To improve the clarity and certainty of the statutes, the act amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the act. The amendments made by the act are not intended to change the meaning or intent of the statutes. (Note: This summary applies to this bill as enacted.)
The act requires the state auditor to conduct or cause to be conducted performance audits (audits) of the air pollution control division in the department of public health and environment and the division of unemployment insurance in the department of labor and employment (divisions). The audits will determine whether each of the divisions effectively and efficiently performs and fulfills its statutory obligations. In addition, as part of the audits, the state auditor is required to: Determine whether a division complies with statute and its statutory purpose; Assess the impact of a division's processes on providing access to program benefits and, for the labor and employment division audit only, identify any division processes that may be unnecessary, unreasonable, or cause delays; Determine whether a division's staffing and funding levels are sufficient for it to efficiently and effectively perform its statutory duties and responsibilities, which, in for the air pollution control division audit only, must include assessment of how funding or staffing changes made at the state level might impact local governments; and Determine whether a division requested and was appropriated additional resources and whether the approval or denial of such a request impacted program implementation and timing of implementation. The initial audit of the air pollution control division must begin and be completed in calendar year 2026, with an additional audit occurring in calendar year 2031. The initial audit of the division of unemployment insurance must begin and be completed in calendar year 2027, with an additional audit occurring in calendar year 2032. Upon completion of an audit, the state auditor is required to submit a written audit report to the legislative audit committee. (Note: This summary applies to this bill as enacted.)
The act establishes visitation as a right for a person confined in a correctional facility (confined person). The department of corrections (department) may: Limit visitation for a confined person who is in restrictive housing or as a sanction following a conviction for a class 1 code of penal discipline violation; Reduce, but not eliminate, the number of visits available per week to a confined person as a result of an increase in the person's custody classification level; Temporarily deprive visitation as necessary for facility operations or for the safety of the facility, persons in the facility, and the general public; and Deny or cancel visitation for a confined person at any time as necessary to comply with requirements imposed by a court order, for victim safety, to prevent communication with a co-defendant, to preserve the integrity of a criminal investigation, to comply with treatment protocols, or for any other reason required by law. Video visits may supplement, but must not take the place of, in-person visits when in-person visits are permitted. If a confined person provides the department with reasonable notice that a requested visitation is for virtual attendance at a funeral or during or immediately following the birth of a child in the person's family, the act requires the department to make all reasonable efforts to allow the person to participate in the visitation via virtual attendance, or, if virtual attendance is not possible, via telephone. The department may adopt policies to govern visitations, including policies necessary to allow visitation as part of routine facility operations. The act states that it does not create a private right of action. The act permits a confined person to file a grievance with the department if the confined person alleges deprivation of visitation. The department is required to include information about visitation and grievances in its annual SMART Act hearing. (Note: This summary applies to this bill as enacted.)
Section 20 of article X of the state constitution (TABOR) defines "fiscal year spending" as not including either "damage awards" or "property sales". Although TABOR does not define either "damage award" or "property sale", the TABOR implementing statutes do. The act clarifies both of these definitions for state fiscal years commencing on or after July 1, 2024. The act clarifies that "damage award", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain fines and monetary penalties imposed by the state. The act also clarifies that "property sale", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain specified types of sales by the state. (Note: This summary applies to this bill as enacted.)
The act enacts the "Uniform Antitrust Pre-Merger Notification Act", drafted by the Uniform Law Commission. The act: Requires a person filing a pre-merger notification with the federal government under the federal "Hart-Scott-Rodino Act" that has its principal place of business in the state or directly or indirectly has annual net sales in the state of at least 20% of the filing threshold to contemporaneously file with the state attorney general complete electronic copies of the Hart-Scott-Rodino form and any additional documentary material that the person filed with the pre-merger notification; Requires the attorney general to keep the filed form and documentary material confidential, subject to specified exceptions; and Authorizes the attorney general to impose a civil penalty of not more than $10,000 per day of noncompliance on any person that fails to comply with the filing requirement. For the 2025-26 state fiscal year, the act appropriates $68,052 from the general fund to the department of law to implement the act. (Note: This summary applies to this bill as enacted.)
