Sen. James Coleman

In 2009, the general assembly enacted legislation to merge the Denver public schools retirement system into the public employees' retirement association (PERA), effective January 1, 2010. The merger legislation created a Denver public schools (DPS) division within PERA and set the employer and member contribution rates for that division. The merger legislation also required PERA to calculate a true-up beginning January 1, 2015, and every fifth year thereafter, to determine whether the DPS employer contribution rate must be adjusted to assure the equalization of the DPS division's ratio of unfunded actuarial accrued liability over payroll to the PERA school division's ratio of unfunded actuarial accrued liability over payroll at the end of the 30-year period that began on January 1, 2010 (equalization of the 2 divisions). If necessary, the PERA board is required to recommend that the general assembly adjust the DPS total employer rate to assure the equalization of the 2 divisions. The general assembly enacted the last true-up for the equalization of the 2 divisions in 2015. In furtherance of the true-up for the equalization of the 2 divisions, beginning on July 1, 2023, the bill reduces the total employer contribution rate for the DPS division from 10.4% to 7.15% of salary. The bill does not alter the employer or member contribution rate for any other division of PERA. (Note: This summary applies to this bill as introduced.)

The act establishes the state procurement equity program (program) in the department of personnel (department) for the purpose of reducing disparities identified in the state disparity study report prepared as required by Senate Bill 19-135 between the availability of historically underutilized businesses and the utilization of such businesses in state procurement. For preliminary implementation of the program, the department, in line with recommendations made in the state disparity study report, is required to: Provide solicitation assistance, defined by the act as the provision of real-time responses to questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts; and Create a bond assistance program to help historically underutilized businesses to offset all or a portion of the cost of obtaining a surety bond that is required for a solicitation for a state procurement opportunity. The act transfers $2 million from the general fund to a newly created bond assistance program cash fund, and the fund is continuously appropriated to the department to implement the bond assistance program. The department is also required to convene, contract with a facilitator to facilitate discussion among, engage in consultation with, and strongly consider the formal policy recommendations of a stakeholder group, which, to the extent practicable, consists of government employees with procurement expertise, an employee of the procurement technical assistance center, a representative of the associated general contractors, owners or high-ranking employees of various types of historically underutilized businesses, and owners or high-ranking employees of businesses that are not historically underutilized businesses but have a demonstrable record of successful engagement and contracting with small businesses and have competed for or been awarded state contracts. The stakeholder group also includes any other individuals who have a demonstrable commitment to furthering equity in government procurement and substantial knowledge of procurement equity best practices who the department deems necessary or appropriate to include. The stakeholder group is required to: Closely examine the findings, conclusions, and recommendations in the state disparity study report; Using the information in the state disparity study report as a baseline for studying procurement equity programs in other states and at the federal and large local government level, identify best practices for successful program implementation and administration; and No later than November 1, 2023, present to the department a report of specific findings, remedial measures, and recommendations that includes, at a minimum: Prioritization of the recommendations in the state disparity study report; Confirmation or refutation of specified disparity study report findings; A preliminary estimate of the amount of initial and ongoing funding, personnel, information technology resources, and other resources needed to implement the policy recommendations and remedial measures in accordance with identified best practices; A step-by-step timeline for full implementation of the program; Suggested methodologies and metrics for evaluating the success of the program and ensuring program accountability on both the state agency and prime contractor sides; and Identification of any public or private sources of funding or other resources that may be available to expedite the implementation or ongoing administration of the program and reduce costs to the state. The department is required to report on its progress and policy recommendations and any suggested remedial measures of the stakeholder group, the preliminary plans, recommendations, and remedial measures of the department regarding full implementation of the program, and any recommendations that the department has regarding the need for related legislation during its January 2025 annual presentation to legislative oversight committees required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". $2,007,707 is appropriated from the general fund to the department, of which: $1,046,345 is for use by the executive director's office for the state procurement equity program; $961,362 is for use by the division of human resources for liability claims and liability legal services; and $114,824 is reappropriated from the money appropriated to the department to the office of information technology for the purpose of providing information technology services for the department.(Note: This summary applies to this bill as enacted.)

