With exceptions, school districts, district charter schools, institute charter schools, and boards of cooperative services that operate one or more public schools (local education provider), are required to provide free menstrual products: In at least 25% of applicable student bathrooms in all applicable school buildings by June 30, 2025; In at least 50% of applicable student bathrooms in all applicable school buildings by June 30, 2026; and In at least 75% of applicable student bathrooms in all applicable school buildings by June 30, 2025. By June 30, 2028, all local education providers, the Colorado school for the deaf and the blind, and approved facility schools are required to provide free menstrual products to students in all applicable student bathrooms in all applicable school buildings. The act provides exceptions for applicable school buildings that do not have a gender-neutral bathroom, for applicable school buildings that provide educational services only to students who are enrolled in kindergarten through grade 6, and if the local education provider, Colorado school for the deaf and the blind, or approved facility school is experiencing vandalism or destruction of property because of complying with the act. The act expands eligibility for the menstrual hygiene products accessibility grant program (grant program) to make rural school districts, small rural school districts, or charter schools within these districts eligible for a grant award. For the 2024-25 state fiscal year, the act appropriates $100,000 to the department of education (department) for the grant program. The act allows the department to retain up to 10% of the appropriation on actual administrative costs for the grant program and allows grant awards to be used to acquire a dispensing machine or disposal receptacle for menstrual hygiene products. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
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The act requires an online dating service (service) to have a safety policy that includes certain elements, as detailed below. It is a deceptive trade practice if a service does not have a compliant safety policy. A safety policy must include: A description of prohibited content and conduct used by the online dating service, which must include misconduct that threatens public or personal safety; Information about whether and under what circumstances the service conducts background screenings of members who use the service (members) and whether the service excludes from membership individuals with criminal convictions; A description of whether and when the service verifies a member's identity or that the member is at least 18 years of age; A description of whether and when the online dating service, after receiving a report of prohibited content and conduct committed by a member, provides actual notice that it received the report to other members who have had contact with the member and, if so, the types of content and conduct that result in notice; A description of whether and when the service suspends a member profile or bars a member from the service as a result of reports of prohibited content and conduct committed by the member and whether the service allows a member to appeal an adverse action against the member; Guidelines for reporting prohibited content and conduct committed by a member to the service; A notice that engaging in sexual conduct with another person without the other person's consent violates the safety policy and criminal laws, and may result in criminal or civil liability; Information about resources available for members in Colorado who experience sexual assault, domestic violence, and other crimes; and Measures taken by the service that are reasonably designed to promote safer online and in-person dating experiences for members. A service shall post a link to its safety policy on the front page of its website, on the settings or similar screen of its mobile application, and in its dating service contract. A service shall submit the URL for its safety policy, including any updates, to the attorney general's office. On or before January 31, 2026, a service shall annually file a report with the attorney general's office concerning member safety and the service's compliance with the requirement to have a safety policy. Prior to commencing a deceptive trade practice enforcement action against an online dating service, the attorney general or a district attorney must issue a notice of violation to the service if the attorney general or district attorney determines it is possible for the online dating service to cure the violation. The service has 30 days after receiving notice to cure the violation. If the service does not cure the violation, the attorney general or district attorney may commence an enforcement action. The act creates a civil cause of action for a person who was tracked by means of a tracking device or tracking application to bring a claim against the actor who installed a tracking device on the person's property or who caused a tracking device or tracking application to track the person or person's property without the person's consent. Existing law prohibits posting a private image for harassment; posting a private image for pecuniary gain; and posting, possession, or exchange of a private image by a juvenile. Posting a private image for harassment or for pecuniary gain involves posting an image that depicts the private intimate parts of a person. Posting, possession, or exchange of a private image by a juvenile involves an image that depicts specified intimate parts of a person. The act makes those offenses apply to images that include simulated intimate parts of a person. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Section 1 of the act amends the statute that governs the use of automated vehicle identification systems (AVIS) on roadways other than toll highways operated by a public highway authority or the high-performance transportation enterprise in the department of transportation (CDOT) to: Clarify that CDOT and the Colorado state patrol (CSP) have authority to use AVIS to detect traffic violations on any portion of a highway that is owned or maintained by the state (state highway); Clarify the notification and coordination process between local governments, CDOT, and the CSP with respect to the use of AVIS on a state highway; Authorize CDOT to promulgate rules relating to the use of AVIS where it is not designated for use or implemented on state highways by the later of January 1, 2025, or the date the rules are promulgated; Clarify that if the registered owner of a motor vehicle involved in a traffic violation detected by AVIS is engaged in the business of leasing or renting motor vehicles, the registered owner remains liable for payment of a civil penalty assessed for the violation even if the registered owner was not driving the motor vehicle but may obtain payment from the lessor or renter of the motor vehicle and forward the payment to the jurisdiction imposing the civil penalty; and Require civil penalties collected by the state for traffic violations detected by AVIS, net of court and operations costs, to be credited to the state highway fund and used only to fund road safety projects, with priority given to those road safety projects that have the highest potential to reduce vulnerable road user injuries and fatalities while taking into account the planning capacity of each region, that protect vulnerable road users. Section 2 requires CDOT to establish and include in its statutorily required performance plan declining annual targets for vulnerable road user fatalities and, as part of the targets, also establish engineering methodology and internal education requirements for practices to prioritize safety over speed on high-injury networks. For state fiscal year 2025-26 and each succeeding state fiscal year, section 3 requires CDOT, after accounting for eligible critical safety-related asset management surface transportation infrastructure projects and as determined by the transportation commission, to expend a specified minimum amount of the money allocated to the state highway fund from the road safety surcharge and certain other fees, fines, and surcharges that are imposed on motor vehicle registrations and dedicated for certain types of road safety projects that protect vulnerable road users. To guide CDOT in implementing sections 2 and 3, section 4 amends an existing definition of "road safety project" to include certain types of projects that protect vulnerable road users and defines the term "vulnerable road user". APPROVED by Governor June 5, 2024 EFFECTIVE June 5, 2024(Note: This summary applies to this bill as enacted.)
