Rep. Julie McCluskie

Current law repeals the forest health advisory council, which was created within the Colorado state forest service, on September 1, 2021, subject to sunset review. The act repeals the forest health advisory council and creates the Colorado forest health council within the division of forestry within the department of natural resources and specifies the new council's membership and duties. The council is scheduled for sunset review in 2026.(Note: This summary applies to this bill as enacted.)

On July 1, 2021, the state treasurer is required to transfer $124 million from the general fund to the state highway fund.(Note: This summary applies to this bill as enacted.)

Currently, 50% of state severance tax revenues are deposited into the severance tax trust fund, which is then typically split between the severance tax perpetual base fund (perpetual base fund) and the severance tax operational fund (operational fund). Money in the operational fund is currently used for core departmental programs and, if there are sufficient available revenues, for transfers to funds that support natural resources and energy grant programs (grant program transfers). The act repeals the grant program transfers, with some, but not all, of the recipient programs receiving alternative funding from severance tax revenues.Subject to annual appropriation, the Colorado water conservation board is authorized to direct the state treasurer to transfer money from the perpetual base fund to the water supply reserve fund, the interbasin compact committee operation fund, and the water efficiency grant program cash fund, all of which previously received grant program transfers. The general assembly is authorized to directly appropriate or transfer money into the perpetual base fund and the water supply reserve fund.If less than 100% of the money available in the operational fund is used for the current core departmental programs, then, the general assembly may appropriate money from the operational fund to the species conservation trust fund, the division of parks and wildlife aquatic nuisance species fund, and the conservation district grant fund, all of which previously received grant program transfers. The transfers from the operational fund are subject to the same limits that they had as grant program transfers. On June 30, 2021, and July 1, 2022, the state treasurer is required to transfer $9,456,005 from the general fund to the operational fund. The director of the office of state planning and budgeting and the executive directors of the departments of revenue, natural resources, education, and local affairs, or their designees, are required to review and analyze various elements of the state severance tax and submit written recommendations for any changes to the joint budget committee. Stakeholders will be involved in the process and may submit responsive comments to the recommendations.The act also requires metropolitan districts created after July 1, 2021, to annually pay the state an amount equal to the total of all severance tax ad valorem credits claimed for property taxes that are imposed by the metropolitan district. This money will be allocated like severance tax revenues.(Note: This summary applies to this bill as enacted.)

Current law limits the content areas in which a person who holds an adjunct instructor authorization may teach. The act allows a school district or charter school to employ a person who holds an adjunct instructor authorization to teach in all content areas in order to address recruiting challenges and establish a diverse workforce.The act requires the department of education (department) to direct resources to publicize existing teacher preparation programs to facilitate entry into the teaching profession. The act also requires the department to provide technical support to school districts, boards of cooperative services, and charter schools to assist them in accessing the existing programs and in recruiting individuals to pursue teaching careers.The act requires the department of higher education, in collaboration with the department of education, the state board for community colleges and occupational education, and the deans of the schools of education and academic administrators in Colorado institutions of higher education, or their designees, to design a teaching career pathway for individuals to enter the teaching profession. The act outlines the components of the teaching career pathway program.The act creates the teacher recruitment education and preparation program (TREP program) in the department. Two of the main objectives of the TREP program are to increase the number of students entering the teaching profession and to create a more diverse teacher workforce to reflect the ethnic diversity of the state. A qualified TREP program participant may concurrently enroll in postsecondary courses in the 2 years directly following the year in which the participant was enrolled in the twelfth grade of a local education provider. The act outlines the selection criteria and requirements for the TREP program.The act creates the educator recruitment and retention program (ERR program) in the department to provide support to members of the armed forces, nonmilitary-affiliated educator candidates, and local education providers to recruit, select, train, and retain highly qualified educators across the state. The state board of education shall promulgate rules to implement the ERR program. The act outlines the eligibility criteria and program services.The act adds criteria for the commission on higher education to select eligible applicants for the educator loan forgiveness program.The act requires the university of Colorado health and sciences center to establish and operate an educator well-being and mental health program to provide support services for educators serving students in Colorado's public elementary and secondary schools.For the 2021-22 state fiscal year, $9,132,856 is appropriated from the general fund to the department of education to implement the act. For the 2021-22 state fiscal year, $942,542 is appropriated from the general fund to the department of higher education to implement the act. For the 2021-22 state fiscal year, $2,500,000 is appropriated from the general fund to the educator loan forgiveness fund. The department of higher education is responsible for the accounting related to the appropriation for the educator loan forgiveness fund.(Note: This summary applies to this bill as enacted.)

