Rep. Matt Soper

The act designates Lunar New Year Day as an observed, but not a legal, state holiday that may be observed on the first Friday in February in each year. APPROVED by Governor June 2, 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 reclassifies various criminal offenses that are currently a felony to a different felony or misdemeanor level. The act changes the elements of some crimes to align with the new sentencing classifications. The act appropriates $32,170 from the general fund to the judicial department for probation programs and services and for capital outlay. APPROVED by Governor June 1, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)

To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended. APPROVED by Governor June 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. Section 97 takes effect only if House Bill 23-1225 becomes law and takes effect on the effective date of this act or House Bill 23-1225, whichever is later. House Bill 23-1225 took effect May 10, 2023. (Note: This summary applies to this bill as enacted.)

Current law requires the court to sentence a person convicted of 2 or more separate crimes of violence arising out of the same incident so that the person's sentences are served consecutively rather than concurrently. For offenses committed on or after July 1, 2023, the act allows a person to petition the court for a modification of the consecutive sentences imposed after at least 2 calendar years but no more than 5 calendar years after the final judgment of conviction or sentence is entered. The court may modify the terms of the sentence if the court finds substantial mitigating factors surrounding the case and if the person has demonstrated substantial actions toward rehabilitation as evidenced by engagement in positive programming; assigned work; treatment, when available; and behavior that is compliant with the rules of the facility or facilities where the person is or was placed. The act allows the court to sentence the defendant to concurrent sentences for 2 or more crimes of violence arising from the same incident when: The parties agreed to waive ineligibility for concurrent sentences; or The following factors are proven by a preponderance of the evidence by the defendant or stipulated by the parties at the sentencing hearing: The defendant has no prior felony convictions for a victim rights offense; and The defendant did not use or possess a firearm or explosive in the commission of the offense or threaten the use of a firearm or explosive during the commission of the offense; and The defendant's action did not result in serious bodily injury or death. For offenses committed on or after July 1, 2023, a defendant convicted and sentenced as an habitual offender who has been sentenced to 24 years or more and has served at least 10 calendar years of the sentence is allowed to petition the court for a modification of that sentence and any other habitual sentence. The defendant has the burden of demonstrating, by a preponderance of the evidence, that there are substantial mitigating factors regarding the circumstances of the offense or offenses or mitigating factors regarding the circumstances of the defendant at the time of conviction; that the defendant has demonstrated positive, engaged, and productive behavior in the department of corrections; and that the defendant does not currently present a risk to the community at large. If the court determines that a modification of sentence is justified, the court may resentence the defendant to a term of at least the midpoint in the aggravated range for the class of felony for which the defendant was convicted, up to a term less than the current sentence. APPROVED by Governor June 1, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)

The act requires the department of public safety (department), by June 30, 2025, to develop and maintain a statewide system (system) for victims of alleged sexual assault to monitor the status of their sexual assault evidence collection kit. The system must also provide relevant information for victims regarding the processing, custody, analysis, and destruction of evidence, as well as contact information for law enforcement and victim resources. The department is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the status of sexual assault evidence collection kits reported into the system. Under current law, the division of criminal justice (division) in the department administers the sexual assault victim emergency payment program (program), which assists victims of sexual assault with medical expenses associated with a sexual assault. The act permits a law enforcement agency to request reimbursement of costs associated with the collection of forensic evidence for a victim through the program, subject to an annual cap. The act also requires the division to develop and maintain a system to track claims, process invoices, sort information, and produce reports concerning the program. The division is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the program. For the purpose of a mandatory protection order, the act expands the definition of "until final disposition of the action". For the 2023-24 state fiscal year, $523,686 is appropriated from reappropriated funds received by the department from the Colorado crime victim services fund to the office of information technology to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)

The act establishes an annual jury appreciation day on September 5 of each year. The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by adding annual jury appreciation day. APPROVED by Governor May 24, 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 protects an individual applying for licensure, certification, or registration in a profession or occupation in Colorado (applicant), as well as a professional who is currently licensed, certified, or registered in a profession or occupation in Colorado (licensee), from having the license, certification, or registration denied to the applicant, or from discipline being imposed against the licensee, based solely on: A civil or criminal judgment against the applicant or licensee regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying actions were lawful and consistent with professional conduct and standards of care within Colorado and did not otherwise violate Colorado law; or Previous professional disciplinary action concerning an applicant's or a licensee's professional licensure in this or any other state or United States territory, if the professional disciplinary action was based solely on the applicant's or licensee's consumption, possession, cultivation, or processing of marijuana and the applicant or licensee did not otherwise violate Colorado law. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)

