The act prohibits a judgment creditor from initiating a new extraordinary collection action from the effective date of the act through November 1, 2020, except in accordance with the requirements of the act. An extraordinary collection action is defined as an action in the nature of a garnishment, attachment, levy, or execution to collect or enforce a judgment on a debt as defined under the "Colorado Fair Debt Collection Practices Act" (FDCPA). Before initiating an extraordinary collection action, the judgment creditor must send a notice to the judgment debtor explaining that the judgment debtor can temporarily suspend the extraordinary collection action if the debtor is facing financial hardship as a result of the COVID-19 emergency. To exercise this right, the debtor is required to notify the judgment creditor that the debtor is experiencing hardship as a result of the crisis. The judgment debtor is not required to provide additional documentation to the judgment creditor. The use of an extraordinary collection action during the period of the prohibition constitutes an unfair and unconscionable means of collecting a debt under the FDCPA. The administrator of the "Uniform Consumer Credit Code" (administrator) is authorized to issue an order extending the prohibition through February 1, 2021, if the administrator finds that the extension is necessary to preserve the resources of state and local agencies or to protect the residents of Colorado from economic hardship as a result of the disaster emergency caused by COVID-19. From June 29, 2020, through February 1, 2021, up to $4,000 cumulative in a depository account or accounts in the debtor's name is exempt from levy and sale under a writ of attachment or execution. An attempt to collect amounts in excess of what is permitted under statutes limiting garnishment, attachment, and execution is an unfair or unconscionable debt collection practice for purposes of the FDCPA. (Note: This summary applies to this bill as enacted.)
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The act codifies a definition of "nonmedical exemption" to mean an immunization exemption based upon a religious belief whose teachings are opposed to immunizations or a personal belief that is opposed to immunizations. The act requires the department of public health and environment (department) to develop standardized forms and a submission process for persons who want to claim a nonmedical exemption for an immunization for a religious or personal belief. A person who wants to claim a nonmedical exemption for an immunization can do so by submitting to the school either: A certificate of completion of the online education module; or A certificate of nonmedical exemption. The act requires the department to annually evaluate the state's immunization practices, including an examination of best practices and guidelines recommended by the advisory committee on immunization practices. The state board of health may update the state's immunization practices pursuant to the annual evaluation. The act creates a vaccinated children standard, whereby the immunization rate goal for every school is 95% of the student population to be vaccinated. The act requires the department to amend an immunization document it currently publishes annually to include information about the vaccinated children standard. Every school shall publish its immunization rate and exemption rate for the measles, mumps, and rubella vaccine on the document and annually distribute it to the parents, legal guardians, and students of the school. The act requires, as applicable, a practitioner who is a licensed physician, physician assistant, advanced practice nurse, or person authorized to administer immunizations within their scope of practice to students to submit immunization, medical, or nonmedical exemption data to the immunization tracking system. The practitioner is not subject to a regulatory sanction for noncompliance. The act appropriates $41,906 from the general fund to the department of public health and environment for the following uses: $31,884 for use by the environmental epidemiology division for program costs and an additional 0.1 FTE; and $10,022 for the purchase of information technology services, which is reappropriated to the office of the governor for use by the office of information technology.(Note: This summary applies to this bill as enacted.)
The act provides eviction assistance, rental assistance, residential mortgage assistance, and guidance on other housing assistance to households facing financial hardship due to the COVID-19 pandemic. In determining how to distribute rental assistance, the division of housing in the department of local affairs (division) is required to prioritize: Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools; Medicaid clients in nursing homes who are able to live in their communities with in-home services; Family unification and related services; Homeless or disabled veterans; Low-income households with an income at or below one hundred percent of the area median income; Survivors of domestic violence; People experiencing homelessness who are at a higher risk of contracting COVID-19 according to the federal centers for disease control; and Entities that provide direct services to youth experiencing or at risk of experiencing homelessness. In determining how to distribute residential mortgage assistance, the division is required to prioritize households with an income at or below 100% of the area median income. From money given to the state in the federal "Coronavirus Aid, Relief, and Economic Security Act": $350,000 is appropriated to the judicial department for use by the eviction legal defense grant program; and $19,650,000 is transferred from the care subfund in the general fund to the housing development grant fund administered by the division.(Note: This summary applies to this bill as enacted.)
