Rep. Junie Joseph

The act requires that a report related to a seizure and forfeiture include the estimated value and equity of the property and information on the outcome of the forfeiture proceeding. The act appropriates $22,549 to the department of local affairs that is reappropriated to the office of the governor for use by the office of information technology and includes 0.2 FTE. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

The act requires an oil and gas operator in the state (operator), on or before September 1, 2023, on a monthly basis, with respect to each oil and gas well, and on or before January 1, 2024, and quarterly thereafter, with respect to the operator's oil and gas operations generally, to report information to the Colorado oil and gas conservation commission (commission) regarding the operator's use of water entering, utilized at, or exiting each of the operator's wells or oil and gas locations, including information on the recycling and reuse of produced water. The act also requires the commission to adopt rules, on or before December 31, 2024, requiring a statewide reduction in usage of fresh water and a corresponding increase in usage of recycled or reused water in oil and gas operations. From the information reported to the commission under the act, the commission is required to: Include the information as part of the commission's annual reporting on cumulative impacts of oil and gas operations; and Report to the legislative energy committees a summary of the reported information on or before April 1, 2025. The act creates the Colorado produced water consortium in the department of natural resources (department) to make recommendations to state agencies and the general assembly regarding the recycling and reuse of produced water, develop guidance documents to promote best practices for in-field recycling and reuse of produced water, and analyze and report on: Existing produced water infrastructure, storage, and treatment facilities; The volume of produced water in different oil and gas basins available for recycling and reuse; and Additional infrastructure, storage, and technology needed to achieve different levels of recycling and reuse of produced water throughout the state. Annually starting in 2024, the consortium is required to update the legislative energy committees on the consortium's work, and the executive director of the department is required to report on the consortium's recommendations as part of the department's annual "SMART Act" presentation to a joint committee of the general assembly. The act repeals the consortium on September 1, 2030, subject to a sunset review by the department of regulatory agencies. The act appropriates: $464,512 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the commission for program costs; and $30,169 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the department of public health and environment for use by the water quality control division for personal services related to the drinking water program. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)

The act requires a landlord and residential tenant to participate in mandatory mediation prior to commencing an eviction action if the residential tenant receives supplemental security income, federal social security disability insurance, or cash assistance through the Colorado works program (collectively, "cash assistance"). The landlord and residential tenant do not have to participate in mediation if the residential tenant did not disclose or declined to disclose in writing to the landlord that the residential tenant receives cash assistance, the complainant is a 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants, or the complainant is a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. Failure to comply with mandatory mediation is an affirmative defense. The act prohibits a law enforcement officer from executing a writ of restitution against a residential tenant for at least 30 days after the entry of judgment if the residential tenant receives cash assistance, except in the case in which a court has ordered a judgment for possession for a substantial violation or in the case of a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. The act requires a written demand to include a statement that a residential tenant who receives cash assistance has a right to mediation prior to the landlord filing an eviction complaint with the court. The act requires a written rental agreement to include a statement that current law prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person. The act prohibits a written rental agreement from including a waiver of mandatory mediation or a clause that allows a landlord to recoup any costs associated with mandatory mediation. The act appropriates $328,026 from the general fund to the judicial department for use by courts administration. To implement this act, the department may use this appropriation as follows: $246,076 for general courts administration; $75,000 for information technology infrastructure; and $6,950 for capital outlay. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