The act creates new and modifies existing state income tax credits to maximize federal government funding for taxpayers engaged in semiconductor and advanced manufacturing in Colorado. Specifically, the act creates a refund mechanism, available from fiscal year 2023-24 through fiscal year 2028-29, that allows a taxpayer engaged in semiconductor or advanced manufacturing to apply for conditional approval of one or more types of income tax credits based on a specified project in the state and includes the maximum amount of credit for which the taxpayer may claim a refund of 80% (refund mechanism). The income tax credit types that may be the basis for such a refund are: The 3 enterprise zone credits for qualified investments, business facility employees, and expenditures for research and experimental activities; The Colorado job growth incentive income tax credit; and 3 semiconductor manufacturing zone (CHIPS zone) credits for qualified investments, business facility employees, and expenditures for research and experimental activities, the zones for which are created in the act. Semiconductor and advanced manufacturers must apply to the Colorado economic development commission (commission) for a refund certificate approving their project and setting the maximum amount of income tax credits that the manufacturer may claim as the basis for a refund in connection with the project. In reviewing applications, the commission must prioritize taxpayers engaged in semiconductor or advanced manufacturing that have received or applied to receive matching funds under the "American Rescue Plan Act of 2021", the "Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022" (CHIPS Act), or other similar federal legislation. The CHIPS zone tax credit program created by the act is similar to the enterprise zone tax credit program in that a local government may propose an area for designation as a CHIPS zone, which designation may promote the local economy through incentivizing businesses to locate in the area. A taxpayer located in a CHIPS zone may be eligible to claim an income tax credit under existing enterprise zone statutes for the taxpayer's qualified investments, business facility employees, or research and experimental activities. However, the tax benefits of CHIPS zones are only available to taxpayers engaged in semiconductor manufacturing, as that term is defined under the CHIPS Act. All CHIPS zone tax credits must be precertified by the CHIPS zone administrator. All such credits may be used to offset a taxpayer's income tax liability or carried forward for a period not to exceed 12 years. Or, if the credits are included in a refund certificate approved by the commission pursuant to the refund mechanism, they may be used to claim a refund of 80% of the total amount of the credits. CHIPS zones may be modified or terminated at the discretion of the commission beginning in income tax year 2023 and through income tax year 2040; however, all CHIPS zones will terminate as a matter of law on December 31, 2040. The act creates, within the office of economic development (office), a temporary task force comprised of state legislators, representatives of the office, and citizens with industry experience to study the effectiveness of financial incentives and other resources intended to attract and promote the development of advanced manufacturing and other science, technology, engineering, or math (STEM) companies in Colorado during the 2023 legislative interim. The task force is required to report its findings to the general assembly and the governor by a specified date. The act amends the law regarding confidential taxpayer information to allow the department of revenue to disclose pertinent information to the office as necessary to administer the CHIPS zone tax credit program. For th 2023-24 state fiscal year, $300,1098 is appropriated from the general fund to the department of revenue and $117,583 is appropriated from the general fund to the office of the governor for implementation of the act. APPROVED by Governor May 20, 2023 EFFECTIVE May 20, 2023 (Note: This summary applies to this bill as enacted.)

In support of the use of agrivoltaics, which is the integration of solar energy generation facilities with agricultural activities, the act authorizes the agricultural drought and climate resilience office (office) to award grants for new or ongoing demonstration or research projects that demonstrate or study the use of agrivoltaics. The Colorado water conservation board (board), in consultation with the state engineer, the Colorado energy office, and the Colorado water institute, is required to study the feasibility of using floatovoltaics, which are solar energy generation facilities placed over, near, or floating on irrigation canals or reservoirs. On or before January 1, 2025, the board shall submit a written report of its findings and conclusions from the study to the legislative committees of reference with jurisdiction over agricultural matters. The director of the division of parks and wildlife is required to consult on the impacts on wildlife of: Any research projects for which the office awards money to study the use of agrivoltaics; and A project that the board finances to study the feasibility of using floatovoltaics in the state. The act exempts certain agrivoltaic equipment from property taxation if the equipment is used in the required manner and amends the statutory definition of "solar energy facility", used in determining the valuation of public utilities for property tax purposes, to include agrivoltaics and floatovoltaics. The act requires the commissioner of agriculture (commissioner) to study greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector, including soil health management practices, the use of dry digesters, and the potential for creating and offering a certified greenhouse gas offset program and credit instruments in the agricultural sector. To perform the study, the commission must consult with the Colorado energy office, the air quality control commission, the natural and working lands task force, the Colorado state forest service, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research. On or before October 1, 2024, the commissioner shall submit to the general assembly a progress report on the study and, on or before October 1, 2025, a final report, which must include any legislative and regulatory recommendations. The commissioner, in consultation with the Colorado energy office and the air quality control commission, may adopt rules to implement recommendations from the study that do not require legislative changes. Any greenhouse gas offset program or other greenhouse gas reduction and carbon sequestration program or mechanism that the commissioner establishes in rule must not mandate participation by agricultural producers. The act appropriates $611,870 for the 2023-24 state fiscal year from the general fund to the department of agriculture for use by the commissioner's office and administrative services, with $500,000 of the money appropriated for agrivoltaic project grants. APPROVED by Governor May 18, 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 prohibits the reintroduction of gray wolves unless the United States secretary of the interior promulgates rules making the gray wolf population a nonessential experimental population, which gives the state greater flexibility to manage the wolves. VETOED by Governor May 16, 2023 (Note: This summary applies to this bill as enacted.)