The act clarifies the procedures for emergency and nonemergency continuing placement of a child or youth that a county department of human or social services (county department) or a local law enforcement agency (law enforcement) with custody of the child or youth shall follow before making the emergency or nonemergency continuing placement of a child or youth with a relative or kin. For emergency placements, the county department or law enforcement shall perform an initial criminal history record check (initial check) on the relative or kin and any adult who resides at the home (adults) using Colorado and federal databases. If the initial check reveals certain criminal convictions, the county department or law enforcement shall not place the child or youth in that home on an emergency basis. If the initial check does not reflect certain criminal convictions on the part of the adults, the child or youth may be placed in the home on an emergency basis. If the child or youth has been placed with a relative or kin on an emergency basis, the adults shall, no more than 14 days after the placement, submit a complete set of fingerprints to the county department or another designated third party to conduct a state and national fingerprint-based criminal history record check. If the results of the fingerprint-based criminal history record check reveal a felony conviction, the child or youth must be immediately removed from the placement unless there is a motion regarding placement pending before the court. A court may review the placement and affirm or deny placement of the child or youth with the relative or kin. The act sets forth the criminal offenses or other matters that qualify for the denial of placement of a child or youth with the relative or kin. A county department may make a placement with a relative or kin who would otherwise be disqualified if such placement conforms with rules promulgated by the state board of human services or if a court affirms the placement. The state board of human services is granted authority to promulgate rules concerning emergency and nonemergency, continuing placement of children and youth with relatives or kin. APPROVED by Governor March 17, 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.)
Public notice for bids on special district construction contracts is currently required when the contract cost is $60,000 or more. The act increases the notice threshold to $120,000 or more and requires the amount to be adjusted for inflation every 5 years. APPROVED by Governor March 17, 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.)
During disaster emergencies, the state uses incident management teams to provide on-scene incident management support during incidents or events that exceed a local jurisdiction's capability or capacity. Some of these incident management teams are staffed by civil defense workers. Under current law, certain civil defense workers are not eligible to be compensated for their response. The act removes this limitation and allows those civil defense workers to be compensated for their response. APPROVED by Governor March 17, 2023 EFFECTIVE March 17, 2023 (Note: This summary applies to this bill as enacted.)
The act requires public and private higher education institutions to print Colorado and national crisis and suicide prevention contact information on student identification cards. If an institution does not use student identification cards, the act requires the school to distribute Colorado and national crisis and suicide prevention contact information to the student body each semester or trimester. APPROVED by Governor March 17, 2023 EFFECTIVE March 17, 2023 (Note: This summary applies to this bill as enacted.)
The act requires a motor vehicle driver to move to one lane apart from a stationary motor vehicle when the stationary motor vehicle has its hazard lights activated, 2 lanes move in the same direction, and the driver is able to move to the lane apart. If a driver cannot move to be one lane apart from the stationary motor vehicle, the driver must slow down and drive at a safe speed. APPROVED by Governor March 17, 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 removes a reference to the water resources and agriculture review committee (committee) being an interim committee and removes an outdated reference to past legislation in the legislative declaration. The act also removes limitations on the number of meetings and the number of field trips the committee may hold in a calendar year and requires the committee to meet at least 4 times during each calendar year. APPROVED by Governor March 10, 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 "Interstate Teacher Mobility Compact," which is designed to make it easier for teachers from member states, especially active military members and eligible military spouses, to receive a teacher's license from other member states. The compact becomes effective when 10 or more states enact it. APPROVED by Governor March 10, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Under current law, when an employer is going to hire a person to work in a position in which the person has contact with at-risk adults, the employer must perform a check of the system that contains substantiated claims of mistreatment against an at-risk adult (CAPS check). The bill requires a staffing agency that provides employees who will have contact with at-risk adults to perform a CAPS check and to provide the results to the employer. Under current law, disclosure of a report of mistreatment or neglect is generally only allowed with a court order. The bill clarifies a court order is not required when the report is disclosed for purposes of a guardian's appeal of a substantiated case of at-risk adult mistreatment. APPROVED by Governor March 10, 2023 EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
Currently, the division of veterans affairs (division) is authorized to accept gifts, grants, contributions, and donations to the western slope military veterans' cemetery fund but is not authorized to expend such gifts, grants, contributions, or donations. The act gives the division such authority to expend. Current law also allows certain programs housed within the department of public safety (department) to accept and expend gifts, grants, and donations for each program's specific purpose. However, the department does not have authority to accept or expend gifts, grants, or donations generally. The act authorizes the department to accept and expend gifts, grants, and donations for the purposes of the department and creates the department of public safety gifts, grants, and donations fund. The act does not affect existing programs within the department that are authorized to accept and expend gifts, grants, and donations for their specific purposes. APPROVED by Governor March 10, 2023 EFFECTIVE March 10, 2023 (Note: This summary applies to this bill as enacted.)
The act clarifies that a member of the Colorado National Guard or any other component of the military forces of the state who is an officer or employee of a public employer is entitled to a leave of absence from employment for training or active state military service for the equivalent of 3 weeks of work on the officer's or employee's regular work schedule each year. The officer or employee is entitled to use any paid leave available to the officer or employee or to use unpaid leave. The act clarifies that a member of the Colorado National Guard or the reserve forces of the United States who is an employee of a private employer is entitled to a leave of absence from employment in order to receive military training with the United States armed forces for the equivalent of 3 weeks of work on the employee's regular work schedule each year. The employee is entitled to use any paid leave available to the employee or to use unpaid leave for the employee's period of absence for military training. The act clarifies that a private employee is entitled to use any paid leave available to the employee or to use unpaid leave in order to engage in active service in the Colorado National Guard. The act repeals the requirement that a public employee or officer not be physically or mentally disabled in order to be reinstated to the employee or officer's public position following a leave of absence for active military service. APPROVED by Governor March 10, 2023 EFFECTIVE March 10, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense (eligible person). The act allows an eligible person to apply for postconviction DNA testing: To show a reasonable probability that the person would not have been convicted; or If evidence was previously available and tested and the evidence now can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results. The act permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution. The act allows a court to consider a subsequent petition with new or different grounds for relief if the petitioner establishes good cause or the interests of justice so require. If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The act requires the district attorney to notify the victim of the hearing at which the victim can appear. APPROVED by Governor March 10, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
The commercial property assessed clean energy program (C-PACE) is part of the new energy improvement program. C-PACE allows owners of eligible real property to apply to the Colorado new energy improvement district (district) to finance certain energy efficiency improvements. The act allows owners to also apply to the district to finance resiliency improvements and water efficiency improvements. Additionally, when the district approves a C-PACE application, an owner consents to the district levying a special assessment on an owner's eligible real property. Current law requires the district to notify district members and existing lienholders about the special assessment and the availability of a hearing to resolve any complaints or objections. After a hearing, current law further requires the district to pass a resolution resolving any complaints or objections. The act eliminates the requirements for the district to give notice about a hearing, conduct a hearing, and pass a resolution resolving complaints or objections. Instead of notifying district members and existing lienholders about the availability of a hearing, the act requires the district to send a notice of assessment, which specifies the amount of the special assessment to be levied on the eligible real property and explains that the special assessment constitutes a lien against the eligible real property. APPROVED by Governor March 8, 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.)
