Sen. Rhonda Fields

The creative industries division in the office of economic development is authorized to spend money credited to the creative industries cash fund from the capital construction fund for the purposes of the art in public places program that is unexpended and unencumbered at the end of a fiscal year in the next 2 fiscal years, rather than in the next fiscal year only, without further appropriation. (Note: This summary applies to this bill as enacted.)

The act directs the state treasurer to transfer $3,698,586 from the general fund to the division of professions and occupations cash fund for use beginning in the 2022-23 state fiscal year and until fully expended to fund the expenses of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners in order to facilitate fee relief for mental health professionals regulated by those boards. (Note: This summary applies to this bill as enacted.)

The act: Expands the definition of "service provider" in the employment support and job retention services program (program) to include faith-based organizations and churches, community centers, neighborhood organizations, food banks, outreach providers, and local entities that provide employment services to community members; Modifies the eligibility criteria for receiving services and the list of reimbursable services under the program; Appropriates $250,000 annually from the general fund to the employment support and job retention services program cash fund; Extends the program until September 1, 2029; and Modifies the current reporting requirements to require the division of employment and training in the department of labor and employment to report on the efficacy of the program during the department's presentations at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.(Note: This summary applies to this bill as enacted.)

The act requires the state treasurer to transfer $3,900,000 from the general fund to the Colorado DRIVES vehicle services account in the highway users tax fund. This transfer allows the department to maintain the current driver license fee while supporting the solvency of the fund. (Note: This summary applies to this bill as enacted.)

Pursuant to House Bill 20-1026, effective January 7, 2025, the counties of Douglas, Elbert, and Lincoln will move from the eighteenth judicial district to a newly created twenty-third judicial district. Under the state constitution, district judges serve the term to which they were elected but may serve in another judicial district if the other district encompasses the county of the judge's residence. Under this measure, by November 30, 2024, the governor would designate judges serving in the eighteenth judicial district to serve the remainder of their terms in the twenty-third judicial district. All judges so designated shall establish residency in the twenty-third judicial district by January 7, 2025. (Note: This summary applies to this concurrent resolution as adopted.)

Beginning January 1, 2023, the bill grants a survivor of torture who is receiving care and rehabilitation services from a rehabilitative service provider eligibility for medical assistance without federal financial participation. (Note: This summary applies to this bill as introduced.)

Current law prohibits a person who is under 18 years of age from using a mobile electronic device when driving. The bill applies the prohibition to a person who is 18 years of age or older unless the person is using a hands-free accessory. The following uses are exempted: By a person reporting an emergency to state or local authorities; By an employee or contractor of a utility services provider when responding to a utility emergency; By a person operating a commercial truck when using a mobile data terminal that transmits and receives data; By a first responder; or By a person in a motor vehicle that is lawfully parked. The penalties for a violation are: For a first offense, $150 $75 and 2 license suspension points; For a second offense within 24 months, $250 $150 and 3 license suspension points; and For a third or subsequent offense within 24 months, $500 $250 and 4 license suspension points. It is an affirmative defense to a The violation will be dismissed if the defendant has not previously committed a violation, produces proof of purchase of a hands-free accessory, and affirms, under penalty of perjury, that the defendant has not previously claimed this affirmative defense option to dismiss . Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The bill clarifies that the peace officer must record whether the bill has been violated. A peace officer is prohibited from stopping a driver or issuing a citation for a violation of the bill unless the officer visually observes the operator using, holding, or physically supporting with any part of the person's body the mobile electronic device. The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, will create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving. To implement the bill, $23,941 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax 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.)

