Rep. Regina English

Beginning with the 2027-28 school year, the act requires each individual career and academic plan (ICAP) to include a requirement that, during the student's graduation year, the student has exposure to federal financial aid eligibility tools and net price calculators and practices filling out a free application for federal student aid or the Colorado application for state financial aid, unless the student or student's parent or legal guardian affirmatively declines to practice filling out the application or authorized school personnel determines it is not feasible for the student to practice filling out an application. The act requires each school district board of education to incorporate all the financial literacy standards into a course that is required for high school graduation. The act authorizes the department of education (department) to seek, accept, and expend gifts, grants, or donations for the purpose of supporting educators in implementing a financial literacy course. For the 2025-26 state fiscal year, the act appropriates $210,389 to the department for distribution to school districts to support implementation of a financial literacy course and the ICAP requirement. The act requires the department to distribute money to school districts that do not currently offer a course based on a formula determined by the department, which may include determining eligibility based on attestations from school districts. For the 2025-26 state fiscal year, the act appropriates $9,611 to the department of higher education for use by the Colorado commission on higher education and higher education special purpose programs for administration. (Note: This summary applies to this bill as enacted.)

The act clarifies when a teacher may conclude that an early elementary school student has a significant reading deficiency requiring remediation through a specialized approach to instruction (READ plan) based on a body of evidence that includes information in addition to the student's scores on a reading assessment. Current law requires certain parental communications in connection with a student's READ plan. The act requires the addition of specific information regarding characteristics of dyslexia, if applicable, to the parental communications. Beginning no later than the 2027-28 school year, a local education provider must either develop its own screening process for identifying early elementary school students with characteristics of dyslexia or implement a universal dyslexia screener that conforms to certain new requirements. A local education provider that implements a screener may include the screener in an interim reading assessment or administer the screener separately from the interim assessment. Either way, the screener must accurately and reliably identify students at risk of reading difficulties. If an interim reading assessment includes a screener, the assessment must meet standards for validity and reliability, encourage data-driven instructional decision making, and promote efficient administration and effective follow-up. (Note: This summary applies to this bill as enacted.)

Under current law, the Colorado commission for the deaf, hard of hearing, and deafblind coordinates and advocates for the provision of, and access to, services and resources for individuals who are deaf, hard of hearing, or deafblind (services and resources). Sections 1 through 11 of the act create the communication services for people with disabilities enterprise (enterprise) and the division for the deaf, hard of hearing, and deafblind (division) within the department of human services to provide these services and resources. Section 8 creates the Colorado division for the deaf, hard of hearing, and deafblind cash fund (cash fund). Telecommunications relay services (TRS) are provided for individuals who are deaf, hard of hearing, or deafblind in the state through a monthly surcharge that voice service providers collect from their telephone customers (monthly surcharge) and through a charge that sellers of prepaid wireless telecommunications services impose at the point of sale (charge). Under current law, the public utilities commission (commission) imposes the monthly surcharge and charge, and the amounts collected are disbursed for the Colorado commission for the deaf, hard of hearing, and deafblind to provide services and resources; for the state librarian to provide reading services for the blind and print-disabled; and for the talking book library. Sections 4 and 15 transfer the authority to impose the monthly surcharge and charge to the enterprise, while maintaining the commission's responsibility for collecting the monthly surcharge from voice service providers. Money disbursed for services and resources is credited to the cash fund for use by the enterprise and the division. For the 2025-26 state fiscal year, the act appropriates $5,550,636 of monthly surcharge and charge amounts collected by voice service providers and prepaid wireless telecommunications services retailers to the departments of human services, education, regulatory agencies, revenue, personnel, and law to implement the act. (Note: This summary applies to this bill as enacted.)

