Sen. Mark Baisley

Beginning January 1, 2023, the bill requires that all voting systems and voting equipment satisfy the latest voting systems standards promulgated by the federal election assistance commission. The bill also allows the secretary of state to promulgate rules requiring that voting systems and voting equipment satisfy additional requirements, so long as such requirements meet or exceed the latest voting systems standards promulgated by the federal election assistance commission.(Note: This summary applies to this bill as introduced.)

The act amends the high school innovative learning pilot program (ILOP) that authorizes school districts, district charter schools, and institute charter schools (local education providers) to count as full-time students high school students participating in innovative learning opportunities regardless of whether they meet the number of teacher-pupil instruction and contact hours for full-time enrollment. The act allows a school of a school district to participate in an ILOP with a district or independently and requires all applicants to demonstrate how their innovative learning plan disproportionately benefits underserved students.In selecting applicants to participate in the pilot program, the act requires the department of education (department) and the state board of education (state board) to consider whether the innovative learning plan includes opportunities for students to participate in registered or unregistered apprenticeships, internships, and technical training or skills programs through an industry provider, teacher training opportunities, concurrent enrollment, and industry certificates.Further, subject to available appropriations, the state board is encouraged to select up to 20 applicants and is not limited to choosing applicants that had part-time students in the prior year and that enroll fewer than 5,000 students.The act creates the fourth-year innovation pilot program (pilot program) in the department of higher education to disburse state funding to postsecondary education and training programs on behalf of low-income students who graduate early from a high school participating in the pilot program prior to enrolling in the fourth year of high school or prior to enrolling in the second semester of their fourth year in high school.The state funding awarded to a student graduating prior to enrolling in the fourth year of high school is equal to the greater of 75% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year, as calculated during the 2021 legislative session, or $3,500. The state funding for a student graduating prior to the second semester of their fourth year in high school is equal to the greater of 45% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year, as calculated during the 2021 legislative session, or $2,000. The state funding is disbursed to the postsecondary program on behalf of the eligible graduate and may be used for the eligible graduate's cost of attendance for the postsecondary program, as determined by the department of higher education. The local education provider from which the student graduated early prior to the fourth year of high school receives a portion of the state savings for school finance obligations due to the early graduation. An eligible graduate must enroll in a postsecondary program within 18 months after graduating or the state funding is forfeited.The act requires the department of higher education to report annually to the department, the governor's office of state planning and budgeting, the joint budget committee, and the education committees of the general assembly concerning certain information specified in the act relating to the pilot program. The act creates the fourth-year innovation pilot program fund for the pilot program. The pilot program repeals, effective December 31, 2027.For the 2021-22 state fiscal year, the act appropriates:$220,115 and 0.3 FTE to the department of education for the high school innovative learning pilot program; and $44,222 and 0.6 FTE to the department of higher education to implement the for the fourth-year innovation pilot program .(Note: This summary applies to this bill as enacted.)

The division of gaming within the department of revenue currently publishes on its website monthly and annual public reports of revenues, expenses, and other information from limited gaming activity in Central City, Black Hawk, and Cripple Creek. The act requires similar reporting for revenue associated with sports betting. To protect the privacy of owners of sports betting venues, when the number of licensees in any of the cities is less than 3, the act requires aggregation of data from that city with data from another city.If the use of aggregated data results in a property valuation that the casino owner or other taxpayer believes is inaccurate, the act permits the taxpayer to submit additional information to the county assessor, subject to strict confidentiality requirements that continue throughout the property valuation process and any subsequent appeals or court proceedings.(Note: This summary applies to this bill as enacted.)

The act directs the office of information technology (office) to:Develop a centralized, statewide search interface for access to all agency rule-making that is highly visible on the state's main website and that meets various standards specified in the act; and Make the search interface available for use by June 30, 2022. The secretary of state and other state agencies are directed to provide access to the code of Colorado regulations, the Colorado register, and rule databases to the office to facilitate the development of the interface.The act appropriates $368,194 from the general fund to the office of the governor for use by the office. The act also appropriates $108,718 from the department of state cash fund to the department of state.(Note: This summary applies to this bill as enacted.)

By executive order, to allow for social distancing to prevent the spread of COVID-19, the governor:Suspended the operation of statutes prohibiting more than 7 players in the game of blackjack; Suspended the operation of statutes limiting a casino operator to 2 noncontiguous gaming areas within the casino; and Eliminated the requirement that an applicant for a limited gaming or sports betting license submit fingerprints simultaneously with the license application for purposes of conducting a fingerprint-based criminal history record check, instead allowing the applicant to submit fingerprints as a supplement to the application. The act codifies all 3 of these changes but specifies that final action on a license application cannot be taken until the results of the fingerprint-based criminal history record check are received.(Note: This summary applies to this bill as enacted.)

