The act creates a right of first refusal and a right of first offer for local governments to make an offer to purchase certain types of multifamily rental properties. Both the right of first refusal and the right of first offer terminate on December 31, 2029, and a local government is not entitled to exercise either right after that date unless the local government exercised the right before December 31, 2029 and the process has not concluded. For multifamily rental properties that are existing affordable housing consisting of not less than five units, a local government has a right of first refusal to make a matched offer for the purchase of such property, subject to the local government's commitment to using the property as long-term affordable housing. Existing affordable housing is housing that is subject to one or more restricted use covenants or similar recorded agreements to ensure affordability consistent with affordable housing financial assistance requirements. The act requires the seller of such property to give notice to the local government and to the Colorado housing and finance authority at least 2 years before the final expiration of the last remaining affordability restriction on the property of the date of such expiration, a second notice not less than 6 months before the final expiration of the last remaining affordability restriction, and additional notice when the seller takes certain actions as a precursor to selling the property. Sharing information provided by the seller in certain notices is subject to execution of a nondisclosure agreement. Upon receiving the third notice indicating an intent to sell the property or of a potential sale of the property, the local government has 14 calendar days to preserve its right of first refusal and an additional 30 calendar days to make an offer and must agree to close on the property within 60 calendar days of the acceptance of the local government's offer; except that, if the seller has received an entirely cash offer from a third-party buyer, then the local government must agree to close within the same time period as is set forth in the third-party buyer's offer. If the price as listed in the seller's notice is reduced by 5% or more or if the required terms and conditions of an acceptable offer that has been communicated to the local government materially change, the seller must provide notice of the change within 7 days and the local government may exercise or re-exercise its right of first refusal. If the seller rejects an offer by the local government, the seller must provide a written explanation of the reasons, invite the local government to make one subsequent offer within 14 days, and must accept or reject the local government's subsequent offer within 14 days of the subsequent offer being made. For all other multifamily rental properties that are 30 years or older and have not more than 100 units and not less than 15 units, a local government has a right of first offer. A seller of such property must provide notice of intent to sell the property to the local government before the seller enters into an agreement with a licensed broker to solicit and procure purchasers or otherwise lists the property for sale on the multiple listing service. After receipt of the notice, the local government has 7 days to respond by either indicating the local government is interested in receiving due diligence information on the property to evaluate whether it wants to make an offer, which response must include a nondisclosure agreement in a form acceptable to the seller, or waiving any right to purchase the property. If the local government does not respond within this time period, it is deemed to have waived its right of first offer with respect to the property. The local government's right of first offer is subject to the property being used or converted for the purpose of providing long-term affordable housing or mixed-income development. If the local government has requested due diligence information, the seller has 5 days to provide the information to the local government and the local government then has 14 days to make an offer or waive its right of first offer. If a response is not provided in this period, the right of first offer is deemed waived. The seller has 14 days to accept or reject the local government's offer, and, if the seller does not provide notice, the offer is deemed rejected. If the seller accepts the offer, the parties have 30 days to negotiate and execute a contract for the purchase of the property and then 60 days to close on the transaction, unless both parties agree to other terms. In exercising its right of first refusal or first offer, the local government may partner with certain other entities for the financing of the transaction and may also assign either right with respect to all applicable properties in the local government's jurisdiction or with respect to a single property to certain other entities that are then subject to all the rights and requirements of the local government in exercising either right. The act allows certain sales of property to be exempt from the right of first offer or from both the right of first refusal and the right of first offer. Upon completion of the requirements of the seller for the right of first refusal and for the right of first offer, the local government, or its assignee if it has assigned either right, is required to execute and record a certificate of compliance stating that the seller has complied with all applicable provisions for the right of first refusal or right of first offer. The act also requires the attorney general's office to enforce the provisions of the act and grants the attorney general's office, the local government, or a local government's assignee standing to bring a civil action for violations of the right of first refusal or first offer established by the act. If a court finds that a seller has materially violated the law with respect to the right of first refusal or first offer, respectively, the court must award a statutory penalty of not less than $10,000 for a first offense and not less than $30,000 for any subsequent offenses but the court cannot award a statutory penalty that is more than $100,000. APPROVED by Governor May 30, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
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The act implements the recommendation of the department of regulatory agencies (department), as contained in the department's 2023 sunset review and report concerning the rule-making authority of the executive director of the department of early childhood (executive director). The act continues the executive director's rule-making authority for 7 years, until September 1, 2031. APPROVED by Governor May 24, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act makes changes to programs funded with money the state received from the federal coronavirus state fiscal recovery fund (ARPA money). Specifically, the act: Transfers $1.1 million of ARPA money from the family and medical leave insurance fund (FAMLI fund) to the "American Rescue Plan Act of 2021" cash fund, transfers $400,000 from the general fund to the FAMLI fund as an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program, and clarifies the recipient funds for transfers from the FAMLI fund required by current law; Extends the deadline to spend ARPA money from the judicial department information technology cash fund from the end of the 2024-25 state fiscal