Rep. Tammy Story

The act changes the requirement for an independent evaluation of the use of 'Colorado Reading to Ensure Academic Development Act' (READ Act) money from an annual requirement to a biennial requirement.     The act adds a requirement that the Colorado department of education post an annual report on its website that summarizes data from local education providers on their reading curricula; programs, services, and supports; and student progress and includes any department input on proposed program changes.     The act reduces the appropriation made in the annual general appropriation act for the 2026-27 state fiscal year to the department of education from the state education fund for the early literacy program external evaluation by $750,000.(Note: This summary applies to this bill as enacted.)

In current law, a person who is a member of the Colorado National Guard who is accepted for enrollment at a designated institution of higher education (member) has all their tuition costs waived. All tuition waiver costs are currently funded by the state from money in the Colorado National Guard tuition fund.     The act changes the funding mechanism of the Colorado National Guard tuition waiver program by requiring each designated institution of higher education to waive the remaining balance of a member's tuition cost in excess of the amount of any private, state, or federal financial assistance received. The act requires the department of military and veterans affairs to reimburse each institution for 50% of the cost of tuition waived by the institution and requires the general assembly to appropriate money to the Colorado National Guard tuition fund to cover the reimbursement.(Note: This summary applies to this bill as enacted.)

Current law requires most state agencies and institutions of higher education that receive an appropriation for capital construction to set aside an amount of money equal to the recorded depreciation of the capital asset that was acquired, repaired, improved, replaced, renovated, or constructed with the appropriation (annual depreciation-lease equivalent payment) to pay for the long-term maintenance costs of the capital asset. Currently, the money that state agencies or institutions of higher education set aside for maintenance costs is credited to the capitol complex renovation fund. The act repeals the annual depreciation-lease equivalent payment requirement.     Currently, the department of personnel uses the money in the capitol complex renovation fund (fund) for capital construction needs for existing state-owned buildings in the capitol complex. The act requires the state treasurer to transfer $15,263,000 from the fund to the general fund on June 30, 2026. The act also requires the state treasurer to transfer the remaining balance of the fund on June 30, 2027, to the general fund and then repeals the fund. In addition, the act repeals a reporting requirement in connection with the use of the money in the fund.     The act also repeals the capitol complex master plan implementation fund, including its ongoing transfers to the fund.     The act decreases multiple cash fund and general fund appropriations made in the annual general appropriation act for the 2026-27 state fiscal year to various state departments for annual depreciation-lease equivalent payments.(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.)

Beginning on or before July 1, 2028, the act extends certain application, accounting, and notice provisions already in place for federal survivor benefits awarded to a child or youth who is in foster care (child or youth) to federal supplemental security income benefits (SSI), which are monthly payments awarded to a child or youth with a disability and limited resources. The act adds requirements for a county department of human or social services (county department) to follow specified procedures for identifying a child or youth with a disability who may qualify for SSI and for documenting the disability. If the county department determines that a child or youth may be eligible to receive SSI, the county department is required to initiate the application process within 45 days after receiving certain information. If a child or youth is receiving SSI, the county department must document how the money is spent in the state's child welfare case management system.     If legal custody of a child or youth receiving SSI or federal survivor benefits is transferring from a county department to another individual, the act requires the county department to reassess the designation of the representative payee or fiduciary receiving and managing federal benefits on behalf of the child or youth. The reassessment must be performed in consultation with interested parties and in compliance with federal requirements.(Note: This summary applies to this bill as enacted.)

The act allows an injured person to bring a cause of action for claims of injury caused by sexual orientation or gender identity change efforts (efforts) against a licensed mental health professional and allows the cause of action to be commenced at any time without limitation.     Specifically, the act applies to a civil cause of action brought against a licensed mental health professional who seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome or eliminate or reduce sexual or romantic attractions or feelings toward individuals of a particular sex or gender.     The act permits the injured individual, or the individual's personal representative or estate if the individual is deceased, to recover economic, noneconomic, and exemplary damages, and any other damages deemed appropriate by the court.     A cause of action may be brought as a survival action within 5 years after the death of the person who underwent efforts.(Note: This summary applies to this bill as enacted.)

