Rep. Tony Exum, Sr.

The act implements the recommendations of the department of regulatory agencies' sunset review and report on the education data advisory committee (EDAC) by continuing the committee indefinitely. EDAC is granted authority to designate whether a data reporting request is mandatory, required to achieve a benefit, or voluntary. If there is a difference in designation between EDAC's determination and that of the department of education, the state board of education will hold a public hearing on the issue. (Note: This summary applies to this bill as enacted.)

The act requires that before a person conducts a controlled burn, the person must provide notice in accordance with any local rules and regulations and if there are no local rules and regulations, then the notice is provided to the local dispatch center, the county sheriff, and where applicable to the fire department (defined to include a fire protection district as well as a county, municipality, or metropolitan district or county improvement district that provides fire protection). The act also defines "controlled burn" to include specific types of burns that are intentionally started on private property that is not classified as agricultural land. The act requires the state treasurer to transfer $100,000 from the general fund to the local firefighter safety and disease prevention fund for need-based grants to volunteer fire departments. (Note: This summary applies to this bill as enacted.)

The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program (grant program), administered by the division of housing (division) in the department of local affairs (department). The grant program provides grants to local governments and nonprofit organizations to enable those entities to make investments and improvements in their communities or regions of the state to address and respond to the needs of people experiencing homelessness. The act requires the division to develop policies, procedures, and guidelines governing the administration of the grant program. The act specifies how grant funding is to be awarded and the eligible uses of grant money awarded under the grant program. The act specifies requirements for grant recipients. The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund (fund) in the department. The act specifies requirements pertaining to the administration of the fund. The act requires a transfer of $105 million from the economic recovery and relief cash fund to the fund to administer the grant program. The act allows for up to $5 million of the money appropriated to the fund to be used for data collection and outreach efforts. The act sets forth specified reporting requirements pertaining to the grant program. The act requires the department, in conjunction with the department of health care policy and financing, to report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, and to its committee of reference during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, any results, recommendations, and federal implications concerning any supportive housing pilot program currently being administered by the department in conjunction with the department of health care policy and financing. The act requires the division to report on the activities of the grant program as part of the regular annual public report prepared by the division on affordable and emergency housing spending. The act appropriates $9,218 to the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)

The act creates the teen parent driver's license program (program) in the department of human services (department) to provide financial assistance for the cost of driver's education school training for eligible individuals and the cost to obtain a driver's license or permit. A person is eligible for the program if the person is a parent and 15 years of age or older and under 21 years of age. The department must solicit interest and cost distribution proposals from teen parent organizations to administer the program. The department must annual report on: The total number of teen parent organizations contracted with the department; The total amount of money awarded to each teen parent organization; The location of each teen parent organization and the counties served; The total number of eligible individuals who received driver's licenses each year, disaggregated by each month; and The total number of eligible individuals who received training from a driver's education school, disaggregated by each month. The act appropriates $100,000 from the general fund to the department of human services for use by the office of economic security to implement the act. (Note: This summary applies to this bill as enacted.)

The act creates the Delta Sigma Theta Sorority special license plate for motor vehicles. An applicant qualifies for issuance of the license plate if the applicant is a member of the sorority and pays all required taxes and fees. In addition to the standard motor vehicle fees, the applicant must pay 2 one-time fees of $25 for issuance of the license plate. One fee is credited to the highway users tax fund and the other to the licensing services cash fund. For the 2022-23 state fiscal year, $27,437 is appropriated for use by the division of motor vehicles in the department of revenue (department) to implement the act, of which amount $2,129 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)

If the state exceeds its constitutional spending limit, then it is required by the Taxpayer's Bill of Rights (TABOR) to refund the excess state revenues (TABOR refunds). There are currently 3 TABOR refund mechanisms: Reimbursement to counties for the senior homestead exemption, a temporary income tax rate reduction, and a sales tax refund. The act establishes a temporary fourth TABOR refund mechanism for excess state revenues from all sources for state fiscal year 2021-22. Under this mechanism, if the amount of excess state revenues exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the senior homestead exemption and, if applicable, through the temporary income tax rate reduction, then on or before September 30, 2022, the department of revenue is required to issue refund checks to every qualified individual in an identical amount; except that, for qualified individuals who were granted an extension to file a state income tax return and timely file the state income tax return, the refund checks must be issued on or before January 31, 2023. The refund amount is $400 for every qualified individual who files a single income tax return or who applies for a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who apply for a property tax, rent, or heat credit rebate; except that: If the anticipated aggregate amount of the refund plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction is estimated to refund less than 85% of the total amount of excess state revenues, then the executive director of the department of revenue must increase the refund amount so that the aggregate amount refunded is approximately equal to 85% of the total excess state revenues inclusive of amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction; and If the anticipated aggregate amount of the refund, plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction, is estimated to refund more than 87% of the total excess state revenues, then the executive director of the department of revenue may decrease the refund, to avoid an over-refund, to an amount less than $400 for every qualified individual who files a single income tax return or who receives a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who receive a property tax, rent, or heat credit rebate. Any increase or decrease to the refund amount must be rounded to the nearest fifty dollar increment and must maintain an equal temporary refund for every qualified individual that is doubled for each pair of qualified individuals filing a joint return or applying jointly for a property tax, rent, or heat credit rebate. "Qualified individual" is defined for purposes of the act as a natural person who is at least 18 years of age on or before December 31, 2021, is a Colorado resident for the entire 2021income tax year, and files a state income tax return for the 2021 income tax year or applies for a property tax, rent, or heat credit rebate. $2,578,995 is appropriated from the general fund to the department of revenue to implement the temporary TABOR refund mechanism and $1,715,635 of that appropriation is reappropriated to the department of personnel to provide related document management services for the department of revenue. (Note: This summary applies to this bill as enacted.)

