Rep. Steven Woodrow

To improve the clarity and certainty of the statutes, the bill 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 bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes.(Note: This summary applies to this bill as enacted.)

The act creates the Colorado behavior analyst licensing board (board) under the direction and supervision of the division of professions and occupations in the department of regulatory agencies. On and after July 1, 2028, an individual is prohibited from engaging in or offering the practice of applied behavior analysis unless the individual is licensed by the board. The board is authorized to license behavior analysts and assistant behavior analysts if they meet the requirements specified by the act and the rules adopted by the board pursuant to the act.     An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:File an application for a license;Have a valid certification in good standing with a certifying entity;Complete a fingerprint-based criminal history record check;Carry professional liability insurance in an amount determined by the board by rule unless working as a public employee covered under governmental immunity; andIf the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst and practice within the scope of practice established by rules of the board.     The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct. The board may also send a licensee a letter of admonition or a confidential letter of concern under certain circumstances.     The act exempts specified individuals from the licensing requirements established by the act.     An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the act and who is not exempted from licensure commits a class 2 misdemeanor.     The board may adopt rules as necessary to implement the act.     The regulation of behavior analysts and assistant behavior analysts is scheduled for repeal on September 1, 2031. Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law.     The act requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autism spectrum disorder or other conditions for which coverage may be available under state department policies. Subject to federal approval, the state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required by the state department to be certified by a certifying entity, but is not certified at the time of services, for services provided during one temporary period of not less than 45 days while the behavior technician is pursuing the certification if specified conditions are met.     The department of human services (department) is required to prescribe and publish standards for the licensing and regulation of applied behavior analysis clinics (clinics). The department is authorized to adopt rules concerning specific subjects related to standards for clinics. Clinics are required to comply with specified requirements regarding local government zoning regulations, licensing fees, and qualifications for employees of the clinics.     The act changes the definition of 'day treatment center' to 'day treatment facility' and requires that facilities that were not subject to the definition before the effective date of the act but that meet the amended definition submit an application for licensure by the department on or before August 1, 2026 , and become licensed before August 1, 2027.(Note: This summary applies to this bill as enacted.)

The act creates the 'Colorado Artist Company Act', which authorizes a person in the state to create a limited liability company with a stated artistic mission (artist company), which artist company is subject to state law applicable to limited liability companies except where specified in the act.     An artist company must state its artistic mission in its articles of organization or operating agreement and be formed and owned by one or more individuals that create works of authorship or artistic expression comprising written, oral, visual, graphic, literary, musical, audiovisual, digital, or performing art in any medium (artists). Artists must own not less than 51% of all voting securities of the artist company at all times (required ownership percentage).     A limited liability company that meets the required ownership percentage may elect to become an artist company by amending its articles of organization or its operating agreement to state its artistic mission and by complying with certain other requirements.     A person may form an artist company by filing with the Colorado secretary of state articles of organization. The articles of organization may specify certain ownership, governance, artistic work distribution, tax treatment, and dissolution structures.     An artist company may accept capital in any form and its members and managers have certain duties specified in the artist company's articles of organization or operating agreement along with the duties imposed by state law applicable to limited liability companies.     Members of an artist company may assign or exclusively license intellectual property to an artist company as an in-kind capital contribution. An artist company's articles of organization or operating agreement may require artist-members to assign or exclusively license to the artist company artistic work created during membership that relates to the artistic mission of the artist company. An artist company's articles of organization or operating agreement may provide for certain procedures and terms regarding the admission and departure of members.     An artist company may elect at formation, or at the time of election to become an artist company, to be a public benefit artist company (public benefit artist company) by stating in its articles of organization or operating agreement, if any, that it is a public benefit artist company and setting forth in its articles of organization or operating agreement, if any, one or more specific public benefits to be promoted by the artist company. The members and managers of a public benefit artist company are subject to certain additional duties. A public benefit artist company must provide its members and donors with an annual statement specifying certain information as to the public benefits and artistic mission of the public benefit artist company.     Upon the dissolution of an artist company or public benefit artist company, artistic work assigned or licensed by artist-members to the artist company or created by artist-members of the artist company reverts to the artist-member, except as specified in the articles of organization or operating agreement and subject to certain security interests, licenses, and obligations. After giving effect to artistic work reversionary rights, the assets of the artist company must be distributed in accordance with the articles of organization or operating agreement or, if not specified in the articles of organization or operating agreement, pro rata to members based on ownership percentages.     $93,878 is appropriated from the department of state cash fund to the department of state. To implement this act, the department of state may use the appropriation as follows:$5,478 for use by the business and licensing division for personal services; and$88,400 for use by the information technology division for personal services.(Note: This summary applies to this bill as enacted.)

