The act directs the department of health care policy and financing (department) to develop a spending plan (spending plan) for using enhanced, one-time federal matching money received pursuant to the "American Rescue Plan Act of 2021" (federal act) to enhance, expand, and strengthen medicaid-eligible home- and community-based services for older adults and people with disabilities.The department shall develop a proposed spending plan considering feedback from providers, medical assistance recipients, and advocates consistent with federal guidance on allowable uses of the federal act funding. Money from the federal act may be used for home- and community-based services, as defined in the federal act, including home health-care services, personal care services, PACE services, waiver services, case management services, and rehabilitative services. The act specifies possible components of the spending plan. The department shall submit the proposed spending plan to the joint budget committee of the general assembly for approval. The joint budget committee may reject or approve the spending plan and may make recommendations for modifications to the spending plan. If the spending plan is rejected, the department shall submit a new spending plan as soon as possible. The department shall not implement the spending plan unless the spending plan is approved by the joint budget committee.The act authorizes the department to make expenditures identified in the spending plan approved by the joint budget committee; except that the spending authority expires if a supplemental appropriation bill is enacted. During the next legislative session, the joint budget committee shall introduce a supplemental appropriation bill for the amount of the expenditures authorized. For fiscal years commencing on and after July 1, 2021, the general assembly may also appropriate money for purposes authorized under the federal act. The act repeals the statutory provisions effective July 1, 2025. Commencing November 1, 2021, and quarterly thereafter, the act requires the department to submit expenditure reports with additional information specified in the act concerning the use of the money received pursuant to the federal act.The act transfers $260,730,099 from the general fund to the home- and community-based services improvement fund, created in the act, and $19,830,918 from the ARPA home- and community-based services account, created in the act, in the healthcare affordability and sustainability fee cash fund to implement the spending plan.(Note: This summary applies to this bill as enacted.)
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Current law requires the public utilities commission (commission) to oversee the safety and oversight of medicaid nonmedical and nonemergency medical transportation services (transportation services). The act eliminates the commission's responsibility to oversee the safety and oversight of the transportation services.The act requires the department of health care policy and financing (department) to oversee the safety and oversight of the transportation services. If a provider of transportation services already complies with the transportation safety standards established by another state department which meet or exceed the rules and processes established by the department, demonstrating such compliance to the department is sufficient to verify compliance with the requirements of the act. The act also requires the department to collaborate with stakeholders, including but not limited to disability and member advocates, PACE providers, transportation brokers, and transportation providers, to establish rules and processes for the safety and oversight of transportation services.For the 2021-22 state fiscal year, the general fund appropriation made in the annual general appropriation act to the department for transfer to the department of regulatory agencies for regulation of medicaid transportation is decreased by $66,003. The same amount is appropriated from the general fund to the department for medical and long-term care services for medicaid-eligible individuals.(Note: This summary applies to this bill as enacted.)
The act requires the secretary of state (secretary) and county clerk and recorders (county clerk) of certain counties to provide multilingual ballot access.The secretary is required to establish a multilingual ballot hotline (hotline) to provide access to qualified translators or interpreters in each of the languages in the state that has at least 2,000 citizens age 18 years or older who speak English less than very well and who speak a shared minority language at home, and in any additional languages the secretary determines by rules is necessary to assist electors in translating ballot language. The secretary is required to establish the hotline for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter. The act specifies when the hotline must be available during voting periods. The secretary is also required to:Provide notice of the hotline to electors through election day; Ensure that the translators who provide translations for the multilingual hotline are qualified translators or interpreters; and Promulgate rules as may be necessary to create and administer the hotline. The county clerk of any county that satisfies specified criteria is required to create, in coordination with the secretary, a minority language sample ballot (sample ballot) in any minority language spoken in the county that satisfies the following:The minority language is spoken by at least 2,000 citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home; or The minority language is spoken by at least 2.5% of citizens in the county age 18 years or older, who speak English less than very well, and who speak the minority language at home. The act specifies that the sample ballot must include all of the same content that is on the English language ballot and also specifies the format of the sample ballot. In addition, the act requires that the sample ballots be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.The county clerk of any county that satisfies specified criteria is required to provide, upon the request of an elector, an in-person minority language ballot (in-person ballot) in any minority language spoken in the county that satisfies the same criteria specified for sample ballots. An in-person ballot can be a ballot on demand, a ballot from a printed stock of ballots, or a ballot via an electronic voting device.The act specifies that the in-person ballot must include all of the same content that is on the English language ballot and specifies that in-person ballots are required to be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.The secretary is required to determine, pursuant to specified criteria, which counties in the state are required to provide multilingual ballot access by creating a sample ballot and providing an in-person ballot, and to notify the county clerk of any county that is required to provide such multilingual ballot access.Legislative council staff is required to provide to the secretary a translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary is required to provide each county clerk that is required to provide multilingual ballot access with a translation in the applicable minority language or languages of all content that is certified to the county clerks by the secretary of state for use by the county clerk in creating the multilingual ballot access.For the 2021-22 state fiscal year, $82,800 is appropriated from the department of state cash fund to the department of state for use by the information technology division to implement the act.(Note: This summary applies to this bill as enacted.)