The act codifies the Colorado access to justice commission (commission). The governor, legislative leadership, supreme court of Colorado, and Colorado legal organizations appoint the 17- to 20-member commission, and the Colorado supreme court justice liaison, the executive director of Colorado legal services, the executive director of the legal aid foundation of Colorado, and a representative of the Colorado attorney general serve as ex officio nonvoting members of the commission. The act directs the commission to make recommendations regarding legislative and regulatory changes that could help improve access to justice for all Coloradans, and allows the commission to hire staff. The act creates the Colorado access to justice commission cash fund. The commission is authorized to receive gifts, grants, and donations to fund the commission's duties. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The middle-income housing authority (authority) has the power to make and enter into contracts or agreements with public or private entities to facilitate public-private partnerships. The act clarifies this power of the authority to enter into public-private partnerships by specifying that: The affordable rental housing component of a public-private partnership is exempt from state and local taxation, and the authority must provide initial and ongoing notice to the local assessor of the exemption; A public-private partnership may include an agreement concerning commercial property in connection with an affordable rental housing project; A public-private partnership may provide for the transfer of the interest in an affordable rental housing project to an entity other than the authority; The authority may issue bonds to finance the affordable rental housing component in a public-private partnership; and Bonds issued by the authority may be payable from the revenue and assets of the affordable rental housing component of a public-private partnership or solely from the revenue or assets of the authority as current law requires. Additionally, the act expands the board of directors of the authority from 14 to 16 by adding 2 nonvoting members. The senate majority leader and the house majority leader will each appoint a member of the general assembly from their respective chambers to serve as the 2 new nonvoting members; except that, if the senate majority leader and the house majority leader are from the same political party, the house minority leader will appoint the member to the board of directors from the house. For the 2023-24 state fiscal year, $3,774 is appropriated from the general fund to the legislative department for use by the general assembly to implement the act. APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 2023 (Note: This summary applies to this bill as enacted.)

The act allows an employee to use accrued paid sick leave when the employee needs to: Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the closure of the family member's school or place of care; Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member; or Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the need to evacuate the employee's residence. To implement the act, $74,927 is appropriated from the general fund to the department of labor employment for use by the division of labor standards and statistics. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)

The act defines terms related to federal firearm licenses and firearm components, including "frame or receiver of a firearm" and "unfinished frame or receiver." The act prohibits: On and after January 1, 2024, knowingly possessing or transporting an unfinished firearm frame or receiver, unless it has been imprinted with a serial number as required by federal law; Knowingly selling, offering to sell, transferring, or purchasing an unfinished firearm frame or receiver, unless it has been imprinted with a serial number as required by federal law; On and after January 1, 2024, knowingly possessing, purchasing, transporting, or receiving a firearm or frame or receiver of a firearm that is not imprinted with a serial number; Knowingly selling, offering to sell, or transferring a firearm or frame or receiver of a firearm that is not imprinted with a serial number; and Manufacturing or causing to be manufactured a frame or receiver of a firearm; unless the manufacturer is a federally licensed firearm manufacturer. The act includes exceptions for each type of prohibited conduct, including specified exceptions for conduct involving federal firearm licensees and transfers to serialize a frame or receiver. A person who commits any of the prohibited conduct commits unlawful conduct involving an unserialized firearm, frame, or receiver. Unlawful conduct involving an unserialized firearm, frame, or receiver is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony. The act requires a person who, on the effective date of the act, owns a firearm, frame, or receiver that the person manufactured and that is not imprinted with a serial number by a federal firearms licensee, to have the firearm, frame, or receiver imprinted with a serial number no later than January 1, 2024. The act prohibits the Colorado bureau of investigation from approving the transfer of a firearm to a person who was convicted of misdemeanor unlawful conduct involving an unserialized firearm, frame, or receiver within 5 years prior to the transfer. A person convicted of felony unlawful conduct involving an unserialized firearm, frame, or receiver is prohibited from possessing a firearm or other weapon. The act permits a federal firearms licensee to imprint a serial number on a firearm or a firearm frame or receiver and establishes a process and requirements for licensees to serialize firearms. Existing law prohibits possession of a dangerous weapon. The act defines "machine gun conversion device" and makes machine gun conversion devices a dangerous weapon under Colorado law. APPROVED by Governor June 2, 2023 PORTIONS EFFECTIVE June 2, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)

