Sen. Rod Pelton

The bill establishes immunity from civil liability for small businesses for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the small business attempts in good faith to comply with applicable public health guidelines. The bill is repealed 2 years after the date the governor terminates the state of disaster emergency declared on March 11, 2020. (Note: This summary applies to this bill as introduced.)

The act amends the requirements for the imposition, collection, and uses of the emergency telephone charge imposed by local 911 governing bodies. Current law imposes a statutory cap on the amount of the emergency telephone charge that may be imposed by local governing bodies. The act allows the public utilities commission (commission) to establish the authorized threshold amount for the charge on an annual basis. A local governing body may impose the charge in an amount up to the authorized threshold. If a governing body determines it needs to impose a higher charge to fund 911 operations in its jurisdiction, it must seek the approval of the commission. The procedures for the collection and remittance of the emergency telephone charge by telecommunication service suppliers are amended. The act provides procedures for local bodies to assess overdue or unpaid remittances, imposes a time limitation for local governing bodies to do so, and creates a process for the service supplier and local governing body to extend that time period. Local governing bodies may audit the collections of service suppliers, and may impose interest and penalties on late remittances. A new 911 surcharge (surcharge) is established as a collection for local governing bodies. The amount of the surcharge is established each year by the commission based on the needs of the local governing bodies. Service suppliers must collect the surcharge from service users and remit the money to the commission. The commission is required to transmit the money collected to local governing bodies within 60 days, using a formula based on the number of concurrent sessions maintained in the governing bodies' jurisdictions. The existing "prepaid wireless E911 charge" is renamed the "prepaid wireless 911". Under current law, the amount of the charge is set in statute. The act requires the commission to establish the amount of the charge based on the average amount of the emergency telephone charges imposed by local governing bodies and the amount of the surcharge. Governing bodies may use the money collected from the 3 charges for costs associated with the lease, purchase, installation, and planning for equipment, facilities, hardware, and software used to receive and dispatch 911 calls, charges of basic emergency service providers, costs related to the provision and operation of emergency telephone service and emergency notification service, membership fees for state or national industry organizations supporting 911, and other costs directly related to the continued operation of the emergency telephone service ad emergency notification service. (Note: This summary applies to this bill as enacted.)

The annual salary of an elected county officer (officer) is currently specified in statute. The act allows an officer in certain counties classified under specific salary categories to make an election to receive 50% of the amount specified in law. The officer may subsequently elect to increase or decrease his or her salary annually as long as it does not exceed the amount allowed in statute. (Note: This summary applies to this bill as enacted.)

Under current law, a well that is exempt from the state engineer's administration and is used for domestic purposes is afforded a rebuttable presumption that the use of the well will not cause material injury to others' vested water rights or to any other existing well. If the land on which the exempt well is located is later divided into multiple parcels, the well loses that presumption. The act maintains the presumption of noninjury to vested water rights or other wells when the land on which the well is located is later divided and use of the well continues to meet certain requirements. (Note: This summary applies to this bill as enacted.)

The act implements recommendations of the department of regulatory agencies' sunset review and report on the licensing functions of the commissioner of agriculture (commissioner) regarding the "Commodity Handler Act" and the "Farm Products Act", with modifications, by: Continuing the commissioner's licensing functions for 5 years, until 2025; Combining the "Commodity Handler Act" and the "Farm Products Act"; Exempting from licensure small-volume commodity handlers who buy less than $250,000 worth of commodities and farm products per year and do not buy commodities for commercial feeding of livestock; Requiring the commissioner to adopt rules by December 31, 2020, regarding financial assurance requirements, including a schedule for filing a bond with the commissioner, record keeping requirements, initial and renewal license requirements, credit sale contract requirements, standard warehouse operation requirements, and animal feeding operations capacity and requiring the department of agriculture to convene a stakeholders' group to work on drafting the rules; With regard to an action to demand payment on a surety bond or letter of credit based on the misconduct of a commodity handler or dealer, extending the date for filing the action, and thus the period of liability for which the surety or issuer of the letter of credit is required to pay a claim, from up to 180 days after the later of the date of the transaction or the date of the loss to up to 548 days (approximately 18 months) after the later of the date of the transaction or the date of the loss; Requiring the department of agriculture, on or before November 1, 2021, to submit a report to the committees of the general assembly with jurisdiction over agricultural issues summarizing the department's progress toward implementing the act; Increasing the bond amount that farm products dealers must file from between $2,000 and $200,000 to between $200,000 and $1 million; and For the definition of "small-volume dealer", repealing the limitation on the amount of farm products or commodities, based on price, that a dealer can purchase in a single transaction to qualify as a small-volume dealer.(Note: This summary applies to this bill as enacted.)

The act implements recommendations of the department of regulatory agencies' sunset review and report on the registration functions of the commissioner of agriculture (commissioner) regarding the "Colorado Seed Act" by: Continuing the commissioner's registration functions for 11 years, until 2031; Setting fees for registration in statute and allowing the commissioner to adjust the registration fees by rule up to a maximum amount set in statute; Removing the fee discount afforded to registrants with respect to registering a second and any additional locations; and Authorizing the commissioner to establish a registration renewal schedule by rule and repealing language that made each registration effective for one year from March 1 through the last day in February, regardless of when the registration was approved.(Note: This summary applies to this bill as enacted.)

Current law categorizes each county for purposes of establishing the salaries of elected county officers in the county. The statutory salary amounts are adjusted every 2 years for inflation and take effect for terms commencing after any change is made. The act modifies the categories of 2 counties with the accompanying percentage decrease in salary as follows: Alamosa county changes from category III-A to category III-B (7.7% decrease); and Yuma county changes from category IV-B to category IV-C (8.3% decrease).(Note: This summary applies to this bill as enacted.)

The bill adds definitions for "peer support professional" and "recovery support services organization" for the purposes of permissible claims submitted for reimbursement under the medical services program. A recovery support services organization (recovery organization) may bill and submit for reimbursement certain eligible peer support services (support services) provided by peer support professionals. The department of human services (department) is responsible for approving a recovery support services organization for reimbursement for support services. The bill sets forth detailed criteria for approval by the department, and the department is given rule-making authority to establish other criteria and standards as necessary. The bill creates a refundable income tax credit available for income tax years commencing on or after January 1, 2021, but before January 1, 2031, for eligible peer support professionals (eligible individuals) who have worked in Colorado at least part-time for at least 3 years in the behavioral health sector and who either return to school or who graduate and return to work in the public or private health care sector. The tax credit is available for 4 consecutive years for eligible individuals who return to school and for 3 consecutive years for eligible individuals who return to work after attending school. The office of behavioral health in the department of human services (office) shall, in conjunction with the department of human services, review documentation supplied by eligible individuals seeking the tax credit and provide certification to the department of revenue if eligibility criteria for the tax credit is met. The office may not issue tax credit certificates that total more than $100,000 per income tax year. (Note: This summary applies to this bill as introduced.)

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 bill directs the state department of health care policy and financing (department) to issue a request for proposals to contract with a vendor to provide a comprehensive care coordination and treatment training model (model) for persons with intellectual and developmental disabilities and co-occurring behavioral health needs. The selected vendor must be able to provide the model using teleconferencing formats to better reach rural areas of the state. Community-centered boards, mental health centers, and program-approved service agencies shall nominate up to 20 providers to receive the training. The department may select an additional 10 providers from underserved areas of the state to receive the training.(Note: This summary applies to this bill as introduced.)