The act creates the task force on the rights of Coloradans with disabilities (task force) in the Colorado civil rights commission. The task force shall create a minimum of 4 subcommittees to study and make recommendations on specific issues related to persons with disabilities: The rewrite subcommittee, which must study and make recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities; The outdoors subcommittee, which must study and make recommendations related to the basic accessibility of outdoor spaces for persons with disabilities; The housing subcommittee, which must study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities; and The government subcommittee, which must focus on basic physical and programmatic accessibility within state and local government. Minimum mandatory membership and reporting requirements are outlined for the task force and each subcommittee. The task force shall produce a final report, including recommendations, to submit to the governor and general assembly on or before January 30, 2025. For the 2023-24 state fiscal year, the act appropriates $289,568 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
The act prohibits a licensed physician or physician assistant; licensed medical resident, intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing, and prohibits a licensed health-care facility from permitting a licensee, student, or trainee to perform, an intimate examination on a sedated or unconscious patient unless the patient has given specific informed consent to an intimate examination. Additionally, a student or trainee may perform an intimate examination on a sedated or unconscious patient for educational or training purposes only if: The examination is related to the planned procedure to be performed on the patient; The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and The student or trainee is under the direct supervision of the supervising licensee. The informed consent requirement does not apply in an emergency situation in which an intimate examination on a sedated or unconscious patient is medically necessary for the life or well-being of the patient or if the licensee has previously obtained the patient's consent to health care that includes an intimate examination about which the patient has been informed. The act outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the act, or retaliating against a person who complains about a violation of the act, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility that fails to comply with the requirements of the act is subject to sanctions imposed by the department of public health and environment. Additionally, a patient who is subjected to an intimate examination in violation of the requirements of the act may file a civil action for damages, which action is not a medical malpractice action, and the statutory cap on noneconomic damages in civil actions applies to an award to a patient for noneconomic damages. For the 2023-24 state fiscal year, the act appropriates $32,915 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The "Colorado Loans for Increasing Main Street Business Economic Recovery Act" (CLIMBER Act) provides small business recovery loans to Colorado businesses affected by the COVID-19 pandemic. In 2022, the general assembly amended the CLIMBER Act by requiring that the determination as to whether a business has sufficient financial viability to be an "eligible borrower" be based on the business's current financial condition rather than, as had been the case, the business's financial condition as of February 29, 2020, but in doing so failed to delete all the obsolete statutory references to "February 29, 2020". The act corrects that omission by deleting the remaining obsolete reference to "February 29, 2020,". APPROVED by Governor May 24, 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 creates the accountability, accreditation, student performance, and resource inequity task force (task force) to study academic opportunities, inequities, promising practices in schools, and improvements to the accountability and accreditation system. The act requires the speaker and minority leader of the house of representatives, the president and minority leader of the senate, the governor, and the department of education (department) to appoint members to the task force no later than July 1, 2023. The task force consists of 26 members, including members who represent statewide education organizations, the department, the state board of education (state board), school district board of education members, charter schools, superintendents, principals, and teachers. The act requires the department to enter into a contract with a facilitator to guide the work of the task force no later than August 15, 2023. The act requires the department to enter into a contract with a third party to draft an interim report and final report. The task force is required to submit an interim report by March 1, 2024, and a final report by November 15, 2024, reflecting its findings and recommendations to the education committees of the house of representatives and senate, the governor, the state board, the commissioner of education, and the department. The act appropriates $300,709 from the general fund to the department to implement the task force. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)
