The act lists the minimum factors to be considered when determining medical necessity or appropriate level of care for an individual with an eating disorder. The act prohibits certain health benefit plans or the state medical assistance program from utilizing the body mass index, ideal body weight, or any other standard requiring an achieved weight when determining medical necessity criteria or appropriate level of care for an individual with a diagnosed eating disorder. The prohibition does not apply when determining medical necessity or the appropriate level of care for an individual diagnosed with anorexia nervosa, restricting subtype or binge-eating/purging subtype; however, body mass index, ideal body weight, or any other standard requiring an achieved body weight must not be the determining factor when assessing medical necessity or the appropriate level of care for an individual diagnosed with anorexia nervosa, restricting subtype or binge-eating/purging subtype. The act states a retail establishment engages in a deceptive trade practice if the retail establishment sells, transfers, or otherwise furnishes over-the-counter diet pills to any individual under 18 years of age. APPROVED by Governor May 30, 2023 PORTIONS EFFECTIVE May 30, 2023 PORTIONS EFFECTIVE January 1, 2024 PORTIONS EFFECTIVE July 1, 2024 (Note: This summary applies to this bill as enacted.)
Sponsored bills
The act requires the secretary of state to refer a ballot issue to voters at the November 2023 election. Most of the act only becomes effective if the voters approve the ballot issue. Beginning with the 2023 property tax year, the act establishes a limit on specified property tax revenue for local governments, excluding those that are home rule and school districts, that is equal to inflation above the property tax revenue from the prior property tax year (limit). A local government may establish a temporary property tax credit up to the number of mills necessary to prevent the local government's property tax revenue from exceeding the limit. Alternatively, the governing board may approve a mill levy that would cause the local government to exceed the limit if the governing board approves the mill levy at a public meeting that meets certain criteria. The act temporarily reduces the valuation for assessment (valuation) for certain subclasses of nonresidential and residential property for the property tax years 2023 through 2032 and creates the new subclass of renewable energy agricultural land, which is a subclass of nonresidential property. The act also establishes the residential real property subclasses of primary residence real property and qualified-senior primary residence real property and establishes administrative procedures related to the classification that are based on the procedures for the homestead exemption, with those procedures expanded to treat civil union partners like spouses. Several property tax deadlines for the 2023 property tax year are delayed because of the possible valuation reductions that are contingent on the 2023 ballot. County assessors are required to provide information to taxpayers about the new valuations for assessment and the application process for primary residence real property and qualified-senior primary residence real property. The act modifies an existing mechanism designed to reimburse local governmental entities for property tax revenue reductions by extending the backfill through 2032, incorporating the lost revenue due to the act, clarifying how the reimbursement is determined, excluding local governmental entities that have a certain amount of growth in assessed value, capping the total amount of state backfill, and eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year. If the voters approve the referred ballot issue, which the act requires to be called "proposition HH", then the state will be authorized to retain and spend revenues up to the proposition HH cap, the amount of which is determined under the act. The ability of the general assembly to continue retaining and spending this money after the fiscal year 2031-32 is contingent on the general assembly enacting future valuation reductions. The amount retained under this authority is first used in the following fiscal year to backfill certain local governments for the reduced property tax revenue as a result of the property tax changes in the act and Senate Bill 22-238 "Concerning reductions in real property taxation for only the 2023 and 2024 property tax years" and then up to $20 million for the amount of property taxes that are paid as a portion of a tenant's rent. Any remaining amounts are transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 NOTE: The act takes effect only if a majority of voters approve the ballot issue referred in accordance with section 24-77-202, and in which case the act takes effect on the date of the official declaration of the vote thereon by the governor; except that, section 3; section 39-1-104.2 (3.7); section 39-3-210 (1)(a.3), (1)(e), and (2.5); section 18; section 23; and section 24 of the act take effect upon passage. (Note: This summary applies to this bill as enacted.)
