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.)
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The act establishes a special license plate to recognize Colorado nurses. Beginning the earlier of January 15, 2022, or when the department of revenue (department) is able to issue the plates, the department shall issue Colorado nurses license plates to qualified applicants. The nurses foundation that satisfies all applicable requirements may design the Colorado nurses license plate, but the license plate must conform with standards established by the department. A person may apply for a Colorado nurses license plate if the person pays the required taxes and fees and provides to the department a certificate issued by the nurses foundation confirming that the applicant has made a donation to the nurses foundation in an amount that the nurses foundation may determine but that may not exceed $100.For the purpose of addressing the existing statutory requirement that a minimum of 3,000 persons commit to purchasing the Colorado nurses license plate, the department is required to include signatures collected by the Stephen T. Marchello Scholarship Foundation.For each donation that the nurses foundation receives in association with the sale of a Colorado nurses license plate, the nurses foundation shall use a portion of the donation to provide scholarships to nurses from minority populations.For the 2021-22 state fiscal year, the act appropriates $17,490 to the department for use by the division of motor vehicles. Of this amount, $5,400 is appropriated from the Colorado DRIVES vehicle services account in the highway users tax fund for DRIVES maintenance and support, and $12,090 is appropriated from the license plate cash fund for license plate ordering.(Note: This summary applies to this bill as enacted.)
The act creates the Colorado high-impact tutoring program (program) to provide grant funding to local education providers, as defined in the act to include school districts and charter schools and others, to create high-impact tutoring programs (tutoring programs) to address student learning loss and unfinished learning due to the presence of the COVID-19 pandemic in Colorado.A local education provider or group of providers may apply to the department of education (department) for a grant. To receive a grant, a local education provider shall apply to the department and shall demonstrate need, as determined by the department, which may include serving low-income or underserved students. The application must also include the local education provider's plan for its tutoring program (program plan), which must include the elements of a tutoring program and must detail how the local education provider will implement the program plan. The department shall review grant applications, and the commissioner of education (commissioner) shall award grants. In awarding grants, the commissioner shall consider the alignment of the local education provider's program plan with the requirements of the tutoring program, the number of students projected to be served, the needs of a rural local education provider for financial or technical support to implement a tutoring program, the cost of implementing the local education provider's tutoring program, the amount of available money for program grants, and any other criteria determined by the commissioner. The state board of education may promulgate rules necessary to implement the program.Each year in which a grant is awarded, the act requires a local education provider receiving a grant to report to the department information concerning the implementation of the tutoring program, including student outcomes. The department shall also report annually to the education committees of the general assembly summarizing local education providers' tutoring programs and student outcomes. The department is not required to implement the program if there is insufficient money to award program grants. The act is repealed July 1, 2026.The act appropriates $4,981,720 and 1.1 FTE to the department of education to implement the act.(Note: This summary applies to this bill as enacted.)
The act transfers $10 million from the general fund to the public school capital construction assistance fund (assistance fund) for the purpose of providing "Building Excellent Schools Today Act" (BEST) grants to fund public school air quality improvement projects. The public school capital construction assistance board (board) is authorized to make the grants and is required to prioritize grant awards based on grant applicants' existing calculated local match requirements for BEST grants, with applicants with the lowest matching money requirements having the highest priority and applicants with the highest matching money requirements having the lowest priority. The board is also required to submit a report about the grants to the general assembly during the department of education's 2022 "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation to legislative committees of reference. Notwithstanding the use of existing calculated local match requirements for grant prioritization purposes, the grants are exempted from existing matching money requirements for BEST grants. $10 million is appropriated from the assistance fund to the board for state fiscal year 2020-21, and any of the money not expended before July 1, 2021, is further appropriated to the board for state fiscal year 2021-22 for the same purpose.(Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer $1,500,000 from the general fund to the family and medical leave insurance fund for the purpose of defraying expenses incurred by the division of family and medical leave insurance (division) before the division receives premium revenue or revenue bond proceeds. The transfer is a loan from the state treasurer to the division that is required to be repaid and is not a grant for purposes of the state constitution or any other state law.The division is required to repay the loan and accumulated interest by December 31, 2023.Of the $1,500,000 transferred pursuant to the act:$1,162,202 is available for use by the division for program costs, including an additional 6.0 FTE; $231,920 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department of labor and employment; and $105,878 is reappropriated to the department of law to provide legal services for the department of labor and employment.(Note: This summary applies to this bill as enacted.)
As part of the federal "American Rescue Plan Act of 2021" (federal act), the state will receive $3,828,761,790, and $380 million of that money will be used for transportation infrastructure. The act creates the "American Rescue Plan Act of 2021" cash fund (fund) and requires the state treasurer to deposit $3,448,761,790, which is the balance of the federal funds after the transportation infrastructure use, in the fund.The general assembly may transfer money from the fund to another cash fund that is established for the purpose of using the money from the federal coronavirus state fiscal recovery fund, and the act establishes requirements for this type of cash fund or one that includes any subsequent transfers or appropriations (recipient fund). If there is any money remaining in the fund after the legislatively authorized transfers during the 2021 legislative session, then the governor is authorized to allocate up to $300 million for the purposes permitted under the federal act, and the money is continuously appropriated to the departments the governor designates.In order to ensure proper accounting for and compliance with the federal act, if a recipient fund has money from other sources, then the state controller shall establish an identical, companion fund that only includes the federal funds from the federal act.Money in the fund or a recipient fund must be expended or obligated by December 31, 2024, and any money obligated by December 31, 2024, must be expended by December 31, 2026. The state treasurer is required to transfer the unused and unobligated amounts in the fund as of December 31, 2024, to the unemployment compensation fund. A department is prohibited from using any money from the fund or a recipient fund for any purpose prohibited under the federal act, and transfers from the fund to the general fund are prohibited.The state controller is required to provide the secretary of the treasury of the United States with the periodic reports about the state's use of the money from the fund or a recipient fund. Departments and persons receiving money from departments are required to comply with any reporting record-keeping requirements established by the state controller and the office of state planning and budgeting (office) and with any program evaluation requirements established by the office. The office is required to provide the joint budget committee with a yearly performance report, which includes the information the state controller provides to the secretary.The act also modifies existing federal funds reporting requirements so that, like the reporting on the money from the recipient funds, the joint budget committee receives annual reports instead of quarterly reports. In addition, the state controller is required to make the reports instead of the office, and the information required to be submitted is modified.(Note: This summary applies to this bill as enacted.)
Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by: Directing the AQCC to: Consider the social cost of GHG emissions; Require GHG reductions on a linear or more stringent path; and Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program; Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040. Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.(Note: This summary applies to this bill as introduced.)
The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless: Custodial arrest is statutorily required; The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle, or motor vehicle theft ; or The officer is unable to sufficiently verify the individual's identity absent a custodial arrest. The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear, unless: The defendant failed to appear when a witness was subpoenaed or a civilian witness was on call; The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or The defendant has failed to appear 2 or more times more than one time in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless: The violation was for a failure to comply with any court- ordered treatment related to a sex offense or domestic violence; The defendant has already had probation revoked for failure to comply in the case; or The court finds the defendant is likely to flee prosecution. The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction. The bill requires annually each county jail to provide information regarding jail population and each judicial district to provide information regarding bonds, failures to appear, and summons to the division of criminal justice in the department of public safety. The division shall compile a report of the information and post the report on its website. The bill creates a fund to pay for the study using 25% of the money collected on a failure to appear personal recognizance bond. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions. The bill appropriates $24,436 from the general fund to the judicial department for trial courts to implement the bill. The bill appropriates $50,375 from the general fund to the department of public safety for the division of criminal justice to implement the bill. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The department of personnel (department) is required to contract for the services of a pharmacy benefit manager (PBM) for group benefit plans provided pursuant to the "State Employees Group Benefits Act" (state employee group benefits plans) and to procure a technology platform with the required capabilities for conducting a PBM reverse auction and the related services of a technology platform operator.The department is required to repurpose the technology platform used to conduct the reverse auction over the duration of the PBM services contract to perform reviews of all invoiced PBM prescription drug claims, and to identify all deviations from the specific terms of the PBM services contract. The department is required to reconcile the electronically adjudicated pharmacy claims with PBM invoices to ensure that state payments do not exceed the terms specified in any PBM services contract.Each PBM reverse auction is required to be completed and the PBM services contract awarded to the winning PBM within a specified timeline.The department may perform a market check for providing PBM services during the term of the current PBM services contract to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract.To ensure that the department does not incur additional expenditures associated with the requirements of the act, the department is required to implement a no-pay option that obligates the winning PBM to pay the cost of the technology platform and related technology platform operator services by assessing a per-prescription fee and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract.The act allows other health plans to use the processes and procedures established in the act individually, collectively, or as a joint purchasing group with the state employee group benefits plans.After completion of the first state employees group benefits plans PBM reverse auction, self-funded private sector employer or multi-employer health plans have the option to participate in a joint purchasing pool with state employees for conduct of subsequent PBM reverse auctions.The state employees group benefits plans and any self-funded public or private sector health plans that opt to participate with the state employees group benefits plans in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design.Any PBM providing services to the department or a self-funded public or private sector employee health plan is required to provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.The department may elect to vacate the outcome of a PBM reverse auction if the lowest cost bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department.(Note: This summary applies to this bill as enacted.)
The act adds the terms "gender expression" and "gender identity" to statutes prohibiting discrimination against members of a protected class, including statutes prohibiting discriminatory practices in the following areas:Membership of the Colorado civil rights commission; Employment practices; Housing practices; Places of public accommodation; Publications that advertise places of public accommodation; Consumer credit transactions; Selection of patients by direct primary health care providers; Sales of cemetery plots; Membership in labor organizations; Colorado labor for public works projects; Issuance or renewal of automobile insurance policies; The provision of funeral services and crematory services; Eligibility for jury service; Issuance of licenses to practice law; The juvenile diversion program; Access to services for youth in foster care; Enrollment in a charter school, institute charter school, public school, or pilot school; Local school boards' written policies regarding employment, promotion, and dismissal; The assignment or transfer of a public school teacher; Leasing portions of the grounds of or improvements on the grounds of the Colorado state university - Pueblo and the Colorado school of mines; Enrollment or classification of students at private occupational schools; Training provided to peace officers concerning the prohibition against profiling; Criminal justice data collection; Employment in the state personnel system; The availability of services for the prevention and treatment of sexually transmitted infections; Membership of the health equity commission; The availability of family planning services; Requirements for managed care programs participating in the state medicaid program and the children's basic health plan; The treatment of and access to services by individuals in facilities providing substance use disorder treatment programs; Employment practices of county departments of human or social services involving the selection, retention, and promotion of employees; Practices of the Colorado housing and finance authority in making or committing to make a housing facility loan; The imposition of occupancy requirements on charitable property for which the owner is claiming an exemption from property taxes based on the charitable use of the property; Practices of transportation network companies in providing services to the public; and The determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible.(Note: This summary applies to this bill as enacted.)