The act amends the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" to: Require the landlord or the landlord's representative to attend up to 2 public meetings for residents of the park each year at the request of the residents; Clarify that a landlord is responsible for the cost of repairing any damage to a mobile home or lot that results from the landlord's failure to maintain the premises of the park; Clarify the triggering events that demonstrate a park owner's intent to sell a park for purposes of providing notice to home owners and the method for giving notice; Change the period in which a group or association of mobile home owners may make an offer to purchase the park from 90 to 180 days, and provide for tolling of that time period in certain circumstances; Provide a right of first refusal for a public entity that accepts an assignment of a group or association of mobile home owners' opportunity to purchase; Clarify the obligations of a landlord to provide notice to home owners concerning the terms and conditions of an offer to purchase the park that the landlord would accept and to negotiate in good faith with the home owners; Require a landlord who changes the use of the land comprising the park to compensate a mobile home owner who has not given notice to terminate the lease or rental agreement and who is displaced by the change in use for the reasonable costs of relocating the mobile home to a location within 100 miles of the park, the fair market value of the mobile home before the change in use, or in the amount of $7,500 for a single-section mobile home or $10,000 for a multi-section mobile home; Allow the department to enforce statutory provisions concerning the required notice of intent to sell or change the use of the land and the mobile home owners' opportunity to purchase by imposing a fine for a violation or filing for injunctive relief in district court; Allow the attorney general to investigate and enforce statutory provisions providing protections for mobile home owners; Clarify the procedures and penalties that apply when a party does not respond to a subpoena from the division; Allow the division to take immediate action in response to complaints or violations that will cause immediate harm to mobile home owners; Prohibit landlords from harassing or coercing mobile home owners in an effort to require a mobile owner to sign an agreement or to influence a decision by the home owner about an opportunity to purchase; Establish criteria for when a mobile home park rule or regulation that limits a home owner's right to control the use, appearance, and structure of a mobile home is enforceable; Prohibit a landlord from interfering with the mobile home owner's right to sell a mobile home to the buyer of his or her choice, except in limited circumstances; Establish record retention requirements for landlords; and Consolidate provisions concerning private rights of action for landlords, home owners, and residents, and establish penalties and remedies available in private actions.(Note: This summary applies to this bill as enacted.)
The act authorizes the state treasurer to stagger the terms of the state treasurer's 3 appointed members to the public school fund investment board (investment board), commencing with new appointments beginning on and after July 1, 2022, to ensure that no more than 2 members' terms expire in the same year. Beginning in the 2022-23 state fiscal year, the act reorganizes the distribution of interest or income earned on the investment of the money in the public school fund (fund) to: Pay first from the distribution the services of the investment consultant hired by the investment board; Credit next to the state public school fund, for distribution for school finance, all remaining interest and income, not to exceed $21 million dollars; and Credit next to the public school capital construction assistance fund all remaining interest and income, not to exceed $20 million dollars. The act creates a working group, convened by the state treasurer, to consider opportunities to improve the growth of the public school fund and its distributions for the intergenerational benefit of public schools. The act authorizes the state treasurer, after consulting with the investment board, to select the members of the working group, and the act specifies the issues the working group must study. Not later than February 28, 2023, the state treasurer shall report the findings and recommendations of the working group to the joint budget committee and to the education committees of the house of representatives and of the senate. The act modifies the time frame and clarifies the circumstances in which a realized investment loss to the fund may be offset by realized gains before the general assembly is required to appropriate money to cover losses to the fund. (Note: This summary applies to this bill as enacted.)
