When the funding source for an appropriation is a cash fund, the state agency receiving the appropriation annually calculates an amount equal to the recorded depreciation of capital assets acquired, repaired, improved, replaced, renovated, or constructed with the appropriated money. The state controller credits the recorded depreciation amount from the cash fund that was the source of the funding for the appropriation to a capital reserve account established by the agency in the cash fund. The act exempts the money in the wildlife cash fund from being credited to the capital reserve account. A state agency terminating a lease for private leased space must calculate the annual reduction in the cost of leased space and the general assembly must transfer to the capital construction fund an amount equal to the reduction in the cost of leased space from the fund that was the source of the funding for the lease. The act exempts the money in the wildlife cash fund from being transferred to compensate for the reduction in private leased space. On July 1, 2024, the act requires the state treasurer to transfer $1,198,224 from the capitol complex renovation fund to the wildlife cash fund and $273,204 from the capitol complex renovation fund to the division of parks and wildlife to be used by the division for the same purposes as other lottery proceeds distributions made pursuant to section 3 (1)(b)(II) of article XXVII of the state constitution. The act reduces the appropriation from the wildlife cash fund made in the annual general appropriation act for the 2024-25 state fiscal year to the department of natural resources for use by the division of parks and wildlife for the annual depreciation-lease equivalent payment by $199,068. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)
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The act increases the cost threshold above which a controlled maintenance project of real property is deemed to be "capital renewal" (cost threshold) from $2 million to $4.7 million. The act also requires the department of personnel to adjust the cost threshold for inflation every 3 years beginning on January 1, 2029, and to publish the cost threshold on its website. APPROVED by Governor April 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act requires the transfer, on July 1, 2024, of: $160,844,354 from the general fund to the capital construction fund; $70,811,334 from the general fund to the information technology capital account of the capital construction fund; $500,000 from the general fund exempt account of the general fund to the capital construction fund; $84,875,462 from the controlled maintenance trust fund to the capital construction fund; and $1,000,000 from the marijuana tax cash fund to the information technology capital account of the capital construction fund. Notwithstanding any provision of law that requires such a transfer, the act also prohibits the state treasurer from transferring money from the legal services cash fund to the capital construction fund or to any other fund if the joint budget committee of the general assembly notifies the state treasurer before the scheduled transfer date not to make the transfer after the attorney general notifies and certifies in writing to the joint budget committee that the transfer: Is not compliant with federal and state laws governing the money to be transferred; Is legally preempted by state constitutional restrictions or a federal law governing the money to be transferred; or Unlawfully transfers money in a manner that may terminate the qualification as an enterprise of any enterprise lawfully enacted under the provision of the state constitution known as the Taxpayer's Bill of Rights (TABOR). APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)
The bill creates the stream and wetlands protection commission (commission) in the department of natural resources (department) and requires the commission to develop, adopt, and maintain a dredge-and-fill permit program (permit program) for: Regulating the discharge of dredged or fill material into certain state waters; and Providing protections for state waters, which protections are no more restrictive than the protections provided under the federal "Clean Water Act" as it existed on May 24, 2023. The bill creates the stream and wetlands protection division (division) in the department to administer and enforce the permit program. The commission is required to promulgate rules as expeditiously as is prudent and feasible concerning the issuance of permits under the permit program. Until the division implements such rules, the bill prohibits the water quality control division in the department of public health and environment from taking any enforcement action against an activity that includes the discharge of dredged or fill material into state waters if the activity causing the discharge is conducted in a manner that provides for protection of state waters consistent with the protections that would have occurred through compliance with federal law prior to May 25, 2023. The bill establishes enforcement mechanisms for the permit program. A person who violates the terms of a permit, a rule, or a cease-and-desist order or clean-up order is subject to a civil penalty of not more than $10,000 per day per violation. The bill directs the state treasurer to transfer $600,000 from the severance tax operational fund to the capital construction fund on July 1, 2024, for the implementation of the bill. (Note: This summary applies to this bill as introduced.)
