The act creates the financial empowerment office (office) and the director of the office (director) in the department of law to grow the financial resilience and well-being of Coloradans through specified community-derived goals and strategies. The director is appointed by the attorney general and may hire staff as necessary to perform the duties and functions of the office. The office also consists of a manager who is appointed by the director.The office is authorized to partner with governmental bodies, community organizations, financial institutions, local service providers, philanthropic organizations, and other organizations as necessary to achieve the purposes of the office. The office is also authorized to develop or promote new or existing:Methods to increase access to safe and affordable financial products; Tools and resources that advance, increase, and improve Colorado residents' financial management; Community-informed strategies that dismantle systemic barriers to building ownership and wealth for all, especially low-income communities and communities of color; and Tools that promote financial stability such as those that assist with service navigation, eviction avoidance, or connections to income supports. The financial empowerment office is required to:Support the organization of community efforts to define and lead financial resilience strategies; Align, support, and build ties to build financial education and well-being in communities across the state; Establish a council to assist the director; Work with stakeholders to increase access to safe and affordable credit-building loans and financial products and to identify products and practices that may undermine financial stability; Develop technical assistance to launch or expand local financial coaching and counseling efforts; Raise money to support coaching, safe and affordable banking, and potential loan funds; and Track community feedback on consumer financial abuses. The department of law is required to report on affordable banking access in Colorado and other specified information as part of its presentation under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".(Note: This summary applies to this bill as enacted.)
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The act makes the following changes to the administration of the nursing home penalty cash fund (fund) and the nursing home innovations grant board (board):Transitions final authority over the administration of the fund from the Colorado department of health care policy and financing (HCPF) to the Colorado department of public health and environment (CDPHE); Transitions rule-making authority over the fund from HCPF to the state board of health; Transitions the authority to create a minimum reserve amount for the fund from the medical services board to the state board of health; Transitions authority over the board from HCPF to CDPHE effective July 1, 2021; Transitions all appropriations related to the fund to HCPF and CDPHE effective July 1, 2021; Makes a continuous appropriation to HCPF and CDPHE for the purposes of emergency funding needs; Limits the percentage of the amount of the grant appropriation that can be used for administration of the fund to 10% of the disbursed grants; Removes the provision allowing members of the board to be reimbursed for expenses; Adds a requirement that HCPF and CDPHE develop an annual budget to administer the fund and support the board; Adds a requirement that HCPF and CDPHE collaborate annually on any emergency funding needs and specifies that HCPF and CDPHE will administer such funding; Adds projects that compliment statewide quality and safety goals as a consideration in making a distribution from the fund; and Lengthens the period for CDPHE to provide notice of a violation to a nursing facility from 5 days to 10 days after inspection.(Note: This summary applies to this bill as enacted.)
The act creates the workers, employers, and workforce centers cash fund (fund) for the purpose of responding to the COVID-19 public health emergency and the negative economic impacts of the pandemic as follows:To provide assistance to unemployed workers, including job training; To provide assistance to households; For programs, services, or other assistance for populations disproportionately impacted by the public health emergency, including programs or services to address or mitigate the effects on education; To provide aid to impacted industries, small businesses, and nonprofit organizations through the provision of related educational and job training services; and For related administrative costs. The act directs the state treasurer to transfer to the fund $200 million of the money the state received pursuant to the federal "American Rescue Plan Act of 2021" (ARPA) and $25 million from the general fund. Of this amount, the act appropriates a total of $75 million for use in the 2021-22 state fiscal year, allocated in the following amounts and for the following purposes related to assisting unemployed workers, aiding impacted industries, and addressing or mitigating the impacts of the public health emergency on education:$25 million for the investments in reskilling, upskilling, and next-skilling workers program (program), which is an initiative of the state work force development council (state council) to facilitate training for unemployed and underemployed workers in the state during times of substantial unemployment, defined as an unemployment rate that exceeds 4% statewide or within a work force development area. Of this amount, the state council, in collaboration with the department of labor and employment (department), is directed to allocate: $20.75 million to local work force development areas for the program; $3 million for a grant program developed by the state council to award grants to other partners to provide reskilling, upskilling, and next-skilling supports to eligible individuals for up to 13 months; and $1.25 million for the department to conduct outreach and recruitment, provide access to digital platforms for career navigation, issue licenses for virtual training classes, and implement, administer, and report on the program, with any portion of the $1.25 million that is unencumbered and unexpended as of June 30, 2022, reallocated for the program and the grant program. $35 million for programs and initiatives established under the "Work Force Innovation Act", including $17.5 million for allocation to work force development boards for the work force innovation grant program to promote innovation to improve outcomes for learners and workers by helping prepare Coloradans for well-paying, quality jobs; and $17.5 million for use by the state council for statewide work force innovation initiatives; $10 million to the department of higher education for allocation by the state board for community colleges and occupational education to specified career and technical education providers to expand equipment, facility, and instruction capacity in key career and technical education job demand areas identified in the annual Colorado talent report; and $5 million to the department of education for the adult education and literacy grant program. As required by ARPA, the money appropriated in the act must be obligated by December 31, 2024, and expended by December 31, 2026, and recipients of ARPA money must comply with reporting requirements specified in ARPA and by the state controller.The act also authorizes the department to receive and expend money from the general fund or any other state source that is appropriated by the general assembly or passed through another entity for purposes of distributing state funds to work force development areas to implement work force development activities. The act specifies that state money appropriated or passed through to the department is not subject to limits imposed on the use of money received by the department pursuant to specified federal laws.(Note: This summary applies to this bill as enacted.)
