Rep. Naquetta Ricks

The bill makes changes to the law relating to the foreclosure of a unit owners' association's (HOA) lien on a homeowner's (unit owner's) home (unit) for unpaid HOA assessments. Prior to the HOA turning over a delinquent account to collections or to an attorney for legal action, the bill requires the HOA to send notice to the unit owner that free information about collections and foreclosures may be obtained through the department of regulatory agencies' HOA information and resource center. Further, before foreclosing on an HOA lien, the HOA shall provide notice to the unit owner that credit counseling is available at the unit owner's expense relating to the impact of foreclosure and options to avoid foreclosure. The bill limits a court's award of reasonable attorney fees that an HOA incurs when foreclosing on an HOA lien to $2,500. Further, currently, an executive board member, employee of the HOA's community association management company, and employees of the law firm representing the HOA, and such individuals' immediate family members, are prohibited from purchasing a foreclosed unit. The bill extends the individuals or entities prohibited from purchasing a foreclosed unit to include a community association management company representing the HOA and an individual who was a board member, employee of the HOA's community association management company, or employee of the law firm representing the HOA, or such individuals' immediate family members, during any of the 5-year period preceding the foreclosure sale, as well as a business entity owned by or affiliated with a community association management company or such individuals. The bill establishes a minimum initial bid amount for the HOA's sale at auction of a unit after foreclosure of the HOA's priority lien for assessments. The amount of the HOA's initial bid at auction must be at least the amount necessary to satisfy the HOA lien foreclosed, the liens for unpaid real estate taxes or other government taxes, and the first mortgage secured by the unit, as well as an amount equal to 60% of the unit owner's equity in the unit, as determined in accordance with the bill, unless the percentage of equity included in the bid amount is decreased by agreement of the unit owner and the HOA. The bill authorizes a different minimum bid amount if the unit owner does not have equity in the unit at the time of the foreclosure sale. Further, the HOA is required to include the minimum bid amount and the information necessary to calculate the minimum bid in the lis pendens filed with the county clerk and recorder in the county where the unit is located. For purposes of notice of the sale of a unit at auction, the bill amends the mailing list to include the unit owner's address listed in the county assessor's records for the unit, if that address is different from the property address, as well as the address of the unit owner's property manager employed by the unit owner, if that person is known to the HOA. The bill applies to HOA liens foreclosed on or after October 1, 2024. (Note: This summary applies to this bill as introduced.)

The bill creates a medical marijuana independent delivery license and a retail marijuana independent delivery license (licenses) to deliver and sell respective marijuana and marijuana products to consumers at permissible delivery locations. A person must have a social equity license to be issued the licenses. The department of revenue (department) is required to promulgate rules concerning the licenses. The bill creates an accelerator independent deliverer license, accelerator hospitality business license, and accelerator transporter license for social equity licensees qualified to participate in the accelerator program. The bill defines "permissible delivery locations" to establish where licensees with delivery privileges may deliver to consumers. The bill adds mandatory and permissive rule-making authority to the department concerning social-equity-related matters. The bill allows a marijuana hospitality licensee with a mobile facility to temporarily suspend its license privileges related to mobility in order to conduct non-marijuana commercial activities. The bill adds mandatory rule-making authority to the department concerning these matters. Beginning January 31, 2026, the bill requires the state licensing authority to provide an annual report to the finance committees of the house of representatives and the senate concerning active social equity or accelerator licenses and licensees, recommendations for new social equity or accelerator licenses, and recommendations for new or innovative funding sources for the social equity program. The department is required to convene a new, or utilize an existing, working group of persons to develop recommendations for the annual report. Effective April 1, 2025, the bill amends the eligibility requirements for a person to qualify as a social equity licensee. The new eligibility requirements do not apply to licensee applications or licenses issued before April 1, 2025, except for a limited exception. The bill eliminates the $1 surcharge applied on deliveries. The bill requires the department of regulatory agencies, as part of its sunset review of the "Colorado Marijuana Code" in 2028, to review social equity licensing and the licenses. Under current law, there is the marijuana entrepreneur fund within the office of economic development that provides grants and loans to support marijuana industry entrepreneurs. The bill creates a new permissible grant for local jurisdictions that establish a social equity licensing program. The bill creates a tax credit for an accelerator-endorsed licensee who hosts and offers technical and capital support to a social equity licensee for at least 12 consecutive months. An eligible accelerator-endorsed licensee may claim up to $50,000 and may carry it forward as a credit against subsequent years' income tax liability for a period not exceeding 5 years. The tax credit may be claimed for tax years 2026 through 2035. The bill amends the statutory provision concerning the retail marijuana sales tax to state that a retailer is not allowed to retain any portion of the retail marijuana sales tax collected to cover the expenses of collecting and remitting the tax. (Note: This summary applies to this bill as introduced.)

