Rep. Daneya Esgar

The act repeals the requirement that $500,000 of the core departmental programs appropriation to the division of reclamation, mining, and safety in the department of natural resources be annually transferred to the abandoned mine reclamation fund, which itself is repealed on July 1, 2023. The act also repeals the requirement that $127,000 be transferred to a special account in the general fund that is used by the mined land reclamation board. (Note: This summary applies to this bill as enacted.)

For fiscal years 2019-20 and 2020-21, the act specifies that: If a provider or a school district submits a certification of public expenditure pursuant to federal law, the provider or school district shall receive federal matching funds in the amount of 50% of the amount certified, and any federal financial participation in excess of 50% of the amount certified must be transferred to the general fund for the medical assistance program; The amount of increased federal financial participation in excess of 50% generated from appropriations out of the healthcare affordability and sustainability fee cash fund must be used to offset other general fund appropriations for the medical assistance program; The amount of increased federal financial participation in excess of 50% for reimbursements and payments must be transferred from the medicaid nursing facility cash fund to the general fund for the medical assistance program expenditures; and The appropriation to the university of Colorado for fee-for-service contracts for health services is reduced by the amount of federal financial participation that exceeds 50%. The act makes adjustments to the appropriations to transfer the amounts in excess of 50% to the general fund and appropriates those amounts for the medical services program. (Note: This summary applies to this bill as enacted.)

For the 2019-20 state fiscal year, the act transfers: $1,397,624 from the general fund to the capital construction fund; and $21,134,709 from the information technology capital account of the capital construction fund to the general fund. For the 2020-21 state fiscal year, the act transfers: $500,000 from the general fund exempt account of the general fund to the capital construction fund; $2,043,768 from the general fund to the capital construction fund; and $445,000 from the general fund to the information technology capital account of the capital construction fund.(Note: This summary applies to this bill as enacted.)

Existing law requires the department of local affairs (department) to award grants to counties pursuant to the community substance use and mental health services grant program (grant program) and requires the general assembly, beginning in fiscal year 2020-21, to appropriate money for the grant program from the estimated savings from House Bill 19-1263, concerning changing the penalty for certain violations pursuant to the "Uniform Controlled Substances Act of 2013". The act makes the department's requirement to issue grants subject to available appropriations, removes the requirement to appropriate money for the grant program, and states the general assembly's intent to fund the grant program with money generated from the estimated savings from House Bill 19-1263. An appropriation to the department for program costs related to field services is decreased by $66,208, and an appropriation to the department for community substance use and mental health services grants is decreased by $1,800,000. (Note: This summary applies to this bill as enacted.)

The act: Exempts the legislative department cash fund and the redistricting account in the legislative department cash fund from the definition of "cash fund" for purposes of the requirements under the automatic cash fund funding mechanism for payment of future costs attributable to certain of the state's capital assets; Suspends the automatic cash fund funding mechanism for payment of future costs attributable to certain of the state's capital assets for the 2020-21 state fiscal year; Clarifies that any amount of money that may currently be identified in a capital reserve of the legislative department cash fund or in a capital reserve of the redistricting account is also excluded and may be used for the purposes set forth in the statute that created the cash fund; and Makes an appropriation.(Note: This summary applies to this bill as enacted.)

Under current law, commencing with the 2020-21 state fiscal year and for 3 total state fiscal years, assuming certain conditions are satisfied, the state is required to transfer $30 million from the unclaimed property trust fund to the housing development grant fund to support the provision of affordable housing statewide. The act delays the starting date for the first transfer by 2 state fiscal years. (Note: This summary applies to this bill as enacted.)

The state work force development council (state council), in collaboration with the department of higher education, the department of labor and employment, and the department of human services (state agencies), is required to implement and maintain a free online platform (platform) to provide Coloradans with personalized information to assist them in making career and education planning decisions; except that this requirement is subject to available appropriations or money from other sources. The state council and the state agencies may conduct outreach and training for the individuals who provide career counseling and for the public to promote awareness of the platform. For the purposes of implementing and maintaining the platform, the state council may receive money from other state agencies, the general assembly may appropriate money to the state council, and the state council may solicit, accept, and expend gifts, grants, and donations. The state council may transfer any money appropriated by the general assembly for the purposes of the platform to the department of higher education to implement and maintain the platform, to disseminate information regarding the platform, and to provide training about the platform. The governor's office of information technology (office) is required to ensure that the platform complies with state and federal information technology security and privacy requirements and standards. To ensure such compliance, the office is required to ensure that the contract for the platform includes a requirement that the vendor conduct an external security assessment that complies with the office's requirements and standards and that the assessment and remediation plan be shared with the office. In addition, the state auditor may, in his or her discretion, conduct an audit or assessment of the online platform and of the administration and maintenance of the platform. The authority to implement and maintain the platform is repealed, effective June 30, 2025. Before the repeal, the joint technology committee is required to assess the impact, effectiveness, and compliance with state and federal information technology requirements and standards of the platform and to make a recommendation to the general assembly regarding whether to continue the platform. The act specifies that the department of higher education shall provide certain notice that it is already required by law to provide to certain students and parents of students in Colorado, through the platform. In addition, the act repeals requirements that each board of education and the state charter school institute ensure that students in the sixth grade are registered with a previously used online platform, known as College in Colorado. The act repeals the talent pipeline cash fund and authorizes the general assembly to appropriate money from the general fund to the state council for the purposes of the state council. The act also specifies that state council requirements related to career pathways are subject to available appropriation or money from other sources. (Note: This summary applies to this bill as enacted.)

The act repeals the pilot programs in the division of youth services that were created to aid in the establishment of a division-wide therapeutic and rehabilitative culture, including the use of trauma-responsive principles and practices. The act makes the following appropriations: The general fund appropriations made in the annual general appropriation act for the 2020-21 state fiscal year to the department of human services for use by the division of youth services are adjusted as follows: The appropriation for personal services related to institutional programs is decreased by $406,545, and the related FTE is decreased by 4.0 FTE; and The appropriation for operating expenses related to institutional programs is decreased by $204,309.(Note: This summary applies to this bill as enacted.)

Correctional facilities, school districts, hospitals, and retail food establishments are encouraged to donate apparently wholesome food to local nonprofit organizations for distribution to needy or poor individuals. Correctional facilities, school districts, and hospitals that donate items of food to nonprofit organizations are provided limited immunity from civil and criminal liability, which limited immunity state law already provided to donor retail food establishments. The immunity does not apply to willful, wanton, or reckless acts of donors that result in injury to recipients of the donated foods. A farmer who allows one or more individuals to enter the farmer's property for the purpose of gleaning produce for donation to a nonprofit organization for use or distribution in providing assistance to needy or poor persons is not liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from an injury to any such individual unless the injury results from a willful or wanton act or omission of the farmer. (Note: This summary applies to this bill as enacted.)

The act repeals the Colorado advisory council for persons with disabilities and the disabled parking education program. The general fund appropriation made in the annual general appropriation act for the 2020-21 state fiscal year to the department of human services for use by the special purpose division for the Colorado advisory council for persons with disabilities is decreased by $238,497 and the related FTE is decreased by 1.0 FTE. (Note: This summary applies to this bill as enacted.)