The 2017 federal "Tax Cuts and Jobs Act" placed a cap of $10,000 on the amount of state and local taxes paid that an individual can deduct on their federal taxes. This limitation did not apply to C corporations. Consequently, businesses organized as pass-through entities like S corporations and partnerships pay increased taxes on business profits compared to C corporations because pass-through entities pay taxes on business profits at the individual (partner or shareholder) level.For income tax years commencing on or after January 1, 2022, the act allows pass-through entities to elect to pay their state income tax at the entity level so that the pass-through entity can claim an unlimited deduction at the federal level of state and local taxes paid; except that the election is only allowed in an income tax year where there is a limitation on the deductions allowed to individuals under section 164 of the internal revenue code.While this reduces federal taxable income for the pass-through entity, it does not reduce Colorado taxable income because, under current law, the individual and the partnership are required to add back any state and local taxes deducted at the federal level.The act adds an appropriation for the department of revenue to implement the taxpayer's election to pay their state income tax at the entity level.(Note: This summary applies to this bill as enacted.)
The act expands the necessary referral services authorized by the Colorado 2-1-1 collaborative (collaborative) to include necessary referrals for behavioral health services and other social service resources in the state for Coloradans, particularly for individuals who are unemployed, regardless of whether they receive benefits.The act requires the department of human services' office of behavioral health to contract with the collaborative to hire and train specialized personnel. The act also requires the office of behavioral health to collaborate with the collaborative to engage in targeted marketing and outreach, and to ensure the marketing and outreach are targeted to traditionally underserved communities, such as immigrant, low-income, and communities of color.The act also requires the collaborative to coordinate with the department of labor and employment (department) to target, conduct outreach, and market to individuals who are unemployed, regardless of whether they receive benefits, and may need referrals for behavioral health services and other social service resources. The department is required to update its unemployment application web page and specified websites to include contact information for the collaborative.For the 2020-21 state fiscal year, $1,000,000 is appropriated to the department of human services (state department) from the general fund to implement the act. Any money that is not spent before July 1, 2021 is further appropriated to the state department for the 2021-22 state fiscal year for the same purpose.For the 2021-22 state fiscal year, $5,741 is appropriated from the general fund to the department for use by the division of unemployment insurance to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires the department of local affairs (department), no later than August 13, 2021, to establish a pilot program to help local governments identify perceptual and substantial barriers to entry for historically underutilized businesses in local government procurement.The act requires local governments participating in the pilot program to consider a number of items, such as:Identifying implementation needs, such as labor and technology, for historically underutilized businesses preference programs for local government procurement (programs); Determining the appropriate size contracts that would benefit from a program; and Creating a sample program that all local governments may use and articulate the necessary steps to build a program. The act specifies that pilot program participants may collaborate with the department and the general assembly on future legislation requiring local governments to establish programs.In January 2022, the department is required to report on the progress of the pilot program as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".In January 2023, the department is required to include the findings of the pilot program as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".The act defines a historically underutilized business as a business that is at least 51% owned and controlled, in both the management and day-to-day business decisions, by one or more individuals who are:Members of a racial or ethnic minority group; Non-Hispanic Caucasian women; Persons with physical or mental disabilities; Members of the lesbian, gay, bisexual, and transgender community; or Veterans.(Note: This summary applies to this bill as enacted.)
