Sections 1 through 5 of the act clarify the procedure for filling a vacancy in a municipal elected office. When a vacancy occurs, the governing body shall appoint an eligible elector or call a special election within 60 days. If the governing body lacks sufficient members to reach a quorum, the clerk of the governing body is authorized to call a special election to fill the vacancy. Sections 6 through 8 modify and clarify the requirements for municipal recall elections, by: Requiring members of the committee designated to represent the signers of a recall petition to be registered electors residing in the municipality; Clarifying the number of signatures required for a recall petition for a person holding an office filled by more than one person; Requiring signers to include their municipality and county with their address when signing a recall petition; Clarifying that disassembly of a recall petition section renders that section invalid; Clarifying that a municipal clerk's written initial determination that a recall petition or a refiled recall petition is sufficient or insufficient is final unless a protest is filed in accordance with statutory requirements; Repealing a requirement that the county clerk and recorder prepare a list of registered electors for the protest; Clarifying deadlines and processes for petitions and protests; Requiring that nomination petitions for successors be filed within 20 calendar days after the date a recall election is set; Providing that if the incumbent is not recalled, the votes for a successor are not recorded and any unofficial results of the vote on a successor shall not be disclosed; and Clarifying ballot requirements and election standards for a recall election and specifying that in cases in which more than one officer is is recalled from an office to which more than one person may be elected, candidates equal in number to the number of persons recalled from office who received the highest number of votes for the office are elected for the remainder of the term of each of the offices vacated with the candidate receiving the highest number of votes being elected for the longest remaining term. APPROVED by Governor April 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.)
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With regard to a contract between a health insurance carrier (carrier) and a licensed health-care provider (provider) for the provision of health-care services to covered persons under a health coverage plan issued by the carrier (contract), the act: Requires the carrier to offer at least one method of payment to the provider for which there is not an associated fee; and Prohibits the carrier from restricting the form or method of payment the carrier uses to make payments to the provider so that the only acceptable payment method is a credit card payment. If a carrier initiates a payment to a provider using, or changes the payment method to, electronic funds transfer payments, including virtual credit card payments, the act requires the carrier to: Notify the provider of any fees associated with the particular payment method; Advise the provider of the available payment methods and include instructions on how to select an alternative available method; and With each payment, remit an explanation of benefits. The act prohibits a carrier from charging a fee for a change in the payment method to a specified electronic transaction and allows a provider's billing service to charge a fee under certain circumstances. The act grants enforcement authority to the commissioner of insurance. APPROVED by Governor April 10, 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 an employer to provide its employees with an annual statement showing the total compensation paid and the income tax withheld for the preceding calendar year. The act requires an employer to also provide written notice of the availability of the federal and state earned income tax credits and the federal and state child tax credits at least once annually. An employer may send the written notice to employees electronically, including via e-mail or text message. The written notice must be in English and any other language the employer uses to communicate with employees and must include any additional content that the department of revenue prescribes. APPROVED by Governor March 31, 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 offense of unlawfully aiming a laser device at an aircraft (offense), which is a class 6 felony. A person commits the offense when the person knowingly points, focuses, or aims a laser device at an aircraft while the aircraft is occupied and the incident is reported to law enforcement by the pilot or crew member of the impacted aircraft. The act provides exemptions for a person who points a laser device at an aircraft under certain circumstances. APPROVED by Governor March 23, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense (eligible person). The act allows an eligible person to apply for postconviction DNA testing: To show a reasonable probability that the person would not have been convicted; or If evidence was previously available and tested and the evidence now can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results. The act permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution. The act allows a court to consider a subsequent petition with new or different grounds for relief if the petitioner establishes good cause or the interests of justice so require. If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The act requires the district attorney to notify the victim of the hearing at which the victim can appear. APPROVED by Governor March 10, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
The act amends the "Workers' Compensation Act of Colorado" by: Creating a process for a claimant to receive advance payment for mileage expenses for travel that is reasonably necessary and related to obtaining compensable treatment, supplies, or services and that requires round-trip travel greater than 100 miles; Specifying how to determine the benefit amount for medical impairment when the amount payable using the schedule of injuries would exceed the amount payable for nonscheduled injuries; Increasing the maximum benefit payable for funeral and burial expenses; Requiring reporting by employers to the division of workers' compensation (division) in the department of labor and employment of active medical treatments necessary to cure and relieve an injury lasting for a period of more than 180 calendar days after the date of the injury; and Repealing the special funds board and moving the duties of the board to the director of the division. (Note: This summary applies to this bill as enacted.)
