Current law prohibits a written rental agreement from including: An unreasonable liquidated damages clause that assigns a cost to a party stemming from an eviction notice or an eviction action for a violation of the rental agreement; or A one-way, fee-shifting clause that awards attorney fees and court costs only to one party. Any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party in a court dispute. The act amends these prohibitions so that: A written rental agreement must not include any clause that assigns a penalty to a party stemming from an eviction notice or an eviction action that results from a violation of the rental agreement; and Any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party only following a determination that the party prevailed and the fee is reasonable. With certain exceptions, the act also prohibits a written rental agreement from including: A waiver of the right to a jury trial; the ability to pursue, bring, join, litigate, or support certain class or collective claims or actions; the implied covenant of good faith and fair dealing; or the implied covenant of quiet enjoyment; A provision that purports to affix any fee, damages, or penalty for a tenant's failure to provide notice of nonrenewal of a rental agreement prior to the end of the rental agreement; A provision that characterizes any amount or fee set forth in the rental agreement, with the sole exception of the set monthly payment for occupancy of the premises, as "rent" for which all remedies to collect rent, including eviction, are available; A provision that requires a tenant to pay a fee markup or for a service for which the landlord is billed by a third party; or A provision that purports to allow a provider operating under any local, state, or federal voucher or subsidy program to commence or pursue an action for possession based solely on the nonpayment of utilities. The act specifies that some of the new prohibitions do not apply to a rental agreement concerning the occupancy of a mobile home in a mobile home park or to a duplex or triplex or to an accessory dwelling unit of a residential premises if: The owner of the duplex, triplex, or residential premises uses the residential premises or at least one of the units of the duplex or triplex, as applicable, as the owner's primary residence; or The owner's primary residence is on the same lot as the duplex, triplex, or residential premises. 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. (Note: This summary applies to this bill as enacted.)
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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.)
The act extends the Colorado food systems advisory council (council) established within Colorado state university until September 1, 2026. The act adds a representative of a food bank as a member of the council. The act changes how 16 members of the council are appointed, requiring that the governor or the governor's designee appoint 5 members and that the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate appoint 12 members on a rotating basis as new positions or vacancies arise. The act creates new duties for the council, including: Examining best practices to advance or improve food distribution systems and develop new markets for Colorado agricultural producers; and Conducting research and providing support at the request of the governor, members of the general assembly, or any state agency in connection with the council's purpose and duties. The act requires the council to include a summary of the council's activities from the prior year and a summary of the council's planned activities for the upcoming year in council's annual report to specified legislative committees. The council must also accept and consider public comment regarding the annual report. The act repeals the council's authority to engage in any other activity not specified in statute that the council determines is necessary to accomplish the council's purposes. For the 2023-24 state fiscal year, the act appropriates $151,068 from the general fund to the department of higher education for limited fee-for-service contracts with state institutions, which amount is reappropriated for use by the board of governors of the Colorado state university system for the food systems advisory council. 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.)
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.)
