Transportation Legislation Review Committee. The bill creates the vulnerable road user protection enterprise in the department of transportation (CDOT) for the purpose of providing funding for transportation system infrastructure improvements and other data-driven strategies identified in the federal highway administration-mandated vulnerable road user safety assessment, which CDOT is required to develop, that reduce the number of collisions with motor vehicles that result in death or serious injury to vulnerable road users (eligible projects). The enterprise is required to impose a vulnerable road user protection fee, which is imposed in tiered amounts that are calculated based on motor vehicle weight and configuration, on the registration of passenger cars and light trucks that are not commercial vehicles. Fee revenue is credited to a newly created vulnerable road user protection enterprise cash fund and continuously appropriated to the enterprise. The enterprise is authorized to provide grants, subject to specified parameters relating to grant amounts, matching money requirements, and the use of grant money, to fund eligible projects. The enterprise is required to: Publish and post on its website a 5-year plan that details how the enterprise will execute its business purpose and estimates the amount of funding that will be available to implement the plan; Create, maintain, and regularly update on its website a public accountability dashboard; and Prepare an annual report, present the report to the transportation commission and specified legislative committees, and post the report on its website.(Note: This summary applies to this bill as introduced.)
Sponsored bills
Colorado Youth Advisory Council Review Committee. The bill creates the licensed school mental health professional loan repayment program (program) in the department of higher education. The purpose of the program is to provide loan repayment of up to $10,000 to eligible school counselors, school psychologists, and school social workers who provide mental health services to students who have limited access to mental health services. The commission on higher education (commission) administers the program. The bill creates in the state treasury the licensed school mental health professional loan repayment program fund. The bill requires that the commission submit an annual report to the education committees of the house of representatives and the senate on or before October 31 of each year the program is operational. The program repeals on July 1, 2029. (Note: This summary applies to this bill as introduced.)
The act requires that a report related to a seizure and forfeiture include the estimated value and equity of the property and information on the outcome of the forfeiture proceeding. The act appropriates $22,549 to the department of local affairs that is reappropriated to the office of the governor for use by the office of information technology and includes 0.2 FTE. APPROVED by Governor June 7, 2023 EFFECTIVE September 1, 2023 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act prohibits insurers from denying a homeowner's insurance policy or a dwelling fire insurance policy or increasing the premium for such a policy based on the breed or mixture of breeds of dog that resides at the insured dwelling, while allowing denial if a specific individual dog is a dangerous dog. Insurers are also prohibited from asking or otherwise inquiring about the specific breed or mixture of breeds of dog kept at a dwelling except to ask if the dog is known to be or has been declared a dangerous dog. For purposes of these provisions, a dwelling includes a dwelling unit that is a structure or part of a structure that is used as a home, residence, or sleeping place by a tenant. The act also requires that an officer executing a writ of restitution inspect the premises for pet animals and give any pet animal found to the tenant of the premises if the tenant is present at the time the writ is executed. If a tenant is not present, the officer must contact a local authority in charge of animal control to take custody of any pet animal. The landlord shall provide the local animal control authority with access to the premises to allow the pet animals to be removed or secured and with the name and contact information for the tenant and shall leave contact information for the tenant as to where the pet animal has been taken by posting notice in a visible place at the premises. The act provides that no pet animal shall be removed from the premises during the execution of a writ and left unattended on public or private property. The act also limits the amount of an additional security deposit a landlord can receive from a prospective or current tenant as a condition of permitting the tenant's pet animal to reside at the residential premises to a refundable $300. Additionally, a landlord is prohibited from demanding or receiving additional rent from a tenant as a condition of permitting the tenant's pet animal to reside at the residential premises in an amount that exceeds $35 per month or 1.5% per month of the tenant's monthly rent, whichever is greater. The act also excludes pet animals from the categories of a tenant's personal property that a person who rents furnished or unfurnished rooms or apartments may place a lien on for unpaid board, lodging, or rent. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act restricts a landlord, with certain exceptions, from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. A landlord may not require a prospective tenant to have an annual income that exceeds 200% of the annual cost of rent. A landlord who violates one of the new prohibitions is subject to an initial penalty of $50, to be paid to the aggrieved party. A landlord who does not cure the violation is also subject to a penalty of $2,500, to be paid to the aggrieved party in addition to the initial penalty and any economic damages, court costs, and attorney fees. A violation is also an unfair housing practice subject to enforcement by private persons, the attorney general, and the Colorado civil rights division. The act prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds the amount of 2 monthly rent payments. The act allows a tenant who is subject to an eviction action to assert as an affirmative defense that the tenant's landlord has violated or is in violation of certain state laws concerning unfair housing practices. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires a landlord and residential tenant to participate in mandatory mediation prior to commencing an eviction action if the residential tenant receives supplemental security income, federal social security disability insurance, or cash assistance through the Colorado works program (collectively, "cash assistance"). The landlord and residential tenant do not have to participate in mediation if the residential tenant did not disclose or declined to disclose in writing to the landlord that the residential tenant receives cash assistance, the complainant is a 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants, or the complainant is a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. Failure to comply with mandatory mediation is an affirmative defense. The act prohibits a law enforcement officer from executing a writ of restitution against a residential tenant for at least 30 days after the entry of judgment if the residential tenant receives cash assistance, except in the case in which a court has ordered a judgment for possession for a substantial violation or in the case of a landlord with 5 or fewer single-family rental homes and no more than 5 total rental units. The act requires a written demand to include a statement that a residential tenant who receives cash assistance has a right to mediation prior to the landlord filing an eviction complaint with the court. The act requires a written rental agreement to include a statement that current law prohibits source of income discrimination and requires a non-exempt landlord to accept any lawful and verifiable source of money paid directly, indirectly, or on behalf of a person. The act prohibits a written rental agreement from including a waiver of mandatory mediation or a clause that allows a landlord to recoup any costs associated with mandatory mediation. The act appropriates $328,026 from the general fund to the judicial department for use by courts administration. To implement this act, the department may use this appropriation as follows: $246,076 for general courts administration; $75,000 for information technology infrastructure; and $6,950 for capital outlay. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
Section 2 of the act creates the legislative interim committee on ozone air quality (committee) to study ozone air quality in the state. The committee consists of 6 members of the senate and 6 members of the house of representatives. The committee may meet up to 6 times during the 2023 interim. With respect to an allegation in a complaint or the belief of the division of administration in the department of public health and environment (division) regarding a violation or noncompliance related to air quality laws (violation), section 3 requires the division to: Cause a prompt and diligent investigation into the violation to be made unless the complaint clearly appears to be frivolous, falsified, or trivial or the complainant withdraws the complaint within the investigation time period; Within 30 days after receipt of the complaint, respond to a complainant to outline the steps of the complaint investigation; If the division is acting in response to a complaint, notify the complainant that an investigation has commenced at the time that the division provides notice to the owner or operator of the air pollution source; and Accept and consider all relevant evidence that it receives or acquires when investigating the alleged violation, unless the evidence is, on its face, falsified. If the division determines that a violation has occurred, current law requires the division to issue a compliance order unless the responsible party gives timely notice that the violation occurred during a period of start-up, shutdown, or malfunction. Section 3 removes the exception for periods of start-up, shutdown, or malfunction. Section 3 also prohibits the division from assessing a penalty for a violation that is less than the economic benefit that the owner or operator derived from the violation. Section 3 also requires, if a hearing is requested, the air quality control commission to provide at least 45 days' notice to any complainant that submitted a complaint alleging the applicable violation and allows the complainant to participate as a party to the hearing. Current law provides that any noncompliance that occurs during a period of start-up, shutdown, or malfunction exempts the owner or operator of a source of pollution from the duty to pay penalties related to that noncompliance. Section 3 removes this provision. Current law requires the division to consider certain factors in determining the amount of a civil penalty to assess for a violation. Section 4 requires the division to also consider the severity of the violation. Current law provides that any action related to an alleged violation of air quality laws that is not commenced within 5 years after the occurrence of the alleged violation is time barred. Section 5 excludes actions commenced to address a failure to obtain a permit from this statute of limitation. Section 6 requires the oil and gas conservation commission (COGCC), by April 28, 2024, to promulgate rules that evaluate and address the cumulative impacts of oil and gas operations. The rules must include a definition of cumulative impacts. Section 7 allows any person to submit a complaint to the COGCC. The COGCC or the director of the COGCC is required to promptly commence and complete an investigation into the violation alleged in the complaint, unless the complaint clearly appears on its face to be frivolous, falsified, or trivial or the complainant withdraws the complaint. The COGCC must also accept and consider all relevant evidence it receives or acquires when investigating the violation, unless the evidence is, on its face, falsified. For the 2023-24 state fiscal year, section 8 appropriates $79,493 from the general fund to the department of public health and environment for use by the air pollution control division in the following amounts: $71,473 for personal services related to stationary sources; and $8,020 for operating expenses related to stationary sources. For the 2023-24 state fiscal year, section 8 also appropriates $820,697 from the oil and gas conservation and environmental response fund to the department of natural resources in the following amounts: $725,531 for use by the COGCC for program costs; and $95,166 for use by the office of the executive director of the department of natural resources, which is reappropriated to the department of law to provide legal services for the department of natural resources. For the 2023-24 state fiscal year, section 8 also appropriates $61,616 from the general fund to the legislative department in the following amounts: $26,180 for use by the legislative council; $18,452 for use by the committee on legal services; and $16,984 for use by the general assembly. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the act enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which: Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism; Repeals the current definition of "harass" that requires creation of a hostile work environment and redefines "harass" or "harassment" as unwelcome conduct directed at an individual or group of individuals in, or perceived to be in, a protected class, which conduct is subjectively offensive to the individual alleging harassment and objectively offensive to members of the same protected class as the individual alleging harassment, and which conduct need not be severe or pervasive to constitute a discriminatory or an unfair employment practice; Adds protections from discriminatory or unfair employment practices for individuals based on their marital status; For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice and specifies that the exception is limited to situations in which there is no reasonable accommodation that would allow the individual to satisfy the essential functions of the job; Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor; Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable; and Requires an employer to maintain personnel and employment records for at least 5 years and, with regard to complaints of discriminatory or unfair employment practices, to maintain those records in a designated repository. The act appropriates a total of $1,248,170 from the general fund for the 2023-24 state fiscal year, allocated as follows to the following state departments and offices, to implement the act: $152,866 to the department of corrections; $23,469 to the department of education; $35,415 to the office of the governor; $23,363 to the department of health care policy and financing; $129,081 to the department of human services; $146,894 to the judicial department; $46,833 to the department of labor and employment; $17,708 to the department of law; $76,276 to the department of natural resources; $89,090 to the department of personnel; $52,912 to the department of public health and environment; $52,912 to the department of public safety; $266,298 to the department of regulatory agencies; and $47,045 to the department of revenue. Additionally, $88,008 is appropriated from the state highway fund to the department of transportation to implement the act. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates a right of first refusal of a local government to match an acceptable offer for the sale of a multifamily residential or mixed-use rental property consisting of 15 or more units in an urban county or 5 or more units in a rural or rural resort county (property). The right to the purchase of the property by the local government is effective on and after August 7, 2023 until August 1, 2028, is subject to the local government's commitment to using the property as long-term affordable housing, and, if the property is mixed-use, applies only to the residential portion of the property. The local government may assign its right of first refusal to a housing authority that is within the local government's jurisdiction, to a regional housing authority, or to the Colorado housing and finance authority subject to the limitation that the assignee make the same commitment to using the property as long-term affordable housing. The act requires notices to be given by the seller to the local government and by the local government to the seller and to residents of the property. Upon receiving notice of intent to sell or of a potential sale of property, the local government has 7 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 if practicable but within not more than 90 calendar days of the execution of an agreement for the sale and purchase of the qualifying property; except that there are certain circumstances that may allow these periods to be tolled. Prior to the sale of a property, the seller is required to execute and record an affidavit in the real property records of the county in which the property is located certifying that either the rights and property interests of the local government have expired or been released or waived or that the local government or its assignee is the purchaser of the property. The act allows certain sales of property to be exempt from the right of first refusal and the requirements established by the act for the right of first refusal. The act also allows the local government to waive its right of first refusal to purchase a property if the local government elects to disclaim its rights to any proposed transaction or for any duration of time or if there is a third-party buyer interested in purchasing the property with the same commitment to preserving or converting the property for long-term affordable housing that enters into an agreement with the local government concerning the third-party buyer's commitment to long-term affordable housing. If the local government, its assignee, or a third-party buyer who has committed to preserving or converting the property for long-term affordable housing has acquired the property and maintained the property for long-term affordable housing for 50 years, the property may be converted to another use if the following conditions are met: Notice is given to residents prior to the conversion; Any displaced residents are provided with compensation for relocation; and The local government, its assignee, or a third-party buyer who has committed to preserving or converting the property for long-term affordable housing guarantees the development or conversion of an equal or greater amount of units within the boundaries of the local government for long-term affordable housing and offers the units first to any residents displaced by the conversion of the property. The act also provides that the attorney general's office has responsibility to enforce the provisions of the act and that the attorney general's office, the local government, or a mission-driven organization has standing to bring a civil action for violations of the right of first refusal established by the act. If a court finds that a seller or a third-party buyer that has entered into an agreement with the local government for the waiver of the local government's right of first refusal has materially violated the law with respect to the provisions of the right of first refusal, the court must award a statutory penalty of not less than $50,000 or an amount equal to 30% of the purchase or listing price of the property, whichever amount is greater. VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)