The act creates a refundable income tax credit (credit) that is available for the income tax year commencing on January 1, 2022, for a qualifying senior, which means a resident individual who: Is 65 years of age or older at the end of 2022; Has federal adjusted gross income (AGI) that is less than or equal to $75,000; and Has not claimed a homestead property tax exemption for the 2022 property tax year. The amount of the credit is $1,000 for a qualifying senior with federal AGI that is $25,000 or less. For every $500 of AGI above $25,000, the amount of the credit is reduced by $10. In the case of 2 taxpayers who share the same primary residence and who may legally file a joint return but actually file separate returns, both taxpayers may claim the credit, but the maximum credit for each taxpayer is $500 and, for every $500 of adjusted gross income above $25,000, the amount of the credit is reduced by $5. Notwithstanding the income-based reductions in the allowable credit amount, a taxpayer who also qualifies for a property tax and rent assistance grant or heat assistance grant during calendar year 2022 is eligible to receive the full credit. The property tax administrator is required to provide reports from counties related to taxpayers who are eligible for and actually claim the homestead property tax exemption. (Note: This summary applies to this bill as enacted.)

The act creates the legislative oversight committee (committee) concerning Colorado jail standards and the Colorado jail standards commission (commission) in the legislative branch. The committee consists of 6 members of the General Assembly and oversees the commission. The committee may introduce up to 3 pieces of legislation in the 2024 session based on recommendations from the commission. The commission recommends standards for the operation of Colorado's county jails (jails). The commission consists of the following 22 members: 5 sheriffs or senior jail administrators; 2 county commissioners; 3 people with lived experience of being incarcerated or having a family member who is or was incarcerated in a jail; One mental health professional with experience working in a jail; One person representing competency services; One person representing the behavioral health administration; One person representing police officers; One person representing a lesbian, gay, bisexual, transgender, or queer advocacy organization; One person representing an organization advocating for the rights of people with disabilities; One person representing an organization advocating for the rights of communities of color; One person representing an organization advocating for the rights of persons with mental or physical disabilities; One non-law-enforcement person with experience working in a jail; The state public defender or the state public defender's designee; One district attorney; and One person representing the department of public safety with expertise in jail operations. The commission shall recommend standards for all aspects of jail operations as follows: Reception and release; Classification of inmates; Security; Housing; Sanitation and environmental conditions; Communication; Visitation; Health care, mental and behavioral health care, and dental care; Food service; Recreation and programming; Inmate disciplinary processes; Restrictive housing; Inmate grievances; Staffing; and Inmates' prerogatives. The commission shall complete a report that includes its recommendations regarding the feasability of jails of various sizes and their ability to implement the recommendations and present it to the committee for approval by November 15, 2023. The act repeals the committee and commission on July 1, 2024. The act appropriates $96,039 from the general fund to the legislative department. (Note: This summary applies to this bill as enacted.)

The act creates the statewide equity office (office) in the department of personnel. The office is charged with providing best practices, resources, and guidance for state agencies in offering equitable services to the residents of Colorado as well as providing an accepting and diverse environment for state employees. The act outlines the duties and responsibilities of the office. For the 2022-23 state fiscal year, the act makes the following general fund appropriations: $1,793,072 to the department of personnel for use by the executive director's office, of which: $324,064 is reappropriated to the department of human services; $194,878 is reappropriated to the department of revenue; $61,845 is reappropriated to the department of regulatory agencies; and $74,990 is reappropriated to the department of health care policy and financing, which amount is based on an assumption that the department of health care policy and financing will receive $74,990 in federal funds for the act's implementation.(Note: This summary applies to this bill as enacted.)

The act requires, on or before January 1, 2023, the department of labor and employment (department), in partnership with the business experiential-learning commission in the department, the office of economic development, the state work force development council, local district colleges, the departments of education and higher education, the state board for community colleges and occupational education, and area technical colleges, to provide incentives to eligible employers to create high-quality, work-based learning opportunities for adults and youth (incentive program). The department is required to select at least 2 work-based learning intermediaries (intermediaries) to coordinate employers, schools, youth, and adults participating in the incentive program to establish work-based learning opportunities and select employers to participate in the incentive program. The department is required to provide monetary incentives to the selected intermediaries and employers for the implementation of work-based learning opportunities. The department is required to compile data concerning the incentive program and submit a report to the business committees of the senate and house of representatives during the "SMART Act" hearings held each legislative session. On or before January 1, 2023, the office of future work in the department and its partners are required to create a digital navigation program and employ digital navigators to: Reach out to youth and adults who have been historically excluded or disengaged from work-based learning opportunities and connect them with available opportunities; Address digital inequities, including access to digital technology and computer and technology skills training, cybersecurity, and affordable internet service; Refer youth and adults to career navigation services; and Provide a one-stop service that includes: Making referrals to work-based learning programs; facilitating enrollment in digital literacy classes, workshops, and upskilling and work-based learning opportunities; and assisting with digital skill development, job applications, and access to other benefits and services. The act authorizes the executive director of the department to promulgate rules to implement the incentive program and the digital navigation program. The office of new Americans in the department is required to: By September 1, 2022, convene a global talent task force to study the pathways for obtaining certain in-demand occupational licenses, look at international credentials, and take advantage of the global pool of skilled workers; and By January 1, 2023, establish a virtual, career-aligned English as a second language program to provide tools for new Americans and English language learners to enter into work-based learning programs to improve language and skills development for specific occupations and careers. $6,100,000 is appropriated from the general fund to the department for use in the 2022-23 state fiscal year for: State operations and program costs; The office of future work; and The office of new Americans. If the department does not expend the appropriated amount by July 1, 2023, the money ir further appropriated to the department for use in the 2023-24 state fiscal year. $11,319 is appropriated from the general fund to the legislative department for use by the general assembly. (Note: This summary applies to this bill as enacted.)