If the state exceeds its fiscal year spending limit, it is required to refund the excess state revenues (TABOR refund). The act changes the way the state will distribute a TABOR refund for the 2022-23 state fiscal year. Currently, there are 3 different methods to effectuate a TABOR refund: A reimbursement to counties for property tax revenue reductions as a result of the senior and veteran property tax exemption; A reimbursement to counties for reductions in property tax revenues due to reductions in valuation for assessment; and A six-tier sales tax refund for individual taxpayers under which refunds increase, based on the tiers, as a taxpayer's income increases. The act creates a new temporary refund mechanism (temporary TABOR refund), which is contingent on the voters approving proposition HH at the November 7, 2023, statewide election, that replaces the sales tax refund mechanism for the 2022-23 state fiscal year. Under this mechanism, each qualified individual is eligible to receive an identical refund payment from the remaining excess state revenues from all sources after refunds are made through the county reimbursement mechanisms (remaining excess state revenues). A qualified individual filing a single return is entitled to one temporary TABOR refund, and 2 qualified individuals filing a joint return are entitled to 2 temporary TABOR refunds. APPROVED by Governor May 24, 2023 PORTIONS EFFECTIVE May 24, 2023 PORTIONS EFFECTIVE January 1, 2024 NOTE: Section 2 of the act states that section 1 of the act takes effect only if, at the November 2023 statewide election, a majority of voters approve the ballot issue submitted for their approval or rejection pursuant to section 24-77-202, C.R.S., as enacted by Senate Bill 23-303 and that if the voters at the November 2023 statewide election approve the ballot issue, then section 1 of this act takes effect on the later of January 1, 2024, or the date of the official declaration of the vote thereon by the governor. (Note: This summary applies to this bill as enacted.)
Section 1 of the act requires the public utilities commission (commission), if relying on a discount rate when calculating the net present value of future carbon-based fuel costs as part of a utility's electric resource plan, to apply a discount rate that does not exceed the long-term rate of inflation. The commission is required to determine an appropriate rate of inflation specifically for fuel costs. Section 2 requires the commission to establish rules to limit the amount of rate case expenses that an investor-owned electric or gas utility may recover from the utility's customers. In reviewing an investor-owned utility's application to modify base rates, the commission is required to certify that sufficient information is included in the application, including a comprehensive cost and revenue requirement analysis. Section 3 prohibits an investor-owned electric or gas utility from recovering various costs from its customers, including: More than 50% of annual total compensation or of expense reimbursement for a utility's board of directors; Tax penalties or fines issued against the utility; Investor-relation expenses; Certain advertising and public relations expenses; Lobbying and other expenses intended to influence the outcome of local, state, or federal legislation or ballot measures; Charitable giving expenses; Certain organizational and membership dues; Certain political contributions or expenses; Travel, lodging, food, or beverage expenses for the utility's board of directors and officers; Gift or entertainment expenses; Expenses related to aircraft for a utility's board of directors and officers; and Expenses related to unregulated products or services sold or provided by a utility. If an investor-owned utility recovers prohibited costs, the commission may assess a nonrecoverable penalty against the utility and is required to order the utility to refund the amount improperly recovered to its customers, plus interest. An investor-owned utility is required to file an annual report with the commission on the utility's compliance with the cost recovery prohibitions, which report must include the purpose, payee, and amount of any expenses associated with costs and activities not permitted to be recovered from customers. Section 4 requires that, on or before November 1, 2023, an investor-owned gas utility file with the commission for the commission's approval, amendment, or denial a gas price risk management plan that includes proposals for addressing the volatility of fuel costs recovered from the utility's customers pursuant to the utility's gas cost adjustment filings. Section 4 requires the commission to adopt rules, on or before January 1, 2025, to help protect investor-owned electric or gas utility customers from the volatility of gas prices by establishing mechanisms that align an investor-owned utility's financial incentives with the financial interests of its customers regarding incurred fuel costs. In adopting the rules, the commission is required to consider mechanisms to create a financial incentive for an investor-owned utility to improve its electricity production cost efficiency while minimizing its fuel costs. As part of its rules, the commission shall also consider, to the extent such information is relevant, each investor-owned electric or gas utility's financial health and corresponding impacts on customer affordability. Section 4 also requires the commission to open a proceeding to investigate whether and how residential and other development in certain geographic areas drive natural gas infrastructure