Rep. Kyle Brown

The act eliminates financial assistance and supports and reimbursement to county departments of human or social services (county departments) for non-certified kinship care homes.     The act specifies that county departments are not required to provide financial assistance and supports for non-certified kinship care homes, except as required by the federal 'Social Security Act' and by Colorado's out-of-home placement required services and temporary custody provisions.     The act requires the department of human services to create a standardized notice for non-certified kinship care providers regarding the discontinuation of non-certified kinship care financial assistance. The act requires county departments to provide the notice by June 15, 2026, to non-certified kinship foster care homes currently receiving monthly payments.(Note: This summary applies to this bill as enacted.)

The act requires an institution of higher education (institution) that operates a student health center to provide abortion medication to all students enrolled at the institution.     The act requires an institution that has an on-site prescription drug outlet or other outlet to maintain a stock of and provide access to abortion medication to students enrolled at the institution.     The act requires an institution that does not have an on-site prescription drug outlet or other outlet to either submit a prescription for abortion medication to an off-campus prescription drug outlet or other outlet or dispense abortion medication through the institution's student health center if permitted by the student health center's licensure.     The act prohibits an institution from knowingly providing personally identifiable information contained in a student's patient records, billing records, or precise location data related to accessing abortion medication in response to a request from another state seeking to impose liability for accessing abortion medication.     An institution is not required to provide access to or stock abortion medication if doing so would jeopardize an institution's federal grant participation, require the institution to deviate from generally accepted billing practices, modify the generally accepted standards of medical practice, or conflict with the institution's sincerely held religious beliefs or practices.(Note: This summary applies to this bill as enacted.)

Beginning on January 1, 2027, the act authorizes an optional collision prevention fee (fee), which is collected at the time of registration of a passenger motor vehicle, light-weight truck, motorcycle, or recreational vehicle (motor vehicle). An individual may decline to pay the fee when registering a motor vehicle, and nonpayment of the fee does not affect the individual's ability to register the motor vehicle. In connection with imposing the fee, the statewide bridge and tunnel enterprise (enterprise) within the department of transportation (department) is required to collaborate with:The department of revenue and county clerks to develop language to notify individuals about the fee, including explicit language regarding the ability to decline to pay the fee and the fact that nonpayment of the fee will not affect an individual's ability to register a motor vehicle; andThe department of revenue, the department, county clerks, the division of parks and wildlife, and other impacted stakeholders to conduct a public outreach campaign to educate the public about the fee and what benefits the fee will provide. The enterprise is required to initiate the public outreach campaign as soon as practicable and must develop and deliver customer-facing educational materials to county clerks on or before December 1, 2026.The fee amount is set at $5 and, beginning in state fiscal year 2028-29, the enterprise is allowed to adjust this fee amount upward for inflation.     75% of the revenue from the fee is credited to the newly created collision prevention fund (fund), which is continuously appropriated to the enterprise for use in the following ways:To fund wildlife safe passage projects, defined as one or more projects that reduce wildlife-vehicle collisions and improve habitat connectivity by providing wildlife road crossings;To provide matching money as required by federal grant programs relating to wildlife safe passage projects; To expend for administrative and personnel expenses related to those purposes; andTo promote the fee and fund to maximize participation in the optional fee, in collaboration with the department of revenue, impacted stakeholders, and interested organizations.In determining which wildlife safe passage projects the enterprise will undertake, the enterprise is required to:Consult with the division of parks and wildlife (division) and the Colorado wildlife and transportation alliance;Consult with the tribal government if the project is on or adjacent to tribal land;Consult with relevant local governments with jurisdiction over the area of the proposed project and any relevant local organizations engaging in work to reduce vehicle collisions;Consider studies concerning the prioritization of wildlife within the state;Consider whether the wildlife safe passage project is related to a bridge or tunnel project undertaken by the enterprise; andIn consultation with the division, consider opportunities for landowner agreements or additional conservation efforts that may be necessary to ensure the continued functionality of infrastructure associated with a proposed wildlife safe passage project.     25% of the revenue from the fee is credited to the wildlife cash fund and continuously appropriated to the division to provide services related to wildlife connectivity and wildlife crossing-related conservation efforts.     The act also modifies the process for the keep Colorado wild pass fee, which is an existing optional fee paid at the time an individual registers a motor vehicle, to align with the process for the collision prevention fee by removing the presumption that an individual who declines to pay the keep Colorado wild pass fee is presumed to decline to pay that fee in subsequent years with respect to registration of the same motor vehicle. With this change, an individual must affirmatively opt out of the payment of both the keep Colorado wild pass fee and the collision prevention fee each year that the individual registers the motor vehicle.     For the 2026-27 state fiscal year:$53,516 is appropriated from the DRIVES cash fund to the department of revenue for use by the division of motor vehicles; Of funds appropriated from the parks and outdoor recreation cash fund to the department of natural resources for use by the division, $778 is reappropriated to the department of revenue for use by the division of motor vehicles; and$19,940 is appropriated from the legal services cash fund, from revenue received from the department from the collision prevention fund, to the department of law to provide legal services for the department.(Note: This summary applies to this bill as enacted.)

