Rep. Naquetta Ricks

The act requires the department of regulatory agencies (department) to conduct a sunset review of the public utilities commission's (commission) regulation of towing carriers in 2025 and changes the department's sunset review of the towing task force (task force) from 2024 to 2025. As part of its sunset review of the commission's regulation of towing carriers, the department must review complaints against towing carriers and whether the towing industry and consumers would benefit from dispute resolution of complaints.The act adds 5 members to the task force to represent:Mobile home owners in the state; The attorney general with experience enforcing the "Colorado Consumer Protection Act"; People with disabilities; Common interest communities; and Communities that might be disproportionately affected by nonconsensual towing, such as communities of color, immigrant communities, elderly communities, and rural communities. The following changes are made to membership:The member who represents an association of automobile owners is removed; The member who represents a towing association is required to be experienced with consensual tows; and The member who represents towing carriers but not a towing association is changed to a member who represents nonconsensual towing carriers. For the 2021-22 state fiscal year, $20,029 is appropriated to the public utilities commission to implement the act.(Note: This summary applies to this bill as enacted.)

The act prohibits an insurer from:Unfairly discriminating based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression in any insurance practice; or Pursuant to rules adopted by the commissioner of insurance (commissioner), using any external consumer data and information source, algorithm, or predictive model (external data source) with regard to any insurance practice that unfairly discriminates against an individual based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. After a stakeholder process, the commissioner shall adopt rules for specific types of insurance, by insurance practice, which rules establish means by which an insurer may demonstrate that it has tested whether its use of an external data source unfairly discriminates based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression. Any such rules shall not become effective until January 1, 2023, at the earliest, for any type of insurance. The rules must require each insurer to:Provide information to the commissioner concerning the external data sources used by the insurer in the development and implementation of algorithms and predictive models for a particular type of insurance and insurance practice; Provide an explanation of the manner in which the insurer uses external data sources for the particular type of insurance and insurance practice; Establish and maintain a risk management framework that is reasonably designed to determine, to the extent practicable, whether the insurer's use of external data sources unfairly discriminates against individuals based on their race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression; Provide an assessment of the results of the risk management framework and actions taken to minimize the risk of unfair discrimination, including ongoing monitoring; and Provide an attestation by the insurer's chief risk officer that the insurer has implemented the risk management framework appropriately on a continuous basis. The rules adopted by the commissioner must include provisions establishing:A reasonable period of time for insurers to remedy any unfairly discriminatory impact in an external data source; and The ability of insurers to use external data sources that have been previously assessed by the division of insurance (division) and found not to be unfairly discriminatory. Documents, materials, and other information in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to the new requirements are recognized as proprietary and containing trade secrets. The commissioner may use the documents, materials, or other information in furtherance of any regulatory or legal action and make the data publicly available in an aggregated or de-identified format.The commissioner may examine and investigate an insurer's use of an external data source in any insurance practice.In the department of regulatory agencies' annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report to the legislative committees of reference, the division shall include:Information concerning any rules adopted pertaining to this act; Information concerning any changes in insurance rates that have resulted from the prohibitions described in the act; and A summary of the stakeholder process, including a description of data sources insurers may use to comply with this act. The requirements described in the act do not apply to:Title insurance; Bonds executed by qualified surety companies; or Insurers of exempt commercial policyholders.(Note: This summary applies to this bill as enacted.)

The act increases requirements for disclosure and transparency in the operations of unit owners' associations (HOAs) in common interest communities, including requiring an HOA to maintain and keep available to unit owners, as part of its official records:A list of the HOA's current fees chargeable upon sale of a home in the community; and Other information currently required to be disclosed annually under existing law, including financial statements, reserve fund balances, insurance policies, and meeting minutes. If access to the association records described above are not provided within 30 calendar days after a request was submitted by certified mail, the HOA is liable for a penalty of $50 per day for not providing them.Section 2 of the act adds specificity to the requirement that HOAs allow installation of renewable energy generation devices (e.g., solar panels) subject to reasonable aesthetic guidelines by requiring approval or denial of a completed application within 60 days and requiring approval if imposition of the aesthetic guidelines would result in more than a 10% reduction in efficiency or a 10% increase in price.Section 1 specifically includes nonvegetative turf grass (also known as artificial turf) among the types of drought-tolerant landscaping materials that the HOA may regulate but not prohibit in the backyard area of a unit. Section 3 adds a similar provision to a companion statute.The act does not apply to HOAs that include time-share units.(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 employment first advisory partnership by continuing the partnership indefinitely.The act also creates a hiring preference pilot program for people with disabilities. Each department of state government may participate in the pilot program, but a participating department must submit a report on its implementation of the pilot program to the state personnel director, who will submit a report to the house business affairs and labor committee and the senate business, labor, and technology committee. A candidate qualifies for the pilot program when the candidate:Meets the minimum qualifications for the position; Is a person with a disability, as defined in the federal "Americans with Disabilities Act of 1990", and who has requested to participate in the pilot program; and Submits proof of a disability in a form and manner specified under the pilot program.(Note: This summary applies to this bill as enacted.)

