Certain employers of firefighters are currently required to maintain insurance to provide benefits to a firefighter if he or she has a heart and circulatory malfunction in connection with a stressful or strenuous activity related to an emergency response activity. In addition, certain employers of firefighters may make contributions into a multiple employer health trust established to provide benefits to volunteer firefighters diagnosed with certain covered cancers. The act adds the division of fire prevention and control in the department of public safety (division) to the definition of "employer" for the purpose of providing benefits for a heart and circulatory malfunction and to the definition of "employer" for the purpose of providing benefits for certain covered cancers. In addition, the act expands the definition of "state trooper" for purposes of the public employees' retirement association to include all current and future employees of the division that are classified as a firefighter I through firefighter VII class titles. For the 2020-21 state fiscal year, various amounts are appropriated from the general fund, cash funds, federal funds, and reappropriated funds to the department of health care policy and financing, the department of public health and environment, and the department of public safety for the implementation of the act. (Note: This summary applies to this bill as enacted.)
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The act addresses the authority of the state government to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS). Section 1 of the act addresses when PFAS may be used for firefighting foam system testing both in general and in certain aircraft hangars. Section 2 requires the solid and hazardous waste commission to promulgate rules for both a certificate of registration for any facility, fire department, or lessee subject to federal rules and regulations that uses or stores PFAS in its operations and for standards for the capture and disposal of PFAS. Section 3 prohibits the use of class B firefighting foam that contains intentionally added PFAS in certain aircraft hangars beginning January 1, 2023. The act appropriates $43,836 from the hazardous waste service fund to the department of public health and environment for use by the hazardous materials and waste management division. (Note: This summary applies to this bill as enacted.)
The act requires the executive director of the department of revenue to collect a fee equal to $25 per truckload for every manufacturer of fuel products who manufactures such products for sale within Colorado or who ships such products from any point outside of Colorado to a distributor within Colorado and every distributor who ships such products from any point outside of Colorado to a point within Colorado. This fee is used primarily to: Fund the perfluoroalkyl and polyfluoroalkyl substances (PFAS) cash fund; Support the department of transportation in functions related to the administration of hazardous materials and safe and efficient freight movement and infrastructure in the state as well as infrastructure projects that enhance the safety of movement of freight and hazardous materials; and Support the Colorado state patrol in the regulation of hazardous materials on highways in the state. The executive director of the department of revenue stops collecting the fee for a fiscal year once he or she has collected $8 million of these fees for that fiscal year. The act creates the PFAS cash fund, which is used to fund the PFAS grant program, fund the PFAS takeback program, and provide technical assistance in locating and studying PFAS to communities, stakeholders, and regulatory boards or commissions. The act creates the PFAS grant program. The grant program provides funding for the sampling, assessment, and investigation of PFAS in ground or surface water; water system infrastructure used for the treatment of identified perfluoroalkyl and PFAS; and emergency assistance to communities and water systems affected by PFAS. The act creates the PFAS takeback program. The takeback program is used to purchase and dispose of eligible materials that contain PFAS. The act also requires the department of public health and environment to report to the general assembly annually on the use of the PFAS cash fund and the administration of the PFAS grant program and takeback program. The act also creates new civil penalties for owners or operators of storage tanks at gasoline dispensing facilities who violate requirements to maintain a vapor collection system and for owners and operators of gasoline dispensing facilities who violate requirements to maintain records. Lastly, the act requires stakeholders from gasoline dispensing facilities and gasoline transport truck companies to collaborate with the division of administration in the department of public health and environment in creating maintenance guidelines to assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations. For the 2020-21 state fiscal year, the act appropriates $39,769 to the department of revenue from the general fund. From this appropriation, the department of revenue may use $24,750 for tax administration IT system support, $12,600 for the taxation and compliance division for personal services, and $2,419 for the taxpayer service division for the fuel tracking system. For the 2020-21 state fiscal year, the act also appropriates $1,552,558 from the hazardous materials safety fund to the department of public safety for use by the Colorado state patrol for the hazardous materials safety program. (Note: This summary applies to this bill as enacted.)
The act creates the occupational credential portability program (program) in the division of professions and occupations within the department of regulatory agencies, which permits a member of a regulated profession or occupation from another jurisdiction to obtain licensure, certification, registration, or enrollment in the profession or occupation in this state by endorsement, reciprocity, or transfer. The program is available to members of business and health care professions and occupations regulated by the division and the regulatory boards in the division for which licensure, certification, registration, or enrollment by endorsement is permitted under current law; except that the following professions and occupations are specifically excluded from the program: Combative sports; Electricians; Fantasy contests; Mortuaries and crematories; Nontransplant tissue banks; Outfitters and guides; Passenger tramway operators; Plumbers; Private investigators; Direct-entry midwives; and Surgical assistants and surgical technologists. Under the program, the director of the division and most regulatory boards and commissions within the division (regulators) are required to strive to reduce certification, registration, licensure, and enrollment barriers for applicants and to adopt rules to establish the program in the least burdensome way necessary to protect the public. The act also relocates the existing occupational credential exemption for military spouses to the new occupational credential portability program and modifies the exemption by specifying that the exemption is valid for 3 years and applying the exemption to all members of business and health care professions and occupations regulated by the division and the regulatory boards in the division. (Note: This summary applies to this bill as enacted.)
