The act requires the Colorado oil and gas conservation commission (commission) and the water quality control division (division) in the department of public health and environment, in consultation with local governments, to perform a study that: Identifies best management practices for capturing methane seepage in the Raton basin; Evaluates the quality of water resulting from such methane capture operations; and Evaluates the potential to preserve and make beneficial use of such water. The primary objectives of the study are to: Proactively and systematically locate and survey methane gas seepage in the Raton basin; Document previous areas of seepage; Calculate any differences in seepage amounts; and Assess the potential for methane to create hazardous conditions. The study must include: A survey to identify suspected seepage areas, previous seepage areas, and increases or decreases in seepage; Detailed mapping of suspected seepage areas; Sampling and analysis of gas collected from selected seepage areas; and Sampling and analysis of water from selected water wells and methane capture wells in the Raton basin. In performing the study, the commission and the division shall coordinate with: The Colorado energy office; The division of water resources in the department of natural resources; The division of mining, reclamation, and safety in the department of natural resources; The division of parks and wildlife created in the department of natural resources; and The boards of county commissioners in Las Animas and Huerfano counties. The commission must complete the study and submit it to legislative committees of reference by June 30, 2025. For the 2023-2024 state fiscal year, the act appropriates $558,500 from the oil and gas conservation and environmental response fund to the department of natural resources, for use by the commission, and $85,361 from the general fund to the department of public health and environment. APPROVED by Governor June 2, 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.)
Starting July 1, 2024, the act prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application. An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by: A bona fide occupational qualification pertaining to public or occupational safety; A federal law or regulation; or A state or local law or regulation based on a bona fide occupational qualification. The act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or graduation from an educational institution. The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers. For the 2023-24 state fiscal year, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards. APPROVED by Governor June 2, 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 implements the recommendations of the department of regulatory agencies in its 2022 sunset report by: Extending the regulation of nursing home administrators 5 years, to September 2028; Authorizing the board of examiners of nursing home administrators to discipline a licensee for failing to respond to a complaint; and Removing the requirement that a letter of admonition to a licensee be sent through certified mail. Beginning January 1, 2024, the act also requires nursing home administrators to submit to a check in the department of human services adult protective services data system to determine if the person is substantiated in a case of mistreatment of an at-risk adult. APPROVED by Governor June 2, 2023 PORTIONS EFFECTIVE June 2, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
Current law prohibits racing of greyhounds in Colorado; however, it is legal to wager on greyhound races that are conducted at out-of-state race tracks and simulcast for viewing in off-track betting venues in Colorado. The act makes it unlawful in Colorado to wager on any race of greyhounds that is conducted at, and simulcast from, a track that is outside of Colorado. The act also creates the greyhound welfare and adoption fund and requires that, of the money that is paid to the department of revenue by licensees for the privilege of conducting races and operating in-state simulcast facilities, the department must transfer to the fund: $25,000 on January 1, 2025; and $50,000 on January 1, 2026. The fund is repealed, effective August 1, 2026. APPROVED by Governor June 2, 2023 EFFECTIVE October 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act prohibits the state, counties, cities and counties, municipalities, school districts, and any of their departments, institutions, or agencies (public employers) from making it a condition of employment that an applicant for employment or current or past employee (employee) executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the public employer (nondisclosure agreement) unless the nondisclosure agreement is necessary to prevent disclosure of: The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests held by the employee who is a party to the agreement if the employee elects to restrict such disclosure; Data, information, including personal identifying information, or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, state rules, or a court of law or as attorney-client privileged communications, privileged work product, communications related to a threatened or pending legal or administrative action, or materials related to personnel or regulatory investigations by the employer; Information bearing on the specialized details of security arrangements or investigations, including security arrangements for or investigations into elected officials or other individuals, physical infrastructure, or cybersecurity; Information derived from communications of the employer related to threatened or pending legal or administrative action; Discussions that occur in an executive session authorized by the "Colorado Open Meetings Law"; Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, or grantee or as part of a public-private partnership or entity working with the state as part of an economic development activity; Trade secrets or information derived from trade secrets or proprietary information of the employer; Information and records not subject to disclosure under the "Colorado Open Records Act" (CORA); or Trade secrets owned by the employer. For a public employer that is the state or a department, institution, or agency of the state, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of: Nonpublic and confidential labor relations positions and strategies; Attorney work product; Vendor lists and vendor preferences; State business-related information received from a third party that the third party has designated confidential; or Information and matters related to state active duty orders of national guard soldiers and airmen and personnel disputes subject to the jurisdiction of the United States department of defense; For a public employer that is a county, a city and county, a municipality, or a department, institution, or agency of a county, a city and county, or a