The act establishes an annual jury appreciation day on September 5 of each year. The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by adding annual jury appreciation day. APPROVED by Governor May 24, 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 secretary of state to refer a ballot issue to voters at the November 2023 election. Most of the act only becomes effective if the voters approve the ballot issue. Beginning with the 2023 property tax year, the act establishes a limit on specified property tax revenue for local governments, excluding those that are home rule and school districts, that is equal to inflation above the property tax revenue from the prior property tax year (limit). A local government may establish a temporary property tax credit up to the number of mills necessary to prevent the local government's property tax revenue from exceeding the limit. Alternatively, the governing board may approve a mill levy that would cause the local government to exceed the limit if the governing board approves the mill levy at a public meeting that meets certain criteria. The act temporarily reduces the valuation for assessment (valuation) for certain subclasses of nonresidential and residential property for the property tax years 2023 through 2032 and creates the new subclass of renewable energy agricultural land, which is a subclass of nonresidential property. The act also establishes the residential real property subclasses of primary residence real property and qualified-senior primary residence real property and establishes administrative procedures related to the classification that are based on the procedures for the homestead exemption, with those procedures expanded to treat civil union partners like spouses. Several property tax deadlines for the 2023 property tax year are delayed because of the possible valuation reductions that are contingent on the 2023 ballot. County assessors are required to provide information to taxpayers about the new valuations for assessment and the application process for primary residence real property and qualified-senior primary residence real property. The act modifies an existing mechanism designed to reimburse local governmental entities for property tax revenue reductions by extending the backfill through 2032, incorporating the lost revenue due to the act, clarifying how the reimbursement is determined, excluding local governmental entities that have a certain amount of growth in assessed value, capping the total amount of state backfill, and eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year. If the voters approve the referred ballot issue, which the act requires to be called "proposition HH", then the state will be authorized to retain and spend revenues up to the proposition HH cap, the amount of which is determined under the act. The ability of the general assembly to continue retaining and spending this money after the fiscal year 2031-32 is contingent on the general assembly enacting future valuation reductions. The amount retained under this authority is first used in the following fiscal year to backfill certain local governments for the reduced property tax revenue as a result of the property tax changes in the act and Senate Bill 22-238 "Concerning reductions in real property taxation for only the 2023 and 2024 property tax years" and then up to $20 million for the amount of property taxes that are paid as a portion of a tenant's rent. Any remaining amounts are transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 NOTE: The act takes effect only if a majority of voters approve the ballot issue referred in accordance with section 24-77-202, and in which case the act takes effect on the date of the official declaration of the vote thereon by the governor; except that, section 3; section 39-1-104.2 (3.7); section 39-3-210 (1)(a.3), (1)(e), and (2.5); section 18; section 23; and section 24 of the act take effect upon passage. (Note: This summary applies to this bill as enacted.)
Section 1 of the act repeals the statute that: Creates in each region of the division of youth services a community board to promote transparency and community involvement in division of youth services' facilities within the region, provide opportunities for youth to build positive relationships with adult role models, and promote youth involvement within the community; and Specifies the number, manner of appointment, and required qualifications of community board members and meeting requirements for a community board. Section 2 modifies the process for the resolution of grievances filed against county departments of human and social services (county department) concerning the conduct of county department personnel in the performance of their duties relating to children who may be neglected or dependent by: Repealing the requirement that a citizen review panel be created consisting of citizens who are representative of the community, have demonstrable personal or professional knowledge and experience with children, and are not employees or agents of the department of human services (state department) or any county department; Requiring referral of grievances that are currently referred to a citizen review panel to instead be referred to the office of the child protection ombudsman (child ombudsman) for review; Repealing grievance review processes and requirements