Section 2 of the act creates the legislative interim committee on ozone air quality (committee) to study ozone air quality in the state. The committee consists of 6 members of the senate and 6 members of the house of representatives. The committee may meet up to 6 times during the 2023 interim. With respect to an allegation in a complaint or the belief of the division of administration in the department of public health and environment (division) regarding a violation or noncompliance related to air quality laws (violation), section 3 requires the division to: Cause a prompt and diligent investigation into the violation to be made unless the complaint clearly appears to be frivolous, falsified, or trivial or the complainant withdraws the complaint within the investigation time period; Within 30 days after receipt of the complaint, respond to a complainant to outline the steps of the complaint investigation; If the division is acting in response to a complaint, notify the complainant that an investigation has commenced at the time that the division provides notice to the owner or operator of the air pollution source; and Accept and consider all relevant evidence that it receives or acquires when investigating the alleged violation, unless the evidence is, on its face, falsified. If the division determines that a violation has occurred, current law requires the division to issue a compliance order unless the responsible party gives timely notice that the violation occurred during a period of start-up, shutdown, or malfunction. Section 3 removes the exception for periods of start-up, shutdown, or malfunction. Section 3 also prohibits the division from assessing a penalty for a violation that is less than the economic benefit that the owner or operator derived from the violation. Section 3 also requires, if a hearing is requested, the air quality control commission to provide at least 45 days' notice to any complainant that submitted a complaint alleging the applicable violation and allows the complainant to participate as a party to the hearing. Current law provides that any noncompliance that occurs during a period of start-up, shutdown, or malfunction exempts the owner or operator of a source of pollution from the duty to pay penalties related to that noncompliance. Section 3 removes this provision. Current law requires the division to consider certain factors in determining the amount of a civil penalty to assess for a violation. Section 4 requires the division to also consider the severity of the violation. Current law provides that any action related to an alleged violation of air quality laws that is not commenced within 5 years after the occurrence of the alleged violation is time barred. Section 5 excludes actions commenced to address a failure to obtain a permit from this statute of limitation. Section 6 requires the oil and gas conservation commission (COGCC), by April 28, 2024, to promulgate rules that evaluate and address the cumulative impacts of oil and gas operations. The rules must include a definition of cumulative impacts. Section 7 allows any person to submit a complaint to the COGCC. The COGCC or the director of the COGCC is required to promptly commence and complete an investigation into the violation alleged in the complaint, unless the complaint clearly appears on its face to be frivolous, falsified, or trivial or the complainant withdraws the complaint. The COGCC must also accept and consider all relevant evidence it receives or acquires when investigating the violation, unless the evidence is, on its face, falsified. For the 2023-24 state fiscal year, section 8 appropriates $79,493 from the general fund to the department of public health and environment for use by the air pollution control division in the following amounts: $71,473 for personal services related to stationary sources; and $8,020 for operating expenses related to stationary sources. For the 2023-24 state fiscal year, section 8 also appropriates $820,697 from the oil and gas conservation and environmental response fund to the department of natural resources in the following amounts: $725,531 for use by the COGCC for program costs; and $95,166 for use by the office of the executive director of the department of natural resources, which is reappropriated to the department of law to provide legal services for the department of natural resources. For the 2023-24 state fiscal year, section 8 also appropriates $61,616 from the general fund to the legislative department in the following amounts: $26,180 for use by the legislative council; $18,452 for use by the committee on legal services; and $16,984 for use by the general assembly. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)
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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.)
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.)
Beginning on January 1, 2024, the state and any local government in the state or any agency, officer, employee or agent of the state or a local government (governmental entity) is prohibited from: Entering into an agreement for the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; Selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned, managed, or operated by a private entity; Paying any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity; Receiving any payment related to the detention of individuals in an immigration detention facility that is owned, managed, or operated by a private entity; or Giving financial incentives or benefits to a private entity in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated by a private entity. Nothing in the act prohibits a governmental entity from providing heath and safety resources to individuals who are being detained for immigration purposes or a local government from contracting for health, utility, and sanitation services to immigration detention facilities. Beginning on January 1, 2024, a governmental entity is prohibited from entering into or renewing an agreement for payment to house or detain individuals for federal civil immigration purposes (immigration detention agreement). In addition, a governmental entity with an existing immigration detention agreement is required to exercise the termination provision contained in the agreement by January 1, 2024, or as soon as possible within the terms of the immigration detention agreement if termination by January 1, 2024 is not possible. 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 establishes the division of civil protections and rights in the department of law. 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.)
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.)
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.)
The act designates Lunar New Year Day as an observed, but not a legal, state holiday that may be observed on the first Friday in February in each year. 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 requires hospitals to make public and post each hospital's medicare reimbursement rates. The act: Requires the department of health care policy and financing (state department) to conduct a performance assessment for each hospital to determine the hospital's adherence to federal transparency rules and publish the results on its website; Repeals sections of statute regarding hospital price transparency and debt collection that are currently under the administration and authority of the department of public health and environment and relocates these sections so that hospital price transparency and debt collection provisions are under the administration and authority of the state department; and Makes a violation of the hospital transparency requirements outlined in the act a deceptive trade practice under the "Colorado Consumer Protection Act". APPROVED by Governor June 2, 2023 EFFECTIVE June 2, 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.)