Section 2 of the act appropriates $250,000 to the prevention services division (division) within the department of public health and environment to partner with a statewide nonprofit organization to provide healthy eating program incentives among low-income populations in the state and must attempt to improve access to fresh Colorado-grown fruits and vegetables among low-income populations in the state. The nonprofit organization that the division selects for partnership must have experience in supporting healthy eating incentives programs and experience with coordinating healthy eating programs and funding between local, state, and federal programs. Section 3 requires individual taxpayers to add an amount of federal taxable income equal to their federal deduction for business meals to their state income tax liability for the 2024 through 2030 income tax years. Section 4 requires the same of corporate taxpayers. Section 5 creates a refundable tax credit for both small food retailers and small family farms that purchase certain systems or equipment (purchasers) and a member of the community food consortium for small food retailers and Colorado-owned and Colorado-operated farms (the consortium) that completes its duties and responsibilities. For the 2024 income tax year, the tax credit is equal to 85% of the cost of the amount spent by a member of the consortium on completing its duties and 85% of the cost of the systems or equipment purchased by purchasers. For income tax years 2025 through 2030, the tax credit is equal to 75% of the cost of the systems or equipment purchased by the small food retailers and small family farms and 75% of the amount spent by a member of the consortium on completing its duties. Section 6 modifies the small food business recovery and resilience grant program (grant program). Section 6: Allows the department of agriculture to award grants of up to $50,000, rather than $25,000; Allows the department to annually award a grant to a grantee, rather than only once; Modifies the definition of "small food retailer" to include food retailers with less than 10,000 square feet or retail space, rather than less than 5,000 square feet of retail space; and Extends the repeal date of the grant program from September 1, 2027, to September 1, 2031. For the 2023-24 state fiscal year, $360,413 from the general fund is appropriated to the department of agriculture and $44,411 is appropriated to the department of law to provide legal services for the department of agriculture, which consists of money reappropriated from a portion of the appropriation made to the department of agriculture. 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.)
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The act reclassifies various criminal offenses that are currently a felony to a different felony or misdemeanor level. The act changes the elements of some crimes to align with the new sentencing classifications. The act appropriates $32,170 from the general fund to the judicial department for probation programs and services and for capital outlay. APPROVED by Governor June 1, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
The act defines "family time," changes the term "visitation" to "family time" in various places in statute, creates new requirements for dependency and neglect court proceedings, and requires the task force on high-quality family time (task force) to commission and evaluate a state study on family time. On and after January 1, 2024, the act: Requires county departments of human or social services (county departments) to encourage maximum family time; Allows the court and the state department of human services (department) to rely on community resources, foster parents, or relatives to provide transportation or supervision for family time; Creates a presumption that supervised family time is supervised by relatives, kin, foster parents, or other supports (supports) and occurs in the community. This presumption can be rebutted if the health or safety of the child is at risk or if these supports are unavailable or unwilling to provide supervision. Limits the court's ability to restrict or deny family time to situations in which the child's safety or mental, physical, or emotional health is at risk; Requires the court to order family time in the least restrictive setting; Requires county departments to provide information to the court about proposed family time and participation in family time; Prohibits the court or county departments from limiting family time as a sanction for a parent's failure to comply with court-ordered treatment plans so long as the child's safety or mental, physical, or emotional health is not at risk; Prohibits the court, county departments, parents, or supports from limiting family time as a sanction for the child's behavior or as an incentive to improve the child's behavior; Requires the court and county departments to consider parents' and childrens' preferences when determining supervision, location, and timing of family time; States that a person's inclusion in family time does not confer rights not otherwise granted by law; and Gives the state board of human services the authority to promulgate rules to implement the provisions. The act appropriates $142,000 from the general fund to the judicial department for use by the office of the respondent parents' counsel for personal services and $13,879 from the general fund to the department for use by the division of child welfare for Colorado TRAILS. The act also anticipates an appropriation of $7,473 in federal funds for use by the division of child welfare. APPROVED by Governor June 1, 2023 PORTIONS EFFECTIVE June 1, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
Current law requires the court to sentence a person convicted of 2 or more separate crimes of violence arising out of the same incident so that the person's sentences are served consecutively rather than concurrently. For offenses committed on or after July 1, 2023, the act allows a person to petition the court for a modification of the consecutive sentences imposed after at least 2 calendar years but no more than 5 calendar years after the final judgment of conviction or sentence is entered. The court may modify the terms of the sentence if the court finds substantial mitigating factors surrounding the case and if the person has demonstrated substantial actions toward rehabilitation as evidenced by engagement in positive programming; assigned work; treatment, when available; and behavior that is compliant with the rules of the facility or facilities where the person is or was placed. The act allows the court to sentence the defendant to concurrent sentences for 2 or more crimes of violence arising from the same incident when: The parties agreed to waive ineligibility for concurrent sentences; or The following factors are proven by a preponderance of the evidence by the defendant or stipulated by the parties at the sentencing hearing: The defendant has no prior felony convictions for a victim rights offense; and The defendant did not use or possess a firearm or explosive in the commission of the offense or threaten the use of a firearm or explosive during the commission of