The act renames the existing "health disparities grant program" as the "health disparities and community grant program" (program) and expands the program to authorize the office of health equity (office) to:Award grants from money currently transferred from the prevention, early detection, and treatment fund to the health disparities grant program fund (fund) for the purpose of positively affecting social determinants of health to reduce the risk of future disease and exacerbating health disparities in underrepresented populations; and Award grants from any additional money appropriated by the general assembly to the fund to community organizations to reduce health disparities in underrepresented communities through policy and systems changes regarding the social determinants of health. On or before July 1, 2022, and continuing every 2 years thereafter, the department of public health and environment (department), in collaboration with the health equity commission and other stakeholders, is required to conduct an assessment and publish a report concerning health disparities and inequities that includes an assessment of the impact of social determinants of health on health disparities and inequities and recommended strategies to begin to address such inequities.Within 6 months after the publication of the department's first report, the governor is required to convene the health equity commission to develop an equity strategic plan and to ensure that there is coordination in equity-related work across state agencies to address the social determinants of health. Additional state agencies are added to and required to participate on the commission and are required to develop an equity strategic plan in the agency's respective area.$4,872,818 is appropriated to the department for use by the office of health equity to implement the act. Of the total amount appropriated, $4,821,035 is from the general fund and $51,783 is from the health disparities grant program fund.(Note: This summary applies to this bill as enacted.)
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Beginning July 1, 2021, the act prohibits an employer from paying an employee whose earning capacity is impaired by age, physical or mental disability, or injury less than minimum wage if the employer does not hold a special certificate issued on or before June 30, 2021, by the United States department of labor that authorizes the employer to pay wages below minimum wage to those employees. The act phases out subminimum wage employment for employers that hold a special certificate and by June 30, 2022, requires each employer that holds a special certificate to submit a transition plan to the department of health care policy and financing (department) detailing how the employer plans to phase out subminimum wage employment by July 1, 2025. On and after July 1, 2025, an employer is prohibited from paying an employee with a disability less than minimum wage regardless of whether the employer was issued a special certificate.The act requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to:Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and Report the recommendations to specified committees of the general assembly. The act also continues operation of the partnership, which was scheduled to repeal on July 1, 2021, indefinitely.The act requires the department to seek federal approval to add employment-related services for individuals with intellectual and developmental disabilities under the state's medicaid waiver services.$90,691 is appropriated to the department to implement the act. The department also expects to receive $409,885 in federal funds to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires the secretary of state (secretary) and county clerk and recorders (county clerk) of certain counties to provide multilingual ballot access.The secretary is required to establish a multilingual ballot hotline (hotline) to provide access to qualified translators or interpreters in each of the languages in the state that has at least 2,000 citizens age 18 years or older who speak English less than very well and who speak a shared minority language at home, and in any additional languages the secretary determines by rules is necessary to assist electors in translating ballot language. The secretary is required to establish the hotline for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter. The act specifies when the hotline must be available during voting periods. The secretary is also required to:Provide notice of the hotline to electors through election day; Ensure that the translators who provide translations for the multilingual hotline are qualified translators or interpreters; and Promulgate rules as may be necessary to create and administer the hotline. The county clerk of any county that satisfies specified criteria is required to create, in coordination with the secretary, a minority language sample ballot (sample ballot) in any minority language spoken in the county that satisfies the following:The minority language is spoken by at least 2,000 citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home; or The minority language is spoken by at least 2.5% of citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home. The act specifies that the sample ballot must include all of the same content that is on the English language ballot and also specifies the format of the sample ballot. In addition, the act requires that the sample ballots be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.The county clerk of any county that satisfies specified criteria is required to provide, upon the request of an elector, an in-person minority language ballot (in-person ballot) in any minority language spoken in the county that satisfies the same criteria specified for sample ballots. An in-person ballot can be a ballot on demand, a ballot from a printed stock of ballots, or a ballot via an electronic voting device.The act specifies that the in-person ballot must include all of the same content that is on the English language ballot and specifies that in-person ballots are required to be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.The secretary is required to determine, pursuant to specified criteria, which counties in the state are required to provide multilingual ballot access by creating a sample ballot and providing an in-person ballot, and to notify the county clerk of any county that is required to provide such multilingual ballot access.Legislative council staff is required to provide to the secretary a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary is required to provide each county clerk that is required to provide multilingual ballot access with a translation in the applicable minority language or languages of all content that is certified to the county clerks by the secretary of state for use by the county clerk in creating the multilingual ballot access.For the 2021-22 state fiscal year, $82,800 is appropriated from the department of state cash fund to the department of state for use by the information technology division to implement the act.(Note: This summary applies to this bill as enacted.)
