Rep. Regina English

Under current law, if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of another person, the person commits first degree murder. The bill requires that the person:Cause the death of more than one person;Cause the death of one person and cause serious bodily injury to 2 or more persons by means of a deadly weapon;Cause the death of a child who is under 12 years old; orCause the death of a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of their duties.     The bill creates a new charge of murder in the second degree if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of only one other person.      The bill expands the conduct by which a person can commit criminally negligent homicide to include proximately causing the death of another person while operating or driving a motor vehicle with criminal negligence.     The bill creates the offense of aggravated vehicular homicide by operating a motor vehicle in a reckless manner or while under the influence of or impaired by alcohol or other drugs and causing the death of another person when the person also:Has been convicted twice of driving under the influence or driving while ability impaired;Has been convicted of vehicular homicide or vehicular assault;Commits the offense while eluding or attempting to elude law enforcement;Commits the offense while in flight from the commission of another felony offense, not including a traffic offense; orCommits the offense while driving at a high rate of speed, creating an imminent risk of death or serious bodily injury to another person.      The bill creates the new offense of negligent vehicular homicide if a person drives a motor vehicle with criminal negligence and causes the death of another person. Negligent vehicular homicide is a class 5 felony.(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.)

The bill creates the state temporary hospitality event permits (hospitality permit) where marijuana may be consumed, but not sold or distributed, at the event premises for a temporary hospitality event (event). Other licensees are permitted to participate in the event. To be issued a hospitality permit, the applicant must hold an active marijuana hospitality business license, apply for the hospitality permit, and pay the application fee. Application standards are set. The state licensing authority sets the application fee to offset the direct and indirect costs of issuing a hospitality permit.     A marijuana hospitality business or a participating licensee is prohibited from:Operating an event for longer than 72 hours;Hosting more than 15 events per year;Selling, transferring, or distributing marijuana at the event premises during an event; andTransferring the hospitality permit to another person.     To hold an event at a specific event premises, the applicant must apply for and be issued an event premises permit (premises permit) by the local licensing authority. Standards are set for the application process. To qualify for a premises permit, the licensee must demonstrate that the event premises comply with applicable zoning, fire, and public health laws and comply with the bill. Standards are set for an application for and the issuance of the premises permit.     In order for event premises to be used, the local jurisdiction must adopt a resolution or ordinance authorizing events within the jurisdiction. The local jurisdiction may impose reasonable conditions and limitations.     If a premises permit application is denied, the applicant may request a hearing within 7 days after the denial. If a hearing is requested, the local licensing authority shall hold a hearing to determine if the denial is justified. The local licensing authority sets the fee to issue a premises permit.     The state licensing authority must adopt rules. Both the state and local licensing authorities may enforce the bill and marijuana laws at the events and on the event premises. The state licensing authority and a local licensing authority may separately or jointly inspect permitted events or event premises.(Note: This summary applies to this bill as introduced.)

The act defines, and creates requirements for, portable-scale solar generation devices. In addition, the act prohibits a provider of retail electric service or wholesale energy from, among other things, requiring a customer to obtain the provider's approval before installing or using a portable-scale solar generation device. The act also prohibits a person from directly or indirectly unreasonably prohibiting the installation, use, or operation of a portable-scale solar generation device. A covenant or restriction that explicitly or indirectly unreasonably prohibits or restricts the installation, use, or operation of a portable-scale solar generation device is unenforceable and void as a matter of public policy, though a real property owner may require reasonable restrictions.     The act clarifies that a portable-scale solar generation device is considered an energy efficiency measure on and after January 1, 2027, and a unit owners' association of a common interest community is therefore not permitted to prohibit the installation or use of a portable-scale solar generation device. However, a real property owner that resides in a common interest community and installs a portable-scale solar generation device may be required to reasonably secure the device to their unit and may be responsible for all liability and costs associated with the device's installation, maintenance, or removal.     The act specifies that a provider of retail electric service or wholesale energy is not liable for any damage caused by a portable-scale solar generation device and requires that the installation of a portable-scale solar generation device be in accordance with fire code requirements and applicable building codes that pertain to health and safety.     Under current law, a utility that is subject to regulation by the public utilities commission (commission) must allow for customer ownership and use of a meter collar adapter through the utility's interconnection standards. The act requires the commission, on or before December 31, 2026, to revise existing commission interconnection rules to explicitly require commission-regulated utilities to:Maintain a public list of at least one approved meter collar adapter;Have a process for approving a meter collar adapter that is not included in the public list;Approve proposed meter collar adapters that meet certain technical requirements;If the installation of an approved meter collar adapter requires relocation of the meter enclosure or replacement of the meter housing, provide an estimate of costs associated with this work upon request of the customer;Establish and publish a process for a customer to request and install a meter collar adapter; andFacilitate the installation of a meter collar adapter by a registered electrical contractor and require that all electrical work be performed by a qualified party such as a master electrician.     In addition, the act states that the revised commission interconnection rules must allow commission-regulated utilities to require that installation work for a meter collar adapter be performed by the commission-regulated utility, a licensed electrical contractor, or a party approved by the commission-regulated utility if the installation of an approved meter collar adapter requires removal of the meter.     The act requires cooperative electric associations and customer-generators to comply with the rules adopted by the commission regarding meter collar adapters and with other commission rules regarding production meters.     Similarly, the act requires municipally owned utilities to:Maintain a public list of at least one approved meter collar adapter;Have a process for approving a meter collar adapter that is not included in the public list;Approve proposed meter collar adapters that meet certain technical requirements;If the installation of an approved meter collar adapter requires relocation of the meter enclosure or replacement of the meter housing, provide an estimate of costs associated with this work upon request of the customer; andInclude a process for a customer to request and install a meter collar adapter. (Note: This summary applies to this bill as enacted.)