As it relates to unlawful detention of real property, the act expands current exceptions and protections for tenants who are victims of domestic violence and domestic abuse to include victims of unlawful sexual behavior and stalking (victim-survivor). If domestic violence or domestic abuse was the cause of an alleged unlawful detention of real property, current law requires the tenant to document the domestic violence or domestic abuse through a police report or a valid civil or emergency protection order (required documentation). The act expands the required documentation to include a valid criminal protection order, a self-attestation affidavit or a letter signed by a qualified third party from whom the tenant sought assistance. If a tenant has been alleged to have committed unlawful detention of real property due to nonpayment or late payment of rent and the tenant has provided the landlord with the required documentation, the act requires the landlord to offer the tenant a repayment plan no later than 3 business days after serving a demand for unpaid rent or no later than 3 business days after receiving the required documentation. Within 7 days after receipt of the repayment plan, the act requires the tenant to accept the landlord's repayment plan or propose an alternative. If a landlord has written or actual notice that a tenant is a victim-survivor, the act requires the landlord to make all reasonable efforts to perfect service through personal service to the tenant. The act requires the court to suppress, or continue suppressing, any related court records upon receiving the victim-survivor's motion or petition to suppress the record, the required documentation, and an assertion that public access to the records poses a risk to the defendant's safety or the safety of a family member of the defendant's household. The act makes changes to certain court procedures as the procedures relate to victim-survivors. If a tenant who is a victim-survivor terminates a lease and provides the required documentation, the tenant is not liable for damage to the dwelling unit caused by the responsible party or during the course of an incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The act requires the tenant to pay no more than one month's rent after vacating the premises only if the landlord has incurred economic damages as a direct result of the early termination and the landlord has provided documentation of the economic damages to the tenant within 30 days after termination of the rental or lease agreement. The act prohibits a landlord from assigning a debt allegedly owed by a tenant who is a victim-survivor to a third-party debt collector unless the landlord provides the tenant with documentation of the economic damages incurred by the landlord and provides at least 90 days' written notice to the tenant. If a tenant provides notice to the landlord that the tenant is a victim-survivor and provides the required documentation, the act prohibits the landlord from preventing the tenant from changing the locks and prohibits the landlord from imposing fees on, taking any adverse action against, or otherwise retaliating against the tenant for changing the locks or taking other reasonable safety precautions. The act authorizes a tenant to bring a civil action against a landlord for violating provisions related to housing protections for victim-survivors. (Note: This summary applies to this bill as enacted.)

The act: Amends the definition of "employer" for purposes of wage and hour laws to include an individual who owns or controls at least 25% of the ownership interest in an employer; Prohibits an employer from making a payroll deduction below a worker's applicable minimum wage; Allows the director of the division of labor standards and statistics (division) to waive the penalty for an employer's failure to pay claimed wages or compensation within 14 days after a written demand if certain specified conditions are met; and Requires a court to find that an employee pursued a wage claim that lacked substantial justification before awarding an employer reasonable costs and attorney fees in a civil action for unpaid wages or compensation. In such an action, the court may pursue all equitable relief to deter future violations and prevent unjust enrichment. Current law limits the ability of the director of the division to adjudicate claims for nonpayment of wages or compensation to $7,500 or less. The act increases this threshold over the years by increasing the maximum amount to $13,000 for claims filed from July 1, 2026, through December 31, 2027, and in an amount specified by the director of the division to adjust for inflation beginning January 1, 2028. The act also requires the division, in adjudicating wage claims, to determine whether a violation is willful. For each violation: The director shall publish on the division's website the names of all employers found to be in violation and whether the violation was willful; and If the violation was willful and is not remedied within 60 days after the division's finding that there was a violation, the division must notify all government bodies with the authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential of the unremedied willful violation. Additionally, the division may report an employer found to have violated a law related to wages and hours to any government body with authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential. The act also repeals language requiring the division to issue a determination on a wage complaint within 90 days and clarifies that a city or county may enact and enforce wage laws within the city or county's jurisdiction. An employer found to have misclassified an employee as a nonemployee must pay a fine in the following amounts, in addition to any other relief ordered: For a willful violation, $5,000; For a violation not remedied within 60 days after the division's finding, $10,000; For a second or subsequent willful violation within 5 years, $25,000; or For a second or subsequent willful violation not remedied within 60 days after the division's finding, $50,000. The director of the division must adjust these fine amounts for inflation by January 1, 2028, and every other year thereafter. The act also decreases the amount of time the division must wait before paying an employee out of the wage theft enforcement fund from 6 months to 120 days. Current law prohibits an employer from discriminating or retaliating against an employee for taking protection under wage and hour laws or the law related to the employment of minors. The act expands this provision to specify additional protected behavior and expands the prohibition to include other persons in addition to employers. The act also: Requires a fact finder to consider the time between an individual's exercise of a protected activity and an employer's adverse action when determining whether an employer has retaliated against the employee or worker; Specifies that it is a violation to use an individual's immigration status to discriminate or retaliate against an employee or worker who has engaged in protected activity; and Allows the division to order reasonable attorney fees and costs after investigating a discrimination or retaliation claim. Between August 1, 2027, and October 1, 2027, the division must report to the joint budget committee on its progress in implementing the act. In state fiscal year 2025-26, $328,210 is appropriated to the department of labor and employment for use by the division to implement the act. (Note: This summary applies to this bill as enacted.)

