Early Childhood and School Readiness Legislative Commission. The bill creates the "Helping Others Manage Early (HOME) Childhood Act" (HOME Act). The HOME Act consists of 3 components: A public awareness campaign (campaign), implemented by a third-party entity contracted by the department of human services (department). The campaign will target those persons connected with early childhood in some fashion, from families to providers, and inform them on what is expected from early childhood providers, what is expected from children by the time they enter kindergarten, and what resources are available throughout the state. A series of multicounty workshops directed at early childhood providers to provide information on best practices for effective early childhood education. The multicounty workshops will also provide information on the requirements and procedures for licensure. A series of regional workshops designed to educate interested providers on how to start an early child care center or preschool, as well as any requirements and procedures for licensure. The bill directs that the department provide adequate child care for the multicounty and regional workshops to allow for maximum attendance. The bill includes a repeal date of 2023 with a provision for a mandatory prior review of the effectiveness of the 3 components. (Note: This summary applies to this bill as introduced.)
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Early Childhood and School Readiness Legislative Commission. The bill requires the department of human services (state department) to provide technical assistance and financial incentives to programs that are rated at a level one or 2 in the Colorado shines system (system) to support the programs in advancing to a higher quality level, and to programs that are rated at a level 3, 4, or 5 to support the programs in maintaining a high-quality level or advancing to a higher quality level. Each early childhood council (council) shall support the state department with this assistance by providing local community outreach and engagement strategies. The bill requires each council seeking to apply for school-readiness quality improvement funding (funding) to describe how the council will target and recruit programs that are rated in the system at a level one or higher in the council's 3-year school readiness plan. Councils that received funding prior to the 2020-21 fiscal year must amend the council's 3-year school readiness plan. (Note: This summary applies to this bill as introduced.)
The act creates the "Colorado Partnership for Quality Jobs and Services Act" to facilitate the creation of formal labor-management partnership agreements between state employees in the state personnel system and the executive branch of state government. The act specifies that certain employees in the state personnel system, due to the nature and responsibilities of their jobs, are not able to participate in partnership agreements. State employees who are allowed to participate in partnership agreements are designated covered employees. The act specifies that there is one partnership unit in the state that consists of all covered employees. Any partnership units established pursuant to the existing Colorado executive order that authorizes partnership agreements (executive order) will be merged into the single partnership unit created in the act. Covered employees in a partnership unit that was created by the executive order and that are represented by an employee organization that the partnership unit chose to exclusively represent it (certified employee organization) will continue to be represented by the existing certified employee organization. An employee organization that wants to represent an unrepresented partnership unit may file a petition with the division of labor standards and statistics (division) in the department of labor and employment requesting that it hold an election to determine whether covered employees want to be represented by an employee organization (representation election). An employee organization requesting a representation election is required to submit a petition to the division signed by at least 30% of the covered employees in the partnership unit. The division is required to certify, as the certified employee organization, the employee organization that receives the majority of votes cast by the covered employees. The act specifies circumstances under which the division is not allowed to hold a representation election. The act also specifies that a covered employee or an employee organization may initiate a process to decertify a certified employee organization for a partnership unit. A covered employee has the right to work with an employee organization and communicate with other covered employees to form a partnership agreement or to discuss other work-related issues. A covered employee has the right to refrain from any activities in connection with employee organizations and the partnership process. A covered employee may also opt not to have the state provide certain personal information to a certified employee organization. Certified employee organizations have the right to reasonable access to covered employees at work, through e-mail, and through other forms of communication. A certified employee organization is required to represent the interests of all covered employees, regardless of membership in the employee organization, in the negotiation of a partnership agreement. A certified employee organization is not required to represent covered employees in certain personnel actions. In addition, a certified employee organization is prohibited from threatening, facilitating, supporting, or causing a strike, work stoppage, work slowdown, group sickout, or any other action that would disrupt the daily functioning of the state or any of its agencies or departments. An employee who engages in such activities may be subject to disciplinary action. The act specifies that nothing contained in the employee partnership process impairs the ability of the state to determine, carry out, and administer specified existing duties and rights of the state. The act specifies that the state is required to: Make payroll deductions for membership dues and other payments that covered employees authorize to be made to the certified employee organization; Provide specified information about every covered employee to a certified employee organization on a monthly basis; Allow a certified employee organization to meet with a newly hired covered employee; Allow a certified employee organization to attend orientations for new covered employees; After the