Wildfire Matters Review Committee. The bill establishes the wildfire mitigation resources and best practices grant program (grant program) within the division of local government in the department of local affairs. Grant recipients use grant money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. The grant program only awards grants to applicants conducting outreach to landowners in high wildfire hazard areas and prioritizes applications based on the potential impact of the applicant's proposed outreach. The bill also extends the increased wildfire mitigation income tax deduction that allows a landowner to claim 100%, rather than 50%, of the costs they incur in performing wildfire mitigation measures. (Note: This summary applies to this bill as introduced.)
Under existing law, there is a presumptive range of fines for traffic misdemeanors and traffic infractions (traffic offenses) and there are specified fines and surcharges for certain traffic offenses. The bill increases the presumptive ranges of fines for traffic offenses and increases specified fines and surcharges for certain traffic offenses. The bill requires that 25% of the fine collected for a traffic misdemeanor and 50% of the fine collected for a traffic infraction be transmitted to the county in which the violation occurs. Counties are permitted to use the money for traffic safety improvements, traffic enforcement, prosecution of traffic violations, or any other use consistent with the state constitution. Under existing law, driving without a valid driver's license or instruction permit or driving a vehicle for which a person has not been issued the correct type or class of license is a class 2 traffic misdemeanor. The bill reclassifies those offenses as class A traffic infractions. Under existing law, operating or permitting the operation of a motor vehicle or low-power scooter without an insurance policy in effect or failing to present evidence of insurance following an accident or when asked to do so by a peace officer is a class 1 traffic misdemeanor. The bill reclassifies a first violation of each of those offenses as a class A traffic infraction punishable by a $500 fine. A court must reduce the fine to $250 upon a showing that the person has appropriate insurance. A second or subsequent violation within 5 years remains a class 1 traffic misdemeanor and is punishable by a $1,000 fine that may not be reduced by the court. (Note: This summary applies to this bill as introduced.)
The bill requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on July 1, 2021, for in-county arrestees and July 1, 2022, for out-of-county arrestees. The bill creates the position of a bond hearing officer to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. The bill creates the county assistance for bond hearings grant program, which will allow the state court administrator to provide grants to counties to purchase or upgrade audiovisual devices to allow jails and district attorneys to connect with the court to allow remote audiovisual bond hearings.(Note: This summary applies to this bill as introduced.)
The bill makes an offender serving a sentence in the department of corrections for a felony offense that was committed while the offender was 18 to 24 years of age eligible for parole after the offender serves 50% of the sentence and after the offender has served at least 15 calendar years in prison. There is a presumption, subject to the parole board's discretion, that the offender will be released on parole if the offender has not had any code of penal discipline violations in the last 5 years and no class I code of penal discipline violations in the last 10 years. The department of corrections operates a specialized program for offenders who are serving a prison sentence for a felony offense committed while the offender was a juvenile as a result of criminal charges filed by direct file or transfer proceedings. The bill would expand program eligibility to adults serving a sentence for a felony that was committed when the person was 18 to 24 years of age. (Note: This summary applies to this bill as introduced.)
The bill requires each judicial district to implement a pretrial release assessment process to assess arrested persons as soon as practicable but no later than 24 hours after admission to a detention facility. Each judicial district shall also adopt written criteria in an administrative order allowing for the immediate pretrial release of certain arrested persons on a summons or an unsecured personal recognizance bond without any monetary condition after a pretrial release assessment is completed and without an initial hearing before the court. The division of criminal justice in the department of public safety (DCJ) shall develop statewide standards and guidelines for the development of the pretrial release assessment process, the written criteria for immediate pretrial release, and standards for the setting of the type of bond and conditions of release. The DCJ shall also compile an inventory of approved pretrial risk assessment instruments available for use in Colorado. By October 1, 2022, and every October 1 thereafter, the DCJ shall evaluate the outcome of the bond setting process, including the type of bond set, the amount of any secured or unsecured monetary condition of bond, and any other conditions of release, if available, for bias on the basis of race, ethnicity, or gender by judicial district. Beginning April 1, 2021, if a person is not released without a monetary bond pursuant to an administrative order, the court shall hold a hearing as soon as practicable to determine bond and the conditions of release. The bill creates a presumption that a person will be released without any monetary conditions of release. The court is required to use specified criteria in determining the bond and conditions of release. The bill specifies the types of bond that the court can order including: An unsecured personal recognizance bond; An unsecured personal recognizance bond with additional nonmonetary conditions of release; A bond with a monetary condition; or A bond with secured real estate conditions. The bill specifies the required conditions of release and permissive conditions of release. The bill requires all counties to develop a pretrial services program by April 1, 2021, which is approved by the chief judge of the judicial district where the county is located. The pretrial services program shall use a pretrial risk assessment instrument approved by the DCJ. Each pretrial services program shall provide an annual report to the department of public safety, which shall provide a report to specified legislative committees. The bill creates a pretrial services fund to provide counties with funds to operate or assist in the operation of a pretrial services program. (Note: This summary applies to this bill as introduced.)
The bill requires the state department of human services (department) to conduct a statewide needs assessment of the services provided by veterans community living centers, including changes to services necessitated by changing demographics of the veteran population, the advantages and limitations of providing services through existing veterans community living centers, and alternative models of care for providing services to veterans. The department is required to submit the final assessment to the state, veterans, and military affairs committees of the house of representatives and the senate on or before December 1, 2020. The department may enter into an agreement with a third party to conduct the assessment. (Note: This summary applies to this bill as introduced.)