With certain exceptions, the act prohibits a public agency from: Requiring any person to provide the public agency with data that may identify a member of a nonprofit entity (member-specific data) or compelling the disclosure of member-specific data; Disclosing member-specific data to any person; or Requesting or requiring a current or prospective contractor or a current or prospective grantee of a grant program administered by the public agency to provide a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support. A nonprofit entity or any of its members affected adversely by a public agency's violation of the act's provisions may initiate a civil action against the public agency in district court for injunctive relief, damages, or such other relief as is appropriate. Notwithstanding existing laws concerning governmental immunity, a court may award damages against a public agency that violates the act's provisions as follows: Not less than $2,500 for each reckless violation; and Not less than $7,500 for each intentional violation. A court may also award the costs of litigation to a complainant that prevails in such an action. The act prohibits a custodian of public records (custodian) from requiring a nonprofit entity to produce member-specific data that is contained in public records if such records are not subject to inspection and copying pursuant to the "Colorado Open Records Act". A custodian must deny any request to inspect, copy, or reproduce any member-specific data in the possession of a public agency and provided to the public agency by a nonprofit entity. A custodian must not require a nonprofit entity to produce records and information relating to the identification of individual employees of nonprofit entities with whom the public entity contracts for services or of individual employees of subcontractors of such nonprofit entities. APPROVED by Governor May 28, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
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The act changes the effective date of the creation of the new twenty-third judicial district from January 7, 2025, to January 14, 2025, to coincide with the date that the district attorney of that district will be sworn in. To facilitate the creation of the new judicial district, the act authorizes the operations and employees of the eighteenth judicial district to be divided into 2 distinct units. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)
The act requires the department of human services to oversee the operations of host home programs. The act sets requirements for organizations seeking to operate a host home program and requirements for host homes participating in a host home program. The act does not apply to host homes providing residential services to adults with intellectual and development disabilities. The act allows a youth to reside in a host home for up to 21 days, unless the youth is 18 years of age or older but under 23 years of age and consents to remain in the host home longer. A host home that hosts a youth under 11 years of age must obtain written consent from the youth's parent or legal guardian authorizing the temporary residence. The bill requires the a host home program that receives government funding to enter information regarding the host home program in the homeless management information system. APPROVED by Governor May 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
In current law, both a lodging facility and an entertainment facility are licensed as a lodging and entertainment facility licensee. The acts converts the licenses of lodging facilities to lodging facility licenses and the licenses of entertainment facilities to entertainment facility licenses. Additionally, the act creates a new catering license and an alcohol beverage shipper license. The act allows a brewery, a limited winery, and a distillery to manufacture alcohol beverages at up to 2 noncontiguous locations and sets an annual fee for such operations. Current law limits the amount of alcohol beverages certain retailers can purchase from retail liquor stores, liquor-licensed drugstores, and fermented malt beverage and wine retailers to $2,000 each year. The act increases the cap to $7,000 and requires the state licensing authority to annually adjust the cap consistent with inflation. For events where customers may consume alcohol beverages on the premises of an off-premises retailer, the act: Allows an off-premises retailer to conduct tastings; Allows tastings for all authorized retailers to begin at 10 a.m. instead of 11 a.m.; Allows retail liquor stores to hold educational classes; and Allows a distiller that operates a sales room to purchase and use common alcohol modifiers to mix with its spirituous liquors to produce cocktails. Under current law, liquor licenses are valid for a one-year period. The act allows certain qualifying licensees to apply for a 2-year license. The act also requires the state licensing authority to study the feasibility of adopting an online application and renewal system. The act removes the requirement that a local licensing authority schedule a public hearing on an application for a new retail liquor license. The act changes the requirement for a festival permittee to notify the state and local licensing authorities of the location and dates the licensee plans to hold multiple festivals from 30 business days to 30 calendar days before each festival. Regarding wholesalers, the act allows wholesalers of vinous or spirituous liquors to obtain an importer's license and allows all wholesalers to hold trade show events. The act allows a retail liquor store going out of business to sell its inventory to another retail liquor store. The act specifies that a liquor-licensed drugstore's use of an electronic funds transfer is not an extension of credit. The act allows an arts licensee to place limited advertising of the availability of alcohol beverages for sale on the licensed premises while an artistic or cultural production or performance is taking place. The act allows alcohol beverage sales on Christmas. APPROVED by Governor May 18, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
