The act creates the HOA homeowners' rights task force (HOA task force) and the metropolitan district homeowners' rights task force (metro district task force) in the division of real estate (division) in the department of regulatory agencies (department). The director of the division or the director's designee serves as the chair of both task forces. Members of the HOA task force must be designated or appointed on or before August 1, 2023. The HOA task force is required to: Study issues confronting HOA homeowners' rights, including homeowners' associations' fining authority and practices, foreclosure practices, communications with homeowners, and the availability and method of making certain documents available to HOA homeowners in the association; Review HOA homeowners' complaints and relevant state and federal laws related to common interest communities; Review a representative sample of governing documents, governance policies, financial information, and collections and legal activities; and Develop initial findings and conclusions, including legislative recommendations, and, on or before April 15, 2024, prepare a final report. The department must publish the initial findings and conclusions and final report on its website. The HOA task force must submit copies of the final report to the metro district task force, certain legislative committees, and the governor. Members of the metro district task force must be designated or appointed on or before November 1, 2023. The metro district task force is required to: Study issues confronting metropolitan district homeowners' rights, including metropolitan district boards' tax levying authority and practices, foreclosure practices, communications with homeowners, governance policies, and the process by which a metropolitan district could transition into a common interest community; and On or before March 1, 2024, prepare an interim report and, on or before June 15, 2024, a final report regarding its findings and conclusions, publish the reports on the department's website, and submit copies of the reports to certain legislative committees and the governor. For state fiscal year 2023-24, the act appropriates $208,408 from the general fund to the department for use by the division to implement the act and $1,887 from the general fund to the legislative department for use by the general assembly for legislator per diem and travel reimbursement expenses. APPROVED by Governor May 24, 2023 EFFECTIVE May 24, 2023 (Note: This summary applies to this bill as enacted.)
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Current law allows a grandparent or great-grandparent to seek a court order granting the grandparent or great-grandparent the right to visit grandchildren or great-grandchildren when there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to that child. The act allows a court to appoint a child's legal representative to represent the child's best interests in a matter seeking to grant grandparents or great-grandparents family time (family time) with grandchildren or great-grandchildren. The act clarifies that in determining the best interests of a child for the purpose of family time, the court shall presume that any parental determination regarding family time is in the best interests of the child. A grandparent or great-grandparent may overcome the presumption by proving through clear and convincing evidence that the family time is in the child's best interests. The act changes the term "visitation rights" to "grandparent or great-grandparent family time". APPROVED by Governor May 23, 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 law has required that a child's name and identifying information be deleted from criminal justice records released to the public if the child was a victim of certain enumerated sexual offenses. The act removes the limitation that a child be a victim of an enumerated sexual offense for the child's name and identifying information to be deleted from a criminal justice record released to the public. The act also requires that the name and identifying information of a child who witnesses a criminal offense be deleted from criminal justice records released to the public. The act specifies that these deletion requirements do not apply to criminal justice records that solely involve traffic offenses. The act establishes a good cause exception that allows a person to petition a district court for the disclosure of the name and identifying information of a child witness or child victim. The person seeking disclosure must establish good cause for disclosure at a hearing conducted after the child victim, child witness, or their respective legal guardian receives notice. Good cause means a finding that the person seeking disclosure has established that the public interest in accessing the child victim's or child witness's name and identifying information substantially outweighs the harm to the privacy interest of the child victim, child witness, or their respective legal guardian. The law previously required a criminal justice agency to make the notation "CHILD VICTIM" on a criminal justice record involving a child victim when the child victim's name is disclosed during proceedings related to the criminal justice record or when the child victim or child victim's guardian requests the notation. The act requires that a criminal justice agency make the notation "CHILD WITNESS" on a criminal justice record involving a child witness under the same circumstances. The act specifies that a victim's right-to-be-heard and notice requirements of the Victim Rights Act apply to a hearing for the disclosure of a child victim's or child witness's name and identifying information. For the 2023-24 state fiscal year, $387,449 is appropriated from the general fund to the judicial department for trial court programs and capital outlay needed to implement the act. APPROVED by Governor May 23, 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.)
