Sen. Mike Weissman

Under current law, a person commits an unfair and unconscionable act or practice if the person engages in price gouging with regard to the sale or provision of certain goods or services during, and for a certain period after, a declared emergency disaster (disaster period). The act extends the disaster period from 180 days after the first declaration of the disaster to 180 days after the final declaration concerning the disaster expires. The act also repeals and reenacts the "Colorado Antitrust Act of 1992" as the "Colorado State Antitrust Act of 2023" (antitrust act) and: Establishes that the facilitation or aiding and abetting of another person's violation of the antitrust act is itself a violation of the antitrust act; Authorizes the attorney general (AG) to request discovery from any person that the AG believes may in the future engage in, or has information related to, a violation of the antitrust act; Authorizes the AG to deem investigatory or intelligence records related to the antitrust act available for public inspection and allows the AG to issue public statements or warnings regarding conduct forming the basis of the investigatory or intelligence records; Authorizes a court, upon request of the AG, to compensate a person that has been injured from a violation of the antitrust act as part of a civil action that the AG brings on behalf of the person; Increases the maximum civil penalty that a court may award for a violation of the antitrust act from $250,000 to $1,000,000 per violation; and With regard to the statute of limitations for commencing a civil action under the antitrust act: Clarifies that a cause of action accrues on the date of the last in a series of acts or practices that, in the aggregate, constitute a violation of the antitrust act; and Tolls the statute of limitations for any civil action pertaining to an alleged violation of the antitrust act during the pendency of a federal proceeding regarding the conduct forming the basis of the alleged violation of the antitrust act. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 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 the Colorado adult high school program (program) in the office responsible for adult education within the department of education (department). The purpose of the program is to create a pathway for Coloradans who are 21 years of age or older and do not have a high school diploma to attend high school and earn a diploma at no cost. Students may also earn industry-recognized certificates, career and technical education certificates, or college credits at no cost through the program. The act requires the department to award a grant to a Colorado community-based nonprofit organization (organization) to operate the program as an education provider. The education provider is required to: Secure and maintain a building for the program; Contribute funding annually for operating and facility costs; Hire educators and school personnel, including life coaches who help students navigate academic and personal challenges; Propose an academic accountability system with the approval of the department; Establish minimum graduation requirements; Award Colorado high school diplomas to students who successfully complete the graduation requirements; Use an evidence-based educational model that a third-party evaluator has proven effective; Develop courses that may be offered to student in person; Develop online courses for students who take classes in person and demonstrate academic readiness for remote course work; Consult with a nonprofit organization that has successfully implemented an evidence-based educational model for adults in another state; Serve all students, regardless of immigration status; Enroll no more than 400 students at one time; Comply with state and federal laws concerning students with disabilities, including students with accommodations pursuant to section 504 of the federal "Rehabilitation Act of 1973"; Create individualized education programs for students with disabilities; Collaborate with local district colleges, community colleges, area technical colleges, or local career and technical education programs to ensure access to courses that can lead students to graduate with industry-recognized certificates; Fund industry-recognized and career and technical certificate programs at no cost to students; Create a plan in collaboration with institutions of higher education to authorize teachers to teach courses for students to obtain college credit and to align teacher qualification requirements with the state concurrent enrollment program; Operate a licensed, on-site child care center for students with children; and Offer transportation assistance to students who enroll in the program. The department is required to establish a fair and transparent application process in order to select an organization to operate the program. The application process must include input from the office within the department responsible for adult education. On or before July 31, 2025, July 31, 2026, and March 30, 2027 the education provider is required to report to the department on the status of the program. On or before November 30, 2025, November 30, 2026, and June 30, 2027, the department is required to report the status of the program to the house of representatives education committee and the senate education committee, or their successor committees, including but not limited to: Student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender, and disability; Accountability measure outcomes; and The number of industry-recognized certificates, college credits, and overall average credit attainment that students earn each term. The program repeals July 1, 2027. The act appropriates $5 million from the general fund to the department for the program and for legal services. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