The act changes the child restraint system requirements in existing law as follows: Increases the age at which children are required to use a child restraint system from under 8 years of age to under 9 years of age; Increases the age, from under one year of age to under 2 years of age, and the weight, from under 20 pounds to under 40 pounds, of children who must be restrained in a rear-facing child restraint system in a rear seat of the vehicle; Requires that children who are under 2 years of age but over 40 pounds in weight be restrained in a rear-facing or forward-facing restraint system; Increases the age, from one year of age or older to 2 years of age or older but less than 4 years of age, of children who must be restrained in a rear-facing or forward-facing child restraint system, depending on the child's weight, in a rear seat of the vehicle, if a rear seat is available; Adds a requirement that children who are at least 4 years of age but under 9 years of age and who weigh at least 40 pounds use a child restraint system or booster seat, which must be situated in a rear seat of the vehicle, if a rear seat is available; and Increases the age at which children must be restrained in a safety belt or child restraint system from under 16 years of age to under 18 years of age. The act requires the division of highway safety to use existing national highway traffic safety administration occupant protection grant funds to implement a program for public information and education concerning updates to child restraint system requirements, the use of child restraint systems, and Colorado law regarding child restraint system. APPROVED by Governor June 4, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
The act modifies the amount of per diem a member of the general assembly is entitled to for expenses incurred during sessions of the general assembly. Beginning with state fiscal year 2025-26, and for each state fiscal year thereafter, a member who resides within the Denver metropolitan area is entitled to an amount equal to 25% of the federal per diem rate for the city and county of Denver as of October 1 of the calendar year immediately preceding the fiscal year the rate is used in, rounded up to the nearest whole dollar, and a member who does not reside within the Denver metropolitan area is entitled to an amount equal to 90% of that rate, rounded up to the nearest whole dollar. The act also creates the independent state elected official pay commission (commission) to set compensation for members of the general assembly, the governor, the lieutenant governor, the attorney general, the secretary of state, and the state treasurer (state elected officials). The initial commission will: Be appointed on or before July 31, 2025; Hold its first meeting on or before September 1, 2025; and Submit its report on or before December 15, 2025. The compensation set by the initial commission, unless rejected or modified by the general assembly, will go into effect on January 1, 2027. After a commission submits its report, the commission expires. After the initial commission, subsequent commissions will meet every 4 years after 2025 so that the effective date of future recommendations is in alignment with the election cycle of the governor, the lieutenant governor, the attorney general, the secretary of state, and the state treasurer. A subsequent commission will: Be appointed on or before July 31 of each year in which the commission meets; Hold its first meeting on or before September 1 of each year in which the commission meets; and Submit its report on or before December 15 of each year in which the commission meets. The compensation set by commissions subsequent to the initial commission, unless rejected or modified by the general assembly, will go into effect on January 1 of the first year of each subsequent 4-year gubernatorial term. Additionally, the director of research of the legislative council must annually adjust the compensation levels set by the commission for inflation except in the year in which a commission's recommendations take effect. APPROVED by Governor June 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Under current law, a court may appoint a child and family investigator (investigator) to investigate and report to the court relevant factors for determining the best interest of a child or youth in a proceeding involving parental responsibilities allocation. Similarly, under current law, a court may appoint a parental responsibilities evaluator (evaluator) to evaluate and report to the court concerning disputed issues relating to the parental responsibilities allocation. The act: Requires investigators and evaluators to include all information obtained concerning domestic violence and child abuse in a written report; Requires additional training requirements for investigators and evaluators; Requires investigators and evaluators to provide certain written disclosures to each party before performing duties; and Allows the court to implement caps on charges for duties performed by evaluators. The act defines "coercive control" to include a pattern of threatening, humiliating, or intimidating actions, including assaults or other abuse, that is used to harm, punish, or frighten an individual. If the court orders unsupervised parenting time for a parent, and there is any information, including an accusation, that the parent has committed domestic violence, child abuse, child emotional abuse, or coercive control, the court is required to make a statement in writing or orally on the proceeding record regarding why unsupervised parenting time was determined to be in the best interests of the child. The act states that the court may interview the child in the judge's chambers regarding the child's wishes for parental responsibilities allocation upon a motion. The court is required to make findings why it grants or denies the request to interview the child in chambers and give paramount consideration in cases involving an allegation by a child regarding domestic violence, child abuse or neglect, or child sexual abuse. The act requires that if allegations of domestic violence, child abuse or neglect, or child sexual abuse have been made, the court is required to give strong consideration to the child's or youth's preference concerning allocation of parental responsibilities, if the preference is consistent with protecting the child's safety and needs. The act clarifies that, pursuant to a chief justice directive, the office of the state court administrator is responsible for accepting complaints regarding investigators and evaluators, and is authorized to administer appropriate sanctions. Furthermore, the act requires the judicial department to include information during its annual "SMART Act" hearing and publish information on its website concerning investigator and evaluators. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act implements the legislative recommendations of the fraudulent filings working group as identified in the working group's February 2023 report. These recommendations make the following changes: On and after July 1, 2025, a registered agent who is an individual and not a business entity is required to hold a valid Colorado driver's license, state identification, or otherwise verify the individual's residency status; A registered agent that is a business entity is required to be in good standing in the Colorado business registry; A registered agent is prohibited from using a United States or commercial post office box as the registered agent's address; The secretary of state is authorized to change a business entity's status to delinquent in the business registry immediately following a finding or concession that the entity was created or registered without authorization or for fraudulent purposes; A law enforcement agency is allowed to initiate a fraudulent filing complaint regarding a business entity; A business entity that has been delinquent for 5 years or longer can cure its delinquency only after the filing of an affidavit and photographic identification in addition to the already required statement; A business entity that has been dissolved for 2 years or longer can be reinstated only after the filing of an affidavit and photographic identification in addition to the already required articles of reinstatement; and The perjury statement affirmed by all persons when delivering a document to be filed with the secretary of state is simplified. For the 2024-25 state fiscal year, $464,310 is appropriated from the department of state cash fund to the department of state for use by the business and licensing division and the information technology division for personal services and operating expenses. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act clarifies that venue for filing a motion or complaint for a civil protection order is proper in any county where any one of the acts or behaviors that are subject to the motion or complaint occurred. The act authorizes a judge or magistrate to continue the temporary protection order for a period of not more than one year after the date when the permanent protection order hearing takes place. If the temporary protection order is continued for one year and the petitioner seeks a permanent protection order, the act requires the petitioner to file a motion at least 14 days before the scheduled hearing notifying the court and the respondent of the petitioner's intent to pursue a permanent protection order on the date of the scheduled hearing. The act requires the court to encourage the petitioner to notify the respondent if the petitioner intends not to appear at the permanent protection order hearing, but the court shall neither require the petitioner to attend nor assess attorney fees or costs against the petitioner for choosing not to attend the hearing. The act prohibits service upon the respondent and upon the person to be protected if the temporary protection order is denied or if the petitioner moves to vacate the temporary protection order prior to the court receiving confirmation that the respondent was personally served or had actual knowledge of the request for a civil protection order. If the temporary protection order is based in whole or in part on an act of domestic violence, and the act of domestic violence involved the threat of use of physical force, use of physical force, or attempted use of physical force, the act requires the citation to inform the respondent that the respondent must refrain from possessing or purchasing a firearm or ammunition for the duration of the order and must relinquish, for the duration of the order, a firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control. The act requires the court to grant additional continuances at the petitioner's request if the petitioner is unable to serve the respondent and if the petitioner is able to show the petitioner has made reasonable efforts to serve the respondent or that the respondent is evading service. The act clarifies that a municipal court shall include in the order a provision awarding temporary care and control of any joint or shared minor children of the parties involved for a period of not more than one year after the date on which the temporary care and control is awarded in the temporary protection order. If there is no pending or existing domestic relations or juvenile case in district court involving joint or shared children, the act prohibits the petitioner from being required or instructed to file a complaint for a protection order in district court when the petitioner is otherwise eligible to file for a civil protection order in county court. The act requires temporary protection orders and permanent protection orders to be written and communicated in simple and plain language. The act requires a judge to order a temporary protection order be made permanent if the judge finds that the respondent engaged in a behavior constituting grounds for the issuance of a civil protection order on the basis of sexual violence and that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the petitioner. The act prohibits the court from awarding any costs or assessing any fees, including attorney fees, against a petitioner seeking a civil protection order. The act prohibits a state or public agency from assessing fees for service of process against a petitioner seeking a civil protection order as a victim of domestic abuse, domestic violence, stalking, or sexual violence. As part of a request for a temporary or permanent protection order in a case involving domestic violence, sexual violence, or stalking, the act authorizes the court to enter an order directing a wireless telephone service provider to transfer the financial responsibility for and rights to a wireless telephone number to the petitioner if the petitioner: Is not the account holder; and Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of each wireless telephone number that the petitioner requested be transferred. APPROVED by Governor June 3, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
