Sen. Leroy M. Garcia, Jr.

The act specifies that for any act, item, section, or part of an act that is enacted by a bill with an act subject to petition clause during the second regular session of the seventy-second general assembly (2020 legislative session): The act, item, section, or part of the act takes effect at 12:01 a.m. on the day following the expiration of the 90-day period after adjournment sine die of the 2020 legislative session (September 14, 2020, because adjournment sine die was on June 15, 2020), unless a later date is otherwise specified in the act; and If a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against an act, item, section, or part of the act within the 90-day period after adjournment sine die of the 2020 legislative session, then the act, item, section, or part of the act will not take effect unless approved by the people at the general election to be held in November 2022 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.(Note: This summary applies to this bill as enacted.)

Currently, members of the general assembly who reside in the Denver metropolitan area are entitled to receive up to $45 per legislative day for expenses incurred during the sessions of the general assembly. In lieu of this amount, members who do not reside in the Denver metropolitan area are entitled to an amount equal to 85% of the federal per diem rate for the city and county of Denver, which is $219 for the 2019-2020 fiscal year. The act freezes the amount to be paid to members who do not reside in the Denver metropolitan area to this current amount for the 2020-2021 fiscal year. (Note: This summary applies to this bill as enacted.)

The act directs the public utilities commission (PUC) to exercise its existing authority to require information from regulated public utilities in the areas of: The number of utility customers who are exempted from tiered rates due to a medical condition or the use of medical equipment requiring higher amounts of electricity than other customers, and the efforts the public utilities are taking to ensure that customers entitled to the exemption are able to do so; and Disconnections and delinquencies, including the number of disconnections and a narrative analysis of any trends or inconsistencies revealed by the data. The act also raises the income threshold for eligibility for a medical exemption from tiered electricity rates from 250% of the federal poverty level (FPL) to 400% of the FPL. The act directs the PUC, on or before September 1, 2020, to open rulemaking proceedings to prescribe standard practices for disconnection due to nonpayment, including the provision of resources to support customers in multiple languages, as appropriate to the geographic areas served; standard terms for repayment plans to cure delinquencies; and a prohibition on remote disconnection without a reasonable attempt to make contact with the customer of record by telephone or engaging in a personal, physical visit to the premises. For any change in a public utility's rate design approved on or after September 1, 2020, the act requires that the change of design be revenue-neutral and creates a presumption that a change of design that has a disproportionate impact on low-income residential customers compared to other residential customers is presumed to be contrary to the public interest. The act appropriates $16,545 to the department of regulatory agencies for use by the PUC. (Note: This summary applies to this bill as enacted.)

The act transfers $1,000,000 from the general fund to the capital construction fund for use by the department of natural resources to develop infrastructure to open a state park on the property surrounding Fishers Peak. The parks and wildlife commission is instructed to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of developing and improving Fishers Peak state park. By December 1, 2020, the commission will submit a report to the general assembly detailing state park funding needs and shortfalls. The general fund appropriation made in the annual general appropriation act for the 2020-21 state fiscal year to the office of the governor for use by the office of information technology for applications administration is decreased by $1,000,000, thus enabling the transfer of $1,000,000 from the general fund to the capital construction fund. The act appropriates $1,000,000 from the capital construction fund to the department of natural resources for use by the division of parks and wildlife for capital construction related to infrastructure development projects, including conducting any necessary cultural and natural resource studies, at the new Fishers Peak state park in Las Animas county. (Note: This summary applies to this bill as enacted.)

Starting in the 2021-22 fiscal year, the community college system must work with school districts, boards of cooperative services, the Colorado school for the deaf and the blind, and charter schools to provide information to the parents of students enrolled in grades 6 through 8 concerning concurrent enrollment opportunities available in grades 9 through 12. The community college system may start creating and disseminating the information in the 2020-21 fiscal year if it determines it can do so within existing resources. (Note: This summary applies to this bill as enacted.)

