Colorado Bills

The bill establishes that evidence that a person has engaged in an unfair or deceptive trade practice constitutes a significant impact to the public. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

In the "Construction Defect Action Reform Act" (act), Colorado law establishes procedures for bringing a lawsuit for a construction defect (claim). Section 2 Section 4 of the bill clarifies that a person that has had a claim brought on the person's behalf is also considered a claimant, and therefore, the act applies to the person for whom the claim is brought. Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy: The construction professional must notify the claimant and diligently make sure the remedial work is performed; and Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work. Currently, a claim may be held in abeyance if the parties have agreed to mediation. Section 3 also adds other forms of alternative dispute resolution for which the claim would be held in abeyance. Alternative dispute resolution is binding. If a settlement offer of a payment is made and accepted in a claim, the payment constitutes a settlement of the claim and the cause of action is deemed to have been released, and an offer of settlement is not admissible in any subsequent action or legal proceeding unless the proceeding is to enforce the settlement. To bring a claim or related action, section 4 section 2 requires a unit owners' association (association) to obtain the written consent of at least two-thirds 60% of the actual owners of the units in the common interest community. The consent must contain the currently required notices must be signed by each consenting owner, and must have certain attestations. Under the act, a claimant is barred from seeking damages for failing to comply with building codes or industry standards unless the failure results in: Actual damage to real or personal property; Actual loss of the use of real or personal property; Bodily injury or wrongful death; or A risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants. Section 5 requires the actual property damage to be the result of a building code violation and requires the risk of injury or death or the threat to life, health, or safety to be imminent and unreasonable. Section 3 changes the standard concerning the risk of bodily injury or death to a verifiable danger to the occupants and adds another option to bring a claim if the defect results in a failure or lack of capacity of a building component to perform the intended purpose of the building component. Under current law, an association may institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or 2 or more unit owners on matters affecting a common interest community. For a construction defect matter to affect a common interest community, section 7 requires that the matter concern real estate that is owned by the association or by all members of the association. Section 7 also establishes that, when an association makes a claim or takes legal action on behalf of unit owners when the matter does not concern real estate owned by the association: The association and each claim are subject to each defense, limitation, claim procedure, and alternative dispute resolution procedure that each unit owner would be subject to if the unit owner had brought the claim; and The association has a fiduciary duty to act in the best interest of each unit owner. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill defines an electronic extension of a physical driver's license, minor driver's license, instruction permit, or identification card issued by the department of revenue that is approved by the department as an "electronic identification credential". Under existing law, a driver must be in immediate possession of the driver's driver's license or instruction permit while driving. The bill allows a driver who is not in possession of the person's physical driver's license or permit to possess and present a digital an electronic identification credential that is an extension of a license or permit instead. Under existing law, it is a class A traffic infraction for a driver who is in possession of a driver's license, instruction permit, or identification card to refuse to provide that identification, upon request, to a peace officer who reasonably suspects the driver has violated a traffic law. The bill requires a person who has in the person's possession a digital driver's license or identification card (digital identification) an electronic identification credential to provide the digital identification electronic identification credential , upon request, to a peace officer who reasonably suspects the driver has violated a traffic law. The bill makes it a class 2 misdemeanor traffic offense to refuse to provide a driver's license, instruction permit, identification card, or digital identification to a peace officer. The bill removes the specified penalty and surcharge for the traffic infraction. The bill permits a driver who does not have the person's driver's or minor driver's license in the person's immediate possession to present to a requesting peace officer a digital driver's license or identification card as a form of personal identification. The bill requires a person who operates a motor vehicle who does not have the person's driver's or minor driver's license, instruction permit, or identification card, or an electronic identification credential that is an extension of the same (identification), or who has identification in the person's possession but refuses to present it to a peace officer, to provide personally identifying information to the peace officer upon request. Failure to provide identifying information to a peace officer by a driver is a class 2 misdemeanor traffic offense, and a peace officer shall not arrest a person for committing the offense. The bill takes effect March 31, 2025. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law uses the terminology "department of human services" and "department of social services" interchangeably when referring to the department of human services. The act updates the terminology to refer only to the "department of human services". Current law uses the terminology "county department of human services or social services", "county department of human services", and "county department of human or social services" interchangeably. The act updates the terminology to refer only to the "county department of human or social services". Current law uses the terminology "state board of social services" and "state board of human services" interchangeably when referring to the state board of human services. The act updates the terminology to refer only to the "state board of human services". APPROVED by Governor May 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The bill requires a law enforcement agency (agency) that receives an allegation of misconduct, criminal conduct, or other unprofessional conduct regarding a peace officer employed by the agency to investigate the allegation. If a peace officer receives an allegation of misconduct, criminal conduct, or other unprofessional conduct (misconduct) or is reasonably aware of the misconduct of another peace officer, the peace officer shall report the allegation to the subject of the allegation's employing agency. A peace officer who fails to make the report commits a class 2 misdemeanor. A person who makes an allegation has a private right of action if the allegation is not investigated. The bill clarifies that patterns and practices investigations may also be related to deprivation of rights by a peace officer against another peace officer. Current law requires agencies to report certain information regarding officers' misconduct to a database maintained by the P.O.S.T. board. The attorney general may audit the reports made to the database to verify reporting compliance. The bill requires the attorney general to accept reports of non-reporting to the database and requires those reports to be investigated within available resources. Current law requires unedited video and audio recordings of incidents of alleged misconduct to be released the public upon request. The bill states that a law enforcement agency shall not charge a fee to the requestor related to releasing the recording. Current law provides a peace officer with whistle-blower protection. The bill allows a peace officer who is subject to whistle-blower discipline a private right of action against the officer's employing agency. The bill requires each agency to retain all reports regarding allegations of misconduct and all investigation files, notes, and reports related to those reports. The bill also requires the investigating agency to provide a copy of the investigation file to the subject of the investigation after the investigation is completed. (Note: This summary applies to this bill as introduced.)

