The act establishes the "Colorado False Claims Act" (false claims act). Pursuant to the false claims act, a person is liable to the state or a political subdivision of the state for a civil penalty if the person commits, conspires to commit, or aids and abets the commission of any of the following (collectively, "false claims"): Knowingly presenting, or causing to be presented, a false or fraudulent claim for payment or approval; Knowingly making, using, or causing to be made or used a false record or statement material to a false or fraudulent claim; Having possession, custody, or control of property or money used, or to be used, by the state or a political subdivision and knowingly delivering, or causing to be delivered, less than all of the money or property; Authorizing the making or delivery of a document certifying receipt of property used, or to be used, by the state or a political subdivision and, with the intent to defraud the state or political subdivision, making or delivering the receipt without completely knowing that the information on the receipt is true; Knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the state or a political subdivision who lawfully may not sell or pledge the property; Knowingly making, using, or causing to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the state or political subdivision; or Knowingly making, using, or causing to be made or used, a false record or statement resulting in the underpayment of unemployment premiums or the payment of unemployment insurance benefits of more than $15,000 in a calendar year. A person who makes a false claim is liable to the state for a civil penalty of $11,800 to $23,600 per violation, plus 3 times the amount of the damages sustained by the state. A court may assess a reduced penalty if the person who makes a false claim furnishes to investigators all the information the person knows about the violation within 30 days after first learning of a potential violation, the person did not know about the investigation when the person furnished the information, and the person fully cooperated with the investigation as follows: If the person furnished the information prior to an action being filed, the person is subject to a civil penalty of $5,900 to $11,800 per violation, plus 1.5 times the amount of the damages. If the person furnished the information while a pending action was under seal, the person is subject to a civil penalty of $7,800 to $15,700 per violation, plus double the amount of the damages. The civil penalty range amounts for a violation are annually adjusted for inflation, rounded upward or downward to the nearest ten-dollar increment and certified by the secretary of state. A person who makes a false claim is also liable for the costs incurred for the investigation and prosecution of the false claim. The attorney general may accept from a person alleged to have made a false claim an assurance of discontinuance or a consent order approved by a court in lieu of, or as a part of, a false claims action. Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding. The false claims act requires the attorney general to investigate false claims. The attorney general or a private person may bring a civil action against a person who made a false claim. The attorney general may intervene in an action brought by a private person. A private person who brings a false claims action may be awarded up to 30% of the proceeds from the action based on the extent the private person contributed to the investigation and prosecution of the false claim. If the private person is an employee of the state and learns information about the false claim in the course of the person's work, the court will award that amount to the state. The false claims act requires that a false claims action be filed in a state district court or federal court with jurisdiction over the action. A court cannot hear a false claim action: Brought against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado, acting in the member's, executive director's, or official's official capacity; Brought against an elected official of a political subdivision, a member of a political subdivision's judiciary, of an appointed official of a political subdivision, acting in the official's or member's official capacity; or Based on the same allegations or transactions that are the subject of a different civil or administrative proceeding. The false claims act prohibits retaliatory action against an individual because of the individual's efforts in furtherance of investigating, prosecuting, or stopping false claims. A court hearing a false claims action may hear a claim for retaliation against the individual. The false claims act clarifies how information subject to a person's attorney-client privilege is protected, unless the privilege is waived, an exception to the privilege applies, or disclosure of the information is permitted by an attorney pursuant to certain federal regulations applicable to attorneys appearing and practicing before the federal securities and exchange commission, the applicable Colorado rules of professional conduct, or otherwise. The false claims recovery cash fund (fund) is created and any proceeds retained by the state from a false claims action are transferred to the fund. Subject to annual appropriation, the department of law may use money in the fund for the costs of investigating and prosecuting false claims. Remaining proceeds are transferred to the fund from which the false claim was paid and the false claims act sets forth the process for paying to a political subdivision any proceeds recovered that are attributable to the political subdivision. The false claims act requires the attorney general to annually submit a report to specified committees of reference about false claims actions during the previous fiscal year. The act authorizes the state auditor to share information about potential false claims with the attorney general and a political subdivision. The act appropriates $13,568 from the general fund to the legislative department for use by the office of the state auditor. (Note: This summary applies to this bill as enacted.)