municipality, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of: Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate; or Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer. The act specifies that any provision in any contract or agreement that amounts to a nondisclosure agreement is deemed to be against public policy and unenforceable against an employee of a public employer who is a party to the contract or agreement unless the provision is intended to prevent disclosure of any information or matters for which an exception to the general prohibition against nondisclosure agreements for the public employer applies. The act prohibits a public employer from taking any materially adverse employment-related action, including withdrawal of an offer of employment, discharge, suspension, demotion, or discrimination in the terms, conditions, or privileges of employment, against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under the act. The act also states that the taking of a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation and that any public employer that enforces or attempts to enforce a contract or agreement provision deemed by a court to be against public policy and unenforceable under the act is liable for the employee's reasonable attorney fees and costs in defending against the action. The act requires an action to enforce a provision of the act to be brought in the district court for the district in which the employee is primarily employed. A settlement agreement between an employer that is subject to the act and an employee of the employer must be signed by both the employer and the employee. A nondisclosure agreement must not prohibit the release of information required to be released under CORA. In addition, a nondisclosure agreement executed by a public employer that is the state or a department, institution, or agency of the state and an employee must state that state employees are protected from retaliation for disclosure of information about state agencies that are working outside the public interest. A public employer may require an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer. APPROVED by Governor June 2, 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 requires that the department of human services (department) add to its report information on the number of youth who at the time they received services from the county department of human or social services (county department) or were placed in out-of-home placement by a county department had an open delinquency case in a district court, were on juvenile probation, or had a juvenile deferred sentence. The act repeals the requirement to created performance measures for local collaborative management programs. The act requires a local collaborative management program to create one or more individualized service and support teams which may refer a child to services and establish a service and support plan for a child in need of services. The act requires the department to create an information form to be used by certain agencies and individuals to refer a child to a local collaborative management program for services. The act delineates who has access to the records created by an individualized service and support team. The act requires the department to include strategies for children who would benefit from integrated multi-agency services in its training for counties participating in a local collaborative management program. The act requires each interagency oversight group to add to its report to the executive director of each department and agency that is a party to a memorandum of understanding certain demographic, status, and referral information on children and families served and referred to services through a local collaborative management program. On July 1, 2023 and annually thereafter, the act requires the general assembly to appropriate money to the collaborative management cash fund (fund) to serve children who would benefit from integrated multi-agency services. Beginning July 1, 2024, the act requires the executive director of the department to provide an annual sum to each local collaborative management program to provide services to children who would benefit from integrated multi-agency services based on a funding formula that takes into account the amount of available funds, the need for a base of resources to direct a child and family members to appropriate services, and the number of children in the population to be served. On or before July 1, 2024, a local collaborative management program nd each July 1 thereafter, the act requires the district attorney of each judicial district to submit a report to the house of representatives judiciary committee and the senate judiciary committee that includes information on children who are offered an opportunity to participate in a diversion program. The act appropriates $2,257,411 from the general fund to the department for use by the division of child welfare. From this appropriation, $257,411 must be used for collaborative management program administration and evaluation and $2,000,000 must be used to assist interested counties that do not already operate a local collaborative management program with establishing a local collaborative management program or joining an existing local collaborative management program. The act further appropriates $1,165,039 from the general fund to the fund for use by the division of child welfare for distribution to existing local collaborative management programs. APPROVED by Governor June 1, 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 authorizes the administrator of the "Uniform Consumer Credit Code" to adopt rules regarding deferral charges for certain consumer credit transactions that are secured by the consumer's potential proceeds from a settlement or judgment obtained in the consumer's associated legal claim. APPROVED by Governor June 1, 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 modifies the definition of "qualified local expenditure" for purposes of the performance-based incentive for film production in Colorado to include payment by a production company to a personal services corporation to pay the wages or salaries of an employee-owner of the personal service corporation. "Personal service corporation" and "employee-owner of a personal service corporation" have the same meaning as set forth in the internal revenue code. A payment by a production company to a personal service corporation is a qualified local expenditure only if the production company documents the payment in an information income tax return. Payments in excess of $1 million per calendar year per personal service corporation are excluded from the calculation of the performance-based incentive. The changes related to the definition of employee and withholding requirements made in the act apply to income tax years commencing on or after January 1, 2024. The act adds the new information income tax