Under current law, a court may only grant a no-knock search warrant under certain circumstances. The act adds a requirement that there is either probable cause for an arrest of a suspect or no-knock entry is necessary because of a credible threat to the life of any person including the executing officers. The act requires a peace officer executing a search warrant on a dwelling to: Execute the warrant between the hours of 7 a.m. and 7 p.m. unless the judge authorizes execution at another time; Be readily identifiable as a law enforcement officer in uniform, wearing a visible law enforcement badge; Wear and activate a body-worn camera when entering a premises; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except when the court authorizes a no-knock warrant or if the circumstances known to the officer at the time provide a objectively reasonable basis that a no-knock entry or not waiting a reasonable amount of time is necessary because of an emergency threatening life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself. The act requires a peace officer who makes a warrantless entry into a dwelling to: Wear and activate a body-worn camera when entering a premises for the purpose of enforcing the law; and Knock and announce the officer's presence at a volume loud enough for the officer to reasonably believe the occupants inside can hear and allow a reasonable amount of time before entering given the size of the dwelling for someone to get to the door, except if the circumstances known to the officer at the time provide an objectively reasonable basis to believe that a no-knock entry or not waiting a reasonable amount of time is necessary because: An emergency threatens the life of or grave injury to a person, provided that the imminent danger is not created by law enforcement itself; or The officer is in hot pursuit of a fleeing suspect. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

The act requires the supreme court to select members of the commission on judicial discipline (commission) who are district and county judges from nominee pools created by the state court administrator. Upon a vacancy of a district judge or county judge member, the state court administrator shall create a nominee pool of 10 district or county judges, as appropriate. When making its selection, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county. The office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel (judicial oversight entities) are required to provide requested material to the commission within 14 calendar days after the request, and a judicial oversight entity may not withhold requested material through a claim of privilege or confidentiality. A provision in a contract entered into after the effective date of the act that prohibits a judicial oversight entity from disclosing information to the commission is void as against public policy and is unenforceable. The rule-making committee that is established in the constitution to propose rules for the judicial discipline process shall provide the commission and judicial discipline adjudicative board (board) with reasonable notice before proposing any new rule or amendment and requires the committee to post notice of each rule change and allow for public comment concerning proposed changes. Current law requires the commission to maintain annual data and statistics related to its work and judicial misconduct allegations. The act requires the commission to maintain additional information and requires the commission to include the data and information in its annual report and make the data and information available online in a searchable format. The act permits a person to submit a request for evaluation of judicial misconduct by mail or online and to submit a confidential or anonymous request for evaluation. The office of judicial discipline (office) is required to develop an online request for evaluation form that is accessible from the commission's public website. The office shall provide complainants with information about the judicial discipline process, the status of the complainant's request, and any subsequent investigation and disciplinary or adjudicative process. The act requires a judge member of a board panel hearing a judicial discipline proceeding to provide administrative staff support for the panel. The act repeals the statute establishing the legislative interim committee on judicial discipline and statutory provisions concerning the confidentiality of judicial discipline investigation records, including repealing the penalty for disclosing confidential information. The portions of the act concerning the selection of judge members of the commission, the board, and judicial discipline rule-making take effect only if House Concurrent Resolution 23-1001 is approved by the people at the general election to be held November 2024. The act appropriates $126,986 to the judicial department for use by the commission for the office. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that portions of the act shall take effect only if House Concurrent Resolution 23-1001 is approved by the people at the general election to be held November 2024 and will take effect on the date of the official declaration of the vote on said Concurrent Resolution 23-1001 by the governor; except that, if a referendum petition is filed pursuant to this act, then the act or section will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies' sunset review and report on the sex offender management board (board) by: Continuing the board for 5 years, until September 1, 2028; Clarifying that supervising officers are required to follow guidelines and standards and directing agencies that employ supervising officers to collaborate with the board to hold accountable those who fail to do so; Repealing the limitation on the number of treatment providers (providers) given to offenders when choosing a provider, and requiring that the supervising agency of each adult sex offender and juvenile who has committed a sexual offense (offender) shall provide the offender with a complete list of approved providers who have the expertise to work with the specific risks and needs of that particular offender. If the offender is a person with an intellectual and developmental disability, the supervising agency shall make a recommendation to a provider approved by the board to work with that population. Requiring standards compliance reviews on at least 10% of providers every 2 years; Updating language concerning fingerprints to reflect current practice; and Relieving the department of regulatory agencies of its responsibility to publish a list, together with the board, of approved providers. In addition to the recommendations made