorado constitution allows a veteran who has a service-connected disability rated as a 100% permanent disability to claim a property tax exemption for 50% of the first $200,000 of actual value of the veteran's owner-occupied primary residence. The concurrent resolution expands eligibility for the exemption to allow veterans with a disability that has been rated as at least a 50% permanent disability to claim the exemption. (Note: This summary applies to this concurrent resolution as introduced.)
The Colorado constitution allows a veteran who has a service-connected disability rated as a 100% permanent disability to claim a property tax exemption for 50% of the first $200,000 of actual value of the veteran's owner-occupied primary residence. The general assembly may enact legislation to raise or lower the $200,000 actual value limit but the 100% permanent disability requirement can only be changed through a constitutional amendment. For property tax years commencing on and after January 1, 2021, the bill increases from $200,000 to $300,000 the maximum amount of actual value of the owner-occupied primary residence of an eligible veteran with a disability of which 50% is exempt from property taxation. If at the 2022 general election the voters of the state approve a proposed constitutional amendment to make more veterans eligible for the exemption by allowing veterans who have a service-connected disability rated as a 50% or greater to claim the exemption, the bill makes a conforming statutory amendment to reflect the expansion of the exemption for property tax years commencing on or after January 1, 2023. (Note: This summary applies to this bill as introduced.)
The bill invalidates any statute, rule, or local ordinance or resolution that limits or prohibits, except as required for safety purposes, the installation in a new or existing home or business any system or appliance that uses natural gas or propane for cooking, hot water, space heating, or electrical generation. (Note: This summary applies to this bill as introduced.)
The bill clarifies that, whenever the state board of health or the Colorado department of public health and environment promulgates a rule, it shall do so by complying with the "State Administrative Procedure Act". The bill also prohibits the state board of health and the Colorado department of public health and environment from issuing an order that has the general applicability of a rule unless the state board of health or the Colorado department of public health and environment issues the order in accordance with the requirements for promulgating a rule, as set forth in the "State Administrative Procedure Act". (Note: This summary applies to this bill as introduced.)
The bill requires that a state agency, in issuing an emergency public health order, comply with the procedural requirements set forth in the "State Administrative Procedure Act" (APA) that apply to emergency rules. To extend an emergency public health order beyond the 120-day limit that applies to emergency rules, the agency must comply with the rule-making procedures regarding notice and a hearing, as set forth in the APA.(Note: This summary applies to this bill as introduced.)
The bill defines "backcountry search and rescue" as the utilization, training, and support of responders, with their specialized equipment, to locate, provide assistance to, and remove to safety individuals who are lost, injured, stranded, or entrapped, generally in remote areas of the state. The department of natural resources (department) must conduct a study and develop recommendations on the issues related to backcountry search and rescue, including coordination among the local, state, and nonprofit organizations involved in backcountry search and rescue, the adequacy of resources and benefits available to volunteers who provide backcountry search and rescue services, the funding needs for equipment and reimbursement, and the needs for volunteer training and public education. The department must also, subject to available appropriations, conduct outreach and training related to the physical and psychological support needs of backcountry search and rescue volunteers, which may include working with consultants, providing programs, or creating a grant program for local governments or nonprofit organizations providing backcountry search and rescue. The bill makes conforming amendments related to the definition of "backcountry search and rescue".(Note: This summary applies to this bill as introduced.)
The bill establishes the water storage tank wildfire mitigation grant program (grant program) within the forest service. Grant recipients may use grant money to purchase water storage tanks for wildfire firefighting efforts. The grant program only awards grants to entities that are an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit or not-for-profit organization that is registered and in good standing with the secretary of state's office. In awarding grants, the forest service considers the potential impact of additional water storage tanks in the applicant's jurisdiction or area. Grant recipients are required to report to the forest service, and the forest service is required to annually report on the grant program to the wildfire matters review committee. The bill also creates the water storage tank wildfire mitigation cash fund. Money in the fund is used to implement the grant program. The general assembly is required to transfer $5 million into the fund beginning September 1, 2021, through and including the 2024-25 fiscal year. (Note: This summary applies to this bill as introduced.)
The bill: Prohibits an employer from requiring union membership or payment of union dues as a condition of employment; Creates civil and criminal penalties for employer violations regarding union membership and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation; and States that all-union agreements are unfair labor practices.(Note: This summary applies to this bill as introduced.)
