Rep. Lorena García

Section 1 of the act requires, in addition to othr existing uses, that interest and income earned on the investment of the money in the public school fund to be used to pay for the costs of administering a newly created shared equity down payment assistance program. Section 2 requires at least one member of the public school fund investment board (board) to have expertise in community investments, requires the board to direct the state treasurer to securely invest money deposited in the public school fund in a manner that prioritizes specified new investment objectives, and authorizes the board to enter into contracts with investment advisors or other investment professionals to provide advice on community investments. Section 3 extends the time frame under which the state treasurer may make up a loss of principal to the public school fund by taking actions which lead to gains in the fund from 18 to 24 months. Section 4 creates a new community investment portfolio (portfolio) within the public school fund, and requires the state treasurer to invest at least 20% of the public school fund's value into the community investment portfolio by July 1, 2032. Money in the portfolio must be invested in community investments, and allowable community investments include: Bonds issued by Colorado school districts and charter schools; Certificates of participation issued by Colorado school districts and charter schools; Mortgage pass-through securities and collateralized mortgage obligations secured by residential real estate, the majority of which is owned by public school employees; Loans to the Colorado middle income housing authority for a revolving loan fund that funds rental housing developments that include preferences for public school employees; Bonds issued by the middle income housing authority that fund rental housing developments which include preferences for public school employees; Bonds or mortgage-backed securities issued by the Colorado housing and finance authority that fund rental housing developments that include preferences for public school employees or mortgages secured by residential real estate, the majority of which is owned by public school employees; Mortgage revenue bonds that support public school employee mortgages with interest rates of 3% or less; Loans to community development financial institutions or nonprofits with a history of providing affordable home ownership financing that fund: Housing that includes preferences for public school employees; or Low-interest mortgages secured by residential real estate that is owned by public school employees; Down payment shared appreciation products secured by residential real estate that is owned by public school employees; and Other investments that support public purpose of the portfolio. The educator first home ownership program (program) is created within the portfolio. Subject to a specified limitation, the treasurer shall invest the following amounts in the program by the following dates: By July 1, 2028, the greater of 6% of the fund's value or $100 million; and By July 1, 2030, the greater of 12% of the fund's value or $200 million. The treasurer shall aim to invest a target of 75% of the money in the program into the shared equity down payment assistance program for public school employees. The shared equity down payment assistance program must be established by July 1, 2026. Once the shared equity down payment assistance program is established: The public school fund investment board shall purchase from the program manager the mortgage products created through the shared equity down payment assistance program; and The public school investment board may provide notice of any discontinuation of future investments that the program manager has not already committed to the shared equity down payment assistance program, which notice must be provided at least 6 months prior to discontinuation. The treasurer shall aim to invest a target of 25% of the money in the program into allowable community investments. The program manager shall establish underwriting criteria and other guidelines for the shared equity down payment assistance program so that the shared equity down payment assistance program: Prioritizes first-time home buyers that use the home as a primary residence; Provides shared equity down payment assistance to public school employees and aims to help as many public school employees as possible achieve affordable home ownership; and Allows appreciation-sharing between the shared equity down payment assistance program and the borrower. Unless investments in the shared equity down payment assistance program have been discontinued and there is no fund money invested in the shared equity down payment assistance program, the program administrator shall present an annual report to the board on program outcomes. For the 2025-26 state fiscal year, section 5 appropriates $375,900 from interest or income earned on the investment of the money in the public school fund to the department of the treasury. (Note: This summary applies to this bill as enacted.)

The act implements and describes the operation of the pediatric primary care practice program (primary care program) in the department of early childhood (department). The purpose of the primary care program is to provide funding and support to a pediatric primary care medical practice (medical practice) to integrate into the medical practice a professional who specializes in whole-child and whole-family health and well-being. The department shall contract with an implementation partner (primary care partner) to implement, operate, and administer the primary care program. The primary care partner shall create and implement a team-based, research-informed pediatric primary care practice evidence-based model (evidence-based model). The evidence-based model must be a comprehensive approach to guide pediatric care medical practices to deliver services to children from birth to 3 years of age and their families. The primary care partner shall: Establish an application and selection process with the department for select medical practices to participate in the primary care program; Review applications from medical practices and select applicants to participate in the primary care program; Work with selected applicants to complete assessments on the applicants' community health-care systems, health and well-being practices, and related concerns; and Train and support the medical practices selected to participate in the primary care program to maintain fidelity to the evidence-based model. The executive director of the department may adopt rules to carry out the purposes of the primary care program. (Note: This summary applies to this bill as enacted.)

