Sen. Kevin Priola

Current law limits, with some exceptions, the amount of nonalcohol products a retail liquor store may sell by limiting the amount of annual gross revenues derived from the sale of nonalcohol products to 20% of the store's total annual gross sales revenues. The bill adds fruit, vegetables, nuts, and meat, if not substantially modified, to the list of items a retail liquor store may sell without including the sales revenues from those products in the calculation of the 20% limit. These food items may be cut, canned, dried, frozen, shelled, or packaged.(Note: This summary applies to this bill as introduced.)

The act amends the high school innovative learning pilot program (ILOP) that authorizes school districts, district charter schools, and institute charter schools (local education providers) to count as full-time students high school students participating in innovative learning opportunities regardless of whether they meet the number of teacher-pupil instruction and contact hours for full-time enrollment. The act allows a school of a school district to participate in an ILOP with a district or independently and requires all applicants to demonstrate how their innovative learning plan disproportionately benefits underserved students.In selecting applicants to participate in the pilot program, the act requires the department of education (department) and the state board of education (state board) to consider whether the innovative learning plan includes opportunities for students to participate in registered or unregistered apprenticeships, internships, and technical training or skills programs through an industry provider, teacher training opportunities, concurrent enrollment, and industry certificates.Further, subject to available appropriations, the state board is encouraged to select up to 20 applicants and is not limited to choosing applicants that had part-time students in the prior year and that enroll fewer than 5,000 students.The act creates the fourth-year innovation pilot program (pilot program) in the department of higher education to disburse state funding to postsecondary education and training programs on behalf of low-income students who graduate early from a high school participating in the pilot program prior to enrolling in the fourth year of high school or prior to enrolling in the second semester of their fourth year in high school.The state funding awarded to a student graduating prior to enrolling in the fourth year of high school is equal to the greater of 75% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year, as calculated during the 2021 legislative session, or $3,500. The state funding for a student graduating prior to the second semester of their fourth year in high school is equal to the greater of 45% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year, as calculated during the 2021 legislative session, or $2,000. The state funding is disbursed to the postsecondary program on behalf of the eligible graduate and may be used for the eligible graduate's cost of attendance for the postsecondary program, as determined by the department of higher education. The local education provider from which the student graduated early prior to the fourth year of high school receives a portion of the state savings for school finance obligations due to the early graduation. An eligible graduate must enroll in a postsecondary program within 18 months after graduating or the state funding is forfeited.The act requires the department of higher education to report annually to the department, the governor's office of state planning and budgeting, the joint budget committee, and the education committees of the general assembly concerning certain information specified in the act relating to the pilot program. The act creates the fourth-year innovation pilot program fund for the pilot program. The pilot program repeals, effective December 31, 2027.For the 2021-22 state fiscal year, the act appropriates:$220,115 and 0.3 FTE to the department of education for the high school innovative learning pilot program; and $44,222 and 0.6 FTE to the department of higher education to implement the for the fourth-year innovation pilot program .(Note: This summary applies to this bill as enacted.)