The act addresses recommendations from the state child support commission (commission), including the following: Requires that parents share a child's health insurance coverage information with each other; Provides a time frame for parents to seek reimbursement for extraordinary medical expenses, including mental health expenses; Requires a court to provide a verbal and written advisement to parents and caretakers and information to parents about child support law when the court enters or modifies a child support order; Requires a $100 civil infraction fine for the issuance of a fraudulent income withholding order and authorizes a court to issue a judgment against an employer that willfully refuses to comply with an income withholding order for child support; Excludes funeral or burial expenses from life insurance settlements relating to past-due child support and requires burial costs to be covered; Changes the income adjustment for maintenance to reflect existing maintenance calculation and accounts for tax-deductibility for some maintenance payments; Changes the survivability of an administrative process action to include retroactive support, unpaid support, and monthly support owed to the nonparent caretaker; Enables a court to order retroactive support through the month the child support obligation begins and provide continuity of retroactive support for orders that have future commencement dates; Modifies the number of hours parents are expected to work for the imputation of income to 32 hours a week and 50 weeks a year and includes transportation as a barrier the court must consider if imputation of income is appropriate; Requires appointment of 2 parent obligors and 2 parent obligees to the commission; and Requires the commission, as part of its review, to evaluate its internal policies and efficiency. APPROVED by Governor June 2, 2023 PORTIONS EFFECTIVE June 2, 2023 PORTIONS EFFECTIVE July 1, 2023 PORTIONS EFFECTIVE August 1, 2023 PORTIONS EFFECTIVE September 1, 2023 PORTIONS EFFECTIVE July 1, 2024 (Note: This summary applies to this bill as enacted.)

The act defines "family time," changes the term "visitation" to "family time" in various places in statute, creates new requirements for dependency and neglect court proceedings, and requires the task force on high-quality family time (task force) to commission and evaluate a state study on family time. On and after January 1, 2024, the act: Requires county departments of human or social services (county departments) to encourage maximum family time; Allows the court and the state department of human services (department) to rely on community resources, foster parents, or relatives to provide transportation or supervision for family time; Creates a presumption that supervised family time is supervised by relatives, kin, foster parents, or other supports (supports) and occurs in the community. This presumption can be rebutted if the health or safety of the child is at risk or if these supports are unavailable or unwilling to provide supervision. Limits the court's ability to restrict or deny family time to situations in which the child's safety or mental, physical, or emotional health is at risk; Requires the court to order family time in the least restrictive setting; Requires county departments to provide information to the court about proposed family time and participation in family time; Prohibits the court or county departments from limiting family time as a sanction for a parent's failure to comply with court-ordered treatment plans so long as the child's safety or mental, physical, or emotional health is not at risk; Prohibits the court, county departments, parents, or supports from limiting family time as a sanction for the child's behavior or as an incentive to improve the child's behavior; Requires the court and county departments to consider parents' and childrens' preferences when determining supervision, location, and timing of family time; States that a person's inclusion in family time does not confer rights not otherwise granted by law; and Gives the state board of human services the authority to promulgate rules to implement the provisions. The act appropriates $142,000 from the general fund to the judicial department for use by the office of the respondent parents' counsel for personal services and $13,879 from the general fund to the department for use by the division of child welfare for Colorado TRAILS. The act also anticipates an appropriation of $7,473 in federal funds for use by the division of child welfare. APPROVED by Governor June 1, 2023 PORTIONS EFFECTIVE June 1, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)

The act clarifies the school expulsion hearing (hearing) process, including the following: A school district has the burden of proving by a preponderance of the evidence that a student violated state law and the school district's policy; A school district is required to provide all supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least 2 business days in which school is in session prior to the hearing; and Hearing officers are required to consider specific factors at the conclusion of a hearing including the age of the student, disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention could properly address the violation. A hearing officer must not have a conflict of interest with a student under consideration for expulsion or denial of admission or any alleged victim. A school district must ensure that hearing officers receive training on how to serve impartially. The act requires the department of education (department), on or before June 30, 2024, to create and maintain the online training program for expulsion hearing officers. Beginning January 1, 2025, hearing officers are required to complete initial and ongoing training. The training program must include information on: Child and adolescent brain development; Restorative justice; Alternatives to expulsion; Trauma-informed practices; Conflict and bias in discipline, suspension, and expulsion; and The requirements and implementation of applicable federal and state laws. School districts, district charter schools authorized to expel or suspend students, or the state charter school institute may develop and provide their own training program to hearing officers and school administrators that meets or exceeds the requirements of the department's training program. The act requires the board of education of each school district to adopt a policy that a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment. The act clarifies the judicial proceedings process available to a student or the student's parents, guardians, or legal custodians to set aside the school district board of education's decision to expel or deny admission to the student. The act appropriates $162,720 from the general fund to the department for hearing officer training and support. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)