The act extends the availability of the conservation easement tax credit from income tax year 2031 through income tax year 2036. The act also prohibits the division of conservation from issuing any additional credit certificates or amending previously issued credit certificates as a result of the additional authority granted by the act for a donation made prior to the effective date of the act.(Note: This summary applies to this bill as enacted.)

The act allows child care centers for school-age children operated on school district, district charter school, or institute charter school property to satisfy requirements for staff training or minimum square footage of floor space per child by providing to the Colorado department of early childhood (CDEC) documented evidence of compliance with substantially similar requirements imposed by the Colorado department of education (CDE) unless CDE's requirements do not meet federal grants-in-aid requirements, in which case, CDEC shall require the child centers to meet federal grants-in-aid requirements.     The act adds a public health agency to the list of entities that CDEC shall accept certification from as satisfactory proof of valid certification of a playground facility.     The act directs CDEC to review the process regarding materials waivers and the process for undue hardship appeals at least annually.(Note: This summary applies to this bill as enacted.)

Section 2 of the act prohibits a person that is licensed by the Colorado limited gaming control commission (commission) to operate an internet sports betting operation (internet sports betting operator) from:Accepting more than 6 separate deposits from an individual in a gaming day; orInitiating or sending mobile device push notifications or text messages to account holders in the state soliciting bets or deposits.     Section 3:Prohibits a sports betting operation or its marketing affiliate from targeting, or creating advertising content that is clearly meant for, persons under 21 years old or from advertising on media for which the majority of the demographic audience is reasonably expected to be under 21 years old; andRequires an internet sports betting operator, on an annual basis, to provide to the division of gaming in the department of revenue (division) data and metrics related to the operator's sports betting operation for the preceding calendar year. The division must compile the data into a public report every 3 years starting on January 1, 2029.     Section 4 prohibits an internet sports betting operator from accepting deposits using a credit card in connection with the acceptance of a sports bet (prohibition). A violation of the prohibition constitutes a class 2 misdemeanor.     Section 5 allows the commission to assess a maximum penalty of $25,000 against a violator of the prohibition.     Section 6 requires that the amount of money annually transferred from the sports betting fund (fund) to the water plan implementation cash fund is no less than the amount transferred to the water plan implementation cash fund in the previous state fiscal year.     $124,623 is appropriated from the legal services cash fund to the department of law to provide legal services to the department of revenue in implementing the act. The appropriation is from revenue received from the department of revenue that is continuously appropriated to the department of revenue from the fund.(Note: This summary applies to this bill as enacted.)