The act creates the school security disbursement program cash fund (cash fund). The department of public safety (department) may disburse money from the cash fund to school districts, charter schools, and boards of cooperative services to improve security within public schools. The act appropriates $6 million from the general fund to the cash fund. The act continues the temporary youth mental health services program and the bi-annual reporting requirements until June 30, 2024, and appropriates $6 million from the behavioral and mental health cash fund to the department of human services for the program. The act appropriates $2 million from the behavioral and mental health cash fund to the department of education for the behavioral health care professional matching grant program. Provisions of the act creating the school security disbursement program cash fund are contingent upon House Bill 22-1120, which recreates the school security disbursement program, becoming law. (Note: This summary applies to this bill as enacted.)

Colorado law regulates the manufacturers, sellers, and installers of manufactured homes. This regulation includes requirements for the installation of manufactured homes, contract and disclosure requirements, and the registration, escrow, reimbursement, bonding, and inspections of the manufacturers, installers, and sellers. In addition, the state housing board (board) sets standards for the proper manufacture and installation of manufactured homes. The board consults with an advisory committee when promulgating rules. The act adds tiny homes, which are typically manufactured, to this regulation on substantially similar terms. This includes adding 2 representatives of the tiny home industry to the advisory committee. The board is given the duty to regulate foundations for manufactured homes, tiny homes, and factory-built structures where no construction standards otherwise exist. Manufacturers are required to meet bonding and escrow requirements, and standards are set for payment from the bond or escrow account. In addition to adding tiny homes to these provisions, the act addresses tiny home regulation in the following manner: The board must promulgate rules establishing specific standards for tiny homes. When a national or international standard is created, the board may use that standard. The board may modify these standards as necessary. The board must establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity; A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service; A state plumbing inspector or a local government may approve the connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service; and Standards are set for promulgating rules governing tiny homes. If a tiny home is approved for connection to utilities through the process described above, the tiny home may be connected to the appropriate utilities. Current law governing the connection to each utility is amended to avoid conflicts with the process established in the act. Selling or installing a tiny home without complying with the act is declared a deceptive trade practice, which subjects a violator to damages in a lawsuit and civil penalties of: Up to $20,000 per violation; Up to $10,000 for violating a court order or injunction; and Up to $50,000 per violation if the victim is an elderly person. Colorado law regulates mobile home parks, including notice requirements, lease termination limits and requirements, security deposit regulations, entry fee prohibitions, antitrust prohibitions, selling fee prohibitions, kickback prohibitions, retaliation prohibitions, regulation of how and if park rules are established, a right of first refusal when the owner wants to sell the mobile home park, a peaceful enjoyment right, and remedy provisions. The act includes tiny homes under these provisions. Colorado law exempts manufactured homes from sales and use tax. The act adds tiny homes to this exemption. Tiny homes are classified as residential improvements for the purpose of property tax, which means the landowner will pay the lower residential tax rates on land that has a tiny home. To implement the act, $227,612 is appropriated from the general fund to the department of local affairs and $86,946 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)

The act: Expands the definition of "service provider" in the employment support and job retention services program (program) to include faith-based organizations and churches, community centers, neighborhood organizations, food banks, outreach providers, and local entities that provide employment services to community members; Modifies the eligibility criteria for receiving services and the list of reimbursable services under the program; Appropriates $250,000 annually from the general fund to the employment support and job retention services program cash fund; Extends the program until September 1, 2029; and Modifies the current reporting requirements to require the division of employment and training in the department of labor and employment to report on the efficacy of the program during the department's presentations at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.(Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the department of regulatory agencies in its sunset review and report on the second chance scholarship program by repealing the program. (Note: This summary applies to this bill as enacted.)