Colorado law requires a person who moves to Colorado to register their motor vehicle within 90 days. The act requires a person who registers a vehicle after moving to Colorado to:Provide documentation of the vehicle's previous registration that contains the registration dates; Provide evidence of the date that the person became a Colorado resident unless the previous registration expired within 90 days before the owner applied to register the vehicle; and Pay the vehicle's registration taxes and fees that are prorated from the date the person became a Colorado resident to the date the person applied to register the vehicle unless the vehicle is used for interstate commerce or unless the owner registered the vehicle within 90 days after becoming a resident. The effect of these listed changes is that an owner who fails to register the vehicle within 90 days will be assessed back taxes and fees. The additional fees are transferred to the Colorado DRIVES vehicle services account in the highway users tax fund (DRIVES account) that implements the computer system used by the division of motor vehicles and the county clerks. The department of revenue will lower motor vehicle fees to offset the additional revenues. The allocation and use of the taxes does not change. When the amount credited to the DRIVES account exceeds the appropriation to the DRIVES account, the excess money is credited as follows:The first $7.5 million to the statewide bridge enterprise special revenue fund; and The remainder to the highway users tax fund. Before the act was passed, Colorado law exempted people with expired temporary tags from paying the late fees for failing to register a vehicle. The act repeals this exemption. The act also imposes prorated registration taxes and fees to capture missed revenue when a person fails to register a vehicle when required by law.Colorado law limits to 2 the number of temporary plates that may be issued for a vehicle used to transport persons or property over the roads. The purchaser or owner may get a third plate if necessary for title or lien documentation. The act requires the purchaser or owner to pay the vehicle's registration taxes and fees to get the third temporary plate. If the sale is not consummated, the person who attempted to purchase the vehicle is entitled to a 12-month credit toward a subsequent registration of another vehicle.For the 2021-22 state fiscal year, the act appropriates $160,200 from the DRIVES account for use by the division of motor vehicles to implement the act.(Note: This summary applies to this bill as enacted.)

Section 1 of the act authorizes the department of human services (department) to make fuel assistance payments to supplemental nutrition assistance program recipients to maximize their federal heating and cooling standard utility allowance. Money for the fuel assistance payments comes from a portion of the money collected from the energy assistance system benefit charge (charge), which is a monthly charge that investor-owned electric and gas utilities are required to collect from their customers. Money for the fuel assistance payments is credited to the supplemental utility assistance fund, which fund is continuously appropriated to the department.Section 2 removes the low-income energy assistance program administered by Energy Outreach Colorado (EOC) from the grant program reserve funded by tier 2 severance tax operational fund money.Section 3 clarifies that the definition of a "low-income utility customer", with regard to the public utilities commission's (PUC) consideration of a preference or advantage that a gas or electric utility grants a low-income utility customer, means a utility customer who meets the department's income eligibility criteria.Sections 4 and 5 make modifications to the legislative commission on low-income energy assistance, wherein section 4 expands the commission's scope to include water utility assistance and section 5 reduces the composition of the commission from 11 members to 7 members. Section 5 moves the commission from the department to the Colorado energy office (office) on May 1, 2022. Section 5 also requires the commission to:Advise the office on grants awarded from the federal department of energy regarding the office's weatherization assistance program; Advise water utilities that provide their customers with utility assistance and efficiency programs; and Review EOC's annual budget that it submits to the PUC regarding the use of funding for utility bill payment assistance. Section 6 updates the legislative declaration regarding low-income energy assistance with regard to the benefit of allowing all water utilities to participate voluntarily in a program to provide financial assistance to customers in low-income households.Sections 7, 8, and 10 to 12 concern the creation of the charge. From October 2021 through September 2022, the initial amount of the charge per customer is 50 cents for electric service provided and 50 cents for natural gas service provided, and, after September 2022, each is raised to 75 cents. Commencing October 1, 2023, the charge is adjusted for inflation. Investor-owned utilities are required to remit the charges collected to EOC to help finance low-income energy assistance programs. Additionally, each investor-owned utility is required to notify customers of:The possibility of exemption from paying the charge for a period of 12 months based on having received direct utility bill payment assistance from EOC in the previous 12 months; and Contact information for opting out of paying the monthly charge. EOC is required to allocate a portion of the money collected from the charge to the department for its fuel assistance payments and use another portion for EOC's community outreach about the charge, with the remainder of the money collected split between EOC and the office for helping to finance their energy assistance programs.Sections 9 and 13 concern voluntary, opt-in charges that a water utility may offer its customers to help finance the water utility bill payment assistance program that EOC administers. Alternatively, a water utility may implement its own water utility bill payment assistance program.Section 14 requires EOC and the office, when installing energy retrofits for low-income households, to prioritize customer savings, emission reductions, and improving indoor air quality.Section 15 governs reporting requirements for EOC and the office regarding use of the money collected from the charge and, for EOC, additional reporting requirements on voluntary, opt-in monthly water utility bill payment assistance collections.(Note: This summary applies to this bill as enacted.)