state and the certified employee organization reach a partnership agreement, submit a request to the general assembly for sufficient appropriations to implement terms of the partnership agreement requiring the expenditure of money; and Engage in good faith in all aspects of the partnership process. The act specifies that not engaging in such duties constitutes an unfair labor practice that can be subject to review by the division. A certified employee organization and the state are required to discuss and cooperatively draft mutually agreed upon written partnership agreements, which are binding on the state, the certified employee organization, and covered employees. The parties are required to bargain over wages, hours, and terms and conditions of employment. All other subjects are permissive and may be addressed by mutual agreement. A partnership agreement is required to provide a grievance procedure to resolve disputes over the interpretation, application, and enforcement of any provision of the partnership agreement. Meetings held to negotiate a partnership agreement and grievance and arbitration proceedings are not open meetings as defined in law. In addition, records prepared or exchanged prior to submission of a final partnership agreement are not subject to the "Colorado Open Records Act". If disputes arise during the formation of a partnership agreement, the certified employee organization and the state are required to engage in the dispute resolution process established by the act or in a mutually agreed upon alternate procedure. The act specifies how mediators will be selected. If the parties do not reach an agreement on outstanding issues within 30 days of commencing mediation, the mediator is required to issue a recommendation on all of the outstanding issues. Either party may make the mediator's recommendation public. Any controversy concerning unfair labor practices of the state or a certified employee organization may be submitted to the division for review. The state or the certified employee organization may seek judicial review of decisions or orders on representation or decertification petitions, unfair labor practice charges, rules or regulations issued by the division, or an arbitrator's decision. The act makes the following changes to the state personnel system: Eliminates the account dedicated to each department in the state employee reserve fund and requires that the money in the fund be used to provide merit pay to employees in a manner consistent with current law; Repeals the limit on the number of senior executive service employees in the state; and When considering a disciplinary action against an employee in the state personnel system for engaging in or threatening violent behavior against another person while on duty, requires the appointing authority to give predominant weight to the safety of the other person over the interests of the employee. If the appointing authority finds that the employee has engaged in or threatened violent behavior, the appointing authority is authorized to take disciplinary action as deemed appropriate by the appointing authority. The act creates the COVID heroes collaboration fund in the state treasury and requires the state treasurer to transfer $7 million from the state employee reserve fund to the COVID heroes collaboration fund on the effective date of the act. Subject to annual appropriation by the general assembly, applicable state agencies may expend money from the COVID heroes collaboration fund for the purposes of the "Colorado Partnership for Quality Jobs and Services Act". In addition, the act modifies the "Colorado Open Records Act" to specify that records created in compliance with the requirements of a partnership agreement and documents created in connection with the dispute resolution process for a partnership agreement are not public records. The act also makes appropriations to the governor's office and various executive branch agencies for the 2020-21 state fiscal year for the implementation of the act. (Note: This summary applies to this bill as enacted.)
The bill modifies the community solar garden property tax exemption, which exempts the percentage of alternating current electricity capacity of a community solar garden that is attributed to subscribers who are tax exempt, by: Extending the exemption for 5 more property tax years ( section 1 of the bill); and Expanding the exemption to apply to a community solar garden that is a solar energy facility, which is assessed statewide ( section 2 ). For the period that the exemption is extended, the state will reimburse local governments for the lost property tax revenues that result from the newly expanded credit. These payments will be made from the sustainable energy tax policy fund, which consists of the increased revenue as a result of changes to the coal tax made in sections 4 and 5 , and the general fund if there is insufficient money in the fund. In years when the state is required to refund excess state revenues under section 20 of article X of the state constitution (TABOR), the reimbursements to the counties are a TABOR refund mechanism. This refund mechanism only applies after the refunds made to counties for the reimbursements for the senior homestead exemption ( sections 1 and 6 ). Locally assessed solar energy facilities are valued by assessors using valuation procedures developed by the property tax administrator (administrator). Currently, the administrator is required to utilize a cost approach to valuation for all renewable energy facilities. This valuation currently involves a "tax factor" based on a 20-year period. Section 2 extends this period by 10 years and specifies that after the 30 years, a tax factor is not applied and the taxable value shall not exceed the depreciated value floor calculated using the cost basis method. Under section 3 , the administrator will be required to utilize the income approach used for solar energy facilities for a renewable energy facility that would qualify as a solar energy facility if it generated more energy, so that all similar facilities will be valued in the same manner. For purposes of the severance tax on coal, beginning July 1, 2021, section 4 eliminates the quarterly exemption on the first 300,000 tons of coal and the credit for coal produced from underground mines and for the production of lignitic coal. Prior to June 30, 2026, the additional severance tax that results from these changes will be credited to the sustainable energy policy fund, and thereafter it is allocated like other severance tax revenue (section 5).(Note: This summary applies to this bill as introduced.)
