Sen. Cleave Simpson

The act requires the general assembly to annually appropriate $3,340,119 to the department of human services (department) for services for youth who are detained or can be placed in lieu of detention. Of the money, the department shall: Allocate $200,000 to judicial districts for services for detained youth and supports for youth moving from detention to treatment or other placements; Use $1,780,137 to incentivize and remove barriers for licensed providers to serve youth who may be placed in community residential facilities or family-like settings in lieu of detention; and Use $1,359,982 of the money for temporary emergency detention beds for juveniles. Existing law limits the number of juvenile detention beds available for juveniles statewide, which are allocated to catchment areas. The act establishes 22 temporary emergency detention beds that may be used, pursuant to a court order, when there are no available beds in a judicial district's catchment area. The act establishes the process for a court to order the use of a temporary emergency detention bed. Temporary emergency detention beds do not count toward the statewide juvenile detention bed limit. If a juvenile detention bed within a judicial district's allocation becomes available, the act requires a juvenile utilizing a temporary bed to revert to the nonemergency detention bed. A court is required to appoint, at a juvenile's detention hearing, a guardian ad litem for each detained juvenile. The appointment terminates upon the release of the juvenile from detention unless the court finds a basis for continuing appointment pursuant to other state law. The act requires the working group for criteria for placement of juvenile offenders, known as the CYDC working group, to review data collected by the division of youth services annually rather than every 2 years. The department is required to collect statewide data about: Youth eligible for release from a detention facility without an additional court order if services or placements are available for the youth; The use of temporary emergency detention beds; and Youth released from detention solely because the number of youth detained statewide exceeds the statewide detention bed cap. The act requires the department to annually report the statewide data to the CYDC working group, the house of representatives and senate judiciary committees, the house of representatives public and behavioral health and human services committee, and the senate health and human services committee, or any successor committees. The act requires the CYDC working group to conduct a study to determine the best method to collect and report data and information concerning youth released from detention because a detention bed was unavailable. For fiscal year 2023-24, the act appropriates $3,340,119 from the general fund to the department. The department may use the appropriation as follows: $1,174,816 for use by the division of youth services (DYS) for program administration related to institutional programs; $11,792 for use by DYS for medical services related to institutional programs; $300,816 for use by DYS for certain programs related to community programs; $1,780,137 for use by the division of child welfare for community provider incentives; and $72,558 for use by the division of child welfare for Colorado's statewide automated child welfare information system (TRAILS). The act also appropriates $463,000 from the general fund to the judicial department for use by the office of the child's representative for court-appointed counsel. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)

Under current law, if the court finds a violation of the open meetings law, a prevailing citizen is entitled to costs and reasonable attorney fees. The act specifies that for certain challenges by a pro se plaintiff that are brought in connection with provisions in the open meetings law governing executive sessions in the open meetings law the pro se plaintiff is not entitled to an award of costs or attorney fees. VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)

A state agency or institution of higher education that receives an appropriation for a capital construction project is required to allocate not less than one percent of the state funded portion of the project for the acquisition of works of art. In the 2022-23 fiscal year, the general assembly appropriated money from the revenue loss restoration cash fund to state agencies and institutions of higher education for capital construction projects. The act clarifies that the state funded portion of a capital construction project includes money appropriated from the revenue loss restoration cash fund. In addition, for appropriations for capital construction projects made for the 2022-23 fiscal year only, the act makes the allocation for the acquisition of works of art discretionary rather than mandatory and allows a state agency or institution of higher education that opts not to make such an allocation to use the money that would otherwise be used for works of art for any other costs associated with the capital construction project. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

The act modifies the requirement that the office of legislative legal services have suitable office space in the capitol building by allowing the office space for the office of legislative legal services to be in the state capitol complex and within one-quarter mile of the state capitol building. The act requires the general assembly to provide funding for annual depreciation-lease equivalent payments for appropriations from the revenue loss restoration cash fund in the capital construction section of the annual general appropriation act. In addition, for the 2023-24 fiscal year through the 2028-29 fiscal year, the state controller is required to transfer the money for all annual depreciation-lease equivalent payments for the applicable fiscal year on July 1 rather than on June 30. On July 1, 2023, and each July 1 thereafter through July 1, 2028, the state treasurer is required to transfer to the capitol complex renovation fund the amount transferred to the capitol complex master plan implementation fund that was not required for the financing of the development of the national western center in the applicable fiscal year. The act repeals the specific designation of 2 floors in the capitol building annex at 1375 Sherman street as legislative space and requires the executive committee of the legislative council, the director of the division of capital assets, the secretary of the senate, the chief clerk of the house of representatives, the director of the office of legislative legal services, the director of research of the legislative council, and the state auditor to determine, prior to the beginning of the 2025 legislative session and with the approval of the executive committee of the legislative council and the governor, which areas in the capitol building annex are legislative space. The general assembly is required to vacate the legislative space at the state office building at 1525 Sherman street within one year after the completion of the renovation of the capitol building annex at 1375 Sherman street and thereafter, such space in the office building at 1525 Sherman street will be executive space. For the 2023-24 state fiscal year, the act appropriates $20,479,729 to the department of personnel from the capitol complex renovation fund for capital construction related to specific capitol complex renovation projects. APPROVED by Governor June 6, 2023 EFFECTIVE June 6, 2023 (Note: This summary applies to this bill as enacted.)