year to December 31, 2026; Extends the deadline for the judicial department to spend ARPA money for pretrial diversion programs from the end of the 2023-24 state fiscal year to December 31, 2026; Makes changes to the program known as "Finish What You Started" to provide funds in the 2024-25 and 2025-26 state fiscal years to continue to support ongoing program participants, and requires the department to use up to $4.5 million of money appropriated for need-based grants for the program; Transfers $70,581.99 of ARPA money from the affordable housing and home ownership cash fund to the "American Rescue Plan Act of 2021" cash fund; Reduces the required appropriation to the department of public health and environment from the economic recovery and relief cash fund for recruitment and re-engagement of workers in the health-care profession from $10 million to $6.12 million; Extends the deadline for the department of public health and environment to spend ARPA money for the practice-based health education grant program from the end of the 2024-25 state fiscal year to December 31, 2026; Changes the date that money from the rural provider access and affordability fund, which is used for the rural provider access and affordability stimulus grant program, reverts to the general fund from July 1, 2024, to December 31, 2024; Transfers $495,000 of ARPA money from the state domestic violence and sexual assault services fund to the behavioral and mental health cash fund; and Extends the repeal date of the statute requiring the behavioral health administration to take certain actions related to the behavioral health-care provider workforce from September 1, 2024, to July 1, 2027, and continues required reports through the new repeal date. The act makes changes to appropriations programs funded with ARPA money, including adjusting appropriated amounts and granting roll-forward spending authority. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)
The act removes the requirement that a mental health professional provide each client with an explanation of the levels of regulation and the differences between licensure, registration, and certification of mental health professionals. The act removes the requirement for an individual to take and pass the board of social work examiners' masters examination in order to obtain a licensed social worker license. In order for an individual to obtain a registration as a psychologist candidate (PSYC), a clinical social worker candidate (SWC), a marriage and family therapist candidate (MFTC), a licensed professional counselor candidate (LPCC), or an addiction counselor candidate (ADDC), the act requires the individual to pass the Colorado jurisprudence examination. The act authorizes PSYCs, SWCs, MFTCs, LPCCs, and ADDCs to renew their candidate registrations if they are unable to complete all the post-degree licensure requirements within the 3-year time frame that a registration is valid and allows candidates whose registrations have expired to reapply for the registration. The act requires certain mental health professionals, prior to a renewal of a license or registration, to complete continuing professional development and educational hours. On or before December 31, 2024,the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, and the state board of addiction counselor examiners are required to begin the rule-making process to align their respective rules with their respective practice acts. APPROVED by Governor May 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act requires the department of revenue (department) to share the contact information of a resident individual who claimed the earned income tax credit or the child tax credit, or both, on or before July 1 of each year with the department of early childhood, the department of health care policy and financing, the department of human services, the department of local affairs, the department of public health and environment, the department of corrections, the department of labor and employment, the behavioral health administration, and the department of higher education if requested. The information disclosed remains confidential, and the recipient departments may only use it for the purpose of benefit outreach , including sharing information about how to enroll, the information necessary to enroll, and, when possible, assisting with the application process. The act also requires the department to create a pilot program to assist up to100,000 resident households in filing or amending a tax return and claiming the federal and state earned income tax credit or child tax credit (credits) for up to 2 prior tax years. As resources allow, the department must select and collaborate with a third-party entity to identify resident households who may be eligible for the credits, instruct these resident households about the availability of the pilot program, develop a mechanism to share wage data, and develop a mechanism for resident households to digitally consent to having wage data shared with the third-party entity. As resources allow, the third-party entity will create a prefiled form for each resident individual who may be eligible for the pilot program. The pilot program must begin no later than August 15, 2025. The third-party entity shall secure the information shared pursuant to the pilot program. The third-party entity must report to the members of the senate and house finance committees no later than December 15, 2025, which report shall include the number of prefiled federal income tax returns completed, the number of each tax credit claimed as a result of the pilot program, an estimate of the amount of money claimed through the pilot program, the number of returns supported through information shared pursuant to the pilot program, and recommendations for improving and continuing the pilot program. A state, local, or tribal government (government) may use any data in its possession to automatically enroll, or send notice of potential eligibility to enroll to, any individual or household regarding any benefit program. A government may request an individual or household attest to receiving support from a benefit program or otherwise provide proof of the individual's or household's enrollment in any benefit program with the same or more restrictive enrollment requirements as evidence to enroll an individual or household in any other benefit program. The act appropriates $167,585 from the general fund to the department for fiscal year 2024-25 to implement the act. APPROVED by Governor May 14, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The General Assembly enacted House Bill 24-1421, a state fiscal year 2024-25 budget package bill that modified funding for certain grant programs administered by the division of criminal justice in the department of public safety, with a safety clause but without a specified effective date, making the bill take effect before the end of state fiscal year 2023-24. However, to avoid a temporary lapse in spending authority from multiple cash funds during state fiscal year 2023-24 while preserving its own timely implementation, House Bill 24-1421 needed to instead take effect on July 1, 2024, the first day of state fiscal year 2024-25. The act amends the Session Laws of Colorado to add a July 1, 2024, effective date clause to House Bill 24-1421 and thereby mitigate this problem. APPROVED by Governor May 10, 2024 EFFECTIVE May 10, 2024(Note: This summary applies to this bill as enacted.)
