The act removes the requirement that the state department of human services (department) implement a behavioral health capacity tracking system and make available to the public appropriate information from the capacity tracking system, unless money is appropriated for the system. The act removes the requirement that the department implement a care navigation program to assist engaged clients in obtaining access to treatment for substance use disorders, unless money is appropriated for the program. The act requires the department to report to the general assembly if the care navigation program is implemented. For the 2020-21 fiscal year, the act reduces the appropriation from the marijuana tax cash fund, created in section 39-28.8-501, to the department of human services by $546,013. (Note: This summary applies to this bill as enacted.)
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The act limits to 2% the annual increase in the general fund share of per diem rates to nursing facilities for the 2020-21 and 2021-22 state fiscal years. For the 2020-21 fiscal year, the act decreases the general fund appropriation to the department of health care policy and financing for medical services premiums by $3,288,230, with an anticipated corresponding decrease in federal funds of $3,722,921. (Note: This summary applies to this bill as enacted.)
The act makes various changes and additions to the existing "Mobile Home Park Act" and "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). The time a home owner has to cure certain instances of noncompliance is increased from 30 days to 90 days, and this 90-day period to cure runs concurrently with the period to sell the mobile home or remove it from the premises, which is increased from 60 to 90 days. The act restates, with amendments, the permissible reasons for which management may terminate a home owner's tenancy and the notice requirements associated with a termination. Currently, management may terminate a home owner's tenancy if the homeowner's conduct constitutes an annoyance to other homeowners or interference with management. The act eliminates this as a permissible reason for termination of tenancy. When a landlord intends to change the use of the land on which a park sits, and the change will result in eviction of the home owners, the amount of prior notice that the landlord is required to provide to the home owners is increased from 6 months to 12 months. A notice to quit tenancy and a notice of nonpayment of rent must include language notifying a home owner of the home owner's right to file a complaint through the program. Currently, management may charge an amount up to 2 month's rent as a security deposit for a multiwide unit. The act reduces the amount to no more than one month's rent. The act clarifies management's duties concerning maintenance and repair of a park and creates new duties relating to the maintenance and repair of water, sewer, and other utility service lines or related connections. Management must annually provide certain information concerning water usage and billing to home owners and post the information in a clearly visible location in at least one common area of the park. If management charges home owners for water usage in the park, management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if management purchases the water from a provider, the total amount paid by management to the provider. The act prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. An action by management is presumed to be retaliatory if the action was taken within 120 days after the home owner made an effort to secure or enforce the home owner's rights, and management may rebut a presumption of retaliation with sufficient evidence that an action was taken against the home owner for a nonretaliatory purpose. The act allows management to add or amend rules and regulations only after acquiring the consent of each home owner or after providing written notice of the amendment to each home owner at least 60 days before the amendment becomes effective. A home owner may file a complaint challenging a rule, regulation, or amendment pursuant to the program within 60 days after receiving the notice. If a home owner files a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount equal to or exceeding 10% of the home owner's monthly rent obligation under the rental agreement, management may not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced. The act requires management to respect the privacy of home owners. Management has a right of entry to the land upon which a mobile home is situated for the maintenance of utilities and to ensure compliance with applicable codes, statutes, ordinances, administrative rules, rental agreements, and the rules of the community. A landlord shall not make entry in a manner that interferes with a home owner's peaceful enjoyment of the land except in the case of an emergency. Except when posting notices that are required by law or by a rental agreement, management shall make a reasonable effort to notify a home owner of management's intention to make entry at least 48 hours before making entry. (Note: This summary applies to this bill as enacted.)
The act redirects a portion of tobacco litigation settlement moneys (settlement moneys) to the general fund for state fiscal year (FY) 2020-21 by: Transferring $20 million of settlement moneys received during FY 2019-20 to the general fund and offsetting the $20 million reduction in the amount of such settlement moneys available for allocation in FY 2020-21 to the programs that receive settlement moneys by allocating to the programs in FY 2020-21 $20 million of settlement moneys to be received by the state in FY 2020-21 that would otherwise be allocated in FY 2021-22; Removing $2,000,130 of settlement moneys received in excess of projections during FY 2019-20 from the base amount used to calculate the statutory allocations of settlement moneys to various programs; Reducing the statutory allocations of settlement moneys: For the tobacco settlement defense account of the tobacco litigation settlement cash fund (litigation account) from 2.5% to 0.75% of the settlement moneys; and For the state dental loan repayment program by $160,717; Requiring all settlement moneys received during FY 2019-20 that are not allocated for state fiscal year 2020-21 under the modified statutory allocation formula to be transferred to the general fund on July 1, 2020; Requiring additional July 1, 2020, transfers to the general fund of settlement moneys previously credited to cash funds that receive statutory allocations of settlement moneys as follows: $8 million from the tobacco settlement defense account; $4,237,375 from the nurse home visitor program fund; and $3 million from the Colorado state veterans trust fund.(Note: This summary applies to this bill as enacted.)