The act makes changes to the "Public school finance act of 1994" (school funding formula) increasing the statewide base per pupil funding for the 2021-22 budget year by $141.67 to account for inflation of 2% for a new statewide base per pupil funding amount of $7,225.28, and sets the minimum statewide district total program funding amount for the 2021-22 budget year and requires the dollar amount of the budget stabilization factor to remain the same for the 2022-23 budget year.The act authorizes the state board of education (state board) to take action against an educator license, certificate, endorsement, or authorization if the educator is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18, Colorado Revised Statutes.The act extends to 18 months the length of the accreditation contract entered into between the state board and each school district board of education (local school board) and the state charter school institute for the 2021-22 school year.The act extend by one month the deadline for a local school board to certify to the state board mileage for reimbursement from the public school transportation fund and for the state board to certify to the state treasurer the amount of reimbursements from the public school transportation fund.The act changes the period of time in which the department of education (department) may establish an alternative pupil count day to within 45 school days after the first school day.The act allows local education providers to carry forward more than 15% of the per-pupil intervention money received pursuant to the "Colorado READ Act" for the 2020-21 budget year for use in the 2021-22 budget year.The act adjusts the amount of additional funding authorized in Senate Bill 21-053 that is available to school districts that fully fund total program with local revenue.The act authorizes a school district that operated a district preschool program pursuant to the "Colorado Preschool Program Act" in the 2019-20 school year with a waiver to serve children under 3 years of age to continue in subsequent school years to use the same number of preschool positions to serve children under 3 years of age who have multiple significant family risk factors.The act extends the budget deadlines for the 2021-22 budget year for school districts and local college districts.The act makes permanent statutory provisions that allow school district charter schools that convert to institute charter schools or institute charter schools that convert to school district charter schools to continue to receive funding for at-risk students using the funding formulas that applied to the charter schools prior to the conversion.For the 2021-22 school year, the act prohibits a local school board from reviewing or making revisions to an existing innovation school plan, innovation school zone, or a public school included in an innovation school zone, pursuant to the innovation school and zone review and revision process. Further, the local school board shall not make any revisions to an existing innovation school or innovation school zone plan that have not been approved before the effective date of this act.The act removes the $10 million annual cap on appropriations for the school counselor corps grant program.The act requires a board of cooperative services (BOCES) that intends to locate or operate a authorize a full-time BOCES school or an additional location of an existing school that is physically located within the geographic boundaries of a school district that is not a member of the BOCES during the 2021-22 school year to obtain written permission from the school district in which the school will be operated or located. The requirement for written consent does not apply to a BOCES school that is authorized or operating prior to the effective date of the act.The act requires school districts and institute charter schools to address chronic absenteeism and disproportionate disciplinary practices in order to provide support to students who are identified as at risk of chronic absenteeism and disciplinary actions, including classroom removal, suspension, and expulsion. The act amends the expelled and at-risk student services grant program to focus on services for students identified as at risk of dropping out of school due to chronic absenteeism and disciplinary actions.The act amends the Colorado imagination library program to align the public relations campaign with "Colorado READ Act" campaigns and requires the contractor administering the program to provide a high-quality independent evaluation of the impact of the program on child and family outcomes and to establish a distressed affiliate fund for county-based affiliate programs. The act establishes the intent of the general assembly to provide full funding for free books for eligible children by 2026. The act amends the definition of "local public body" in the public open meetings statute to refer to school districts, which are the local public bodies, rather than school boards. The act declares that the use of federal funding under the "American Rescue Plan Act of 2021" to provide programs, services, and other assistance to populations disproportionately impacted by the COVID-19 public health emergency to mitigate the impacts of the public health emergency through the concurrent enrollment and innovation grant program and the career development success program are allowable uses of the federal funding.The act declares the general assembly's intention in making changes to the school finance formula commencing with the 2021-22 budget year, as follows:Modifies at-risk funding by adding pupils who are eligible for reduced-price lunch under the federal school lunch program, in addition to the free-lunch pupils in the existing definition, and removes the subset of English language learners who are currently included in the at-risk pupil count from the definition of "at-risk pupils"; Adds a new English language learner funding factor to the school finance formula for all English language learners included in the prior year's pupil enrollment. The factor is 8% of per pupil funding multiplied by the English language learner enrollment. as defined in the act. Makes corresponding changes to the calculation of district total program funding, minimum per pupil funding, and the minimum per pupil funding base to reflect the school finance formula changes relating to English language learner factor funding; and Makes a corresponding change to the statutory district total program amount to reflect the changes to the at-risk funding factor and the addition of the English language learner funding factor. The act authorizes the use of appropriations for the accelerating students through concurrent enrollment (ASCENT) program for the 2021-22 budget year.The act removes the $27 million appropriation in the 2021 long bill from the state education fund to the English language learners professional development and student support program.The act appropriates:$505,743,696 to the department from the general fund for the state share of districts' total program funding; $400,000 from the state public school fund for school finance audit payments; $2,000,000 from the state education fund for the school counselor corps grant program; $2,200,444 from the general fund to the department to restore funding to the following grant programs that had appropriations reduced or eliminated for the 2020-21 fiscal year: $800,000 and 0.6 FTE for the ninth grade success program; $375,807 for the school leadership program; $280,730 for the accelerated college opportunity exam fee grant program; $250,000 and 0.3 FTE for the John W. Buckner automatic enrollment in advanced placement courses grant program; and $493,907 and 0.4 FTE for the local accountability systems grant program. $2,500,000 from the marijuana cash tax fund and 1.0 FTE for the K-5 social and emotional health pilot program; $3,000,000 from the marijuana cash tax fund for the behavioral health care professional matching grant program; $2,000,000 for mill levy equalization for institute charter schools; $1,750,000 to the concurrent enrollment expansion and innovation grant program and $1,750,000 for the career development success program from federal money in the workers, employers, and workforce centers cash fund; and $410,221 to the department from the general fund for the Colorado imagination library program.(Note: This summary applies to this bill as enacted.)