The act creates the transformational affordable housing revolving loan fund program (loan program) in the division of housing (division) in the department of local affairs (department) as a revolving loan program in accordance with the requirements of the act and the policies established by the division. The loan program provides flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in the act. The division may administer the loan program or, if it determines that it would be more efficient and effective to contract out full or partial administration of the loan program, the division may enter into a contract with a third-party entity to administer the loan program. Any loan made under the loan program by the state, any department, division, or agency of the state, or any administrator to a district, as defined in the TABOR amendment to the state constitution, must either be approved by the voters of the district in accordance with TABOR or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under TABOR. The act specifies eligibility requirements in order for projects to be funded under the loan program. The division is required to establish and publicize policies for the loan program. The division is encouraged to consider prioritizing applications for funding that satisfy certain objectives specified in the act. The transformational affordable housing revolving loan fund (fund) is created in the state treasury and the act specifies requirements pertaining to the administration of the fund. On July 1, 2022, the state treasurer is required to transfer $150 million from the affordable housing and home ownership cash fund to the fund. The division is required to report on the activities of the loan program as part of the regular annual public report prepared by the division on affordable housing spending undertaken by the state. For the 2022-23 state fiscal year, the act appropriates $379,081 to the office of the governor for use by the office of information technology (OIT). The appropriation is from reappropriated money from the fund. To implement the act, OIT may use the appropriation to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
The act creates the America 250 - Colorado 150 commission (commission) in History Colorado to develop programs and plan for the official observance of the 250th anniversary of the founding of the United States and the 150th anniversary of Colorado statehood. The commission is directed to develop and promote plans for activities between July 1, 2025, and December 31, 2026, including historical activities, publication of historical documents, public ceremonies, educational activities for Colorado youth, and other commemorative events, to be supported by comprehensive marketing and tourism campaigns. The commission is required to identify, celebrate, and build knowledge around the history of Black communities, Indigenous communities, communities of color, women, and people with disabilities. In addition, the commission is required to ensure that the activities planned by the commission represent the geographic and demographic diversity of the state, are accessible to people with disabilities, and are accessible to communities throughout the state on an equitable basis. The commission is also authorized to represent the state in official dealings with the United States semi-quincentennial commission and the America250 foundation. An advisory panel composed of regional representatives from the state's tourism districts is created to consult on regional activities celebrating the history and culture of regions across the state. The commission is authorized to establish additional subcommittees to assist the commission in the fulfillment of its duties. History Colorado is required to annually report on the commission's activities as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" reports. The commission is repealed effective June 30, 2027. (Note: This summary applies to this bill as enacted.)
On or before January 4, 2023, the act requires the executive director of the department of revenue to submit a report to the general assembly that analyzes the feasibility of regulating kratom products, kratom processors, and kratom retailers. Effective July 1, 2024, the act prohibits a person from: Knowingly preparing, distributing, advertising, selling, or offering to sell a kratom product that is adulterated with fentanyl or any other controlled substance; Selling a kratom product that does not have a label that sets forth the identity and address of the manufacturer and the full list of ingredients in the kratom product; Knowingly preparing, distributing, advertising, selling, or offering to sell a kratom product to a person under 21 years of age; or Displaying or storing a kratom product in a retail location in a manner that would allow the product to be accessed by individuals under 21 years of age. The act creates a civil infraction for: Giving, selling, distributing, dispensing, or offering to sell a kratom product to individuals under 21 years of age; or Failing to request a government-issued photographic identification that establishes that an individual is over 21 years of age prior to giving, selling, distributing, dispensing, or offering to sell a kratom product to the individual. A person who commits either civil infraction is subject to a fine of $200. (Note: This summary applies to this bill as enacted.)
The collegeinvest authority administers the achieving a better life experience (ABLE) savings program. Individuals who were declared disabled, as defined under federal law, before reaching 26 years of age are eligible to open an ABLE savings account. ABLE savings accounts under section 529A of the internal revenue code are modeled after section 529 college savings accounts, but, unlike those accounts, ABLE savings accounts may be used to save for many expenses related to an individual's disability without disqualifying the individual for certain federal benefits. The act modifies the administration and operation of these accounts in 2 ways. First, the act allows a person other than the individual with a disability to open an ABLE savings account for the individual and to have signature authority over that account. Second, the act prohibits the state from filing a claim against the ABLE savings account upon the account owner's death for outstanding payments due for qualified disability expenses. The act also modifies the tax benefits associated with an ABLE savings account for the 2023, 2024, and 2025 tax years. Under the act, a taxpayer may deduct from their federal taxable income for purposes of calculating their state taxable income certain contributions made to an ABLE savings account. Further, the act ensures that a taxpayer does not encounter tax recapture of any deductions claimed for these contributions when distributions are made from an ABLE savings account for qualified disability expenses. $44,517 is appropriated from the general fund to the department of revenue for the implementation of the act. (Note: This summary applies to this bill as enacted.)
The act allows a medical marijuana cultivation facility to transfer medical marijuana, physically or virtually via the seed-to-sale tracking system, to a retail marijuana cultivation facility with at least one of the same owners, and the retail marijuana cultivation facility to receive the marijuana and change the designation of the marijuana from medical to retail. The act clarifies that the retail marijuana cultivation facility is required to pay any retail marijuana excise tax on the transferred marijuana. The act appropriates $228,510 to the department of revenue from the marijuana cash fund for use by the marijuana enforcement division. (Note: This summary applies to this bill as enacted.)