The act modifies legislative interim committee activities during the 2026 legislative interim (interim). Specifically, the act:Prohibits the legislative council of the general assembly from prioritizing any requests for interim committees, including task forces, for the 2026 interim;For an interim committee that meets during the 2026 interim, limits the number of acts the interim committee can request to be drafted to 5 and can recommend for introduction to 3;Prohibits members serving on statutorily created interim committees and state entities from receiving per diem and travel expenses for attending interim committee meetings during the 2026 interim;Prohibits meetings, field trips, and legislative recommendations and reports by, and suspends for one year certain reports required to be submitted to, existing interim committees, including the capital development committee; legislative oversight committee for Colorado jail standards; American Indian affairs interim committee; legislation inside advisory council review committee; Colorado health insurance exchange oversight committee; legislative oversight committee concerning the treatment of persons with behavioral health disorders in the criminal and juvenile justice systems; pension review commission and pension review subcommittee; legislative oversight committee concerning tax policy; and sales and use tax simplification task force;Prohibits meetings and other activities of the transportation legislation review committee and the water resources and agricultural review committee during the 2026-27 state fiscal year; andRepeals the legislative emergency preparedness, response, and recovery committee and the statewide health care review committee.     The act decreases the appropriations in House Bill 26-1333, concerning the payment of the expenses of the legislative department, for the 2026-27 state fiscal year for the legislative department as follows:The general fund appropriation for the general assembly is decreased by $183,699;The general fund appropriation for the legislative council is decreased by $161,162, and the related FTE is decreased by 1.9 FTE; andThe general fund appropriation for the committee on legal services is decreased by $108,336, and the related FTE is decreased by 1.4 FTE.(Note: This summary applies to this bill as enacted.)

Surveillance data is defined in the act as data that is obtained through observation, inference, or surveillance of consumers or workers and that is related to personal characteristics, online behaviors, or biometrics of an individual or group, band, class, or tier to which the individual belongs. The definition of 'worker' in the act excludes federal and state employees and employees of public entities.     The act prohibits discrimination against a consumer or worker resulting from the use of a price or wage setting algorithm (PWSA) that uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data, the output of which is a substantial factor in:Individualized price setting used to determine the amount charged to a consumer; orIndividualized wage setting used to determine the wage offered to a worker.     The act specifies activities that are not individualized price or wage setting, as well as exemptions from the prohibition on price or wage setting. A person has not engaged in individualized price setting if the person can demonstrate, as described in the act, that differential prices are:Based on differences in the cost in providing a good or service to different consumers, such as delivery distance or temporal differences, such as ride or delivery time;Based on publicly disclosed eligibility criteria to all persons that meet the criteria, such as consumers purchasing in volume, or to all members of a broadly defined group of consumers, such as teachers;Afforded on equal terms to all participants in a loyalty, membership, or rewards program or are offered in response to a consumer complaint, service disruption, request for account cancellation, or similar reason;Offered pursuant to a specified needs-based discount program for reduced pricing related to income or financial need, such as hospital discounted care;Based on a subscription or other continuous agreement that includes a monthly or other recurring price that was not informed by a PWSA; orBased on a refusal to extend credit on specific terms or to enter into a financial transaction based on a consumer's data in a consumer report or data required as part of the application for the financial transaction.     A person has not engaged in individualized wage setting if the person can demonstrate, as described in the act, that the person offers individualized wages based solely on data specific to an individual worker that is directly related to worker seniority or the tasks the worker was required to perform, and the person discloses to the worker before hiring, and to all workers whose wages are set in whole or in part by a PWSA, what data is considered and how the PWSA considers the data.     A person that uses a PWSA shall develop and publish reasonable procedures to ensure the accuracy of all data considered by the PWSA, for workers to request and receive information about what data is collected, and to correct or challenge data considered by a PWSA.     A violation of the prohibition against individualized price or wage setting is a deceptive trade practice under the 'Colorado Consumer Protection Act' and is subject to the enforcement provisions and remedies provided in that act.(Note: This summary applies to this bill as enacted.)