The act requires the state department of human services (state department) to reimburse a county or district department of human or social services (county department) for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is 15 to 20 years of age.The act does not waive or limit a county department's governmental immunity or place any liability on a county department for:Contracting with a driving school to provide driving instruction to an individual who is in the custody of the county department; or An injury alleged to have occurred while an individual in the custody of the county department received driving instruction. The act requires the state board of human services to promulgate rules on or before December 1, 2021, to administer the new requirements.The act states that:A guardian ad litem, an official of a county department, or an official of the division of youth services in the state department who signs a minor's application for an instruction permit or a minor driver's license but does not sign an affidavit of liability does not impute liability on themselves, on the county, or on the state for any damages caused by the negligence or willful misconduct of the applicant; and An individual who is in the custody of the state department or a county department who does not possess all of the required documents to apply for an instruction permit or a minor driver's license may be eligible for exception processing pursuant to rules of the department of revenue. The act requires the executive director of the department of revenue to promulgate rules on or before November 1, 2021, establishing, to the extent permissible under federal law, forms of documentation that are acceptable for the purpose of allowing individuals who are in the custody of the state department or a county department to verify their legal residence in the United States, establish identity, and satisfy any other prerequisites for the acquisition of an instruction permit or a minor driver's license.For the 2021-22 state fiscal year, the act appropriates $54,180 to the department of human services for use by the division of child welfare to implement the act.(Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies (department) in its sunset review and report on the surgical assistants and surgical technologists registration program. Specifically, the act:Continues the registration of surgical assistants and surgical technologists for 7 years, until 2028; Requires a surgical assistant or surgical technologist whose registration is revoked or who has surrendered a registration in lieu of disciplinary action to wait 2 years before reapplying for registration and authorizes the director of the division of professions and occupations within the department (director) to issue letters of admonition and confidential letters of concern to surgical assistants and surgical technologists; Allows the director to enter into confidential agreements with surgical assistants or surgical technologists to limit practice based on an illness or other health condition that affects the ability to safely practice the profession; and Clarifies that a registrant may be disciplined for failing to notify the director of the limitations created by an illness or other health condition, act within such limitations, or act within the limitations imposed under a confidential agreement with the director to limit practice. The act also adds the following as grounds for discipline: Habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance; Failing to notify the director within 30 days of any disciplinary action; Failing to respond to a complaint against the registrant in a materially responsive and timely manner within 30 days after receiving the complaint; Practicing outside the scope of the practice of a surgical assistant or surgical technologist; and Failing to satisfy generally accepted standards of practice as a surgical assistant or surgical technologist.(Note: This summary applies to this bill as enacted.)
The act makes it a deceptive trade practice for a person to knowingly or intentionally manufacture, import, distribute, sell, offer for sale, install, or reinstall a device intended to replace a supplemental restraint system component if the device is:A counterfeit supplemental restraint system component; A nonfunctional airbag; or Any object in lieu of a supplemental restraint system component that was not designed in accordance with federal safety regulations for the make, model, and year of the motor vehicle in which it is or will be installed. The act also prohibits a motor vehicle repair facility or any employee or contract laborer of the facility from installing or reinstalling any device that causes the motor vehicle's diagnostic systems to fail to warn that:The motor vehicle is equipped with a counterfeit supplemental restraint system component; The motor vehicle is equipped with a nonfunctional airbag; or No airbag is installed.(Note: This summary applies to this bill as enacted.)
The act states that a domestic stock insurer (dividing insurer) may divide into 2 or more resulting insurers pursuant to a plan of division. A plan of division must include:The name of the dividing insurer; The name of each resulting insurer created by the proposed division and, for each resulting insurer, a copy of proposed articles of incorporation and proposed bylaws; The manner of allocating assets and liabilities, including policy liabilities, between or among all resulting insurers; The manner of distributing shares in the resulting insurers to the dividing insurer or the dividing insurer's shareholders; A reasonable description of all liabilities and all assets that the dividing insurer proposes to allocate to each resulting insurer, including the manner by which the dividing insurer proposes to allocate all reinsurance contracts; All terms and conditions required by the laws of this state and the articles of incorporation and bylaws of the dividing insurer; and All other terms and conditions required by the division. A plan of division must include additional provisions, the nature of which depends on whether the dividing insurer will survive the division.A dividing insurer shall file a plan of division with the commissioner of insurance (commissioner) only after the plan of division has been approved in accordance with all provisions of the dividing insurer's articles of incorporation and bylaws. The commissioner shall approve the plan of division if, after considering certain criteria, the commissioner finds that certain requirements are met. If the commissioner approves a plan of division, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth certain information concerning the division.The act establishes procedures for amending and abandoning plans of division.The act provides for the protection of confidential information, documents, and materials that are submitted to, obtained by, or disclosed to the commissioner in connection with a plan of division or in contemplation of a plan of division.For the 2021-22 state fiscal year, the act appropriates $10,729 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act.(Note: This summary applies to this bill as enacted.)