costs for any natural gas utility that serves more than 500,000 customers in the state. After completing the investigation, the commission shall consider whether alternative infrastructure, service investments, or other actions by the utility could mitigate impacts of such development on nonparticipating or income-qualified utility customers. Section 5 requires: On or before December 31, 2023, each regulated gas utility to remove from the utility's rate tariffs incentives offered to an applicant applying for natural gas service to establish gas service to a property; The Colorado energy office to contract with an independent third party, on or before July 1, 2024, to evaluate the risk that stranded or underutilized natural gas infrastructure investments pose, including the risk posed to utility employees and contractors, and the annual projected rate impact that such stranded assets have on utility customers; The commission to determine whether any changes to rules or depreciation schedules are warranted based on its review of the evaluation contracted by the Colorado energy office; An investor-owned gas utility to provide the commission information, including a map, about the utility's gas distribution system pipes; An investor-owned gas utility to refrain from penalizing or charging a fee to a customer that voluntarily terminates gas service. The commission may adopt rules to establish standards for a customer's voluntary disconnection from an investor-owned gas utility's gas distribution system. On or before January 1, 2024, the commission to examine existing investor-owned electric utility tariffs, policies, and practices to determine if they pose a barrier to the beneficial electrification of transportation and buildings and determine whether requiring a customer that seeks to interconnect distributed energy resources or beneficial electrification resources to bear the full incremental cost of transformer or service upgrades needed for such interconnection imposes an undue burden on the customer. Section 6 requires the commission to allow a wholesale customer of an investor-owned utility to intervene in a proceeding regarding the commission's consideration of the investor-owned utility's application for cost recovery from customers if the wholesale customer has a demonstrated interest in the proceeding. Section 7 appropriates for the 2023-24 state fiscal year: $1,347,554 from the public utilities commission fixed utility fund to the department of regulatory agencies for use by the commission, with $713,745 reappropriated to the department of law; and $142,749 to the department of law from the legal services cash fund from revenue received from the Colorado energy office that originates as custodial federal funds that the office has authority to expend. APPROVED by Governor May 11, 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.)
In 2021, the general assembly enacted Senate Bill 21-175, concerning the Colorado prescription drug affordability review board, which created the prescription drug affordability review board (board) in the division of insurance (division) and an affordability review process whereby the board may review costs associated with, and establish upper payment limits for, certain prescription drugs. The 2023 act makes certain changes concerning the board. Section 1 clarifies which actions taken by the board are "board activities", as this term is used elsewhere. Section 2 states that staff members and contractors of the division must disclose any conflict of interest related to a prescription drug for which the board is conducting an affordability review or establishing an upper payment limit. Such a disclosure remains confidential if it relates to a personal association. The board, upon review of a disclosure, may direct the staff member or contractor of the division to recuse themselves. Section 3 allows the chair of the board to cancel or postpone a board meeting for good cause. Section 4 makes certain changes to the procedure by which the board identifies prescription drugs that may be subjected to an affordability review, which changes take effect January 1, 2025, and requires the board to report on its public web page certain information regarding its considerations. Under current law, the board may not establish an upper payment limit for more than 12 prescription drugs per calendar year for 3 years, beginning April 1, 2022. Section 5 lets the board establish an upper payment limit for up to 18 prescription drugs per calendar year if the board determines that there is a need and has sufficient staff support. Section 6 establishes that an upper payment limit for a prescription drug is not a final agency action that is subject to judicial review until the board promulgates a rule establishing the upper payment limit. Sections 6 and 7 remove certain language concerning a process for appealing decisions of the board. Sections 8 and 9 extend the repeal and associated sunset review of the board from September 1, 2026, to September 1, 2031. Section 10 establishes that a denial of a request for benefits for a prescription drug that is unavailable in the state because a manufacturer has withdrawn the prescription drug from sale or distribution within the state is an "adverse determination" for which an individual may request an independent external review. APPROVED by Governor May 10, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE January 1, 2025 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that, section 4 of the act takes effect January 1, 2025. (Note: This summary applies to this bill as enacted.)
