Sen. Chris Holbert

The act recreates, with amendments, the "Occupational Therapy Practice Act" (Act), which repealed September 1, 2020. Specifically, the act:Recreates and extends the Act for 9 years, until 2030; Modifies the legislative declaration and definitions related to the scope of practice of occupational therapy; Designates "occupational therapy consultant", "M.O.T.", "M.O.T./L.", "occupational therapy assistant", "O.T.A.", and "C.O.T.A." as protected titles and clarifies that individuals who legally practice temporarily as occupational therapists in Colorado may use protected titles; Reorders and amends certain provisions concerning examinations and applications for licensure by occupational therapists and occupational therapy assistants; and Adds certain prohibited behaviors as grounds for discipline.(Note: This summary applies to this bill as enacted.)

Through the end of 2021, the act allows members of a party central committee or vacancy committee to participate in a committee meeting remotely, including by casting the member's vote by e-mail, mail, telephone, or through an internet-based application if allowed by the party's rules.The act permits a state senate, state house of representatives, or county commissioner district committee to hold a meeting to address organizational or administrative matters separate from a meeting of the state or county central committee. A member of a district committee may participate in a separate meeting by remote means if such remote participation has been approved by the chair and vice-chair of the district committee.The act permits a state party central committee or state party executive committee to adopt party rules or bylaws to implement the bill's remote participation provisions. The act also permits a member of the state party central committee or state party executive committee considering such rules or bylaws to participate remotely in a meeting in which the rules or bylaws are being considered.(Note: This summary applies to this bill as enacted.)

The bill requires the state treasurer to transfer $44.5 million from the general fund to the housing development grant fund for the purpose of providing emergency housing assistance to individuals and households who have experienced financial need due to the COVID-19 pandemic or second-order effects of the COVID-19 pandemic. The money must be used by June 30, 2021. The bill also creates the emergency direct assistance grant program (program) in the division of housing (division) within the department of local affairs (department) to provide grants to individuals who have experienced financial need due to the COVID-19 pandemic or second-order effects of the COVID-19 pandemic and are ineligible for certain other types of assistance. The bill allows the division to promulgate rules and requires the department to submit a report to legislative committees of reference with jurisdiction over local government and to the governor concerning the program. The bill creates the emergency direct assistance grant program fund (fund) and directs the state treasurer to transfer $5 million from the general fund to the fund for the program. The division must use the money by June 30, 2021. The program is repealed, effective June 30, 2022. The bill requires the state treasurer to transfer $500,000 from the general fund to the eviction legal defense fund for the purpose of providing legal representation to indigent tenants to resolve civil legal matters arising on and after March 1, 2020, concerning an eviction or impending eviction related to the public health emergency caused by the COVID-19 pandemic. The state court administrator must use the money by June 30, 2021. (Note: This summary applies to this bill as introduced.)

The bill recreates, with amendments, the "Occupational Therapy Practice Act" (Act), which repealed September 1, 2020. Specifically, the bill: Recreates and extends the Act for 9 years, until 2030; Modifies the legislative declaration and definitions related to the scope of practice of occupational therapy; Designates "occupational therapy consultant", "M.O.T.", "M.O.T./L.", "occupational therapy assistant", "O.T.A.", and "C.O.T.A." as protected titles and clarifies that individuals who legally practice temporarily as occupational therapists in Colorado may use the protected titles; Reorders and amends certain provisions concerning examinations and applications for licensure by occupational therapists and OTAs; Adds certain prohibited behaviors as grounds for discipline; and Removes obsolete language.(Note: This summary applies to this bill as introduced.)

Currently, the state or a local licensing authority may suspend or revoke a licensee's license or permit for the licensee's violation of a law related to the regulation of alcohol beverages. The licensee may choose to pay a fine instead of the revocation or suspension. The act: Authorizes the state and local licensing authorities to fine the licensee initially; Increases the potential fine for violations related to alcohol beverages from between $200 and $5,000 to between $500 and $100,000; and Requires the manner in which licensees pay fines to the state licensing authority to be determined by the state licensing authority.(Note: This summary applies to this bill as enacted.)