The Colorado housing and finance authority (CHFA), under the Colorado affordable tax credit program, may allocate income tax credits in an annual aggregate amount of up to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024. The bill extends this period to December 31, 2031. (Note: This summary applies to this bill as enacted.)
The act creates the ozone season transit grant program (program) in the Colorado energy office (office). The program provides grants to the regional transportation district (RTD) and transit associations in order to provide free transit services for at least 30 days during ozone season. A transit association receiving a grant may use the money to make grants to eligible transit agencies. The eligible transit agencies may use the money to provide at least 30 days of new or expanded free transit services during ozone season. The RTD may use grant money to cover up to 80% of the costs of providing free transit for at least 30 days on all services offered by the RTD during ozone season. Eligible transit agencies and the RTD can use the money to cover lost fare box revenues and to pay for other expenses necessary to implement the program, including expenses associated with an increase in ridership as a result of the program. The RTD and a transportation association receiving a grant are required to report to the office on the services offered and estimates of the change in ridership as a result of the program. The act transfers $28 million from the general fund to a newly-created ozone season transit grant program fund, and the money is continuously appropriated to the office for the program. The office is required to establish policies governing the program and to report to the house and senate transportation committees by December 31 of each year of the program. The program is repealed, effective July 1, 2024. The transit and rail division (division) in the department of transportation is required to create a 3-year pilot project to extend state-run transit services throughout the state with the goals of reducing ground level ozone, increasing ridership, and reducing vehicle miles traveled in the state. The act transfers $30 million from the general fund to the state highway fund for the project. The division is required to annually report to the transportation legislation review committee on the pilot project. The pilot project is repealed, effective July 1, 2026. The act transfers $10 million dollars from the general fund to the state highway fund for use by the transportation development division for the revitalizing main streets program. In spending the money, the division is required to give priority to programs that improve air quality through increased use of transit. The act amends statutes governing testing for commercial driver's licenses to allow a test to be conducted by a driving tester who is under contract with a testing unit or a statewide association working with transit agencies in addition to a driving tester who is employed by a testing unit. As soon as practicable after the effective date of the act, the rules promulgated by the department of revenue must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester who is under contract with the testing unit or a statewide association working with transit agencies. (Note: This summary applies to this bill as enacted.)
Current law requires the department of education to distribute to each administrative unit $1,250 for each child with a disability who receives special education services from the administrative unit. The act increases the amount to $1,750 and requires the amount to increase by the rate of inflation each budget year beginning with the 2024-25 budget year. The act increases the required annual appropriation by an additional $26.8 million to fund children who have one or more disabilities and receive special education services from an administrative unit and requires the amount to increase by the rate of inflation each budget year beginning with the 2024-25 budget year. The act requires the special education fiscal advisory committee to submit a report to the education committees of the general assembly on or before January 1, 2023. The report must include the following information: An analysis of funding for special education services in other states compared to the funding model used in Colorado, with a focus on the proportionate share between federal, state, and local funding and how other states fund different categories of disabilities to target the needs of children with disabilities; An analysis of the actual costs to provide special education services to children with disabilities in Colorado; An analysis of the effectiveness of the current model for funding special education services, including whether the current funding model adequately supports special education services; An examination of the high-cost special education trust fund (fund) that includes how the fund is operated, who receives funding from the fund, and how the fund impacts those who receive funds; An analysis of the current disability categories for children with disabilities and whether the disability categories are sufficient for meeting the needs of children with disabilities; and Recommended changes, if any, to the special education services funding model. The act appropriates $80 million from the state education fund to the department of education for special education programs for children with disabilities. (Note: This summary applies to this bill as enacted.)
