Sen. Dylan Roberts

Colorado law authorizes certain license holders, who normally offer alcohol beverages for consumption on the licensed premises, to offer takeout and delivery of alcohol beverages, but this authorization was scheduled to repeal on July 1, 2021. The act delays the repeal until July 1, 2025; except that manufacturers who have a sales room may continue to deliver alcohol beverages only until January 2, 2022.The act limits the times that an alcohol beverage may be sold for takeout or delivery from 7 a.m. to midnight. The amounts of alcohol beverages that may be sold for delivery or takeout are increased:From 750 milliliters to 1,500 milliliters of vinous liquors; From 72 fluid ounces to 144 fluid ounces of malt liquors, fermented malt beverages, and hard cider; and From 750 milliliters to one liter of spirituous liquors. The act also creates a communal outdoor dining area program. The program allows multiple licensees to attach to the area and serve alcohol beverages to the diners in the area. A licensee may attach to the area only if the licencee's premises are within 1,000 feet of the area. The area and attachment must be approved by both the local and state licensing authorities, who may charge a fee for the approval. The following licensees may attach to an area:Tavern; Hotel and restaurant; Brew pub; Distillery pub; Vintner's restaurant; Beer and wine licensee; Manufacturer that operates a sales room; Beer wholesaler that operates a sales room; Limited winery; Lodging and entertainment facility; Optional premises; or Fermented malt beverage retailer licensed for consumption on the premises. For the 2021-22 state fiscal year, $63,274 is appropriated for use by the liquor and tobacco enforcement division to implement the act.(Note: This summary applies to this bill as enacted.)

Under existing law, a criminal defendant must be brought to trial within 6 months after the date of the entry of a plea of not guilty. However, there are circumstances that exclude a period of time when computing the time within which a defendant must be brought to trial. These exclusions extend the length of time within which the defendant must be brought to trial.The act permits the court to exclude a period of delay caused by the COVID-19 pandemic, not to exceed 6 months if the defendant is not in custody for the case pending a jury trial or not to exceed 3 months if the defendant is in custody for the case pending a jury trial, if certain considerations are satisfied. The court may grant only one continuance due to a period of delay caused by the COVID-19 pandemic.The judicial department shall collect, report, and publish data concerning each continuance granted because of the COVID-19 pandemic.The act requires the court that orders an exclusion of a period of delay caused by the COVID-19 pandemic to reconsider bond for an eligible defendant in custody awaiting trial.A court shall not grant a continuance based on a delay caused by the COVID-19 pandemic on or after 5:01 p.m. on April 29, 2022.(Note: This summary applies to this bill as enacted.)

The act creates the economic recovery and relief cash fund (fund) which consists of money deposited in the fund from the "American Rescue Plan Act of 2021" cash fund. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the act allows the general assembly to appropriate or transfer money for specified uses.The act transfers $40 million to the Colorado economic development fund for the Colorado office of economic development to use $10 million of the appropriated money to incentivize small businesses to locate in rural Colorado and for the location neutral employment incentive program which provides incremental cash incentives per remote employee per year for up to 5 years to small businesses that hire new employees in designated rural areas of the state. The act specifies that the remaining appropriated money must be used, subject to the fund requirements, to provide grants to small businesses or to undertake any other economic development activity in response to the negative economic impacts of the COVID-19 pandemic.The act requires the executive committee of the legislative council to create a task force to meet during the 2021 legislative interim and issue a report with recommendations to the general assembly and the governor on policies that use money from the fund to provide a stimulative effect to the state's economy, necessary relief for Coloradans, or that address emerging economic disparities resulting from the pandemic.(Note: This summary applies to this bill as enacted.)