The act consolidates damages provisions for individuals with disabilities who experience discrimination in places of public accommodation or a violation of their civil rights with the general protections under the "Colorado Anti-Discrimination Act" (CADA) for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA are a court order requiring compliance with the applicable section of CADA, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and a defendant is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if the defendant corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. A defendant that cannot correct the violation in 30 days but shows good faith effort to correct the violation may be allowed up to 3 additional 30-day periods to correct the violation and be entitled to the 50% reduction of the cap on a noneconomic loss or injury award. Additionally, for discriminatory advertising in violation of CADA and as an alternative to seeking redress from the Colorado civil rights commission, a person aggrieved by such violation may bring a civil action and, upon a finding of a violation, is entitled to a court order requiring compliance with the section of CADA prohibiting discriminatory advertising, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and if a defendant is a small business, it is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if it corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. The act adds the provision of a recommendation letter signed by an individual's treating medical professional recommending testing accommodations as a method for an individual with a disability to demonstrate the need for a testing accommodation on a licensing exam. The act appropriates $100,305 from the legal services cash fund to the department of law to implement the act. (Note: This summary applies to this bill as enacted.)

The act establishes a definition of "mobile food establishment" to mean a retail food establishment that is operated from a vehicle, can change location, and is intended to operate from a commissary kitchen. The act establishes a reciprocal food safety license between the city and county of Denver (Denver) and other local governments throughout the state. The department of public health and environment (CDPHE) issues a statewide health department license (state license) based on the state health code to mobile food establishments that is valid in all local government jurisdictions throughout the state except for Denver. Denver issues a Denver-specific retail food license (Denver license) to mobile food establishments that is based on Denver's health code and that is only valid within Denver's jurisdiction. The act establishes reciprocity between these two licenses so that the state license is valid in Denver and the Denver license is valid across the state. The act requires the owner or operator of a mobile food establishment that wishes to take advantage of this reciprocity to provide a copy of either their Denver license or the state license to the local government in which they intend to operate or to Denver at least 14 days in advance of when they intend to operate. When a mobile food establishment is operating in a local government jurisdiction, including Denver's jurisdiction, the mobile food establishment must comply with all laws of the local government and is subject to inspection and enforcement by the local government. For a mobile food establishment with a state license that intends to operate in Denver, the mobile food establishment must submit certain documentation including, if requested, a summary of any violations within the previous calendar year related to the license or the operation of the mobile food establishment. The act also establishes that a fire safety permit that has been issued to a mobile food establishment by a local government is valid in any other local government jurisdiction if the fire safety permit was issued: By a local government that has adopted the most recent international fire code or a fire code that has incorporated the minimum standards for mobile food establishments developed by the division of fire prevention and control; and After completing an inspection by a certified fire inspector. The act requires that a mobile food establishment send a copy of the fire safety permit to the local government in which they intend to operate at least 14 days in advance of operation. While operating in a local government's jurisdiction, the mobile food establishment must comply with that local government's fire safety code and is subject to inspection and enforcement by the local government. The act authorizes the division of fire prevention and control to adopt minimum codes and standards for the operation of mobile retail food establishments for use by local governments. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)