The bill creates the healthy school meals for all program (program) in the department of education (department) to reimburse school food authorities for free meals provided to students who are not eligible for free or reduced-price meals under the federal school meals programs. The program begins operating in the 2023-24 budget year, subject to the state being selected to participate in the federal demonstration project to use medicaid eligibility to identify students who are eligible for the federal school meals programs (demonstration project). A school food authority that chooses to participate in the program (participating school food authority) must: Provide free meals to all students enrolled in the public schools that the participating school food authority serves; Provide to the department annual notice of participation; and Maximize the amount of federal reimbursement by participating in the federal community eligibility provision to identify students who are eligible for the federal school meals programs. The amount of reimbursement distributed pursuant to the program is equal to the federal free reimbursement rate multiplied by the total number of meals served, minus any other federal or state reimbursement the school food authority receives for providing meals. The bill requires the department to: Participate in the federal community eligibility provision for the state as a whole, if that option is available; and Apply to participate in the demonstration project. Under the bill, a participating school food authority that creates a parent and student committee to advise on food purchasing (advisory committee) is eligible to receive a local food purchasing grant (grant) to purchase Colorado grown, raised, or processed products for school meals. Each eligible participating school food authority must comply with reporting requirements. The bill establishes the amount of the grants, limits on how the grant money may be spent, and the required membership of the advisory committee. The department must annually review a sample of the invoices for purchases made using grant money to ensure compliance with purchasing requirements. Under the bill, a participating school food authority may receive an additional amount to increase the wages for individuals employed to prepare and serve food. The bill creates the local school food purchasing technical assistance and education grant program (grant program), under which a statewide nonprofit organization distributes grants to promote the purchase of Colorado grown, raised, or processed products by participating school food authorities and to assist participating school food authorities in preparing meals using basic ingredients rather than processed products. The nonprofit organization must report annually to the department concerning implementation of the grant program. The department must submit to committees of the general assembly a biennial report concerning implementation of the program. The department must contract with an independent auditor to conduct a biennial financial and performance audit of the program. The report and the audit must include implementation of the program, implementation of the local food purchasing grants, use of the additional amount for increasing wages, and implementation of the grant program. The bill directs the general assembly to appropriate annually, by line item in the annual appropriation bill, the amount necessary to implement the program, including a specified amount for the grant program. (Note: This summary applies to this bill as introduced.)

Section 1 of the bill makes legislative findings. Section 3 prohibits a cigarette, tobacco product, or nicotine product (product) retailer from selling, offering for sale, advertising for sale, displaying, shipping, delivering, or marketing in the state any flavored product, and section 2 defines flavored product as a product imparting a taste or smell other than the taste or smell of tobacco. Section 3 also prohibits the sale, offer for sale, advertising for sale, displaying, or marketing of a synthetic nicotine product and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco. A retailer, manufacturer of products, or employee or agent of a retailer or manufacturer of products engages in conduct creating a rebuttable presumption that a product is a flavored product if the person makes a public statement or claim, uses text or images, or takes other action directed toward consumers indicating that the product has a taste or smell other than the taste or smell of tobacco. Section 3 exempts pipe tobacco products, premium cigars, and shisha tobacco from the prohibition, as well as exempting a cigar-tobacco bar located in a licensed gaming establishment.Section 4 imposes the same penalties for selling, offering for sale, advertising for sale, displaying, or marketing in the state any flavored product or synthetic nicotine product that apply to unlawful sales of products to minors.Section 5 amends the definition of product to include products containing synthetic nicotine. and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco.Section 6 directs the prevention services division in the department of public health and environment (department) to convene a working group to develop, implement, and administer a grant program to award 2-year grants to applicants who are able to provide evidence-informed and individualized wrap-around services in Sections 6 and 7 add to the tobacco education, prevention, and cessation grant program in the department of public health and environment the authority to award grant money to provide resources to communities disproportionately impacted by targeted tobacco and nicotine marketing and sales or by increased or minimally improved tobacco-use and nicotine-use prevalence rates. Section 6 also directs the general assembly to appropriate $10 million from the general fund to the department for the grant program. and by the prevalence of tobacco and nicotine product use. (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 act updates the "Victim Rights Act" (act). The purpose of the act is to ensure all victims of crimes are protected by law enforcement agencies, prosecutors, and judges. The act updates include: Allowing a victim or the victim's designees to appear in court proceedings in person, by phone, or virtually by audio or video, or similar technology; Establishing for victims the right to receive a free copy of the initial incident report from the investigating law enforcement agency that includes, at a minimum, the victim's name, the offender's name, the date of the crime, the charges, and a summary of the incident. The investigating law enforcement agency is required to notify the district attorney of the information the victim received in the incident report and when it was provided to the victim. The district attorney is required to provide this information to any defendant involved in the case through the discovery process. Requiring defendants to attend sentencing hearings in person, by phone, or virtually by audio or video, or similar technology, to hear the victim's impact statement, unless the court excludes the defendant; Clarifying that the prosecutor shall explain the defendant's sentencing terms to the victim; Requiring the court to provide the victim or the victim's designee with translation or interpretation services as needed during all critical stages of the hearing; Requiring a court to order a bond hearing in any case that falls under the act; Clarifying that a designee or designees may represent the interests of a victim who is deceased or incapacitated; Clarifying that a party issuing a subpoena pursuant to Rule 17 of the Colorado rules of criminal procedure for the production of a victim's privileged records or a subpoena requesting a victim's compensation records shall file specific information with the court and serve that information to any opposing party; and Clarifying that the court shall quash any subpoena and not receive any records protected by privilege, unless the court finds, based on evidence, that the victim expressly or impliedly waived the statutory privilege. The act outlines when the court shall determine whether to receive and release any records relating to the victim.(Note: This summary applies to this bill as enacted.)