In determining bond or an alternative sentence for a pregnant or postpartum defendant (defendant), the act creates a rebuttable presumption against detention and incarceration of a defendant if the defendant provides the court and district attorney with notice of the defendant's status as a pregnant or postpartum defendant at each applicable stage of the court proceedings. If the court decides to detain or incarcerate the defendant, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to incarceration. Notwithstanding the provisions of the act, a court shall not: Set bond or release the pregnant or postpartum defendant on bond if the pregnant or postpartum defendant is ineligible for bond; Accept an agreement or impose an alternative sentence if the pregnant or postpartum defendant is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or Apply the rebuttable presumption if a pregnant or postpartum defendant was convicted of a crime of violence. If a defendant is arrested or in custody at a county jail or correctional facility, the defendant may request a pregnancy test following admission to the county jail or correctional facility. Staff at the county jail or correctional facility shall provide a pregnancy test to the defendant within 24 hours after the request. Requesting the test, taking the test, and results of the test are confidential medical information and must not be disclosed, except when the defendant receives medical care. The act allows a court to consider the following forms of alternative sentencing for a defendant: A diversion; A deferred judgment and sentence; or A stay of execution (stay). If the defendant is convicted of a new crime or violates substantive conditions imposed by a court while a stay is imposed, the court may add conditions, issue warrants, end the stay, or continue the stay. The act applies to pregnant or postpartum juveniles (juvenile). In determining commitment, bond, or an alternative sentence for a juvenile, the act creates a rebuttable presumption against detention and commitment if the juvenile provides the court and district attorney with notice of the juvenile's status as a pregnant or postpartum juvenile at each applicable stage of the court proceedings. If the court decides to detain or commit the juvenile, the act requires the court to make specific findings on the record that the risk to public safety, or any other factor the court is required to consider, is substantial enough to outweigh the risks related to detention or commitment. The act allows the following forms of alternative sentencing for a juvenile: A diversion; A deferred judgment and sentence; or A stay. Notwithstanding the provisions of the act, a court shall not: Set bond or release the pregnant or postpartum juvenile on bond if the pregnant or postpartum juvenile is ineligible for bond; Accept an agreement or impose an alternative sentence if the pregnant or postpartum juvenile is ineligible for a diversion program, deferred judgment, probationary sentence, or another form of alternative sentence; or Apply the rebuttable presumption if a pregnant or postpartum juvenile was convicted of a crime of violence. Current law requires a court to admit in a criminal proceeding information that is reported by mandatory reporters related to a defendant's substance use discovered in the course of medical care related to pregnancy. The act eliminates the requirement. APPROVED by Governor May 23, 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 extends the community crime victims grant program (grant program) 5 years from the current repeal date of September 1, 2023, to September 1, 2028, and requires a sunset review of the grant program before the grant program's future repeal. The act allows the department of public health and environment to use money appropriated to the community crime victims grant program cash fund for the 2022-23 state fiscal year in the 2023-24 state fiscal year. APPROVED by Governor May 17, 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 health equity commission created in the office of health equity in the department of public health and environment is scheduled to repeal on September 1, 2023. Pursuant to the recommendation in the department of regulatory agencies' sunset review and report, the act extends the repeal date of the health equity commission to September 1, 2029. APPROVED by Governor May 16, 2023 EFFECTIVE August 7, 2023 (Note: This summary applies to this bill as enacted.)
The act requires the transportation legislation review committee (committee) to analyze the issue of an owner of a motor vehicle that was nonconsensually towed because the vehicle was stolen or because the owner was the victim of a certain serious crime. The committee may take testimony and is required to make legislative recommendations to the general assembly on the issue. APPROVED by Governor May 15, 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 bill requires the general assembly to annually appropriate $1.5 million from the general fund to the department of human services for continued employment support and job retention services and to continue to support work-based learning opportunities for Colorado employment first participants.(Note: This summary applies to this bill as introduced.)
Legislative Oversight Committee Concerning the Treatment of Persons with Behavioral Health Disorders in the Criminal and Juvenile Justice Systems. To provide ongoing funding for the Colorado 911 resource center, the state treasurer is required to issue a warrant, paid from the general fund, in the amount of $250,000 to the Colorado 911 resource center on July 1, 2023, and on each July 1 thereafter.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Except in certain circumstances, the act requires a landlord to accept from a prospective tenant a portable tenant screening report (screening report). A landlord may require that the screening report was prepared by a consumer reporting agency (reporting agency) within the previous 30 days, at the prospective tenant's request and expense, and made directly available to the landlord by the agency. The act specifies information that must be included in a screening report, including verification of employment and income, rental and credit history, and criminal history. If a prospective tenant provides a screening report, the landlord shall not charge the prospective tenant either an application fee or a fee for the landlord to access or use the screening report. Prior to collecting any tenant information that would generate an application fee, a landlord shall advise a prospective tenant that the landlord accepts screening reports and is prohibited from charging an application fee or other fee to a prospective tenant who provides a screening report. A landlord is not required to accept a screening report or to provide the advisements required in the act if the landlord does not accept more than one application fee at a time for a dwelling unit or, if a dwelling unit is rented to more than one occupant, does not accept more than one application fee at a time for each prospective tenant or tenant group for the dwelling unit, and if the landlord refunds the total amount of the application fee to each prospective tenant within 20 calendar days after written communication from the prospective tenant or the landlord declining to enter into a lease. If a prospective tenant submits a rental application that results in a landlord obtaining a consumer report relating to the prospective tenant, the landlord shall also provide a copy of the consumer report to the prospective tenant and advise the prospective tenant of the tenant's right to dispute the accuracy of the consumer report with the reporting agency. A landlord that violates the provisions of the act is liable for $2,500, plus court costs and attorney fees, but if the landlord cures the violation within 7 calendar days after receiving notice of the violation, the landlord is to pay the prospective tenant a penalty of $50 and is otherwise not liable for damages. The act authorizes the attorney general to independently initiate and bring an action to enforce the "Rental Application Fairness Act". APPROVED by Governor May 4, 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.)