Rep. Rebekah Stewart

The act requires the state auditor to conduct or cause to be conducted performance audits (audits) of the air pollution control division in the department of public health and environment and the division of unemployment insurance in the department of labor and employment (divisions). The audits will determine whether each of the divisions effectively and efficiently performs and fulfills its statutory obligations. In addition, as part of the audits, the state auditor is required to: Determine whether a division complies with statute and its statutory purpose; Assess the impact of a division's processes on providing access to program benefits and, for the labor and employment division audit only, identify any division processes that may be unnecessary, unreasonable, or cause delays; Determine whether a division's staffing and funding levels are sufficient for it to efficiently and effectively perform its statutory duties and responsibilities, which, in for the air pollution control division audit only, must include assessment of how funding or staffing changes made at the state level might impact local governments; and Determine whether a division requested and was appropriated additional resources and whether the approval or denial of such a request impacted program implementation and timing of implementation. The initial audit of the air pollution control division must begin and be completed in calendar year 2026, with an additional audit occurring in calendar year 2031. The initial audit of the division of unemployment insurance must begin and be completed in calendar year 2027, with an additional audit occurring in calendar year 2032. Upon completion of an audit, the state auditor is required to submit a written audit report to the legislative audit committee. (Note: This summary applies to this bill as enacted.)

The act establishes visitation as a right for a person confined in a correctional facility (confined person). The department of corrections (department) may: Limit visitation for a confined person who is in restrictive housing or as a sanction following a conviction for a class 1 code of penal discipline violation; Reduce, but not eliminate, the number of visits available per week to a confined person as a result of an increase in the person's custody classification level; Temporarily deprive visitation as necessary for facility operations or for the safety of the facility, persons in the facility, and the general public; and Deny or cancel visitation for a confined person at any time as necessary to comply with requirements imposed by a court order, for victim safety, to prevent communication with a co-defendant, to preserve the integrity of a criminal investigation, to comply with treatment protocols, or for any other reason required by law. Video visits may supplement, but must not take the place of, in-person visits when in-person visits are permitted. If a confined person provides the department with reasonable notice that a requested visitation is for virtual attendance at a funeral or during or immediately following the birth of a child in the person's family, the act requires the department to make all reasonable efforts to allow the person to participate in the visitation via virtual attendance, or, if virtual attendance is not possible, via telephone. The department may adopt policies to govern visitations, including policies necessary to allow visitation as part of routine facility operations. The act states that it does not create a private right of action. The act permits a confined person to file a grievance with the department if the confined person alleges deprivation of visitation. The department is required to include information about visitation and grievances in its annual SMART Act hearing. (Note: This summary applies to this bill as enacted.)

The act prohibits residential rental agreements, in relation to a tenant's death, from requiring acceleration of rent beyond the end of the month or more than 10 business days after the dwelling unit is vacated after notice to the landlord of the tenant's death, whichever is later. Further, the act prohibits the enforcement of terms in rental agreements that authorize liquidated damages or other penalties if the rental agreement is terminated before the end of its term due to the death of a tenant. The act authorizes a landlord to take possession of the dwelling unit without filing an eviction action or otherwise obtaining a court order if the personal representative of the tenant's estate notifies the landlord of the surrender of the premises or,30 days after the death of the tenant, rent remains unpaid or substantially all of the tenant's property has been removed. In addition, a landlord may retain a security or damages deposit sufficient to cover costs of damages caused by the death of the tenant. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado sexual assault forensic medical evidence review board (board), consisting of the attorney general, or their designee, as board chair; the executive director of the Colorado district attorneys' council, or their designee; and various members appointed by the attorney general or the governor. The board's duties include reviewing and monitoring processes related to sexual assault response, making recommendations to improve sexual assault response, and submitting an annual report concerning its duties. The act creates a notification requirement under the "Victim Rights Act" that requires a law enforcement agency to notify a victim every 90 days when the law enforcement agency has not received the results of the forensic medical evidence DNA analysis from an accredited crime laboratory. The act requires an accredited crime laboratory to endeavor to analyze forensic medical evidence within 60 days after its receipt. The act expands public reporting requirements concerning forensic medical evidence and DNA evidence backlogs. For the 2025-26 state fiscal year, the act appropriates $112,365 from the general fund to the department of law for use by the administration division to implement the act. (Note: This summary applies to this bill as enacted.)

