Rep. Leslie Herod

To avoid a fund deficit in the severance tax operational fund, the act reverses 5 transfers made from the fund to other cash funds after the fiscal year 2019-20. Specifically, the state treasurer is required to transfer the following amounts to the fund:$1,998,205 from the species conservation trust fund; $1,600,964 from the parks and wildlife aquatic nuisance species fund; $219,803 from the water efficiency grant program cash fund; $297,759 from the interbasin compact committee operation fund; and $3,996,410 from the water supply reserve fund.(Note: This summary applies to this bill as enacted.)

On June 1, 2022, the state treasurer is required to transfer $100 million from the marijuana tax cash fund to the public school capital construction assistance fund (BEST fund).(Note: This summary applies to this bill as enacted.)

An individual who owns a firearm must report the loss or theft of that firearm to a law enforcement agency within 5 days after discovering that the firearm was lost or stolen. A first offense for failure to make such a report is a civil infraction punishable by a $25 fine, and a second or subsequent offense is a misdemeanor punishable by a maximum $500 fine. The 5-day reporting requirement does not apply to a licensed gun dealer.Another person who is a member of the owner's family or who resides with the owner may report the lost or stolen firearm. If the other person reports the loss or theft of the firearm, the owner is not required to make a report. A report by another person is not an acknowledgment of firearm ownership.A person who reports a lost or stolen firearm is immune from criminal prosecution for an offense pursuant to state law related to the storage of firearms.The act requires a law enforcement agency that receives a report of a lost or stolen firearm to enter information about the lost or stolen firearm into the Colorado bureau of investigation crime information center database.(Note: This summary applies to this bill as enacted.)

The bill requires the state board of education to promulgate rules to standardize the reporting method for school districts and charter schools to report disproportionate discipline data to the department of education (department) and the federal department of education's biennial survey. The bill requires each school district and institute charter school to disaggregate reports of conduct and discipline violations by race, ethnicity, gender, status as a student with a disability, and socioeconomic status to the maximum extent possible in compliance with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. The bill also requires each school district and institute charter school to report the specific action taken in response to each discipline violation. The bill prohibits law enforcement officers from arresting students, or issuing a summons, ticket, or notice requiring the appearance of a student in court or at a police station for certain offenses and conduct. The bill also prohibits a school resource officer or law enforcement officer acting in their official capacity from handcuffing an elementary school student. The bill requires school districts and institute charter schools to adopt policies for selecting school resource officers if the school district or institute charter school elects to contract for one or more school resource officers. The bill requires each school district or institute charter school and the employing law enforcement agency to jointly create an evaluation process for school resource officers. Each school district or institute charter school and employing law enforcement agency shall enter into a memorandum of understanding to address issues such as strategies, procedures, and practices that minimize student exposure to the criminal and juvenile justice system; prioritization of strategies for enhancing student learning, safety, and well-being; and creation of a sustainable and successful balance between education and protecting students, teachers, and the school. The bill requires each school district board of education and each institute charter school to adopt a policy to report and address disproportionate disciplinary practices in public schools. Each school district and institute charter school shall develop, implement, and annually review improvement plans to address disproportionate discipline practices by race, ethnicity, gender, status as a student with a disability, and socioeconomic status based on the policy and disciplinary data reported to the department under the safe school reporting requirements. In implementing an improvement plan to address disproportionate discipline practices, each school district and institute charter school shall provide to the parents of the students enrolled in the school written notice of the improvement plan and issues identified by the department as giving rise to the need for the plan. The written notice must include the timeline for developing and adopting the improvement plan and the dates, times, and locations of the public meeting and a public hearing. The bill 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 bill 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. (Note: This summary applies to this bill as introduced.)

The act creates a program in the office of economic development and international trade (OEDIT) to support entrepreneurs in the marijuana industry, which will primarily assist social equity licensees, as that term is used in the "Colorado Marijuana Code". The program consists of:Loans to social equity licensees for seed capital and ongoing business expenses; Grants to social equity licensees to support innovation and job creation and organizations that support marijuana businesses to be used to support innovation and job creation of social equity licensees; and Technical assistance for marijuana business owners, prioritizing social equity licensees who have been awarded a loan or grant through the program. OEDIT is authorized to directly administer the program itself or through one or more partner entities. In consultation with other relevant state agencies, industry experts, and other stakeholders, OEDIT is required to establish policies setting forth the parameters and eligibility for the program. OEDIT is required to consult with the Colorado economic development commission regarding the administration of the program. OEDIT is also required to submit a report by July 1 of 2022 and 2023 to the governor and legislative committees detailing program expenditures.The program is initially funded with a $4 million transfer from the marijuana tax cash fund to the newly created marijuana entrepreneur fund, from which the money is continuously appropriated to OEDIT for the program. OEDIT may use some of this money for the program's administrative expenses. Beginning with the fiscal year 2022-23, the general assembly may appropriate additional money from the marijuana tax cash fund to the marijuana entrepreneur fund.(Note: This summary applies to this bill as enacted.)

The act modifies the requirement for the 2021-22 fiscal year that the annual appropriations for higher education student financial assistance increase by at least the same percentage as the aggregate percentage increase of all general fund appropriations to institutions of higher education. The act clarifies that this standard increase will not apply to appropriations for the 2021-22 fiscal year for increases in funding for the institutions of higher education that restore aggregate general fund appropriations to a level at or below the level of such appropriations for the 2019-20 fiscal year. Furthermore, for the 2021-22 fiscal year, the standard formula will be calculated based on 2020-21 fiscal year financial aid appropriations during the 2020 legislative session and does not include supplemental appropriations for financial aid during the 2021 legislative session.(Note: This summary applies to this bill as enacted.)

$30 million is transferred from the general fund to the state highway fund to provide additional funding for the department of transportation's revitalizing main streets and safer main streets programs.(Note: This summary applies to this bill as enacted.)

For the 2020-21 and 2021-22 state fiscal years only, the act allows the Auraria board to make payments on certain existing bonds for auxiliary facilities from other sources, including money contributed by constituent institutions and from money appropriated to the board by the general assembly.(Note: This summary applies to this bill as enacted.)

The act moves the COVID-19 relief program for minority-owned businesses from the minority business office to the Colorado office of economic development and expands the scope of the program to allow relief payments, grants, loans, and technical assistance and consulting support to small businesses disproportionately impacted by the COVID-19 pandemic.Additionally, the act extends the deadlines for allocating and distributing relief payments under the small business relief program.(Note: This summary applies to this bill as enacted.)