relating to citizen review panels; Requiring each county department to post information about the grievance process on its public website or otherwise provide information concerning the grievance process to individuals involved in the county child welfare system; and Clarifying that the grievance resolution process allows a person who wishes to file a grievance to do so directly to the child ombudsman. Section 3 specifies that if fewer than all the 17 members of the law enforcement community services grant program committee created in the division of local government of the department of local affairs (department) provided for by statute are appointed as of June 30, 2023, the executive director of the department shall determine the number of members of the committee; except that the committee must consist of at least 9 members. Sections 4 through 14 clarify existing provisions relating to compensation and reimbursement of expenses for members of specific boards and commissions that focus on functions related to human and social services. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)
The act specifies that when a property tax assessor values real property, the property tax assessor shall consider: The current use; Existing zoning and other governmental land use or environmental regulations and restrictions; Multi-year leases or other contractual arrangements affecting the use of or income from real property; Easements and reservations of record; and Covenants, conditions, and restrictions of record. Beginning January 1, 2024, the act requires counties with a population greater than 300,000 to use an alternative procedure to determine objections and protests of property tax valuations in any year of general reassessment of real property that is valued biennially. At the request of a taxpayer, the law requires a property tax assessor to provide the taxpayer with certain data that the assessor used to determine the value of the taxpayer's property. The act clarifies that the data the assessor is required to provide must include the primary method and rates the assessor used to value the property. APPROVED by Governor May 24, 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 protects an individual applying for licensure, certification, or registration in a profession or occupation in Colorado (applicant), as well as a professional who is currently licensed, certified, or registered in a profession or occupation in Colorado (licensee), from having the license, certification, or registration denied to the applicant, or from discipline being imposed against the licensee, based solely on: A civil or criminal judgment against the applicant or licensee regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying actions were lawful and consistent with professional conduct and standards of care within Colorado and did not otherwise violate Colorado law; or Previous professional disciplinary action concerning an applicant's or a licensee's professional licensure in this or any other state or United States territory, if the professional disciplinary action was based solely on the applicant's or licensee's consumption, possession, cultivation, or processing of marijuana and the applicant or licensee did not otherwise violate Colorado law. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)
If the state exceeds its fiscal year spending limit, it is required to refund the excess state revenues (TABOR refund). The act changes the way the state will distribute a TABOR refund for the 2022-23 state fiscal year. Currently, there are 3 different methods to effectuate a TABOR refund: A reimbursement to counties for property tax revenue reductions as a result of the senior and veteran property tax exemption; A reimbursement to counties for reductions in property tax revenues due to reductions in valuation for assessment; and A six-tier sales tax refund for individual taxpayers under which refunds increase, based on the tiers, as a taxpayer's income increases. The act creates a new temporary refund mechanism (temporary TABOR refund), which is contingent on the voters approving proposition HH at the November 7, 2023, statewide election, that replaces the sales tax refund mechanism for the 2022-23 state fiscal year. Under this mechanism, each qualified individual is eligible to receive an identical refund payment from the remaining excess state revenues from all sources after refunds are made through the county reimbursement mechanisms (remaining excess state revenues). A qualified individual filing a single return is entitled to one temporary TABOR refund, and 2 qualified individuals filing a joint return are entitled to 2 temporary TABOR refunds. APPROVED by Governor May 24, 2023 PORTIONS EFFECTIVE May 24, 2023 PORTIONS EFFECTIVE January 1, 2024 NOTE: Section 2 of the act states that section 1 of the act takes effect only if, at the November 2023 statewide election, a majority of voters approve the ballot issue submitted for their approval or rejection pursuant to section 24-77-202, C.R.S., as enacted by Senate Bill 23-303 and that if the voters at the November 2023 statewide election approve the ballot issue, then section 1 of this act takes effect on the later of January 1, 2024, or the date of the official declaration of the vote thereon by the governor. (Note: This summary applies to this bill as enacted.)