The bill phases out sub-minimum wage employment for employers that hold a special certificate from the United States department of labor that authorizes employers to pay employees whose earning capacity is impaired by age, physical or mental deficiency, or injury less than the minimum wage. The bill requires each employer that holds a special certificate to submit a transition plan to the Colorado department of labor and employment detailing how the employer plans to phase out sub-minimum wage employment. The bill requires the employment first advisory partnership in the department of labor and employment to develop actionable recommendations to address structural and fiscal barriers to phase out sub-minimum wage employment and successfully implement competitive integrated employment and report the recommendations to the general assembly. The bill requires the department of health care policy and financing to grant money to private employers, not to exceed $25,000 per employer, to provide assistance in developing and implementing a transition plan to phase out sub-minimum wage employment. The bill requires the department of health care policy and financing to add employment-related services for individuals with intellectual and developmental disabilities. (Note: This summary applies to this bill as introduced.)
The starting point for determining state income tax liability is federal taxable income. This number is adjusted for additions and subtractions that are used to determine Colorado taxable income, which amount is multiplied by the state's income tax rate. Section 3 of the bill requires an individual to add to his or her federal taxable income an amount equal to the federal income tax deduction that he or she took for his or her combined qualified business income amount. The federal deduction may be claimed for income tax years commencing prior to January 1, 2026. The earned income tax credit is equal to a percentage of the federal earned income tax credit. Section 4 increases the percentage from 10% to 20% beginning in 2021. The state child tax credit, which is also a percentage of the federal child tax credit based on the taxpayer's income, is only allowed after the United States Congress enacts a version of the "Marketplace Fairness Act". Section 5 repeals this condition and instead allows the credit to be claimed beginning in 2021.(Note: This summary applies to this bill as introduced.)
Under existing law, the statute of limitations to bring a civil claim based on sexual assault or a sexual offense against a child is 6 years, but the statute is tolled when the victim is a person under disability or is in a special relationship with the perpetrator of the assault. The bill defines sexual misconduct and removes the limitation on bringing a civil claim based on sexual misconduct, including derivative claims and claims brought against a person or entity that is not the perpetrator of the sexual misconduct. The statutory period to commence a civil action described in the bill applies to a cause of action that accrues on or after January 1, 2021, or a cause of action accruing prior to January 1, 2021, so long as the applicable statute of limitations has not yet run as of January 1, 2021. The bill removes the provision that a plaintiff who is a victim of a series of sexual assaults does not need to establish which act in the series caused the plaintiff's injuries. Under existing law, a plaintiff who brings a civil action alleging sexual misconduct 15 years or more after the plaintiff turns 18 is limited to recovering only certain damages. The bill eliminates this restriction. Under existing law, a victim who is a person under disability or is in a special relationship with the perpetrator of the assault may not bring an action against a defendant who is deceased or incapacitated. The bill eliminates this restriction. Under existing law, a claim for negligence in the practice of medicine that is based on a sexual assault is exempt from the statute of limitation for claims involving sexual assault and instead is subject to the same limitation as any other claim for negligence in the practice of medicine. The bill removes this exemption. (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.)
Prison Population Management Interim Study Committee. The bill requires the department of corrections (department) to conduct a study to examine how individuals proceed through the various stages of criminal proceedings, including the various sentences and programs to which a person may be sentenced or placed. Subject to available appropriations, the department shall issue a request for proposals for an entity to assist with the study. The department is required to produce a report of its findings to the joint budget committee of the general assembly and the judiciary committees of the house of representatives and the senate. (Note: This summary applies to this bill as introduced.)
Current law regulating campaign finance does not set limits on contributions to candidates for school district director. Section 2 of the bill: Sets aggregate limits on contributions to candidates for school district director from persons other than small donor committees for any regular biennial or special school election in the amount of $2,500; and Sets aggregate limits on contributions to candidates for school district director from small donor committees for any regular biennial or special school election in the amount of $25,000. The bill requires that these aggregate contribution limits be periodically adjusted for inflation consistent with other contribution limits. Section 3 subjects the new contribution limits to existing statutory provisions governing the disclosure of campaign contributions. Section 4 contains requirements governing when a candidate for school district director is required to disclose information concerning campaign contributions and clarifies that such candidates are required to file their disclosure with the secretary of state. For the 2020-21 state fiscal year, the bill appropriates $,7000 from the department of state cash fund to the department of state for use by the information technology division. (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 prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021. A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge. A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition. (Note: This summary applies to this bill as introduced.)