The act modifies certain processes for statewide ballot measures as follows: Requires proponents of citizen-initiated ballot measures (initiatives) to submit a chart describing or otherwise visually demonstrating the differences between their initiatives when they submit 5 or more versions of an initiative to the title board within the same initiative cycle, with at least one of the same designated representatives of proponents, and on the same subject matter; Requires the director of research of the legislative council of the general assembly (director), when preparing an estimate of the fiscal impact of an initiative that proposes a tax increase, to include an estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase; Directs the title board, when setting a title for an initiative, to indicate in the title whether the proposed law modifies, extends, or repeals existing law or creates new law and, for initiatives that propose a tax increase, to use the estimate prepared by the director of the maximum dollar amount of the change in state and local government revenue and fiscal year spending for the first or, if phased in, final full fiscal year of the proposed tax increase; Requires a person filing a motion for rehearing of a title board decision to file the motion with the title board by 5 p.m. on the seventh day following the title board's decision that is the subject of the motion; With regard to the petition circulation process for statewide ballot measures, requires a designated representative for the proponents to notify the secretary of state when an initiative or referendum petition that is being circulated has received 75% of the required number of signatures and authorizes the secretary of state to impose a fine on any designated representative who does not comply with the reporting requirement; Requires the director to prepare for the ballot information booklet for a proposed tax increase estimates of both the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first full fiscal year of the proposed tax increase and state and local government fiscal year spending, as defined in the state constitution, without the proposed tax increase; and Requires the fiscal note for any legislative measure that proposes a tax increase to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase and requires the ballot question for such a legislative measure to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase.(Note: This summary applies to this bill as enacted.)
The act repeals obsolete references to the teacher residency expansion program (program), which was repealed in 2023. Current law continues to reference the definition for "paraprofessional" as it appeared in the program. The act recreates the definition of "paraprofessional" for the current statutory uses of the term. (Note: This summary applies to this bill as enacted.)
The act modifies the schedule and amounts of annual transfers from the general fund to the state highway fund as follows: The $100 million transfer to the state highway fund scheduled for July 1, 2025, is reduced to $32.2 million; The $100 million transfer to the state highway fund scheduled for July 1, 2026, is reduced to $50.5 million; The $82.5 million transfers to the state highway fund scheduled for each July 1 from July 1, 2029, through July 1, 2031, are increased to $100 million; A new $64.8 million transfer to the state highway fund is scheduled for July 1, 2032; and The $7 million transfers to the state highway fund for the purpose of providing additional funding for the revitalizing main streets program scheduled for each July 1 from July 1, 2025, through July 1, 2031, are eliminated.(Note: This summary applies to this bill as enacted.)
The act prohibits residential rental agreements, in relation to a tenant's death, from requiring acceleration of rent beyond the end of the month or more than 10 business days after the dwelling unit is vacated after notice to the landlord of the tenant's death, whichever is later. Further, the act prohibits the enforcement of terms in rental agreements that authorize liquidated damages or other penalties if the rental agreement is terminated before the end of its term due to the death of a tenant. The act authorizes a landlord to take possession of the dwelling unit without filing an eviction action or otherwise obtaining a court order if the personal representative of the tenant's estate notifies the landlord of the surrender of the premises or,30 days after the death of the tenant, rent remains unpaid or substantially all of the tenant's property has been removed. In addition, a landlord may retain a security or damages deposit sufficient to cover costs of damages caused by the death of the tenant. (Note: This summary applies to this bill as enacted.)
The act incorporates the federal "Uniform Code of Military Justice" (federal code) into the "Colorado Code of Military Justice" (state code), including specifically the punitive articles and general article of the federal code, which describe punishable offenses, and the statute of limitations that applies to charges brought pursuant to the state code. The act repeals sections of the state code that are duplicative of the incorporated federal code. Additionally, the act: Applies the state code to a member of the state military forces (member) at all times, except when the member is ordered to active federal service pursuant to title 10 of the United States Code; Clarifies a commanding officer's authority to impose nonjudicial punishment under the state code; Makes changes to the procedures that govern courts-martial, the punitive authority of courts-martial, and the review of the decisions of courts-martial; and If concurrent civilian and military jurisdiction exists over the same offense and a district attorney has filed felony charges against a member for the offense, requires the state military forces to defer felony prosecution of the member to the district attorney.(Note: This summary applies to this bill as enacted.)