The act:Prohibits an agricultural employer from retaliating against any person, including an agricultural employee who is asserting protected rights, and allows an aggrieved person to assert a claim in district court or with the division of labor standards and statistics (division) in the department of labor and employment for alleged retaliation; Removes the exemption of agricultural employers and employees from the Colorado "Labor Peace Act" and authorizes agricultural employees to organize and join labor unions; engage in protected, concerted activity; and engage in collective bargaining; Removes the exemption of agricultural labor from state and local minimum wage laws; Establishes a separate minimum wage for agricultural employees engaged in the range production of livestock on the open range; Requires the director of the division to promulgate rules to establish the overtime pay of agricultural employees, to implement procedures concerning retaliation claims, to ensure access to key service providers, and for overwork protections for agricultural workers; Grants agricultural employees meal breaks and rest periods throughout each work period, consistent with protections for other employees; Requires agricultural employers to provide agricultural employees with access and transportation to key service providers; Authorizes agricultural employees to have visitors at employer-provided housing without interference from other persons; Requires agricultural employers to provide overwork and health protections to agricultural employees; Prohibits the use of the short-handled for agricultural labor except in specific circumstances; During a public health emergency, requires an agricultural employer to provide extra protections and increased safety precautions for agricultural employees; Creates rights, remedies, and enforcement actions for aggrieved agricultural employees, whistleblowers, and key service providers; and Creates the agricultural work advisory committee to study and analyze agricultural wages and working conditions. $474,657 is appropriated from the employment support fund to the department of labor and employment to implement the act, of which amount $38, 282 is reappropriated to the department of law to provide legal services to the department of labor and employment. Additionally, $193,882 is appropriated from the general fund to the department of agriculture for use by the plant industry division to implement the act.(Note: This summary applies to this bill as enacted.)
The act addresses the following items related to landlord and tenant rights in residential rental agreements:After a complaint is filed by a landlord, the clerk of the court or the attorney for the plaintiff shall issue a summons, including information concerning filing an answer and legal aid. A court shall not enter a default writ of restitution before the close of business on the date upon which an appearance is due. Provides additional details regarding the defendant's answer, including that a defendant does not waive any defense related to proper notice by filing an answer; that the court shall set a date for trial no sooner than 7, but not more than 10, days after the answer is filed, unless the defendant agrees to waive this provision and schedule the trial for an earlier date, except that a court may extend beyond 10 days if either party demonstrates good cause for an extension or if the court otherwise finds justification for the extension. In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any relevant documentation that either party requests. A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full amount due according to the notice, as well as any rent due under the rental agreement, at any time until a court has ordered a writ of restitution; Eliminates the bond requirement for the warranty of habitability and allows the tenant to assert an alleged breach of the warranty of habitability as an affirmative defense;Establishes allowable court procedures and remedies in cases of an alleged breach of warranty of habitability; Bans unreasonable liquidated damage clauses that assign a cost to a party stemming from a rental violation or an eviction action; Prohibits rental agreements that contain one-way fee-shifting clauses that award attorney fees and court costs only to one party; and The act prohibits a landlord of a mobile home park or a residential premises (landlord) from:Charging a tenant or mobile home owner (tenant) a late fee for late payment of rent unless the rent payment is late by at least 7 calendar days; Charging a tenant a late fee in an amount that exceeds the greater of: $50; or 5% of the amount of the rent obligation that remains past due; Requiring a tenant to pay a late fee unless the late fee is disclosed in the rental agreement; Removing, excluding, or initiating eviction procedures against a tenant solely as a result of the tenant's failure to pay one or more late fees; Terminating a tenancy or other estate at will or a lease in a mobile home park because the tenant fails to pay one or more late fees to the landlord; Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant, is responsible for paying; Imposing a late fee more than once for each late payment; Requiring a tenant to pay interest on late fees; Recouping any amount of a late fee from a rent payment made by a