Colorado Bills

The act amends certain requirements and procedures related to licenses and passes from the Colorado parks and wildlife commission (commission). The act lowers the age threshold for senior annual fishing licenses to 64 years of age and amends the definition of "low-income senior" for the purposes of discounted parks and wildlife licenses. The act also lowers the disability level threshold for veterans with disabilities from 60% to 50% disability for the purpose of granting licenses to disabled veterans. The act lowers the cost of the youth small game hunting license and the youth big game hunting license by 25 cents to account for the inclusion of the backcountry search and rescue fund surcharge that is added administratively by the commission when the licenses are purchased. The act clarifies that adjustments to the prices of certain hunting licenses are based on the cost of the licenses as established in 2018 and adjusted for inflation based on the consumer price index. The act authorizes the commission to establish, by rule, a harvest permit surcharge for the taking of small game when doing so is necessary for the proper management of wildlife resources. The act specifies that revenues generated from the sale of keep Colorado wild passes may be used for capital construction projects. The act establishes procedures for hearings conducted by the commission when a river outfitter license holder or applicant is alleged to have committed a violation and when the applicant or license holder may have their application or license denied, suspended, or revoked. The act authorizes a hearing officer to conduct hearings on behalf of the commission in relation to the denial, suspension, or revocation of a river outfitter license. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Current law declares a restriction in a land record unlawful if the restriction is based on race, color, religion, national origin, sex, familial status, disability, or other personal characteristics. The act enacts the "Uniform Unlawful Restrictions in Land Records Act (2023)", as drafted by the Uniform Law Commission, which establishes a process for a person to remove these unlawful restrictions from a title or other document related to real property. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Under current law, the department of revenue (department) administers, collects, and enforces the local sales or use tax that a statutory local government or a special district imposes and, if requested, administers, collects, and enforces any such tax that a home rule jurisdiction imposes. The statutes that govern the administration, collection, and enforcement of these local sales or use taxes are located in multiple titles of the Colorado Revised Statutes. The act revises, modernizes, and harmonizes the separate statutes that govern the state administration of local sales or use tax by creating new parts 2 and 3 in article 2 of title 29. In general, the act makes clear that the department collects, administers, and enforces a local government sales or use tax in the same manner as it collects, administers, and enforces the state sales tax. The act: Requires a statutory local government, special district, or requesting home rule jurisdiction that imposes a new sales or use tax, makes a change to its existing sales or use tax, or changes its geographical boundaries by ordinance, resolution, or election to provide the department written notice within specified deadlines and establishes the applicability dates for such events; Requires each statutory local government, special district, and requesting home rule jurisdiction to designate one or more liaisons to coordinate with the department regarding the collection of its sales or use tax; Establishes a dispute resolution process when the local sales or use tax that is administered, collected, and enforced by the department is paid erroneously to the state or to the wrong statutory local government, special district, or home rule jurisdiction; Makes clear that a vendor who uses the department's geographic information system (GIS) database to determine the jurisdictions to which statutory local government, special district, or requesting home rule jurisdiction tax is owed is held harmless for any tax, charge, or fee liability that would otherwise be due solely as a result of an error or omission in the GIS database data; Clarifies that a statutory local government, special district, or requesting home rule jurisdiction may allow a retailer that collects and remits its sales or use tax to retain a percentage of the amount remitted to cover the vendors' expenses in collecting and remitting the statutory local government, special district, or requesting home rule jurisdiction's sales or use tax, but specifies that the statutory local government, special district, or requesting home rule jurisdiction may not impose a limit on the amount retained; Modifies the relief available under the provisions for local dispute resolution for sales or use taxes asserted by the local government to reflect the availability of the department's GIS database for accurately sourcing sales; and Makes conforming amendments for the collection, administration, enforcement, and distribution of statutory local government, special district, and requesting home rule jurisdiction sales or use taxes. APPROVED by Governor May 1, 2024 EFFECTIVE July 1, 2025(Note: This summary applies to this bill as enacted.)

