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signed · Colorado · House May 15, 2023

HB 23-1231: Math In Pre-kindergarten Through Twelfth Grade

The act requires the department of education (department), by January 2024, to offer free optional trainings in evidence-informed practices in mathematics, including a training specifically designed for elementary school educators and a training specifically designed for secondary school mathematics educators. Each training must include instruction on interventions for students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. Trainings must be available to relevant staff of school districts, related administrative units, district charter schools, institute charter schools, boards of cooperative services, and community-based organizations. School district boards of education and institute charter schools are strongly encouraged to adopt procedures for schools to provide support to students in pre-kindergarten through twelfth grade and their families to improve mathematics outcomes. Procedures may include: Identifying students who are below grade level or struggling in mathematics based on academic assessments; Notifying the parents, guardians, or legal custodians if a student is below grade level or struggling in mathematics; Providing parents, guardians, or legal custodians with a list of interventions and acceleration strategies to assist with mathematics at home, including a state-advisory list of curricula, referrals for tutoring, or other intervention opportunities, if applicable; Publishing mathematics curricula annually, including supplemental curricula or interventions; and Implementing train-the-trainer or train-the-parent framework plans to improve mathematics achievements for students. The act creates the Colorado academic accelerator grant program (grant program). The purpose of the grant program is to create community learning centers that: Provide opportunities for free academic enrichment and support, which must include tutorial services to help students meet rigorous academic standards and to increase proficiency in mathematics outcomes; and Offer families opportunities for engagement in students' education. Eligible entities that apply to the grant program are selected for a grant that runs for a period of 3 years. The department shall prioritize eligible entities that: Adopt intervention strategies; Use evidence-informed programs that build student skills in STEM and mathematics; Use digital math accelerator programs; Serve high-needs students, as determined by the department; Have an established presence and relationship in the community; and Demonstrate in the application how they will meet the needs of diverse student populations. The act requires school districts, public schools, the state charter school institute, and institute charter schools that are on an improvement plan, priority improvement plan, or a turnaround plan to identify strategies to address the needs of students who are below grade level or struggling in mathematics and set or revise, as appropriate, ambitious but attainable targets that the public school shall attain in reducing the number of students who are below grade level or struggling in mathematics to increase the number of students who achieve grade-level expectations in mathematics. The act adjusts the ninth-grade success grant program to prioritize applicants that propose programming focused on evidence-informed mathematics skills, acceleration strategies, and intervention strategies, including a focus on students who are below grade level or struggling in mathematics and have academic achievement levels in mathematics that are consistently ranked the lowest for public high schools in the state, as determined by the department. The act includes a requirement that candidates for an elementary education endorsement, a middle school mathematics endorsement, or a secondary mathematics endorsement be trained in evidence-informed practices in mathematics, including interventions to help students who are below grade level or struggling in mathematics, children with disabilities, and students who are English language learners. The act adds developmentally appropriate early numeracy to continuing professional development requirements for teachers employed by a preschool, and requires the department of early childhood to include developmentally appropriate early numeracy as a subject matter area in the resource bank of preschool curricula for use by preschool providers. The act appropriates $26,694,530 from the general fund to the department as follows: $594,530 for math educator training and improvement planning; $24,500,000 for the grant program; and $1,600,000 for the ninth-grade success grant program. APPROVED by Governor May 15, 2023 EFFECTIVE May 15, 2023 (Note: This summary applies to this bill as enacted.)
signed · Colorado · House May 15, 2023

HB 23-1155: Advisement During Custodial Interrogation

The act requires that, for a statement made during a custodial interrogation to be admissible against the defendant in a criminal proceeding, the defendant must be advised of the following prior to making the statement: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to consult a lawyer prior to questioning and have the lawyer present during questioning; If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you before any questioning if you request one; and You can stop the interview and request to remain silent or request a lawyer at any time before or during questioning. APPROVED by Governor May 15, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
Jennifer Bacon (D) Julie Gonzales (D) Mike Weissman (D)
signed · Colorado · Senate May 15, 2023

