The act creates the Colorado adult high school program (program) in the office responsible for adult education within the department of education (department). The purpose of the program is to create a pathway for Coloradans who are 21 years of age or older and do not have a high school diploma to attend high school and earn a diploma at no cost. Students may also earn industry-recognized certificates, career and technical education certificates, or college credits at no cost through the program. The act requires the department to award a grant to a Colorado community-based nonprofit organization (organization) to operate the program as an education provider. The education provider is required to: Secure and maintain a building for the program; Contribute funding annually for operating and facility costs; Hire educators and school personnel, including life coaches who help students navigate academic and personal challenges; Propose an academic accountability system with the approval of the department; Establish minimum graduation requirements; Award Colorado high school diplomas to students who successfully complete the graduation requirements; Use an evidence-based educational model that a third-party evaluator has proven effective; Develop courses that may be offered to student in person; Develop online courses for students who take classes in person and demonstrate academic readiness for remote course work; Consult with a nonprofit organization that has successfully implemented an evidence-based educational model for adults in another state; Serve all students, regardless of immigration status; Enroll no more than 400 students at one time; Comply with state and federal laws concerning students with disabilities, including students with accommodations pursuant to section 504 of the federal "Rehabilitation Act of 1973"; Create individualized education programs for students with disabilities; Collaborate with local district colleges, community colleges, area technical colleges, or local career and technical education programs to ensure access to courses that can lead students to graduate with industry-recognized certificates; Fund industry-recognized and career and technical certificate programs at no cost to students; Create a plan in collaboration with institutions of higher education to authorize teachers to teach courses for students to obtain college credit and to align teacher qualification requirements with the state concurrent enrollment program; Operate a licensed, on-site child care center for students with children; and Offer transportation assistance to students who enroll in the program. The department is required to establish a fair and transparent application process in order to select an organization to operate the program. The application process must include input from the office within the department responsible for adult education. On or before July 31, 2025, July 31, 2026, and March 30, 2027 the education provider is required to report to the department on the status of the program. On or before November 30, 2025, November 30, 2026, and June 30, 2027, the department is required to report the status of the program to the house of representatives education committee and the senate education committee, or their successor committees, including but not limited to: Student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender, and disability; Accountability measure outcomes; and The number of industry-recognized certificates, college credits, and overall average credit attainment that students earn each term. The program repeals July 1, 2027. The act appropriates $5 million from the general fund to the department for the program and for legal services. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
The act makes the following changes to the "Colorado Open Records Act" (CORA): Prohibits a custodian of public records from requiring a requester to provide any form of identification to request or inspect records pursuant to CORA unless a requester is otherwise required to provide identification pursuant to law; Clarifies that if a public record is available in a digital format that is searchable, the custodian is required to provide a digital copy of the record in a searchable format unless otherwise requested by the requester; Specifies that if a public record is available in a digital format, the custodian is required to transmit copy of the record in a digital format by electronic mail or by another mutually-agreed upon transmission method if the size of the record prevents transmission by electronic mail; Prohibits a custodian from converting a digital record into a non-searchable format prior to transmission; Allows a custodian to deny a requester's right to inspect the telephone number or home address that a person provides to an elected official, agency, institution, or political subdivision of the state for the purpose of future communication with the elected official, agency, institution, or political subdivision of the state; Notwithstanding specified provisions of law, makes certain records of sexual harassment complaints made against an elected official and the results or report of investigations regarding alleged sexual harassment by an elected official available for inspection if the investigation concludes that the elected official is culpable for any act of sexual harassment; Requires each member of the general assembly, the governor's office and each office of the governor, and each state agency and institution to submit, on or before January 1, 2024, a report to the staff of the legislative council of the general assembly outlining its respective electronic mail retention policy; Prohibits a custodian from charging a per-page fee for providing copies of a public record if the record is provided in a digital or electronic format; and Requires a custodian to allow records requesters to pay any fee or deposit associated with the request via a credit card or electronic payment if the custodian allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Under current law, a court may only grant a no-knock search warrant under certain circumstances. The act adds a requirement that there is either probable cause for an arrest of a suspect or no-knock entry is necessary because of a credible threat to the life of any person including the executing officers. The act requires a peace officer executing a search warrant on a dwelling to: Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge authorizes execution at another time; Be readily identifiable as a law enforcement officer in uniform, wearing a visible law enforcement badge; Wear and activate a body-worn camera when entering a premises; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except when the court authorizes a no-knock warrant or if the circumstances known to the officer at the time provide a objectively reasonable basis that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself. The act requires a peace officer who makes a warrantless entry into a dwelling to: Wear and activate a body-worn camera when entering a premises for the purpose of enforcing the law; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because: An emergency threatens the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or The officer is in hot pursuit of a fleeing suspect. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