The act creates the natural disaster mitigation enterprise (enterprise). The enterprise is governed by a board of directors, imposes a fee on insurance companies that offer certain insurance policies or contracts, and uses the fee revenue to finance the natural disaster mitigation grant program and provide local governments technical assistance on natural disaster mitigation. The enterprise awards natural disaster mitigation grants to assist in the implementation of resilience and natural disaster mitigation measures and to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.Beginning July 1, 2023, the enterprise collects the fee annually from insurers that offer certain policies or contracts. For an insurer, the fee is equal to $2 multiplied by the number of certain policies or contracts of insurance held by the insurer that cover property or risks in the state. These policies include:Fire; Allied lines; Private crop; Farmers multiple peril; Homeowners multiple peril; and Commercial multiple peril. Insurers may recoup the cost of the fee from their policy holders, but insurers may not raise their premiums based on the fee.The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department of public safety is assigned regarding the grant program. Both the enterprise and the fee are repealed, effective January 1, 2030.(Note: This summary applies to this bill as enacted.)

The act specifies that:The license plates of a motor vehicle that is Class C personal property for purposes of the laws governing the levying of specific ownership tax and registration of vehicles expire upon the transfer of the owner's title or interest in the motor vehicle; except that the license plates do not expire if the motor vehicle has personalized number plates or plates with a valuable registration number that has been reserved for use under the "Laura Hershey Disability Support Act" (LHDSA); If either the expired license plates are personalized license plates or the owner wishes to continue to use the same combination of letters or numbers on the owner's expired license plates that were not originally issued as personalized license plates, the owner retains the priority right to use the combination of letters or numbers displayed on the expired license plates to the extent provided for in current law and may, after surrendering the expired license plates to the department of revenue (department), apply for personalized license plates that use the combination in the manner specified in current law when registering another motor vehicle; and The department shall approve any application for personalized license plates received from an individual who wishes to retain the same combination of letters or numbers displayed on the individual's expired license plates and who has surrendered the expired plates to the department unless the department determines that the combination is misleading or duplicates another registration number or that, due to evolving social mores, the combination, despite having previously been issued, carries connotations offensive to good taste or decency. Class C personal property includes passenger cars, noncommercial light trucks, and motorcycles. The act does not apply to the transfer or assignment of an owner's interest in Class C personal property that is a horseless carriage.The act also authorizes the department to issue license plates in the previously retired style that had white letters and numbers on a background of green mountains and a white sky to individuals who request such plates and requires the department to charge additional fees consisting of the existing personal license plate fee plus a fee of $25 for such plates. The $25 fee must be credited to the disability support fund for the purposes of the LHDSA.For the 2021-22 state fiscal year, $598,290 is appropriated to the division of motor vehicles in the department and $256,970 of the appropriation is reappropriated to the division of correctional industries in the department of corrections to implement the act.(Note: This summary applies to this bill as enacted.)

The act requires an off-highway vehicle to have a certificate of title in order to be transferred on or after July 1, 2023, unless the vehicle is exempt. Personal watercraft is added to the definition of off-highway vehicles, which requires registration.The act also exempts private transfers of off-highway vehicles from sales and use tax if the transfer occurred between individuals who are not dealers on or after July 1, 2014, and before July 1, 2023.Off-highway vehicle dealers are authorized to access the department of revenue's ownership and lienholder records to verify motor vehicle ownership and lienholding information to prevent fraud.Notwithstanding the requirement that an off-highway vehicle have a title to be transferred, the act authorizes a dealer to purchase an off-highway vehicle that was never titled if the dealer obtains an affidavit from the owner and the vehicle was:Privately transferred before July 1, 2023; or Used exclusively for agricultural purposes on private land. The act appropriates $45,887 for use by the division of motor vehicles and $53,422 for use by the Colorado state patrol to implement the act.(Note: This summary applies to this bill as enacted.)

