The bill requires that a state agency, in issuing an emergency public health order, comply with the procedural requirements set forth in the "State Administrative Procedure Act" (APA) that apply to emergency rules. To extend an emergency public health order beyond the 120-day limit that applies to emergency rules, the agency must comply with the rule-making procedures regarding notice and a hearing, as set forth in the APA.(Note: This summary applies to this bill as introduced.)
The bill defines "backcountry search and rescue" as the utilization, training, and support of responders, with their specialized equipment, to locate, provide assistance to, and remove to safety individuals who are lost, injured, stranded, or entrapped, generally in remote areas of the state. The department of natural resources (department) must conduct a study and develop recommendations on the issues related to backcountry search and rescue, including coordination among the local, state, and nonprofit organizations involved in backcountry search and rescue, the adequacy of resources and benefits available to volunteers who provide backcountry search and rescue services, the funding needs for equipment and reimbursement, and the needs for volunteer training and public education. The department must also, subject to available appropriations, conduct outreach and training related to the physical and psychological support needs of backcountry search and rescue volunteers, which may include working with consultants, providing programs, or creating a grant program for local governments or nonprofit organizations providing backcountry search and rescue. The bill makes conforming amendments related to the definition of "backcountry search and rescue".(Note: This summary applies to this bill as introduced.)
The bill establishes the water storage tank wildfire mitigation grant program (grant program) within the forest service. Grant recipients may use grant money to purchase water storage tanks for wildfire firefighting efforts. The grant program only awards grants to entities that are an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit or not-for-profit organization that is registered and in good standing with the secretary of state's office. In awarding grants, the forest service considers the potential impact of additional water storage tanks in the applicant's jurisdiction or area. Grant recipients are required to report to the forest service, and the forest service is required to annually report on the grant program to the wildfire matters review committee. The bill also creates the water storage tank wildfire mitigation cash fund. Money in the fund is used to implement the grant program. The general assembly is required to transfer $5 million into the fund beginning September 1, 2021, through and including the 2024-25 fiscal year. (Note: This summary applies to this bill as introduced.)
The bill: Prohibits an employer from requiring union membership or payment of union dues as a condition of employment; Creates civil and criminal penalties for employer violations regarding union membership and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation; and States that all-union agreements are unfair labor practices.(Note: This summary applies to this bill as introduced.)
The bill creates a process to automatically expunge petty offenses a year after completion of the sentence, nonviolent misdemeanors 3 years after the completion of the sentence, and nonviolent felonies 5 years after the completion of the sentence. The bill creates a list of convictions for which automatic expungement is not permitted. The bill requires the state court administrator (administrator) to compile a list of convictions that are eligible for expungement. After the administrator compiles the list, the administrator sends the list to the Colorado bureau of investigation (bureau) for review, and the bureau removes from the list any convictions in which the identity of the defendant is unverifiable or in which the defendant had another conviction during the waiting period. The bureau sends its amended list to each district attorney in the state, and the district attorney removes any convictions in which the defendant has a pending criminal charge. Each district attorney sends its amended list to the administrator. The administrator compiles all of the lists into one final list and sorts the convictions by judicial district. If the chief judge of a judicial district authorizes the administrator to issue expungement orders, the administrator shall issue expungement orders based on the final list. If the chief judge of a judicial district does not authorize the administrator to issue expungement orders, the administrator shall send the final list to the chief judge of the judicial district, and the courts of that judicial district shall enter expungement orders based on the final list received. The administrator shall develop a website that allows a defendant to confidentially determine whether the defendant's conviction has been expunged and provides information about how to receive a copy of the expungement order. (Note: This summary applies to this bill as introduced.)
During the 2020 general election, the voters approved Proposition 114, which authorized the reintroduction of gray wolves on designated lands in Colorado west of the continental divide beginning no later than December 31, 2023. The bill excludes from the definition of "designated lands" the following: Lands within a county in which the majority of the votes cast in the 2020 general election did not approve Proposition 114 unless, prior to a proposed reintroduction of gray wolves in that county, an election is held in the county and a majority of the votes cast from that county in the election approve of the reintroduction of the gray wolf in designated lands in the county; and Lands within a county in which is located prey of the gray wolf that, as determined by the parks and wildlife commission, either: Is a candidate for listing or has been placed in the threatened or endangered species list pursuant to the federal "Endangered Species Act of 1973" or is listed as endangered or threatened pursuant to state law; or The state has spent money to reintroduce or restore.(Note: This summary applies to this bill as introduced.)
