Sen. Jim Smallwood

The bill repeals the laws relating to extreme risk protection orders. Under current law, a person can be held on an involuntary 72-hour mental health hold if the person appears to be an imminent danger to others or to himself or herself. The bill changes the standard from imminent danger to extreme risk and defines extreme risk as a credible and exigent threat of danger to themselves or others through actionable threats of violence or death as result of a current mental health state. (Note: This summary applies to this bill as introduced.)

Existing law authorizes the executive director of a state agency to assign a state-owned motor vehicle to an officer or employee of the state agency (officer or employee) for commuting. A state-owned motor vehicle may also be used by an officer or employee for traveling away from home in connection with his or her job responsibilities. Pursuant to federal internal revenue service regulations, the commuting use of a state-owned motor vehicle is taxable to an officer or employee while the use of a state-owned motor vehicle for traveling away from home is not taxable to an officer or employee. Currently, a state-owned motor vehicle may be parked at an officer or employee's residence for more than one day per month only if the executive director of the state agency has assigned the vehicle to the officer or employee. The parking limitation does not distinguish between use of the state-owned motor vehicle for commuting and use of the vehicle for traveling away from home. This has caused confusion among state agencies regarding whether use of the vehicle is taxable to the officer or employee when a vehicle is parked at an officer or employee's residence for more than one night for the purpose of traveling away from home rather than for commuting. The act clarifies the provision regarding the number of nights a state-owned motor vehicle may be parked at an officer or employee's personal residence and specifies that the limitation does not apply if the officer or employee is using the state-owned motor vehicle for the purpose of traveling away from home. In addition, the act clarifies that commuting does not include traveling away from home as defined by the federal internal revenue service and that an officer or employee shall not use a state-owned motor vehicle for commuting unless such use is authorized pursuant to law. (Note: This summary applies to this bill as enacted.)

For income tax years commencing on or after January 1, 2021, the bill allows an individual or corporate taxpayer to subtract from the taxpayer's federal taxable income any amount contributed to an eligible scholarship granting organization, to the extent such amount is not claimed as a deduction on the taxpayer's federal tax return. An eligible scholarship granting organization is defined as a charitable nonprofit organization that provides scholarships to dependent children for tuition expenses for the child's enrollment in a private school so long as the child qualifies for free or reduced-cost lunch. An eligible scholarship organization is required to undergo an annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant and is required to submit the audit to the department of education. The department of education is required to review each audit it receives and submit an annual list to the department of revenue of eligible nonprofit scholarship granting organizations that are in compliance with the requirements specified for the deduction. (Note: This summary applies to this bill as introduced.)

The bill repeals the Colorado reinsurance program in 2022 and limits the operation of the program to one benefit year. (Note: This summary applies to this bill as introduced.)

Court-appointed special advocate programs - program oversight. The act relocates provisions concerning the statewide oversight of court-appointed special advocate (CASA) programs. The office of the child's representative (office) is required to enter into an agreement with a nonprofit entity (state CASA entity) to enhance the CASA program in Colorado. The state CASA entity is required to submit a report to the office concerning the performance of its duties within one month prior to receiving an allocation of money for CASA programs and, at least annually, must certify to the office the amount that each local CASA program receives from each allocation.(Note: This summary applies to this bill as enacted.) Read More

Child placement agencies - delegating care of a minor - temporary care assistance program - appropriation. The act permits a parent or guardian to use a temporary care assistance program operated by a child placement agency to identify an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney. Prior to July 1, 2021, only a child placement agency that is a nonprofit organization and that operates a program similar to a temporary care assistance program in 30 or more states may operate a temporary care assistance program. A temporary care assistance program must make diligent efforts to notify any parent or guardian identified having parental rights or legal decision-making authority regarding the minor's care and cannot assist a parent who is named as a respondent in an open dependency and neglect case. A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver is limited to a duration of 6 months. The 6-month restriction does not apply to deployed or active duty military members. Such a power of attorney can be revoked at any time and does not change legal rights or obligations existing pursuant to a court order. The minor must be returned to the custody of the parent or guardian within 48 hours after termination of the power of attorney. A temporary care assistance program is permitted to approve as a temporary caregiver any person who: Meets the standards prescribed by the temporary care assistance program; Satisfactorily completes required criminal and child abuse and neglect background checks and sex offender registration checks; and Receives training conducted by the temporary care assistance program. A temporary care assistance program and a temporary care provider are subject to any rules applicable to noncertified kinship care that are promulgated by the department of human services and that are consistent with statutory provisions concerning temporary care assistance programs. A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not constitute child abuse or neglect, constitute placing the minor into foster care, or relieve parents, guardians, or minors of rights and obligations pursuant to court orders. For the 2019-20 state fiscal year, $14,093 is appropriated from the general fund to the department of human services for use by the division of child welfare for implementation of the act. (Note: This summary applies to this bill as enacted.) Read More

Lottery winnings offsets - court fines, fees, costs, or surcharges. The act allows lottery winnings to be intercepted for the payment of outstanding court fines, fees, costs, or surcharges.(Note: This summary applies to this bill as enacted.) Read More

Health insurance - required contract provisions between a carrier and a health care provider - payment of premiums - provision of benefits. The act requires a contract for a health benefit plan between a carrier and a policyholder to state, as an alternative to existing premium payment requirements, that a policyholder must pay premiums to the carrier through the date that the individual covered under the policy is no longer eligible or covered if the policyholder notifies the carrier within 10 business days after the date of ineligibility or noncoverage because the individual left employment without notice to the employer or the employee was terminated for gross misconduct. The act also clarifies that: If the policyholder notifies the carrier within the 10-day period, the carrier is not required to provide benefits to the individual after the date that the individual is no longer eligible or covered; and A carrier and a policyholder may agree to a different date where premium payments are not required.(Note: This summary applies to this bill as enacted.) Read More

Safe haven program - information - comprehensive health education in schools. If a school district, charter school, institute charter school, or board of cooperative services (school) chooses to provide a local comprehensive health education program pursuant to article 25 of title 22, Colorado Revised Statutes, the school's curriculum must include information relating to state laws that provide for the safe abandonment of newborn children to specific persons, including firefighters and clinic or hospital staff, within 72 hours of birth.(Note: This summary applies to this bill as enacted.) Read More

State auditor - access to records or other information for audits of specified entities that are not state agencies - criminal liability and penalties for willful and knowing premature disclosure of contents of such audits. Under current law, the state auditor (auditor) generally has access at all times to all of the books, accounts, reports, vouchers, or other records or information in any state department, institution, or agency that is the subject of a performance or financial audit the auditor conducts. The act extends the same authority to performance or financial audits the auditor conducts of: The Colorado new energy improvement district and the new energy improvement program; The use of money in the state historical fund that is used for the preservation and restoration of the cities of Central, Black Hawk, and Cripple Creek; The health benefit exchange; and Community-centered boards. The authority of the auditor or his or her designated representative to access books, accounts, reports, vouchers, or other records or information provided in connection with the audit of the use of money in the state historical fund terminates on the date the final audit report is released by the legislative audit committee. Under current law, any state employee or other individual acting in an oversight role as a member of a state committee, board, or commission who willfully and knowingly discloses the contents of any report prepared by or at the direction of the auditor prior to the release of such report by a majority vote of the legislative audit committee is guilty of a misdemeanor and, upon conviction, shall be punished by a fine. The act extends the same criminal liability and penalty to any employee or other individual acting in an oversight role with respect to any audit of an entity, program, or use of money specified in the act. (Note: This summary applies to this bill as enacted.) Read More