The act modifies the 'Uniform Election Code of 1992' (code) as follows:Regarding elections generally, includes in the definition of 'identification' for purposes of the code a division of youth services identification card or written correspondence from a county sheriff to the county clerk indicating that an elector is confined in a county jail or detention facility; repeals the definition of 'political party district'; modifies the definition of 'video security surveillance recording' to include a system in which continuous recording is triggered when motion is detected; modifies the definition of 'watcher' to prohibit a person from being selected as a watcher if the person has been convicted of certain election offenses or of committing or conspiracy to commit certain federal offenses; if the governor declares a disaster emergency due to the inability to strictly comply with the code, allows the secretary of state (secretary) to adopt rules for the proper administration of an election and requires the governor to establish an election emergency advisory group to advise the secretary and the governor regarding emergency orders or rules necessary to ensure the proper administration of an election; allows the secretary to provide access to, rather than transmit a complete copy of, all pertinent, updated elections laws to each county clerk and recorder (clerk); and requires each clerk to set operational hours for the clerk's office;Regarding the qualification and registration of electors; specifies information that all institutions of higher education, rather than just state institutions of higher education, must provide to students via email or signs concerning voting, voter eligibility, and registration, and requires the secretary to adopt rules further specifying the form and content of the emails and signs; requires the clerk to make printed affidavit forms available to correct an error in the elector's affiliation recorded in the statewide database; requires the secretary to ensure preregistrants who are 17 years and 6 months old can access their voter registration information and update that information using the state's online voter registration system; requires the statewide voter registration system to support the integration and use of geographic information system data to improve the accuracy, consistency, and reliability of voter registration records; modifies the language concerning preregistration of high school students; specifies that the principal of a public high school or their designee who assists in preregistration and registration to vote are high school liaisons, rather than deputy registrars, and eliminates certain filing requirements for registration or preregistration to vote; modifies how a clerk verifies identifiers provided by an elector who registers to vote in another county or another state; prohibits a clerk from canceling the registration record of an elector with multiple registrations unless there is a match in the county's registration records and the statewide voter registration database with respect to certain identifiers of the elector; and makes the secretary, rather than the clerk, responsible for canceling certain registrations pursuant to existing law, while still allowing the secretary to request assistance from the clerks;Regarding presidential electors, specifies that if a presidential or vice-presidential candidate dies or withdraws as a candidate after accepting the nomination of a political party but prior to the meeting of presidential electors, an elector's vote for the presidential candidate or vice-presidential candidate refers to the successor candidate nominated by the political party and clarifies that such vote is not a vote for a false slate of presidential electors;Regarding congressional vacancy elections, modifies notice, preparation, and conduct of elections; requires elections to be concurrent with a primary or coordinated election if the vacancy occurs between 150 and 90 days of such election; requires elections to be conducted according to provisions for general elections; modifies candidate nomination deadlines; clarifies the manner of nomination for an unaffiliated candidate; and specifies the arrangement of names on the ballot;Regarding access to the ballot by candidates, specifies the offices for which a candidate must fully meet the qualifications of the office and expands factors the secretary may consider in determining the qualifications to hold office to include other objective, verifiable requirements such as age, birth place, term limits, and political affiliation; repeals the ability for certificates of designation by assembly to be transmitted to the secretary by fax; specifies deadlines by which major and minor political parties must fill vacancies in their party nominations and by which vacancies in unaffiliated designations or nominations must be filled prior to a primary election and a general election, and clarifies that failure to fill a vacancy in nomination by such deadline results in that vacancy nomination remaining unfilled for that election; eliminates requirement for electors to include their county when signing a petition to nominate a candidate; allows a congressional vacancy election to be presented on the same ballot used in a presidential primary election if the elections are held on the same day; modifies the timeline for nomination of minor political party candidates; and maintains the requirement that a person file a written acceptance of nomination but eliminates the specification that the acceptance be provided by mail, fax, or hand delivery;Regarding notice and preparation of elections, clarifies that a voter service and polling center (VSPC) that experiences a shortage of supplies, including ballots, shall not close and may be required to remain open longer on election day; requires that each drop box must accept mail ballots for the 22-day period, rather than the 15-day period, prior to the day of an election; reduces the required period that a VSPC on a campus with 10,000 or more students must be open from 15 days to 10 days before an election; specifies that, in addition to existing designation by sign requirements, a VSPC on the campus of an institution of higher education must be identified and described in signs conspicuously posted at the student center and in an email sent to all enrolled students; repeals the requirement that the secretary deliver the certification of the ballot order and content to the clerk by registered mail; repeals a provision for the arrangement of names on ballots to be established by lot; adds an additional