With regard to a unit owner's delinquency in paying unit owners' association (HOA) assessments, fines, or fees, section 1 of the act: Requires an HOA to first contact the unit owner regarding the delinquency by, in addition to sending a notice of delinquency to the unit owner by certified mail and by posting a copy of the notice on the unit owner's property, contacting the unit owner by at least one other method of communication, including first-class mail, an e-mail, or a text message. The HOA must keep records of its contacts to the unit owner regarding the delinquency. The unit owner may identify a language other than English in which the unit owner wants the HOA to send all correspondence and notices to the unit owner. The unit owner may also identify another person to serve as a designated contact for the unit owner. Prohibits an HOA, or a property management company acting on behalf of an HOA, from referring the delinquent account to a collection agency or attorney unless a majority of the HOA's board of directors vote to refer the matter on the record at a hearing; Prohibits an HOA from imposing daily late fees or fines and requires the HOA to provide a unit owner a period to cure a violation of any HOA governing documents before the HOA may fine the unit owner and, with respect to a violation that is not a threat to public safety or health, to provide the unit owner 2 30-day periods to cure the violation before the HOA may take legal action against the unit owner, which legal action for unpaid fines cannot include foreclosure. A violation that the HOA reasonably determines is a threat to public safety or health requires only a 72-hour period to cure before the HOA may fine the unit owner. Along with section 3, prohibits an HOA from charging a rate of interest on unpaid assessments, fees, or fines in an amount greater than 8% per year; Requires an HOA, on a monthly basis, to send each unit owner with an outstanding balance owed to the HOA an itemized list of all assessments, fines, fees, and charges owed; Prohibits an HOA from assessing a fee or other charge for providing the unit owner a statement of the total amount that the unit owner owes the HOA; Requires an HOA to adopt a policy to provide, with a notice of delinquency, information regarding an alleged violation, a description of the steps that the HOA must take before it can take legal action against the unit owner, and a description of the types of legal action that the HOA may take against the unit owner; Before an HOA may initiate a foreclosure action against a unit owner, requires that the HOA offer the unit owner a repayment plan to pay the debt in monthly installments in an amount determined by the unit owner so long as installments are in amounts of $25 or greater, and the unit owner either declines the offer or, after accepting the offer, fails to make at least 3 monthly payments within 15 days after the installments were due; and Along with section 6, authorizes a party seeking to enforce rights or responsibilities arising under an HOA's governing documents, in relation to the unit owner's delinquency, to file a claim in small claims court if the amount at issue does not exceed $7,500 exclusive of interest and costs. Section 2 authorizes the executive board of an HOA to conduct a disciplinary hearing or determine whether to refer a delinquency matter in executive session, but the unit owner who is the subject of the disciplinary hearing or referral of a delinquency matter may request and receive the results of the vote taken on the matter. Section 4 provides that fees, charges, late fees, and attorney fees may be subject to a statutory lien but are not subject to foreclosure and places limitations on attorney fees. Section 4 also prohibits a member of an HOA's executive board, an employee of a community association management company representing the HOA, an employee of a law firm representing the HOA, or an immediate family member of an executive board member, a community association management employee, or a law firm employee from purchasing a unit on which the HOA has foreclosed its assessment lien. Section 5 requires an HOA to apply a unit owner's payments first to any unpaid assessments and then to any unpaid fines, fees, or charges. Section 5 also allows a unit owner to file a civil action against an HOA if the HOA violates any foreclosure laws. The unit owner may seek damages in an amount up to $25,000 plus costs and reasonable attorney fees. (Note: This summary applies to this bill as enacted.)

The act renews for July 2022, August 2022, and September 2022, after a 10-month hiatus, a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the catering industry, the food service contractors industry, the mobile food services industry, the restaurant and other eating places industry and for retailers operating a hotel-operated restaurant, bar, or catering service in the state. The temporary deduction from state taxable sales for qualifying retailers is equal to the lesser of state net taxable sales or $70,000 for each month for which a deduction is allowed. (Note: This summary applies to this bill as enacted.)