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The act creates the orphaned wells mitigation enterprise (enterprise) in the department of natural resources for the purpose of: Imposing and collecting mitigation fees; Funding the plugging, reclaiming, and remediating of orphaned wells in the state; Ensuring that the costs associated with the plugging, reclaiming, and remediating of orphaned wells are borne by operators in the form of mitigation fees; and Determining the amounts of mitigation fees. On or before August 1, 2022; on or before April 30, 2023; and on or before April 30 each year thereafter, each operator shall pay a mitigation fee to the enterprise for each well that has been spud but is not yet plugged and abandoned, in accordance with rules promulgated by the Colorado oil and gas conservation commission (commission), in the following amounts: For operators with production that is equal to or less than a threshold to be determined by rules of the commission, $125 for each well; or For operators with production that exceeds a threshold to be determined by rules of the commission, $225 for each well. Money collected as mitigation fees is credited to the orphaned wells mitigation enterprise cash fund (fund), which is created in the act. The act also creates the orphaned wells mitigation enterprise board (enterprise board) and requires the enterprise board to administer the enterprise and, at least annually, to: Consider whether the mitigation fee amounts should be increased or reduced, based on current circumstances and reasonably anticipated future expenditures from the fund; If the enterprise board determines that an increase or reduction of the mitigation fee amounts is warranted, adjust the mitigation fee amounts; and Advise the commission of the outcome of the enterprise board's deliberations. The commission may promulgate rules as necessary to implement the enterprise. (Note: This summary applies to this bill as enacted.)
The act creates the victims of a violent crime brain injury task force (task force). The purpose of the task force is to develop a plan for the creation and implementation of a pilot program for the identification, screening, support, and services of victims of violent crimes for brain injury and providing those who screen positive with the appropriate support and services. The act describes the necessary elements of the plan, the membership for the task force, and reporting requirements. The task force is repealed, effective June 30, 2026. For the 2022-23 state fiscal year, the act appropriates $65,000 from the general fund to the department of public safety for use by the division of criminal justice for implementation of the act. (Note: This summary applies to this bill as enacted.)
Current law requires that a proposal to regulate a new professional or occupational group be submitted to the department of regulatory agencies (department) by December 1 of any year for a sunrise review by the department and requires the department to perform the review and report to the proponents and the general assembly by October 15 of the year following the submission. The act amends the timeline for the department to conduct sunrise reviews of proposals to regulate an unregulated professional or occupational group submitted on or after July 1, 2022, as follows: For proposals submitted between July 1 and December 31 of any year, the department must complete the review by June 30 of the following year; and For proposals submitted between January 1 and June 30 of any year, the department must complete the review by December 31 of that year. Current law allows the department to decline to conduct an analysis and evaluation after reviewing a proposal to regulate a professional or occupational group if the department conducted a review within the previous 36 months and finds that no new information has been submitted that would affect the department's previous determination. The act allows the department to also decline to conduct a review if: The proposed regulatory scheme appears to regulate fewer than 250 individuals; or At least 33 other states license, certify, or require registration of members of the same professional or occupational group. In determining whether a proposed regulation of a professional or occupational group is necessary, the act: Removes the requirement to consider whether, if the professional or occupational group remains unregulated, the potential for harm is easily recognizable and not remote or dependent upon tenuous argument; and Adds the requirement to consider whether the practitioners of the profession or occupation exercise independent judgment, and whether the public can reasonably be expected to benefit from the direct regulation of the profession or occupation if a practitioner's judgment or practice is limited or subject to the judgment or supervision of others.(Note: This summary applies to this bill as enacted.)
The act is a referred measure that will, if approved by the voters of the state at the 2022 general election, require the director of research of the legislative council of the general assembly to include a table in the fiscal summary for any initiated measure that would either increase or decrease the individual income tax rate. The table must have 4 columns as follows: A column identifying 8 income categories; A column identifying the current average income tax owed by taxpayers in each income category; A column identifying the average income tax owed by taxpayers in each income category if the initiated measure were to pass; and A column identifying the difference between the average income tax owed by taxpayers in each income category if the initiated measure were to pass and if the initiated measure were not to pass. The ballot title for a measure that either increases or decreases the individual income tax rate must also include the table created by the director of research of the legislative council of the general assembly for the measure's fiscal summary. (Note: This summary applies to this bill as enacted.)
