The act requires the state board to adopt standards related to Holocaust and genocide studies on or before July 1, 2021. The adoption of standards is conditional on the receipt of gifts, grants, or donations. The act requires each school district board of education and charter school to incorporate the standards on Holocaust and genocide studies adopted by the state board into an existing course that is currently a condition of high school graduation for school years beginning on or after July 1, 2023, if the standards are adopted by the state board on or before July 1, 2023. The act requires the department of education to create and maintain a publicly available resource bank of materials pertaining to Holocaust and genocide courses and programs, which must be available for access by public schools no later than July 1, 2021. (Note: This summary applies to this bill as enacted.)
Sponsored bills
Currently, the director of research of the legislative council (director) is required to prepare a fiscal impact statement for every initiative that is submitted to the title board. An abstract of this information is required to be included on a petition section that is circulated for signatures. The act modifies this process by: Requiring the director to prepare a fiscal summary that will appear on a petition section instead of an abstract; Specifying that the fiscal summary must include a description of the measure's fiscal impact, including a preliminary estimate of any change in state and local government revenues, expenditures, taxes, or fiscal liabilities if implemented; Requiring the director to provide the fiscal summary when a measure is submitted to the title board; Requiring the director to only prepare the fiscal impact statement, which will not include an abstract, for those initiated measures for which the secretary of state has approved a petition section; and Requiring the fiscal impact statement to be finished 14 days after the petition section was approved. The act allows a proponent or registered elector to challenge a fiscal summary at a rehearing by the title board and the Colorado supreme court in the same manner as abstracts are challenged. The act requires the secretary of state to notify the director that a petition section for an initiative has been approved. To implement the act, the general fund appropriation made in the annual legislative appropriation act for the 2020-21 state fiscal year to the legislative department for use by legislative council is decreased by $7,865, and the corresponding FTE is decreased by 0.1 FTE. (Note: This summary applies to this bill as enacted.)
The act bars an insurer from using a failure-to-cooperate defense in an action regarding the insurer's request for information from the insured about a claim unless: The insurer has submitted a written request to the insured for the information; The information necessary for litigation is not available to the insurer without the assistance of the insured; The request provides the insured 60 days to respond; The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 60 days, describing, with particularity, the alleged failure to cooperate. A failure-to-cooperate defense acts as a defense to the portion of the claim that is materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim. Any language in an insurance contract that conflicts with the act is void. If an insurer is giving the insured the time to respond or cure under the act, the insurer is not liable for failing to pay the claim while providing the time. (Note: This summary applies to this bill as enacted.)
The act creates the air quality enterprise and specifies that its revenues are exempt from the state constitution's TABOR provisions. The enterprise will conduct air quality modeling, monitoring, data assessment, and research; implement emission mitigation projects; and provide its data to the division of administration (division) and the air quality control commission (commission) in the department of public health and environment (department) to facilitate the administration of the state's air quality laws, including by facilitating the timely issuance and effective enforcement of appropriate emission permits. The enterprise is governed by a board of directors comprised of the executive director of the department or the executive director's designee and 9 members appointed by the governor and representing the commission, fee payers, business management, and scientific researchers. The board shall establish by rule the following enterprise fees in an amount that, in aggregate, reflects the value of the services the enterprise provides: A fee per ton of air pollutant; A fee for services performed for third parties for air quality modeling, monitoring, assessment, or research; A fee for emission mitigation project services. The fees are credited to the newly created air quality enterprise cash fund. Revenue collected from the fees must not exceed the following amounts: For state fiscal year 2021-22, $1 million; For state fiscal year 2022-23, $3 million; For state fiscal year 2023-24, $4 million; and For state fiscal years commencing on or after July 1, 2024, $5 million. The enterprise is required to submit an annual report to the general assembly each December 1 detailing its activities, revenues, and the value of its business services. The enterprise is repealed on September 1, 2034, and is subject to sunset review. For purposes of the fees for air pollutant emission notices, annual per-ton emissions, and application processing, the act: Removes the statutory maximum for the fees; Establishes the amount of the fees for state fiscal years 2020-21 and 2021-22; and Allows the commission to thereafter adjust the fees by rule. Additionally, for annual per-ton emission fees and processing fees, the act specifies the purposes for which the increased revenues from those fees may be spent and requires annual reporting by the division regarding the fees. The act appropriates $10,660 from the general fund to the department and reappropriates the money to the department of law for legal services necessary to implement the act. (Note: This summary applies to this bill as enacted.)