tenant; or Charging a tenant a late fee unless the landlord provided the tenant written notice of the late fee within 180 days after the date upon which the rent payment was due. A landlord who commits a violation must pay a $50 penalty to an aggrieved tenant for each violation. Otherwise, a landlord who commits a violation has 7 days to cure the violation, which 7 days begins when the landlord receives notice of the violation. If a landlord fails to timely cure a violation, the tenant may bring a civil action to seek one or more of the following remedies:Compensatory damages for injury or loss suffered; A penalty of at least $150 but not more than $1,000 for each violation, payable to the tenant; Costs, including reasonable attorney fees if the tenant is the prevailing party; and Other equitable relief the court finds appropriate. In an action for possession or collection based upon nonpayment of rent, the tenant may assert, as an affirmative defense the landlord's alleged breach of the warranty of habitability, provided that the landlord had previously received notice of the alleged breach of the warranty of habitability. If a county or district court is satisfied that the defendant is unable to deposit the amount of rent specified into the registry of the court because the defendant is found to be indigent, as described in the act, the defendant shall not be required to deposit any amounts to raise warranty of habitability claims as an affirmative defense and the claim will be perfected.For the 2021-22 state fiscal year, the act appropriates $15,756 to the judicial department. This appropriation is from the general fund and is based on an assumption that the department will require an additional 0.2 FTE. To implement this act, the department may use this appropriation for trial court programs.(Note: This summary applies to this bill as enacted.)
The act requires the Colorado school of public health to do a systematic review of the scientific research related to the possible physical and mental health effects of high-potency THC marijuana and concentrates using only funding provided by the general assembly. The act creates a scientific review council (council) to review the report and make recommendations to the general assembly. Based on the research and findings, the Colorado school of public health shall produce a public education campaign for the general public, to be approved by the council, regarding the effect of high-potency THC marijuana on the developing brain and mental health.Current law requires a doctor to conduct a full assessment of the patient's medical history when making a medical marijuana recommendation. The act requires that assessment to include the patient's mental health history. If the recommending physician is not the patient's primary care physician, the act directs the recommending physician to review the records of a diagnosing physician or licensed mental health provider. When a practitioner makes a medical marijuana authorization, the practitioner must certify that authorization to the department of public health and environment (department). The act requires the certification to include:The date of issue and the effective date of the recommendation; The patient's name and address; The recommending physician's name, address, and federal drug enforcement agency number; The maximum THC potency level of medical marijuana being recommended; The recommended product, if any; The daily authorized quantity, if the quantity exceeds the maximum statutorily allowed amount for the patient's age; Directions for use; and The recommending physician's signature. The act prohibits a physician for charging an additional fee for recommending an extended plant count or making a recommendation related to an exception to a medical marijuana requirement. The act directs the department to annually report on the number of physicians who made medical marijuana recommendations in the past year, how many recommendations each physician made, and the number of homebound patients ages 18 to 20 years old in the registry.The act imposes the following requirements on medical marijuana patients ages 18 to 20 years old:Two physicians from different medical practices have to diagnose the patient as having a debilitating or disabling medical condition after an in-person consultation; One of the physicians must explain the possible risks and benefits of the medical use of marijuana to the patient; One physician must provide the patient with the written documentation specifying that the patient has been diagnosed with a debilitating or disabling medical condition and the physician has concluded that the patient might benefit from the medical use of marijuana; and The patient attends follow-up appointments every 6 months after the initial visit with one of the physicians unless the patient is homebound. The act requires the department to create a report from emergency room and hospital discharge data of patients who presented with conditions or a diagnosis that reflects marijuana use and provide that report at the department's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.The act directs the association representing coroners to establish a working group to study methods to test for all scheduled drugs and the presence and quantity of THC in each case of a non-natural death and make