Rep. Lorena García

The act creates the summer electronic benefits transfer for children program (summer EBT) in the department of human services (state department). The purpose of summer EBT is to provide food benefits to students in low-income households for the summer months when students are not in school pursuant to federal law. The state department is designated as the lead agency to administer summer EBT in Colorado, in cooperation with the federal government. The state department may enter into an agreement with the secretary of the United States department of agriculture food and nutrition service to accept federal program benefits for summer EBT and disburse those benefits to qualified households. To administer summer EBT, the state department shall: Establish eligibility criteria and distribute benefits consistent with federal law; Develop procedures to pursue claims for benefit recovery; Develop an outreach plan and conduct outreach to community-based organizations and households; Develop and provide resources, training, and technical assistance to local community-based organizations, specifically to local community-based organizations in rural areas, to conduct outreach and provide support and information to parents, legal guardians, and emancipated students seeking to access program benefits; Develop and provide resources and technical assistance, including providing contact information for local community-based organizations, to local education providers and school food authorities, specifically local education providers and school food authorities in rural areas; and Promulgate rules to manage household and administrative errors and any other rules necessary to comply with federal law. The act designates the department of education as the partner agency for the administration of summer EBT. To administer summer EBT, the department of education shall: Develop an outreach plan and conduct outreach to local education providers and school food authorities participating in the national school lunch program (lunch program) or national school breakfast program (breakfast program); and Provide technical assistance to school food authorities, specifically school food authorities located in rural areas. The state department and the department of education shall jointly: Develop protocols for the sharing of relevant data necessary for the administration of summer EBT and outreach to households with students who are eligible for summer EBT; Streamline data collection; and Develop and provide an opt-out process for parents, legal guardians, and emancipated students, to the extent allowable by federal law. The act requires school food authorities that participate in the lunch program or breakfast program to provide the department of education with the minimum student-level data necessary to gather and maintain the eligibility information required by federal law. The department of education shall share the data with the state department to administer summer EBT. As required by federal or state law, all data must be treated as protected personally identifiable information. The act appropriates $3,140,412 to the department of human services for use by the office of economic security and $169,870 to the department of education for school district operations to implement the act. APPROVED by Governor November 28, 2023 EFFECTIVE November 28, 2023(Note: This summary applies to this bill as enacted.)

The act restricts a landlord, with certain exceptions, from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. A landlord may not require a prospective tenant to have an annual income that exceeds 200% of the annual cost of rent. A landlord who violates one of the new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a penalty of $2,500, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees. A violation is also an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division. The act prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of 2 monthly rent payments. The act allows a tenant who is subject to an eviction action to assert as an affirmative defense that the tenant's landlord has violated or is in violation of certain state laws concerning unfair housing practices. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act creates the evaluating the costs associated with enforcement of and incarceration for drug crimes task force (task force). The act requires the university of Colorado school of public health to conduct a actuarial study (study) to evaluate the costs associated with the enforcement of drug laws and incarceration in the state. The study must: Consider and determine state and local government costs associated with the investigation of drug crimes and the enforcement of drug laws; Consider and determine the costs incurred by the judicial department in adjudicating drug crimes and supervising defendants convicted of drug crimes; Consider and determine state and local government costs associated with confining and incarcerating individuals accused of and convicted of drug crimes and the state costs associated with parole supervision for those convicted of drug crimes; and Determine the total state and local government costs associated with enforcing drug laws, investigating and punishing drug crimes, and rehabilitating those convicted of drug crimes. The university of Colorado school of public health shall provide the study to the task force. The task force shall consider the study and make recommendations to the general assembly regarding how money saved by reducing drug crimes or sentencing for drug crimes could be spent to reduce substance use and dependence in Colorado. The task force shall create a report of its findings by June 1, 2024, and shall present the report to the judiciary committees of the house of representatives and senate. The act appropriates: $79,914 from the general fund to the department of higher education for use by the university of Colorado to complete the study; $16,138 from the general fund to the department of public health and environment for administrative expenses; and $1,324 from the general fund to legislative department for per diem and expense reimbursement. VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)