The act directs the department of higher education and the department of education to convene a workgroup on diversity in the educator workforce (workgroup).The department of higher education and the department of education shall select the members of the workgroup. The departments may seek recommendations or nominations from interested stakeholders. The workgroup members must be representative of the racial and ethnic diversity of the Colorado student population by ensuring that at least 50% of the workgroup is comprised of persons from historically underrepresented minority groups.The workgroup shall investigate barriers to the preparation, retention, and recruitment of a diverse educator workforce and shall consider strategies to increase diversity in the educator workforce. The act includes specific issues for the workgroup to consider.The workgroup shall submit a written report of its findings and recommendations to the education committees of the general assembly no later than September 30, 2022. The workgroup may submit interim findings and recommendations during the 2022 legislative session.Under current law, the department of higher education reports annually concerning educator preparation programs, including enrollment, graduation rates, outcomes of graduates, and performance on assessments administered for licensure. The act requires the department of higher education to include the required information disaggregated by the candidates' or graduates' gender, race, and ethnicity. Further, the information contained in the annual report must be posted on the department of higher education's and the department of education's websites.The act appropriates $20,115 from the general fund and provides 0.3 FTE to the department of education to implement the act and appropriates $7,400 from the general fund to the department of higher education to implement the act.(Note: This summary applies to this bill as enacted.)

The act creates the rent reporting for credit pilot program (pilot program) and directs the Colorado housing and finance authority (authority) to contract with a third party (contractor) to administer the pilot program in accordance with rules promulgated by the authority.The contractor shall recruit no more than 10 landlords to participate in the pilot program and, to the extent practicable, shall attempt to include a total of at least 100 participant tenants, with an emphasis on selecting participant tenants from populations that are under-served and under-represented in home ownership. To the extent practicable, the contractor shall recruit participant landlords who offer:A variety of types of dwelling units for rent, including dwelling units of various sizes; Dwelling units for rent that are located in diverse areas of the state; and At least 5 dwelling units for rent. In order to become a participant landlord, a landlord must agree in writing to certain terms. A tenant may participate in the pilot program only if the tenant elects to participate and completes a financial education course.On or before June 1, 2024, the authority, in consultation with the contractor, shall submit to the governor and the general assembly a report concerning the pilot program.The act requires the state treasurer to issue a warrant in the amount of $205,000 from the treasury department to the authority for the implementation of the program and, accordingly, for the 2021-22 fiscal year, the act appropriates $205,000 from the general fund to the treasury department for this purpose.The pilot program is repealed, effective September 1, 2024.(Note: This summary applies to this bill as enacted.)

