Rep. Serena Gonzales-Gutierrez

The bill requires the department of higher education (department) to: Identify and designate state institutions of higher education (state institutions) as first-generation-serving institutions if the resident first-generation undergraduate population represents 45% or more of the institution's overall resident student population; Post on the department's website the names of the state institutions that are so designated; and Notify the state institutions that receive the designation.(Note: This summary applies to this bill as introduced.)

The bill imposes requirements for certain types of employers with regard to: The determination of employee work schedules; Employee requests for changes to work schedules; and Notices and posting of employee work schedules. In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees: Predictability pay when an employer makes certain changes to an employee's work schedule; Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift; Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours. The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill. A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations. The director of the division is required to promulgate rules to implement the bill. (Note: This summary applies to this bill as introduced.)

Under current law, a defendant may be awarded reasonable attorney fees in tort actions if a case is dismissed on a motion of the defendant prior to trial. The act states that a defendant may not be awarded reasonable attorney fees in cases dismissed prior to trial in which the plaintiff brought non-frivolous claims in order to challenge precedent or for a similar reason. (Note: This summary applies to this bill as enacted.)

Under existing law, the department of revenue (department) is required to issue a driver's license, instruction permit, or identification card (identification documents) to a person who is lawfully present in the United States if: The individual qualifies for the identification document; The individual produces documents that satisfy the department that the individual is lawfully present; and The federal government confirms the individual's status, including electronically through the federal systematic alien verification for entitlements (SAVE) system. The bill repeals the requirement that the federal government confirm the individual's status. The bill appropriates $19,397 to the department of revenue to implement the bill, and $2,575 to the office of the governor for use by the office of information technology to provide information technology services for the department of revenue. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act prohibits a court from ordering a juvenile to pay restitution to insurance companies. A court may still order restitution for a victim's pecuniary loss for which the victim cannot be compensated under a policy of insurance, self-insurance, an indemnity agreement, or a risk management fund. (Note: This summary applies to this bill as enacted.)

Under current law, juveniles who are 10 years of age and older can be prosecuted in juvenile court. The act requires the state department of human services to establish a pre-adolescent services task force to examine gaps in services for juveniles who are 10 years of age or older but under 13 years of age, if any, that would be created if the minimum age of prosecution of juveniles is increased from 10 years of age to 13 years of age, and to make recommendations for addressing any gaps in services identified. The task force shall create a report containing its recommendations made by December 30, 2022, and provide that report to the judiciary committees of the house of representatives and the senate, and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees. For the 2022-23 fiscal year, the act appropriates $105,000 from the general fund to the state department of human services for use by the division of child welfare. For the 2022-23 fiscal year, the act appropriates $9,433 from the general fund to the legislative department for use by the general assembly for per diem and travel expenses. (Note: This summary applies to this bill as enacted.)

The act requires the general assembly to annually appropriate money to the state department of human services (state department) sufficient to fund 5 nights of care for each juvenile placed in a licensed temporary shelter. The state department allocates the money to judicial districts in accordance with a formula developed by the working group for criteria for placement of juvenile offenders (working group). In order to receive an allocation, a judicial district's juvenile services planning committee, or the judicial district if the judicial district has not established a juvenile services planning committee, must include a plan for providing temporary shelter in the judicial district in its local juvenile services plan. Under existing law, the working group is required to make recommendations regarding the placement of juveniles. The act requires the house of representatives public and behavioral health and human services committee and the senate health and human services committee to annually hold a joint meeting to determine whether the working group's recommendations have been implemented in a manner that warrants discontinuing the annual appropriation for 5 nights of care in a licensed temporary shelter and the requirement that judicial districts develop a plan for providing temporary shelter. The act defines temporary shelter as the temporary care of a child in a physically unrestricted setting pending a return to the child's home or placement in an appropriate alternate setting pursuant to applicable state law. Temporary care in a temporary shelter is voluntary and a child may not be placed in a licensed temporary shelter facility for more than 5 days. The act requires a person providing temporary shelter to allow professionals to assess children there, and a child in temporary shelter must have access to educational services. The act appropriates $137,308 to the state department from the general fund for use by the division of youth services to implement the act. (Note: This summary applies to this bill as enacted.)

The act provides juvenile court jurisdiction over an unaccompanied child in the custody of the federal office of refugee resettlement who is housed in a facility in Colorado and who has been subjected to parental abuse or neglect. A child may file a petition asking the court to determine that the child is dependent on the court. The petition must: Set forth the facts that bring the child under the court's jurisdiction; State the child's name, age, and country of birth; and Identify the facility where the child is housed in Colorado in the custody of the federal office of refugee resettlement. The petition must not name the child's parent as a respondent. The petition must state clearly that parental rights may not be terminated through the proceedings. The act requires the court to schedule a hearing after the petition is filed. If the court finds at the hearing that the statements in the petition are supported by a preponderance of the evidence, the court shall declare the child dependent on the court. A child declared dependent is eligible for oversight and services by the office of the child protection ombudsman. Upon request, the court may also issue an order establishing the child's eligibility for classification as a special immigrant juvenile under federal law. (Note: This summary applies to this bill as enacted.)