The act finds that current economic conditions have increased the amount of revenue available to the state for the 2022-23 budget year, allowing the state to increase the amount of appropriation for the state's share of total program funding for school districts and institute charter schools, thereby mitigating the impact of the budget stabilization factor. Additionally, it finds there is uncertainty concerning the continuity and longevity of these current economic conditions and whether high property values and increased revenue will continue. The act: Increases the statewide base per pupil funding for the 2022-23 budget year by $252.88, to account for inflation of 3.5%, to a new statewide base per pupil funding amount of $7,478.16; and Sets the total program funding for the 2022-23 budget year for all school districts and institute charter schools after application of the budget stabilization factor to not less than $8,422,216,159. The act permits a public school one year to discontinue the prohibited use of an American Indian mascot if the public school was first notified of the prohibited use on or after May 1, 2022. The act extends by six months the requirement for a board of cooperative services (BOCES) to obtain written permission from the school district in which a school operates or is located if the BOCES intends to authorize the school and the school is physically located within the geographic boundaries of a school district that is not a member of the BOCES. The act extends by one year the ability for local education providers to carry forward more than 15% of per-pupil intervention money received pursuant to the "Colorado READ Act". The act extends by one year the local accountability system grant program and the requirement that the department of education (department) contract with an external evaluator to evaluate the implementation of the local accountability systems. The act makes an appropriation of $100,000 for this evaluation. The act extends by one year the completion of the pilot program to develop and use screening and identification processes and intervention strategies for early identification of and support for students enrolled in kindergarten through third grade who may have dyslexia. The act states that, if a school district permits a student whose parent or guardian is a resident of the state but not a resident of the district to attend school in the district, the school district shall not require the parent, guardian, or student to pay tuition to attend school in the district, regardless of when during the school year, or under what circumstances, the student enrolls in or attends school in the district. The act allows contingency reserve fund payments for rural or small rural school districts for the 2021-22, 2022-23, and 2023-24 budget years if an unusual financial burden would be caused by the withholding of local property taxes due to a delay in filing a required audit report due to extraordinary problems that could not have been reasonably foreseen or prevented by the district. The act requires the department to issue a separate school code for certain programs. The act act expands authorization for financial assistance through the educator recruitment and retention program to include applicants agreeing to teach for 3 years in educator shortage areas in the state. The act permits a vendor that contracts with the department to develop a quality teacher recruitment program, and commits to satisfying the requirement to match 100% of the money paid by the department for the contract through gifts, grants, or donations from private donors, to also accept gifts, grants, donations, or other pledges of money from school districts or local governments. The act removes the department's authority to reallocate money among participating schools under the school food purchasing program. The act extends by one year the K-5 social and emotional health pilot program and amend the requirements for school mental health professionals participating in the pilot program. The act permits 20% of the money appropriated for the Colorado imagination library program to be used by the contractor for operating costs. The act: Removes the limit on the number of accelerating students through concurrent enrollment (ASCENT) program participants, and allows each qualified student selected to participate in the program; Reduces the number of postsecondary credits a qualified student must have completed to be eligible to participate in the ASCENT program; and Repeals the requirement that a student who fails to complete a concurrent enrollment course must repay the amount of tuition to the local education provider and repeals a provision permitting a local education provider to require a student who receives a failing grade to repay the tuition amount of a concurrent enrollment. The act, as amended by S.B. 22-202, transfers $290 million from the general fund to the state education fund. The act clarifies the state assessments that a local education provider may decide whether students will use pencil and paper rather than a computer. The act makes an appropriation of: $184,125,900 to the department, consisting of $2,101,985 from the general fund and $182,023,915 from the state education fund; $1 million to the department for charter school institute mill levy equalization fund; $127,973 for the dyslexia markers pilot program; $43,113 to the department for college and career readiness; and $25,000 for information technology services.(Note: This summary applies to this bill as enacted.)
The act establishes the regional talent development initiative grant program (grant program) in the office of economic development (office) to fund talent development initiatives across the state that meet regional labor market needs and specified grant program goals, including initiatives that meet workforce development needs in regions as they recover from the negative economic impacts of the COVID-19 pandemic. The office, a state agency designated by the office, or a third party with whom the office contracts is to serve as the administrator of the grant program (program administrator). The office is directed to appoint a steering committee of 5 to 8 business, civic, education, and nonprofit professionals (steering committee), including at least one member representing a rural area of the state, one member representing a 2-year institution of higher education, and one member representing a 4-year institution of higher education. The steering committee will support the program administrator in: Developing a grant application process; Establishing grant application selection and prioritization criteria; and Appointing a selection committee to review grant applications and make grant award recommendations. The office, in collaboration with the departments of labor and employment, higher education, and education and the steering committee, is to identify regions throughout the state to inform the selection of grant applications. The office is to publish a report on the grant program by November 1, 2023, and by each November 1 through November 1, 2027. The act creates the regional talent development initiative grant program fund (grant program fund) and directs the state treasurer to transfer $91 million from the workers, employers, and workforce centers cash fund (cash fund) to the grant program fund as follows: $89,123,184 from federal money in the cash fund that the state received pursuant to the "American Rescue Plan Act of 2021"; and $1,876,816 from money in the cash fund that originated from the general fund. The money in the grant program fund is continuously appropriated to the office for the grant program and related costs. The grant program repeals on July 1, 2028. The act also directs the state treasurer to transfer $32,373,184 from the money in the cash fund that originated from the general fund back to the general fund. (Note: This summary applies to this bill as enacted.)