trigger for the secretary to notify clerks of the requirement to provide minority language sample ballots and in-person minority language ballots based on the release of data collected pursuant to section 203 of the federal 'Voting Rights Act of 1965' by the federal government; repeals a provision regarding the adoption and payment for voting machines; and requires the clerk of any county with 1,000 or more active electors to adopt an electronic or electromechanical voting system for use in all elections conducted by the county under the code and requires the clerk to oversee the management of such voting systems subject to the rules of the secretary; Regarding election judges, changes the age eligibility requirements for a student election judge from 16 to 15 and expands the methods for notice and acceptance of an election judge appointment;Regarding the conduct of elections, repeals the requirement that an election judge proclaim the polls are open or will be closed in 30 minutes on election day; modifies the 2-hour period that eligible electors are entitled to be absent from work to vote from only on election day to any day when VSPCs are open and specifies that an employer may deny this leave if the elector has 3 or more consecutive hours off the job while the polls are open; allows an elector to take printed or written materials of their choice into a VSPC as a resource for voting; creates new reporting requirements for counties with one or more VSPCs experiencing a wait time in excess of one hour, which wait time must be measured and recorded in accordance with rules adopted by the secretary and creates a requirement for a reporting county to include certain additional information in its next proposed election plan; repeals and reenacts, with changes, the required method of counting paper ballots by hand, requiring a team of 4 judges, audible reading of each ballot, and 2 separate accountings to be kept and compared and regular intervals, in accordance with any rules adopted by the secretary; recognizes that, in addition to a software or hardware malfunction, other significant issues may make counting ballots with electronic vote-tabulating equipment impracticable; and prohibits a designated election official from transferring custody or control of election records to a third party unless the transfer is authorized or required by the secretary of a court of competent jurisdiction;Regarding mail ballot elections, modifies the timeline for submission and approval of proposed election plans; allows the secretary to request modification of an election plan; requires the secretary to release no later than August 1 for each clerk's submitted election plan, specified information for each VSPC and each ballot drop-off location in the county for that election; modifies mail ballot delivery times; changes the enrolled-student threshold at an institution of higher education from 2,000 to 1,000 for purposes of requiring a drop box on campus and requires a drop box on the campus of private institutions of higher education in addition to state institutions; requires a clerk who fails to send a signature verification form within the 2-day deadline to send the signature verification by overnight mail or hand delivery; and requires a minimum number of hours for in-person voting at a county jail or detention center based on the number of beds available;Regarding challenges to registration, repeals and reenacts, with amendments, the process for a registered elector to protest the registration of another person, requires a $50 fee for each protest that is refunded if the protest is successful, and specifies the reasons that a protest may challenge a person's registration as incorrect;Regarding vacancies in office, in the case of a vacancy in the office of United States senator, requires the governor to appoint a person who is a member of the same political party as the former United States senator to fill a vacancy in that office; clarifies that a person appointed to fill a vacancy in a county office other than county commissioner serves only until the next general election, at which time the remainder of the vacant term, if any, is filled by election; and specifies that a county commissioner or general assembly vacancy may be filled at the next coordinated or general election; andRegarding election offenses, clarifies the offense of voter interference occurs when a person interferes with a voter within 100 feet of any building in which a polling or drop-off location is located or within 100 feet of a drop box; specifies that the offense of voter intimidation applies to any elector who is delivering up to 10 mail ballots to a drop box or drop-off-location; clarifies that the exemption for peace officers from the law prohibiting a person from carrying a firearm at a polling location does not apply if the firearm is used to intimidate electors; clarifies that offenses involving a false slate of presidential electors extends to lists of electors voting and votes for candidates for president and vice president of the United States, or their successors; and modifies enforcement and relief provisions in the case of a suit for election-related intimidation.     In addition, the act:Modifies the law regarding initiatives and referendums to eliminate the requirement for an elector to include their county of residence as part of their signature on an initiative or referendum petition; extends the secretary's period for examination and validation of signatures on a petition from 30 to 60 days; and extends the secretary's period to issue a statement as to whether a petition has sufficient valid signatures from 30 to 60 days after the petition was filed; Modifies the definition of 'disaster' for the purpose of the 'Colorado Disaster Emergency Act' to include the occurrence or imminent threat of the inability to strictly comply with the code due to any natural cause or cause of human origin;Amends the 'Colorado Open Records Act' to specify that a designated election official is not required to cover or redact from a ballot any markings or messages voluntarily made by an elector; andSpecifies that oaths or affirmations for public office filed with the clerk are exempt from certain fees imposed by law.     The act takes effect upon passage, except that the provisions regarding the time frame for mailing a mail ballot packet take effect July 1, 2026.     For the 2026-27 state fiscal year, the act appropriates $10,000 from the department of state cash fund to the department of state for the implementation of the act.(Note: This summary applies to this bill as enacted.)