The bill establishes a private school tuition income tax credit commencing on or after January 1, 2021, that allows any taxpayer to claim a credit when the taxpayer enrolls a qualified child in a private school or the taxpayer provides a scholarship to a qualified child for enrollment in a private school. The private school issues the taxpayer a credit certificate and the amount of the credit is: For full-time attendance, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 50% of the previous year's state average per pupil revenues, whichever is less; and For half-time attendance, an amount equal to either the tuition paid or the scholarship provided to a qualified child, as applicable, or 25% of the previous year's state average per pupil revenues, whichever is less. The bill also establishes a home-based education income tax credit commencing on or after January 1, 2021, that allows any taxpayer who uses home-based education for a qualified child to claim an income tax credit in an amount equal to: $1,000 for a taxpayer who uses home-based education for a qualified child who was enrolled on a full-time basis in a public school in the state prior to being taught at home; and $500 for a taxpayer who uses home-based education for a qualified child who was enrolled on a half-time basis in a public school in the state prior to being taught at home. Both credits may be carried forward for 3 years but may not be refunded. In addition, the credits may be transferred, subject to certain limitations. (Note: This summary applies to this bill as introduced.)
The bill amends the "Life and Health Insurance Protection Association Act" as follows: Adds health maintenance organizations (HMOs) as members of the association and subjects HMOs to assessments from the association; and Allocates responsibility for long-term care insurance assessments between health insurance and life insurance association members.(Note: This summary applies to this bill as introduced.)
Commencing with the 2022 general election, and subject to an elector's choice to receive and cast all ballots by mail, the bill requires that all registered electors cast their ballot in person for each general election at a polling location within the county of the elector's residence. The number and siting of polling locations within a county must be designated by the county clerk and recorder. Under the bill, voting in person is limited to a 7-day period commencing 6 days before and culminating the day of the election. During this one-week period, polling locations must remain open for voting from 7 a.m. to 7 p.m. each day during the week. A registered elector may cast a ballot in person at any time during which polling locations are open during the one-week period. Each county clerk and recorder shall institute procedures by which a registered elector may choose to vote by mail ballot by affirmatively requesting that the elector would like to receive and cast a ballot by mail for all forthcoming general elections. The bill requires all ballots to be counted not later than the day of the election. A ballot is not counted if it is received by a county clerk and recorder after the polls have closed on election day. No preliminary results of any race contested in the election may be disclosed by the county clerk and recorder prior to the dissemination of the final results of a race on or after election day. (Note: This summary applies to this bill as introduced.)
Section 1 of the bill allows a person to sell, without licensure, regulation, or inspection by a public health agency, an animal or shares of the meat of an animal for future delivery if: At the point of sale, the person displays a conspicuous disclaimer or gives the customer a document with a disclaimer indicating that the seller is not subject to licensure and the animal or meat is not subject to state regulation or inspection by a public health agency and that the animal or meat is not intended for resale; and The animal or meat is delivered directly from the seller to an informed end consumer and is sold only in Colorado and the sale does not involve interstate commerce. A person who makes a purchase under the bill is prohibited from reselling the animal or animal share. The bill clarifies that the seller is not liable in a civil action for damages caused by inadequately cooking or improperly preparing the animal or animal share. Section 2 limits the number of brand inspections for an animal share sale to a single inspection before slaughter. Each purchaser must be listed on the inspection certificate. The state board of stock inspection commissioners will promulgate rules establishing procedures for a single inspection.(Note: This summary applies to this bill as introduced.)
The bill requires that a state agency, in issuing an emergency public health order, comply with the procedural requirements set forth in the "State Administrative Procedure Act" (APA) that apply to emergency rules. To extend an emergency public health order beyond the 120-day limit that applies to emergency rules, the agency must comply with the rule-making procedures regarding notice and a hearing, as set forth in the APA.(Note: This summary applies to this bill as introduced.)
The bill limits the duration of a state of disaster emergency declared by the governor to 60 days unless the general assembly, by adopting a joint resolution, extends the duration of the state of disaster emergency or authorizes the governor to extend the duration of the state of disaster emergency for a period or subject to conditions specified in the joint resolution.(Note: This summary applies to this bill as introduced.)