Current law states that rules adopted by the marijuana enforcement division (division) may include certain subjects. The act states that: Rules concerning record keeping may include certain information and must include certain other information; and The rules may require medical marijuana products manufacturers or retail marijuana products manufacturers to use an approved licensed premises and approved equipment to manufacture and prepare products not infused with regulated marijuana for the purpose of quality control and research and development in the formulation of regulated marijuana products. If a license holder is required to maintain books and records in the seed-to-sale inventory tracking system, the license holder need not maintain duplicate copies of the books and records. If a license holder violates regulatory requirements, the division may require the license holder to maintain additional records. The act states that the division may adopt rules concerning identification cards for controlling beneficial owners, passive beneficial owners, or individuals who handle or transport regulated marijuana on behalf of license holders. Current law requires all applicants for an employee identification card to obtain a fingerprint-based criminal history check. The act requires only controlling beneficial owners and passive beneficial owners to obtain a fingerprint-based criminal history record check, and other employees must merely obtain a name-based judicial record check. The act requires that rules adopted by the division concerning video recording requirements must include rules to address specific aspects of such surveillance. The act authorizes the division to notify license holders by digital communication of their license expiration date. Current law authorizes marijuana cultivation facilities and marijuana products manufacturers to provide research and development units (R-and-D units) to managers and sets standards for the practice. The act reforms these standards with regard to labeling, testing, packaging, and tracking. The act also prohibits a facility or manufacturer from committing certain acts involving R-and-D units and requires the division to adopt rules concerning the issuance of R-and-D units to occupational licensees. The act repeals provisions that prohibit a person from: Having a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license that was not disclosed; Having day-to-day operational control over the business if the person isn't a Colorado resident; and Engaging in transfer of ownership without prior approval. The act authorizes the division to set and collect a fee to fulfill requests for copies of a license application. Current law requires a person that accepts a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person for a medical marijuana business to notify the state and local licensing authorities of the appointment and apply for a finding of suitability. Current law also prohibits a person from possessing, operating, managing, or controlling a medical marijuana business on behalf of another except by court appointment . The act applies these laws to retail marijuana businesses. The act provides that on July 1, 2025, and July 1, 2026, the state treasurer will transfer $300,000 from the general fund to the marijuana entrepreneur fund. The appropriation to the division from the marijuana cash fund in the annual general appropriation act for the 2025-26 state fiscal year is decreased by $25,883 if certain conditions apply. The appropriation to the Colorado bureau of investigation from the Colorado bureau of investigation identification unit fund made in the annual general appropriation act for the 2025-26 state fiscal year is decreased by $252,645 if certain conditions apply. (Note: This summary applies to this bill as enacted.)

The act creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: Reinstatement; Back pay with interest; Any other equitable relief the court deems appropriate; Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and Reasonable attorney fees and costs. The act creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years. The act does not apply to an employee who provides false information or who does not follow internal reporting and administrative procedures related to whistleblower conduct. All law enforcement agencies shall provide a training to employees or a workplace posting, or both, regarding the requirements of the act. (Note: This summary applies to this bill as enacted.)