The act modifies existing warranty of habitability laws by clarifying actions that constitute a breach of the warranty of habitability (breach) and procedures for both landlords and tenants when a warranty of habitability claim (claim) is alleged by the tenant. Updates to existing warranty of habitability laws include: Establishing time frames for when a landlord must communicate with the tenant and commence remedial action after having notice of a condition related to the habitability of a residential premises; Requiring a landlord to perform conduct to address an uninhabitable condition until such condition is completely remedied or repaired; Establishing a rebuttable presumption that a landlord has failed the landlord's duty to remedy or repair a condition if the condition continues to exist either 7 or 14 days after the landlord has notice of the condition, depending on the condition at issue in the tenant's claim; Determining when a landlord is presumed to have notice of a condition; Requiring a landlord to provide a tenant with a comparable dwelling unit or hotel room for up to 60 days while the landlord addresses any uninhabitable conditions that materially interfere with the tenant's life, health, or safety; Requiring a landlord to maintain all records, including correspondence and other documentation, relevant to a tenant's claim and any remedial actions taken by the landlord; Requiring rental agreements entered into after January 1, 2025, to feature a statement in English and Spanish regarding where a tenant can report or deliver written notice of an unsafe or uninhabitable condition; Establishing procedures for when a landlord may enter the dwelling unit of a tenant to address an uninhabitable condition and identifying circumstances when a tenant may deny a landlord entry to the dwelling unit; Clarifying certain conditions or characteristics of residential premises that are considered uninhabitable; Establishing that there is a rebuttable presumption that certain conditions and characteristics of a residential premises materially interfere with a tenant's life, health, or safety; and Modifying and clarifying a tenant's option for remedies when bringing a claim against a landlord and modifying procedures for accessing those remedies. The act establishes legal standards and court procedures related to claims, including authorizing a tenant to raise a breach as an affirmative defense against a landlord's action for possession or action of collection against the tenant. The act also establishes legal standards and procedures for a landlord's defense to a claim and limitations on a tenant's claim. The act instructs the court in its calculation of actual and punitive damages for breach cases. The act prohibits retaliation and specifies what tenant actions are protected by the prohibition on retaliation and what actions constitute retaliation by the landlord. The act clarifies the jurisdiction of the attorney general and county and district courts over matters related to violations of the warranty of habitability. The act also modifies the statement included in a summons issued to a defendant in a court proceeding regarding an action for possession brought by a landlord. APPROVED by Governor May 3, 2024 EFFECTIVE May 3, 2024(Note: This summary applies to this bill as enacted.)