Under the law, a qualified business is allowed a tax credit in the amount of 50% of the costs to convert the qualified business to a form of employee ownership. The tax credit has been capped at $25,000 for converting a qualified business to a worker-owned cooperative or employee ownership trust and $100,000 for converting a qualified business to an employee stock ownership plan. The act: Increases the caps for converting a qualified business to a worker-owned cooperative or employee ownership trust from $25,000 to $40,000, and for converting a qualified business to an employee stock ownership plan from $100,000 to $150,000; Expands the tax credit to include 50% of the costs of a qualified employee-owned business expanding its employee ownership by at least 20%, not to exceed $25,000; Expands the tax credit to include 50% of the costs of a qualified business converting to or expanding an alternate equity structure, not to exceed $25,000. An alternate equity structure is a mechanism under which an employer grants to employees a form of employee ownership, including an employee stock ownership plan, LLC membership, phantom stock, profit interest, restricted stock, stock appreciation right, stock option, or synthetic equity. Establishes certain minimum requirements for an alternate equity structure and requires the Colorado office of economic development in the office of the governor to develop guidelines for the types of employee ownership grants that qualify as an alternate equity structure; and Specifies that a qualified business or qualified employee-owned business may apply for and claim only one credit for the conversion or expansion costs per tax year. 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 establishes the veterans mental health services program (program) in the division of veterans affairs (division) to facilitate access to mental health services for veterans who live in a veterans community living center. The act requires a veteran to attest that the veteran has exhausted the annual number of sessions with a mental health-care provider covered by the veteran's federal veterans administration benefits before using the program. The program reimburses mental health-care providers for 26 mental health-care sessions per year with an eligible veteran. The act requires the behavioral health administration to post on its website a list of providers who participate in the program. The bill appropriates $642,645 from the general fund to the department of military and veterans affairs for use by the division for the program. APPROVED by Governor May 16, 2023 EFFECTIVE May 16, 2023 (Note: This summary applies to this bill as enacted.)
The act changes the amount of civil penalties that may be levied on commercial motor carriers for failure to comply with rules for the safe operation of commercial vehicles by tying the amount of civil penalties to the amount of federal civil penalties for interstate commercial motor carriers. If a motor carrier fails to pay civil penalties within 30 days or to cooperate with the completion of a safety compliance review within 30 days, the act authorizes the department of revenue to both enter the noncompliant motor carrier and its vehicles as out-of-service in the federal motor carrier safety administration system of record and cancel or deny registration to the noncompliant motor carrier. For the 2023-24 state fiscal year, the act appropriates $61,110 to the department of revenue from the DRIVES vehicle services account in the highway users tax fund to implement this act, of which $8,910 is reappropriated to the office of the governor for use by the office of information technology to provide services to the department of revenue. APPROVED by Governor May 12, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE April 30, 2024 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that, section 42-4-235 (2)(d)(I)(B) and section 42-3-120 (3)(a)(II) take effect April 30, 2024. (Note: This summary applies to this bill as enacted.)
Under current law, it is illegal for someone to possess a firearm if the person was convicted of or adjudicated for certain felonies. The bill adds aggravated motor vehicle theft to the convictions that prohibit a person from possessing a firearm. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when: A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or The tenant continues to fail to pay rent after the landlord provides the tenant timely written notice of such nonpayment; The tenant commits a substantial violation and does not cure it within 10 days after the landlord provides the tenant written notice of the substantial violation; Conditions exist constituting grounds for a no-fault eviction. The tenant refuses to allow the landlord to enter the residential premises after the landlord has provided written notice of such entry at least 48 hours before attempting such entry, unless the rental agreement specifies a longer period of advanced written notice; or The tenant refuses to sign a new rental agreement with terms that are substantially identical to the tenant's current rental agreement, so long as the landlord proffers the new rental agreement at least 30 days before the expiration of the current rental agreement. The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations: Demolition or conversion of the residential premises; Substantial repairs or renovations to the residential premises; or Occupancy of the residential premises assumed by the landlord or a family member of the landlord; Expiration of time-limited housing operated by a mission-driven organization; and Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises. With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction: An individual who is less than 18 years of age or at least 60 years of age; A low-income individual; or An individual with a disability. If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant. A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are: When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member. Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following: Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit. The bill eliminates these provisions. Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law requires an operator of a motorboat in the state to be at least 16 years of age but allows an individual who is at least 14 years of age and who has completed a motorboat safety course to operate a motorboat in the state. The act increases this age requirement to require all individuals under 18 years of age to take a boating safety course and to have a certificate of completion from that course in the individual's possession or in an accessible place in order to operate a motorboat. The act provides an exception to the age requirement for the operation of motorboats on bodies of water located on private property. APPROVED by Governor May 4, 2023 EFFECTIVE June 1, 2024 (Note: This summary applies to this bill as enacted.)