The act:Prohibits an agricultural employer from retaliating against any person, including an agricultural employee who is asserting protected rights, and allows an aggrieved person to assert a claim in district court or with the division of labor standards and statistics (division) in the department of labor and employment for alleged retaliation; Removes the exemption of agricultural employers and employees from the Colorado "Labor Peace Act" and authorizes agricultural employees to organize and join labor unions; engage in protected, concerted activity; and engage in collective bargaining; Removes the exemption of agricultural labor from state and local minimum wage laws; Establishes a separate minimum wage for agricultural employees engaged in the range production of livestock on the open range; Requires the director of the division to promulgate rules to establish the overtime pay of agricultural employees, to implement procedures concerning retaliation claims, to ensure access to key service providers, and for overwork protections for agricultural workers; Grants agricultural employees meal breaks and rest periods throughout each work period, consistent with protections for other employees; Requires agricultural employers to provide agricultural employees with access and transportation to key service providers; Authorizes agricultural employees to have visitors at employer-provided housing without interference from other persons; Requires agricultural employers to provide overwork and health protections to agricultural employees; Prohibits the use of the short-handled for agricultural labor except in specific circumstances; During a public health emergency, requires an agricultural employer to provide extra protections and increased safety precautions for agricultural employees; Creates rights, remedies, and enforcement actions for aggrieved agricultural employees, whistleblowers, and key service providers; and Creates the agricultural work advisory committee to study and analyze agricultural wages and working conditions. $474,657 is appropriated from the employment support fund to the department of labor and employment to implement the act, of which amount $38, 282 is reappropriated to the department of law to provide legal services to the department of labor and employment. Additionally, $193,882 is appropriated from the general fund to the department of agriculture for use by the plant industry division to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates a work group that is tasked with developing a sustainable model that is not embedded in the child welfare system to better serve students. The act outlines membership in the work group, duties of the work group, and reporting requirements for the work group and commissioner of education.The act requires, in state fiscal year 2021-22 only, and within available appropriations, that the department of education distribute supplemental payments to facility schools approved by the department as of October 1, 2021. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2021-22 state fiscal year.For the 2021-22 state fiscal year, the act appropriates $6,200,000 to the department of education from the general fund for the facility school work group and supplemental payments to facility schools.(Note: This summary applies to this bill as enacted.)
The act addresses the following items related to landlord and tenant rights in residential rental agreements:After a complaint is filed by a landlord, the clerk of the court or the attorney for the plaintiff shall issue a summons, including information concerning filing an answer and legal aid. A court shall not enter a default writ of restitution before the close of business on the date upon which an appearance is due. Provides additional details regarding the defendant's answer, including that a defendant does not waive any defense related to proper notice by filing an answer; that the court shall set a date for trial no sooner than 7, but not more than 10, days after the answer is filed, unless the defendant agrees to waive this provision and schedule the trial for an earlier date, except that a court may extend beyond 10 days if either party demonstrates good cause for an extension or if the court otherwise finds justification for the extension. In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any relevant documentation that either party requests. A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full amount due according to the notice, as well as any rent due under the rental agreement, at any time until a court has ordered a writ of restitution; Eliminates the bond requirement for the warranty of habitability and allows the tenant to assert an alleged breach of the warranty of habitability as an affirmative defense;Establishes allowable court procedures and remedies in cases of an alleged breach of warranty of habitability; Bans unreasonable liquidated damage clauses that assign a cost to a party stemming from a rental violation or an eviction action; Prohibits rental agreements that contain one-way fee-shifting clauses that award attorney fees and court costs only to one party; and The act prohibits a landlord of a mobile home park or a residential premises (landlord) from:Charging a tenant or mobile home owner (tenant) a late fee for late payment of rent unless the rent payment is late by at least 7 calendar days; Charging a tenant a late fee in an amount that exceeds the greater of: $50; or 5% of the amount of the rent obligation that remains past due; Requiring a tenant to pay a late fee unless the late fee is disclosed in the rental agreement; Removing, excluding, or initiating eviction procedures against a tenant solely as a result of the tenant's failure to pay one or more late fees; Terminating a tenancy or other estate at will or a lease in a mobile home park because the tenant fails to pay one or more late fees to the landlord; Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant, is responsible for paying; Imposing a late fee more than once for each late payment; Requiring a tenant to pay interest on late fees; Recouping any amount of a late fee from a rent payment made by a tenant; or Charging a tenant a late fee unless the landlord provided the tenant written notice of the late fee within 180 days after the date upon which the rent payment was due. A landlord who commits a violation must pay a $50 penalty to an aggrieved tenant for each violation. Otherwise, a landlord who commits a violation has 7 days to cure the violation, which 7 days begins when the landlord receives notice of the violation. If a landlord fails to timely cure a violation, the tenant may bring a civil action to seek one or more of the following remedies:Compensatory damages for injury or loss suffered; A penalty of at least $150 but not more than $1,000 for each violation, payable to the tenant; Costs, including reasonable attorney fees if the tenant is the prevailing party; and Other equitable relief the court finds appropriate. In an action for possession or collection based upon nonpayment of rent, the tenant may assert, as an affirmative defense the landlord's alleged breach of the warranty of habitability, provided that the landlord had previously received notice of the alleged breach of the warranty of habitability. If a county or district court is satisfied that the defendant is unable to deposit the amount of rent specified into the registry of the court because the defendant is found to be indigent, as described in the act, the defendant shall not be required to deposit any amounts to raise warranty of habitability claims as an affirmative defense and the claim will be perfected.For the 2021-22 state fiscal year, the act appropriates $15,756 to the judicial department. This appropriation is from the general fund and is based on an assumption that the department will require an additional 0.2 FTE. To implement this act, the department may use this appropriation for trial court programs.(Note: This summary applies to this bill as enacted.)