To facilitate the addition of an extra week between the secretary of state's deadline to certify ballot order and content pursuant to law and election officials' deadline to transmit ballots pursuant to the federal "Uniformed and Overseas Citizens Absentee Voting Act", the act submits a constitutional amendment to the voters of the state at the 2024 general election that will, if approved: Change the date by which initiative petitions must be filed with the secretary of state from at least 3 months before the general election at which they are to be voted on to at least 3 months and one week before that election; Change the date by which referendum petitions must be filed with the secretary of state from not more than 90 days after the final adjournment of the session of the general assembly that enacted the act on which the referendum is demanded to not more than 83 days after the final adjournment of that session; Change the date by which the nonpartisan research staff of the general assembly shall publish the text and title of every measure from at least 15 days prior to the final date of voter registration for the election to 45 days before the election; and Change the period during which a justice of the supreme court or a judge of any other court must file with the secretary of state a declaration of intent to run for another term from not more than 6 months or less than 3 months prior to the general election before the expiration of the judge's term to not more than 6 months and one week or less than 3 months and one week before that general election.(Note: This summary applies to this concurrent resolution as adopted.)
Current law permits a student to apply for open enrollment in particular programs and schools within the student's district and in schools and programs in other school districts. The bill requires the state board of education (state board) to adopt a model policy on or before December 15, 2024, to promote clarity and consistency for parents, custodians, and legal guardians as they assess school enrollment options. The model policy must include timelines and processes for the school or program application, timelines for student notification of acceptance or denial determinations, and open enrollment transparency measures for student eligibility, school capacity, and transportation resources. The bill allows school districts to adopt, publicize, and implement policies and procedures for open enrollment that are consistent with the state board model policy. The bill requires the department of education to annually report to the general assembly, governor, and state board on the number and geographic location of students exercising an open enrollment option and on open enrollment application denials. (Note: This summary applies to this bill as introduced.)
Property tax revenue limit. Beginning with the 2025 property tax year, section 1 of the act establishes a limit on qualified property tax revenue, as defined by the act, for local governments (limit). This limit does not apply to local governments that are home rule municipalities, school districts, have not received voter approval to exceed the statutory 5.5% property tax revenue limitation, or have not received voter approval to collect, retain, and spend the majority of their property tax revenue without regard to the limitations in section 20 of article X of the state constitution. The limit is equal to the local governmental entity's base year qualified property tax revenue increased by 5.5% for each year since the base year including the relevant property tax year. A local government may seek voter approval to waive the limit. A local governmental entity's base year qualified property tax revenue is: For a local governmental entity that had qualified property tax revenue for the 2023 property tax year, the local governmental entity's qualified property tax revenue for the 2023 property tax year, plus any money the local governmental entity received from the state to compensate the local governmental entity for reduced property tax revenue in the 2023 property tax year; For a local governmental entity that did not have qualified property tax revenue for the 2023 property tax year, the local governmental entity's qualified property tax revenue for the first year that the local governmental entity has property tax revenue; or If applicable, the local governmental entity's qualified property tax revenue for the most recent property tax year for which the local governmental entity's voters approved temporarily waiving the limit. If a local government's qualified property tax revenue would otherwise exceed the limit, the local government shall either establish a temporary property tax credit equal to the number of mills necessary to prevent the local government's qualified property tax revenue from exceeding the limit or temporarily reduce its mill levy. Nonresidential real property valuation reductions. Under current law, for nonresidential property, the valuation for assessment (valuation) is 29% of the actual value of the property. However, certain categories of nonresidential property had temporarily reduced valuations for property tax 2023. Section 2 extends these temporarily reduced valuations to property tax year 2024. Section 2 also permanently reduces the valuations for commercial and agricultural property as follows: For property tax year 2025, the valuation is 27% of the actual value of the property; and For property tax years commencing on or after January 1, 2026, the valuation is 25% of the actual value of the property. Residential real property valuation reductions. For the 2024 property tax year, section 4 makes 2 reductions to residential real property valuation by continuing the 2023 property tax year reductions to residential real property valuation: For multi-family residential real property, section 4 reduces the valuation from 6.8% of the actual value of the property to 6.7% of the amount equal to the actual value of the property minus the lesser of $55,000 or the amount that causes the valuation for assessment of the property to be $1,000 (alternate amount); and For all other residential real property, section 4 reduces the valuation from an estimated 7.06% of the actual value of the property to 6.7% of the amount equal to the actual value of