Current law creates a specialized program (program) for offenders who were sentenced to an adult prison for certain felony offenses committed while the offender was under 21 years of age. Current law permits an offender who successfully completes the program to apply to the governor for early parole, which the governor may grant under certain conditions. Current law requires the state board of parole to review the application, conduct a hearing, and make a recommendation to the governor concerning whether early parole should be granted. The bill removes the requirement for the governor's approval of an early parole application by an offender who completes the program and instead gives the parole board the authority to grant early parole.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act authorizes the state historical society, also known as history Colorado, to sell the real property that is referred to as its north storage property. History Colorado is required to credit the proceeds of the sale to the state museum cash fund to be used for moving, retrofitting, lease-related, and acquisition costs for a new storage facility that history Colorado will lease in the future or for controlled maintenance. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The bill adjusts aspects of the necessary document program (program) administered by the office of health equity in the department of public health and environment, which program assists certain populations of Colorado residents with paying the fees to acquire necessary documents. The bill clarifies that an individual who is eligible under the program may obtain necessary documents without charge at certain division of motor vehicles locations, vital statistics offices, or other governmental offices that offer vital statistics documents and establishes that an individual may self-attest to the individual's eligibility under the program. The bill does not change the identity verification requirements that may be required to obtain a necessary document. The bill also specifies that an individual who is eligible for the program is not subject to the fees charged by the department of revenue for driver's licenses or identification cards. (Note: This summary applies to this bill as introduced.)

Colorado law uses a defined phrase of "hemp product". The act changes terms in the marijuana statutes to conform to the current defined phrase. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act requires the state treasurer, on behalf of the state, to execute, no later than December 31, 2024, financed purchase of an asset or certificate of participation agreements (financing agreements) to finance capital costs related to the construction of facilities for 4 state institutions of higher education. The financing agreements are to be issued in an aggregate principal amount of up to $246,936,092 plus reasonable and necessary administrative, monitoring, and closing costs and interest, including capitalized interest. The anticipated annual state-funded payments for the principal and interest components due under the financing agreements must not exceed $17,500,000 with principal amortization not occurring before July 1, 2027. The proceeds from the financing agreements will be used for the following 4 capital projects: Construction of facilities for the university of northern Colorado's college of osteopathic medicine; Construction of a health institute tower for metropolitan state university of Denver; Construction of a veterinary health education complex for Colorado state university; and Renovation of Trinidad state college's valley campus main building to move nursing and allied health programs into the building, address deferred maintenance issues, and create an assembly space that will serve both the college and the community and a one-stop student services center to support career and technical education and allied health students. The act also requires a general fund transfer of $41,250,000 to the university of northern Colorado for deposit into an escrow account to be held in escrow in accordance with the requirements of the accrediting body of the college of osteopathic medicine. If the money in escrow, including interest, is released to the university of northern Colorado upon graduation of the first cohort from the college of osteopathic medicine, then the university shall provide notice of the release of escrow to the joint budget committee of the general assembly, to the state treasurer, and to the office of state planning and budgeting. Additionally, for the state fiscal year in which the escrow money is released, the amount that is to be paid to the university pursuant to its fee-for-service contract for that state fiscal year is reduced by the lesser of an amount equal to the amount of the escrow money or an amount equal to the amount of a portion of the escrow money that reduces the amount to be paid pursuant to the fee-for-service contract to zero. If the amount of the escrow money exceeds the amount due under such fee-for-service contract, then the amount the university of northern Colorado would otherwise receive from the college opportunity fund is reduced by an amount equal to the excess. If, after both reductions, there remains excess escrow money, then in the next state fiscal year the amount that is to be paid to the university of northern Colorado pursuant to its fee-for-service contract for that state fiscal year is reduced by an amount equal to the amount of the remaining escrow money. The university of northern Colorado must use the escrow money, or a portion of it, as applicable, for each applicable reduction as an offset for the reduction. If the escrow money is released for failure of the college of osteopathic medicine to complete accreditation, then the university of northern Colorado shall provide a report of this to the joint budget committee of the general assembly, to the state treasurer, and to the office of state planning and budgeting. For the period that the escrow money is held in escrow, the amount of unrestricted general fund year-end balances that must be retained as a reserve is reduced by $41,250,000. The appropriation to implement the act anticipates that the department of higher education will receive $246,936,092 in cash funds from the proceeds of the financing agreements and is anticipated to use the amount as follows: $127,542,028 for construction of the college of osteopathic medicine at the university of northern Colorado; $50,000,000 for construction of the health institute tower at metropolitan state university of Denver; $50,000,000 for construction of the veterinary health education complex at Colorado state university; and $19,394,064 for renovation of the valley campus main building at Trinidad state college. APPROVED by Governor May 1, 2024 EFFECTIVE May 1, 2024(Note: This summary applies to this bill as enacted.)

