Rep. Rod Bockenfeld

For the 2022-23 state fiscal year, the act transfers from the general fund: $5,592,930 to the capital construction fund; $4,908,395 to the real estate proceeds account that is used, subject to annual appropriation, by the adjutant general of the state for capital construction related to armories; and $499,500 to the information technology capital account of the capital construction fund. APPROVED by Governor March 3, 2023 EFFECTIVE March 3, 2023(Note: This summary applies to this bill as enacted.)

The bill requires the proposed budget allocation plan (plan) for money subject to the department of transportation's (department) jurisdiction to include the following for the department's headquarters and each engineering region designated by the department: Personnel costs including salaries and benefits; Facilities costs including utilities, maintenance, and any other expenses associated with facilities; and Any other expenses. The bill also requires the plan to include the following for any project involving the maintenance of the state highway and transportation systems: Personnel costs including salaries and benefits; Facilities costs including utilities, maintenance, and any other expenses associated with facilities; and Any other expenses. Finally, the bill prohibits the department, beginning July 1, 2024, from using an indirect or construction engineering rate for the expenses listed in its plan. (Note: This summary applies to this bill as introduced.)

The transportation commission (commission) currently consists of 11 members appointed by the governor with the consent of the senate from statutorily designated districts. If the bill is approved by the voters of the state at the November 2024 general election, on February 1, 2027, section 2 of the bill will replace the current membership of the commission with 9 members elected at the November 2026 general election, one from each congressional district of the state and one from the state at large. Thereafter, whenever the number of congressional districts in the state is odd, the membership of the commission will consist of one member elected from each congressional district of the state, and whenever the number of congressional districts in the state is even, the membership of the commission will consist of one member elected from each congressional district of the state and one member elected from the state at large. Commission members' terms are 4 years; except that: The initial terms of the members elected at the 2026 general election from the first, third, fifth, and seventh congressional districts and the initial term of the member elected from the state at large are 2 years; and Whenever congressional redistricting changes the number of congressional districts from even to odd, the term of the member of the commission elected from the state at large who is serving on the effective date of the redistricting ends upon the commencement of the terms of the members of the commission elected at the first general election held after the redistricting occurs. The governor is required to fill any vacancy that may occur in the commission. An individual appointed to fill a vacancy remains a member of the commission until the next general election and until the individual's successor is elected and duly qualified. On and after February 1, 2027, each member of the commission elected from a congressional district must actually reside in the congressional district that the member represents and any member elected from the state at large must actually reside in the state. If a member elected from a congressional district ceases to reside in the district or a member elected from the state at large ceases to live in the state, the member shall be deemed to have resigned as a member of the commission. On and after February 1, 2027, section 1 requires the commission to select the executive director of the department of transportation and specifies that the executive director serves at the pleasure of the commission; except that the executive director appointed by the governor with the consent of the senate who is serving as of February 1, 2027, remains the executive director until the commission appoints a successor, which the commission is required to do no later than July 1, 2027. Sections 3 through 11 make conforming amendments to the "Uniform Election Code of 1992" to ensure that candidates for the commission and members of the commission are treated similarly to candidates for and members of the state board of education and the regents of the university of Colorado with respect to membership on party committees, nomination as candidates, resolution of tie vote situations, election contests, and campaign finance disclosure requirements.(Note: This summary applies to this bill as introduced.)

For any election within the state taking place on or after January 1, 2024, the bill prohibits the use of voting systems that are capable of establishing wireless connections. (Note: This summary applies to this bill as introduced.)