The healthy school meals for all program (program) reimburses participating school food authorities for meals that those authorities provide to students without charge. Section 2 of the act allows the amount of these reimbursements to be modified in 2 different scenarios. First, if a referred measure that would, in combination with the income tax deduction modification that was approved by the voters in connection with the program, result in the collection of at least $150 million for the income tax year commencing on January 1, 2026, is not approved by the voters voting on the referred measure at the 2025 statewide election, the department of education (department) is required to only provide reimbursements to participating school food authorities for meals served at eligible sites. Eligible sites are those that either: Qualify for the community eligibility provision program, as that program exists on November 15, 2025; or Are identified as eligible sites by the department based on the amount that the general assembly appropriates for the purpose of providing reimbursements to a participating school food authority for offering eligible meals without charge and the percentage of a site's student enrollment who are certified as eligible for free meals based on documentation of benefit receipt or categorical eligibility as described in federal rule, or any successor regulations. Second, if the department, in consultation with the office of state planning and budgeting, determines that the amount that the general assembly appropriated for the purpose of providing reimbursements to a participating school food authority is less than the costs of the department providing those reimbursements, the department may determine a prorated reimbursement amount for the reimbursements that the department provides through the program to each participating school food authority for the remainder of that budget year. Sections 4 and 6 limit the existing authority of the department, if the department determines that there is an insufficient amount of money in the healthy school meals for all program cash fund (fund) for the department to provide reimbursements to a participating school food authority for offering eligible meals without charge, to make an expenditure from the general fund to provide those reimbursements to state fiscal years commencing on or before July 1, 2024. Section 3 allows the general assembly to appropriate money from the state education fund to cover program costs for which there is not sufficient money in the fund, as it was required to do for state fiscal years 2024-25, for state fiscal year 2025-26. Section 4 requires the department, on January 15, 2027, in consultation with the office of state planning and budgeting, to report to the joint budget committee on whether there is a sufficient balance in the fund for: The state treasurer to transfer an amount from the fund to the state education fund equal to the total amount of expenditures from the state education fund for the program for state fiscal years 2022-23, 2023-24, 2024-25, and 2025-26 minus the amount of additional tax revenue deposited in the state education fund as a result of the increase in state income tax generated in connection with voter approval of the program for those same fiscal years; and The department to provide reimbursements to a participating school food authority for offering eligible meals without charge. Section 8 extends the local school food purchasing program indefinitely, so that the program extends beyond the 2024-25 school year. Section 9 similarly extends the required reporting on the local school food purchasing program. Section 11 decreases the appropriation for school meal reimbursements provided through the program from the general fund by $42,240,242 and increases the appropriation from the state education fund by $8,119,271 for the same purpose. (Note: This summary applies to this bill as enacted.)

The act requires the division of criminal justice in the department of public safety (division) to establish an automated protection order notification system (notification system) to provide a protected person, a protected person's immediate family, and other interested persons (registered users) with information related to a criminal or civil protection order. The notification system must disseminate specific information to registered users in English and Spanish through a telephone call, email, text message, or mobile phone application. The act authorizes the division to contract with a third-party entity to provide the functionality for the notification system. A public entity is immune from liability in any civil action based on its release of information or failure to release information related to the notification system. The act prohibits the division from establishing or operating the notification system until the division receives sufficient money to establish and operate the notification system for at least one year from gifts, grants, or donations, including federal funds, or money appropriated to the division from the Colorado crime victim services fund. (Note: This summary applies to this bill as enacted.)

The act defines "knowing misconduct" as a voluntary act or omission or series of acts or omissions consciously performed by a crime laboratory employee (employee) as a result of effort or determination in which the employee is aware that the employee's conduct is improper or deceptive and involves mishandling physical evidence or data or results, incorrectly performing forensic testing, presenting misleading or false results, concealing material information, or presenting false sworn testimony about evidence. The act defines a "significant event" as an act or omission by an employee that is a gross deviation from the standard operation procedures or accreditation requirements of the crime laboratory, or requirements in law that were applicable at the time of the act or omission of the employee, that could substantially negatively affect the integrity of the crime laboratory activities. The act requires an employee to report witnessed or discovered knowing misconduct or a significant event (collectively, "wrongful action") within 7 days of witnessing or discovering the wrongful action to the director of the crime laboratory (director) or to the employee's immediate supervisor, who shall report it to the director. A director who receives a report shall investigate the alleged wrongful action. As part of the investigation, the director must compile a list of all cases that the employee worked on. At the conclusion of the investigation, the director shall prepare a written final report. When an investigation is of alleged wrongful action in a pending case, the director shall notify each district attorney who has jurisdiction over the pending case about the investigation. At the conclusion of the investigation, if the investigation determines that the employee did not engage in wrongful action, the director shall deliver the final report to each district attorney who received notice of the investigation and to each district attorney who has jurisdiction over any case that was subject to investigation. If the investigation determines that the employee engaged in wrongful action, the director shall deliver the final report and all discoverable materials to each district attorney who has jurisdiction over any case that the employee worked on in an official capacity. If an investigation concerning wrongful action by a crime laboratory occurred after July 1, 2014, and before July 1, 2025, and the investigation resulted in criminal allegations filed against the employee or a sustained internal affairs action by the department supervising the employee, the director shall, as soon as practicable but no later than September 1, 2025, prepare a final report and provide the final report to all district attorneys with jurisdiction over any criminal case that is identified in the final report that is pending or has resulted in a conviction in that jurisdiction. Upon receipt of a notice from a director about an investigation into alleged wrongful action in a pending case, a district attorney shall notify the defendant in the case of the investigation. If the case involved a crime listed in the "Victim Rights Act", the district attorney shall also notify the victim about the alleged wrongful action, if the charges have been filed but the trial has not begun. A district attorney who receives a final report of an investigation that determines that a crime laboratory employee engaged in wrongful action in any case shall notify the defendant in that case, and each defendant whose case was reviewed as part of the investigation, of the determination of wrongful action. The act establishes a defendant's right to counsel in matters involving an employee's wrongful action and a right to investigate the wrongful action, to request discovery related to the wrongful action, and to seek post-conviction relief based on the wrongful action. The act permits a court to enter a protective order related to discovery requests. The act establishes a process for a defendant convicted in a case involving an employee's wrongful action to petition for post-conviction relief based on the wrongful action. If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that a wrongful action was material to the case, the court shall decide the claim upon the merits after an evidentiary hearing. At the evidentiary hearing, the defendant has the burden to show that the employee committed the wrongful action and that the wrongful action is material to the case. If the defendant meets their burden, the court shall vacate the defendant's conviction and grant a new trial. The act makes all records related to an investigation criminal justice records and makes release of the records governed by the existing law governing criminal justice records; except that the custodian of a final report that concludes that a crime laboratory employee engaged in wrongful action may deny inspection of the report if there is an ongoing criminal investigation or criminal case. The act appropriates $140,433 from the general fund to the judicial department for use by the state courts. (Note: This summary applies to this bill as enacted.)

