The food pantry assistance grant program is set to repeal on June 30, 2023. The act extends the food pantry assistance grant program through July 1, 2024. For the 2022-23 state fiscal year, the act appropriates $3 million from the general fund to be used for the purchase of Colorado agricultural products and agricultural products that hold cultural significance for indigenous first nations people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced. The act allows up to $100,000 annually of the appropriation to be used to hire a nonprofit entity to provide technical assistance to a grant recipient to train food pantries and assist in the location and purchase of Colorado agricultural products. (Note: This summary applies to this bill as enacted.)
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Under current law, in a dispute over a defendant's competency, a party may request a second evaluation of the defendant. The act requires that if a second evaluation is completed and restoration is ordered, the court shall make the second evaluation available to the department of human services (department). If the court finds that the competency report provided by the department does not meet statutory requirements, the act permits a defendant to be placed in the department's custody for an inpatient competency evaluation. Under current law, when a defendant is in custody on a misdemeanor, petty offense, or traffic offense and the defendant is found incompetent to proceed, there is a presumption that the court will enter a personal recognizance bond. The act also creates a presumption that the court will order outpatient restoration services. If the court denies a personal recognizance bond, the court shall notify the department of the specific facts and findings it relied upon in the order for restoration treatment. The department is allowed to offer assistance to an out-of-state provider providing restoration services to a defendant living outside Colorado. The requirement to opine on whether there is a substantial probability that the defendant will be restored to competency and remain competent with the use of medication or not remain competent without the use of forced medication is eliminated. After the court has conducted at least 4 competency reviews, the act requires the court to conduct a competency review every 91 days. The court is required to dismiss the defendant's case if there is not a substantial probability that the defendant will be restored to competency in the reasonably foreseeable future. The act appropriates: $28,562,828 from the economic recovery and relief fund cash fund to the department for use by the office of behavioral health for inpatient bed capacity; and $800,000 from the behavioral and mental health cash fund to the department to contract for a feasibility study of renovating a facility in Adams county to provide inpatient beds for competency services.(Note: This summary applies to this bill as enacted.)
The act establishes the rural provider access and affordability stimulus grant program (grant program) in the Colorado department of health care policy and financing (state department). As part of the grant program, the state department may award grants for projects that modernize the affordability solutions and the information technology of health-care providers in rural communities (rural providers) and projects that expand access to health care in rural communities. The types of rural providers eligible for grants under the grant program are rural hospitals that have a lower net patient revenue or fund balance than other rural hospitals in the state, as determined by the medical services board (state board) by rule. On or before December 31, 2022: The state department must adopt guidelines for the grant program (guidelines); and The state board must adopt rules as necessary for the administration of the grant program (rules). The act creates the rural provider access and affordability advisory committee (advisory committee) in the state department. The advisory committee is required to advise the state department on the administration of the grant program, the adoption of the guidelines, and the selection of grant recipients. The advisory committee is also required to advise on the rules. The act also creates the rural provider access and affordability fund (fund) in the state treasury. The act requires the state treasurer to transfer $10,000,000 from the economic recovery and relief cash fund to the fund for awarding grants under the grant program and the administration of the grant program. The state department is directed to include a report on the progress of the grant program during its presentation to joint legislative committees pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The grant program is repealed on July 1, 2025. (Note: This summary applies to this bill as enacted.)