The act amends and makes additions to existing law concerning security deposits that tenants submit to landlords and the conditions under which a landlord may retain all or part of a security deposit. For the purposes of security deposits, the act expands the definition of "normal wear and tear". Under current law, a landlord may not retain a security deposit to cover normal wear and tear and, if actual cause exists for retaining any portion of a security deposit, the landlord must provide the tenant: A written statement listing the exact reasons for the retention (written statement); and The difference between any sum deposited and the amount retained. The act states that a landlord may not retain a security deposit to cover any damage or defective condition that preexisted the tenancy and, if the landlord delivers the written statement within fourteen days after a written request by the tenant, the landlord must also deliver any relevant documentation in the landlord's possession or control. Upon a landlord's or tenant's request, if reasonable and practicable, the act requires a landlord and tenant to conduct a walk-through inspection, either in person or via a telecommunication-assisted interactive walk-through, of the dwelling unit to identify in writing any damage or defective conditions that are beyond normal wear and tear and that did not preexist the tenancy. The landlord must provide a walk-through inspection at a time that is mutually convenient to the parties, before the termination of the lease or the surrender of the premises, and after the tenant has had the opportunity to remove furniture. A landlord wrongfully withholds a security deposit or any portion of it if the landlord: Fails to timely provide the written statement and any required documentation; Provides a written statement that fails to list the exact reasons for retaining any portion of the security deposit; Fails to timely return the difference between any sum deposited and the amount retained; or Retains a security deposit or any portion of it in bad faith. A landlord retains a security deposit or any portion of it in bad faith if the amount retained: Unreasonably exceeds the amount of actual damages; Is retained without actual cause; Is an amount the landlord knew or should have known exceeded the actual damages; or Is retained solely or in part for an unlawful, retaliatory, or discriminatory purpose. A landlord is presumed to have retained an unreasonable amount of a security deposit if the amount retained is 125% or greater than the amount of the actual damages. In any court action brought by a tenant under the act, the landlord bears the burden of proving the amount of actual damages the landlord incurred. Under current law, upon cessation of a landlord's interest in a dwelling unit, the person in possession of a tenant's security deposit must either transfer the security deposit to the landlord's successor in interest or return the security deposit to the tenant within a reasonable time. The act states that this must be done within 60 days after cessation of the landlord's interest in the dwelling unit. If a landlord's payment refunding a tenant's security deposit or any portion of it is returned to the landlord, the landlord must hold the payment for at least one year after receiving it and must disburse the payment to the tenant within 15 calendar days upon the tenant's request. A landlord does not have actual cause to retain any amount from a security deposit for the replacement of carpet or painting unless there is substantial and irreparable damage to the carpet, or substantial damage to the paint, that exceeds normal wear and tear and did not preexist the tenancy. If a landlord has actual cause, the landlord may retain only the minimum amount necessary to replace the carpet or to repaint in the area that is damaged. A landlord may not deem carpet substantially and irreparably damaged if it has not been replaced with new carpet within the 10 years preceding the termination of the lease or surrender of the premises. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)

The act requires a school district, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (local education provider) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the local education provider undertakes HVAC infrastructure improvements using money from the "Infrastructure Investment and Jobs Act" cash fund. The requirements established in the act concern: Ventilation verification assessments, which include assessments of an HVAC system's filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, and operational controls ; The preparation of HVAC assessment reports; The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements, suggest pathways to reduce emissions, and estimate associated costs; HVAC adjustments, repairs, upgrades, and replacements; and The preparation of HVAC verification reports, which must be maintained for at least 5 years and made available to the public upon request. The act establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the act. A local education provider that undertakes HVAC infrastructure improvements using money from the "Infrastructure Investment and Jobs Act" cash fund must do so using only contractors on the certified contractor list established by the department of labor and employment, unless the local education provider determines that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. (Note: This summary applies to this bill as enacted.)

The act requires the executive director of the department of revenue to allow a sales and use tax license and a sales and use tax exemption certificate to be searchable by the name and identification number of the sales and use tax licensee or the sales and use tax exemption certificate holder. (Note: This summary applies to this bill as enacted.)

The act amends the definition of a "portable tenant screening report" (screening report) to specify that a prospective tenant using a housing subsidy is not required to include a credit history report, a credit score, or an adverse credit event with the tenant's screening report. The act also repeals language allowing a landlord to require a tenant to make a screening report directly available to the landlord through a consumer reporting agency or third-party website. (Note: This summary applies to this bill as enacted.)

On or before September 1, 2025, the act requires the office of school safety (office) to convene and oversee a work group to develop best practices for the use of trauma-informed practices to conduct school safety drills. The act requires the work group to convene its first meeting no later than 56 days after the office receives $50,000 of gifts, grants, or donations for the purpose of the work group or receives an in-kind donation with a value of $50,000 as part of a public-private partnership agreement. No later than one year and one month after the office receives $50,000 of gifts, grants, or donations or receives an in-kind donation with a value of $50,000, the act requires the work group to develop recommendations to support schools in training school personnel on the use of trauma-informed practices in conducting school safety drills, how to best conduct school safety drills in a trauma-informed manner, and how to best respond to a school safety incident. The act requires that the work group be entirely funded by gifts, grants, and donations, including in-kind donations as part of a public-private partnership agreement. If by June 30, 2027, the work group has not received $50,000 in gifts, grants, or donations or an in-kind donation with a value of $50,000 as part of a public-private partnership agreement, the state treasurer must transfer any money received for purposes of the work group to the state education fund. (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.)