The act allows a board of county commissioners (board) to adopt a local resolution or ordinance to establish business licensure requirements to regulate massage facilities for the sole purpose of deterring illicit massage businesses and preventing human trafficking. If a board adopts a resolution or ordinance to establish business licensure requirements, the board may only include the business licensure requirements outlined in the act. The act allows the board to charge an administrative licensure fee for a massage facility. The act allows a board to adopt a resolution or ordinance to regulate and prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses. If a municipality adopts a resolution or ordinance to license a massage facility or prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses, the act requires municipal police departments to conduct background checks on the applicant's or licensee's criminal history and provide the municipality information to determine whether the applicant or licensee is approved or denied for a license based on the criminal history record information. (Note: This summary applies to this bill as enacted.)
Section 1 of the act requires the department of higher education to contract for and facilitate use of an online platform by public or private institutions of higher education in the state to assist students accessing public benefits (online platform). Section 2 creates the economic mobility program within the department of public health and environment and requires the department to develop and implement the program to improve health and educational outcomes associated with reduced poverty and improved economic mobility for Coloradans. To fund the program, the economic mobility program fund (fund) is created and $4 million is transferred to the fund from the economic recovery and relief cash fund. For the 2022-23 state fiscal year, $1,720,060 is appropriated from the fund to the department of public health and environment for use by the prevention services division for maternal and child health and administration and $171,000 is appropriated from the general fund to the department of education for the online platform. (Note: This summary applies to this bill as enacted.)
If the state exceeds its constitutional spending limit, then it is required by the Taxpayer's Bill of Rights (TABOR) to refund the excess state revenues (TABOR refunds). There are currently 3 TABOR refund mechanisms: Reimbursement to counties for the senior homestead exemption, a temporary income tax rate reduction, and a sales tax refund. The act establishes a temporary fourth TABOR refund mechanism for excess state revenues from all sources for state fiscal year 2021-22. Under this mechanism, if the amount of excess state revenues exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the senior homestead exemption and, if applicable, through the temporary income tax rate reduction, then on or before September 30, 2022, the department of revenue is required to issue refund checks to every qualified individual in an identical amount; except that, for qualified individuals who were granted an extension to file a state income tax return and timely file the state income tax return, the refund checks must be issued on or before January 31, 2023. The refund amount is $400 for every qualified individual who files a single income tax return or who applies for a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who apply for a property tax, rent, or heat credit rebate; except that: If the anticipated aggregate amount of the refund plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction is estimated to refund less than 85% of the total amount of excess state revenues, then the executive director of the department of revenue must increase the refund amount so that the aggregate amount refunded is approximately equal to 85% of the total excess state revenues inclusive of amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction; and If the anticipated aggregate amount of the refund, plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction, is estimated to refund more than 87% of the total excess state revenues, then the executive director of the department of revenue may decrease the refund, to avoid an over-refund, to an amount less than $400 for every qualified individual who files a single income tax return or who receives a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who receive a property tax, rent, or heat credit rebate. Any increase or decrease to the refund amount must be rounded to the nearest fifty dollar increment and must maintain an equal temporary refund for every qualified individual that is doubled for each pair of qualified individuals filing a joint return or applying jointly for a property tax, rent, or heat credit rebate. "Qualified individual" is defined for purposes of the act as a natural person who is at least 18 years of age on or before December 31, 2021, is a Colorado resident for the entire 2021income tax year, and files a state income tax return for the 2021 income tax year or applies for a property tax, rent, or heat credit rebate. $2,578,995 is appropriated from the general fund to the department of revenue to implement the temporary TABOR refund mechanism and $1,715,635 of that appropriation is reappropriated to the department of personnel to provide related document management services for the department of revenue. (Note: This summary applies to this bill as enacted.)
The bill establishes the delinquency prevention and young offender intervention pilot grant program (program) in the division of criminal justice (division) within the department of public safety (department). The program awards 2-year grants to local governments, American Indian tribes, school districts and charter schools, and nonprofit organizations to fund projects to reduce crime among youth. Preference is given to applicants whose projects demonstrate a community-based response in which multiple agencies community-based partners coordinate to reduce crime among youth and those in areas with high rates of crime among youth involvement in the juvenile justice system . The division administers the program. The juvenile justice and delinquency prevention council serves as an advisory board for the program. The program is a 2-year pilot program. The bill requires the general assembly to appropriate $2.1 million for the program in each of the next 2 fiscal years. The division provides annual reports to the general assembly about the program. In its hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" for the 2024 legislative session, the department shall report on the program and make a recommendation of whether to continue the program. (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.)