The act creates an option for a person with a disability that interfere's with the person' ability to effectively communicate with a peace officer to request that the department of revenue (department) place a discreet disability identifier symbol on the person's driver's license or identification card. The symbol must represent all types of disabilities, such as cognitive disabilities, neurological diversities, mental health disorders, sensory needs, chronic illness, chronic pain, and physical disabilities. The person may also choose to have the disability information removed from the driver's license or identification card and the department will issue a new driver's license or identification card. There is no fee to either place the symbol on or remove the symbol from a driver's license or identification card.The act also requires the department to collect information that the owner of a vehicle voluntarily discloses about the disability of a person who is either authorized to drive, or a regular passenger of, the registered vehicle. The department shall make this information immediately available to a peace officer who queries information about the registered vehicle. The vehicle owner may also choose to have the disability information removed from the vehicle registration information.The department is required to notify peace officers about the creation of the disability identifier symbol and the availability of information regarding the disability of a driver or passenger of a motor vehicle.By January 15, 2023, and each year thereafter, the department is required to report to legislative committees the percentage of persons who register a vehicle and have disclosed disability information.To implement the act, $89,298 is appropriated from the general fund to the department of revenue.(Note: This summary applies to this bill as enacted.)

Section 1 of the act declares the general assembly's intent to spend a portion of the money received by the state under the federal "American Rescue Plan Act" for broadband infrastructure and telehealth capabilities.Sections 2 and 3 extend the grant award distribution and reporting dates for the connecting Colorado students grant program.Section 6 requires the office of information technology (office) to:Enter into an agreement with a third-party vendor to develop and implement a strategic plan to expand and improve digital access to government services through the use of broadband; Consult with various stakeholders in developing the strategic plan; and On or before July 1, 2022, report to the joint technology committee on the development and implementation of the strategic plan. Section 7 establishes the Colorado broadband office (broadband office) in the office as a statutory type 1 entity. Section 7 also creates the digital inclusion grant program fund and directs the state treasurer to transfer $35 million from the economic recovery and relief cash fund to the fund for use by the broadband office to implement the digital inclusion grant program to award grant money to proposed broadband deployment projects throughout the state. Grant recipients other than Indian tribe or nation recipients are prohibited from using the grant money for last-mile broadband deployment. Section 7 also defines "community anchor institution" in relation to grants awarded through the digital inclusion grant program. Section 4 requires the chief information officer in the office to appoint a director of the broadband office. Section 5 aligns the bill with House Bill 21-1236. Section 16 provides that section 5 only becomes effective if House Bill 21-1236 is enacted.Section 8 defines "community anchor institution", "critically unserved", "income-qualified plan", and "school" in relation to grants awarded by the broadband deployment board (board) for proposed broadband deployment projects throughout the state.Section 9 creates the broadband stimulus grant program (grant program) and requires the board to implement the grant program by awarding grant money from the broadband stimulus account created in the broadband administrative fund. The state treasurer is directed to transfer $35 million from the economic recovery and relief cash fund to the account for this grant program. The board is encouraged to award money under the grant program to applicants that previously applied for broadband deployment grants from the board but were denied due to insufficient funding. An applicant seeking money under the grant program must submit an income-qualified plan to the board.Section 11 declares that high-speed broadband plays a critical role in enhancing local government and community development efforts and encourages coordinated approaches, including public-private partnerships, to broadband planning.Section 12 defines terms related to the work of the division of local government in the department of local affairs (division) in deploying broadband, including "broadband facility" and "last-mile broadband infrastructure".Section 13 requires the division to submit a copy of any application it receives for broadband deployment grant money to the broadband office for review. The broadband office must complete its review and provide the division with any recommendation regarding the application within 30 days after the division sends the copy to the broadband office.Section 13 also creates the interconnectivity grant program and requires the division to implement the grant program by awarding grant money for proposed projects that seek to achieve regional broadband deployment and provide interconnection between communities. Projects awarded money under this grant program, except for projects awarded to Indian tribes or nations, cannot use the money awarded for last-mile broadband deployment. To finance the grant program, section 13 also creates the interconnectivity grant program fund into which the state treasurer is directed to transfer $5 million from the economic recovery and relief cash fund.Section 14 appropriates:$35 million from the digital inclusion grant program fund to the office for use by the broadband office to implement the digital inclusion grant program; $35 million from the broadband stimulus account in the broadband administrative fund to the department of regulatory agencies for use by the board to implement the broadband stimulus grant program; and $5 million from the interconnectivity grant program fund to the department of local affairs for use by the division to implement the interconnectivity grant program. Sections 10 and 15 align the bill with House Bill 21-1109, which moves the board from the department of regulatory agencies to the office. Section 16 provides that sections 10 and 15 only become effective if House Bill 21-1109 is enacted. Section 16 provides that sections 8, 9, and 14 only become effective if House Bill 21-1109 is not enacted. Section 16 also provides that the act only becomes effective if Senate Bill 21-291, which creates the economic recovery and relief cash fund, is enacted.(Note: This summary applies to this bill as enacted.)