Current law allows renewal of a driver's license by mail only every other renewal period. The act eliminates this restriction and allows renewal by mail only if the photo of the person that is on file with the department of revenue (department) is at least as recent as required by federal law.Under current law, to renew a driver's license by mail, a person who is under 66 years of age must attest under penalty of law that the person has had an eye examination within the preceding 3 years. A person who is 66 years of age or older must obtain a signed statement from an optometrist or ophthalmologist attesting that the person has had an eye examination within the last 6 months and attesting to the results of the examination. For both of these requirements, the act changes the threshold from 66 to 80 years of age. The act also requires a person who is under 80 years of age and renewing by mail to attest that the person has had an eye examination within one year before the renewal.Current law allows electronic renewal of a driver's license only for drivers who are 21 to 65 years of age and only for 2 consecutive driver's license renewal periods. The act eliminates the upper age limit for electronic renewal and the renewal period restriction and allows a person to renew a driver's license electronically only if the photo of the person that is on file with the department is at least as recent as required by federal law.Current law requires a person renewing a driver's license electronically to attest under penalty of law that the person has had an eye examination within the preceding 3 years. The act requires a person who is under 80 years of age and renewing electronically to attest that the person has had an eye examination within one year before the renewal. A person who is 80 years of age or older and renewing electronically must obtain a signed statement from an optometrist or ophthalmologist attesting that the person has had an eye examination within the preceding 6 months and attesting to the results of the examination.Current law allows an applicant to renew an identification card electronically if the applicant is 21 to 64 years of age. The act allows applicants who are 65 years of age or older to renew an identification card electronically.Under current law, the department may not issue a driver's license to a person under 18 years of age unless the person has submitted a log or other written evidence certifying that the person has completed a minimum amount of actual driving experience, and the form must be signed by the person who signed an affidavit of liability for the person. The act allows this form to be signed by the person's parent or guardian or by a responsible adult.The act requires the department, on or before June 1, 2022, and on or before June 1 each of the next two years thereafter, to provide to the general assembly a report concerning motor vehicle accidents in Colorado, which report includes data, organized by the age of each at-fault driver, concerning the cause of each such accident, including data related to driver actions and the most apparent human contributing factor of each accident.(Note: This summary applies to this bill as enacted.)

The act removes the residency requirements for student members to serve on the board of trustees for Western Colorado university.(Note: This summary applies to this bill as enacted.)

Under current law, public funds cannot be used to pay for an abortion, except in cases of life endangerment and in cases of rape or incest for medicaid-eligible women. If every reasonable effort is made to preserve the life of the pregnant woman and unborn child, then public funds may be used for medically necessary services. The medically necessary services must be performed only in a licensed health care facility and only by a licensed physician. The act removes these requirements and allows medically necessary services to be performed by a provider who is licensed by the state and acting within the scope of the provider's license and in accordance with applicable federal regulations.(Note: This summary applies to this bill as enacted.)

Under current law, the general fund reserve is equal to 2.86% of the amount appropriated for expenditure from the general fund for the fiscal years 2020-21 and 2021-22 and 7.25% of the amount appropriated for the fiscal year 2022-23 and each fiscal year thereafter. The act increases the percentage used to determine the general fund reserve as follows:13.4% for the fiscal year 2021-22; and 15% for the fiscal year 2022-23 and each fiscal year thereafter.(Note: This summary applies to this bill as enacted.)