The act makes revisions to the higher education funding provisions creating a new higher education funding allocation model (new funding model). The new funding model begins in the 2021-22 state fiscal year and includes new provisions for calculating fee-for-service contracts for institutions and makes related changes to the calculation of state funding to support specialty education programs, area technical colleges, and local district colleges. Under the new funding model, fee-for-service contracts for institutions are based on 3 components: Ongoing additional funding, performance funding, and temporary additional funding. The Colorado commission on higher education (commission), in conjunction with the department of higher education (department) and in collaboration with the institutions, shall calculate and make funding recommendations to the joint budget committee for these components as part of the annual budget request process. Ongoing additional funding is base building and may be awarded to an institution to make progress toward the commission's master plan goals, which may include addressing base funding disparities or funding priorities not addressed through performance funding metrics. An institution may also receive ongoing additional funding through a formula set forth in the act to recognize an institution's additional costs associated with educating and providing services to first-generation undergraduate students. Performance funding is calculated based on an institution's change over time in performance on each performance funding metric compared to other institutions' change in performance and adjusted based on each institution's share of funding in the previous state fiscal year. The performance funding metrics include: Resident student full-time equivalent enrollment; Credential completion; Resident Pell-eligible student population share; Resident underrepresented minority student population share; Retention rate; One-hundred-percent-of-time graduation rate; One-hundred-fifty-percent-of-time graduation rate; and Resident first-generation undergraduate student population share. The joint budget committee determines the amount of funding allocated to each performance funding metric for a fiscal year after considering recommendations from the commission and department that are developed in collaboration with the institutions. Finally, temporary additional funding, which is not base building, may be awarded to an institution for a specified period of time to address commission master plan goals or other areas the commission identifies. Under current law and the new model, minimum funding for specialty education programs, local district colleges, and area technical colleges is based on their previous year's funding, increased or decreased by the average percentage change in state funding for all institutions (percentage change). However, the act modifies how the percentage change is calculated so that it does not include amounts awarded to institutions for ongoing additional funding or temporary additional funding in the applicable state fiscal year. The act requires the annual budget request that the commission and the department submit relating to the new funding model to include detailed information and funding recommendations. The act also requires the commission, in conjunction with the department and in collaboration with the institutions, to identify and make recommendations to the joint budget committee by July 1, 2022, concerning ways to better measure success for students who are not first-time, full-time students. This may include a recommendation for a statutory change to the calculation of one of the graduation rate performance funding metrics. The act repeals fiscal limits, reporting requirements, and budget provisions that do not apply to the new funding model. The act amends statutory references to reflect the creation of a new higher education funding model. (Note: This summary applies to this bill as enacted.)
Beginning when the higher federal match afforded through the federal "Families First Coronavirus Response Act" expires, the act reduces the adult dental benefit so that it does not exceed $1,000 per year for a participant. From the savings from the reduction of the adult dental benefit in the medical assistance program, the act transfers $1,139,402 from the unclaimed property trust fund to the general fund in the 2020-21 fiscal year and $2,278,804 in the 2021-22 fiscal year. Furthermore, the act requires $331,462 to be appropriated from the healthcare affordability and sustainability fee cash fund to offset general fund expenditures for the state medical assistance program. (Note: This summary applies to this bill as enacted.)
The act removes the requirement that the department of health care policy and financing and the department of human services implement high-fidelity wraparound services for children and youth at risk of out-of-home placement or in an out-of-home placement unless money is appropriated for the implementation of the services. The act removes the requirement that the department of public health and environment provide statewide training for primary care providers on the standardized screening tools unless money is appropriated for the training. The act reduces appropriations to the department of health care policy and financing and the department of human services. (Note: This summary applies to this bill as enacted.)
Current law authorizes the general assembly to appropriate money to the state historical society from the museum and preservation operations account of the state historical fund to pay for history Colorado certificates of participation. The act allows money to also be appropriated from the general fund or any other available fund. On October 1, 2019, the state treasurer transferred $1 million from the preservation grant program account in the state historical fund to the capital construction fund to repaint the interior of the dome of the state capitol building. The act transfers the unencumbered portion of that amount on July 1, 2020, from the capital construction fund to the museum and preservation operations account in the state historical fund. The state historical society is authorized to direct the state treasurer to transfer up to $1 million from the preservation grant program account in the state historical fund to the museum and preservation operations account for each of the 2020-21 and 2021-22 state fiscal years. (Note: This summary applies to this bill as enacted.)
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.)