Rep. Elisabeth Epps

In 2016, the general assembly enacted HB 16-1284, which requires the public employees' retirement association (PERA) to periodically identify all companies that have economic prohibitions against Israel and to divest all direct holdings of those companies from its assets and prohibits PERA from acquiring new direct holdings in any of those companies. The bill repeals the statutory provisions enacted in HB 16-1284.(Note: This summary applies to this bill as introduced.)

In conformance with federal law, the act repeals the allowance for a corporation to issue a scrip in bearer form upon the holder surrendering enough scrip to equal a full share. 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.)

The act requires all courts in Colorado to provide remote access for the public to observe any criminal court proceeding conducted in open court, unless: The court does not have the technology available to do so; The court has ordered that the public is excluded from the proceeding; Technology, staffing, or internet issues limit or prevent remote observation; or After a request or on the court's own motion, the court makes findings that: The remote observation of live proceedings risks compromising the safety of any person, the defendant's right to a fair trial, or the victim's rights; and There is no less restrictive alternative that preserves the public interest in remote observation. The act also requires the court to post links on its website for the remote observation. The also act requires the court to: Take reasonable steps to ensure that no audio or visual transmission of privileged, confidential communications occurs; and If a proceeding is subject to a sequestration order, take reasonable steps to ensure compliance with the sequestration order. If a court does not have sufficient existing staff or technology to allow remote observation to the public but later obtains such staff or technology, the act requires the court to comply with the act within 90 days after obtaining the necessary staff or technology. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

The act repeals obsolete provisions in title 39 as follows: To conform with the expiration of the tax credit previously allowed for category 2 and category 3 motor vehicles, the act repeals the tax credit and the definitions of category 2 and category 3 motor vehicles; The act repeals the obsolete definition of "Colorado company, limited liability company, or partnership" in the law regarding tax modifications for net capital gains; To conform with the expiration of the tax credit previously allowed for employers who hired a person with a developmental disability, the act repeals the tax credit; and The act repeals a provision relating to an exemption for tax paid by an independent contractor under certain conditions that was only applicable before July 1, 1979. 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.)

The act states that a public or private institution of higher education (institution) may identify, create, solicit, facilitate, and otherwise enable opportunities for a student athlete to earn compensation for the use of the student athlete's name, image, or likeness so long as the institution first acquires the consent of the student athlete. An institution that solicits such an opportunity for a student athlete must inform the student athlete of the solicitation within 72 hours after the solicitation. The act states that a charitable organization that is not an institution and that is exempt from taxation under federal law may compensate a student athlete for the use of the student athlete's name, image, or likeness. 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 requires the state treasurer to transfer $95,000 from the general fund to the natural disaster mitigation cash fund to defray expenses incurred by the natural disaster mitigation enterprise (enterprise) before the enterprise receives fee revenue or revenue bond proceeds. The transfer is a loan from the state treasurer to the enterprise that is required to be repaid and is not a grant for purposes of the state constitution or any other state law. The enterprise is required to repay the loan and accumulated interest by December 31, 2025. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

In 2021, Senate Bill 21-271 adjusted misdemeanor penalties for a variety of offenses described in the Colorado Revised Statutes, including the penalty for certain offenses involving the operation of a commercial motor vehicle. This penalty was changed from a misdemeanor to a class A traffic infraction. However, despite making this change, Senate Bill 21-271 retained certain language that describes the punishment for the former misdemeanor offense. The act clarifies that the penalty for the described offenses involving a commercial motor vehicle, including operating a commercial motor vehicle without a commercial driver's license, is $100, to be accompanied by a $15 surcharge. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

Under current law, a court may only grant a no-knock search warrant under certain circumstances. The act adds a requirement that there is either probable cause for an arrest of a suspect or no-knock entry is necessary because of a credible threat to the life of any person including the executing officers. The act requires a peace officer executing a search warrant on a dwelling to: Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge authorizes execution at another time; Be readily identifiable as a law enforcement officer in uniform, wearing a visible law enforcement badge; Wear and activate a body-worn camera when entering a premises; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except when the court authorizes a no-knock warrant or if the circumstances known to the officer at the time provide a objectively reasonable basis that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself. The act requires a peace officer who makes a warrantless entry into a dwelling to: Wear and activate a body-worn camera when entering a premises for the purpose of enforcing the law; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because: An emergency threatens the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or The officer is in hot pursuit of a fleeing suspect. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

The act corrects several defective cross references in the tax statutes. First, the act adds an omitted cross reference regarding the electronic filing of returns with the executive director of the department of revenue in the statute that addresses the date of receipt of tax returns. Next, the act corrects the cross reference to applicable definitions when calculating the state income tax of an electing pass-through entity owner. Finally, the act corrects the cross reference used to exclude regulated marijuana products from the definition of "agricultural commodities" for purposes of a "wholesale sale" under the state sales tax. APPROVED by Governor June 5, 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 establishes several measures that protect the best interests of a child or youth and that will not hinder reunification with the child's or youth's family when the child or youth has been temporarily placed outside the family home with a relative or kin (relative), including: Permitting a relative to appeal when denied placement of the child or youth with the relative; Requiring the department of human services (department), to use reasonable efforts to help a relative whose barrier to caring for the child or youth is a lack of resources; Amending the court's advisement to the parent so it is consistent with changes to statute; Specifying what information should be included in a notice to relatives when the child or youth has been removed from the child's or youth's home; Requiring that courts give preference to a relative unless placement with that relative would negatively affect the child's or youth's mental, physical, or emotional needs, or hinder reunification with the child's or youth's family; Providing options for a relative to be allowed to participate in a child's or youth's care and planning; Creating a rebuttable presumption that placement with a relative is in the child's or youth's best interest. The presumption may be rebutted by a preponderance of the evidence, giving primary consideration to the child's or youth's mental, physical, and emotional needs, including the child's or youth's preference regarding placement. Requiring that caseworkers inform the court of efforts to identify and place a child or youth with a relative. Foster parents who have the child or youth in their care for 12 months or more may intervene, as a matter of right, with or without counsel, following adjudication. The purpose of intervention is to provide knowledge or information concerning the care and protection of the child or youth, including the child's or youth's mental, physical, and emotional needs. For the 2023-24 state fiscal year: $13,879 is appropriated to the department of human services from the general fund for use by the division of child welfare for Colorado TRAILS for the implementation of this act; and The general assembly anticipates that the department of human services will receive $7,473 in federal funds for use by the division of child welfare to assist in the implementation of this act. APPROVED by Governor June 5, 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.)