The bill prohibits the offer for sale of any counterfeit lighter, unsafe lighter, or novelty lighter. The bill does not prohibit: The interstate transportation of counterfeit lighters, unsafe lighters, or novelty lighters through this state; or The storage of counterfeit lighters, unsafe lighters, or novelty lighters in any distribution center or warehouse if such distribution center or warehouse is closed to the public and does not distribute or sell, at retail, such lighters to the public.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Subject to limited exceptions, current law requires that a victim's name and identifying information be deleted from criminal justice records released to the public if the person was a victim of certain sexual offenses. The act permits the release of unredacted records to the named victim, victim's designee, or victim's lawful representative. Subject to limited exceptions, current law requires that a child's name and identifying information be deleted from criminal justice records released to the public if the child was a victim of or witness to a criminal offense. The act permits the release of unredacted records to the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, county attorneys, and a named child victim's lawful representative. This release requirement must be implemented by July 1, 2024. The act clarifies that changes in 2023 to the law related to records of child victims and child witnesses apply to records pertaining to offenses committed on or after January 1, 2024. For records pertaining to earlier offenses, the law in effect prior to January 1, 2024 applies. APPROVED by Governor February 20, 2024 EFFECTIVE February 20, 2024(Note: This summary applies to this bill as enacted.)

To help serve persons with behavioral health needs who are enrolled in medicaid, the act requires managed care entities (MCE) to enter into single case agreements with willing providers of behavioral health services enrolled in the medical assistance program when network development and access standards are not met and a member needs access to a medically necessary behavioral health service. The act sets forth the requirements for single case agreements created by an MCE. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)

The act requires that, to receive an associate degree through the Colorado re-engaged initiative, a student must not have received 15 or more credit hours from a community college or occupational education institution before transferring to the initiative. APPROVED by Governor June 7, 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.)

Under current law, the borrower in a reverse mortgage transaction is relieved of the obligation to occupy the subject property as a principal residence (principal-residence requirement) if the borrower is temporarily absent for up to 60 days or, if the property is adequately secured, for up to one year. The act adds a third exception to the principal-residence requirement to cover situations in which a natural disaster or other serious incident beyond the borrower's control (force majeure) renders the property uninhabitable, in which case the reverse mortgage does not become due and payable if: The borrower is engaged in repairing the home with the intent of reoccupying the home as a principal residence or selling the home; The borrower stays in communication with the lender while the home is being repaired; The borrower complies with all other terms and conditions of the reverse mortgage; and Repairing or rebuilding of the home does not reduce the lender's security. The act requires that the lender disclose these conditions suspending the repayment requirement on a reverse mortgage due to a force majeure to the borrower in writing at the time of closing. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023(Note: This summary applies to this bill as enacted.)

Beginning on January 1, 2024, the state and any local government in the state or any agency, officer, employee or agent of the state or a local government (governmental entity) is prohibited from: Entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; Selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity; Paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity; Receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; or Giving financial incentives or benefits to a private entity in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity. Nothing in the act prohibits a governmental entity from providing heath and safety resources to individuals who are being detained for immigration purposes or a local government from contracting for health, utility, and sanitation services to immigration detention facilities. Beginning on January 1, 2024, a governmental entity is prohibited from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). In addition, a governmental entity with an existing immigration detention agreement is required to exercise the termination provision contained in the agreement by January 1, 2024, or as soon as possible within the terms of the immigration detention agreement if termination by January 1, 2024 is not possible. 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.)