The division of housing in the department of local affairs (division) administers an affordable home ownership program (program) that makes grants to nonprofit organizations, local governments, community development financial institutions, and community land trusts (eligible organizations) and tribal governments to support affordable home ownership, including the development of residential housing units that are described in an eligible organization's funding request (project). Current law specifies that only a household with an income less than or equal to 120% of the area median income is eligible for assistance through the program, but it is unclear whether this requirement applies to housing units constructed by an eligible organization through one of its projects. The act clarifies that only a household with an income less than or equal to either 120% of the area median income of households of that size in the jurisdiction of a local government in which the households are located, or 120% of the statewide area median income of households of that size, is eligible for housing constructed by an eligible organization through one of its projects.     In addition, the act requires the program to offer housing that costs not more than 38% of a household's monthly income unless the ownership program is providing a homeowner with assistance for home rehabilitation.     The act also requires the program to offer grants and loans to groups or associations of mobile home owners and their assignees to support affordable homeownership for households with income less than or equal to 120% of the area median income of households of that size in the territory or jurisdiction of the local government in which the households are located, and specifies that the monthly housing payment must not cost more than 35% of the monthly household income. The act allows the division to modify the maximum percentage of income that a household may allocate pursuant to the program as applied to a residential unit constructed by an eligible organization as part of an affordable housing project pursuant to a waiver process initiated by an eligible organization if a substantial need for housing the project's target population exists, the unit has been adequately marketed to eligible buyers for purchase for at least 6 months after final completion of the unit, and the unit has not been purchased by an eligible buyer within that 6-month period.     For grants from the program to support tribal government programs, the tribe is responsible for establishing limitations on household income and maximum percentage of income that a household may allocate for monthly housing costs and a tribal affordability mechanism in lieu of any state-prescribed use covenant. The tribe shall submit evidence to the division that it has satisfied these requirements but is not required to disclose confidential tribal data, including the specific limitations or mechanisms it sets.     The division also administers a land banking program (land banking program) that makes grants to local and tribal governments and loans to nonprofits to acquire and preserve land for the development of affordable housing. For grants made to local governments or loans to nonprofits, the development of affordable housing includes rental housing projects with an imputed income limit by household size not to exceed 60% of area median income. Regulated units in the project must have a gross rent limit that does not exceed 30% of the imputed income limitation applicable to the units. Current law requires that a project provide for-sale housing that may be purchased by a household with an annual income of 100% of area median income. The act changes the income limit to 120% of area median income. For land banking program grants to support tribal government programs, the tribe is required to establish income limits by household size and gross rent limits and is not required to use the limits otherwise required for eligible organizations. The tribal government is required to submit evidence that it has established income and gross rent limits but is not required to disclose confidential tribal data, including what the specific limitations are.     The division may issue a waiver with housing cost limits that are different from those requested by an eligible organization if different housing cost limits would better serve needs identified in the community, the project remains financially feasible, and there are eligible buyers that meet the division's requirements. Alternatively, the division may modify the total amount of funding to account for an increase in the sales price of the unit. In lieu of this process, the division may approve an eligible organization's process for determining when to exceed the maximum monthly household income for a unit funded by the program, which shall not require a 6-month marketing period.     The division may allow an eligible organization to rent residential units constructed as part of the project. On or before December 31, 2026, the division is required to issue guidance for when units within a project may be rented and develop a process by which rented units may return to the for-sale market. A homeowner may rent a unit funded by the ownership program as long as the unit remains their primary residence.(Note: This summary applies to this bill as enacted.)