The act requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan by rule on or before January 1, 2022, to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must:Offer health-care coverage at the bronze, silver, and gold levels of coverage; Include pediatric and other essential health benefits; Be offered through the Colorado health benefit exchange and in the individual market; Have a standardized benefit design that is created through a stakeholder engagement process, has a defined benefit design and cost sharing that improves access and affordability, and is designed to improve racial health equity and decrease racial health disparities; Provide by, among other measures, providing first-dollar, predictable coverage for certain high value services; Be actuarially sound and allow carriers to meet financial requirements; Comply with state and federal law; and Have a provider network (network) that is culturally responsive and reflects the diversity of its enrollees and be no more narrow than the most restrictive nonstandardized plan offered by the carrier. Each carrier must:Include, as part of its network access plan for the standardized plan, a description of its efforts to construct diverse, culturally responsive networks; Include a majority of the essential community providers in the service area in its network; and Allow consumers to easily compare the standardized health benefit plans offered by each carrier. Additionally, the act requires the commissioner to:Promulgate rules regarding network adequacy; Contract with an independent third party to conduct an analysis of the implementation of the standardized health benefit plan and the related requirements; and Collaborate with the health benefit exchange to conduct a consumer survey. Beginning January 1, 2023, and each year thereafter, the act requires carriers that offer:An individual health benefit plan in Colorado to offer the standardized health benefit plan in the individual market in each county where the carrier offers an individual plan; and A small group health benefit plan in Colorado to offer the standardized health benefit plan in the small group market in each county where the carrier offers a small group plan. In the individual market and in the small group market, each carrier shall offer a standardized health benefit plan premium that:For 2023, is at least 5% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation; For 2024, is at least 10% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation; For 2025, is at least 15% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation; For 2026 and each year thereafter, is increased above the premium in the previous year by no more than medical inflation, relative to the previous year. The act also requires each carrier to file its premium rates for the standardized health benefit plan with the commissioner. If a carrier or health-care provider anticipates that a carrier will be unable to meet network adequacy standards or the premium rate requirements due to a reimbursement rate dispute, the carrier or the health-care provider may initiate nonbinding arbitration prior to filing rates for the standardized health benefit plan. If a carrier cannot meet the premium rate requirements, the carrier must notify the commissioner of the reasons. The division shall hold a public hearing concerning network adequacy and premium rates. Based on evidence at the hearing, the commissioner may establish carrier reimbursement rates for hospitals and health-care providers and require the hospitals and health-care providers to accept patients and the established reimbursement rates. The act establishes limits on the reimbursement rates that may be set.The act creates an advisory board, with members appointed by the governor, to implement the standardized health benefit plan. The advisory board is charged with considering recommendations to streamline prior authorization and utilization management processes, recommend ways to keep health-care services in communities where patients live, and to consider alternative payment models.The commissioner may apply to the secretary of the United States department of health and human services for a state innovation waiver to capture savings as a result of the implementation of the standardized health benefit plan. Upon approval of the waiver, the commissioner is authorized to use any federal money for the implementation of the bill and for the Colorado health insurance affordability enterprise.The act requires the commissioner to:Contract with an independent third party to prepare reports regarding the implementation of the bill; Monitor whether there is an adequate number of health-care providers in the carriers' standardized health benefit plan network and the percentage of premiums attributable to health-care providers in the network; Contract with an independent third-party organization to evaluate how to phase in a hospital's reimbursement rate methodology; Report various findings during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act"; and Disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized health benefit plan and the health benefit plan for which rate approval is being sought. The department of public health and environment, upon notice from the commissioner, may fine or suspend or impose conditions on a hospital that refuses to participate in the standardized health benefit plan.The act creates the office of the insurance ombudsman in the department of health care policy and financing to act as an advocate for consumer interests in matters related to access to and affordability of the standardized health benefit plan.To implement this act:$1,409,637 is appropriated to the department of regulatory agencies for use by the division of insurance and the executive director's office, $212,680 of which is reappropriated to the department of law for the provision of legal services; and $78,993 is appropriated to the department of health care policy and financing.(Note: This summary applies to this bill as enacted.)