return requirement for production companies to state income tax law and specifies that a production company is generally not required to deduct and withhold state income tax from a payment to a personal service corporation for services. However, if the information return fails to provide a taxpayer identification number for the personal service corporation that can be validated through the taxpayer identification number matching program administered by the internal revenue service, or provides a taxpayer identification number issued for a nonresident alien, then such deduction, withholding, and payment of state income tax to the department of revenue is required. The act also eliminates the withholding exemption for a payment to a nonresident individual who performs services in connection with a film production for less than 120 days in a calendar year. APPROVED by Governor June 1, 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 justice reinvestment crime prevention initiative (initiative) is administered by the division of local government (division) in the department of local affairs (department) to expand small business lending and provide grants aimed at reducing crime and promoting community development. The initiative consists of the targeted crime reduction grant program, which provides funding to eligible entities for programs, projects, or direct services aimed at reducing crime and promoting community development in certain target communities, and a statewide business and entrepreneurship training and grant program for justice-system-involved persons. The targeted crime reduction grant program cash fund (fund) was continuously appropriated to the department for the purposes of these 2 grant programs. The act specifies that for state fiscal year 2023-24 and subsequent fiscal years, the department may expend money from the fund subject to annual appropriation and that the department may use any remaining appropriated money during the year following the year for which the general assembly appropriated the money. The act specifies that the statewide business and entrepreneurship training and grant program for justice-system-involved persons will be repealed on September 1, 2024. The department may expend money from the justice reinvestment initiative expansion account (account) in the fund for the purposes of expanding the targeted crime reduction grant program to Grand Junction and Trinidad and to implement the grant program for justice-system-involved persons. The law required the state treasurer to transfer any money remaining in the account to the general fund on July 1, 2023 and specified that the account will repeal on September 1, 2023. The act changes the repeal date of the account to September 1, 2024, and requires the state treasurer to transfer any money remaining in the account to the fund on July 1, 2024. The act specifies that the department may expend the transferred money for the targeted crime reduction grant program and the grant program for justice-system-involved persons. The act clarifies that the initiative is repealed, effective September 1, 2027, and that the department of regulatory agencies will review the initiative for repeal, continuation, or reestablishment before the initiative is repealed. For the 2023-24 state fiscal year, $3,000,000 is appropriated from reappropriated funds in the fund to the department of local affairs to fund crime prevention initiative grants. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
The act reclassifies various criminal offenses that are currently a felony to a different felony or misdemeanor level. The act changes the elements of some crimes to align with the new sentencing classifications. The act appropriates $32,170 from the general fund to the judicial department for probation programs and services and for capital outlay. APPROVED by Governor June 1, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
Current law prohibits a licensed retail marijuana store from selling retail marijuana or retail marijuana products over the internet or through delivery. The act allows a licensed retail marijuana store to accept payment online for the sale of retail marijuana and retail marijuana products. An individual must be physically present on the retail marijuana store's licensed premises to take possession of the purchased retail marijuana or retail marijuana product. The retail marijuana store must verify that the individual who takes possession of the marijuana is at least 21 years of age and is the same individual who made the online payment and ensure that an individual purchasing retail marijuana or retail marijuana products online is provided with digital versions of all warnings or educational materials that the retail marijuana store is required to post and provide on its licensed premises. APPROVED by Governor June 1, 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 changes how pass-through entities may elect to pay taxes, specifies how to report and account for adjustments to federal taxable income, and changes the due date for filing a C-corporation income tax return. Partnerships and S corporations (pass-through entities) have had 3 options for ensuring that the income taxes owed by nonresident owners will be paid. Pass-through entities have been able to file a composite return on behalf of these owners, withhold an estimated tax payment, or collect and file an agreement that the owner will file a separate return. For income tax years beginning on and after January 1, 2024, section 1 of the act consolidates the composite return and withholding options and clarifies the calculation of the required payment. Section 2 adopts the multistate tax commission's model statute for reporting adjustments to federal taxable income. When federal taxable income is adjusted by the internal revenue service, or by the taxpayer through an amended federal return, the taxpayer must also report that change to the state. Those changes have had to be reported within 30 days and new federal centralized partnership audit procedures have not been addressed. The act provides additional time for reporting adjustments and allows pass-through entities to handle adjustments at the entity level on behalf of their owners. Section 3 changes the due date for income tax returns by C corporations. State income tax returns have had to be filed by C corporations by April 15, and prior to 2017, the federal income tax return deadline for C corporations was March 15. This meant that the state's April 15 due date and October 15 extension deadline was one month after the federal due date. In 2017, congress moved the federal due date for C corporations to April 15. Section 3 restores the one-month lag by changing the state due date to May 15, with a November 15 extension deadline. APPROVED by Governor June 1, 2023 PORTIONS EFFECTIVE January 1, 2024 PORTIONS EFFECTIVE August 7, 2023 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.)