The act imposes requirements related to money appropriated to the department of higher education to be used by the Auraria higher education center (AHEC) in the 2025-26 state fiscal year. Money appropriated for operational costs must be used as agreed upon by the constituent institutions in baseline service level agreements. Any service or performance level agreement that the AHEC enters into using money appropriated for the 2025-26 state fiscal year must: Be executed by all contracting parties no later than September 1, 2025; Clearly describe the services, service and staffing levels, and performance expectations that are contracted for; and Provide that, if costs for services exceed the prices provided for in the contract, those excessive costs will not be assumed or incurred until an additional contract is executed or the original contract is amended. In the 2025-26 state fiscal year, the AHEC shall manage all resources related to baseline service level agreements and goals and shall present quarterly updates to the constituent institutions regarding baseline service level agreements and goals. For other services for the 2025-26 state fiscal year that are not already contracted for in the baseline service level agreements, the AHEC shall establish fee structures, and the constituent institutions may enter into agreements with the AHEC for the provision of those services. The act requires the constituent organizations and the AHEC to contract with an independent third-party entity that shall conduct the Auraria comprehensive study (study). The constituent institutions and the AHEC shall agree upon which independent third-party entity will conduct the study before executing a contract to select the independent third-party entity. If the constituent institutions and the AHEC do not agree upon an independent third-party entity by August 1, 2025, the Colorado commission on higher education shall, no later than December 31, 2025, select the independent third-party entity from options proposed by the constituent institutions. The study must examine the operations of the Auraria campus and the services provided to students by the constituent institutions and by the Auraria board of directors through the AHEC. The study must also examine the money that the general assembly appropriates to the department of higher education that is used in connection with the AHEC; the accounting of such money, and any appropriations or transfers of such money, in accordance with section 20 of article X of the state constitution; and recommendations for future appropriations that will be used in connection with the AHEC. The independent third-party entity shall present a report on the findings of the study; except that, if the independent third-party entity cannot complete the report by December 31, 2025, the independent third-party entity shall notify the constituent institutions and the AHEC and shall present the report no later than January 30, 2026. The study must include: A review of all plans and studies conducted in the past 15 years regarding the mission, vision, and development of the Auraria campus; An evaluation of the statutory design and mission of the Auraria campus; An evaluation of the current governance model of the Auraria campus; An evaluation of the operations and management structures under the current governance model of the Auraria campus; A comparison of the current governance model to alternative governance models which may yield greater efficiencies in service delivery; and An evaluation of the financial supports and structures of Auraria campus governance and operations. The constituent institutions may seek, accept, and expend gifts, grants, or donations from private or public sources for the purpose of funding the study, and shall enter into a cost-sharing agreement to pay for the study using gifts, grants, and donations. The act reduces the general fund appropriation made in the annual general appropriation act for the 2025-26 state fiscal year to the department of higher education for the college opportunity fund program for fee-for-service contracts with state institutions by $31,435,042. The act appropriates $31,435,042 from the general fund to the department of higher education for use by the AHEC. (Note: This summary applies to this bill as enacted.)
The act defines a solar sales company as an entity that: Transacts with a consumer to sell, or negotiate or execute a contract for the sale of, a residential solar electric system or residential battery energy storage system (system); or Transacts with a consumer to lease or enter into a power purchase agreement for a system. The act requires a solar sales company to provide to a consumer certain disclosures when entering into an agreement with the consumer for the purchase or lease of a system or a power purchase agreement for a system (agreement). The act also specifies the terms that an agreement must contain, including payment terms and contact information for the solar sales company. A solar sales company is required to retain a copy of a signed agreement for at least 4 years after the date the agreement is entered into. The personal information of a consumer must be maintained consistent with applicable data privacy laws. In the event of a sale of a system, the consumer has at least 3 business days after the date of the transaction to cancel the agreement without financial penalty, besides any nonrefundable deposits. The act requires a solar sales company to conduct a welcome call with the consumer, which welcome call must include certain disclosures. The consumer's 3-day cancellation period does not begin to run until the welcome call is conducted. The act describes the terms that any financing documents must contain if the purchase of a system is financed. The act sets forth requirements for a salesperson of a solar sales company and prohibits a solar sales company from using written or digital sales materials with names, logos, pictures, or other indicia of association with a public utility, cooperative electric association, or municipal utility, unless the solar sales company has received express, written consent from the relevant utility to do so or is complying with federal fair use laws. A solar sales company is also prohibited from representing that the solar sales company is affiliated with, sponsored by, or approved by a state incentive program without the express, written consent of the state agency in charge of the state incentive program. The act requires a solar sales company to provide certain warranties for the installation and workmanship of a residential solar electric system. Lastly, the act requires an investor-owned utility serving more than 500,000 customers that offers financial incentives for a system to provide certain information about the offered incentives to customers. A violation of the requirements of the act is enforceable as a deceptive trade practice under the "Colorado Consumer Protection Act". The act's requirements apply to agreements between a solar sales company and a consumer that are entered into on or after July 1, 2026. (Note: This summary applies to this bill as enacted.)
