Colorado Bills

Under current law, the independent ethics commission created in article XXIX of the state constitution does not have jurisdiction over officials or employees of special districts or school districts. The bill gives the independent ethics commission jurisdiction to hear complaints, issue findings, assess penalties, and issue advisory opinions on ethics issues concerning a local government official or local government employee special district official, special district employee, school district official, or school district employee . "Local government" is defined to include a county, municipality, special district, or school district. Existing ethical standards apply to a local government official and a local government employee. The bill applies those standards to a local government official or local government employee through the independent ethics commission . (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 makes it a level 1 drug felony if a person sells, dispenses, distributes, or otherwise transfers any quantity of a controlled substance or any material, compound, mixture, or preparation that contains any amount of a schedule I or II controlled substance and the sale, dispensing, distribution, or transfer is the proximate cause of the death of another person who used or consumed the controlled substance material, compound, mixture, or preparation. It is not a violation if the violation involves distribution or transfer of the controlled substance if the distribution or transfer is done without remuneration and is for the purpose of consuming all of the controlled substance with another person or persons at a time substantially contemporaneous with the transfer and the distribution or transfer involves not more than 4 grams of a schedule I or II controlled substance; not more than 2 grams of methamphetamine, heroin, ketamine, or cathinones; or not more than one gram of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof. For a violation of unlawful distribution, manufacturing, dispensing, or sale of the material, compound, mixture, or preparation that weighs more than 225 grams and contains a schedule I or schedule II controlled substance; more than 112 grams and contains methamphetamine, heroin, ketamine, or cathinones; more than50 milligrams and contains flunitrazepam; or more than 50 grams and contains fentanyl, cargentanil, benzimidazole opiate, or an analog thereof that is not a level 1 drug felony, the bill requires, if the court sentences the defendant to incarceration, a mandatory minimum sentence of at least midpoint but no more than the maximum of the sentencing range. (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 creates an independent delivery license for social equity licensees to deliver and sell retail marijuana and retail marijuana products to consumers at the consumer's private residence and requires the department of revenue to promulgate rules concerning the independent delivery license. The bill creates an accelerator independent delivery license, accelerator hospitality business license, and accelerator transporter license, and accelerator retail deliverer permittee for social equity licensees qualified to participate in the accelerator program. The bill requires the department of revenue to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity licenses, any recommendations for new social equity licenses and permits, and any recommendations for new or innovating funding sources for the social equity licensees or permittees. Effective January 2, March 1, 2024, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The bill clarifies that the new eligibility requirements only apply to social equity licensee applications received on or after January 2, March 1, 2024. or to the reinstatement or reactivation of social equity licenses originally issued before January 2, 2024. The new eligibility requirements do not apply to the renewal of social equity licenses applied for or issued before January 2, March 1, 2024. The bill authorizes a social equity licensee who satisfies the eligibility requirements effective January 2, 2024, with a retail marijuana transporter licensee and a retail marijuana delivery permit or an accelerator retail deliverer permit, to exercise the privileges of a retail marijuana store license without needing to obtain a retail marijuana store license or accelerator store license. The bill requires permits the department of revenue to create incentives for social equity licensees and accelerator-endorsed licensees, including reducing or waiving fees. The bill requires the department of regulatory agencies, as part its sunset review of the "Colorado Marijuana Code" in 2028, to review social equity licensing and the independent delivery license. The bill creates, in the office of economic development, a grant committee that is responsible for reviewing grant applications, selecting grant recipients, and determining grant awards that are issued pursuant to an existing grant program for supporting entrepreneurs in the marijuana industry. The bill amends the statutory provision concerning retail marijuana sales tax to state that a retailer is not allowed to retain any portion of the retail marijuana sales tax collected to cover the expenses of collecting and remitting the tax. The bill appropriates $330,625 to the department of revenue, and $114,199 to the department of law. (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.)

Under existing law, a board of county commissioners (board) may designate unincorporated areas of a county where it is unlawful to discharge firearms (designated area) , except the board may not prohibit discharge of firearms in shooting galleries, on private grounds, or in residences under circumstances that do not endanger persons or property. A designated area must have an average population density of 100 persons or more per square mile. The bill repeals the exception for private property, repeals the minimum population density requirement, and instead requires that the designated area have 30 35 dwellings or more per square mile. A board is not allowed to prohibit discharge of a firearm in a designated area by a peace officer, in an indoor shooting gallery located in a private residence, or at a shooting range , pursuant to a wildlife management activity, or by a person engaged in a lawful hunting activity or livestock management. Under existing law, certain state laws concerning the state's liability for damages done to property by wild animals protected by the game laws of the state do not apply to a designated area. The bill repeals this exception. (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 creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual's dependents. The dependent allowance starts on July 1, 2025 2026, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines "dependent" as a child of an eligible individual who receives at least half of the child's financial support from the eligible individual and who is: Under 18 years of age; or 18 years of age or older and incapable of self-care because of a mental or physical disability. The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025 2026, and by August 31 of each year thereafter. The bill appropriates $655,530 to the department of labor and employment for the 2023-24 state fiscal year to implement the act. (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 permits a person who is subject to a court order issued in a dependency and neglect proceeding to challenge the constitutionality of the court order in a contempt proceeding alleging the person violated the court order on the grounds that the court order violates the person's rights under the first amendment to the United States constitution. The bill states that a judgment of contempt for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech is an appealable judgment and that the court rules governing appeals in dependency and neglect proceedings apply to the appeal of the contempt judgment. The bill permits the office of the respondent parents' counsel to provide representation to indigent parents in a contempt proceeding for violating a court order issued in a dependency and neglect proceeding that regulates a person's speech. (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 specifies that a city may authorize the operation of an overdose prevention center within the city's jurisdiction for the purpose of saving the lives of persons at risk of preventable overdoses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill repeals statutory provisions prohibiting counties and municipalities from enacting any ordinance or resolution that would control rent on private residential property or a private residential housing unit (rent control) and sets the following guidelines for the enactment of rent control: Rent control must be uniformly applied among all renters that are similarly situated; Rent control must be uniformly applied among all private residential properties and private residential housing units that are similarly situated; except that: For 15 years from the date on which the first certificate of occupancy was issued, no rent control may be applied; Rent control may be applied to a mobile home or mobile home park regardless of the date the mobile home or mobile home park was built or the date a certificate of occupancy was issued; and No rent control may be applied to housing units provided by nonprofit organizations and regulated by fair market rents published by the United States department of housing and urban development or any other similar federal or state program; and Rent control that limits the amount of an annual rent increase must not impose a limit less than the percentage increase in the consumer price index plus three percentage points plus reasonable increases reflective of the actual costs of substantial renovations. Regardless of the first two of these guidelines, the bill permits a local government to have or adopt an ordinance or regulation that is expressly intended and designed to increase the supply of affordable housing. The bill also makes a conforming amendment. (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.)