Rep. Alec Garnett

Section 1 of the act repeals the existing statutory criteria for congressional districts. Sections 2 to 13 of the act establish statutory provisions concerning congressional districts established by the new independent congressional redistricting commission (congressional commission) and update the existing statutory provisions related to the independent legislative redistricting commission (legislative commission), including: Stating the general assembly's intent that the congressional commission and legislative commission (commissions) apply the correct federal citation to the "Voting Rights Act of 1965" rather than the incorrect citation contained in the Colorado constitution; Requiring the legislative commission to designate which year an election for each senate district takes place and to specify from which district a new senator is elected when there is a vacancy in a senatorial district; Requiring the commissions to provide maps of the proposed and final congressional and legislative districts to county clerks, the Colorado supreme court, and the secretary of state; Requiring boards of county commissioners to approve new precinct boundaries and to notify the secretary of state and major party chairs of the new precinct boundaries; Specifying how the secretary of state may correct a redistricting plan if an approved plan fails to include property in any district, includes property in more than one district, or splits a residential parcel; Specifying that the boundaries of a district approved in a redistricting plan do not change if there is a change in a county or municipal boundary; and Requiring the secretary of state to provide maps of districts to candidates. Section 14 of the act requires the commissions to use the total population used by the federal census bureau in reapportioning the seats in congress as adjusted by nonpartisan staff to move certain prisoners from being counted in the prison. Section 15 of the act creates separate accounts within the legislative department cash fund (cash fund) for each of the commissions and transfers money from the cash fund to each of the commissions to pay for their work. Sections 16 to 18 of the act make conforming amendments to update the statutes on the redistricting account in the legislative cash fund, the "Colorado Open Records Act", and duties of county commissioners to reflect the congressional and legislative commissions. Sections 19 to 25 of the act contain nonstatutory provisions relating to the commissions as required by the state constitution, including: Appointing nonpartisan staff to assist the commissions; Directing staff to prepare forms for and review applications from persons interested in serving on the commissions and assisting the panels of retired justices and judges who appoint members of the commissions; Assembling the necessary hardware, software, and information necessary for the commissions and nonpartisan staff to redistrict congressional and legislative districts; and Establishing the necessary procedures for the judicial panels, commissions, and nonpartisan staff to receive a per diem and reimbursement of expenses.(Note: This summary applies to this bill as enacted.)

Under current law, the department of public health and environment (department) is charged with making annual sanitary, sewerage, and health inspections of penal institutions. The act defines "penal institutions" and includes in that definition public and private facilities that house noncitizens for civil immigration proceedings. The act specifically authorizes unannounced follow-up inspections by the department. For the 2020-21 fiscal year, the act directs the department to make the annual inspections of facilities that house noncitizens before January 1, 2021, and to submit a report to the governor and specified committees of the general assembly. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies in its sunset review and report of the "Fantasy Contests Act", with modifications, by: Transferring regulatory authority over fantasy contest operators from the director of the division of professions and occupations in the department of regulatory agencies to the director of the division of gaming in the department of revenue; Requiring small fantasy contest operators (i.e., those with 7,500 or fewer active customer accounts in Colorado) to undergo annual audits by an independent third party and submit the results to the department of revenue, as larger operators are currently required to do; and Removing the regulation of fantasy contest operators from the list of programs subject to sunset review, making it permanent as are other programs administered by the division of gaming. The act reduces the fiscal year 2020-21 appropriation to the division of professions and occupations in the department of regulatory agencies by $11,252. (Note: This summary applies to this bill as enacted.)

The act grants active members of the National Guard a free eagle annual pass for entrance into state parks. The parks and wildlife commission may elect not to issue this pass if it does not receive funding from the general assembly to implement this pass. (Note: This summary applies to this bill as enacted.)

Currently, the director of research of the legislative council (director) is required to prepare a fiscal impact statement for every initiative that is submitted to the title board. An abstract of this information is required to be included on a petition section that is circulated for signatures. The act modifies this process by: Requiring the director to prepare a fiscal summary that will appear on a petition section instead of an abstract; Specifying that the fiscal summary must include a description of the measure's fiscal impact, including a preliminary estimate of any change in state and local government revenues, expenditures, taxes, or fiscal liabilities if implemented; Requiring the director to provide the fiscal summary when a measure is submitted to the title board; Requiring the director to only prepare the fiscal impact statement, which will not include an abstract, for those initiated measures for which the secretary of state has approved a petition section; and Requiring the fiscal impact statement to be finished 14 days after the petition section was approved. The act allows a proponent or registered elector to challenge a fiscal summary at a rehearing by the title board and the Colorado supreme court in the same manner as abstracts are challenged. The act requires the secretary of state to notify the director that a petition section for an initiative has been approved. To implement the act, the general fund appropriation made in the annual legislative appropriation act for the 2020-21 state fiscal year to the legislative department for use by legislative council is decreased by $7,865, and the corresponding FTE is decreased by 0.1 FTE. (Note: This summary applies to this bill as enacted.)

The act bars an insurer from using a failure-to-cooperate defense in an action regarding the insurer's request for information from the insured about a claim unless: The insurer has submitted a written request to the insured for the information; The information necessary for litigation is not available to the insurer without the assistance of the insured; The request provides the insured 60 days to respond; The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 60 days, describing, with particularity, the alleged failure to cooperate. A failure-to-cooperate defense acts as a defense to the portion of the claim that is materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim. Any language in an insurance contract that conflicts with the act is void. If an insurer is giving the insured the time to respond or cure under the act, the insurer is not liable for failing to pay the claim while providing the time. (Note: This summary applies to this bill as enacted.)