The act states that the following projects within a natural stream system for certain restoration purposes (stream restoration project) do not cause material injury to a vested water right and are not an unnecessary dam or other obstruction: A stream restoration project that is limited to certain minor restoration activities; and A stream restoration project that has obtained any applicable permits or is under construction or completed by August 1, 2023. The act prohibits the owner or proponent of a stream restoration project from installing the stream restoration project in a manner that adversely affects water diversion or measurement structures without the permission of the owners of the structures. 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 appropriates the following amounts for the 2023-24 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system, $380,000; Continuation of the floodplain map modernization program, $500,000; Continuation of the weather modification permitting program, $500,000; Continuation of the watershed restoration program, $500,000; Continuation of the Colorado Mesonet project, $150,000; Continuation of the weather forecasting partnership project, $1,000,000; Support for the division of water resources mobile field data collection application project, $800,000; Continuation of the reservoir enlargement assessment project, $1,000,000; Support for the central Colorado water conservancy district augmentation efficiency project, $3,000,000; and Support for the state water plan advancement project, $2,000,000. The act directs the state treasurer to transfer the following amounts on July 1, 2023, from the severance tax perpetual base fund to the CWCB construction fund, and appropriates those amounts from the CWCB construction fund to the CWCB for the following projects: Continuation of the Platte river recovery implementation program, $19,000,000; Support for the upper Colorado river endangered fish recovery program and the San Juan river basin recovery implementation program, $15,000,000; and Additional and continued support for the Frying Pan - Arkansas project, $20,000,000. The act directs the state treasurer to transfer the following amounts from the CWCB construction fund on July 1, 2023: $2,000,000 to restore the fish and wildlife resources fund; Up to $2,000,000 to the CWCB litigation fund to assist in addressing legal issues associated with compact compliance and other litigation activities; and $2,000,000 to the water plan implementation cash fund for continuation of the water plan implementation grant program. The act appropriates $25,200,000 of sports betting revenues from the water plan implementation cash fund to the CWCB to fund grants that will help implement the state water plan. The act appropriates $8,000,000 from the wildlife cash fund to the division of parks and wildlife to purchase up to 924 acre-feet of orphan shares from the CWCB as part of the Chatfield reservoir reallocation project. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

Current law prohibits racing of greyhounds in Colorado; however, it is legal to wager on greyhound races that are conducted at out-of-state race tracks and simulcast for viewing in off-track betting venues in Colorado. The act makes it unlawful in Colorado to wager on any race of greyhounds that is conducted at, and simulcast from, a track that is outside of Colorado. The act also creates the greyhound welfare and adoption fund and requires that, of the money that is paid to the department of revenue by licensees for the privilege of conducting races and operating in-state simulcast facilities, the department must transfer to the fund: $25,000 on January 1, 2025; and $50,000 on January 1, 2026. The fund is repealed, effective August 1, 2026. APPROVED by Governor June 2, 2023 EFFECTIVE October 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

The act requires that the department of human services (department) add to its report information on the number of youth who at the time they received services from the county department of human or social services (county department) or were placed in out-of-home placement by a county department had an open delinquency case in a district court, were on juvenile probation, or had a juvenile deferred sentence. The act repeals the requirement to created performance measures for local collaborative management programs. The act requires a local collaborative management program to create one or more individualized service and support teams which may refer a child to services and establish a service and support plan for a child in need of services. The act requires the department to create an information form to be used by certain agencies and individuals to refer a child to a local collaborative management program for services. The act delineates who has access to the records created by an individualized service and support team. The act requires the department to include strategies for children who would benefit from integrated multi-agency services in its training for counties participating in a local collaborative management program. The act requires each interagency oversight group to add to its report to the executive director of each department and agency that is a party to a memorandum of understanding certain demographic, status, and referral information on children and families served and referred to services through a local collaborative management program. On July 1, 2023 and annually thereafter, the act requires the general assembly to appropriate money to the collaborative management cash fund (fund) to serve children who would benefit from integrated multi-agency services. Beginning July 1, 2024, the act requires the executive director of the department to provide an annual sum to each local collaborative management program to provide services to children who would benefit from integrated multi-agency services based on a funding formula that takes into account the amount of available funds, the need for a base of resources to direct a child and family members to appropriate services, and the number of children in the population to be served. On or before July 1, 2024, a local collaborative management program nd each July 1 thereafter, the act requires the district attorney of each judicial district to submit a report to the house of representatives judiciary committee and the senate judiciary committee that includes information on children who are offered an opportunity to participate in a diversion program. The act appropriates $2,257,411 from the general fund to the department for use by the division of child welfare. From this appropriation, $257,411 must be used for collaborative management program administration and evaluation and $2,000,000 must be used to assist interested counties that do not already operate a local collaborative management program with establishing a local collaborative management program or joining an existing local collaborative management program. The act further appropriates $1,165,039 from the general fund to the fund for use by the division of child welfare for distribution to existing local collaborative management programs. APPROVED by Governor June 1, 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 creates the closed landfill remediation grant program (grant program) to help eligible local governments pay the costs of environmental remediation efforts and landfill management. On and after July 1, 2024, the department of public health and environment (department) is required to administer the grant program in accordance with rules promulgated by the solid and hazardous waste commission (commission) in the department. The department, in consultation with a 5-person advisory committee created in the act, may award grants from money in the closed landfill remediation grant program fund (fund), which fund is also created in the act. On or before February 1, 2026, and on or before each February 1 every 3 years thereafter, the commission must evaluate the current and future financial needs of the grant program and make written recommendations to the general assembly regarding funding. Additionally, the department must prepare and post on its public website an annual report that summarizes the use of all grant money awarded under the grant program in the preceding fiscal year. The grant program is repealed, effective September 1, 2033, subject to a sunset review by the department of regulatory agencies. For the 2023-24 state fiscal year, the act appropriates $15,000,000 from the general fund to the fund for use by the department. Of this amount, $170,702 is reappropriated to the department for the solid waste control program. Of this reappropriated amount, $87,976 is appropriated to the department of law to pay for legal services provided to the department. APPROVED by Governor May 19, 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.)