The act defines "harassment or discrimination" as unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class. The conduct or communication need not be severe or pervasive under specified circumstances. Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances. The act requires a public school that enrolls students in any of grades kindergarten through 12 (public school) to accept formal reports of harassment or discrimination in writing or in person; by phone, e-mail, or online form. A report received by a public school that alleges harassment or discrimination is confidential. The act requires a public school to: Post notices describing how a student can report harassment or discrimination to the school; Grant an excused absence to a student for certain out-of-school appointments related to the student experiencing harassment or discrimination; and Provide accommodations and supportive measures to a student experiencing harassment or discrimination. Each school district, charter school, or board of cooperative services (local education provider) shall adopt procedures for investigating reports of harassment or discrimination. A local education provider shall retain the records of a harassment or discrimination report for 7 years. Each local education provider shall adopt a written policy (policy) that protects students experiencing harassment or discrimination. The policy must include the following: Information on reporting options for students, including contact information for the person designated to receive reports; An explanation of the school's role in responding to reports of harassment or discrimination; Information about resources for victims of violence; A prohibition on a school using a student report of harassment or discrimination or information learned during an investigation as the basis for, or a consideration in, investigating or exacting any disciplinary response for specified school violations by the student related to the harassment or discrimination; and Information about available accommodations and supportive measures. A public school shall make the policy available annually to students, students' parents and legal guardians, and employees. The act requires a public school to provide training to school staff about harassment and discrimination, including training about the school's policy. Each new employee of a public school must complete training upon hiring, and every 3 years thereafter. Public schools of a school district must report information about harassment or discrimination to school districts, who report that information to the department of education (department). An institute charter school reports the information to the state charter school institute, who reports the information to the department. The department reports the information to the sexual misconduct advisory committee in the department of higher education. A complaint of harassment or discrimination that is unsubstantiated, and all records related to the unsubstantiated complaint, is not a public record subject to disclosure pursuant to the "Colorado Open Records Act" and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes of pattern of the same or similar behavior. The act exempts from the existing school attendance requirement excused absences for a therapy, medical, legal, or victim services appointment, or for behavioral or mental health concerns, related to harassment or discrimination. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
For each transportation project identified in the 10-year transportation plan (plan) prepared by the department of transportation (department) under the direction of the transportation commission (commission), section 1 of the act requires the following information to be specified and regularly updated as circumstances change: The time frame for project completion; The total estimated amount of funding required to complete the project; and Accounting for the total estimated amount of funding for the project, and the amount of funding from each funding source that has been allocated for the project or is anticipated to be allocated for the project. The plan must always identify specific funding sources and amounts that taken together account for full funding for each project identified in the plan but may indicate, both with respect to the plan generally and with respect to any specific project, the extent to which and reasons why the source and amounts of funding listed are uncertain and subject to change. Section 1 also requires the department to provide to state and local government elected officials a designated and readily available department contact to receive and respond to their questions about the status and funding of specific transportation projects and to inform such elected officials of the existence of the designated contact and the means by which the designated contact may be reached. Section 2 requires the department to annually report to the transportation legislation review committee (TLRC) on the status of project delivery for the projects identified in the plan and requires the commission to include an update on the plan in its annual proposed budget allocation plan presented to the joint budget committee. As part of its reporting to the TLRC, the department is required to provide guidance to the TLRC as to how to access and understand the plan, and the TLRC may, if it determines that the plan does not include all the information required by section 1, instruct the department to ensure that any missing required information is promptly added to the plan. APPROVED by Governor June 6, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause.(Note: This summary applies to this bill as enacted.)
