The "Colorado Municipal Election Code of 1965" (code) specifies procedures that municipal clerks are required to use when mailing ballots to voters who are covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act" (UOCAVA). The code specifies that standard voting materials for the purposes of UOCAVA include a declaration prescribed to accompany a federal absentee write-in ballot; however, the municipal clerks are unable to use that declaration. The act repeals this requirement. The code also specifies that, to be valid, an active military or overseas voter must complete a signed affirmation required by federal law. The act specifies the language required to be included in the affirmation. The code currently requires all paper ballots, including mail ballots, to include a ballot stub and a duplicate stub on the top portion of the ballot. This requirement is unnecessary for mail ballots, as municipalities have other ballot verification methods. The act specifies that mail ballots are not required to include a stub and a duplicate stub. The act also amends several provisions in the code regarding mail ballot elections to be consistent with other general provisions in the code regarding municipal elections. Specifically: The provision in the code that requires nomination petitions in mail ballot elections to be corrected no later than 66 days before the election is amended to be consistent with the general provision that specifies such petitions must be amended prior to 63 days before the election; The provision in the code that requires a withdrawal affidavit for a mail ballot election to be filed by the close of business on the 63rd day prior to the election is amended to be consistent with the general provision that specifies such withdrawals must occur prior to 63 days before the election; and The wording of the self-affirmation that is required to appear on the envelope for a mail ballot is amended to be consistent with the wording of the self-affirmation that is required to appear on the envelope for an absentee ballot.(Note: This summary applies to this bill as enacted.)
Effective January 7, 2025, the act: Removes Douglas, Elbert, and Lincoln counties from the eighteenth judicial district; Creates a twenty-third judicial district comprised of those counties; Specifies the number of district court judges for that district; and Reduces the number of district court judges for the eighteenth judicial district. The act specifies that at the election in November of 2024: There will be an election for the district attorney for the eighteenth judicial district from the electors of Arapahoe county; There will be an election for the district attorney for the twenty-third judicial district from the electors of Douglas, Elbert, and Lincoln counties; and Any district court judge of the eighteenth judicial district who is eligible for retention may stand for retention election from the electors of the eighteenth judicial district. The act clarifies that a district judge of the current eighteenth judicial district who is not up for a retention election in 2024 continues to serve as a district court judge for the remainder of the judge's current term, but the judge serves in the judicial district in which the judge resides. For the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings from 2021 through 2025, the act directs the judicial department to consult with the counties of the eighteenth judicial district and report on its progress in making the system changes necessary to create the twenty-third judicial district, and for the SMART Act hearing in 2026, the act directs the judicial department to prepare a final report on how the creation of the new district went, including recommendations to the general assembly on how future changes to a judicial district might be made. (Note: This summary applies to this bill as enacted.)
The act amends provisions relating to the Colorado opportunity scholarship initiative (COSI), including: Removing the definition of "tuition assistance" and replacing it with a definition for "financial assistance", which is tied to cost of attendance, and making amendments throughout to reflect the changed terms; Removing the statutory restriction that not more than 10% of money in the COSI fund in any fiscal year may be awarded to state agencies and nonprofit organizations for student success and support services and for other services, and the requirement that a certain percentage of the money awarded for student success and support services and for other services be awarded to nongovernmental entities; Changing the current provision that, to the extent practicable, scholarships must be equally distributed between students who are eligible for federal PELL grants and students within a certain range of income. Instead, the act requires scholarships to be equitably distributed between students with an expected family contribution, as defined in the act, of less than 100% of the annual federal PELL grant award and students with an expected family contribution between 100% and 250% of the annual federal PELL grant award. Removing references to obsolete reports and requirements. The act amends provisions relating to the payment of administrative expenses by authorizing the department of higher education to spend from the COSI fund an amount equal to not more than 7.5% of total expenditures from the fund for the prior fiscal year unless the general assembly modifies the percentage in the annual budget act. (Note: This summary applies to this bill as enacted.)
The act creates the Colorado legion of merit medal, which may be awarded by the department of military and veterans affairs (department) to any person who has rendered service in a clearly exceptional, unprecedented, or superior manner. The act makes changes regarding eligibility and criteria for certain medals awarded by the department and repeals awards that are duplicative of other department or federal awards. (Note: This summary applies to this bill as enacted.)