A commission on judicial discipline (commission) is established in current law pursuant to section 23 (3) of article VI of the state constitution. The act implements the commission by: Specifying the duties of the commission; Establishing and specifying the duties of an office of judicial discipline (office) as an independent office within the judicial department; Authorizing the commission to appoint an executive director of the office and specifying the duties of the executive director; Authorizing the commission to appoint and determine the duties of special counsel, which may include representing the people in formal proceedings; Establishing immunity for commissioners; Requiring the attorney general to provide legal services to the commission and office; Specifying when information should be shared among offices within the judicial department responsible for reviewing actions of current and potential judges and justices; Specifying duties of personnel within the judicial department when they become aware of potential issues of judicial discipline; and Establishing a special cash fund and specifying sources of money for the fund and uses of the money in the fund. For rules, guidelines, and procedures relating to judicial discipline adopted by the supreme court, the act requires the supreme court to: Provide the commission with notice and an opportunity to object and, if the commission objects, to engage with the commission in good-faith efforts to resolve differences; and Post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court. The act creates the legislative interim committee on judicial discipline to study Colorado's system of judicial discipline and make recommendations for necessary changes to that system. The act appropriates: $1,143,438 from the general fund to the commission to implement the act; $88,713 to the department of law from reappropriated funds from the commission; and $53,463 from the general fund to the legislative department for expenses of the interim committee.(Note: This summary applies to this bill as enacted.)
The act requires the judicial department to publish opinions of the Colorado supreme court and the Colorado court of appeals online on or before March 1, 2024, but no earlier than July 1, 2023. The opinions must be published online in a searchable format and be available free of charge. Colorado supreme court and court of appeals opinions that are not published pursuant to state law or court rules are exempt from the online publishing requirement. The judicial department and the general assembly must each include a link to the opinions web page in a conspicuous place on their websites. The act appropriates $100,000 to the judicial department for information technology infrastructure. (Note: This summary applies to this bill as enacted.)
Under existing law, the state department of human services (department) reimburses local governments and nongovernmental agencies that operate domestic abuse programs for providing services to victims of domestic violence. The act renames "domestic abuse programs" as "domestic violence programs", repeals the authority to reimburse local governments, and requires the department to reimburse a nongovernmental agency or a federally recognized Indian tribe that operates a domestic violence, sexual assault, or culturally specific program (program) that provides services to victims of domestic abuse or sexual assault (program services). The act repeals the requirement that programs must request information from each client concerning the relationship of the client to the alleged perpetrator of the abuse. The act permits the department to enter into an agreement with a federally recognized state or tribal domestic violence or sexual assault coalition (coalition) for program services and other related services. A coalition that enters into a contract or agreement with the department shall provide training and technical assistance for programs and may participate in systems advocacy, develop and implement policies to improve the response to and prevention of domestic violence or sexual assault, and conduct statewide community outreach and public education related to domestic violence and sexual assault. A coalition may subcontract with a nongovernmental agency or federally recognized Indian tribe that operates a program. The act creates the state domestic violence and sexual assault services fund, transfers $6 million to the fund from the behavioral and mental health cash fund, and requires the department to publish information on its website about the use of program funds and organizations that receive funds. The act creates the Colorado crime victim services fund (victim services fund) and requires the state treasurer to transfer $32 million to the fund from the economic recovery and relief cash fund and $6 million to the fund from the general fund. The division of criminal justice in the department of public safety makes grants from the victim services fund to government agencies and nonprofit organizations that provide services for crime victims. The division is required to publish information on its website about the use of grant funds and organizations that receive grant awards. The act permits the division of criminal justice to grant money from the victims assistance and law enforcement fund for mass tragedy response. The act limits members of the crime victim services advisory board to serving 3 consecutive 3-year terms on the board. The act requires the state treasurer to transfer $3 million to the victims and witnesses assistance and law enforcement fund from the economic recovery and relief cash fund. The state court administrator is required to distribute the money based on need. The act requires the state treasurer to transfer $1 million to the community crime victims grant program cash fund from the general fund. For state fiscal year 2021-22, the general assembly appropriated $1.5 million to the department of public safety for the state victims assistance and law enforcement program and $4.75 million to the department of human services for the domestic abuse program. The act further appropriates any of that money that is not expended by July 1, 2022, to each department for use in the 2022-23 and 2023-24 state fiscal years. (Note: This summary applies to this bill as enacted.)