The act clarifies that a state permit to engage in the business of dealing in firearms (state permit) is required for a firearms dealer (dealer) to transfer firearms.     Under existing law, in order to be issued a state permit, a dealer must not have had a firearms dealer license or permit or a firearm possession permit revoked, suspended, or denied for good cause within 3 years before submitting a state permit application (prior license requirement) and must not have violated any state or federal law concerning the possession, purchase, or sale of firearms in the 3 years before applying for the state permit (prior violation requirement). The act clarifies that the prior license and prior violation requirements apply to an individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the dealer, known as a 'responsible person' of the dealer. The act makes the dealer training requirements apply to responsible persons who, in the course of their duties, handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms.     The act makes provisions related to a dealer's employees who handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms also apply to any individual, including an independent contractor, who performs an employee's duties, whether paid or unpaid.     The act permits the department of revenue (department) to fine a dealer up to $75,000 for a second or subsequent violation of certain dealer requirements committed on or after January 1, 2027. The department shall adopt rules concerning the imposition of fines.     Under existing state law, dealers are subject to record-keeping requirements involving pistols and revolvers sold, rented, or exchanged at retail. The act makes the record-keeping requirements apply to all retail transactions, including a transfer, involving a firearm other than a destructive device, clarifies that dealers may keep the records electronically, and prohibits the department and any other state agency from using information obtained from dealer records to create or maintain a registry identifying firearm ownership.     The act requires a dealer to secure large-capacity magazines in the dealer's possession. The department shall adopt rules requiring security measures for dealers' places of business, and a dealer shall submit a comprehensive security plan to the department that demonstrates the security measures that the dealer will implement to comply with the rules. Beginning October 1, 2027, a dealer must implement the security measures.     The act requires a dealer to report the theft or loss of a firearm to the department within 48 hours after learning of the theft or loss.(Note: This summary applies to this bill as enacted.)

The act authorizes the communication services for people with disabilities enterprise board (board), in consultation with the division for the deaf, hard of hearing, and deafblind (division), to enter into a contract with a third-party researcher on or before July 1, 2027, to study sign language interpretation services for the deaf, hard of hearing, and deafblind community in the state. If the board enters into a contract with a third-party researcher, the act establishes certain interview, data-collection, and comparative research requirements for the study and requires the third-party researcher to report its findings, conclusions, and recommendations to the board and the division on or before July 1, 2028.(Note: This summary applies to this bill as enacted.)

The act increases participation, representation, and support for individuals 55 years old or older in the Colorado workforce and in organizations related to employment and the workforce by:Beginning in 2027, requiring the state work force development council (council), the Colorado commission on the aging, and other entities to meet twice a year, collect data, and work collaboratively on issues related to individuals in the workforce who are 55 years old or older;Beginning in 2028, and each year thereafter, requiring the department of labor and employment and the department of human services to jointly submit a report compiling the data collected by the council, the Colorado commission on the aging, and other entities to the general assembly and requiring the department of labor and employment, during the department's annual 'SMART Act' hearings, to summarize the report to certain legislative committees; andRequiring that the council, the commission on higher education, and the advisory committee to the commission on higher education, or their successor entities, each have at least one member serving on their governing entity that is at least 55 years old and either is actively involved in or has interest, knowledge, or experience in advocating for the interests of individuals who are 55 years old or older as related to the functions of each entity.(Note: This summary applies to this bill as enacted.)

The act allows the division of fire prevention and control to seek, accept, and expend gifts, grants, or donations to implement the requirements of the firefighter behavioral health benefits program.(Note: This summary applies to this bill as enacted.)

In 2025, the general assembly authorized the department of the treasury (department) to sell insurance premium tax credits (tax credits) to insurance companies that incur state premium tax liability.     The act allows the department, following the department's application process for insurance companies to purchase tax credits from the department, to sell tax credits to other entities that contract with the department. An entity that contracts with the department to purchase tax credits may transfer the tax credits once to an insurance company. The insurance company is not permitted to further transfer the tax credits following the transfer to the insurance company.(Note: This summary applies to this bill as enacted.)