Section 1 of the act repeals the existing statutory criteria for congressional districts. Sections 2 to 13 of the act establish statutory provisions concerning congressional districts established by the new independent congressional redistricting commission (congressional commission) and update the existing statutory provisions related to the independent legislative redistricting commission (legislative commission), including: Stating the general assembly's intent that the congressional commission and legislative commission (commissions) apply the correct federal citation to the "Voting Rights Act of 1965" rather than the incorrect citation contained in the Colorado constitution; Requiring the legislative commission to designate which year an election for each senate district takes place and to specify from which district a new senator is elected when there is a vacancy in a senatorial district; Requiring the commissions to provide maps of the proposed and final congressional and legislative districts to county clerks, the Colorado supreme court, and the secretary of state; Requiring boards of county commissioners to approve new precinct boundaries and to notify the secretary of state and major party chairs of the new precinct boundaries; Specifying how the secretary of state may correct a redistricting plan if an approved plan fails to include property in any district, includes property in more than one district, or splits a residential parcel; Specifying that the boundaries of a district approved in a redistricting plan do not change if there is a change in a county or municipal boundary; and Requiring the secretary of state to provide maps of districts to candidates. Section 14 of the act requires the commissions to use the total population used by the federal census bureau in reapportioning the seats in congress as adjusted by nonpartisan staff to move certain prisoners from being counted in the prison. Section 15 of the act creates separate accounts within the legislative department cash fund (cash fund) for each of the commissions and transfers money from the cash fund to each of the commissions to pay for their work. Sections 16 to 18 of the act make conforming amendments to update the statutes on the redistricting account in the legislative cash fund, the "Colorado Open Records Act", and duties of county commissioners to reflect the congressional and legislative commissions. Sections 19 to 25 of the act contain nonstatutory provisions relating to the commissions as required by the state constitution, including: Appointing nonpartisan staff to assist the commissions; Directing staff to prepare forms for and review applications from persons interested in serving on the commissions and assisting the panels of retired justices and judges who appoint members of the commissions; Assembling the necessary hardware, software, and information necessary for the commissions and nonpartisan staff to redistrict congressional and legislative districts; and Establishing the necessary procedures for the judicial panels, commissions, and nonpartisan staff to receive a per diem and reimbursement of expenses.(Note: This summary applies to this bill as enacted.)

If a court appoints as an emergency guardian or special conservator a professional person or public administrator, the act requires the court to also appoint a court visitor to interview the respondent and others and report to the court on the supported decision-making surrounding the respondent. Current law allows a court on its own motion or at the request of an interested person to conduct an emergency review of a fiduciary's actions. The act requires the judge to rule on the motion or request within 14 days. (Note: This summary applies to this bill as enacted.)

Currently, the director of research of the legislative council (director) is required to prepare a fiscal impact statement for every initiative that is submitted to the title board. An abstract of this information is required to be included on a petition section that is circulated for signatures. The act modifies this process by: Requiring the director to prepare a fiscal summary that will appear on a petition section instead of an abstract; Specifying that the fiscal summary must include a description of the measure's fiscal impact, including a preliminary estimate of any change in state and local government revenues, expenditures, taxes, or fiscal liabilities if implemented; Requiring the director to provide the fiscal summary when a measure is submitted to the title board; Requiring the director to only prepare the fiscal impact statement, which will not include an abstract, for those initiated measures for which the secretary of state has approved a petition section; and Requiring the fiscal impact statement to be finished 14 days after the petition section was approved. The act allows a proponent or registered elector to challenge a fiscal summary at a rehearing by the title board and the Colorado supreme court in the same manner as abstracts are challenged. The act requires the secretary of state to notify the director that a petition section for an initiative has been approved. To implement the act, the general fund appropriation made in the annual legislative appropriation act for the 2020-21 state fiscal year to the legislative department for use by legislative council is decreased by $7,865, and the corresponding FTE is decreased by 0.1 FTE. (Note: This summary applies to this bill as enacted.)

Preexisting law requires motor vehicle and powersports dealers, salespersons, buyer agents, wholesale auction dealers, business disposers, and wholesalers to have bonds to compensate people for fraud or a violation of the motor vehicle dealer statutes if the violation is designated as recoverable by the motor vehicle dealer board. The act requires the violation to be related to fraud in order for a person to recover from the bond. A person may recover from a bond in an action if the board issues a final agency order with a finding of fraud. (Note: This summary applies to this bill as enacted.)