recommendations by July 1, 2022. The recommendation must be reported to the house of representatives health and insurance committee and the senate health and human services committee, or their successor committees. Beginning January 1, 2022, the act requires the coroner in each case of a non-natural death to complete a toxicology screen. The coroner shall report the results of the toxicology screen to the Colorado violent death reporting system. The department then produces an annual report of the data beginning January 2, 2023, and annually each year thereafter.The act prohibits medical marijuana advertising that is specifically directed to persons ages 18 to 20 years old and requires medical and retail marijuana concentrate advertising to include a warning regarding the risks of medical marijuana concentrate overconsumption.A medical marijuana store and retail marijuana store shall provide a patient with a tangible education resource regarding the use of medical or retail marijuana concentrate when selling concentrate.The act requires medical marijuana stores to immediately record transactions in the seed-to-sale inventory tracking system to allow the system to:Continuously monitor entry of patient data to identify discrepancies with daily purchase limits and potency authorizations; Access and retrieve real-time sales data based on patient identification number; and Respond with a user error message if a sale to a patient or caregiver will exceed the patient's allowed purchase limit for that business day or potency authorization. The data collected is confidential and shall not be shared with anyone except when necessary to complete a sale.The act limits the amount of medical marijuana concentrate that a patient can purchase in one day to 8 grams, unless the patient is 18 to 20 years old then the limit is 2 grams, except in the case of a homebound patient, if the patient's certification states that the patient needs more than 8 grams or 2 grams respectively. The limit does not apply to medical marijuana patients if it would be a significant physical or geographic hardship for the patient to make a daily purchase or if the patient had a registry identification card prior to being 18 years old.The act limits the amount of retail marijuana concentrate that a patient can purchase in one day to 8 grams.The marijuana enforcement division shall convene a stakeholder work group to develop and complete by January 1, 2022:A uniform certification form to be used by recommending physicians when authorizing the patient to purchase more than the statutorily allowed quantities, as required by section 25-1.5-106 (5), Colorado Revised Statutes, which may be relied upon by medical marijuana stores. The form must contain a uniform weight and uniform potency description to enable a medical marijuana store to fulfill its obligations without the need to make a further calculation or examine other documents. The form shall not contain any information concerning the patient's medical condition or diagnosis. A tangible educational resource regarding the use of regulated marijuana concentrate. For the 2021-22 state fiscal year, the act appropriates:$4,000,000 from the marijuana tax cash fund to the department of higher education for use by the Colorado school of public health and any unexpended money from the appropriation is further appropriated to the department for the same purpose; $541,826 to the department of public health and environment for use by the center for health and environmental information: $265,656 of the appropriation is from the general fund and is $276,170 from the medical marijuana program cash fund; $50,000 from the general fund to the department of public health and environment for use by disease control and public health response; $255,167 from the marijuana cash fund to the department of revenue to implement the act; $95,706 and allocates 0.5 FTE to the department of law from reappropriated funds from the department of revenue; and $2,000,000 from the first time drunk driving offender account to the department of transportation.(Note: This summary applies to this bill as enacted.)
The act amends various laws related to the conduct of elections, including provisions related to:Procedures for registering to vote and for automatic voter registration through voter registration agencies; Requirements related to political party organization, including requirements for precinct caucuses, county assemblies, and vacancy committees; Ballot access for candidates, including repealing the ability of an unaffiliated candidate for president of the United States to be nominated by paying a fee; Requirements for voter service and polling centers and voting in person; Procedures for challenges to a person's right to vote; Procedures and requirements for circulating recall petitions and the conduct of recall elections, including municipal and local government recall elections; Prohibitions on electioneering in and within 100 feet of a polling place; and Requirements for filing initiative petitions. The act applies to elections conducted on or after the effective date of the act and takes effect upon passage; except that provisions allowing a person to register to vote online using the last 4 digits of their social security number take effect March 1, 2022.(Note: This summary applies to this bill as enacted.)