The act modifies the laws that create the joint technology committee (JTC), the Colorado cybersecurity council (council), and the office of information technology (office), to reflect the current information technology (IT) environment and direction in the state.Modifications related to the JTC are as follows:Updates definitions used by the JTC to be consistent with the definitions used by the office; and Allows the JTC to request information and presentations regarding data privacy and data security, specifies that the JTC oversees any state agency that has been delegated IT functions by the office, and makes other modifications to make the provisions governing the JTC and the office consistent. Modifications related to the council are as follows:Specifies additional functions of the council, modifies the composition of the council, and allows the council to coordinate with other entities regarding cybersecurity. Modifications related to the office are as follows:Consolidates all of the definitions that apply to the office into one section and updates some definitions to align with best practices and industry standards; Relocates provisions of current law regarding the information technology revolving fund and the coordination of the statewide geographic information system; Repeals and reenacts the roles and responsibilities section of law for the office and defines the office's roles and responsibilities in connection with IT; adds additional responsibilities when a state agency undertakes a major IT project, when a state agency is the business owner of an IT system, and when the office is involved in a state agency's IT project only as a party to the contract; Authorizes the office to delegate an IT function to a state agency and specifies procedures and requirements that the office and the state agency are required to follow when such delegation occurs; Repeals and reenacts the current provisions in law regarding the duties and responsibilities of the chief information officer (CIO) and updates the duties and responsibilities of the CIO; Relocates current law that authorizes the revisor of statutes to change certain statutory references in connection with the creation of the office; Updates the timelines and dates for the development of IT security plans and certain required reports regarding those plans for state agencies, institutions of higher education, and the legislative branch; Repeals and reenacts current law regarding interdepartmental data protocol that governs data-sharing among state agencies and specifies requirements of the office and the government data advisory board regarding the creation of a data-sharing and privacy master plan and additional requirements for when a state agency shares personal identifying information with another state agency; and Updates the office's annual reporting requirement to the general assembly regarding IT asset inventory. The act makes conforming amendments and repeals obsolete provisions regarding the consolidation of IT functions to the office, the transfer of employees and officers to the office, the creation of a work eligibility verification portal, the creation and implementation of the Colorado financial reporting system, and a reporting requirement on the transfer of IT infrastructure ownership. The act also repeals provisions regarding the statewide communications and information infrastructure that are incorporated into other provisions of law.(Note: This summary applies to this bill as enacted.)

The act clarifies the authorized distributions from the local government limited gaming impact fund by:Specifying that "documented gaming impacts" should be for negative impacts and defining that phrase; Requiring grant awards to be prioritized for: Eligible local governmental entities that have lower property values compared to all eligible local governmental entities; or prioritized for eligible local governmental entities located in counties with lower property values compared to the property values of all counties that are eligible local governmental entities. If an eligible local governmental entity has a jurisdictional boundary that includes more than one county, then the prioritization for that eligible local governmental entity is established based on the county in which the eligible local governmental entity's administrative offices are located; and Based on a methodological approach that incorporates a weighted decision matrix which includes community and impact scoring; Defining "property values" as the sum of the actual value of all property, including the actual value of all tax-exempt property, as of December 31 of the prior year; Requiring documented negative gaming impacts to be explicitly identifiable; Defining "negative impacts"; and Allowing grants from the gambling addiction account to be used to provide gambling addiction treatment training to staff at nonprofit community mental health centers or clinics; this is in addition to the current authorized use for gambling addiction counseling services to Colorado residents.(Note: This summary applies to this bill as enacted.)

An individual or entity must generally notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities that the excavation might affect, such as water and sewer pipes, gas lines, and electric or cable lines, can be located and marked before excavation begins. Underground facilities are often located beneath the right-of-way of county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of county roads and such county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. Before the passage of the act, these maintenance activities triggered the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. The act specifies that excavation that is routine or emergency maintenance of the right-of-way of a county-maintained gravel or dirt road and is performed by county employees does not require notification of the notification association or location marking unless the excavation will:Lower the existing grade or elevation of the road or any adjacent shoulder or the designed and constructed elevation of any adjacent ditch flowline; or Disturb more than 6 inches in depth as it is conducted.(Note: This summary applies to this bill as enacted.)