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.)
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The water quality control division (division) administers a program to test for and remediate water quality issues for mobile home parks (program). The program tests for water quality issues that pose a risk to not only health or safety but also the welfare of park residents. The act authorizes the division to require remediation of welfare-related water quality violations. One of the requirements of the program is for the park owner to certify that the park owner has made certain water-quality-related notices to park residents. The act authorizes the division to issue an order requiring the park owner to comply with the park resident notice certification requirement. Under the program, the park owner is prohibited from imposing the cost of compliance with certain remediation-related requirements on park residents. The act authorizes a park owner who is also a park resident to bear this cost. The program authorizes the division to issue orders requiring the park owner to perform additional water testing, perform temporary measures necessary to address acute health risks, make additional reports to the division, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan. The act clarifies that a park owner may ask for a hearing only regarding the orders that concern remediation plans. The act also clarifies that:The division has authority to enforce the requirements of the program; andThe division has authority to issue cease-and-desist orders to address violations related to the program, regardless of whether the issues are related to water quality violations. The act also provides that:An additional monthly penalty of up to $5,000 for a continuing violation may be imposed for the first 30 days of noncompliance; andA park owner is not entitled to an administrative hearing to contest an imposed civil penalty but may seek judicial review.(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.
The act creates new requirements and civil remedies beginning June 1, 2027, related to individuals under 18 years old (minors) who are featured in compensated content on online hosting platforms (online content). A minor is considered to be engaged in content creation work if, over a 12-month period, the following 3 criteria are met:At least 30% of a content creator's online content produced within a 30-day period includes the minor's likeness, name, or photograph;The number of views of the online content meets the online hosting platform's compensation threshold or the content creator receives $0.10 or more per view, including compensation from sponsorships; andThe content creator receives at least $40,000 in actual compensation from the online content. Content creators whose online content features a minor engaged in content creation work must maintain specific records, including:Proof of the minor's age;The total compensation generated; andThe total number of minutes the minor was featured in posts featuring online content. A content creator shall compensate a minor engaged in content creation work by setting aside a portion of the gross earnings into a trust account for the minor until the minor reaches the age of majority or is declared emancipated. A court may distribute money from the trust account to the minor before the minor reaches the age of majority or is declared emancipated upon petition from the trustee and a finding that the money will only be used for specific expenses that solely benefit the minor. An adult or an emancipated minor who was featured as a uniquely identifiable minor in a content creator's post featuring online content on or after June 1, 2027, may request that the content creator delete the post or remove the uniquely identifiable information. The content creator must comply with the request within 72 hours. If the content creator fails to comply after 30 days, the individual may sue for various types of relief, and the online hosting platform must review and take reasonable steps to remove the content unless certain exceptions apply. The act prohibits a person from financially benefiting from knowingly producing or distributing online content of a minor with the intent to sexually gratify or elicit a sexual response in the viewer. Exceptions apply for law enforcement, reporting unlawful activity, legal proceedings, and certain actions engaged in by online hosting platforms. Online hosting platforms are required to develop and implement a risk-based strategy to help mitigate risks related to the monetization of the intentional sexualization of known minors. A civil action may be filed on behalf of a minor for damages, including actual damages, punitive damages, and attorney fees, if a content creator fails to comply with specified provisions of the act.(Note: This summary applies to this bill as enacted.)
Under current law, a local education provider is required to ensure that a preschool or kindergarten student receives an individualized readiness plan (plan). The act makes it optional for local education providers to provide plans to students who demonstrate proficiency on specified assessment domains and the kindergarten reading assessment, unless the student's parent requests a plan. Under current law, a local education provider is required to annually provide information concerning assessments to students' parents. The act requires this written notice to include:The results of the student's specified assessment domains and kindergarten reading assessment;If applicable, information explaining that because of the student's assessment results, the local education provider is not required, and does not intend, to provide a plan for the student; andLanguage indicating that the student's parent may request a plan. Under current law, the department of education is required to submit an annual report to the education committees of the house of representatives and the senate concerning specified educational accountability requirements. One of the reporting requirements concerns the level of school readiness demonstrated by students enrolled in kindergarten. The act requires the department to report this information on a statewide basis and to disaggregate the information based on specific characteristics.(Note: This summary applies to this bill as enacted.)
The act requires the state board of veterinary medicine (board) to review and update the existing process by which an individual who has a license to practice veterinary medicine in another state may be licensed by endorsement to practice veterinary medicine in Colorado. The board shall adopt rules with the intent to expedite the licensure by endorsement process, including eliminating duplicative requirements and streamlining the pathway to licensure. The act clarifies that a veterinarian who administers, dispenses, distributes, or prescribes medicine to a patient in an emergency situation is not acting as a pharmacist or conducting the practice of pharmacy, and, as such, is not subject to discipline by the state board of pharmacy. The act relocates certain provisions specific to the practice of veterinary medicine from regulation by the state board of pharmacy to regulation under Colorado's veterinary practice act. Under current law, the board must approve a credentialing organization for the purpose of credentialing veterinary technicians, which credentialing organization must require the completion of an American Veterinary Medical Association accredited program for veterinary technicians. The act updates the requirement to require the completion of an accredited program for veterinary technicians offered by other associations. The act also establishes a veterinary prescription drug donation program. An owner of an animal may donate unused veterinary drugs that have been prescribed to the owner to a licensed veterinarian or an animal shelter. A licensed veterinarian may use any drugs accepted through donation if the veterinarian and drugs meet certain conditions.(Note: This summary applies to this bill as enacted.)
The bill prohibits a government entity from accessing a database that reveals an individual's or a vehicle's historical location information, subject to certain exceptions. The bill prohibits a government entity from sharing historical location information with third parties or government agencies outside their jurisdiction, subject to certain exceptions, and makes historical location information not a public record for the purposes of the "Colorado Open Records Act".The bill requires a government entity that collects historical location information to adopt a policy to maintain compliance with the provisions of the regulatory scheme.An enforcement action is created for the attorney general to enforce the provisions of the bill. Historical location information obtained in violation of the prohibitions of the bill are inadmissible in trial.(Note: This summary applies to this bill as introduced.)
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.)
If a mental health provider, substance use disorder provider, or psychiatric nurse (provider) has not submitted a claim for a period of at least 12 months, the act requires a commercial insurance carrier (carrier) to contact the provider to confirm the provider's participation in the carrier's provider network and to determine whether the provider is accepting new patients. The act includes mental health providers, substance use disorder providers, and psychiatric nurses as providers who may participate in a carrier's provider network. The act requires carriers to admit prelicensed providers into the carrier's network and to reimburse prelicensed providers for services rendered when provided under the supervision of a mental health provider, substance use disorder provider, or psychiatric nurse. The act requires a clinical social worker to complete 3,000 hours of practice prior to licensure.(Note: This summary applies to this bill as enacted.)