the property minus the lesser of $55,000 or the alternate amount. For the 2025 property tax year, section 4 modifies residential real property valuation so that the valuation for all residential real property is: For the purpose of a levy imposed by a school district, 7.15% of the actual value of the property; and For the purpose of a levy imposed by a local governmental entity that is not a school district, 6.4% of the actual value of the property. For the 2026 property tax year and all future property tax years, section 4 also reduces the valuation for all residential real property from 7.15% of the actual value of the property. For all residential real property, the valuation is: For the purpose of a levy imposed by a school district, the lesser of 7.15% of the actual value of the property or a percentage of the actual value of the property determined by the property tax administrator pursuant to section 7; and For the purpose of a levy imposed by a local governmental entity that is not a school district, 6.95% of the amount equal to the actual value of the property minus the lesser of 10% of the actual value of the property or $70,000 as adjusted for inflation in the first year of each subsequent reassessment cycle. Qualified-senior primary residence residential real property. Senate Bill 24-111 created a new residential real property subclass: qualified-senior primary residence residential real property. In addition to the other reductions for resdiential real property made in section 4, section 4 makes the following valuation reductions for qualified-senior primary residence residential real property: For property tax year 2025, for the purpose of a levy imposed by a local governmental entity that is not a school district, 6.4% of the amount equal to the actual value of the property minus either 50% of the first $200,000 of that actual value plus the lesser of 10% of the actual value of the property or $70,000 or the alternate amount; For property tax year 2026, for the purpose of a levy imposed by a local governmental entity, 6.95% of the amount equal to the actual value of the property minus either 50% of the first $200,000 of that actual value plus the lesser of 10% of the actual value of the property or $70,000 or the alternate amount; and For property tax year 2025, for the purpose of a levy imposed by a school district, 7.15% of the amount equal to the actual value of the property minus either 50% of the first $200,000 of that actual value or the alternate amount. Adjustable residential real property valuation. Section 7 requires legislative council staff to notify the state board of equalization of the first year after 2026 in which the local share of total program is equal to or greater than 60% of the total program determined pursuant to the "Public School Finance Act". For every property tax year after that year, the valuation for assessment for all residential real property, for the purpose of a levy imposed by a school district, is equal to the lesser of: 7.15% of the actual value of the property; or The percentage of the actual value of the property necessary for statewide school district property tax revenue divided by weighted total program to equal 0.6. Reimbursement of local governments. The state reimbursed local governmental entities for property tax revenue lost as a result of the reductions in valuation enacted in Senate Bill 22-238 and Senate Bill 23B-001. Section 9 establishes a reimbursement mechanism for certain local governmental entities other than school districts to account for property tax revenue lost as a result of the reductions in valuation in the act for the 2024 property tax year. The reimbursement mechanism requires the state to reimburse local governments in an amount equal to the decrease, if any, in assessed value between the 2022 and 2024 property tax years multiplied by the local governments' mill levy rate from the 2022 property tax year. Section 9 creates a fund out of which the state makes the reimbursements and requires the state treasurer to transfer to the fund $10,311,233 from the sustainable rebuilding program fund. Property tax deferral program. The existing property tax deferral program allows any person to defer the payment of the portion of real property taxes on the person's homestead that exceeds the tax-growth cap, which is an amount equal to the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead, increased by 4%. Beginning with the 2025 property tax year, section 10 removes the 4% tax-growth cap. Accordingly, beginning with the 2025 property tax year, a person may defer the payment of the portion of real property taxes on the person's homestead that exceeds the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead. Appropriation for state share of districts' total program funding. Beyond the appropriations in the act necessary for the administration of this act as outlined in sections 12 and 13, section 11 appropriates $378,861,731 to the department of education from the state education fund to cover the increases in the state share of districts' total program funding resulting from the assessed value reductions set forth in the act. APPROVED by Governor May 14, 2024 EFFECTIVE upon the date of the official declaration by the governor NOTE: This act does not take effect if either or both of the following occur at the next general election: An initiative that reduces valuations for assessment is approved by the people; An initiative that requires voter approval for retaining property tax revenue that exceeds a limit is approved by the people. If this act takes effect then this act takes effect upon the date of the official declaration of the vote for the general election held on November 5, 2024; except that section 3 of this act takes effect only if Senate Bill 24-111 does not become law, sections 4 and 8 of this act take effect only if Senate Bill 24-111 becomes law, section 6 of this act takes effect only if House Bill 24-1448 does not become law, and section 7 of this act takes effect only if House Bill 24-1448 becomes law. Senate Bill 24-111 was signed by the governor May 14, 2024. House Bill 24-1448 was signed by the governor May 23, 2024.(Note: This summary applies to this bill as enacted.)