The "National Labor Relations Act" does not apply to federal, state, or local governments and the "Colorado Labor Peace Act" excludes governmental entities, with an exception for mass transportation systems, which means that these labor laws do not cover most public employees. The act grants certain public employees, including individuals employed by counties, municipalities, fire authorities, school districts, charter schools, public colleges and universities, library districts, special districts, public defender's offices, the university of Colorado hospital authority, the Denver health and hospital authority, the general assembly, and a board of cooperative services, the right to: Discuss or express views regarding public employee representation or workplace issues; Engage in protected, concerted activity for the purpose of mutual aid or protection; Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation; and Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization. However, a public employer that has a nonpartisan role may limit the right of an employee to fully participate in the political process while off duty and not in uniform to the extent necessary to maintain the nonpartisan role of the employer. The act also prohibits certain public employers from discriminating against, coercing, intimidating, interfering with, or imposing reprisals against a public employee for engaging in any of the rights granted. The division of labor standards within the Colorado department of labor and employment (division) is charged with enforcing any alleged violation of these rights and is granted rule-making authority. A party may appeal the department's final decision to the Colorado court of appeals. The act requires the court of appeals to give deference to the final decision of the department. For the 2023-24 state fiscal year, $151,751 is appropriated to the department of labor and employment for use by the division and for the purchase of legal services as needed to implement the act. APPROVED by Governor June 6, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE July 1, 2024 NOTE: This act was passed without a safety clause and portions of it take effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act increases the amounts of transfers from the general fund to the capital construction fund and from the general fund to the information technology capital account of the capital construction fund that are scheduled to be made on July 1, 2023, as follows: The transfer from the general fund to the capital construction fund is increased by $14,607,257, from $233,361,030 to $247,968,287; and The transfer from the general fund to the information technology capital account of the capital construction fund is increased by $3,605,507, from $60,308,481 to $63,913,988. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
Beginning on January 1, 2024, the state and any local government in the state or any agency, officer, employee or agent of the state or a local government (governmental entity) is prohibited from: Entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; Selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity; Paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity; Receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; or Giving financial incentives or benefits to a private entity in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity. Nothing in the act prohibits a governmental entity from providing heath and safety resources to individuals who are being detained for immigration purposes or a local government from contracting for health, utility, and sanitation services to immigration detention facilities. Beginning on January 1, 2024, a governmental entity is prohibited from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). In addition, a governmental entity with an existing immigration detention agreement is required to exercise the termination provision contained in the agreement by January 1, 2024, or as soon as possible within the terms of the immigration detention agreement if termination by January 1, 2024 is not possible. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act expands the duties of the office of the inspector general in the department of corrections (department) to include, upon request of law enforcement, seeking out and arresting any fugitive from a correctional facility and assisting law enforcement in the apprehension of any fugitives from justice throughout the state. The department is required to annually report to the general assembly about the inspector general's work apprehending, and assisting law enforcement agencies with apprehending, fugitives. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Section 1 of the act increases the limit on medical impairment benefits based on mental impairment from 12 weeks to 36 weeks. Section 2 removes language authorizing an employee to petition the division of workers' compensation in the department of labor and employment (division) for the replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures. The treating physician must deem such replacement necessary. Section 3 allows an employee to request an expedited hearing when the employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment. Section 4 specifies that when a physician recommends medical benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment. Current law requires an insurance carrier to provide an independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination. Section 6 allows a prehearing administrative law judge to issue interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs. Current law states that, in an unappealed case, a contingent attorney fee exceeding 20% of the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%. For the 2023-24 state fiscal year, $731,640 is appropriated to the department of labor and employment from the from the workers' compensation cash fund for use by the division of workers' compensation in implementing the act. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act establishes the division of civil protections and rights in the department of law. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act expands the definition of state "records" to include audio recordings, visual recordings, and audio-visual recordings regardless of their format, which allows these types of records to be deposited in the state archives. It also provides for the preservation of state records through digital scanning when the preservation method meets certain standards established by the department of personnel. The act repeals the requirement that the state archives receives copies of every state publication. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