SB 23-087: Teacher Degree Apprenticeship Program

As an alternative route to teacher licensure, the act creates a teacher degree apprenticeship program (apprenticeship program). The apprenticeship program builds on elements of current alternative teacher licensure programs, including a bachelor's degree requirement, training programs approved by the state department of education (CDE), and structured on-the-job training. The apprenticeship program is run collaboratively with the United States department of labor office of apprenticeship (DOL office) and the state apprenticeship office (state office) and utilizes apprentice mentor teachers and teacher apprenticeship program sponsors (sponsor). The act allows CDE to issue a teacher apprenticeship authorization (authorization) to a person (apprentice) who is employed by a school district, board of cooperative services, charter school, or institute charter school (school) who is actively registered in an apprenticeship program, and who is actively enrolled in an affiliated bachelor's degree program from an accredited institution. The authorization is valid for 4 years while the apprentice completes the bachelor's degree requirement of the program. CDE may renew the authorization for up to 2 successive terms, in increments of 2 years, as necessary for the apprentice to fulfill the apprenticeship requirements. An authorization is invalid if the apprentice withdraws from any part of the apprenticeship program or fails to make satisfactory progress. Upon application from an entity with expertise in apprenticeship or teacher preparation, CDE shall authorize the entity to serve as a sponsor. Applications to serve as a sponsor must include a proposed work process schedule and related instruction plan required by the DOL office and state office. CDE shall review each application and approve or disapprove the sponsor. If approved, the sponsor may apply to CDE for approval of an apprenticeship program. An apprenticeship program must meet the following criteria: Be registered with the DOL office or state office; Incorporate a bachelor's degree program from an accredited institution in a related field of study relative to the licensure type; and Incorporate on-the-job training in meaningful and time-saving ways. Every 5 years after apprenticeship program approval, CDE shall consult with the DOL office or state office concerning the federally required audit of the apprenticeship program to ensure the apprenticeship program continues to meet requirements. The state board of education is authorized to promulgate rules for the implementation of the apprenticeship program. For the 2023-24 state fiscal year, $116,134 is appropriated from the general fund to the department of education. For the 2023-24 state fiscal year, $26,435 is appropriated to the department of law from reappropriated funds received from the department of education. The department of law may use this appropriation to provide legal services for the department of education. APPROVED by Governor May 15, 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.)
Cathy Kipp (D) Janice Marchman (D) Don Wilson (R) Mark Baisley (R)
signed · Colorado · Senate May 15, 2023

SB 23-287: Public School Finance

The act: Increases the statewide base per pupil funding for the 2023-24 budget year by $598.25, to account for inflation; Sets as the new statewide base per pupil funding amount $8,076.41 for the 2023-24 budget year; and Sets the target number for the 2023-24 budget year at not less than $9,101,600,922. The act repeals the budget stabilization factor, effective July 1, 2024. Current law includes a 5-year averaging provision, which determines a district's pupil count for each budget year by determining the greater of the funded pupil count for the applicable budget year or an average of one to 4 of the prior budget years. The act provides a similar averaging provision for the institute charter schools on a per-school basis. For the 2023-24 budget year, the act appropriates $30 million for distribution to large rural districts and small rural districts, including district charter schools and each institute charter school whose accounting district is a large or small rural district. Large rural districts receive 55% of the appropriation, and small rural districts receive 45% of the appropriation. The act uses the districts' funded pupil count for the 2022-23 budget year. For the 2023-24 budget year, a district's at-risk funding is the greater of the district's at-risk funding amount for the 2022-23 budget year or the 2023-24 budget year. The act amends eligibility criteria for the mill levy override match program to exclude an otherwise eligible school district from receiving a state-funded override mill match if the sum of the district's override mills is equal to or greater than the district's override mill capacity, as defined by statute. For the 2023-24 budget year, the act transfers $23,376,536 from the state education fund to the mill levy override match fund. For the 2023-24 budget year, the act appropriates $300,000 from the state education fund to the department of education (department) for the purpose of reimbursing schools for expenses related to replacing an American Indian mascot. For the 2023-24 budget year, the act appropriates $10 million from the state education fund to be distributed to preschool providers that are a school of a school district, a district charter school, or an institute charter school, subject to requirements. For the 2023-24 budget year, the act appropriates $1,058,115 from the state education fund to support universal screening to identify gifted children through second grade. The act specifies that for the purpose of any law, with certain exceptions, that applies to or exempts a public entity or a public official, a charter school has the same status as a school district, and certain persons affiliated with the charter school have the same status as a complementary counterpart in a school district. Furthermore, the act clarifies the application of certain laws to charter schools. The act permits the department, school districts, and institute charter schools to consider life-cycle costs when contracting for technology. Under current law, every 3 years, the department is required to prepare a report and evaluation on the successes or failures of charter schools, school reform efforts, and suggested changes to laws affecting charter schools. The act makes this an annual requirement starting in the 2023-24 budget year. Under current law, a new at-risk measure in the public school funding formula must be implemented in the 2023-24 budget year. The act extends the implementation of this requirement to the 2024-25 budget year and requires the department to conduct pre-implementation modeling and testing using the new at-risk measure and report modeling and testing findings to the education committees of the senate and house of representatives and the joint budget committee. The act creates a public school finance task force for the purpose of examining and making recommendations concerning school finance. The task force is required to submit a report to the education committees of the senate and house of representatives and the joint budget committee by January 31, 2024. Furthermore, the task force is required to set parameters to examine the adequacy of school finance in Colorado, and the department is required to contract with 2 independent entities to report their findings by January 3, 2025. For the 2023-24 budget year, the act appropriates $408,625 from the state education fund for administration related to the implementation of the task force. The act amends certain requirements for a charter school's application for financial assistance for public school capital construction. The act extends child nutrition school lunch protection program funding to be used to offset the costs incurred by a facility school in providing lunch to students who are placed in the facility and eligible to participate in the program. The act excludes the costs associated with providing for an independent evaluation from the 20% of the money appropriated to the Colorado imagination library program to be used by the contractor for operating costs. Starting in the 2024-25 budget year, the act creates a formula for the funding of mill levy equalization for all institute charter schools. For the 2023-24 budget year, the act appropriates: $2.5 million to the mill levy equalization fund from the general fund; $10 million to the department for state aid for charter school facilities; and $500,000 to the department for the purpose of translating individualized education program documents, contingent upon House Bill 23-1263 becoming law. Makes an appropriation made in section 25 of the act effective only if House Bill 23-1263 becomes law. APPROVED by Governor May 15, 2023 EFFECTIVE May 15, 2023 NOTE: House Bill 23-1263 became law, effective May 25, 2023. (Note: This summary applies to this bill as enacted.)
signed · Colorado · House May 15, 2023

