During the first regular session of the seventy-second general assembly, the Senate passed House Bill 19-1005 on third reading on May 3, 2019, and the governor signed the bill on May 13, 2019. Because of an amendment to the effective date clause, the bill never took effect. The bill was introduced with a standard act-subject-to-petition clause (ASP clause), meaning the bill would have taken effect on August 2, 2019, unless a referendum petition was filed against the bill. However, on April 26, 2019, the House Appropriations Committee adopted an amendment (L.010) that added an exception to the ASP clause. The amendment specified that "If the voters at the November 2019 statewide election do not approve a measure . . ., then this act takes effect on the date of the official declaration of the vote thereon by the governor." When L.010 was adopted, House Bill 19-1333 was being considered. House Bill 19-1333 created a ballot issue that, if approved by voters, would have allowed the state to increase the cigarette tax and increase the tobacco products tax, would have allowed the state to create a new tax on nicotine products, and would have used a significant portion of the tax revenue for preschool programs and expanded learning opportunities. The concept behind L.010 was that if the ballot issue obtained voter approval, then the tax credit for early childhood educators would not be necessary. However, on May 2, 2019, the Senate postponed House Bill 19-1333 indefinitely during second reading. Since House Bill 19-1333 never passed, voters were never given an opportunity to approve the ballot issue, and the governor never had an opportunity to declare a vote on it. Consequently, because of the way L.010 was written, House Bill 19-1005 never took effect. In order to give effect to the intent of the general assembly and the governor in approving House Bill 19-1005, the exception to the effective date needs to be repealed. (Note: This summary applies to this bill as introduced.)
The bill requires the center of excellence for advanced technology aerial firefighting (center of excellence) in the division of fire prevention and control in the department of public safety to establish a remote camera technology pilot program. The center of excellence must acquire or contract for a system of remote pan-tilt-zoom cameras and associated tools to provide a live feed of information that can detect, locate, and confirm ignition in the wildland-urban interface. The center of excellence must report to the wildfire matters review committee on the system's effectiveness and potential for more widespread use in the state.(Note: This summary applies to this bill as introduced.)
Investor-owned Utility Review Interim Study Committee. The bill declares that the concept of "community choice energy" (CCE), under which a community may choose to purchase electricity at wholesale through a supplier other than the local investor-owned electric utility, has the potential to enable communities to meet their renewable energy goals and save money without disrupting the local utility's current status as sole supplier of transmission, distribution, and customer service functions. To lay the groundwork for potential adoption of CCE in Colorado, the bill proposes 2 studies: A feasibility study, conducted by an independent energy expert under the guidance of the public utilities commission (PUC), to examine the financial and technical requirements that would need to be met for CCE to be viable and beneficial; and An investigatory proceeding at the PUC, inviting testimony and documentation from persons with firsthand knowledge of utility operations, CCE, or both, including regulators from other states in which CCE has been implemented. The goal of the investigation is to identify best practices and recommend legislative changes that would allow CCE to function well in Colorado if adopted. The bill directs that reports of the results of the feasibility study and the investigatory docket be given to the legislative committees with jurisdiction over energy matters in late 2020. (Note: This summary applies to this bill as introduced.)
The Legislative Oversight Committee Concerning the Treatment of Persons With Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes and expands programs within the division of housing in the department of local affairs (division) to build the capacity of communities across the state to provide supportive housing services to individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system, including: Expanding statewide training and technical assistance to help communities develop and implement supportive housing programs for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The program must be targeted to communities that currently face barriers to accessing existing state and federal funding for supportive housing programs. Establishing a predevelopment grant program that provides funding to entities working to develop supportive housing interventions for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The grant money can be used to add new or additional staff capacity to allow the development and implementation of such programs. The division is required to prioritize applicants that will serve rural or frontier communities and to provide hands-on technical assistance to grant recipients. Establishing a supportive housing services and homelessness prevention grant program. Grant money can be used to cover the costs of providing supportive housing services that are currently not eligible for reimbursement through the state's medical assistance program. It can also be used to fund homelessness prevention projects for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The division is required to prioritize applicants that will serve rural or frontier communities and provide hands-on technical assistance to grant recipients. Developing a plan to increase participation in regional homeless data systems, support accurate data reporting, and assess housing-related needs. The program must work with regional continuums of care to evaluate how to increase participation in data systems in communities across the state, identify technical needs and associated costs for doing so, and work with communities and stakeholders to integrate or develop an integrated user interface for various data systems related to housing and supportive services. It must also enhance information about best practices and training materials available to communities across the state.(Note: This summary applies to this bill as introduced.)
Wildfire Matters Review Committee. The bill establishes the wildfire mitigation resources and best practices grant program (grant program) within the division of local government in the department of local affairs. Grant recipients use grant money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. The grant program only awards grants to applicants conducting outreach to landowners in high wildfire hazard areas and prioritizes applications based on the potential impact of the applicant's proposed outreach. The bill also extends the increased wildfire mitigation income tax deduction that allows a landowner to claim 100%, rather than 50%, of the costs they incur in performing wildfire mitigation measures. (Note: This summary applies to this bill as introduced.)