Section 1 of the bill adds disclaimers to the "Construction Defect Action Reform Act" that: Are not intended to impose an obligation upon construction professionals to provide an express or implied warranty; Apply to implied warranty claims; and Do not amend or change the terms of or limitation upon an express or implied warranty. The bill states that a construction professional is not vicariously liable for the acts or omissions of a licensed design professional for any construction defects. Under current law regarding common interest communities, a unit owners' association (association) must follow a process to obtain the approval of a majority of the unit owners before initiating a construction defect action (action). The approval process: Requires that a meeting be held to consider whether or not to bring the action (meeting); Requires the association to give the unit owners information about the proposed action and certain notices and disclosures before the meeting; Allows the association to amend or supplement the proposed action after the meeting; and Allows the association to omit nonresponsive votes from the total vote count, but allows construction professionals to challenge whether the association made diligent efforts to contact the nonresponsive unit owners. In connection with this process, section 2 : Requires the association to give notice to unit owners and reobtain unit owner approval to amend or supplement a proposed action after the meeting; Raises the number of unit owners who need to approve the action from a majority to a two-thirds majority; Requires a unit owner to sign the unit owner's vote; Requires the association to give the construction professionals a list of nonresponsive unit owners; and When unit owners' nonresponsiveness is challenged in court: Requires the court to stay the action against the construction professionals and requires the notification and voting process to be performed again unless the court holds that the association diligently contacted the unit owners; and Requires the association to disclose to the construction professionals all information relevant to the unit owners' nonresponsiveness within 21 days after the challenge has been filed.(Note: This summary applies to this bill as introduced.)

Currently, 12 Colorado counties, including Archuleta, Boulder, Chaffee, Clear Creek, Douglas, Eagle, El Paso, Gilpin, Gunnison, Jefferson, Ouray, and Summit (affected counties), require some form of wildfire mitigation in connection with the construction of a new residence but not with the sale of an respect to an existing residence. Because the affected counties are among the most at-risk counties for wildfires, section 2 of the bill requires the affected counties to leverage their existing wildfire mitigation expertise to establish a program for point-of-sale wildfire mitigation certification in connection with the sale of an existing residence located in the county. Likewise, the codes and standards for wildfire mitigation developed by the wildfire resiliency code board apply only to permitting and inspections for new construction or significant structural expansions or alterations. Section 1 of the bill authorizes counties to establish a program to require wildfire mitigation of existing residences and other structures in accordance with wildfire mitigation standards developed by the Insurance Institute for Business and Home Safety (IBHS), the Colorado state forest service (forest service), the wildfire resiliency code board, or other standards as determined by the county. Section 3 details the minimum requirements for a county point-of-sale wildfire mitigation certification program. The bill also specifies limitations on such programs and encourages counties to create and maintain a web-based clearing house of state and county-level technical assistance and funding resources. Section 3 also authorizes any county that is not an affected county and any municipality to establish by ordinance or regulation a program for a homeowner to obtain certification of compliance with the Colorado state forest service's phase one wildfire mitigation standards in connection with the sale of the homeowner's residence. Section 4 makes a conforming amendment to the existing Colorado state forest service web-based clearing house to require the inclusion of information to educate and assist homeowners in accessing resources to comply with the county point-of-sale programs established pursuant to section 3. Section 2 sets forth the requirements and limitations for a wildfire mitigation program for existing residences that an affected county, or any other county, may establish pursuant to its authority granted in section 1. A county may establish by ordinance or regulation a program to require wildfire mitigation