Under current law, a county treasurer is required to issue a treasurer's deed for a property upon the presentation of a certificate of purchase of a tax lien for that property, if certain conditions are met. The act ends this requirement, effective July 1, 2024, and instead requires a county treasurer to follow a public auction process prior to the issuance of a deed, which process brings Colorado law into compliance with the United States supreme court's recent decision affirming property owners' constitutional right to the value of their property in excess of their tax debt. The lawful holder of a certificate of purchase of a tax lien (lawful holder) may apply for a public auction for the sale of a certificate of option for treasurer's deed (option certificate). If the public auction results in an "overbid", meaning the purchaser of the option certificate pays an amount in excess of the minimum bid price set for the auction, then the overbid must be paid in order of recording priority to junior lienors who have filed a notice of intent to redeem. After payment to all lienors, any remaining overbid must be paid to the owner of the property subject to the tax lien. The act specifies the required application form and deposit amount for a lawful holder to request a public auction and the notice requirements that a county treasurer must comply with, including a review of the property's title work to include known interested parties in the notice process. The act also specifies the general manner and timing requirements for the public auction and provides county treasurers with procedural guidance in case of certain events, including continuance of the public auction, the effect of a bankruptcy filing related to the property, the withdrawal of a notice of public auction, and the redemption of the tax lien prior to the public auction. At the public auction, a county treasurer must only accept bids that are greater than the combined value of the amount owed to the lawful holder and the fees and costs incurred by the treasurer in complying with the act. If no such bid is made and paid to the treasurer, then the lawful holder is deemed the purchaser of the option certificate. If the lawful holder is not the purchaser of the option certificate, the lawful holder is still entitled to redeem the property subject to the tax lien if certain procedural requirements are met, including payment to the purchaser of all sums necessary to redeem. Junior lienholders may also file for redemption, but only as to a portion of the overbid, and only if certain procedural requirements are met. If the property remains unredeemed, the lawful holder of the option certificate may present the certificate, along with other required documentation, to the treasurer and obtain a treasurer's deed, giving full rights to the property. APPROVED by Governor May 10, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)
The bill requires that on or before July 1, 2025, a social media company must post published policies for each of its social media platforms. Thereafter, a social media company must post any updates to the policies within 14 days after the implementation of the updated policies. The published policies must include: Contact information that allows a user to ask the social media company questions about the published policies; A description of the process that a user must follow to flag content, groups, or other users that the user believes violate the published policies; A process to which the social media company commits for the purpose of responding to and resolving user questions and flags; A statement that the use of the social media platform for the promotion, sale or advertisement of any illicit substance; for the sale of any firearm in violation of state or federal law; for sex trafficking of a juvenile; or for the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material is prohibited; A description of the social media company's process for enforcing its published policies and the potential consequences of violating the published policies; and A statement that violations of the published policies that also violate state or federal law will may be reported to law enforcement for investigation and potential prosecution ; A description of the social media company's policies and practices with respect to personal data and safeguards for juveniles; Information about how to access required safeguards and parental tools, including information for juveniles or their parents about options to opt out of or control personalized recommendation systems and other platform features; Notice about whether the social media platform uses or makes available to juveniles a product, service, or design feature that presents a heightened risk of harm to juveniles; and If the social media platform operates a personalized recommendation system, a description of how the personalized recommendation system is used to provide information to juveniles. A social media company must annually submit to the attorney general a report that includes, for each social media platform owned or operated by the social media company: The current version of the published policies of the social media platform; If the social media company has filed its first report, a complete and detailed description of any changes to the published policies since the previous report; A statement of whether the current