The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/hb24-1447-bill-summary (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act modifies existing warranty of habitability laws by clarifying actions that constitute a breach of the warranty of habitability (breach) and procedures for both landlords and tenants when a warranty of habitability claim (claim) is alleged by the tenant. Updates to existing warranty of habitability laws include: Establishing time frames for when a landlord must communicate with the tenant and commence remedial action after having notice of a condition related to the habitability of a residential premises; Requiring a landlord to perform conduct to address an uninhabitable condition until such condition is completely remedied or repaired; Establishing a rebuttable presumption that a landlord has failed the landlord's duty to remedy or repair a condition if the condition continues to exist either 7 or 14 days after the landlord has notice of the condition, depending on the condition at issue in the tenant's claim; Determining when a landlord is presumed to have notice of a condition; Requiring a landlord to provide a tenant with a comparable dwelling unit or hotel room for up to 60 days while the landlord addresses any uninhabitable conditions that materially interfere with the tenant's life, health, or safety; Requiring a landlord to maintain all records, including correspondence and other documentation, relevant to a tenant's claim and any remedial actions taken by the landlord; Requiring rental agreements entered into after January 1, 2025, to feature a statement in English and Spanish regarding where a tenant can report or deliver written notice of an unsafe or uninhabitable condition; Establishing procedures for when a landlord may enter the dwelling unit of a tenant to address an uninhabitable condition and identifying circumstances when a tenant may deny a landlord entry to the dwelling unit; Clarifying certain conditions or characteristics of residential premises that are considered uninhabitable; Establishing that there is a rebuttable presumption that certain conditions and characteristics of a residential premises materially interfere with a tenant's life, health, or safety; and Modifying and clarifying a tenant's option for remedies when bringing a claim against a landlord and modifying procedures for accessing those remedies. The act establishes legal standards and court procedures related to claims, including authorizing a tenant to raise a breach as an affirmative defense against a landlord's action for possession or action of collection against the tenant. The act also establishes legal standards and procedures for a landlord's defense to a claim and limitations on a tenant's claim. The act instructs the court in its calculation of actual and punitive damages for breach cases. The act prohibits retaliation and specifies what tenant actions are protected by the prohibition on retaliation and what actions constitute retaliation by the landlord. The act clarifies the jurisdiction of the attorney general and county and district courts over matters related to violations of the warranty of habitability. The act also modifies the statement included in a summons issued to a defendant in a court proceeding regarding an action for possession brought by a landlord. APPROVED by Governor May 3, 2024 EFFECTIVE May 3, 2024(Note: This summary applies to this bill as enacted.)
Section 1 of the bill defines a "repeat violator" as a person that, in a 3-year period, has committed 5 or more violations of certain air quality laws (repeat violator). Section 1 also defines a "high-priority repeat violator" as a repeat violator that, in a 3-year period, has committed 5 or more exceedances (emission exceedance) of the allowable emissions of an air pollutant in a permit (high-priority repeat violator). Section 2 requires the division of administration in the department of public health and environment (division), in the case of a violation by a repeat violator, to issue an order of compliance (order) for the violation instead of issuing a warning letter or compliance advisory or taking another informal action. The order must assess civil penalties and, in the case of a high-priority repeat violator, must require the high-priority repeat violator to conduct and submit to the division a root cause analysis for the violation, which must be submitted to the division within 90 days after the order. In connection with an order and in the case of a high-priority repeat violator, the division must require a reduction in emissions of any air pollutant applicable to an emission exceedance from any emission unit where a violation occurred in accordance with certain standards. Section 2 also clarifies that the division may assess civil penalties for air quality violations without instituting an action in district court. Section 2 also allows a person, with respect to air quality laws, to commence a civil action (action) against an alleged violator. A person shall not commence an action until at least 60 days after a notice has been provided to the executive director of the department of public health and environment, the director of the division, and the alleged violator. Except for violations of an ongoing or recurring nature, any action that is not commenced within 5 years after the discovery of the alleged violation is time barred. Section 2 also requires the division, on or before February 1, 2025, and on or before each February 1 thereafter, to prepare and post on the division's website an air quality enforcement report, which must contain certain air quality enforcement information from the previous calendar year. Section 3 requires that: In the case of a repeat violator, the division or a district court assess a civil penalty that is at least 50% of the maximum civil penalty applicable to the violation under applicable state air quality laws; and In the case of a violation by a repeat violator in a disproportionately impacted community, the division or a district court assess a civil penalty that is at least 75% of the maximum civil penalty applicable to the violation under applicable state air quality laws. On or before December 31, 2024, section 4 requires owners and operators of stationary sources to submit any reports or records that the owner or operator is required to create, maintain, or submit pursuant to federal or state law. The division must make any reports or records received available on the division's website within 30 days after receipt. Current law provides that a person that violates a local government's air quality regulations is subject to a maximum civil penalty of $300. Section 5 raises the maximum civil penalty to the amount provided by state air quality laws. Section 6 requires a district court, in a suit against a person that has violated a state law related to energy and carbon management, to award the initial complaining party any costs of litigation incurred by the initial complaining party if the court determines that the award is appropriate. Current law exempts damage awards from the state constitutional definition of "fiscal year spending", which counts toward the state's annual spending limit pursuant to state constitutional law. Section 7 adds civil penalties assessed by a state agency to the statutory definition of "damage awards".(Note: This summary applies to this bill as introduced.)