A working group was convened over the 2019 interim pursuant to House Bill 19-1264 to develop proposed statutes to address certain issues affecting the creation, valuation, tax treatment, and stewardship of conservation easements in the state. The bill implements the recommendations of the working group by creating a new state income tax credit (new credit) for certain taxpayers who were denied state income tax credits for conservation easements donated between 2000 and 2013 (original credit) if the federal internal revenue service allowed a federal income tax deduction for the same donation. The amount of the new credit is based upon the amount of the original credit that could have been claimed at the time of the original donation based upon the value of the donation accepted by the internal revenue service. The amount of the new credit is reduced by any amount that was allowed to be claimed against Colorado income tax or otherwise reinstated to the claimant of the original credit. The new credit is not refundable but may be carried forward or transferred in the same manner as original credits. New credits allowed count against a portion of the existing cap on the total amount of original conservation easement credits that may be claimed each year. The department of revenue is required to make information about the new credit available online. The bill establishes a process for applying to the division of conservation to claim the new credit. If the original credit that was denied was transferred to another taxpayer as transferee, the bill provides a process for all parties to the transaction to submit a mutual application to claim the new credit or, if there is objection, an ombudsman process to resolve disputes about the distribution of the credit. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act creates the Colorado meeting and events incentive program (program) in the Colorado tourism office (office) to provide rebates and direct support to eligible events in Colorado to assist in the state's recovery from the COVID-19 pandemic.An eligible event means an event, including a meeting, conference, or festival, that:Takes place in Colorado between July 1, 2021, and December 31, 2022; Can demonstrate a significant economic benefit for the host community as determined by the office; Generates at least 25 paid overnight stays in a motel, hotel, vacation rental, or other lodging establishment; and Meets any additional criteria established by the office. The program may offer rebates of up to 10% of the hard costs of an eligible event. A hard cost means an actual incurred cost associated with hosting the event, as determined by the office in consultation with industry stakeholders. The program may also offer rebates of up to 25% for COVID-19-related costs, which are hard costs that are directly related to complying with public health orders or other mandates issued in response to the COVID-19 pandemic, as determined by the office in consultation with industry stakeholders. The primary organizer or booking agent, as determined pursuant to guidelines developed by the office, may apply for and receive the rebate for an eligible event.The program may provide direct support to attract eligible events that have the potential to generate significant economic impact and affect multiple counties. The costs of all such direct support cannot exceed 5% of the total appropriation for the program.The office is required to create guidelines for the program. In doing so, the office must consider mechanisms to:Make rebates and direct support available equitably and proportionally across the state; Prioritize events with significant economic impacts; and Retain existing events with a demonstrated risk of cancellation, delay, or relocation in addition to attracting new events to the state. The act appropriates $10 million to the office for the program. The program is repealed, effective January 1, 2024.(Note: This summary applies to this bill as enacted.)

The act repeals a requirement that the state auditor conduct audits of the portion of the limited gaming fund that is transferred to the state historical fund for the preservation and restoration of the cities of Central, Black Hawk, and Cripple Creek.(Note: This summary applies to this bill as enacted.)

Under current law, it is criminal extortion to threaten to report another person's immigration status to law enforcement to induce the threatened person to give the person money or another item of value. The act adds to that version of criminal extortion a prohibition against threatening to report a person's immigration status to law enforcement to induce the threatened person to perform an act or refrain from performing a lawful act.(Note: This summary applies to this bill as enacted.)

The act repeals a requirement that the state auditor annually report uses of state education fund money for school capital construction to the education committees of the senate and the house of representatives, the legislative audit committee, and the joint budget committee of the general assembly.(Note: This summary applies to this bill as enacted.)

The act limits the conditions under which the appropriate regulatory authority in the department of revenue and the department of regulatory agencies may use a driver's history to make certain decisions about a license, permit, certification, or registration that is necessary to practice an occupation or profession or to operate a business. Felonies and misdemeanors are excluded from the meaning of "driver's history".The decisions that are limited by the act concern:Issuing, renewing, reinstating, or reactivating the license, permit, certification, or registration; and Taking disciplinary action against the holder of the license, permit, certification, or registration. The events in a driver's history used to make these decisions may be used only if the event is relevant to the profession or occupation and:The profession or occupation involves driving; The event is a part of a pattern of behavior; or The event occurred within 3 years before the person applied for the license, permit, certification, or registration or the act upon which the discipline is based.(Note: This summary applies to this bill as enacted.)