version of the published policies contains definitions and or provisions relating to illicit substances, the sale of firearms in violation of state or federal law, sex trafficking of a juvenile, or the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material and, if so, the definitions of those categories and a description of those provisions; A detailed description of content moderation practices used by the social media company; Data concerning activities of users based in the United States, including a breakdown of Colorado-based users' activities with regard to certain prohibited categories of content; Data describing actioned items of content and related actions taken by the social media company; Data concerning how juveniles in Colorado use the social media platform; A detailed description of the social media platform's age verification practices, how they are enforced, and how the social media platform responds to user reports of violations; and Data concerning a social media platform's application of its published policies. The bill also requires a social media company to: Use a commercially reasonable process to verify each user's and each potential user's age; Treat a user as a juvenile if the user's device communicates or signals that the user is a juvenile; Allow each user of its social media platforms to select an option to apply the protections available to juveniles; Retain any information obtained for age verification purposes only for the purpose of compliance and for no other purpose and to dispose of such information securely after age verification is complete. Additionally, any agent of a social media company that processes age verification information must have its principal place of business in the United States. Provide readily accessible and easy-to-use tools and settings for parents and guardians to support an individual that a social media platform knows or reasonably should know is a juvenile with respect to the individual's juvenile's use of the social media platform. A social media platform must provide similar tools to an individual that the social media platform knows or reasonably should know is a juvenile. Provide an individual that the platform knows or reasonably should know is a juvenile with clear and conspicuous warnings of certain threats and events regarding content that the individual shares or accesses on a social media platform; Immediately Within 24 hours after determining a violation was made, remove any user of a social media platform who promotes, sells or advertises an illicit substance or engages in the sale of a firearm in violation of state or federal law, the sex trafficking of a juvenile, or the possession, display, exchange, distribution, sale, or creation of, or the inducement to create, sexually exploitative material ; keep the user removed until there is human review of this activity; and permanently remove the user if human review confirms the user engaged in such an action; Retain for at least one year any data and metadata concerning users' identities and activities on the social media platform; Initially respond to any inquiry from a law enforcement agency within 3 days after receiving the inquiry to confirm receipt and to fulfill the law enforcement request within 30 days after receiving the inquiry. A social media company shall preserve the data needed to respond to an inquiry from a law enforcement agency. The bill prohibits a social media company from: Alerting a user to the fact that a law enforcement agency is investigating the user's activity and or account; or Using dark patterns to lead or encourage juveniles to provide personal information, beyond what is reasonably expected, to disable safeguards or parental controls, or to forgo privacy protections. or to take any action that the social media platform knows is not in the best interest of juveniles reasonably likely to access the social media platform. A violation of the bill's provisions, or an act to aid or abet such a violation, is a deceptive trade practice and punishable pursuant to the "Colorado Consumer Protection Act". (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Under current law, certain evidence of a victim's or witness's prior or subsequent sexual conduct is presumed irrelevant, but there is an exception for evidence of the victim's or witness's prior or subsequent sexual conduct with the defendant. The act eliminates this exception. The act expands the criminal rape shield law to prohibit the admission of evidence of the victim's manner of dress or hairstyle as evidence of the victim's consent. The act amends what a moving party must show to the court and to opposing parties and what the court must find in order to introduce evidence that is presumed to be irrelevant under the criminal rape shield law. Under current law, a defendant may move to introduce evidence that the victim or a witness has a history of false reporting of sexual assaults, upon a sufficient showing to the court and opposing parties. The act allows the defendant to offer evidence concerning at least one incident of false reporting of unlawful sexual behavior and also articulate facts that would, by a preponderance of the evidence, demonstrate that the victim or witness has made a report that was demonstrably false or false in fact. APPROVED by Governor April 24, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)