A public safety answering point (PSAP) is a facility that is equipped and staffed to provide an emergency telephone service. The bill makes it unlawful to misuse a PSAP by: Purposefully initiating communication with the PSAP without reporting an emergency, or without reporting new or amended information related to a previously reported emergency, after being instructed by the PSAP to stop such behavior; Making a report to a PSAP representative when the person knows the information reported is false; Knowingly obstructing the administration of a PSAP; or Making any comment to a PSAP representative with the intent to intimidate or harass the PSAP representative. The bill gives a PSAP the authority to issue a warning for a violation for misuse of a PSAP or, if the PSAP representative has reason to believe the behavior is related to a behavioral health issue, authorizes the PSAP to refer the person to behavioral health services. Notwithstanding whether a person was issued a written warning, a violation for misuse of a PSAP is a civil infraction and is subject to a fine of not more than $100. (Note: This summary applies to this bill as introduced.)
Under current law, a person is immune from arrest and prosecution of certain criminal offenses if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting. The act extends the immunity to a person who does not report the overdose to an emergency responder, but aids or seeks aid for the person suffering the overdose and satisfies additional requirements related to the reporting. The act also extends that immunity from arrest and prosecution to the following criminal offenses: Unlawful possession of a controlled substance if the material, compound, mixture, or preparation contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and Unlawful distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person at a time substantially contemporaneous with the transfer, if the distribution or transfer involves certain controlled substances. The act makes it a level 1 drug misdemeanor rather than a level 3 or level 4 drug felony for unlawful distribution, dispensation, or sale of certain controlled substances if the person reports an overdose to an emergency responder, or aids or seeks aid for the person suffering the overdose, and satisfies additional requirements related to the reporting. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
The bill requires that in presidential primary elections, beginning with the 2028 presidential primary election, electors rank their 5 top choices for candidate. Each ballot counts as one vote for the highest ranked active candidate on that ballot. Votes are tabulated in rounds until 2 or fewer active candidates remain. Votes cast for a candidate who withdraws their candidacy for president of the United States and votes cast for a candidate with the fewest votes in a round of tabulation are transferred to the elector's next highest ranked active candidate on the ballot. Ties are determined by lot. Round-by-round tabulation results must be publicly reported as unofficial preliminary results beginning at the time the polls close on election day until all votes have been counted. The secretary of state must certify the results of each round of tabulation to the state chairperson and national committee of each political party that participated in the presidential primary election. The secretary of state is authorized to promulgate rules for the implementation of the ranked choice voting method for presidential primary elections. The bill also requires that for the 2024 presidential primary election, voters covered by the "Uniform Military and Overseas Voters Act" be allowed to cast votes on ballots that allow the voter to rank up to 5 candidates, including a write-in candidate, and provides for the manner in which such ballots are to be counted. Current law provides that ballots already printed that have votes cast for withdrawn, deceased, or disqualified candidates are invalid and are not to be counted. The bill makes an exception that ranked ballots with votes cast for withdrawn, deceased, or disqualified candidates for a presidential primary election are to be counted. (Note: This summary applies to this bill as introduced.)
Section 1 of the bill requires an entertainment facility with a seating capacity of 7,000 seats or more to designate and enforce at least 4% of its seating capacity as substance-free seating. Substance-free seating is defined as seating where the use of alcohol, electronic smoking devices, marijuana, and tobacco (prohibited substances) is banned. Substance-free seating must include seats that are accessible to persons with disabilities and cannot be limited exclusively to seats that are higher than or farther away from the sport or entertainment activity relative to the majority of seats at the facility. Written policies and procedures, including those that enforce the ban on prohibited substances, are required. Signs regarding the ban must be prominently displayed in and around the substance-free seating sections. Failure by an entertainment facility to comply with the requirement for designating and enforcing 4% or more substance-free seating is deemed "good cause" for refusal or denial of an alcohol beverage license renewal or initial license issuance by the state licensing authority as part of the existing regulatory scheme for such licenses. Failure to comply is also a basis for other license-related discipline, including suspension, revocation, or fine. Sections 2 and 3 make conforming amendments to the statutory scheme for regulation of smoking. Section 4 makes conforming amendments to the statutory scheme for regulation of alcohol.(Note: This summary applies to this bill as introduced.)