The act requires certain networks that facilitate payment transactions to make the merchant category code for firearms and ammunition available to merchant acquirers (processor) who process transactions for firearms merchants. A processor must assign the code to each firearms merchant to which the processor provides services. The attorney general's office has exclusive authority to enforce the act. Before bringing an enforcement action, the attorney general's office must notify in writing the person alleged to have violated the act. Standards are set for the notice. A violator has 30 days to cure the violation in accordance with the standards in the act. If a person violates the act and does not cure the violation, the attorney general's office may bring a civil action to seek: A civil penalty of up to $10,000 for each violation; or An injunction or equitable relief that prevents a further violation. If the attorney general's office prevails in the action, a court may issue an order requiring the violator to pay reasonable attorney fees and costs incurred in bringing the action. APPROVED by Governor May 1, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The bill creates the agricultural workforce mental health and suicide prevention program (program) in the department of agriculture (department). The purpose of the program is to address the challenges facing agricultural workers and to provide agricultural workers mental health support, suicide prevention services, and crisis management services. As part of the program, the department shall: Create a public awareness campaign to promote suicide prevention among agricultural workers; Contract with a nationally recognized nonprofit organization to offer a free and confidential crisis support hotline for agricultural workers; Develop a mental wellness plan for agricultural workers who are affected by a natural disaster and its financial and industry-related repercussions; Coordinate suicide prevention and crisis management services with state agencies, including the department of human services and the behavioral health administration; Collaborate with the behavioral health administration to ensure callers to the 988 crisis hotline and callers to the crisis support hotline are served; and Collect data on the program and recommend legislative changes as necessary. The bill requires the department to submit a report summarizing the data collected on the program and recommendations on or before September 1, 2025, and September 1 every other year thereafter, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. (Note: This summary applies to this bill as introduced.)