The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or household member; and clarifies that the conduct in the definition of domestic violence is domestic violence regardless of whether it constitutes a criminal offense. A person's protective behaviors do not constitute domestic violence.     For purposes of determining the allocation of parental responsibilities based on the best interests of the child, the act requires that for any evidence submitted to the court concerning whether a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the court may consider any relevant and admissible evidence, and the court shall make findings on the record by a preponderance of the evidence whether the party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child.     If the court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the act outlines the considerations that the court must undertake when determining decision-making responsibility and parenting time.     Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the act requires that the accused party participate in treatment with a mental health professional who holds a master's or doctoral degree and a mental health professional license and has specialized training and expertise in treating survivors and perpetrators of domestic violence and child abuse and the effects of domestic violence and child abuse.(Note: This summary applies to this bill as enacted.)

Under Colorado law, a person is guilty of a crime for placing food or edible waste in the open to lure a wild bear. The act:Lowers the mental state requirement from intention to knowingly placing the food or edible waste in the open in circumstances where there is a reasonable probability of luring a wild bear;Repeals the requirement that a first offense be given a warning; andRaises the fine for a third or subsequent offense from $2,000 to $5,000.(Note: This summary applies to this bill as enacted.)

The act permits a county or municipal jail (local detention facility) to conduct a strip search of a person who is detained in the local detention facility, only:When the facility is conducting intake of the detained person who has come in from outside the facility and a strip search upon intake is part of the detention facility's policy;When 2 personnel of the facility have determined and reasonably believe the detained person is concealing a controlled substance, a dangerous instrument, or contraband; or Under a circumstance or set of conditions in which there has been a prior incident of possession of a controlled substance, a dangerous instrument, contraband, or any other item that creates grave danger to property or injury to persons and substantially obstructs the performance of the institutional functions of the local detention facility, the circumstance or set of conditions give rise to a substantial likelihood that a similar incident may occur again, and the local detention facility has a written policy authorizing a strip search under the circumstances or set of conditions.     The act requires that each local detention facility document the number of, reason for, and results of a strip search in a report that each facility must submit annually to the jail standards advisory committee and the Colorado attorney general. The act requires detention facility personnel to record strip searches via body-worn camera and limits access to the recordings. The act requires each sheriff to coordinate with the sheriff's body-worn camera vendor to implement a tag for strip searches in body-worn camera footage tagging options and ensure that strip search footage has the most restrictive level of access available within the sheriff's body-worn camera system.     The act requires local detention facilities to have a policy detailing staff protocol for responding to suspected, alleged, or witnessed sexual abuse and requires staff to report suspected, alleged, or witnessed sexual abuse. The act creates whistleblower protection policies for jail staff and creates a right of action against a local detention facility for a staff member who was subject to an adverse employment action because the staff member disclosed information to the proper supervising authority about sexual abuse or sex-based harassment in the local detention facility.     The act requires local detention facilities to inform prisoners of their rights and the resources available to them if they are a victim of sexual abuse while in jail and allow sexual assault advocates to access prisoners who request advocacy services. The act requires local detention facilities to designate a 'Prison Rape Elimination Act of 2003' (PREA) coordinator and requires jails to provide the coordinator's contact information to prisoners and the public.     The act requires the removal of peace officers standards and training board (P.O.S.T. board) certification from any peace officer who is found by an administrative law judge, hearing officer, or internal investigation to have sexually abused a prisoner in a local detention facility.     The act appropriates $38,916 to the department of law from the P.O.S.T. board cash fund for P.O.S.T. board support.(Note: This summary applies to this bill as enacted.)

