A person who is at least 65 years of age or who is a person called into military service may elect to defer the payment of real property taxes. Other residential real property owners may also defer the payment of a portion of real property taxes under certain circumstances. For all 3 categories of taxpayers who are eligible to defer the payment of real property taxes, the property for which the deferral is claimed cannot be income-producing. Beginning in the 2023 property tax year, the act specifies that the prohibition against the property being income-producing does not apply if the taxpayer claiming the deferral is at least 65 years of age, is a person called into military service, or is the surviving spouse of such a taxpayer. For a property owner called into military service or a property owner who is not called into military service and is not at least 65 years of age but is otherwise eligible to claim a property tax deferral, to be eligible for the property tax deferral the total value of all liens of mortgages and deeds of trust on the property must be less than or equal to 90% of the actual value of the property (90% requirement). For property tax years commencing on or after January 1, 2023, the act specifies that the 90% requirement does not apply if the owner of the property is a person called into military service and has a home loan guaranteed by the veterans administration of the United States. 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 the date upon which the department of public health and environment must begin providing reimbursements to eligible schools that serve students in sixth, seventh, or eighth grade for costs associated with the testing of drinking water from March 15, 2024, to June 1, 2023. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, a county clerk and recorder may permit the parties to a proposed marriage or civil union to satisfy the requirement to appear before the county clerk and recorder by interactive audiovisual communication technology or online functionality for the purpose of satisfying certain requirements for a marriage license or civil union license. This authority repeals on December 31, 2023. The act extends the authority indefinitely. Under current law, a county clerk and recorder who permits parties to a proposed marriage or civil union to satisfy certain requirements without appearing in person and staff members who carry out duties of the county clerk and recorder shall complete training developed by the human trafficking council concerning human trafficking in Colorado. The act requires this training to be completed at least once every 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 act requires the department of health care policy and financing (state department) to study the feasibility of extending continuous medical coverage for additional children and adults. The state department is required to submit a report detailing its findings and recommendations from the feasibility study to the joint budget committee of the senate and house of representatives, the governor, and to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or any successor committees, by January 1, 2026, and also make the report publicly available. No later than April 1, 2024, the state department must seek federal authorization to extend continuous eligibility coverage for children under 3 years of age, including children who would be eligible for medical assistance coverage but are not because of their immigration status, and to extend eligibility coverage for 12 months for adults who have been released from a Colorado department of corrections facility, regardless of any change in income during that time. Upon approval of the federal authorization, the state department shall implement continuous eligibility coverage by January 1, 2026. The act appropriates $337,765 from the general fund to the state department for use by the executive director's office (office). From this appropriation the office may use $192,915 for personal services, $20,050 for operating expenses, and $124,800 for general professional services and special projects. The act anticipates that the state department will receive $337,765 in federal funds to implement this act. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
The act eliminates the requirement that a local government that offers police or fire protection services (employer) must contribute to the law enforcement officers' and firefighters' continuation of benefits fund (fund) to be eligible to have the continuation of medical and dental benefits for dependents of an employee who died in a work-related death paid for from the fund for one year. Instead, the act makes any employer eligible to have the continuation of benefits paid for from the fund for one year when an employee dies in a work-related death. To provide for the costs of ongoing claims, the state treasurer is directed to transfer $150,000 from the general fund to the fund on July 1, 2023, and on July 1 each year thereafter through July 1, 2025. For the 2023-24 state fiscal year, the act appropriates $150,000 from the fund to the department of the treasury to be used for the implementation of the act. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended. 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. Section 97 takes effect only if House Bill 23-1225 becomes law and takes effect on the effective date of this act or House Bill 23-1225, whichever is later. House Bill 23-1225 took effect May 10, 2023. (Note: This summary applies to this bill as enacted.)
Currently, a grocery store, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers (store) is required to collect a fee for each carryout bag the store provides to a customer. The store must remit a portion of that fee to the municipality or county (local government) in which the store is located. When the local government has not established a process to accept the remitted fees, the act requires the store to retain and use the portion of the fee that would otherwise be remitted to a local government: For any recycling, composting, or other waste diversion programs and related outreach and education activities; and To purchase reusable bags. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
The act defines "family time," changes the term "visitation" to "family time" in various places in statute, creates new requirements for dependency and neglect court proceedings, and requires the task force on high-quality family time (task force) to commission and evaluate a state study on family time. On and after January 1, 2024, the act: Requires county departments of human or social services (county departments) to encourage maximum family time; Allows the court and the state department of human services (department) to rely on community resources, foster parents, or relatives to provide transportation or supervision for family time; Creates a presumption that supervised family time is supervised by relatives, kin, foster parents, or other supports (supports) and occurs in the community. This presumption can be rebutted if the health or safety of the child is at risk or if these supports are unavailable or unwilling to provide supervision. Limits the court's ability to restrict or deny family time to situations in which the child's safety or mental, physical, or emotional health is at risk; Requires the court to order family time in the least restrictive setting; Requires county departments to provide information to the court about proposed family time and participation in family time; Prohibits the court or county departments from limiting family time as a sanction for a parent's failure to comply with court-ordered treatment plans so long as the child's safety or mental, physical, or emotional health is not at risk; Prohibits the court, county departments, parents, or supports from limiting family time as a sanction for the child's behavior or as an incentive to improve the child's behavior; Requires the court and county departments to consider parents' and childrens' preferences when determining supervision, location, and timing of family time; States that a person's inclusion in family time does not confer rights not otherwise granted by law; and Gives the state board of human services the authority to promulgate rules to implement the provisions. The act appropriates $142,000 from the general fund to the judicial department for use by the office of the respondent parents' counsel for personal services and $13,879 from the general fund to the department for use by the division of child welfare for Colorado TRAILS. The act also anticipates an appropriation of $7,473 in federal funds for use by the division of child welfare. APPROVED by Governor June 1, 2023 PORTIONS EFFECTIVE June 1, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