The act requires the public utilities commission's (commission) gas pipeline safety rules, on or before March 1, 2024, to address requirements for: The installation or reinstallation of service regulators by the owner or operator so that any vents associated with the service regulators are at least 12 inches above ground level and located in an area that is protected from external blockage; and The visual inspection of gas meters and service regulators by a qualified individual no less frequently than every 5 calendar years with intervals not to exceed 63 months and the record documentation of each inspection. The act requires the commission to promulgate rules, on or before March 1, 2024, to establish a process for determining whether an owner or operator of a natural gas distribution system (owner or operator) or a customer is responsible for the maintenance and repairs of the portion of the service line, if installed on or after August 14, 1995, and before March 1, 2024, that extends from the gas meter to the customer's primary residential or commercial structure that is serviced with natural gas (customer-owned service line). The act also requires the commission to promulgate rules, on or before March 1, 2024, requiring an owner or operator that distributes gas to a customer-owned service line installed by the owner or operator on or after March 1, 2024, to: Provide written notice to the customer, within 90 days after the installation of the customer-owned service line, informing the customer whether the owner or operator or the customer is responsible for the maintenance and repairs of the customer-owned service line; and Use best efforts to obtain a signed copy of the written notice from the customer. An owner or operator that fails to obtain a signed copy of the written notice must either maintain proof of efforts to obtain the customer's signature or document the customer's refusal to provide a signature. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)
The act restricts a landlord, with certain exceptions, from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. A landlord may not require a prospective tenant to have an annual income that exceeds 200% of the annual cost of rent. A landlord who violates one of the new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a penalty of $2,500, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees. A violation is also an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division. The act prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of 2 monthly rent payments. The act allows a tenant who is subject to an eviction action to assert as an affirmative defense that the tenant's landlord has violated or is in violation of certain state laws concerning unfair housing practices. APPROVED by Governor June 6, 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 expands the methods by which the state, a county, a city and county, or a municipality (jurisdiction) may deliver a notice of violation when a traffic violation is detected through the use of an automated vehicle identification system (system) to include not just personal service, but also first-class mail and mail delivery services that are equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price. The act changes the deadline by which a jurisdiction is required to issue and send by mail, personal service, or other delivery service a notice of violation when a traffic violation is detected through the use of a system from 90 days after the violation to: 30 days after the violation if the motor vehicle involved is registered in the state; or 60 days after the violation if the motor vehicle involved is registered outside of the state. The act specifies the information required in a notice of violation and a civil penalty assessment notice. If the registered owner of the vehicle (owner) fails to request a hearing to dispute the alleged violation or fails to pay the civil penalty in full by the deadline stated in the notice, the owner waives the right to contest the violation or amount of the penalty, and the jurisdiction is required to enter a final order of liability against the owner. Any appeal of a final order must be brought in the county court in the county where the alleged violation occurred or the municipal court in the municipality where the alleged violation occurred. The act also stipulates that a jurisdiction may not initiate or pursue a collection action against an owner unless the owner is personally served the notice of violation or the final order of liability. The act requires a jurisdiction implementing a new system after July 1, 2023, to: Announce the implementation of the system through its website for at least 30 days prior to the use of the system; and Issue only warnings for traffic violations detected by the system for the first 30 days after the system is installed or deployed. Current law prohibits a jurisdiction from enforcing a penalty for a violation that is detected using a system unless the violation occurred within a school zone; within a residential neighborhood; within a maintenance, construction, or repair zone; or along a street that borders a municipal park. The act expands this list to include an automated vehicle identification corridor (corridor). A county or municipality may designate all or a portion of a street as a corridor within which the county or municipality may locate a system to detect traffic violations under specified circumstances. Before a county or municipality creates a corridor, it must: Post a permanent sign in a conspicuous place not fewer than 300 feet before the beginning of the corridor and a permanent sign not fewer than 300 feet before each camera within the corridor thereafter or a temporary sign not fewer than 300 feet before any mobile camera; Illustrate, through data collected within the past 5 years, incidents of crashes, speeding, reckless driving, or community complaints on a street designated as a corridor; and Coordinate between the local jurisdiction, the department of transportation, and the Colorado state patrol. If a municipality implements a corridor, it must publish a report on its website disclosing the number of citations and revenue generated by the corridor. The act authorizes the state to locate a system on a highway that is a part of the federal interstate highway system but prohibits a county, a city and county, or a municipality from locating a system or creating a corridor on any highway that is a part of the federal interstate highway system. The act prevents a jurisdiction from requiring an owner disclose the identity of a driver of the vehicle who is detected through the use of a system. However, the owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The act permits a jurisdiction to compensate a manufacturer or vendor of system equipment for the value of services provided, in addition to compensating for the value of the system equipment as permitted under current law. The act imposes restrictions on when photographs may be taken by a system and on access to and use of photographs, video, and personally identifiable data created by systems and requires photographs and videos to be destroyed after a specified period, with certain exceptions. The act states that the provisions of current law, as amended by the act, do not apply to the use of systems for the purpose of collecting tolls, fees, or civil penalties on toll highways. APPROVED by Governor June 5, 2023 PORTIONS EFFECTIVE June 5, 2023 PORTIONS EFFECTIVE June 1, 2024 (Note: This summary applies to this bill as enacted.)