Under current law, the pre-1987 net operating loss deduction for individuals, estates, and trusts allows individuals, estates, and trusts to deduct Colorado net operating losses carried forward from tax years beginning prior to January 1, 1987, from their federal taxable income when computing their Colorado taxable income. But the latest year that an individual, estate, or trust could have used the pre-1987 net operating loss deduction and carried forward a net operating loss generated in 1987 was 2002. The act repeals the deduction. The act applies to income tax years tax beginning on or after January 1, 2021. (Note: This summary applies to this bill as enacted.)
Under current law, the sales tax exemption for long-term lodging exempts stays of 30 days or more at hotels, apartment hotels, lodging houses, motor hotels, guesthouses, guest ranches, trailer coaches, mobile homes, auto camps, or trailer courts and parks from the state sales tax on lodgings. The act limits this exemption so it only applies to natural persons. The act applies to sales tax levied on or after January 1, 2021. (Note: This summary applies to this bill as enacted.)
The act establishes Frances Xavier Cabrini day as a state legal holiday on the first Monday in October and repeals Columbus day. (Note: This summary applies to this bill as enacted.)
The act permits an organization recognized and authorized by the United States veterans administration and the national personnel records center to determine whether any unclaimed cremated remains are of United States military veterans or qualified family members who are eligible for interment in a national cemetery or state veterans' cemetery. If such unclaimed cremated remains are identified, the facility in possession of the remains is required to transfer the remains to a national cemetery or state veterans' cemetery. (Note: This summary applies to this bill as enacted.)
Instead of the international symbol of accessibility icon of a character in a wheelchair, any required accessibility signage in a facility must depict an accessible icon with a more dynamic character who leans forward in the wheelchair and who shows a sense of movement. This requirement applies to the construction, acquisition, or substantial renovation of any facility that contains 5,000 or more gross square feet, undertaken on and after the date the state architect obtains approval from the United States department of justice that, on a statewide basis, the accessible icon provides equal or greater access to persons with disabilities and is thus an equivalent facilitation under the federal "Americans with Disabilities Act of 1990". The state architect is required, with assistance from the Colorado advisory council for persons with disabilities, to seek this approval no later than January 1, 2021. (Note: This summary applies to this bill as enacted.)
The act modifies various provisions relating to the enforcement of parks and wildlife statutes as follows: Clarifies that any person, not just a hunter, may be prosecuted for violations of parks and wildlife statutes; Amends the definition of "take" to clarify that the term includes the killing of wildlife with certain exceptions; States that licenses issued by the division of parks and wildlife (division) are not subject to the "Secure and Verifiable Identity Document Act"; Specifies the default penalties that apply to a person who is convicted of a violation of a parks and wildlife statute or rule promulgated under those statutes that does not list a specific penalty; Extends the period of time within which an alleged offender may pay fines and surcharges identified in a penalty assessment notice issued to the alleged offender from 15 days to 20 days and authorizes personal service or service by certified mail of a summons and complaint or a penalty assessment notice; Authorizes the parks and wildlife commission or a hearing officer to suspend a person's license issued by the division for a failure to comply with an official notice of an alleged violation of the parks and wildlife statutes. The suspension is lifted once the person furnishes or causes to be furnished to the division satisfactory evidence of compliance with the official notice of an alleged violation. Makes the imposition of additional penalties regarding the unlawful taking of trophy animals permissive instead of mandatory; For the purposes of hunting in a careless manner, amends the definition of "careless" and authorizes a lesser fine for a person who hunts in a careless manner while hunting with a big game license for a type of animal different than the type of animal killed and who immediately field dresses the killed animal and reports the killing to the division; Amends the definition of "vessel" to include all types of stand-up paddleboards and excludes from the definition of "river outfitter" a person whose only service is providing instruction in stand-up paddleboarding; Authorizes a person to possess a loaded pistol or revolver while snowmobiling and clarifies that the division may authorize certain conduct while operating a snowmobile that is otherwise unlawful; and Prohibits a river outfitter, guide, trip leader, or guide instructor from allowing another person to operate a vessel without due regard for river conditions or other attending circumstances or in a manner that endangers any person, property, or wildlife. A person who violates the prohibition commits a class 3 misdemeanor.(Note: This summary applies to this bill as enacted.)
The act expresses the general assembly's intent that school district board of education (board) members attending and participating in board meetings electronically be included in the number of members present and necessary to convene a meeting and that a board's policy authorizing electronic participation include a procedure for ensuring that electronically participating members have real-time access to materials presented at the meeting. (Note: This summary applies to this bill as enacted.)
The act sets the minimum pay for a member of the state military forces engaged in any service ordered by the governor as the rate paid to an enlisted person holding the rank of E-4 with over 6 years of service. (Note: This summary applies to this bill as enacted.)