HB 23-1303: Protect Against Insurers' Impairment And Insolvency

The act amends the priority of distribution of insurance claims paid from an insurer's estate in the event of the insurer's liquidation to include in the class 1 distribution priority payments that an impaired or insolvent insurer owes to the risk adjustment program that are necessary to prevent another insurer from becoming impaired or insolvent. This prioritization adjustment repeals on July 1, 2026. The act also amends the "Life and Health Insurance Protection Association Act" as follows: Adds health maintenance organizations (HMOs) as members of the association and subjects HMOs to assessments from the association; Allocates responsibility for long-term care insurance assessments between health insurance and life insurance association members; and Specifies that the "Life and Health Insurance Protection Association Act" does not provide coverage to a person that acquires rights to receive, or to a payee or beneficiary that transfers its rights in, a structured settlement factoring transaction, as defined in federal law, regardless of when the transaction occurred. APPROVED by Governor May 15, 2023 EFFECTIVE May 15, 2023 (Note: This summary applies to this bill as enacted.)
Chris Hansen (D) Dylan Roberts (D) Julie McCluskie (D) Kyle Brown (D)
signed · Colorado · Senate May 15, 2023

SB 23-039: Reduce Child And Incarcerated Parent Separation

The act requires the department of human services to promulgate rules that facilitate communication and family time between children and their parents who are incarcerated. The act requires the court to appoint counsel for a respondent parent who is incarcerated, unless the court determines the respondent is able to financially secure counsel or chooses to proceed without counsel. The act requires the court and the prison or jail where the parent is incarcerated to facilitate the parent's attendance and participation in proceedings for the parent's dependency and neglect case. Under current law, after an order of adjudication in a dependency and neglect case, the court holds a dispositional hearing. The act requires, except in instances when the proposed disposition is termination of the parent-child legal relationship, if a child's parent is incarcerated, that the county department of human services include information in the report that details the services and treatment available to a parent at the facility or jail where the parent is incarcerated. Under current law, the court may terminate the parent-child legal relationship based on statutorily created circumstances. The act eliminates the parent's incarceration and related conditions as a basis for terminating the parent-child relationship. Under current law, if the court finds that there is not a substantial probability that the child will be returned to a parent or legal guardian within 6 months and the child satisfies criteria for adoption, the court may require the county department of human services to show cause why it should not file a motion to terminate the parent-child legal relationship. The act states that such cause may exist if the parent is incarcerated, detained by the United States department of homeland security, or deported and has maintained a meaningful and safe relationship with the child while incarcerated, detained, or deported. If a child's parent is incarcerated and the parent has maintained a meaningful and safe relationship with the child while incarcerated, the court shall make findings regarding whether a permanent placement for the child exists that permits the parent to maintain a relationship with the child, including guardianship or allocation of parental responsibilities, giving primary consideration to the child's mental, physical, and emotional needs. The act requires the department of corrections to: Develop opportunities and promulgate policies to facilitate continued relationships between children and their parents who are incarcerated; Designate a family services coordinator, who is responsible for duties related to children and their parents who are incarcerated; and Create and submit an annual report to the judiciary committees of the senate and house of representatives concerning parents who are incarcerated, and make the report publicly available. The act requires each sheriff to designate one individual responsible for communicating between the jail and county department of human services concerning children subject to an open dependency and neglect case whose parents are incarcerated in the jail. For the 2023-24 state fiscal year, the act appropriates: $31,110 to the department of corrections from the general fund; $15,111 to the department of human services from the general fund, and assumes the department of human services will receive $4,481 in federal funds; and $7,425 to the judicial department from the general fund for use by the trial courts. APPROVED by Governor May 15, 2023 EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
Judy Amabile (D) Janet Buckner (D)
signed · Colorado · Senate May 12, 2023

