Beginning July 1, 2023, the act classifies a wildlife officer and a parks and recreation officer employed by the division of parks and wildlife (division) in the department of natural resources (department) and hired on or after January 1, 2011, as a state trooper for the purpose of determining the officer's public employees' retirement association service retirement eligibility and benefit. For the 2023-24 state fiscal year, $236,364 is appropriated from the wildlife cash fund to the department for use by the division for wildlife operations and $168,070 is appropriated from the parks and outdoor recreation cash fund to the department for use by the division for state park operations. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
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The act requires the supreme court to select members of the commission on judicial discipline (commission) who are district and county judges from nominee pools created by the state court administrator. Upon a vacancy of a district judge or county judge member, the state court administrator shall create a nominee pool of 10 district or county judges, as appropriate. When making its selection, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county. The office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel (judicial oversight entities) are required to provide requested material to the commission within 14 calendar days after the request, and a judicial oversight entity may not withhold requested material through a claim of privilege or confidentiality. A provision in a contract entered into after the effective date of the act that prohibits a judicial oversight entity from disclosing information to the commission is void as against public policy and is unenforceable. The rule-making committee that is established in the constitution to propose rules for the judicial discipline process shall provide the commission and judicial discipline adjudicative board (board) with reasonable notice before proposing any new rule or amendment and requires the committee to post notice of each rule change and allow for public comment concerning proposed changes. Current law requires the commission to maintain annual data and statistics related to its work and judicial misconduct allegations. The act requires the commission to maintain additional information and requires the commission to include the data and information in its annual report and make the data and information available online in a searchable format. The act permits a person to submit a request for evaluation of judicial misconduct by mail or online and to submit a confidential or anonymous request for evaluation. The office of judicial discipline (office) is required to develop an online request for evaluation form that is accessible from the commission's public website. The office shall provide complainants with information about the judicial discipline process, the status of the complainant's request, and any subsequent investigation and disciplinary or adjudicative process. The act requires a judge member of a board panel hearing a judicial discipline proceeding to provide administrative staff support for the panel. The act repeals the statute establishing the legislative interim committee on judicial discipline and statutory provisions concerning the confidentiality of judicial discipline investigation records, including repealing the penalty for disclosing confidential information. The portions of the act concerning the selection of judge members of the commission, the board, and judicial discipline rule-making take effect only if House Concurrent Resolution 23-1001 is approved by the people at the general election to be held November 2024. The act appropriates $126,986 to the judicial department for use by the commission for the office. 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; except that portions of the act shall take effect only if House Concurrent Resolution 23-1001 is approved by the people at the general election to be held November 2024 and will take effect on the date of the official declaration of the vote on said Concurrent Resolution 23-1001 by the governor; except that, if a referendum petition is filed pursuant to this act, then the act or section will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (Note: This summary applies to this bill as enacted.)
Current law prohibits racing of greyhounds in Colorado; however, it is legal to wager on greyhound races that are conducted at out-of-state race tracks and simulcast for viewing in off-track betting venues in Colorado. The act makes it unlawful in Colorado to wager on any race of greyhounds that is conducted at, and simulcast from, a track that is outside of Colorado. The act also creates the greyhound welfare and adoption fund and requires that, of the money that is paid to the department of revenue by licensees for the privilege of conducting races and operating in-state simulcast facilities, the department must transfer to the fund: $25,000 on January 1, 2025; and $50,000 on January 1, 2026. The fund is repealed, effective August 1, 2026. APPROVED by Governor June 2, 2023 EFFECTIVE October 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The concurrent resolution amends section 23 of article VI of the Colorado constitution as it relates to judicial discipline. The resolution permits the general assembly to provide in law the process for the supreme court to select the judge members of the Colorado commission on judicial disciple (commission). The resolution specifies that the commission may dismiss complaints and repeals the commission's authority to request appointment of special masters. The resolution repeals the commission's authority to order formal judicial disciplinary proceedings be held before the commission and creates an independent adjudicative board (board) to conduct formal proceedings and hear appeals of the commission's orders imposing informal sanctions. The board is comprised of 4 district court judges, 4 attorneys, and 4 citizens. The resolution prohibits a member of the commission from being appointed to the board and prohibits a member of the board from being appointed to the commission. A randomly selected panel of the board (panel), comprised of one judge, one attorney, and one citizen, conducts formal proceedings in a case. The resolution permits the panel to dismiss a complaint, impose informal sanctions, or impose formal sanctions. The resolution sets the standards of review to be used by the supreme court when it reviews a panel's decision. The resolution requires a tribunal of 7 randomly selected court of appeals and district judges to review the panel's decision when: The proceedings involve a complaint against a Colorado supreme court justice; a Colorado supreme court justice, a staff member to a justice, or a family member of a justice is a complainant or a material witness in the proceeding; or more than 2 justices have recused themselves from the proceeding. The tribunal reviews the panel's decision in the same manner and using the same standards of review as the supreme court does when it reviews panel decisions. Under existing law, commission proceedings are confidential until the commission files recommendations with the supreme court. The resolution makes proceedings public at the commencement of formal proceedings but clarifies that appeals of informal remedial sanctions to the board are confidential. The resolution clarifies that a person is absolutely immune from any action for defamation based on papers filed with or testimony before the commission, adjudicative board, supreme court, or a tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information. The resolution creates a rule-making committee to adopt rules for the judicial discipline process. The rule-making committee consists of 4 members appointed by the supreme court, 4 members appointed by the board, 4 members appointed by the commission, and one victim's advocate appointed by the governor. The rules must include the standards and degree of proof to be applied in judicial discipline proceedings; confidential reporting procedures; and complainant rights. The Colorado rules of evidence and Colorado rules of civil procedure apply to proceedings before a panel until and unless the rule-making committee promulgates rules specifically governing panel proceedings. (Note: This summary applies to this concurrent resolution as adopted.)