Beginning on January 1, 2024, the state and any local government in the state or any agency, officer, employee or agent of the state or a local government (governmental entity) is prohibited from: Entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; Selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity; Paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity; Receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; or Giving financial incentives or benefits to a private entity in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity. Nothing in the act prohibits a governmental entity from providing heath and safety resources to individuals who are being detained for immigration purposes or a local government from contracting for health, utility, and sanitation services to immigration detention facilities. Beginning on January 1, 2024, a governmental entity is prohibited from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). In addition, a governmental entity with an existing immigration detention agreement is required to exercise the termination provision contained in the agreement by January 1, 2024, or as soon as possible within the terms of the immigration detention agreement if termination by January 1, 2024 is not possible. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act requires the office of liaison for missing and murdered Indigenous relatives (office) in the department of public safety (department) to: Conduct case reviews of violent or exploitative crimes against an Indigenous person and publish a report about the case reviews annually; Communicate with relevant department divisions regarding investigations in cases involving missing or murdered Indigenous relatives; Seek a position for a representative of the Indigenous community on the sentencing reform task force of the Colorado commission on criminal and juvenile justice; Collaborate with Indigenous-led organizations and the Colorado district attorneys' council (CDAC) to assist CDAC in developing and providing training for victim advocates who work on missing or murdered Indigenous relatives cases; and Designate one employee of the office to serve as a point of contact for families in need of support regarding ongoing or completed missing or murdered Indigenous relatives cases. Office personnel may inspect relevant criminal justice records and medical, coroner, and laboratory records in the custody of state or local agencies that are necessary for the office to perform its duties. The office may seek, accept, and expend gifts, grants, or donations in order to carry out the office's duties and to provide financial support to missing or murdered Indigenous relatives' families. The act requires the community volunteer advisory board within the office (advisory board) to prepare an annual report that includes a summary of the advisory board's work during the prior year and issues related to the office's work. The advisory board is required to submit its report to the judiciary and state affairs committees of the house of representatives and the senate. The state's fusion center in the office of prevention and security within the department shall create a dedicated phone line for missing or murdered Indigenous relatives that operates 24 hours a day, 7 days a week, and connects callers with the appropriate contact at the office or the Colorado bureau of investigation. The act appropriates $191,973 from the general fund to the department of public safety for administrative services and expenses related to the division of homeland security and emergency management and $170,601 from the general fund to the judicial department for information technology infrastructure. APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023(Note: This summary applies to this bill as enacted.)

The act creates the urgent incident response fund (fund). Money in the fund is annually appropriated to the division of homeland security and emergency management (division) in the department of public safety (department) to reimburse state agencies and local governments for the costs of responding to urgent incidents that do not rise to the level of disasters or emergencies. The act requires the division to: Publish certain information on its website regarding reimbursements made to state agencies or local governments for the costs of responding to urgent incidents; and Promulgate rules to establish a process for local governments and state agencies to receive reimbursements. For the 2023-24 state fiscal year, $1,000,000 is appropriated from the general fund to the fund and reappropriated from the fund to the department for use by the division for urgent incident response. The department is responsible for the accounting related to this appropriation. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)

The act permits the multidisciplinary team that creates an individualized education program (IEP) for a child, who may be eligible for special education services, to translate or contract with a translation services provider to translate the IEP draft documents into the dominant language spoken in the home of the child's parent, guardian, or legal custodian (parent). Upon request of the child's parent, the multidisciplinary team is required to translate or contract with a translation services provider to translate the final IEP document into the dominant language spoken in the home of the child's parent. The IEP team shall verbally inform the child's parent of the right to request translation services. APPROVED by Governor May 25, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

Starting July 1, 2024, the act authorizes individuals who have a midwife certification from the American Midwifery Certification Board, pay the required fee, and submit to a criminal history record check to obtain a license from the state board of nursing (board) to practice as a certified midwife in the state. A certified midwife licensed by the board may apply for and obtain provisional and full prescriptive authority upon satisfying the requirements specified in the act. Certified midwives are subject to regulation by the board to the same extent that the board regulates the practice of nursing, including grounds for discipline and disciplinary actions. Effective July 1, 2024, the act adds a member to the state board of nursing who is a certified midwife or an advanced practice registered nurse who is a certified nurse midwife. The act appropriates $15,393 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division for administration and operations necessitated by the act. APPROVED by Governor May 25, 2023 PORTIONS EFFECTIVE May 25, 2023 PORTIONS EFFECTIVE July 1, 2024 NOTE: Section 69 of the act states that the act takes effect upon passage; except that, section 12-255-105, Colorado Revised Statues, as amended in section 3 of the act, takes effect July 1, 2024. (Note: This summary applies to this bill as enacted.)

The act prohibits a licensed physician or physician assistant; licensed medical resident, intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing, and prohibits a licensed health-care facility from permitting a licensee, student, or trainee to perform, an intimate examination on a sedated or unconscious patient unless the patient has given specific informed consent to an intimate examination. Additionally, a student or trainee may perform an intimate examination on a sedated or unconscious patient for educational or training purposes only if: The examination is related to the planned procedure to be performed on the patient; The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and The student or trainee is under the direct supervision of the supervising licensee. The informed consent requirement does not apply in an emergency situation in which an intimate examination on a sedated or unconscious patient is medically necessary for the life or well-being of the patient or if the licensee has previously obtained the patient's consent to health care that includes an intimate examination about which the patient has been informed. The act outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the act, or retaliating against a person who complains about a violation of the act, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility that fails to comply with the requirements of the act is subject to sanctions imposed by the department of public health and environment. Additionally, a patient who is subjected to an intimate examination in violation of the requirements of the act may file a civil action for damages, which action is not a medical malpractice action, and the statutory cap on noneconomic damages in civil actions applies to an award to a patient for noneconomic damages. For the 2023-24 state fiscal year, the act appropriates $32,915 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)