For income tax years commencing on and after January 1, 2024, but before January 1, 2034, the act creates a refundable, means-tested family affordability tax credit (credit) as follows: A taxpayer who files a single return is allowed a credit for each eligible child of the taxpayer who is 5 years of age or younger in a base amount of $3,200, adjusted for inflation and subject to reductions based on the taxpayer's income level and state economic conditions, and is allowed a credit for each eligible child of the taxpayer who is 6 years of age or older but less than 17 years of age in an amount that is 75% of the amount allowed for children 5 years of age or younger as adjusted and subject to reductions; and Two taxpayers who file a joint return are allowed a credit for each eligible child of the taxpayers who is 5 years of age or younger in a base amount of $3,200, adjusted for inflation and subject to reductions based on the taxpayers' income level and state economic conditions, and are allowed a credit for each eligible child of the taxpayers who is 6 years of age or older but less than 17 years of age in an amount that is 75% of the amount allowed for children 5 years of age or younger as adjusted and subject to reductions. For income tax years commencing on and after January 1, 2024, but before January 1, 2025, the act reduces the $3,200 amount of the credit for a taxpayer filing a single return by 6.875% for each $5000 by which the taxpayer's adjusted gross income exceeds $15,000, and reduces the $3,200 amount of the credit for two taxpayers filing a joint return by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2025, but before January 1, 2026, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the 2025-2026 fiscal year is projected to be at a rate that is greater than or equal to 2%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. If, for income tax years commencing on and after January 1, 2025, but before January 1, 2026, the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the 2025-2026 fiscal year is projected to be at a rate that is less than 2%, the credit is not allowed. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.75%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 6.875% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.56% but less than 3.75%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 9.06% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for two taxpayers filing a joint return, reduces the $3,200 amount of the credit by 9.06% for 2 taxpayers filing a joint return for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.37% but less than 3.56%, then, for a taxpayer filing a single return, the act reduces the $3,200 amount of the credit by 13.59% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $3,200 amount of the credit by 13.59% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3.18% but less than 3.37%, then the act reduces the amount of the credit to $2,600, adjusted for inflation, and, for a taxpayer filing a single return, reduces that amount by 19.23% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $2,600 amount by 19.23% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is greater than or equal to 3% but less than 3.18%, then the act reduces the amount of the credit to $1,650, adjusted for inflation, and, for a taxpayer filing a single return, reduces that amount by 30.30% for each $5,000 by which the taxpayer's adjusted gross income exceeds $15,000, and, for 2 taxpayers filing a joint return, reduces the $1,650 amount by 30.30% for each $5,000 by which the taxpayers' adjusted gross income exceeds $25,000. For income tax years commencing on or after January 1, 2025, the department of revenue is required to adjust the federal adjusted gross income amounts set forth in the act to reflect inflation for each income tax year in which the credit is allowed if cumulative inflation since the last adjustment, when applied to the current limits, results in an increase of at least one thousand dollars when the adjusted limits are rounded to the nearest $1,000. For income tax years commencing on and after January 1, 2026, but before January 1, 2034, if the compound annual growth of the state's nonexempt revenue from the 2024-25 fiscal year to the applicable fiscal year is projected to be at a rate that is less than 3%, the credit is not allowed. The credit is not considered to be income or resources for the purpose of determining eligibility for the payment of public assistance benefits and medical assistance benefits authorized under state law or for a payment made under any other publicly funded programs. The department of revenue is authorized and encouraged to develop a means of refunding the credit in 12 equal monthly refunds rather than annually. For the 2024-225 state fiscal year, $178,491 is appropriated from the general fund to the department of revenue for the implementation of the act. APPROVED by Governor May 31, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act requires a court to award reasonable attorney fees to a prevailing governmental entity in an action for judicial review of a local land use decision involving residential use with a net project density of 5 dwelling units per acre or more, except for an action brought by the land use applicant before the governmental entity. Filing an action for judicial review of a local land use decision does not affect the validity of the local land use decision. The act authorizes a governmental entity and the public to rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved. APPROVED by Governor May 30, 2024 EFFECTIVE May 30, 2024(Note: This summary applies to this bill as enacted.)