The act requires measures to improve equity in maternal health, including:Requiring the Colorado medical board to consider, as part of its stakeholder process for continuing medical education, a requirement that a physician complete continuing medical education on cultural competence and equity in maternal care;Requiring the state board of nursing rules relating to continuing education to include rules relating to health-care provider attention to cultural competence and equity in providing health-care services;Authorizing the department of public health and environment (CDPHE), subject to available appropriations, to provide a health survey to additional birthing parents, beyond those currently surveyed, and to compile the data if surveyed;Requiring a health facility that provides labor and childbirth services to make available to a birthing parent and a birthing parent's companion, electronically or in writing, a statement on respectful labor and childbirth regarding rights and components, including freedom from harm, privacy and confidentiality, informed consent, and allowing a birthing parent to have a birthing companion present at the birth, and to make available information, including telephone contact information, for the appropriate state or federal agency to receive a complaint alleging discrimination in labor and childbirth services;Subject to available federal grant funding for the maternal health task force (task force) established by CDPHE, ensuring that the maternal health task force includes at least one advocate representing populations with the worst maternal mortality outcomes in the state; andBeginning October 1, 2026, with respect to CDPHE's Colorado maternal mortality review committee, changing the reporting to the general assembly every 3 years concerning maternal health outcomes and equity from July to October and requiring the reporting of certain maternal health outcomes for populations known to have the worst maternal mortality outcomes in the state.(Note: This summary applies to this bill as enacted.)

The act repeals the requirement for coroners, or other officials performing like functions, to report to the department of transportation (department) deaths resulting from traffic accidents on a monthly basis. The act requires coroners, or other officials performing like functions, to report all available toxicology results to the department for each deceased party who has died as a result of a motor vehicle crash. The report must be submitted by the final business day of each quarter of the calendar year.     If a participant in a crash dies within 30 days as a result of a crash, the act requires the law enforcement officer who was notified of, or investigated, the crash to submit an amended report to the department within five days after receiving a notification of the death.(Note: This summary applies to this bill as enacted.)

The act requires a law enforcement entity that receives a report alleging an offense involving sexual assault or abuse of a child to conduct a minimal facts interview and record certain information, including the child's name, the alleged offender's name, and a summary of the alleged incident. After receiving the report, a law enforcement entity must notify a child advocacy center within the judicial district where the alleged crime occurred, or another appropriate child advocacy center, within one week after taking the report. The law enforcement entity is required to collaborate with the child advocacy center in requesting a forensic interview for the alleged child victim if the law enforcement entity deems a forensic interview is necessary and appropriate.     The act changes the definition of a child witness for purposes of testifying using closed-circuit television from a person who is 12 years old or younger, to a person who is younger than 18 years old. The act requires a judge to make findings on the record regarding a witness who is a child or a person who has an intellectual and developmental disability, specifically, if the witness will suffer serious emotional distress or trauma from courtroom testimony when the defendant is present.(Note: This summary applies to this bill as enacted.)

Maddy summaryHB 1305 allows remote psychiatric inpatient facilities in Colorado to operate under a main hospital's general license instead of needing separate psychiatric hospital licensing, provided they meet specific criteria. These facilities must be located within 35 miles of a main hospital in a rural area, offer 17+ inpatient beds, meet all psychiatric hospital standards, and maintain federal provider-based status. The main hospital remains responsible for all licensing enforcement actions related to the remote location, and the facility must pay a separate licensing fee. This change aims to streamline operations while maintaining regulatory oversight through the main hospital's license.

Under current law, a pet store in Colorado is permitted to sell or offer for sale dogs or cats if the pet store abides by certain requirements. The act removes the existing permission so that, beginning January 1, 2028, a pet store is no longer permitted to sell, lease, offer to sell or lease, barter, auction, or otherwise transfer ownership of a dog or cat. Nothing prohibits a pet store from providing space for the display of dogs or cats available for adoption if the pet store does not collect a fee from the display and if certain requirements are met.     The act defines 'broker' as a person that, for profit, sells, leases, offers to sell or lease, barters, auctions, or otherwise transfers ownership of, in person or online, a pet animal bred by another person. A broker does not include a person that transfers no more than 3 single pet animals per each calendar year if the person transfers each single pet animal no more than once. The act states that a broker is not permitted to sell, lease, offer to sell or lease, barter, auction, or otherwise transfer ownership of a dog or cat. The act clarifies that the following are still permitted:The sale, transfer, or adoption of an animal, including a law enforcement animal, to a governmental agency;The sale, transfer, or adoption of a guide, signal, or service dog;The sale, transfer, or adoption of a dog or cat by an animal shelter or pet animal rescue;The sale, transfer, or adoption of a dog bred or trained for lawful hunting to or by an individual who possesses a current hunting license;The sale or transfer of a dog or cat by the original breeder of the dog or cat; andThe sale, transfer, or adoption of a dog or cat by a health-related research facility.(Note: This summary applies to this bill as enacted.)

The act clarifies that municipal court defendants have a right to counsel and that municipal defense counsel have the same notice requirements, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The act applies the prohibition to all municipalities and allows a flat fee arrangement if the flat fee is the same or higher than a resulting fee based on hourly compensation.     Current law requires municipal court proceedings to be open to public observation. The act requires virtual observation for all in-custody proceedings and prompt resolution of municipal cases.(Note: This summary applies to this bill as enacted.)