Rep. Rose Pugliese

Due to a defective statutory date reference, a property tax exemption for agricultural equipment that is used in any controlled environment agricultural facility was going to be in effect for 6 years instead of the 5 years intended by the general assembly when it enacted the property tax exemption. The act corrects the defective date reference so that the exemption will only be in effect for 5 years. APPROVED by Governor May 12, 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.)

Section 1 of the bill creates a new refundable income tax credit for income tax years commencing on and after January 1, 2024, but before January 1, 2033, for the purchase or lease of electric-powered aviation ground support equipment that is purchased or leased to replace similar models of gas-powered or diesel-powered aviation ground support equipment in the amount of 18% of the actual cost to purchase the equipment that may be claimed by a qualifying taxpayer; except that the total amount of credits available to be claimed is $250,000 in each tax year and is available on a first come, first served basis. A qualifying taxpayer is an aviation business, an airport, or a fixed base operator. Only one tax credit may be claimed per individual piece of equipment. Section 2 creates a new refundable income tax credit for income tax years commencing on and after January 1, 2024, but before January 1, 2033, for an investment made by a qualified investor in a qualified business that researches, develops, or produces alternative aviation fuels or alternative aircraft powerplants in the amount of 30% of the investment; except that the total amount of credits available to be claimed is capped for each tax year for which the credit is allowed and is available on a first come, first served basis. The investment must be used by the qualified business in furtherance of research, development, or production of alternative aviation fuels or alternative aircraft powerplants. The executive director of the department of revenue is authorized to promulgate rules to implement the tax credit, including precertification of a business as a qualified business eligible to receive a qualified investment.(Note: This summary applies to this bill as introduced.)

The bill creates the property tax task force (task force). The task force consists of both members of the general assembly and individuals who are not members of the general assembly. The purpose of the task force is to develop a permanent and sustainable tax structure for the state of Colorado. The task force is required to: Convene by July 15, 2023; Meet at least 4 times in its first year and at least 8 times every year; and Submit reports with its findings and recommendations to the general assembly by November 1. After the task force makes its first report to the general assembly, the task force may determine that it has fulfilled its purposes and the task force may be disbanded. The task force is repealed on November 1, 2026. (Note: This summary applies to this bill as introduced.)

Current law requires reports of known or suspected child abuse or neglect to include the source of the report and the name, address, and occupation of the person making the report whenever possible. The bill requires a report of this information in all circumstances. (Note: This summary applies to this bill as introduced.)

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.)

As a condition of receiving federal money under the federal "Families First Coronavirus Response Act", the state was required to maintain the enrollment of nearly all individuals receiving medicaid until April 1, 2023, at which point the state was given 14 months to return to normal eligibility and enrollment operations. Additionally, due to the declared public health emergency in Colorado in response to the COVID-19 outbreak and to effectuate the federal continuous enrollment requirement, the governor suspended certain statutory requirements related to enrollment and cost sharing in medical assistance programs. The act suspends these requirements statutorily for the 14 months after April 1, 2023. The act suspends certain other statutory enrollment and cost-sharing requirements until May 31, 2023,or June 1, 2024, and other statutory enrollment requirements until 12 months past the declaration of the end of the federal public health emergency. APPROVED by Governor April 27, 2023 EFFECTIVE April 27, 2023 (Note: This summary applies to this bill as enacted.)

The act requires the department of corrections (department) to, for an inmate who was sentenced for a nonviolent felony offense, deduct earned time from the inmate's sentence for each accredited degree or other credential awarded by an institution of higher education to the inmate while the inmate is incarcerated or on parole, in the following amounts: 18 months of earned time for a master's degree and 2 years of earned time for a doctoral degree; One year of earned time for receiving an associate or baccalaureate degree; and 6 months of earned time for receiving a certificate or other credential that requires completion of at least 30 credit hours. The act requires the department to designate up to six regionally accredited institutions of higher education that may award a degree or credential to an inmate for which earned time must be deducted. The act requires the general assembly to annually appropriate to the department of higher education the savings incurred during the prior state fiscal year as a result of the release of inmates from correctional facilities because of earned time granted for completion of a higher education degree or credential. The appropriation to the department of higher education is for allocation to institutions of higher education that offer accredited programs in correctional facilities. APPROVED by Governor April 12, 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 makes the following changes regarding county public hospitals: Allows the board of county commissioners of a county with a population of less than 3,000 to determine, by a resolution of the board of county commissioners, that the public hospital board of trustees (hospital board) will consist of 7, rather than 5, citizens at large and specifies the length of the terms of the additional hospital board trustees in a manner that staggers the terms; Authorizes real property to be in the name of either the county or the hospital, rather than only in the name of the county; Clarifies that any indebtedness incurred by a hospital board is an obligation of the hospital board and not an obligation of the board of county commissioners; Specifies that a hospital board needs the approval of the board of county commissioners before incurring indebtedness only if the repayment of the indebtedness is dependent on tax money received for hospital purposes from the board of county commissioners; Allows a hospital board to offer to the general public products and services of any health-care organization, association, partnership, or corporation to the extent that the products and services are consistent with the powers and duties of a county public hospital; and Removes the annual 5% limit on appropriations from a county's general fund for the improvement or enlargement of any public hospital established in the county and also allows such money to be used for the operation of a public hospital. APPROVED by Governor April 3, 2023 EFFECTIVE April 3, 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 clarifies the procedures for emergency and nonemergency continuing placement of a child or youth that a county department of human or social services (county department) or a local law enforcement agency (law enforcement) with custody of the child or youth shall follow before making the emergency or nonemergency continuing placement of a child or youth with a relative or kin. For emergency placements, the county department or law enforcement shall perform an initial criminal history record check (initial check) on the relative or kin and any adult who resides at the home (adults) using Colorado and federal databases. If the initial check reveals certain criminal convictions, the county department or law enforcement shall not place the child or youth in that home on an emergency basis. If the initial check does not reflect certain criminal convictions on the part of the adults, the child or youth may be placed in the home on an emergency basis. If the child or youth has been placed with a relative or kin on an emergency basis, the adults shall, no more than 14 days after the placement, submit a complete set of fingerprints to the county department or another designated third party to conduct a state and national fingerprint-based criminal history record check. If the results of the fingerprint-based criminal history record check reveal a felony conviction, the child or youth must be immediately removed from the placement unless there is a motion regarding placement pending before the court. A court may review the placement and affirm or deny placement of the child or youth with the relative or kin. The act sets forth the criminal offenses or other matters that qualify for the denial of placement of a child or youth with the relative or kin. A county department may make a placement with a relative or kin who would otherwise be disqualified if such placement conforms with rules promulgated by the state board of human services or if a court affirms the placement. The state board of human services is granted authority to promulgate rules concerning emergency and nonemergency, continuing placement of children and youth with relatives or kin. APPROVED by Governor March 17, 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.)