Sen. Lindsey Daugherty

Senate Bill 20-222, enacted in 2020, created a grant program financed through the federal "Coronavirus Aid, Relief, and Economic Security Act" to support small businesses suffering from the economic impacts of COVID-19 and related public health restrictions.The act appropriates $15 million from the general fund to continue the grant program until the end of the 2021-22 state fiscal year, modifies the criteria pursuant to which grants are awarded, adds certain preferences for awarding grants, and establishes limits on the amount of a grant to an individual small business.(Note: This summary applies to this bill as enacted.)

The act declares that the regulation of firearms is a matter of state and local concern. A local government is permitted to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory. The ordinance, regulation, or law may not be less restrictive than state law. The local law may only impose a criminal penalty for a violation upon a person who knew or reasonably should have known that the person's conduct was prohibited.The act permits a local government, including a special district, and the governing board of an institution of higher education to enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's or governing board's jurisdiction, or for a special district, in a building or specific area under the direct control or management of the district. A local law may only impose a civil penalty for a violation, and the maximum fine that may be imposed for a first offense is $50.(Note: This summary applies to this bill as enacted.)

The act creates the small business accelerated growth program (program) administered by the Colorado office of economic development (office). The program provides business development support to small businesses with 19 or fewer employees. The office is required to develop a marketing initiative for the program in coordination with the minority business office, the small business development center, and local and regional economic development entities to promote the program. The businesses selected to participate in the program have one year to use the business development support offered by the program, and $1,350,000 in grants from the Colorado startup loan fund are for participants demonstrating need and success under the program.The act makes an appropriation.(Note: This summary applies to this bill as enacted.)

Under current law, a juvenile convicted as an adult following the direct filing of charges in district court is not subject to the mandatory minimum sentencing provisions for crimes of violence. However, a juvenile convicted as an adult following the transfer of charges from juvenile court to district court is subject to the mandatory minimum sentencing for crimes of violence. The act adds language to the juvenile transfer statute to mirror the language currently found in the juvenile direct file statutes, so a juvenile transferred to adult court is subject to the same sentencing provisions as a juvenile who is in adult court based on a direct file.(Note: This summary applies to this bill as enacted.)

The act modifies requirements for an existing loan program (program) created to assist transitions of businesses to employee-owned businesses. The act repeals statutory eligibility requirements and requires the office of economic development (office) to establish eligibility criteria for the program. The criteria must include an annual gross revenues limitation for participation in the program for businesses, which amount may be set at up to or less than $50 million. The criteria must also establish requirements for the number of employees who will be offered the option to participate in the employee-ownership opportunity.A loan under the program may be used toward the purchase of the business by the employees. The act repeals requirements related to the size of the loans and how the loans must be held and requires the office to establish requirements for the terms of the loans pursuant to existing statutory requirements.Under the current statute, the program is repealed effective July 1, 2022. The act extends the program through July 1, 2025.(Note: This summary applies to this bill as enacted.)

The act defines "overpayments" of workers' compensation benefits as money received by a claimant that:Is a result of fraud; Is the result of an error due only to miscalculation, omission, or clerical error asserted in a new admission of liability; Is paid in error or in excess of an admission or order that exists at the time that the benefits are paid to a claimant; or Results in duplicate benefits as specified in the act. The act also:Clarifies that these limitations on overpayments do not prevent an insurance carrier or employer from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement and do not prevent the director of the division of workers' compensation or an administrative law judge from determining overpayments and requiring repayment of overpayments; and Prohibits the director or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.(Note: This summary applies to this bill as enacted.)

The act declares the intention of the general assembly to reverse the holding and decision in the Colorado supreme court's (court) January 13, 2020, opinion in In re: The Parental Responsibilities Concerning W.C. The act gives the court continuing jurisdiction during the pendency of an appeal:Under article 10 of title 14, to modify a decree respecting child support or maintenance; to make or modify an order granting or denying parenting time rights; and to modify an order allocating decision-making responsibilities; Under the "Uniform Child-custody Jurisdiction and Enforcement Act", to exercise temporary emergency jurisdiction; Under the "Uniform Child Abduction Prevention Act", to modify an order concerning the allocation of parental rights and responsibilities; and Under the "Uniform Parentage Act", to modify an order for child support or for allocation of parental rights and responsibilities.(Note: This summary applies to this bill as enacted.)

Colorado courts follow the common law rule that, generally, only a parent or guardian has the right to claim pre-majority economic damages of a minor for which another person is liable. The bill abolishes the common law rule and permits a minor to bring a claim to recover damages for the minor's pre-majority economic loss. A minor or a parent may not be awarded damages for any economic loss that have been awarded to another person. Under existing law, the statute of limitations for civil claims against health care institutions and health care professionals is 2 years, with certain exceptions. The exceptions to the 2-year limitation include claims brought by or on behalf of a minor who is under 8 years old and claims brought by or on behalf of a person under disability. The bill makes any exemption to the 2-year limitation that would apply to a minor's claim also apply to a claim brought by a person entitled or required to bring a claim to recover damages for a minor's pre-majority economic loss. (Note: This summary applies to this bill as introduced.)

The act broadens the state's priorities and focus on suicide and suicide attempts and the after-effects of those actions on attempt survivors, family, friends, health-care providers, first and last responders, educators, and students in schools where a suicide or suicide attempt has occurred.(Note: This summary applies to this bill as enacted.)