The act extends immunity from civil liability for damage or injury, other than that which arises from gross negligence or willful misconduct, to an individual, nonprofit organization, for-profit corporation, private organization, or other person (person) that voluntarily operates or arranges for the use of a helicopter, or assists as a helicopter crew member, during backcountry search and rescue operations (search and rescue operations), if the person: Arranges for the use of or operates, or assists as a crew member of, the helicopter on behalf of the governmental entity that is leading the search and rescue operation; Has an agreement with the governmental entity; Is, employs, or otherwise contracts with a pilot that is properly licensed to operate the helicopter; Is not compensated by the governmental entity for assisting in the search and rescue operation, other than reimbursement for actual expenses incurred; and Meets certain safety and training certifications and requirements. The act also establishes criteria that volunteer helicopter pilots and the helicopters used in search and rescue operations must satisfy in order for the volunteer helicopter owner or operator to qualify for immunity under the act. The act establishes the airspace deconfliction working group within the department of public safety. The working group consists of representatives from the department of public safety, the department of military and veterans affairs, and county sheriffs' offices. The working group must develop guidelines for airspace deconfliction when there could be multiple aircraft involved in a search and rescue operation. APPROVED by Governor May 3, 2024 EFFECTIVE May 3, 2024(Note: This summary applies to this bill as enacted.)

Current law creates the fourth-year innovation pilot program (pilot program) in the department of higher education (department) to disburse state funding to postsecondary education and training programs on behalf of low-income students who graduate early from a participating high school. The act limits pilot program participation to local education providers, groups of providers, and schools participating in the 2023-24 school year, but it does not cap the number of students who may receive postsecondary education scholarships through the pilot program. Current law requires the department to annually report to the department of education, the governor's office of state planning and budgeting, the joint budget committee, and the education committees of the general assembly certain information about the pilot program. The act adds a final evaluation component of the pilot program's data from each student cohort, the pilot program's outcomes and cost-effectiveness, and recommendations about any next steps beyond the pilot phase. APPROVED by Governor May 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Consumer Debt Default Judgments Act" (act), drafted by the uniform law commission. The act requires that for a default judgment to be entered on a claim for a consumer debt, certain information must be contained in the complaint or amended complaint, including language notifying the debtor of the debtor's rights and obligations.(Note: This summary applies to this bill as introduced.)

Section 1 of the bill defines a "repeat violator" as a person that, in a 3-year period, has committed 5 or more violations of certain air quality laws (repeat violator). Section 1 also defines a "high-priority repeat violator" as a repeat violator that, in a 3-year period, has committed 5 or more exceedances (emission exceedance) of the allowable emissions of an air pollutant in a permit (high-priority repeat violator). Section 2 requires the division of administration in the department of public health and environment (division), in the case of a violation by a repeat violator, to issue an order of compliance (order) for the violation instead of issuing a warning letter or compliance advisory or taking another informal action. The order must assess civil penalties and, in the case of a high-priority repeat violator, must require the high-priority repeat violator to conduct and submit to the division a root cause analysis for the violation, which must be submitted to the division within 90 days after the order. In connection with an order and in the case of a high-priority repeat violator, the division must require a reduction in emissions of any air pollutant applicable to an emission exceedance from any emission unit where a violation occurred in accordance with certain standards. Section 2 also clarifies that the division may assess civil penalties for air quality violations without instituting an action in district court. Section 2 also allows a person, with respect to air quality laws, to commence a civil action (action) against an alleged violator. A person shall not commence an action until at least 60 days after a notice has been provided to the executive director of the department of public health and environment, the director of the division, and the alleged violator. Except for violations of an ongoing or recurring nature, any action that is not commenced within 5 years after the discovery of the alleged violation is time barred. Section 2 also requires the division, on or before February 1, 2025, and on or before each February 1 thereafter, to prepare and post on the division's website an air quality enforcement report, which must contain certain air quality enforcement information from the previous calendar year. Section 3 requires that: In the case of a repeat violator, the division or a district court assess a civil penalty that is at least 50% of the maximum civil penalty applicable to the violation under applicable state air quality laws; and In the case of a violation by a repeat violator in a disproportionately impacted community, the division or a district court assess a civil penalty that is at least 75% of the maximum civil penalty applicable to the violation under applicable state air quality laws. On or before December 31, 2024, section 4 requires owners and operators of stationary sources to submit any reports or records that the owner or operator is required to create, maintain, or submit pursuant to federal or state law. The division must make any reports or records received available on the division's website within 30 days after receipt. Current law provides that a person that violates a local government's air quality regulations is subject to a maximum civil penalty of $300. Section 5 raises the maximum civil penalty to the amount provided by state air quality laws. Section 6 requires a district court, in a suit against a person that has violated a state law related to energy and carbon management, to award the initial complaining party any costs of litigation incurred by the initial complaining party if the court determines that the award is appropriate. Current law exempts damage awards from the state constitutional definition of "fiscal year spending", which counts toward the state's annual spending limit pursuant to state constitutional law. Section 7 adds civil penalties assessed by a state agency to the statutory definition of "damage awards".(Note: This summary applies to this bill as introduced.)