The bill requires the department of health care policy and financing (department) to create and implement an expedited provider enrollment approval process and an expedited review of qualifications for transportation service providers for medicaid waiver recipients (providers) no later than July 1, 2021. The bill requires the department to engage in a stakeholder process to develop a report that identifies barriers and potential solutions to medicaid waiver recipients accessing transportation services within the long-term support and services system and to submit the report to specified committees of the general assembly no later than January 15, 2021.(Note: This summary applies to this bill as introduced.)
The bill requires the department of health care policy and financing to reimburse federally qualified health centers (FQHCs) for telemedicine services and clinical pharmacy services provided to medicaid recipients.(Note: This summary applies to this bill as introduced.)
Not later than December 31, 2020, the bill requires each state agency, state institution of higher education, and political subdivision of the state to submit to the office of the state architect (office) a list of all usable real property owned by or under the control of the agency, institution, or political subdivision of the state. This list must include, if applicable: The address where the real property is located; The size of the real property; How the real property is zoned; Contact information for the state agency, institution, or political subdivision of the state that owns or controls the real property; The plan, if one is available, for the use, development, or sale of the real property; and A description that includes the condition of the real property and a measurement of total area of the real property that is vacant, unused, or underdeveloped. Not later than December 31 of each subsequent year, each state agency, state institution, and political subdivision of the state must submit to the office any updates to the information the agency, institution, or political subdivision of the state originally submitted to the office about the usable real property the agency, institution, or political subdivision of the state owns or controls. Beginning July 1, 2021, whenever any state agency, state institution of higher education, or political subdivision of the state plans to offer any usable real property for sale, or otherwise plans to solicit any offer to purchase real property, the agency, institution, or political subdivision of the state shall notify the office. Not later than July 1, 2021, the office must establish and maintain a current database that includes the information listed above. This database must be available free of charge to the public on the office's website. (Note: This summary applies to this bill as introduced.)
Beginning in the 2020-21 budget year, the bill allows a school district, a board of cooperative services, a charter school, or the state charter school institute (local education provider) that operates a pathways in technology early college high school (p-tech school) to apply to the department of education (department) for reimbursement for the amount of tuition and fees and the costs of books and materials incurred in enrolling p-tech school students in postsecondary courses. The amount of the reimbursement is based on the average of the in-state tuition for local district colleges or community colleges, depending on the type of institution that provides the course, and is payable only for each successfully completed course credit hour. The state board of education must promulgate rules to implement the reimbursements. For the 2020-21 budget year and each budget year thereafter, the general assembly is directed to appropriate at least $2 million for the amount of the reimbursements. As part of the annual budget preparation process, the department will report the actual amount reimbursed and the amount expected to be reimbursed in the current and future budget years.(Note: This summary applies to this bill as introduced.)
The bill prohibits carriers from inducing, incentivizing, or otherwise requiring: A health care provider to collect any coinsurance, copayment, or deductible directly from a covered person or the covered person's responsible party; or A covered person to pay any coinsurance, copayment, or deductible directly to a health care provider. The carrier is required to collect any cost-sharing amounts owed by a covered person directly from the covered person in one consolidated bill. (Note: This summary applies to this bill as introduced.)
Under existing law, there is a presumptive range of fines for traffic misdemeanors and traffic infractions (traffic offenses) and there are specified fines and surcharges for certain traffic offenses. The bill increases the presumptive ranges of fines for traffic offenses and increases specified fines and surcharges for certain traffic offenses. The bill requires that 25% of the fine collected for a traffic misdemeanor and 50% of the fine collected for a traffic infraction be transmitted to the county in which the violation occurs. Counties are permitted to use the money for traffic safety improvements, traffic enforcement, prosecution of traffic violations, or any other use consistent with the state constitution. Under existing law, driving without a valid driver's license or instruction permit or driving a vehicle for which a person has not been issued the correct type or class of license is a class 2 traffic misdemeanor. The bill reclassifies those offenses as class A traffic infractions. Under existing law, operating or permitting the operation of a motor vehicle or low-power scooter without an insurance policy in effect or failing to present evidence of insurance following an accident or when asked to do so by a peace officer is a class 1 traffic misdemeanor. The bill reclassifies a first violation of each of those offenses as a class A traffic infraction punishable by a $500 fine. A court must reduce the fine to $250 upon a showing that the person has appropriate insurance. A second or subsequent violation within 5 years remains a class 1 traffic misdemeanor and is punishable by a $1,000 fine that may not be reduced by the court. (Note: This summary applies to this bill as introduced.)
Current law requires certain commercial pesticide applicators to be licensed or registered. The bill requires the commissioner of agriculture (commissioner) to notify such a regulated person within 24 hours after the commissioner or department of agriculture receives a complaint about the person. The notice must include the alleged facts and any statute or rule the person is alleged to have violated. If the notice is not provided: The commissioner is prohibited from suspending or revoking the person's license or registration, or imposing civil penalties; and The person is immune from a criminal prosecution based on the facts alleged in the complaint. The bill also requires the following proceedings to be brought within one year after the occurrence of the facts upon which they are based: A proceeding to discipline a licensee or registrant; A proceeding to impose civil penalties, not including failing to obtain the required license or registration; or A criminal prosecution, not including failing to obtain the required license or registration.(Note: This summary applies to this bill as introduced.)