SB 23-072: Sunset Defense Counsel First Appearance Program

The act continues the defense counsel on first appearance grant program until September 1, 2028, subject to sunset review by the department of regulatory agencies. For the 2023-24 fiscal year, the act appropriates $1,666,652 from the general fund to the department of local affairs for use by the division of local government. APPROVED by Governor May 12, 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.)
Matt Soper (R) Robert Rodriguez (D) Elisabeth Epps (D)
signed · Colorado · House May 12, 2023

HB 23-1075: Wildfire Evacuation And Clearance Time Modeling

The act requires the office of emergency management (office) to study the efficacy and feasibility of local or interjurisdictional emergency management agencies with jurisdiction in a wildfire risk area to integrate evacuation and clearance time modeling into the emergency management plans that such an agency is required to adopt for its area. The report must be completed on or before December 1, 2023, and the office must report the findings of the study to specific committees of the general assembly during the 2024 legislative session. For the 2023-24 state fiscal year, $45,000 is appropriated from the general fund to the department of public safety for program administration related to the office of emergency management. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
Junie Joseph (D) Tony Exum (D) Marc Snyder (D)
signed · Colorado · House May 12, 2023

HB 23-1273: Creation Of Wildfire Resilient Homes Grant Program

The act creates the wildfire resilient homes grant program (program) within the division of fire prevention and control (division). The program allows homeowners to apply to receive a grant for retrofitting or improving a house or other structure on the homeowner's property with strategies and technologies for structure hardening in order to make the house or structure more resilient to the risk of wildfire. The act also creates the wildfire resilient homes grant program cash fund (fund) for use by the division to award grants and to promote best practices for structure hardening, and on August 15, 2023, the state treasurer is required to transfer $100,000 from the general fund to the fund. The division is required to annually report to the wildfire matters review committee on expenditures made from the fund and grants that are awarded pursuant to the program. For the 2023-24 state fiscal year, $100,000 is appropriated from the wildfire resilient homes grant program cash fund to the division of fire prevention and control for the wildfire resilient homes grant program. APPROVED by Governor May 12, 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.)
Junie Joseph (D) Dylan Roberts (D) Marc Snyder (D)
signed · Colorado · Senate May 12, 2023

SB 23-220: Public School Capital Construction Assistance Grants

During the 2021 legislative session, the general assembly transferred $10 million from the general fund to the public school capital construction assistance fund (fund) and appropriated this money for air quality improvement grants for schools. Of the money transferred and appropriated for air quality improvement grants, $4,705,220 remains in the fund and has not been distributed. The appropriation for fiscal year 2021-22 has expired. The act specifies that the unspent money transferred and appropriated for air quality improvement grants must not be used for air quality improvement grants and instead must be used for financial assistance as provided in the "Building Excellent Schools Today Act". During the 2022 legislative session, the general assembly scheduled a transfer of $30 million from the marijuana tax cash fund to the fund for June 1, 2023. The act repeals this scheduled transfer before it occurs. For state fiscal year 2023-24, the act requires the public school capital construction assistance board (board) to allocate $49,705,220 from public school capital construction assistance board cash grants to be used for supplemental grants at schools experiencing capital construction project cost overruns as a result of COVID-19 inflationary pressure. The act changes the financial capacity factors for evaluating the match requirement for public school capital construction projects for school districts and boards of cooperative services. The new factors apply to grants awarded on or after September 1, 2023, and funded on or after July 1, 2024. The act transfers $15 million from the state education fund to the fund on June 1, 2023. $10 million in royalties and other payments for depletion or extraction of natural resources on state lands is credited to the fund for the 2022-23 state fiscal year. The act provides for a reduction of $294,780 in cash funds appropriated from the fund to the department of education for board cash grants in the 2023 long bill. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
signed · Colorado · Senate May 12, 2023

SB 23-013: Fire Investigations

The act directs the director of the division of fire prevention and control (division) within the department of public safety to report on the investigation of wildland fires in the state and creates the fire investigation fund to fund fire investigations. The money in the fund is subject to annual appropriation by the general assembly, and the division must prioritize money in the fund for wildland fire investigations. For the 2023-24 state fiscal year, $2,764,021 is appropriated to the fire investigation fund from the general fund and the money is reappropriated to the department of public safety for vehicle lease payments, personal services, operating expenses, and local fire investigation reimbursements. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
Tammy Story (D) Lisa Cutter (D) Joann Ginal (D)
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