On or before December 31, 2028, the bill requires the air quality control commission (AQCC) in the department of public health and environment (department) to adopt by rule certain emission standards and requirements for in-use, off-road, diesel-fueled fleets. On or before December 31, 2025, the AQCC must adopt rules for controlling emissions from facilities, buildings, structures, installations, or real property that generates mobile source activity that results in emissions of air pollutants (indirect source) within the 8-hour ozone Denver metro/north front range nonattainment area (covered nonattainment area). The rules must include emission reduction targets for indirect sources to achieve and a process for the division of administration (division) in the department to review alternative approaches proposed by an owner or operator of an indirect source. The commission may establish a fee for indirect sources within the covered nonattainment area to cover the division's costs in implementing the rules. The bill also defines "ozone season" as the period beginning May 1 and ending September 30 of each year (ozone season). Beginning in the 2025 ozone season, and in each ozone season thereafter, any oil and gas preproduction activity within the covered nonattainment area must pause for the duration of the ozone season. On or before June 30, 2024, and on or before each June 30 thereafter, an oil and gas operator in the state is required to submit an oil and natural gas annual emission inventory report (inventory report) to the division that includes, for the previous calendar year, the emissions of certain air pollutants from oil and gas operations under the control of the oil and gas operator. On or before October 1, 2024, and on or before each October 1 thereafter, the division, in coordination with the energy and carbon management commission (ECMC), must prepare a report regarding the inventory reports received by the division for the previous calendar year and certain other information. On or before November 30, 2024, and on or before each November 30 thereafter, for the ozone season of the subsequent year, an oil and gas operator that controls oil and gas operations in the covered nonattainment area must submit a report to the division estimating emissions of nitrogen oxides from the oil and gas operator's operations in the covered nonattainment area (estimates). For the 2025 ozone season, and for each ozone season thereafter, the ECMC, in consultation with the division, must develop an ozone season nitrogen oxides emission budget (budget) for the emissions of nitrogen oxides by oil and gas operations in the covered nonattainment area, which budget must set certain maximum average emission levels of nitrogen oxides by oil and gas operations. On or before February 1, 2025, and on or before each February 1 thereafter, the division must prepare a nitrogen oxides report regarding the estimates received by the division for use by the ECMC in determining if the total estimates received exceed the budget for the ozone season of the current year. Beginning in February 2025, and in each February thereafter, the ECMC, in consultation with the division, must act to limit emissions of nitrogen oxides from oil and gas operations in the covered nonattainment area in a manner that prevents an exceedance of the current year's budget. The bill also requires the department of transportation to establish vehicle miles traveled reduction targets for the covered nonattainment area and to develop policies and programs to assist applicable metropolitan planning organizations in meeting the targets. (Note: This summary applies to this bill as introduced.)