Beginning with the 2021-22 state fiscal year, the act directs the Colorado opportunity scholarship initiative (COSI) advisory board to allocate to public institutions of higher education (institution) an amount appropriated to the COSI fund from money received pursuant to the federal "American Rescue Plan Act of 2021" (ARPA). To receive a distribution of its allocation, an institution must submit a student assistance plan (plan) explaining how the institution will use the money to provide financial assistance and support services to students who have some postsecondary credits but stopped attending before obtaining a credential, and first-time students who were admitted to an institution for the 2019-20 or 2020-21 academic year but did not enroll for the 2020-21 academic year. The provision of financial assistance and support services is designed to decrease student debt and increase student enrollment, retention, and completion of credentials. The COSI advisory board must review each plan based on specified criteria and may require changes to a plan before approving a distribution. At the end of the fiscal year, each institution must submit a report of how it used the money and the results achieved. The COSI director must include the information in the report that the board annually prepares for the joint budget committee and the education committees of the general assembly. The program to distribute the federal money in this manner is repealed July 1, 2026.The act creates the student aid applications completion grant program (grant program) in COSI. A school district, a charter school, or a board of cooperative services that operates a high school (local education provider) that chooses to apply for a grant must require the students enrolled by the local education provider to complete the free application for federal student aid and the Colorado application for state financial aid (student aid applications) before high school graduation, unless waived under conditions specified by the local education provider. The act specifies the contents of the application and requires the COSI board to review the applications and approve the grant awards to be paid from an amount appropriated to the COSI fund in the act. Each grant recipient must submit an annual report concerning use of the grant money, and the COSI board must include a summary report in the annual report that the COSI board submits to the education committees of the general assembly. The grant program is repealed July 1, 2026.The act creates the Colorado re-engaged (CORE) initiative within the department of higher education (department) to award an associate degree to an eligible student who enrolls in a baccalaureate degree program at a 4-year institution and earns at least 70 credit hours, but stops attending before attaining the degree. The act specifies the role of the department in implementing the CORE initiative and the role of an institution that chooses to participate in the CORE initiative. Each institution that chooses to participate in the CORE initiative must annually submit to the department a report concerning implementation of the CORE initiative. The department must review and compile the reports and submit a summary report to the education committees of the general assembly.The act repeals the requirement that a community college or a local district college must receive approval from the Colorado commission on higher education (commission) to offer a bachelor of applied science degree program. A community college or a local district college that seeks to offer a bachelor of applied science degree program must apply to its governing board, and the governing board may approve the program based on specified criteria. If a governing board approves a bachelor of applied science degree program, the governing board must notify the commission. The act repeals the criteria the commission must apply in approving a bachelor's degree program for a local district college.The act directs the commission to convene a task force to:Review the role and mission and service area of each state institution of higher education, local district college, and area technical college; Review the interaction between the institutions, the local district colleges, the area technical colleges, and the state work force development council in supporting and improving workforce development; and Review and make recommendations concerning uses of ARPA money for assistance for populations disproportionately impacted by the COVID-19 public health emergency that address or mitigate the impacts of the public health emergency on educational disparities. The act describes the membership of the task force and the issues the task force must address. By December 15, 2021, the task force must submit a report of findings and recommendations to the commission and to the education committees of the general assembly. The department must post the report on the department's website.The act creates within the department a working group appointed by the governor to recommend strategies for increasing the student completion rate for the student aid applications. The working group must submit its recommendations to the commission, the state board of education, the joint budget committee, and the education committees of the general assembly by January 15, 2022.The act allows the governing board of an institution to classify a qualified person as an in-state student, for tuition purposes only, if the qualified person moves to the state to accept employment, the employer is paying the qualified person's tuition, and the qualified person demonstrates the intent to establish permanent domicile in the state. The qualified person is not eligible to receive the state stipend for the first year of enrollment.For the 2021-22 fiscal year the following amounts are appropriated from money the state received from the federal coronavirus state fiscal recovery fund:$49,000,000 to COSI for distribution to institutions to implement their student assistance plans; $1,500,000 to COSI for the student aid applications completion grant program; and $1,000,000 to the department to implement the CORE initiative and the associate degree completion program.(Note: This summary applies to this bill as enacted.)

The act creates the immigration legal defense fund (fund). The department of labor and employment, as the administrator, awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are subject to an immigration proceeding. The act lists permissible uses of grant money awarded from the fund.Organizations that receive a grant from the fund are required to report to the administrator certain information about persons served and services provided by the organization.For the 2021-22 state fiscal year, the act appropriates $100,000 to the immigration legal defense fund from the general fund.(Note: This summary applies to this bill as enacted.)

The act creates the small business accelerated growth program (program) administered by the Colorado office of economic development (office). The program provides business development support to small businesses with 19 or fewer employees. The office is required to develop a marketing initiative for the program in coordination with the minority business office, the small business development center, and local and regional economic development entities to promote the program. The businesses selected to participate in the program have one year to use the business development support offered by the program, and $1,350,000 in grants from the Colorado startup loan fund are for participants demonstrating need and success under the program.The act makes an appropriation.(Note: This summary applies to this bill as enacted.)