by the department of regulatory agencies in its sunset review and report, the act: Updates and clarifies the definitions for "adult sex offender", "juvenile who has committed a sexual offense", and "sex offender"; Requires each presentence report prepared regarding an offender contain the results of an evaluation for treatment and risk, procedures for monitoring behavior for the protection of victims and potential victims, and an identification developed pursuant to statute; Ensures that, to the extent possible, treatment options for an offender are responsive to the age and developmental status of the offender at the time of treatment, as well as the linguistic, cultural, religious, and racial characteristics; sexual orientation; gender identity; and gender expression of the offender being treated; Requires the board, in collaboration with the state board of parole, to revise the specific sex offender release guideline instrument, on or before December 1, 2023, for those inmates classified as sex offenders with determinate sentences. The revised release guideline instrument must incorporate the concepts of risk-need-responsivity or another evidence-based correction model and be as flexible as possible to ensure that the offender has timely access to necessary programs. Requires the department of corrections (department) to identify all inmates who are classified to undergo treatment, eligible to receive treatment, and have not been provided with the opportunity to receive such treatment while incarcerated. For each such inmate, the department is required to report specified individual data to the board on or before July 31, 2023. Further requires the department to report to the board aggregate data on the identified offender population on or before July 31, 2023; Creates a subcommittee of the board with representative stakeholders to: Study and develop solutions to address treatment resources for offenders who are incarcerated or in the custody of the department; Analyze data and identify barriers faced by the department in providing timely access to treatment to offenders; Make recommendations for eliminating those barriers; Review and consider revisions to the department's policies and regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements; Review parole guidelines for offenders with determinate sentences and make revisions to prevent unnecessary backlog in treatment to meet parole eligibility requirements; and Determine how to increase the number and availability of approved providers and other resources for offenders. Clarifies that placements and treatment options for juvenile offenders must reflect the complex needs of the juveniles served and that the division of youth services is responsible for working with juvenile offenders; Allows the department to employ or contract with an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services if the director of the program is a board-approved provider and conforms with the guidelines and standards established by the board; and Specifies the qualifications that providers must have and when the department may terminate a contract with a provider. For the 2023-24 state fiscal year, $163,946 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for sex offender supervision. An additional $43,122 is appropriated from the general fund to the judicial department for general courts administration. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

Current law requires that certain entities submit a plan (clean energy plan) to the division of administration (division) in the department of public health and environment (department) and the public utilities commission (PUC) to reduce the entity's greenhouse gas emissions associated with the entity's electricity sales and to achieve at least an 80% reduction in greenhouse gas emissions caused by the entity's Colorado retail electricity sales by 2030 relative to 2005 levels (2030 clean energy target). In addition to meeting the 2030 clean energy target, the act requires that any clean energy plan submitted to the division on or after January 1, 2024, achieve at least a 46% reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2027 relative to 2005 levels if the achievement of the 46% reduction in greenhouse gas emissions will maintain reliability and result in an incremental average annual cost of no more than 2.5% of the entity's system costs (new clean energy plan requirements). As part of any electric resource plan developed, finalized, or submitted on or after July 1, 2023, any entity that submits a clean energy plan to the division before January 1, 2024, is required to model: At least one portfolio that achieves the 2030 clean energy target; and At least one portfolio that achieves greater greenhouse gas emissions reductions than the reductions that the clean energy plan submitted before January 1, 2024, is projected to achieve by 2027 and the 2030 clean energy target. The act also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity's 2005 baseline greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and estimated 2030 greenhouse gas emissions on: The greenhouse gas emissions from each resource that is used to supply electricity to the entity's retail electricity customers; and The greenhouse gas emissions from each resource that generates electricity and that is owned by the entity if the applicable greenhouse gas emissions are not otherwise required to be included in another entity's clean energy plan. The act also requires the division to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division, for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC, must: Calculate the percentage of reduction in greenhouse gas emissions achieved by December 31, 2027, relative to 2005 levels; and Determine whether each entity has obtained all of the resources necessary to achieve the 2030 clean energy target. If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the division determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the greenhouse gas emissions by the entity to ensure that the entity achieves the 2030 clean energy target and the division shall amend any of the entity's operating permits for sources of greenhouse gas emissions to ensure that the entity achieves the 2030 clean energy target. The act also requires: If a utility's Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts and emits greenhouse gases directly into the atmosphere to submit a clean energy plan to the division that covers all greenhouse gas emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. Any entity required to submit a clean energy plan to the division may designate another entity to submit a clean energy plan on its behalf or submit a joint clean energy plan with another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for greenhouse gas emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for greenhouse gas emissions associated with electric utility transactions in organized markets. No later than March 31, 2026, any entity that is required to submit a clean energy plan may inform the division in writing of any challenges that the entity is encountering in achieving the 2030 clean energy target (challenges). If an entity informs the division of any challenges, the division and the Colorado energy office must hold at least one stakeholder meeting in 2026 to discuss the challenges. If the entity informs the division that the entity is still encountering challenges after the stakeholder meeting, no later than December 31, 2026, the division shall report the challenges to the general assembly. The act defines "cooperative retail electric utility" as a retail electric utility that has: Indicated an intent to submit or, on or after December 1, 2020, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting generation source other than the cooperative retail electric utility's wholesale generation and transmission cooperative (cooperative retail electric utility) provider. A cooperative retail electric utility must submit a clean energy plan to the division no later than 24 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that the cooperative retail electric utility meets the new clean energy plan requirements and the 2030 clean energy target. Upon the request of the cooperative retail electric utility, certain entities must provide any emissions data in their possession that is necessary for the cooperative retail electric utility to develop and submit a clean energy plan to the division. The act also defines "wholesale power marketer" as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state and that supplies 300,000 megawatt-hours or more of electricity to entities in the state annually (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The greenhouse gas emissions associated with the retail electric utility's operations are not otherwise required to be included in another entity's clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer meets the new clean energy plan requirements and the 2030 clean energy target. A wholesale power marketer that supplies electricity to any entity must, upon request of the entity, provide any emissions data in its possession that is necessary for the entity to develop and submit a clean energy plan to the division. The act also defines "new electric utility" as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the greenhouse gas emissions by the new electric utility to ensure that the new electric utility meets the new clean energy plan requirements and the 2030 clean energy target. For the 2023-24 state fiscal year, the act appropriates $276,384 from the general fund to the department for the following uses: $189,420 for use by the air pollution control division for personal services related to stationary sources; $23,520 for use by the air pollution control division for operating expenses related to stationary sources; and $63,444 for legal services. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

For consumer credit transactions made or renewed on or after January 1, 2024, the act modifies the requirements for alternative charges for loans not exceeding $1,000 as follows: Reduces the permissible acquisition charge on the original loan from 10% to 8% of the amount financed and increases the permissible acquistion charge on any refinanced loan from 7.5% to 8%; Reduces the permissible amount for a monthly installment account handling charge; Increases the minimum loan term from 90 days to 6 months; Eliminates delinquency charges for the loan; Amends the conditions upon which an acquisition charge must be refunded to the consumer by eliminating the 60-day deadline for prepaying in full, refinancing, or consolidating a loan and changes how the unearned portions of the acquisition charge and monthly installment handling charges are calculated; Details the requirements for an application for the loan and specifies how the loan application requirements impact a determination of unconscionability of the loan; and Decreases the number of times a lender may refinance a consumer loan from 3 times in a year to once in a year. For consumer credit transactions made or renewed on or after July 1, 2024, the act: Opts Colorado out of the amendments to the "Federal Deposit Insurance Act", the federal "National Housing Act", and the "Federal Credit Union Act" and specifies that rates established in the Colorado "Uniform Consumer Credit Act" apply to consumer credit transactions in this state; and Repeals provisions specifying that lender or seller credit cards issued by a credit card bank or financial institution are subject to limitations on finance charges in statute and instead specifies that genera-purpose credit cards are not subject to limits on finance charges and fees applicable to consumer credit transactions specified in state law. APPROVED by Governor June 5, 2023 PORTIONS EFFECTIVE June 5, 2023 PORTIONS EFFECTIVE July 1, 2024 PORTIONS EFFECTIVE January 1, 2024(Note: This summary applies to this bill as enacted.)

If the adult or juvenile parole board decides to discharge a parolee early, the act requires the parole boards to set the date of discharge at least 15 days after notice is provided to the victim of the discharge or at least 15 days after the decision to grant early discharge if the victim chose not to receive victim notifications. The act requires victim notifications to be communicated in plain and easy-to-understand language and in a manner intended to increase the likelihood of the victim's attention to the notice. APPROVED by Governor June 2, 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.)