Effective January 1, 2024, the act requires each newly constructed building and each building with qualifying restroom renovations that is wholly or partly owned by a state department, state agency, state institution of higher education, county, city and county, or municipality (public entity) to: Provide a non-gendered restroom facility or a multi-stall non-gendered facility on each floor where restrooms are available in a newly constructed building and wherever a restroom is accessible to the public in a building in which a restroom is being renovated; Ensure that all single-stall restrooms are not gender specific restrooms; Allow for the use of multi-stall restrooms by any gender if certain facility features are met under the International Plumbing Code and the Colorado Fuel Gas Code; Provide at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a public restroom in a newly constructed building and wherever a restroom is accessible to the public in a building in which a restroom is being renovated, in each gender-specific restroom if only gender-specific restrooms are available, and in each non-gendered single-stall or multi-stall restroom or provide such a changing station in an easily accessible location with equivalent privacy and amenities as a restroom; Ensure that each baby diaper changing station is cleaned with the same frequency as the restroom in which it is located, or restrooms on the same floor or in the space if it is not within a restroom, and maintained, repaired, and replaced as necessary to ensure safety and ease of use. Beginning July 1, 2024, but no later than July 1, 2026, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned by the public entity complies with the following signage requirements, subject to available appropriations: Include signage indicating the presence of a baby diaper changing station with a pictogram that is void of gender in all restrooms with baby diaper changing stations, include signage with a pictogram void of gender in all non-gendered restrooms, and include signage with a pictogram void of gender in all single-stalled restrooms; and Indicate in the central building directory, if such a directory exists, the location of any baby diaper changing station and of any non-gendered restroom with a pictogram void of gender. The act requires the department of personnel to complete a survey that determines the number and locations of signs needed to comply with the act signage requirements and requires the survey be provided to the general assembly and the capital development committee. The requirements of the act pertaining to baby diaper changing stations and providing a non-gendered single-stall restroom or a non-gendered multi-stall restroom in specified locations do not apply: To the extent that compliance with a requirement would result in failure to comply with applicable building standards governing the right of access for individuals with disabilities; To a project that has already progressed through the design review process, budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of the effective date of the act, or to a building designated as a certified historic structure. Beginning on July 1, 2025, the act requires a building that is wholly or partially owned by a public entity that is a newly constructed building that is accessible to employees or enrolled students, or a building undergoing a qualifying restroom renovation to: Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom; Ensure that any single-stall restroom is not a gender-specific restroom; and Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the International Plumbing Code or the Colorado Fuel Gas Code as adopted by the state plumbing board. The act clarifies that an employee with a designated workplace in a public building may undertake the complaint process for alleged discriminatory or unfair practices including the failure to comply with providing the required amenities to all genders, as required, with the Colorado civil rights division charged with the enforcement of the Colorado anti-discrimination act. For the 2023-24 state fiscal year, $450,000 is appropriated from the general fund to the department of personnel for use by the office of the state architect. To implement the act, the office may use $400,000 for statewide planning services and $50,000 for a restroom survey of state-owned buildings. APPROVED by Governor May 24, 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 creates the HOA homeowners' rights task force (HOA task force) and the metropolitan district homeowners' rights task force (metro district task force) in the division of real estate (division) in the department of regulatory agencies (department). The director of the division or the director's designee serves as the chair of both task forces. Members of the HOA task force must be designated or appointed on or before August 1, 2023. The HOA task force is required to: Study issues confronting HOA homeowners' rights, including homeowners' associations' fining authority and practices, foreclosure practices, communications with homeowners, and the availability and method of making certain documents available to HOA homeowners in the association; Review HOA homeowners' complaints and relevant state and federal laws related to common interest communities; Review a representative sample of governing documents, governance policies, financial information, and collections and legal activities; and Develop initial findings and conclusions, including legislative recommendations, and, on or before April 15, 2024, prepare a final report. The department must publish the initial findings and conclusions and final report on its website. The HOA task force must submit copies of the final report to the metro district task force, certain legislative committees, and the governor. Members of the metro district task force must be designated or appointed on or before November 1, 2023. The metro district task force is required to: Study issues confronting metropolitan district homeowners' rights, including metropolitan district boards' tax levying authority and practices, foreclosure practices, communications with homeowners, governance policies, and the process by which a metropolitan district could transition into a common interest community; and On or before March 1, 2024, prepare an interim report and, on or before June 15, 2024, a final report regarding its findings and conclusions, publish the reports on the department's website, and submit copies of the reports to certain legislative committees and the governor. For state fiscal year 2023-24, the act appropriates $208,408 from the general fund to the department for use by the division to implement the act and $1,887 from the general fund to the legislative department for use by the general assembly for legislator per diem and travel reimbursement expenses. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)