During the 2020 regular legislative session, the general assembly enacted Senate Bill 20-123 concerning the rights of college athletes, and, in connection therewith, establishing their right to receive compensation for the use of their names, images, and likenesses and their right to obtain professional and legal representation. The governor subsequently signed Senate Bill 20-123 into law.Senate Bill 20-123 was enacted with an effective date of January 1, 2023. The act changes this effective date to July 1, 2021.(Note: This summary applies to this bill as enacted.)

The act requires a health benefit plan issued or renewed on or after January 1, 2023, to provide a cost-sharing benefit for nonpharmacological treatment where an opioid might be prescribed. The required cost-sharing benefit must include a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for nonpreventive services, at least 6 physical therapy visits, 6 occupational therapy visits, 6 chiropractic visits, and 6 acupuncture visits per year. The division of insurance (division) is required to submit to the federal department of human services a determination as to whether the cost-sharing benefit is in addition to an essential benefit and subject to defrayal by the state pursuant to federal law and a request for confirmation of the determination. The division is required to implement the benefit only if the benefit does not constitute an additional benefit that requires a defrayal.The act requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2023, for at least one atypical opioid that is approved by the federal food and drug administration (FDA) for the treatment of acute or chronic pain, which coverage must be at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization. Additionally, a carrier cannot require step therapy for any additional FDA-approved atypical opioids.The act precludes a carrier that has a contract with a physical therapist, occupational therapist, chiropractor, or acupuncturist from:Prohibiting the physical therapist, occupational therapist, chiropractor, or acupuncturist from, or penalizing the physical therapist, occupational therapist, chiropractor, or acupuncturist for, providing a covered person information on the amount of the covered person's financial responsibility for the covered person's physical therapy, occupational therapy, chiropractic services, or acupuncture services; or Requiring the physical therapist, occupational therapist, chiropractor, or acupuncturist to charge a covered person an amount or collect a copayment from a covered person that exceeds the total charges submitted to the carrier by the physical therapist, occupational therapist, chiropractor, or acupuncturist. The commissioner of insurance is required to take action against a carrier that the commissioner determines is not complying with these prohibitions.Current law limits specified prescribers from prescribing more than a 7-day supply of an opioid to a patient who has not obtained an opioid prescription from that prescriber within the previous 12 months unless certain conditions apply. This prescribing limitation is set to repeal on September 1, 2021.The act continues the prescribing limitation indefinitely.The also requires the applicable board for each prescriber to promulgate rules that limit the supply of a benzodiazepine, which is a sedative commonly prescribed for anxiety and as a sleep aid, that a prescriber may prescribe to a patient who has not had a prescription for a benzodiazepine in the last 12 months, except for benzodiazepines prescribed to treat specific disorders or conditions.The act continues indefinitely the requirement that a health-care provider query the prescription drug monitoring program (program) before prescribing an opioid, including a benzodiazepine, and changes current law to require the query on every prescription fill, not just the second fill. This section also requires a practitioner to query the program before prescribing a benzodiazepine unless it is to treat a specific disorder or condition.In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, section 16 allows medical examiners and coroners to query the program when conducting a death investigation.The act also authorizes the state board of pharmacy to provide a means of sharing prescription information from the program with the health information organization network in order to work collaboratively with statewide health information exchanges designated by the department of health care policy and financing.The act requires the center for research into substance use disorder prevention, treatment, and recovery support strategies to include in its continuing education activities the best practices for prescribing benzodiazepines and the potential harm of inappropriately limiting prescriptions to chronic pain patients and makes an appropriation for this purpose.The act directs the office of behavioral health in the department of human services to convene a collaborative with institutions of higher education, nonprofit agencies, and state agencies for the purpose of gathering feedback from local public health agencies, institutions of higher education, nonprofit agencies, and state agencies concerning evidence-based prevention practices.$382,908 is appropriated to the department of human services for use by the office of behavioral health. $13,000 is appropriated to the department of regulatory agencies for use by the division of insurance. $215,207 is appropriated to the department of regulatory agencies.(Note: This summary applies to this bill as enacted.)

