Colorado law allows a local government to establish local minimum wages in excess of the statewide minimum wage established in the state constitution. A local government that enacts a minimum wage must provide a tip offset for tipped employees in an amount equal to the tip offset amount described in the state constitution, which is $3.02. The act states that on and after January 1, 2026, a local government that has enacted a code or an ordinance imposing a minimum wage that exceeds the state minimum wage may increase the amount of the tip offset associated with the local minimum wage; except that a local government shall not impose a tip offset in an amount that allows a tipped employee to earn less than the state minimum wage minus $3.02. (Note: This summary applies to this bill as enacted.)
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Current law states that rules adopted by the marijuana enforcement division (division) may include certain subjects. The act states that: Rules concerning record keeping may include certain information and must include certain other information; and The rules may require medical marijuana products manufacturers or retail marijuana products manufacturers to use an approved licensed premises and approved equipment to manufacture and prepare products not infused with regulated marijuana for the purpose of quality control and research and development in the formulation of regulated marijuana products. If a license holder is required to maintain books and records in the seed-to-sale inventory tracking system, the license holder need not maintain duplicate copies of the books and records. If a license holder violates regulatory requirements, the division may require the license holder to maintain additional records. The act states that the division may adopt rules concerning identification cards for controlling beneficial owners, passive beneficial owners, or individuals who handle or transport regulated marijuana on behalf of license holders. Current law requires all applicants for an employee identification card to obtain a fingerprint-based criminal history check. The act requires only controlling beneficial owners and passive beneficial owners to obtain a fingerprint-based criminal history record check, and other employees must merely obtain a name-based judicial record check. The act requires that rules adopted by the division concerning video recording requirements must include rules to address specific aspects of such surveillance. The act authorizes the division to notify license holders by digital communication of their license expiration date. Current law authorizes marijuana cultivation facilities and marijuana products manufacturers to provide research and development units (R-and-D units) to managers and sets standards for the practice. The act reforms these standards with regard to labeling, testing, packaging, and tracking. The act also prohibits a facility or manufacturer from committing certain acts involving R-and-D units and requires the division to adopt rules concerning the issuance of R-and-D units to occupational licensees. The act repeals provisions that prohibit a person from: Having a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license that was not disclosed; Having day-to-day operational control over the business if the person isn't a Colorado resident; and Engaging in transfer of ownership without prior approval. The act authorizes the division to set and collect a fee to fulfill requests for copies of a license application. Current law requires a person that accepts a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person for a medical marijuana business to notify the state and local licensing authorities of the appointment and apply for a finding of suitability. Current law also prohibits a person from possessing, operating, managing, or controlling a medical marijuana business on behalf of another except by court appointment . The act applies these laws to retail marijuana businesses. The act provides that on July 1, 2025, and July 1, 2026, the state treasurer will transfer $300,000 from the general fund to the marijuana entrepreneur fund. The appropriation to the division from the marijuana cash fund in the annual general appropriation act for the 2025-26 state fiscal year is decreased by $25,883 if certain conditions apply. The appropriation to the Colorado bureau of investigation from the Colorado bureau of investigation identification unit fund made in the annual general appropriation act for the 2025-26 state fiscal year is decreased by $252,645 if certain conditions apply. (Note: This summary applies to this bill as enacted.)
The act requires a metropolitan district that is a party to a lease or rental agreement that was effective as of January 1, 2025, or later and was filed with the county assessor's office in support of a claim for a property tax exemption based on the use of the property for purposes of the metropolitan district to file with the county assessor's office a statement (statement) describing: The metropolitan district's use of the leased property; The metropolitan district's authority to use the leased property for the metropolitan district's purposes; Any use of the leased property by a private person for private purposes; and Any disclosure filed by a member of the board of directors of the metropolitan district in accordance with certain laws that govern disclosures of conflicts of interest. If the statement includes a disclosure that relates to the leased property and is filed by a member of the board of directors of the metropolitan district in accordance with certain laws that govern disclosures of conflicts of interest, the county assessor shall, within 14 days of receipt of the statement, submit the statement to the metropolitan district's governing body. Within 63 days of receipt of the statement, the governing body shall issue a written decision including findings of fact and a conclusion as to whether the leased property is used for a public purpose. If the governing body concludes that the leased property is not used for a public purpose, the leased property is not exempt from taxation, and the county assessor shall implement the governing body's decision. The decision of the governing body is not subject to appeal and does not give rise to any private right of action. The act clarifies that a leasehold interest in real or personal property that is owned by a private person and that has been leased to the state or a political subdivision of the state, the use and possession of which has been leased back to a private person for private purposes, is taxable to the owner. (Note: This summary applies to this bill as enacted.)