The act creates the healthy food incentives program (program) in the department of public health and environment (department) to be administered by the prevention services division (division). The division shall partner with a statewide nonprofit organization that has experience in supporting healthy food incentives programs to provide healthy food incentives that benefit Colorado's low-income populations. The healthy food incentives must attempt to improve access to fresh Colorado-grown fruits and vegetables within Colorado's low-income communities. The act requires the division and the nonprofit organization to limit their administrative expenses. For the 2024-25 state fiscal year, $500,000 is appropriated to the department from the general fund for use by the division to implement the program. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)
The act clarifies that the relative guardianship assistance program for children and youth and the adoption assistance program (programs) are entitlement programs. The state controller is authorized to allow overexpenditures for the programs. The act requires the department of human services (department) to report to the joint budget committee annually regarding actual and projected caseloads and expenditures for the programs. For the 2023-24 state fiscal year, the act appropriates $4,914,849 from the general fund and local funds to the department for use by the division of child welfare (division) for the programs. It is anticipated that the department will also receive $12,101,247 in federal funds. For the 2024-25 state fiscal year, the act appropriates $5,662,305 from the general fund and local funds to the department for use by the division for the programs. It is anticipated that the department will also receive $12,914,803 in federal funds. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)
The act establishes the amounts by which the state board of health in the department of public health and environment (department) may increase the fees payable to the health facilities general licensure cash fund, the assisted living residence cash fund, and the home care agency cash fund. The fees are increased up to 8% in state fiscal year 2025-26; 6% in state fiscal years 2026-27, 2027-28, and 2028-29; and, in each fiscal year thereafter, an amount based on the percentage change reflected in the prior year's consumer price index. The act requires the state auditor to audit the efficiency of the department's use of the facility fees. APPROVED by Governor April 29, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)
The act requires the department of education (department) to apply to the United States department of agriculture for a statewide community eligibility provision if the department determines participation in a statewide community eligibility provision will maximize federal funding. The act requires the department to annually establish options for, and communicate the options to, school food authorities to maximize federal funding. A school food authority that chooses an option other than those established by the department will not receive healthy school meals for all program (program) funding and must use other eligible funding sources to cover the costs of serving free meals to all students at the schools of the school food authority. The act delays the implementation of the local food purchasing grant, the wage increase or stipend program for school meals food preparation and service employees (wage increase or stipend program), and the local school food purchasing technical assistance and education grant program until the 2025-26 budget year. The act requires the department to create a policy for school food authorities to maximize the collection of household income application forms for the national school lunch program to increase federal funding for the program. School food authorities that choose to participate in the program shall apply the policy to maximize the collection of household income application forms. The act creates the healthy school meals for all program cash fund (cash fund). On July 1, 2024, the state treasurer shall transfer the balance of the healthy school meals for all program general fund exempt account to the cash fund. The act creates the healthy school meals for all program technical advisory group (advisory group). As soon as practicable, the department shall convene the advisory group. The advisory group shall collaborate with school districts, the office of state planning and budgeting, and a representative from the department of agriculture to: Identify ways to maximize federal reimbursements; Reduce costs of the program; Review cost-savings options, including minimizing food waste; Strengthen the long-term resiliency of the healthy school meals for all cash fund; Create model revenue scenarios; Provide options and recommendations to balance program revenues and expenditures; and Draft a report with legislative and administrative recommendations and submit it to the education committees of the house of representatives and the senate, or any successor committees; the joint budget committee; the state board of education; and the governor. On January 1, 2024, the local school food purchasing program (purchasing program) and the local school food purchasing technical assistance and education grant program (grant program) repealed. The act recreates the purchasing program and the grant program, and extends the programs through the 2024-25 budget year. The act eliminates the authorization for department expenditures in excess of the appropriated amount to participating school food authorities for the wage increase or stipend program. The act amends appropriations related to the program, the purchasing program, and the grant program in the general appropriations act for the 2024-25 state fiscal year. Senate Bill 23-221, enacted in 2023, appropriated money from the general fund for the program. The act amends this appropriation so that the money for the program is appropriated from the state education fund created in section 17(4) of article IX of the state constitution. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)