The act requires the department of human services (state department) to establish procedures to approve recovery support services organizations for reimbursement of peer support professional services. The act also gives the executive director of the state department rule-making authority to establish other criteria and standards as necessary.The act permits a recovery support services organization to charge and submit for reimbursement from the medical assistance program certain eligible peer support services provided by peer support professionals.The act authorizes the department of health care policy and financing to reimburse recovery support services organizations for permissible claims for peer support services submitted under the medical services program.The act requires contracts entered into between the state department's office of behavioral health and designated managed service organizations to include terms and conditions related to the support of peer-run recovery support services organizations.For the 2021-22 state fiscal year, $28,654 is appropriated to the state department from the general fund for use by the office of behavioral health to implement this act.(Note: This summary applies to this bill as enacted.)
The act appropriates $3,000,000 to the department of human services (department) in order to seek a 50% match from the federal government for the Colorado employment first program within the supplemental nutrition assistance program. The act requires the department to direct county departments and any third-party partners to prioritize any state or federal money received to fund employment support and job retention services and to support work-based learning opportunities for Colorado employment first participants. Any remaining money may be used to initiate and enhance current and additional state- or county-initiated third-party partnerships.(Note: This summary applies to this bill as enacted.)
The act creates the Colorado prescription drug affordability review board (board) in the division of insurance (division) in the department of regulatory agencies as an independent unit of state government, requires the board to perform affordability reviews of prescription drugs, and authorizes the board to establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes.The board shall determine by rule the methodology for establishing an upper payment limit for a prescription drug. An upper payment limit applies to all purchases of and payer reimbursements for the prescription drug dispensed or administered to individuals in the state in person, by mail, or by other means. Any savings generated for a health benefit plan as a result of an upper payment limit established by the board must be used by the carrier that issued the health benefit plan to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for prescription drugs.On and after January 1, 2022, the act prohibits, with certain exceptions, any purchase or payer reimbursement for a prescription drug at an amount that exceeds the upper payment limit established by the board for that prescription drug.A person aggrieved by a decision of the board may appeal the decision within 60 days. The board shall consider the appeal and issue a final decision concerning the appeal within 60 days after the board receives the appeal. Final board decisions are subject to judicial review.Any prescription drug manufacturer (manufacturer) that intends to withdraw from sale or distribution within the state a prescription drug for which the board has established an upper payment limit must notify, at least 180 days before the withdrawal:The commissioner; The attorney general; and Each entity in the state with which the manufacturer has contracted for the sale or distribution of the prescription drug. The commissioner may impose a penalty of up to $500,000 on a manufacturer that fails to comply with the notice requirement. The board is directed to adopt rules regarding notice to consumers of a manufacturer's intent to withdraw a prescription drug from sale or distribution in the state.Beginning in the 2022 calendar year, for all prescription drugs dispensed at a pharmacy and paid for by a carrier during the immediately preceding calendar year, the act requires each carrier and each pharmacy benefit management firm acting on behalf of a carrier to report certain information to the all-payer health claims database.The act creates the Colorado prescription drug affordability advisory council to provide stakeholder input to the board.The board must submit an annual report to the governor and to subject matter committees of the general assembly summarizing the activities of the board during the preceding calendar year, and the chair of the board must present to those committees information concerning any prescription drug for which the board established an upper payment limit during the preceding calendar year. Upon approval of a majority of the committee members, any member of the committees may pursue legislation to discontinue the upper payment limit for a particular prescription drug, and the legislation does not count against the limit on the number of bills the member may introduce in a regular legislative session.The board and its functions are repealed, effective September 1, 2026, following a sunset review by the department of regulatory agencies.For the 2021-2022 state fiscal year, the act appropriates $730,711 from the division of insurance cash fund to the department of regulatory agencies. Of this amount, $325,297 is appropriated for use by the division for personal services, $22,650 is appropriated for use by the division for operating expenses, and $382,824 is appropriated for the purchase of legal services, which amount is reappropriated to the department of law for providing legal services.(Note: This summary applies to this bill as enacted.)