Section 1 of the act defines the board of trustees of the public employees' retirement association (board) as a local public body for purposes of the open meetings law. Section 2 limits the terms of both elected and appointed members of the board to not more than 2 consecutive 4-year terms; except that the state treasurer is not subject to the 2-term limit. A former trustee who has served 2 consecutive terms may be reelected or reappointed to the board after not serving on the board for a period of at least one term. Section 2 also clarifies how such term limits apply in the case of a vacancy appointment. Section 3 requires the board, on and after January 1, 2025, to conduct its meetings in accordance with the open meetings law as a local public body and requires the board to post and regularly maintain and update the public employees' retirement association's (association) website with information including: The notice with specific agenda information, if available, for the board's next public meeting; The policy for and process by which a member of the public may participate in any public meeting of the board; A link or other means of public access to the records of past public meetings of the board; and The official email address of the board. Section 3 also requires that, on or before January 1, 2026, and on or before January 1 of each calendar year thereafter, the board post certain financial information of the association on the association's website. Section 4 clarifies that, while the board may delegate any of its responsibilities, duties, and powers to the executive director of the association or other designated agents, the board retains authority and responsibility for the management of the association and all its statutory duties and powers through a specified existing administrative process. (Note: This summary applies to this bill as enacted.)
The office of legislative workplace relations (OLWR) was established in 2019 as an entity within the office of legislative legal services to provide services to the general assembly, its members and employees, and the legislative services agencies. Specifically, the OLWR is directed to provide services related to employee relations, training, compliance, workplace culture, and workplace harassment, including investigations of complaints under the general assembly's policies on workplace expectations and workplace harassment. The act rebrands the OLWR as the legislative human resources division and directs the division to provide human resource services to the legislative branch, which includes the existing services required by law and additional services, such as benefits administration, compensation and classification, hiring and recruitment, and new employee onboarding, within available resources. (Note: This summary applies to this bill as enacted.)
The act creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: Reinstatement; Back pay with interest; Any other equitable relief the court deems appropriate; Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and Reasonable attorney fees and costs. The act creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years. The act does not apply to an employee who provides false information or who does not follow internal reporting and administrative procedures related to whistleblower conduct. All law enforcement agencies shall provide a training to employees or a workplace posting, or both, regarding the requirements of the act. (Note: This summary applies to this bill as enacted.)
The act authorizes the owner of a trailer to register the trailer for as long as the owner owns the trailer. The trailer must be class B or class D personal property. To register the trailer, the owner must pay: 2 years of annual specific ownership tax; and $55.82 to cover fees. Upon the transfer of ownership of the trailer, the owner is required to notify the department of revenue of the transfer. (Note: This summary applies to this bill as enacted.)
The availability of both the family affordability tax credit and the earned income tax credit has been determined by the compound annual growth rate between actual state revenue in state fiscal year 2024-25 and projected state revenue for the fiscal year that begins during the relevant state income tax year. Under the act, the availability of both tax credits is determined by the compound annual growth rate between state revenue for state fiscal year 2024-25, as projected in the March 2024 office of state planning and budgeting revenue forecast, and projected state revenue for the fiscal year that begins during the relevant state income tax year. (Note: This summary applies to this bill as enacted.)
The division of water resources in the department of natural resources (division) is responsible for administering water rights and issuing water well permits, among other duties. Under current law, after having received a permit to appropriate designated groundwater or construct a well outside the boundaries of a designated groundwater basin, a permit holder is required to construct the well within one year after the date of issuance of the permit. If the well is not constructed within one year, the permit expires; except that the ground water commission (commission) in the division or the state engineer, as applicable, may grant a single one-year extension. The act extends the time frame for construction of a well to 2 years, eliminating the need for the commission or the state engineer to approve a one-year extension to the initial one-year construction time frame, except for permits issued for federally authorized water projects. The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee. Under current law, the division engineer of each water division is required to decennially present to the water court a list of water rights that meet the criteria for abandonment. The act splits this decennial abandonment process into 2 batches, grouped by water division and spaced 5 years apart, beginning with 2030 and 2035. The act maintains the requirement that the abandonment process be performed every 10 years in each water division. The act extends certain time frames relating to the well permitting process. Lastly, the act eliminates final permitting requirements for non-Denver Basin bedrock aquifer wells in the designated basins. (Note: This summary applies to this bill as enacted.)
The act creates the Colorado sexual assault forensic medical evidence review board (board), consisting of the attorney general, or their designee, as board chair; the executive director of the Colorado district attorneys' council, or their designee; and various members appointed by the attorney general or the governor. The board's duties include reviewing and monitoring processes related to sexual assault response, making recommendations to improve sexual assault response, and submitting an annual report concerning its duties. The act creates a notification requirement under the "Victim Rights Act" that requires a law enforcement agency to notify a victim every 90 days when the law enforcement agency has not received the results of the forensic medical evidence DNA analysis from an accredited crime laboratory. The act requires an accredited crime laboratory to endeavor to analyze forensic medical evidence within 60 days after its receipt. The act expands public reporting requirements concerning forensic medical evidence and DNA evidence backlogs. For the 2025-26 state fiscal year, the act appropriates $112,365 from the general fund to the department of law for use by the administration division to implement the act. (Note: This summary applies to this bill as enacted.)