The act authorizes a local government with permitting authority over land uses (local government) to designate one or more areas within the jurisdiction of the local government as renewable energy reinvestment areas for the siting of renewable energy and energy storage system projects (eligible projects). In designating an area as a renewable energy reinvestment area, the local government must hold at least one public hearing and hold at least one public hearing for any construction permit applications required for a proposed eligible project in the renewable energy reinvestment area or must designate the area as part of an urban renewal plan or county revitalization plan and ensure that any outreach to and engagement of disproportionately impacted communities is consistent with statutory requirements. A local government cannot designate an eligible site within tribal lands without first consulting with the tribe with jurisdiction over the lands.     If an eligible project is sited in a renewable energy reinvestment area, an urban renewal authority or county revitalization authority (authority) may distribute tax increment revenue to finance or reimburse costs associated with the eligible project if the renewable energy reinvestment area is included in the authority's urban renewal plan or county revitalization plan.     In response to a request made by a local government or an eligible project developer for information regarding a designated renewable energy reinvestment area, a utility is required to acknowledge the request and provide the requestor readily available information within 30 days after the request is made.     The Colorado energy office is required to consolidate, publish on its website, and periodically update technical and informational resources concerning the process for siting, permitting, and developing eligible projects in renewable energy reinvestment areas.(Note: This summary applies to this bill as enacted.)

The act requires the division of parks and wildlife (division) in the department of natural resources to expand the division's capacity for outdoor recreation coordination, planning, and management and take a leading role in state-level coordination, strategic planning, and implementation of Colorado's outdoors strategy. The division is directed to, among other things, engage with relevant partners, stakeholders, tribal governments, and agencies to coordinate and incorporate wildlife, conservation, recreation, and climate-resilience considerations across agency planning and decision-making processes.     In addition, the division is required to support, in consultation with relevant entities, the planning, development, and maintenance of outdoor recreation infrastructure to enhance outdoor recreation opportunities while protecting private property rights, wildlife, and natural resources. The division is directed to coordinate and consult with local governments to identify potential impacts to services and infrastructure associated with outdoor recreation use.     The act also requires the division to create, and update at least annually, integrated regional outdoor recreation and conservation planning reports to inform division awareness and operational decision-making. In 2027 and 2028, the division is required to include an update on the outdoor recreation coordination, planning, and management efforts required by the act during its 'SMART Act' hearing.     For the 2026-27 state fiscal year, the act appropriates $436,025 to the department of natural resources from the parks and outdoor recreation cash fund to be used for state park operations.(Note: This summary applies to this bill as enacted.)

The act changes the boundaries of the front range passenger rail district (district) to include certain listed municipalities, any municipality whose governing body and, if necessary, electors, consent for the municipality to be included in the district, certain listed metropolitan districts, and any metropolitan district that is not within a municipality, whose governing body consents for the metropolitan district to be included in the district, and that is identified for inclusion in the district by a district board (board) resolution.     The act requires that directors of the board appointed on or after July 1, 2026, reside within the district, unless that director is already serving on the board.     The act allows the board to create subdistricts within the district. The only voting members of a subdistrict board must be directors appointed by an entity that includes territory within the subdistrict and directors who reside within the subdistrict.     The act requires that any action by a subdistrict to establish or increase a tax or create a multiple-fiscal year debt must be submitted to a vote of the registered electors of the subdistrict. Before submitting a tax question to the voters, the district or subdistrict must certify that it has made every reasonable effort to secure federal, state, or special purpose authority funding.     Lastly, the act changes the method for determining the distribution of the costs of a district or subdistrict election. Under the new method, the costs of such an election are reimbursed in the same method and manner as state primary, coordinated, general, congressional vacancy, special legislative, or recall elections conducted after July 1, 2024. The act also requires that any constitutionally required notice for a district or subdistrict election be included in the ballot information booklet.(Note: This summary applies to this bill as enacted.)