The act extends the availability of the advanced industry investment tax credit (credit), which can be claimed by a qualified investor that makes a qualified investment in a qualified small business that is in an advanced industry, from December 31, 2026, through December 31, 2031. The act expands the definition of "qualified investment" by eliminating prohibitions against a qualified investor having more than 30% of the voting power in a qualified small business before the investor makes a qualified investment in the qualified small business and more than 49% of the voting power in a qualified small business after making a qualified investment in the qualified small business. The act changes the definition of "qualified investor" by clarifying that an entity subject to income tax may qualify as an investor; except that a C corporation, including any limited liability or other legal entity treated as a C corporation for federal and state income tax purposes, is not a qualified investor. A qualified investor may include a partner, shareholder, or beneficiary that is allocated a credit, but does not include: A person that had control of a qualified small business for 6 months preceding or following the date of the investment in the qualified small business; A founder, employee, or contractor or a spouse of a founder, employee, or contractor of a qualified small business; A person that has invested more than $50,000 in the qualified small business or owns more than 10% of the qualified small business on a fully diluted basis. The act authorizes the Colorado office of economic development (office), which administers the credit, to certify a small business as a qualified small business through October 1, 2031. A small business certified as a qualified small business must report to the office as requested to confirm the certified small business's status as a qualified small business. The office may require a qualified small business to provide information to confirm that a qualified investment has been made in the qualified small business, the intended use of the qualified investment, and the expected number of new employees that will be hired by the qualified small business as a result of the qualified investment. A qualified small business that receives a qualified investment is required to report data relevant to the impact of the credit and development of the qualified small business annually to the office for 5 years following a qualified investment. The office may assess a penalty against a qualified small business that does not meet this reporting requirement. The office may issue $4 million in credits per calendar year for the years through the 2026 calendar year for which the credit is currently available. The act decreases the cap to $2.5 million per calendar year beginning with the 2027 calendar year through the 2031 calendar year. If the qualified investor receiving a credit is a trust, the qualified investor may allocate the credit between the trust and its beneficiaries in any manner determined by the trust. The office shall issue a credit certificate to a trust beneficiary and a trust beneficiary may claim the amount indicated on the credit certificate. (Note: This summary applies to this bill as enacted.)

Under current law, life care institutions provide life and health support services to resident seniors who reside at the life care institution through the help of independent living arrangements, assisted living, or skilled nursing. The act allows life care institutions to provide community-based continuing care services to seniors in their homes and other services that benefit individuals who are awaiting admission to a life care institution. (Note: This summary applies to this bill as enacted.)

The act allows, but does not require, an eligible patient to request from a manufacturer the manufacturer's individualized investigational drug, biological product, or device, which is a drug, biological product, or device that is unique and produced exclusively for use by an individual patient based on the patient's own genetic profile. The manufacturer must be operating within an institution that operates under federal rules for the protection of human subjects. An eligible patient is an individual who has: A life-threatening or severely debilitating illness, as attested to by the patient's treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Received a recommendation from the patient's treating physician; Given written, informed consent for the use of the individualized investigational drug, biological product, or device; and Documentation from the treating physician that the individual meets the definition of "eligible patient". The act authorizes, but does not require, a manufacturer to make the individualized investigational drug, biological product, or device available to an eligible patient at no charge, but the manufacturer may require payment to cover the cost. If any harm is caused to the eligible patient resulting from the use of the individualized investigational drug, biological product, or device, a private right of action cannot be brought against the manufacturer or against any other individual or entity involved in the care of the eligible patient with regard to the eligible patient's use of the individualized investigational drug, biological product, or device, so long as the manufacturer, individual, or entity complied with the law and exercised reasonable care. The act prohibits disciplinary action against a health-care provider's license based on the health-care provider's recommendations regarding the use of the individualized investigational drug, biological product, or device. The act does not affect a health-care insurer's obligation under current law relating to coverage for an insured's participation in a clinical trial. (Note: This summary applies to this bill as enacted.)