The act requires the state department of human services (state department), beginning in state fiscal year 2024-25, to use the child welfare allocations funding model (funding model) to determine the capped and targeted allocations for child welfare services and the funding required for adoption and relative guardianship subsidies, the independent living program, additional county child welfare staff, and family and children's programs.The funding model determines the appropriate level of funding required to fully meet all state and federal requirements concerning the comprehensive delivery of child welfare services. The act clarifies what must be included in the funding model and requires the state department and the child welfare allocations committee to annually submit a report on the funding model to the joint budget committee.The state department is required to enter into a 3-year agreement with an outside entity to annually modify the funding model based on recommendations from the child welfare allocations committee and evaluations and deliver the results of the model each year. The act requires a child welfare workload study to inform the funding model. To maintain the integrity of the data used in the funding model, the child welfare allocations committee annually examines county practices regarding data collection and financial management, an evaluation group annually evaluates the funding model, and, every 3 years, an outside evaluating entity conducts a comprehensive evaluation of the implementation of the funding model.The act includes a $250,000 appropriation to the state department.(Note: This summary applies to this bill as enacted.)
The act makes several changes to the current child welfare system, including:Ensuring that out-of-home placements in the division of youth services align with the requirements of the federal "Family First Prevention Services Act of 2018" to qualify for Title IV-E reimbursement for such placements; Ensuring appropriate capacity for out-of-home placements in Colorado; Authorizing a county to negotiate rates above the base anchor rates established by the department of human services (department) with licensed out-of-home placement providers serving children in higher acuity cases; Requiring the department to contract with a vendor to update the existing actuarial analysis to include division of youth services out-of-home placement providers and new out-of-home placement provider options under federal law, and to update and fully implement the existing rate methodology with the updated provider rates by September 30, 2021; Commencing with the 2022-23 fiscal year, requiring the department to contract with an independent vendor every 3 years to conduct a new actuarial analysis of all provider rates for licensed out-of-home placement providers, including the division of youth services providers, to update the rate-setting methodology to reflect the new actuarial analysis and to implement any adjusted provider rates by July 1, 2024, and by July 1 of each fiscal year immediately following the fiscal year in which a new actuarial analysis results in adjusted rates; and Requiring the use of a portion of the federal "Family First Transition and Support Act of 2019" funding to be used to support the transition of current providers to a placement option that meets the needs of the child or youth and maximizes federal Title IV-E and medicaid reimbursements. The act requires the department to convene a working group of geographically and demographically diverse partners and stakeholders to provide feedback and recommendations regarding the collection of fees for the residential care of children or youth in out-of-home placement who are not adjudicated dependent or neglected, ensuring compliance with federal law, including but not limited to Title IV of the federal "Social Security Act". On or before March 31, 2022, the department shall submit a report of the recommendations of the working group to select committees of the general assembly.The act appropriates $250,000 to the department from the general fund for use by the child welfare division for provider rate actuarial services.(Note: This summary applies to this bill as enacted.)
The act creates the immigration legal defense fund (fund). The department of labor and employment, as the administrator, awards grants from the fund to qualifying nonprofit organizations (organizations) that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are subject to an immigration proceeding. The act lists permissible uses of grant money awarded from the fund.Organizations that receive a grant from the fund are required to report to the administrator certain information about persons served and services provided by the organization.For the 2021-22 state fiscal year, the act appropriates $100,000 to the immigration legal defense fund from the general fund.(Note: This summary applies to this bill as enacted.)
The act requires county departments of human or social services to apply for the children's habilitation residential program (CHRP) waiver for children with intellectual and developmental disabilities who are referred for placement in the program and show proof of enrollment or denial of eligibility to the department of human services when they apply for placement in CHRP. The act does not guarantee a placement if the child is enrolled in CHRP.For the 2021-22 state fiscal year, the act appropriates $1,162,912 to the department of human services for use by the division of child welfare. This appropriation is from the general fund and is based on an assumption that the division will require an additional 0.5 FTE. To implement this act, the division may use this appropriation for residential placements for children with intellectual and developmental disabilities. Any money appropriated in this section not expended prior to July 1, 2022, is further appropriated to the division for the 2022-23 state fiscal year for the same purpose.(Note: This summary applies to this bill as enacted.)