Beginning July 1, 2023, the act requires all local law enforcement agencies and the Colorado state patrol to issue body-worn cameras to their officers, except for those working in jails, working as administrative or civilian staff, the executive detail of the state patrol, and those working in court rooms. A peace officer shall wear and activate a body-worn camera when responding to a call for service or during any interaction with the public initiated by the peace officer when enforcing the law or investigating possible violations of the law. A peace officer may turn off a body-worn camera to avoid recording personal information that is not case related; when working on an unrelated assignment; when there is a long break in the incident or contact that is not related to the initial incident; and during administrative, tactical, and management discussions. A peace officer does not need to wear or activate a body-worn camera if the peace officer is working undercover. The act creates inferences, presumptions, and sanctions for failing to activate or tampering with a body-worn camera. The act requires all recordings of an incident be released to the public within 21 days after the local law enforcement agency or Colorado state patrol receives a complaint of misconduct. The act allows for redaction or nonrelease of the recording to the public if there is a specified privacy interest at stake. Beginning July 1, 2023, the act requires the division of criminal justice in the department of public safety (division) to create an annual report of the information that is reported to the division, aggregated and broken down by state or local agency that employs peace officers, along with the underlying data. Each local agency and the Colorado state patrol that employs peace officers shall report to the division: All use of force by its peace officers that results in death or serious bodily injury; All instances when a peace officer resigned while under investigation for violating department policy; All data relating to contacts conducted by its peace officers; and All data related to the use of an unannounced entry by a peace officer. The division of criminal justice shall maintain a statewide database with data collected in a searchable format and publish the database on its website. Any state or local law enforcement agency that fails to meet its reporting requirements is subject to suspension of its funding by its appropriating authority. If any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of physical force or the failure to intervene in another officer's use of unlawful force or is found civilly liable in either case, the P.O.S.T. board shall permanently revoke the peace officer's certification. The P.O.S.T. board shall not, under any circumstances, reinstate the peace officer's certification or grant new certification to the peace officer unless exonerated by a court. The act states that in response to a protest or demonstration, a law enforcement agency and any person acting on behalf of the law enforcement agency shall not: Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a manner that targets the head, pelvis, or back; Discharge kinetic impact projectiles indiscriminately into a crowd; or Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, followed by sufficient time and space to allow compliance with the order. The act allows a person who has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer to bring a civil action for the violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity is not a defense to the civil action. The act requires a political subdivision of the state to indemnify its employees for such a claim; except that if the peace officer's employer determines the officer did not act upon a good faith and reasonable belief that the action was lawful, then the peace officer is personally liable for 5 percent of the judgment or $25,000, whichever is less, unless the judgment is uncollectible from the officer, then the officer's employer satisfies the whole judgment. A public entity does not have to indemnify a peace officer if the peace officer was convicted of a criminal violation for the conduct from which the claim arises. The act creates a new use of force standard by limiting the use of physical force and limiting the use of deadly force when force is authorized. The act prohibits a peace officer from using a chokehold. The act requires a peace officer to intervene when another officer is using unlawful physical force and requires the intervening officer to file a report regarding the incident. If a peace officer fails to intervene when required, the P.O.S.T. shall decertify the officer. Under current law, if a grand jury does not bring charges against a person, the grand jury may issue a report. The act requires the grand jury to issue a report when it does not charge a person. Beginning, January 1, 2022, the act requires the P.O.S.T. board to create and maintain a database containing information related to a peace officer's: Untruthfulness; Repeated failure to follow P.O.S.T. board training requirements; Decertification; and Termination for cause. The act makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by peace officers that deprives persons of rights, privileges, or immunities secured or protected by the constitution or laws of the United States or the state of Colorado. Whenever the attorney general has reasonable cause to believe that a violation of this provision has occurred, the attorney general may in a civil action obtain any and all appropriate relief to eliminate the pattern or practice. The act allows the P.O.S.T. board to revoke peace officer certification for a peace officer who has failed to complete required peace officer training after giving the officer 30 days to satisfactorily complete the training. The act gives the P.O.S.T. board the authority to promulgate rules for enforcement of the provisions related to peace officer certification. The attorney general may bring criminal charges for violations of the provisions related to peace officer certification if violation is willful or wanton, or impose fines upon any individual officer or agency for failure to comply with the provisions related to peace officer certification. The act requires a peace officer to have a legal basis for making a contact. After making a contact, a peace officer shall report to the peace officer's employing agency information that the agency is required to report to the division of criminal justice. The act appropriates $617,478 from the highway users tax fund to the department of public safety for use by the Colorado state patrol. To implement this act, the patrol may use this appropriation as follows: $50,288 for civilians, including an additional 1.0 FTE; $7,550 for operating expenses; $463,700 for information technology asset maintenance; and $95,940 for the purchase of legal services, which is reappropriated to the attorney general's office.(Note: This summary applies to this bill as enacted.)

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.)

Current law allows the Colorado economic development commission to allow, subject to an annual maximum program amount, certain businesses that make a $100 million strategic capital investment in the state, and subject to the requirements of the specified income tax credits, to treat any of the following income tax credits allowed to the business as either carry forwardable for a 5-year period or transferable: Colorado job growth incentive tax credit; Enterprise zone income tax credit for investment in certain property; Income tax credit for new enterprise zone business employees; and Enterprise zone income tax credit for expenditures for research and experimental activities. This bill extends this program for another 3 years. (Note: This summary applies to this bill as introduced.)