Section 1 of the act declares the general assembly's intent to spend a portion of the money received by the state under the federal "American Rescue Plan Act" for broadband infrastructure and telehealth capabilities.Sections 2 and 3 extend the grant award distribution and reporting dates for the connecting Colorado students grant program.Section 6 requires the office of information technology (office) to:Enter into an agreement with a third-party vendor to develop and implement a strategic plan to expand and improve digital access to government services through the use of broadband; Consult with various stakeholders in developing the strategic plan; and On or before July 1, 2022, report to the joint technology committee on the development and implementation of the strategic plan. Section 7 establishes the Colorado broadband office (broadband office) in the office as a statutory type 1 entity. Section 7 also creates the digital inclusion grant program fund and directs the state treasurer to transfer $35 million from the economic recovery and relief cash fund to the fund for use by the broadband office to implement the digital inclusion grant program to award grant money to proposed broadband deployment projects throughout the state. Grant recipients other than Indian tribe or nation recipients are prohibited from using the grant money for last-mile broadband deployment. Section 7 also defines "community anchor institution" in relation to grants awarded through the digital inclusion grant program. Section 4 requires the chief information officer in the office to appoint a director of the broadband office. Section 5 aligns the bill with House Bill 21-1236. Section 16 provides that section 5 only becomes effective if House Bill 21-1236 is enacted.Section 8 defines "community anchor institution", "critically unserved", "income-qualified plan", and "school" in relation to grants awarded by the broadband deployment board (board) for proposed broadband deployment projects throughout the state.Section 9 creates the broadband stimulus grant program (grant program) and requires the board to implement the grant program by awarding grant money from the broadband stimulus account created in the broadband administrative fund. The state treasurer is directed to transfer $35 million from the economic recovery and relief cash fund to the account for this grant program. The board is encouraged to award money under the grant program to applicants that previously applied for broadband deployment grants from the board but were denied due to insufficient funding. An applicant seeking money under the grant program must submit an income-qualified plan to the board.Section 11 declares that high-speed broadband plays a critical role in enhancing local government and community development efforts and encourages coordinated approaches, including public-private partnerships, to broadband planning.Section 12 defines terms related to the work of the division of local government in the department of local affairs (division) in deploying broadband, including "broadband facility" and "last-mile broadband infrastructure".Section 13 requires the division to submit a copy of any application it receives for broadband deployment grant money to the broadband office for review. The broadband office must complete its review and provide the division with any recommendation regarding the application within 30 days after the division sends the copy to the broadband office.Section 13 also creates the interconnectivity grant program and requires the division to implement the grant program by awarding grant money for proposed projects that seek to achieve regional broadband deployment and provide interconnection between communities. Projects awarded money under this grant program, except for projects awarded to Indian tribes or nations, cannot use the money awarded for last-mile broadband deployment. To finance the grant program, section 13 also creates the interconnectivity grant program fund into which the state treasurer is directed to transfer $5 million from the economic recovery and relief cash fund.Section 14 appropriates:$35 million from the digital inclusion grant program fund to the office for use by the broadband office to implement the digital inclusion grant program; $35 million from the broadband stimulus account in the broadband administrative fund to the department of regulatory agencies for use by the board to implement the broadband stimulus grant program; and $5 million from the interconnectivity grant program fund to the department of local affairs for use by the division to implement the interconnectivity grant program. Sections 10 and 15 align the bill with House Bill 21-1109, which moves the board from the department of regulatory agencies to the office. Section 16 provides that sections 10 and 15 only become effective if House Bill 21-1109 is enacted. Section 16 provides that sections 8, 9, and 14 only become effective if House Bill 21-1109 is not enacted. Section 16 also provides that the act only becomes effective if Senate Bill 21-291, which creates the economic recovery and relief cash fund, is enacted.(Note: This summary applies to this bill as enacted.)