Under current law, the department of human services (state department) is tasked with administering the Colorado refugee services program. Effective October 1, 2024, the act transfers the rights, powers, duties, and functions related to the administration of the Colorado refugee services program to the Colorado office of new Americans (ONA) in the department of labor and employment. However, if the federal department of health and human services does not transfer contracts with the state department that are open as of October 1, 2024, the state department will continue administering those contracts until the end of the contract period or when all funds are liquidated, whichever occurs first. Additionally, the act: Adjusts the timeline under the immigration legal assistance fund for awarding grants and reporting to the general assembly; and Authorizes the department of revenue to share pertinent tax information with the ONA or a third-party administrator as necessary for purposes of administering the benefit recovery fund. For the 2023-24 state fiscal year, the act appropriates $36,523 from the general fund to the department of labor and employment (department) for allocation to the ONA to implement the act. Additionally, the act specifies that, for the 2023-24 state fiscal year, the department anticipates receiving $250,000 in federal funds for the ONA to implement the act. APPROVED by Governor June 1, 2023 EFFECTIVE October 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards. Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including: Showerheads, urinals, water closets, and certain faucets; Certain lamps; Commercial hot food holding cabinets; Portable electric spas; Residential ventilating fans; and Spray sprinkler bodies. Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including: Air purifiers; Commercial ovens; Electric storage water heaters; Electric vehicle supply equipment; Gas fireplaces; Irrigation controllers; Tub spout diverters and showerhead tub spout diverter combinations; Certain residential windows, residential doors, and residential skylights; and Thermostats. Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies. Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met. Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation. Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp. Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means. Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals. Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund. For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows: $5,848 for use by the division of environmental health and sustainability for administration and support; and $43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department. 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.)
Current law requires the court to sentence a person convicted of 2 or more separate crimes of violence arising out of the same incident so that the person's sentences are served consecutively rather than concurrently. For offenses committed on or after July 1, 2023, the act allows a person to petition the court for a modification of the consecutive sentences imposed after at least 2 calendar years but no more than 5 calendar years after the final judgment of conviction or sentence is entered. The court may modify the terms of the sentence if the court finds substantial mitigating factors surrounding the case and if the person has demonstrated substantial actions toward rehabilitation as evidenced by engagement in positive programming; assigned work; treatment, when available; and behavior that is compliant with the rules of the facility or facilities where the person is or was placed. The act allows the court to sentence the defendant to concurrent sentences for 2 or more crimes of violence arising from the same incident when: The parties agreed to waive ineligibility for concurrent sentences; or The following factors are proven by a preponderance of the evidence by the defendant or stipulated by the parties at the sentencing hearing: The defendant has no prior felony convictions for a victim rights offense; and The defendant did not use or possess a firearm or explosive in the commission of the offense or threaten the use of a firearm or explosive during the commission of the offense; and The defendant's action did not result in serious bodily injury or death. For offenses committed on or after July 1, 2023, a defendant convicted and sentenced as an habitual offender who has been sentenced to 24 years or more and has served at least 10 calendar years of the sentence is allowed to petition the court for a modification of that sentence and any other habitual sentence. The defendant has the burden of demonstrating, by a preponderance of the evidence, that there are substantial mitigating factors regarding the circumstances of the offense or offenses or mitigating factors regarding the circumstances of the defendant at the time of conviction; that the defendant has demonstrated positive, engaged, and productive behavior in the department of corrections; and that the defendant does not currently present a risk to the community at large. If the court determines that a modification of sentence is justified, the court may resentence the defendant to a term of at least the midpoint in the aggravated range for the class of felony for which the defendant was convicted, up to a term less than the current sentence. APPROVED by Governor June 1, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
The act clarifies the school expulsion hearing (hearing) process, including the following: A school district has the burden of proving by a preponderance of the evidence that a student violated state law and the school district's policy; A school district is required to provide all supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least 2 business days in which school is in session prior to the hearing; and Hearing officers are required to consider specific factors at the conclusion of a hearing including the age of the student, disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention could properly address the violation. A hearing officer must not have a conflict of interest with a student under consideration for expulsion or denial of admission or any alleged victim. A school district must ensure that hearing officers receive training on how to serve impartially. The act requires the department of education (department), on or before June 30, 2024, to create and maintain the online training program for expulsion hearing officers. Beginning January 1, 2025, hearing officers are required to complete initial and ongoing training. The training program must include information on: Child and adolescent brain development; Restorative justice; Alternatives to expulsion; Trauma-informed practices; Conflict and bias in discipline, suspension, and expulsion; and The requirements and implementation of applicable federal and state laws. School districts, district charter schools authorized to expel or suspend students, or the state charter school institute may develop and provide their own training program to hearing officers and school administrators that meets or exceeds the requirements of the department's training program. The act requires the board of education of each school district to adopt a policy that a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment. The act clarifies the judicial proceedings process available to a student or the student's parents, guardians, or legal custodians to set aside the school district board of education's decision to expel or deny admission to the student. The act appropriates $162,720 from the general fund to the department for hearing officer training and support. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