of an existing residence or structure located in an area within the county that is subject to a building code that includes wildfire mitigation requirements in connection with the issuance of a residential building permit or certificate of occupancy in accordance with one or more of the following: IBHS wildfire mitigation standards; Zone one, zone 2, or zone 3 wildfire mitigation standards as set forth in the forest service's publication, "The Home Ignition Zone"; Wildfire resiliency code board wildfire mitigation standards; or Other standards as determined by the county. Such a program must include a written policy and procedure for a homeowner to seek a reasonable extension of a program deadline or an exemption from a program requirement on the basis of unforeseen or emergency circumstances or undue burden, as determined by the county. Section 2 also requires that each of the affected counties post on a public website a list of individuals and entities that perform wildfire mitigation services in the county, including contact information. The counties are also encouraged to include on the same website a copy of or link to: The IBHS's wildfire-prepared home program guide, or a successor publication; The forest service's publication, the "The Home Ignition Zone", or a successor publication; The wildfire resiliency code board's recommendations for wildfire mitigation, including recommendations set forth in codes, standards, or rules of the board; and County-specific technical assistance and funding resources for wildfire mitigation by homeowners. (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.)

For the state fiscal year beginning July 1, 2026, and for each state fiscal year thereafter through the state fiscal year beginning July 1, 2033, the bill allows a data center business or a data center operator (taxpayer) to claim a rebate for all state sales and use tax that the taxpayer paid for construction materials or data center equipment that is for the construction or operation of an eligible data center. To be eligible to claim a sales and use tax rebate, a taxpayer is required to obtain certification from the Colorado office of economic development (office) stating that the data center is an eligible data center and that the taxpayer may claim a rebate of state sales and use tax (certification). An "eligible data center" is defined as a data center that creates a specified number of jobs, generates a specified amount of revenue, and requires a specified amount of power. The sales and use tax rebate is allowed only for the sale, storage, or use of construction materials or data center equipment that occurs on or after the date that the taxpayer obtains certification from the office. When a taxpayer believes that the data center that will be identified in a sales and use tax rebate application satisfies the criteria to be an eligible data center, the taxpayer may apply to the office for the certification. The taxpayer must demonstrate in the certification application that the data center is an eligible data center, and the taxpayer is required to submit any documentation or proof that the office deems necessary to determine whether a data center satisfies the criteria to be an eligible data center. Before issuing a certification, the office shall provide the application to the Colorado economic development commission (commission) to determine whether the data center satisfies the criteria to be an eligible data center, and the commission shall approve or deny the certification. When approving an application for certification as an eligible data center, the commission may limit a certification by specifying that an eligible data center may claim a rebate only up to a specified dollar amount based on specified economic development priorities. The commission may issue certification for up to 3 data centers to claim a sales and use tax rebate in any fiscal year. If the commission determines that a data center satisfies the criteria to be an eligible data center, the office is required to notify the department of revenue (department) and issue a certification to the taxpayer. To claim a sales and use tax rebate, a taxpayer must submit a rebate application and a copy of the certification from the office to the department. A taxpayer is required to submit certain documentation with the application. The bill allows a taxpayer to assign a certification to specified types of parties after it is awarded. The bill requires the office and the department to prepare an annual report including information regarding eligible data centers and state sales and use tax rebates allowed. The office is required to submit the report to the finance committees of the house of representatives and senate. (Note: This summary applies to this bill as introduced.)