Rep. Hugh McKean

The act allows the department of public health and environment, in contracting with certain grantees for the provision of services, to dispense up to 25% of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.(Note: This summary applies to this bill as enacted.)

Executive Committee of the Legislative Council. The COVID-19 pandemic has caused a delay in the ability of the United States Census Bureau (Census Bureau) to deliver to the state the population and demographic data necessary to redraw election districts. The Census Bureau has indicated that the final census data will not be available for at least 6 months after the deadline contemplated in federal law. Under the current definition of "necessary census data" contained in state law, this delay prevents the independent congressional redistricting commission and the independent legislative redistricting commission (commissions) from completing their work by the deadlines in the constitution. An extended delay in finalizing the commissions' redistricting plans will make it impossible to complete all of the steps in the 2022 election procedures in time for the general election. For the commissions convened in 2021 only, the bill amends the definition of "necessary census data" to allow the preliminary and staff plans to be developed using the data on the total population by state that will be released by the Census Bureau on April 30, 2021, and other population and demographic data from federal or state sources that are approved by the commissions. Once final census data is released by the Census Bureau, the nonpartisan staff of the commission must complete adjustments for incarcerated populations required by current law within 5 days. All as soon as practicable, but no later than 10 days after the data is released. Nonpartisan staff are required to use the final data as adjusted to prepare all staff plans presented to the commissions or submitted to the Colorado supreme court after that date must use the final data as adjusted. A plan approved by the Colorado supreme court must be based on the final data as adjusted. (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 requires that, prior to initiating a review or audit of a medicaid provider's records, the reviewer or auditor, or a qualified agent contracted with the department of health care policy and financing (state department) shall confirm the provider's contact information with the provider. After confirming the provider's contact information, the reviewer or auditor, or qualified agent, shall notify the provider of additional information concerning the review or audit.Current law requires the reviewer or auditor, prior to initiating the review or audit, to deliver to the provider not less than 10 business days prior to the commencement of the audit a written request describing in detail such records and offering the provider the option of providing either a reproduction of such records or inspection at the provider's site. The act requires the written request to be provided through both e-mail and certified mail.The act requires the state department to ensure providers understand the relationship between the state department and the qualified agent and how to contact the qualified agent prior to a qualified agent commencing any review or audit.(Note: This summary applies to this bill as enacted.)

The act removes the existing restriction on pumped hydroelectric facilities as a source of recycled energy, which is included in the definition of an eligible energy resource under the renewable energy standard statute, and instead includes any pumped hydroelectric facility under 15 megawatts that:Does not combust fossil fuel to pump water; Is not located on a natural waterway; Includes measures to prevent fish mortality in the facility; Does not impact any decreed in-stream flow; and Does not cause any violation of state water quality standards when operated.(Note: This summary applies to this bill as enacted.)

Federal law requires federally licensed firearms dealers to conduct background checks of prospective transferees prior to transferring a firearm by contacting the national instant criminal background check system (NICS). A dealer is not required to conduct a NICS background check of a prospective transferee if the transferee presents a state license or permit that is recognized by the federal bureau of alcohol, tobacco, firearms, and explosives (ATF) as an alternative to a NICS background check. In order to be eligible for recognition, a permit must have been issued within 5 years before the transfer and the state must have completed a NICS background check prior to issuing the permit. The bill makes a Colorado-issued permit to carry a concealed handgun eligible for recognition as an alternative to a NICS background check by requiring a sheriff to receive the results of a background check prior to issuing or renewing the permit. The Colorado attorney general is required to contact the ATF to request that a Colorado-issued permit qualifies as an alternative to the federal background check requirement. Upon approval by the ATF, a concealed carry permit issued after the effective date of the bill can be used to satisfy a background check required by state or federal law. A permit issued in another state that is otherwise recognized in Colorado is not valid as a substitute for a background check. A prospective transferee who presents a permit as an alternative to a background check must attest, in writing, that the person has not, since the issuance of the permit, been convicted of a crime of domestic violence or been treated for a mental health condition, or is otherwise ineligible to possess a firearm pursuant to state or federal law. (Note: This summary applies to this bill as introduced.)

Through the end of 2021, the act allows members of a party central committee or vacancy committee to participate in a committee meeting remotely, including by casting the member's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.The act permits a state senate, state house of representatives, or county commissioner district committee to hold a meeting to address organizational or administrative matters separate from a meeting of the state or county central committee. A member of a district committee may participate in a separate meeting by remote means if such remote participation has been approved by the chair and vice-chair of the district committee.The act permits a state party central committee or state party executive committee to adopt party rules or bylaws to implement the bill's remote participation provisions. The act also permits a member of the state party central committee or state party executive committee considering such rules or bylaws to participate remotely in a meeting in which the rules or bylaws are being considered.(Note: This summary applies to this bill as enacted.)

Sections 2 and 3 of the bill: Repeal the add back to federal taxable income related to section 2303 of the March 2020 "Coronavirus Aid, Relief, and Economic Security Act" (CARES Act); Repeal the add back to federal taxable income tax related to section 2304 of the CARES Act; Repeal the add back to federal taxable income related to section 2306 of the CARES Act; and Delay an add back to federal taxable income in an amount equal to the deduction for qualified business income for an individual taxpayer who files a single return and whose adjusted gross income is greater than $500,000, and for an individual taxpayer who files a joint return and whose adjusted gross income is greater than $1 million. The delay keeps the provision that the add back is not required for a taxpayer who files a schedule F, profit or loss from farming, or successor form as an attachment to a federal income tax return. Section 4 repeals the section that specifies that for net operating losses incurred after December 31, 2017, the 80% limitation set forth in federal law applies without regard to the amendments made in section 2303 of the CARES Act. Section 5 delays the increase to the earned income tax credit to tax years beginning in 2025. Section 5 also repeals the earned income tax credit that will be available on or after January 1, 2021, to taxpayers filing with an individual taxpayer identification number.(Note: This summary applies to this bill as introduced.)