The act establishes a process for a person to voluntarily waive the right to purchase a firearm (voluntary waiver). The Colorado bureau of investigation (bureau) in the department of public safety (department) shall deny a firearm transfer to the person while the voluntary waiver is in effect. The bureau shall develop an online portal (portal) for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver. The bureau is required to verify the filer's identity before accepting a voluntary waiver or revocation. The bureau shall enter a voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used to identify prohibited purchasers of firearms. A person may revoke the voluntary waiver by filing for revocation with the bureau. The waiver remains in effect for 30 days after the bureau accepts the revocation. A person filing the voluntary waiver form may provide the name and contact information of a person who will be contacted if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the filer revokes the voluntary waiver. The act prohibits a person from attempting to purchase a firearm while subject to a voluntary waiver. Attempting to purchase a firearm while subject to a voluntary waiver is a civil infraction, punishable by a maximum $25 fine. The voluntary waiver process and the prohibition on attempting to purchase a firearm while subject to a voluntary waiver are contingent on the department receiving $200,000 of gifts, grants, or donations to develop and operate the portal. The act permits the department to seek, accept, and expend gifts, grants, or donations for the portal. (Note: This summary applies to this bill as enacted.)

The act requires the office of gun violence prevention (office) in the department of public health and environment (department) to post the office's gun violence prevention materials (materials) in an accessible manner on the office's website for school districts, boards of cooperative services, district charter schools, institute charter schools, and the Colorado school for the deaf and the blind (local education providers) to access and distribute to parents, guardians, and legal custodians of elementary or secondary school students. The act requires each local education provider to: Provide the materials in a written or electronic format to students' parents, guardians, and legal custodians at the beginning of each school year; and Post the materials or a link to the materials on the local education provider's website. Beginning in January 2026, and in January every year thereafter, the department shall include in its "SMART Act" hearing information concerning the materials. (Note: This summary applies to this bill as enacted.)

The act requires the following regarding the application for a license to practice medicine in Colorado (application) and the questionnaire accompanying the form for a license renewal (questionnaire): The Colorado medical board (board) must consider the recommendations of the Federation of State Medical Boards and the requirements of the federal "Americans with Disabilities Act of 1990" when developing the application questions; The application and questionnaire must not require the disclosure of personal medical or health information that is not relevant to the applicant's ability to provide safe, competent, and ethical patient care at the time of application; The application and questionnaire must not include questions seeking information about past health-related conditions that do not impact an applicant's ability to practice safe, competent, and ethical patient care at the time of application; and The board shall include information in the application about the board's peer health assistance program, the applicant's ability to self-refer to the peer health assistance program at any time, and the applicant's ability to self-refer in lieu of disclosure to the board. The act clarifies that an individual subject to the licensing requirements of the "Colorado Medical Practice Act" is not required to disclose a physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder that no longer impacts the individual's ability to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients. Current law requires that if a health-care professional has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder. The act requires that a health-care professional must additionally provide notice of a substance use disorder and specifies that the health-care professional is required only to provide notice of a current physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder. (Note: This summary applies to this bill as enacted.)