The act creates the "Donor-conceived Persons and Families of Donor-conceived Persons Protection Act" (act). The act defines the following terms, among others: "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse; "Donor" means an individual who produces eggs or sperm collected by a gamete agency, gamete bank, or fertility clinic (ART agency) for use in assisted reproduction; "Donor-conceived person" (DCP) means an individual of any age who was born as a result of assisted reproduction; "Fertility clinic" means an entity or organization that performs assisted reproduction medical procedures and receives donor gametes for a recipient in, or who is a resident of, Colorado, and the recipient and gamete donor are unknown to each other at the time of donation; "Gamete" means unfertilized oocytes or sperm; "Gamete agency" means an oocyte or sperm donor matching agency that is located within or outside of Colorado and matches gamete donors with recipients in, or who are residents of, Colorado, and are unknown to each other at the time of donation; "Gamete bank" means an entity or organization that collects gametes from a donor or receives embryos and provides gametes or embryos to a recipient parent or the parent's medical provider and the recipient and donor are unknown to each other at the time of donation and the parent lives in, or is a resident of, Colorado at the time of donation; "Identifying information" means the donor's full name; the donor's date of birth; and the donor's permanent and, if different, current address or other contact information at the time of the donation, or, if different, the donor's current address or other contact information or both as retained by the ART agency; "Medical history" means information regarding any present physical illness of the donor; past illness of the donor; and social, genetic, and family medical history pertaining to the donor's health; and "Recipient" or "recipient parent" means an individual who receives donor gametes or embryos as an intended parent from an ART agency for use in assisted reproduction for the purpose of conceiving a child. The act requires: An ART agency that, on or after January 1, 2025, collects gametes from a donor or matches a donor with a recipient, or receives gametes from a different ART agency, to collect the donor's identifying information and medical history and make a good-faith effort to maintain current contact information and updates on the donor's medical history by requesting updates from the donor at least once every 3 years; Upon request of a DCP who is 18 years of age or older, or less than 18 years of age but legally emancipated, release of identifying and medical information to the DCP or the DCP's legal parent or guardian. An ART agency shall not match or provide gametes from a donor who does not agree to the identity disclosure when a DCP reaches 18 years of age; An ART agency to collect and securely maintain any records of the donor's identifying information and medical history. The ART agency shall also regularly request at least once every 3 years that a donor provide updates to the donor's contact information and medical history. An ART agency that matches or collects gametes from a donor on or after January 1, 2025, who is unknown to the recipient parent at the time of the donation to provide the donor with information about disclosure of information and obtain a declaration from the donor agreeing to identity disclosure when a DCP reaches 18 years of age; An ART agency to make and submit a proposed plan to the department of public health and environment (department) to permanently maintain records of donor identifying information and medical history, the number of families established with each donor's gametes, and genetic screening and testing in the event of dissolution, insolvency, or bankruptcy. In the case of such event, the gamete bank shall inform by mail and email, sent to the last known address, all gamete donors whose gametes were collected, matched, or received, as well as recipient parents who received gametes or embryos from the gamete bank. That, once an ART agency has record of or should reasonably know that 25 families have been established using a single donor's gametes in or outside of Colorado, with no limit on the number of children conceived by each of the families, the gamete bank shall not match or provide gametes from a donor to additional families. On or before January 1, 2025, the department to develop written materials for intended parents and separate materials for donors. An ART agency is required to ensure that, prior to tissue donation or sale of tissue, each tissue donor and intended recipient receives these written materials. The written materials are not meant to be in lieu of any mental health evaluations. That donors be at least 21 years of age at the time of the donation; On or after January 1, 2025, an ART agency operating in Colorado or providing donor gametes for use in assisted reproduction in Colorado to obtain a license that is conditioned on compliance with the act and its implementing rules; The state board of health (board) to establish a schedule of fees for licensure, with the department collecting the appropriate fee at the time of application for licensure; and The department to revoke licensure and issue fines for violations of the license, act, and implementing rules. The department is allowed to assess a civil penalty for violations of the act. The board is granted rule-making authority for the implementation of the act, with rules to be promulgated on or before July 1, 2024. The donor gamete agency, gamete bank, and fertility clinic fund is created. For the 2022-23 state fiscal year, $192,293 is appropriated to the department from the general fund. (Note: This summary applies to this bill as enacted.)
The act requires the judicial department to publish opinions of the Colorado supreme court and the Colorado court of appeals online on or before March 1, 2024, but no earlier than July 1, 2023. The opinions must be published online in a searchable format and be available free of charge. Colorado supreme court and court of appeals opinions that are not published pursuant to state law or court rules are exempt from the online publishing requirement. The judicial department and the general assembly must each include a link to the opinions web page in a conspicuous place on their websites. The act appropriates $100,000 to the judicial department for information technology infrastructure. (Note: This summary applies to this bill as enacted.)