Joint budget committee. Under current law, the department of transportation (department) administers business and tourist-oriented directional sign programs (sign programs). As part of the sign programs, the department may: Erect, administer, and maintain signs within highway rights-of-way and issue permits for business signs to be installed on those signs; and Issue permits and adopt rules for the erection, administration, and maintenance of tourist-oriented directional signs. The bill creates the Colorado roadside improvement and outdoor recreational industry promotional enterprise (enterprise) and allows the department to contract with the enterprise to implement all or part of the sign programs. In addition to implementing the sign programs, the enterprise assists in maintaining rest areas and administers the outdoor recreational industry promotional grant program. To finance these purposes, the enterprise may impose a fee on persons who participate in the sign programs. The fee must be collected at rates that are reasonably calculated based on the fair market value of the costs of implementing, modernizing, improving, and maintaining the sign programs and inflation. In maintaining rest areas, the enterprise may work with the department, other state agencies, local governments, or private entities as necessary to assist in modernizing rest areas and in the maintenance of roadside in Colorado and reducing the number of people experiencing homelessness within state public rights-of-way. In administering the outdoor recreational industry promotional grant program, the enterprise shall collaborate with the Colorado outdoor recreation industry office to administer the grant program and award grants for promoting the outdoor recreational industry. (Note: This summary applies to this bill as introduced.)
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.)
The act repeals the COVID heroes collaboration fund on July 31, 2024. Prior to the repeal, on July 1, 2024, the state treasurer shall transfer the unexpended and unencumbered money in the COVID heroes collaboration fund to the general fund. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)
Under current law, a person seeking a teaching endorsement in special education or early childhood special education (endorsement) must complete an approved program and a student teaching practicum through an institution of higher education and pass one or more appropriate content-based exams. The act requires the department of education to issue an endorsement. Under current law, to receive the endorsement, the educator must hold a valid teaching license other than an initial license and complete coursework and assessments, as specified by rule of the state board of education (board), in a program in special education offered by an accepted institution of higher education. The act adds applicants who complete an alternative teacher preparation program (program) for special education offered by a designated agency as eligible for the endorsement. The act authorizes a person with a professional teacher license to continue in the person's current position while participating in an alternative teacher preparation program for the purpose of receiving an endorsement. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)
The act clarifies that the department of early childhood (department) may use the remaining money annually appropriated from the preschool programs cash fund (fund) to provide additional preschool services for children who are in low-income families or who meet at least one qualifying factor and to provide services for the furtherance of the universal preschool program. The act prohibits the general assembly from appropriating the full balance of the fund prior to the start of a state fiscal year. The unappropriated balance in the fund is the reserve. The department may submit a request for a supplemental appropriation from the reserve to the joint budget committee. APPROVED by Governor April 18, 2024 EFFECTIVE April 18, 2024(Note: This summary applies to this bill as enacted.)
Current law requires the general assembly to appropriate or transfer money to the mill levy equalization fund (fund) for institute charter school (institute) funding. The act repeals the fund. For the 2024-25 budget year and each budget year thereafter, the general assembly shall appropriate money from the general fund or the state education fund to the state charter school institute to fund full mill levy equalization for all institute charter schools. Appropriations made in the annual general appropriation act for the 2024-25 state fiscal year to the department of education for use by the state charter school institute are adjusted as follows: The cash fund appropriation from the fund for institute mill levy equalization is decreased by $735,000; The reappropriated funds appropriation from the fund for institute mill levy equalization is decreased by $49,220,696; The general fund for institute mill levy equalization is decreased by $22,000,000; and The cash funds appropriation from the state education fund for institute mill levy equalization is increased by $22,000,000. APPROVED by Governor April 18, 2024 EFFECTIVE April 18, 2024(Note: This summary applies to this bill as enacted.)