For the 2023 property tax year: Section 1 of the act reduces the valuation for assessment of nonresidential property, excluding agricultural and renewable energy production nonresidential property, from 29% of the actual value of the property to 27.9% of the actual value of the property; Section 2 reduces the valuation for assessment of residential property, including multi-family residential property, to 6.765% of the actual value of the property; and Sections 1 and 3 reduce the actual value used for purposes of the valuation for assessment of commercial real property by $30,000 and of residential real property by $15,000, but in either case to no less than $1,000. For the 2024 property tax year: Section 1 continues the valuation for assessment of real and personal property that is classified as agricultural property or renewable energy production property at 26.4% of the actual value of the property; Section 2 establishes the valuation for assessment for all residential real property other than multi-family residential real property as the percentage of the actual value of such property determined by a calculation made by the property tax administrator as required by section 4; and Section 2 also establishes the valuation for assessment for multi-family residential real property as 6.8% of the actual value of the property. Section 4 requires the adjustment of the ratio of valuation for assessment for all residential real property other than multi-family residential real property for the 2024 property tax year so that the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act, equals $700 million. Section 5 requires the state treasurer to reimburse counties for the reduction in property tax revenue resulting from the act during the 2023 property tax year and requires the property tax administrator, using information provided by each county treasurer, to report this amount to the general assembly. The state treasurer is required to fully reimburse any county that: Had an increase of less than 10% in assessed value of real property between the 2022 and 2023 property tax years; and Has a population of 300,000 or fewer. The state treasurer is also required to reimburse a county 90% of the amount of the reduction if the county: Had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years; and Has a population of 300,000 or fewer. Lastly, the state treasurer is also required to reimburse any county that does not qualify for full or 90% reimbursement 65% of the amount of the reduction excluding the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act for municipalities, fire districts, health services districts, water districts, sanitation districts, school districts, and library districts in those counties. If municipalities, fire districts, health services districts, water districts, sanitation districts, and library districts in those counties had an increase of less than 10 % in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse the entire amount of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. If municipalities, fire districts, health services districts, water districts sanitation districts, and library districts in those counties had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse 90% of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. County treasurers must then distribute these reimbursements to the local governmental entities, excluding school districts, within the treasurer's county as if the revenue had been regularly paid as property tax. The lesser of $240 million of reimbursement or the amount of reimbursement that can be paid from such excess state revenues must be paid as a refund of state fiscal year 2022-23 excess state revenues that are not being refunded through specified existing refund mechanisms, and the rest of the reimbursement must be paid from the general fund. For school districts, section 6 requires the state treasurer to transfer $200 million from the general fund to the state public school fund to offset school district property tax revenue reductions. Section 5 also requires the property tax administrator to prepare a report that identifies the aggregate reduction in local government property tax revenue during the 2023 property tax year resulting from the act. (Note: This summary applies to this bill as enacted.)
Pursuant to House Bill 20-1026, effective January 7, 2025, the counties of Douglas, Elbert, and Lincoln will move from the eighteenth judicial district to a newly created twenty-third judicial district. Under the state constitution, district judges serve the term to which they were elected but may serve in another judicial district if the other district encompasses the county of the judge's residence. Under this measure, by November 30, 2024, the governor would designate judges serving in the eighteenth judicial district to serve the remainder of their terms in the twenty-third judicial district. All judges so designated shall establish residency in the twenty-third judicial district by January 7, 2025. (Note: This summary applies to this concurrent resolution as adopted.)