The bill prohibits state money from being used to further certain social, political, or ideological interests beyond what controlling state and federal law require. Sections 1 to 3 of the bill apply this prohibition to the public employees' retirement association (PERA) by requiring PERA to make investments solely on financial factors and prohibiting PERA from investing in an entity with a stated purpose to further certain social, political, or ideological interests beyond what federal and state law require (nonfinancial commitment). Section 1 also: Requires that PERA ensure that a designated agent commits to following guidelines that match PERA's obligation to act solely on financial factors prior to PERA entrusting member funds to the designated agent; Requires that a designated agent ensure that a proxy advisor or other service provider has committed to following guidelines that match PERA's obligation to act solely on financial factors prior to the designated agent following a recommendation of the proxy advisor or service provider; and Gives the attorney general the authority to enforce these investment requirements. Section 2 requires PERA to invest solely in the financial interest of PERA members and beneficiaries. Section 3 clarifies that the fiduciary duties of PERA's board of trustees include the obligation to act in the financial interest of PERA members and benefit recipients. Section 4 requires a government contract to include a verification that a company entering into a government contract does not, and will not during the term of the contract, engage in an economic boycott of another company to further certain social, political, or ideological interests. Section 4 prohibits a person from penalizing a financial institution for complying with the non-economic boycott verification requirement. Section 4 also gives the attorney general the authority to enforce the newly created article. Section 5 requires the state treasurer to make investments solely on financial factors, prohibits the state treasurer from investing in entities with a stated nonfinancial commitment, and gives the attorney general authority to enforce these investment requirements. Sections 6 to 10 make conforming amendments.(Note: This summary applies to this bill as introduced.)

When a catalytic converter has been stolen from a motor vehicle, current rules of the air quality control commission require the replacement to comply with the rules of the California air resources board. The bill creates an exception that allows a person to use a replacement catalytic converter that complies with the standards established by rules of the federal environmental protection agency if: The theft has been reported to a law enforcement agency; and The owner or operator of the motor vehicle has made a reasonable effort to obtain the required replacement catalytic converter and has been unable to obtain the catalytic converter.(Note: This summary applies to this bill as introduced.)

The act requires the Colorado state patrol to develop an assessment report to identify the level of compliance by dealers, owners, keepers, or proprietors of a junk shop, junk store, salvage yard, or other secondhand property (applicable facility) with commodity metal transaction reporting requirements. The assessment report must encourage voluntary compliance and education concerning commodity metal transaction reporting requirements. The act requires applicable facilities to complete and submit the assessment report to the Colorado state patrol, and the state patrol is required to produce a summary of the reports received. The act requires the state patrol to develop an inspection form for authorities to use when inspecting applicable facilities for compliance with commodity metal transaction reporting requirements. Upon completion of the inspection form, the agency completing the inspection shall send the form to the state patrol within 2 weeks of completing the inspection. The state patrol has to provide a summary of all the statewide inspections to the commodity metal task force. The task force shall consider the report at a public meeting. The act creates the catalytic converter identification and theft prevention grant program to award grants to eligible recipients for public awareness campaigns regarding catalytic converter theft, catalytic converter theft prevention parts, assistance to victims of catalytic converter theft, and catalytic converter identification and tracking efforts. The act appropriates $300,000 from the general fund to the department of public safety for use by the Colorado state patrol. The act appropriates $105,871 from the highway users tax fund to the department of public safety for use by the executive director's office to purchase information technology services. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of preneed funeral contracts, as follows: Continues the regulation of preneed funeral contracts for 7 years, to September 1, 2029; Removes from statute the surety bond or net worth requirements for an applicant for a license to sell preneed funeral contracts and requires the commissioner of insurance (commissioner) to establish the requirements in rule; Allows the commissioner to investigate the books, records, and accounts of a contract seller without the requirement that the commissioner first receive a complaint or indication of noncompliance; Removes the fees for license renewal from statute and requires the commissioner to establish the fees in rule based on the cost of regulating the industry and the outstanding preneed contract obligations of the contract sellers; Declares money held in trust for a preneed contract is unclaimed and must be reported to the state treasurer for deposit into the unclaimed property trust fund at the earlier of: 3 years after the date on which the contract seller has knowledge of the death of the preneed contract beneficiary; the date the preneed contract beneficiary, if living, would have attained 115 years of age; or 65 years from the date that the preneed contract was executed; and Requires each funeral establishment, at the time of registration renewal, to attest to whether the funeral establishment sells preneed contracts and requires the director of the division of professions and occupations to enter into a memorandum of understanding with the commissioner to share information on funeral establishments that sell preneed contracts.(Note: This summary applies to this bill as enacted.)

The act allows a Colorado resident who is a student enrolled in an institution of higher education outside the state of Colorado the right to postpone jury duty for not more than 12 months. (Note: This summary applies to this bill as enacted.)

Under current law, a defendant is required to execute the defendant's signature on citations for a misdemeanor, petty offense, misdemeanor traffic offense, or traffic infraction to signify agreement to pay the penalties or appear in court. The act eliminates the defendant signature requirement. (Note: This summary applies to this bill as enacted.)