Current law requires a local government or a tribal government desiring to receive funding from the statewide affordable housing fund to have filed with the division of housing of the department of local affairs (division) a commitment specifying how, within a 3-year cycle, affordable housing units within the local or tribal government's territorial boundaries will be increased by 3% each year over the baseline number of affordable housing units (baseline number). The baseline number resets every 3 years for the next cycle. To be eligible for funding from the statewide affordable housing fund, a local or tribal government is required to file a commitment with the division and achieve the 3% increase over the baseline number each year during the 3-year cycle.     The act changes the requirements for the 3-year cycle beginning on January 1, 2027, and each 3-year cycle thereafter. A local government desiring to receive funding from the statewide affordable housing fund is no longer required to increase affordable housing units by 3% above the baseline each year, but is instead required to meet the target increase number of affordable housing units (target increase number). The target increase number equals the average annual number of permits for new housing units or functional equivalents of permits for new housing units that have been issued over the past 3 years within the jurisdiction of the local government, multiplied by the number of years of the upcoming 3-year cycle to which the local government is committing, multiplied by:0.10 if the average annual job growth rate in the county in which the local government is located is significantly lower than the statewide median annual job growth rate over the past 3 years, as determined by the division;0.15 if the average annual job growth rate in the county in which the local government is located is close to the statewide median annual job growth rate over the past 3 years, as determined by the division; or0.20 if the average annual job growth rate in the county in which the local government is located is significantly higher than the statewide median annual job growth rate over the past 3 years, as determined by the division.     The act requires the division to establish specific numerical ranges for the job growth rate thresholds.     The act permits a local government that desires to be eligible for funding from the statewide affordable housing fund but is unable to achieve the 3% annual increase in affordable housing units for the 3-year cycle beginning on January 1, 2024, to file a good faith effort waiver with the division. To be eligible, the local government must have achieved at least 65% of the targeted annual increase. The division may, in its discretion, grant a good faith effort waiver to a local government that filed for a waiver on or after June 15, 2026, but before November 1, 2026, and complied with other requirements of the act.     The act permits a government that desires to be eligible for funding from the statewide affordable housing fund but is unable to meet the target increase number in affordable housing units for the 3-year cycle beginning on January 1, 2027, to file an adjustment waiver with the division. The adjustment waiver must be supported by verifiable data and propose a revised annual increase of at least one unit per year. The division may, in its discretion, grant an adjustment waiver to a government that filed for a waiver and complied with other requirements of the act.     To determine whether a local government has achieved the target increase number for the 3-year cycle beginning on January 1, 2027, and for each 3-year cycle thereafter, an affordable housing unit that satisfies the following criteria counts for one affordable housing unit plus the following corresponding additional unit amount:Unless local governments have a written agreement otherwise, a unit developed with money from multiple local governments may be counted by each local government as a percentage of one unit proportional to the percentage of funding it provided;A unit that is developed on land donated by the local government qualifies for an additional 0.10 of a unit. The 0.10 of a unit qualifies for the local government that donated the land.An affordable housing unit that is developed with money provided by multiple local governments qualifies for an additional 0.10 of a unit for each local government that provided money;A unit that is developed to be for-sale housing and that meets certain affordability requirements qualifies for an additional 0.20 of a unit; andA unit that is restricted to be rented or sold to a household with an annual income of at or below 40% of the area median income, including a supportive housing unit, qualifies for an additional 0.20 of a unit.     If affordable housing is developed and qualifies for a property tax exemption, thereby reducing property tax revenue to the county in which the affordable housing is located, and the county did not provide any money to develop the affordable housing, the division may, in its discretion, allow each such affordable housing unit to count as up to 1.15 affordable housing units for the county at the time of vertical construction.     Beginning in 2027, to be eligible for direct funding, or for affordable housing projects within a tribal government's territorial boundaries to be eligible for funding, tribal governments are required to implement a system to expedite the development approval process for affordable housing projects and required to submit evidence of such satisfaction to the division.(Note: This summary applies to this bill as enacted.)