the offense; and The defendant's action did not result in serious bodily injury or death. For offenses committed on or after July 1, 2023, a defendant convicted and sentenced as an habitual offender who has been sentenced to 24 years or more and has served at least 10 calendar years of the sentence is allowed to petition the court for a modification of that sentence and any other habitual sentence. The defendant has the burden of demonstrating, by a preponderance of the evidence, that there are substantial mitigating factors regarding the circumstances of the offense or offenses or mitigating factors regarding the circumstances of the defendant at the time of conviction; that the defendant has demonstrated positive, engaged, and productive behavior in the department of corrections; and that the defendant does not currently present a risk to the community at large. If the court determines that a modification of sentence is justified, the court may resentence the defendant to a term of at least the midpoint in the aggravated range for the class of felony for which the defendant was convicted, up to a term less than the current sentence. APPROVED by Governor June 1, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
Beginning January 1, 2024, the act requires a municipality that has a municipal ordinance that criminalizes an act of domestic violence to adopt an ordinance establishing: Protections and rights for victims, victims' families, and witnesses; sentencing guidelines; conditions of probation; conditions of release on bond; and guidelines and standards that are consistent with similar provisions for prosecuting an act of domestic violence in district court; and A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed makes a reasonable effort to remain as the prosecuting attorney throughout the proceeding. In a case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, the act requires a municipal court to issue a protection order; report or cause to be reported the alleged violation to the Colorado bureau of investigation (CBI) and enter the information into the Colorado crime information center (CCIC) database and the national crime information center (NCIC) database; and search the CBI, CCIC database, and the NCIC database to determine if the respondent has a history of domestic violence. The act states that any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence is a misdemeanor for the purposes of complying with federal law. The act authorizes any affected person to enforce compliance with the act by notifying the crime victim services advisory board of any noncompliance. If the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the act requires the board to refer the report to the governor, who shall request that the attorney general file suit to enforce compliance. Beginning January 2025 and each year thereafter until January 2029, the act requires the department of public safety to report during the department's "SMART Act" hearing the total number of reports and inquiries submitted to CBI, the CCIC database, and the NCIC database. APPROVED by Governor May 25, 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 establishes an annual jury appreciation day on September 5 of each year. The total number of legal holidays in a state fiscal year available to an employee of a state agency is not changed by adding annual jury appreciation day. APPROVED by Governor May 24, 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 the secretary of state to refer a ballot issue to voters at the November 2023 election. Most of the act only becomes effective if the voters approve the ballot issue. Beginning with the 2023 property tax year, the act establishes a limit on specified property tax revenue for local governments, excluding those that are home rule and school districts, that is equal to inflation above the property tax revenue from the prior property tax year (limit). A local government may establish a temporary property tax credit up to the number of mills necessary to prevent the local government's property tax revenue from exceeding the limit. Alternatively, the governing board may approve a mill levy that would cause the local government to exceed the limit if the governing board approves the mill levy at a public meeting that meets certain criteria. The act temporarily reduces the valuation for assessment (valuation) for certain subclasses of nonresidential and residential property for the property tax years 2023 through 2032 and creates the new subclass of renewable energy agricultural land, which is a subclass of nonresidential property. The act also establishes the residential real property subclasses of primary residence real property and qualified-senior primary residence real property and establishes administrative procedures related to the classification that are based on the procedures for the homestead exemption, with those procedures expanded to treat civil union partners like spouses. Several property tax deadlines for the 2023 property tax year are delayed because of the possible valuation reductions that are contingent on the 2023 ballot. County assessors are required to provide information to taxpayers about the new valuations for assessment and the application process for primary residence real property and qualified-senior primary residence real property. The act modifies an existing mechanism designed to reimburse local governmental entities for property tax revenue reductions by extending the backfill through 2032, incorporating the lost revenue due to the act, clarifying how the reimbursement is determined, excluding local governmental entities that have a certain amount of growth in assessed value, capping the total amount of state backfill, and eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year. If the voters approve the referred ballot issue, which the act requires to be called "proposition HH", then the state will be authorized to retain and spend revenues up to the proposition HH cap, the amount of which is determined under the act. The ability of the general assembly to continue retaining and spending this money after the fiscal year 2031-32 is contingent on the general assembly enacting future valuation reductions. The amount retained under this authority is first used in the following fiscal year to backfill certain local governments for the reduced property tax revenue as a result of the property tax changes in the act and Senate Bill 22-238 "Concerning reductions in real property taxation for only the 2023 and 2024 property tax years" and then up to $20 million for the amount of property taxes that are paid as a portion of a tenant's rent. Any remaining amounts are transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 NOTE: The act takes effect only if a majority of voters approve the ballot issue referred in accordance with section 24-77-202, and in which case the act takes effect on the date of the official declaration of the vote thereon by the governor; except that, section 3; section 39-1-104.2 (3.7); section 39-3-210 (1)(a.3), (1)(e), and (2.5); section 18; section 23; and section 24 of the act take effect upon passage. (Note: This summary applies to this bill as enacted.)