For purposes of suspending legislative interim committee activities during the 2020 interim, the act: Prohibits the legislative council of the general assembly from prioritizing any requests for legislative interim committees, including task forces, for the 2020 interim; and Prohibits meetings, field trips, and legislative recommendations and reports by, and suspends for one year certain reports required to be submitted to, existing legislative interim committees, including the Colorado youth advisory council review committee; wildfire matters review committee; statewide health care review committee; Colorado health insurance exchange oversight committee; pension review commission and pension review subcommittee; early childhood and school readiness legislative commission; water resources review committee; and transportation legislation review committee. Additionally, the act removes the requirement that the early childhood and school readiness legislative commission meet at least 4 times each year and instead limits the commission to up to 4 meetings per year. The act also reduces the state fiscal year 2020-21 general fund appropriation to the general assembly by $100,867 to reflect the savings resulting from the suspension of interim committee activities in the 2020 interim. (Note: This summary applies to this bill as enacted.)
The act makes various changes and additions to the existing "Mobile Home Park Act" and "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). The time a home owner has to cure certain instances of noncompliance is increased from 30 days to 90 days, and this 90-day period to cure runs concurrently with the period to sell the mobile home or remove it from the premises, which is increased from 60 to 90 days. The act restates, with amendments, the permissible reasons for which management may terminate a home owner's tenancy and the notice requirements associated with a termination. Currently, management may terminate a home owner's tenancy if the homeowner's conduct constitutes an annoyance to other homeowners or interference with management. The act eliminates this as a permissible reason for termination of tenancy. When a landlord intends to change the use of the land on which a park sits, and the change will result in eviction of the home owners, the amount of prior notice that the landlord is required to provide to the home owners is increased from 6 months to 12 months. A notice to quit tenancy and a notice of nonpayment of rent must include language notifying a home owner of the home owner's right to file a complaint through the program. Currently, management may charge an amount up to 2 month's rent as a security deposit for a multiwide unit. The act reduces the amount to no more than one month's rent. The act clarifies management's duties concerning maintenance and repair of a park and creates new duties relating to the maintenance and repair of water, sewer, and other utility service lines or related connections. Management must annually provide certain information concerning water usage and billing to home owners and post the information in a clearly visible location in at least one common area of the park. If management charges home owners for water usage in the park, management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if management purchases the water from a provider, the total amount paid by management to the provider. The act prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. An action by management is presumed to be retaliatory if the action was taken within 120 days after the home owner made an effort to secure or enforce the home owner's rights, and management may rebut a presumption of retaliation with sufficient evidence that an action was taken against the home owner for a nonretaliatory purpose. The act allows management to add or amend rules and regulations only after acquiring the consent of each home owner or after providing written notice of the amendment to each home owner at least 60 days before the amendment becomes effective. A home owner may file a complaint challenging a rule, regulation, or amendment pursuant to the program within 60 days after receiving the notice. If a home owner files a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount equal to or exceeding 10% of the home owner's monthly rent obligation under the rental agreement, management may not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced. The act requires management to respect the privacy of home owners. Management has a right of entry to the land upon which a mobile home is situated for the maintenance of utilities and to ensure compliance with applicable codes, statutes, ordinances, administrative rules, rental agreements, and the rules of the community. A landlord shall not make entry in a manner that interferes with a home owner's peaceful enjoyment of the land except in the case of an emergency. Except when posting notices that are required by law or by a rental agreement, management shall make a reasonable effort to notify a home owner of management's intention to make entry at least 48 hours before making entry. (Note: This summary applies to this bill as enacted.)
The act aligns Colorado statutes on hemp with federal law, including adopting federal definitions; requiring authorized samplers to collect samples from each lot; changing the appointing authority for the industrial hemp advisory committee to the state agricultural commission; requiring that all key participants provide a criminal history record check from the federal bureau of investigation; eliminating authority to grow hemp for research and development purposes but authorizing a separate registration and waiver requirement; creating new reporting requirements; specifying unlawful acts and creating civil penalties for violations; and giving the commissioner of agriculture investigatory and subpoena authority. The act appropriates $55,620 to the department of public safety from the Colorado bureau of investigation identification unit fund. (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 appropriates $50,753,612 to the legislative department for the payment of expenses in the 2020-21 state fiscal year. Additionally, the act appropriates $25,000 to the youth advisory council cash fund within the legislative department. The act specifies that $1,200,000 of unexpended and unencumbered money in the legislative department cash fund at the end of the 2019-20 state fiscal year reverts to the general fund and further appropriates to the legislative council, for use in the 2020-21 state fiscal year for new member orientation, $24,000 that was appropriated to but not expended by the legislative council in the 2019-20 state fiscal year. (Note: This summary applies to this bill as enacted.)