The act authorizes the department of agriculture (department) to create the Colorado wild horse management project (wild horse project) as a nonprofit, state-owned corporate entity that manages and operates programs benefitting wild horses and supports wild horse management. The director of the wild horse project will be selected by a committee of the governor, the commissioner of agriculture, the executive director of the department of natural resources, the majority leader of the house of representatives, and the minority leader of the senate. The wild horse project has the same powers as a nonprofit corporate entity. Until December 31, 2027, the department must annually report on the project to the governor, the joint budget committee, and the appropriate joint legislative committee at the department's "SMART Act" hearings. The wild horse project may seek federal payment, gifts, grants, and donations for wild horse management support activities. On the effective date of the act, the state treasurer is required to transfer $1.5 million from the general fund to the wild horse project fund, which is created for use by the wild horse project and, until the project is created, the department. The money is continually appropriated for the purposes of the act. The wild horse project must establish a working group to identify and pursue long-term solutions for wild horses that are removed from federal horse management areas or held in federal facilities and make recommendations to the governor and the general assembly. The working group will have representation from the executive branch, the legislative branch, nonprofit organizations, businesses, the western slope, and the ranching community. The Colorado state director of the federal bureau of land management (bureau), the Southern Ute Tribe, and the Ute Mountain Ute Tribe may appoint representatives to the working group. The wild horse project must oversee the wild horse stewardship program, created to help manage range health and infrastructure, and the wild horse fertility control program, created to manage the wild horse herd population by collaborating, coordinating, and training people and entities to manage wild horse populations. The department must support the wild horse project through grants and contracts to assist with managing wild horse populations using fertility control methods, subject to approval by the bureau, until the wild horse project is created and commences its own program to manage wild horse populations. The department must also coordinate with certain interested parties. To implement the act, $1,654 is appropriated from the general fund to the legislative department for use by the general assembly, and $21,148 is appropriated from the legal services cash fund to the department of law. APPROVED by Governor May 20, 2023 EFFECTIVE May 20, 2023 (Note: This summary applies to this bill as enacted.)
The act extends the community crime victims grant program (grant program) 5 years from the current repeal date of September 1, 2023, to September 1, 2028, and requires a sunset review of the grant program before the grant program's future repeal. The act allows the department of public health and environment to use money appropriated to the community crime victims grant program cash fund for the 2022-23 state fiscal year in the 2023-24 state fiscal year. APPROVED by Governor May 17, 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 extends the advanced industry export acceleration program, which was scheduled to end on January 1, 2025, and the advanced industries acceleration grant program, which was scheduled to end on July 1, 2024, by 10 years. Through March 1, 2023, the state treasurer annually credited to the advanced industries acceleration cash fund an amount equal to one-half of the bioscience and clean technology income tax withholding growth. The act extends this funding mechanism by 2 years. Additionally, the advanced industry export acceleration program allows a qualifying business that meets certain eligibility criteria to receive an international export development expense reimbursement. The act removes the eligibility criterion that requires a qualifying business to show a profit during the last fiscal year. APPROVED by Governor May 17, 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.)
Currently, certain persons licensed to sell alcohol beverages (licensee) may apply for a permit to hold a festival. The act makes the following changes to the festival permitting process: Requires the licensee to file a permit application at least 30 calendar days before the festival, which increases the current requirement of at least 10 business days before the festival; Increases the fee for a permit from $25 annually to $50 per festival; Authorizes a licensee to jointly participate in up to 52 festivals held by other licensees; and Changes the window during which festivals are counted for the purpose of determining how many festivals a licensee holds or participates in from 12 months after the issuance of a permit to a calendar year. APPROVED by Governor May 17, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
The act directs the state treasurer to transfer $26 million from the general fund to the Colorado firefighting air corps fund for use by the division of fire prevention and control to purchase a fire hawk helicopter configured for wildfire and other public safety response needs. APPROVED by Governor May 12, 2023 EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)