The act defines a "controlled environment agricultural facility" (CEA facility) as a nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computer management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption. Commencing January 1, 2023, for property tax purposes: The definition of "agricultural and livestock products" includes crops grown within a CEA facility in a raw or unprocessed state for human or livestock consumption excluding marijuana or any other nonfood crop agricultural products; The definition of "agricultural equipment" that is used on the farm or ranch or in a CEA facility includes any personal property within a facility, whether attached to a building or not, that is capable of being removed from the facility, and is used in direct connection with the operation of a CEA facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and On and after January 1, 2023, but prior to January 2, 2028, agricultural equipment that is used in any CEA facility is exempt from the levy and collection of property tax. Under section 3 of the act, a CEA facility is valued for assessment purposes as all other agricultural property using the cost, market, and income approaches to value. If the sole use of the CEA facility is not the growing of crops for human or livestock consumption, then the property is classified and valued for assessment purposes based on actual use. Under section 3, as part of the personal declaration that the owner of a CEA facility signs and returns to the county assessor, the act requires the owner to include an affidavit executed by the owner in which the owner affirms that the CEA facility meets the requirements for such a facility as specified in the act. If the crop grown in the CEA facility is hemp, the owner must also include a copy of a license to verify to the assessor that the crop is not marijuana . Section 3 is repealed, effective July 1, 2029.(Note: This summary applies to this bill as enacted.)
Under existing law, the court reminder program (program) provides reminders to criminal defendants and juveniles who have been alleged to have committed a delinquent act (collectively, "defendants") to appear at each of their scheduled court appearances. The act requires every defendant to be automatically enrolled in the program and allows a defendant to opt out of the program. The act clarifies that defendants alleged to have committed traffic offenses are enrolled in the program. The program must use the best contact information available to the courts and provide at least 3 reminders, including one reminder the day before the court appearance. For court appearances that can be attended virtually, the final reminder must include a link to the virtual court appearance. The program must send reminders by text message, but may use another method if a defendant is unable to receive text messages. The program is required to track the number of defendants that opt out of the program and to implement or recommend changes to improve participation. The judicial department is required to report information regarding reminders sent by methods other than text message. The act requires the state court administrator to convene a working group to study best practices in court reminders, assess the effectiveness of the program, and recommend appropriate changes to the program to the state court administrator. In its annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing, the judicial department is required to present the recommendations made by the working group, whether the recommendations were implemented, and the rationale for implementing or rejecting any recommendation. Because defendants are automatically enrolled in the program, the act repeals provisions related to notifying defendants of the opportunity to enroll in the program. The act appropriates $74,713 to the judicial department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.)
The act grants immunity from the charge of prostitution, soliciting for prostitution, or prostitute making display or an equivalent municipal offense (prostitution offense) to a person who seeks assistance from a law enforcement officer, the 911 system, or a medical provider for a victim or as a victim of a violent crime or offense (crime) if the evidence for the charge of a prostitution offense was obtained as a result of the person seeking assistance or as a result of the need for assistance. A person who receives immunity for a prostitution offense is not immune from prosecution for other offenses, and a district attorney or law enforcement officer may obtain or use evidence obtained from a report, recording, or other statement provided as a result of the initial prostitution offense to prosecute any other offense. For the purposes of the act, "person" is defined as the victim of a crime, a person who is a victim of human trafficking for sexual servitude, or a witness to a crime. The act sets forth the applicable violent crimes or offenses. (Note: This summary applies to this bill as enacted.)
Based on the findings and recommendations of the committee on legal services, the act extends all state agency rules that were adopted or amended on or after November 1, 2020, and before November 1, 2021. (Note: This summary applies to this bill as enacted.)
The act creates specific elements for public benefits theft in the theft statute. A person commits public benefits theft when a person intentionally misrepresents or withholds a material fact for determining eligibility, and does so for the purpose of obtaining or retaining public benefits for which the person is not eligible. A person's conduct that is limited to the elements of public benefits theft is not subject to prosecution pursuant to any other provision of the theft statute. (Note: This summary applies to this bill as enacted.)