If the state exceeds its fiscal year spending limit, it is required to refund the excess state revenues (TABOR refund). The act changes the way the state will distribute a TABOR refund for the 2022-23 state fiscal year. Currently, there are 3 different methods to effectuate a TABOR refund: A reimbursement to counties for property tax revenue reductions as a result of the senior and veteran property tax exemption; A reimbursement to counties for reductions in property tax revenues due to reductions in valuation for assessment; and A six-tier sales tax refund for individual taxpayers under which refunds increase, based on the tiers, as a taxpayer's income increases. The act creates a new temporary refund mechanism (temporary TABOR refund), which is contingent on the voters approving proposition HH at the November 7, 2023, statewide election, that replaces the sales tax refund mechanism for the 2022-23 state fiscal year. Under this mechanism, each qualified individual is eligible to receive an identical refund payment from the remaining excess state revenues from all sources after refunds are made through the county reimbursement mechanisms (remaining excess state revenues). A qualified individual filing a single return is entitled to one temporary TABOR refund, and 2 qualified individuals filing a joint return are entitled to 2 temporary TABOR refunds. APPROVED by Governor May 24, 2023 PORTIONS EFFECTIVE May 24, 2023 PORTIONS EFFECTIVE January 1, 2024 NOTE: Section 2 of the act states that section 1 of the act takes effect only if, at the November 2023 statewide election, a majority of voters approve the ballot issue submitted for their approval or rejection pursuant to section 24-77-202, C.R.S., as enacted by Senate Bill 23-303 and that if the voters at the November 2023 statewide election approve the ballot issue, then section 1 of this act takes effect on the later of January 1, 2024, or the date of the official declaration of the vote thereon by the governor. (Note: This summary applies to this bill as enacted.)
The concurrent resolution amends section 23 of article VI of the Colorado constitution as it relates to judicial discipline. The resolution permits the general assembly to provide in law the process for the supreme court to select the judge members of the Colorado commission on judicial disciple (commission). The resolution specifies that the commission may dismiss complaints and repeals the commission's authority to request appointment of special masters. The resolution repeals the commission's authority to order formal judicial disciplinary proceedings be held before the commission and creates an independent adjudicative board (board) to conduct formal proceedings and hear appeals of the commission's orders imposing informal sanctions. The board is comprised of 4 district court judges, 4 attorneys, and 4 citizens. The resolution prohibits a member of the commission from being appointed to the board and prohibits a member of the board from being appointed to the commission. A randomly selected panel of the board (panel), comprised of one judge, one attorney, and one citizen, conducts formal proceedings in a case. The resolution permits the panel to dismiss a complaint, impose informal sanctions, or impose formal sanctions. The resolution sets the standards of review to be used by the supreme court when it reviews a panel's decision. The resolution requires a tribunal of 7 randomly selected court of appeals and district judges to review the panel's decision when: The proceedings involve a complaint against a Colorado supreme court justice; a Colorado supreme court justice, a staff member to a justice, or a family member of a justice is a complainant or a material witness in the proceeding; or more than 2 justices have recused themselves from the proceeding. The tribunal reviews the panel's decision in the same manner and using the same standards of review as the supreme court does when it reviews panel decisions. Under existing law, commission proceedings are confidential until the commission files recommendations with the supreme court. The resolution makes proceedings public at the commencement of formal proceedings but clarifies that appeals of informal remedial sanctions to the board are confidential. The resolution clarifies that a person is absolutely immune from any action for defamation based on papers filed with or testimony before the commission, adjudicative board, supreme court, or a tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information. The resolution creates a rule-making committee to adopt rules for the judicial discipline process. The rule-making committee consists of 4 members appointed by the supreme court, 4 members appointed by the board, 4 members appointed by the commission, and one victim's advocate appointed by the governor. The rules must include the standards and degree of proof to be applied in judicial discipline proceedings; confidential reporting procedures; and complainant rights. The Colorado rules of evidence and Colorado rules of civil procedure apply to proceedings before a panel until and unless the rule-making committee promulgates rules specifically governing panel proceedings. (Note: This summary applies to this concurrent resolution as adopted.)
The act requires that, for a statement made during a custodial interrogation to be admissible against the defendant in a criminal proceeding, the defendant must be advised of the following prior to making the statement: You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have the right to consult a lawyer prior to questioning and have the lawyer present during questioning; If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you before any questioning if you request one; and You can stop the interview and request to remain silent or request a lawyer at any time before or during questioning. APPROVED by Governor May 15, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)