The bill codifies a number of preventive health care services currently required to be covered by health insurance carriers pursuant to the federal "Patient Protection and Affordable Care Act" and adds them to the current list of services required to be covered by Colorado health insurance carriers, which services are not subject to policy deductibles, copayments, or coinsurance. The bill expands certain preventive health care services to include osteoporosis screening, urinary incontinence screening, and screening and treatment of a sexually transmitted infection (STI). Current law requires a health care provider or facility to perform a diagnostic exam for an STI and subsequently prescribe treatment for an STI at the request of a minor patient. The bill allows a health care provider to administer, dispense, or prescribe preventive measures or medications where applicable. The consent of a parent is not a prerequisite for a minor to receive preventive care, but a health care provider shall counsel the minor on the importance of bringing the minor's parent or legal guardian into the minor's confidence regarding the services. Current law requires the executive director of the department of health care policy and financing to authorize reimbursement for medical or diagnostic services provided by a certified family planning clinic. The bill defines family planning services and authorizes reimbursement for family planning services. The bill allows staffing by medical professionals to be accomplished through telemedicine. (Note: This summary applies to this bill as introduced.)
The federal "Tax Cuts and Jobs Act", which became law in December 2017, added distributions for elementary or secondary school expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school as qualified distributions from a qualified state tuition program, also known as a 529 account, thereby allowing, on the federal level, income tax-free distributions for elementary and secondary school such expenses in addition to already authorized income tax-free distributions for higher education expenses. The bill amends Colorado law to ensure that a taxpayer may not claim a deduction for contributions to qualified state tuition programs for elementary or secondary school expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school and clarifies that such expenses are not qualified distributions. The bill includes an appropriation to the department of revenue for $11,040 from the general fund. (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.)
Media literacy advisory committee - recommendations - appropriation. The act creates the media literacy advisory committee (committee) within the department of education (department). The committee is responsible for creating a report for the education committees of the house of representatives and the senate regarding the committee's recommendations for implementing media literacy in elementary and secondary education. The commissioner of education is required to appoint members to serve on the committee. The department is required to hire a consultant to perform the research and coordination of the committee required to draft the report for the committee. The act makes an appropriation. (Note: This summary applies to this bill as enacted.) Read More
Sexual misconduct - policies - training - reports - biennial summits - advisory committee. The act requires each institution of higher education (institution) to adopt, periodically review, and update a policy on sexual misconduct (policy). The act establishes minimum requirements for the policies, including reporting options, procedures for investigations and adjudications, and protections for involved persons. Institutions shall promote the policy by posting information on their websites and annually distributing the policy and information. Institutions are required to provide training on awareness and prevention of sexual misconduct, the policy, and resources available to discuss such misconduct. The act requires institutions to report to the department of higher education (department) on their policies and training, and the department shall post the reports on its website and report to the general assembly during its SMART Act hearing. The department shall host biennial summits on sexual misconduct on institution campuses to facilitate communication, share information, and hear from experts. The act identifies the membership of the planning committee for the summits. The planning committees shall report to specified committees of the general assembly on the summits. The act creates a sexual misconduct advisory committee to make recommendations to the general assembly and institutions on sexual misconduct policies at institutions following the promulgation of new federal rules by the federal department of education and annually thereafter. (Note: This summary applies to this bill as enacted.) Read More
Freestanding emergency departments - mandatory licensure - exceptions - appropriation. Effective July 1, 2022, the act creates a new license, referred to as a "freestanding emergency department license". The department of public health and environment (department) may issue the license to a health facility that offers emergency care, that may offer primary and urgent care services, and that is either: Owned or operated by, or affiliated with, a hospital or hospital system and located more than 250 yards from the main campus of the hospital; or Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within 250 yards of, or contained within, a hospital. A facility licensed as a community clinic before July 1, 2010, and that serves a rural community or ski area is excluded from the definition of "freestanding emergency department". The act allows the department to waive the licensure requirements for a facility that is licensed as a community clinic or that is seeking community clinic licensure and serves an underserved population in the state. The state board of health must adopt rules regarding the new license, including rules to set licensure requirements and fees and safety and care standards. $43,248 is appropriated to the department from the health facilities general licensure cash fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Licensing of home care agencies and registration of home care placement agencies - continuation under sunset law. The act implements recommendations of the department of regulatory agencies in its sunset review and report on the licensing of home care agencies and the registration of home care placement agencies by the department of public health and environment (CDPHE) by: Continuing these functions until September 1, 2028; Requiring that money assessed and collected by CDPHE as civil fines against agencies is credited to the general fund rather than to the home care agency cash fund; and Requiring the home care advisory committee to include representatives of home care placement agencies.(Note: This summary applies to this bill as enacted.) Read More