Rep. Lorena García

The act requires hospitals, freestanding emergency departments, and licensed health-care facilities that hold themselves out to the public as providing emergency care (facility) to provide emergency medical services to a person who presents to the facility when the person requests or a request is made on the person's behalf for emergency medical services. For each person who presents to a facility and requests emergency medical services or for each request made on the person's behalf for emergency medical services, the act requires the facility to input into a central log whether the person refused treatment or was denied treatment; whether no treatment was required; or whether the person was transferred, admitted and treated, stabilized and transferred, or discharged. The act prohibits a facility from: Denying or discriminating in providing emergency medical services to a patient for a discriminatory or unlawful reason; Penalizing or taking adverse action against a health-care provider for refusing to transfer a patient with an emergency medical condition that has not been stabilized; Delaying providing emergency medical services to a person in order to inquire about the person's ability to pay for the services; and Transferring or discharging a patient with an emergency medical condition unless certain conditions are met. A facility or health-care provider does not violate the act's requirements if certain conditions are met. The act authorizes the department of public health and environment to investigate a facility that negligently violates the requirements of the act. A physician who negligently violates the act engages in unprofessional conduct and is subject to professional discipline. If a civil monetary penalty is imposed, the act requires the maximum civil monetary penalty to be reduced by any civil monetary penalty imposed pursuant to the federal "Emergency Medical Treatment and Active Labor Act" for the same violation. The act appropriates $82,768 from the health facilities general licensure cash fund to the department of public health and environment for use by the health facilities and emergency medical services division. (Note: This summary applies to this bill as enacted.)

Currently, the controller is required to adopt fiscal rules requiring the state to make disbursements in the payment of any liability incurred on behalf of the executive branch of the state within 45 days of receiving a correct notice that this liability was incurred. The bill modifies this requirement so that either a correct notice of the state's liability or a demonstration of a good faith effort to provide a correct notice of the state's liability initiates the 45-day period. A state agency that awards a grant generally requires the grant recipient to access the grant amount awarded by applying for the reimbursement of costs incurred in completing the activity for which the state agency awarded the grant. The bill directs the controller to adopt fiscal rules requiring a state agency to award a nonprofit organization a retainer when entering into a contract with or awarding a grant to a nonprofit organization. The retainer amount must equal at least 35% of the grant amount or 35% of the amount to be disbursed by the state to the nonprofit organization in the first year of a contract between the state and the nonprofit organization. A nonprofit organization is required to spend the retainer amount within a year of the state awarding the grant to or entering into the contract with the nonprofit organization. A nonprofit organization may only expend a retainer on expenses the nonprofit organization incurs in connection with the relevant grant or contract. The bill also requires a nonprofit organization that receives disbursements from the state to provide the following information to the controller and requires the controller to make that information available upon request: The ethnicity of the nonprofit organization's leadership; The business structure of the nonprofit organization; and Whether the nonprofit organization has previously received a disbursement from the state.(Note: This summary applies to this bill as introduced.)

Under current law, the air quality control commission is tasked with developing an effective air quality control program (program), including adopting rules necessary to carry out the program. The bill requires a person that owns, leases, operates, controls, or supervises (owner or operator) a building, structure, facility, or installation that emits or may emit an air pollutant (stationary source) to maintain records that will help the public determine whether the owner or operator is in compliance with rules establishing applicable air quality control regulations (records). The bill requires an owner or operator of a stationary source to make the records publicly available and accessible through a link on the owner or operator's public website. The department of public health and environment is required to include a link on its website directing members of the public to the website of an owner or operator where the records are available. (Note: This summary applies to this bill as introduced.)

The state board of land commissioners (state board) serves as the trustee for lands granted to the state in public trust for the support of public schools (state trust lands). The state board is responsible for the management and protection of the state trust lands, including by protecting and enhancing the natural features, open space, and wildlife habitat of the state trust lands. The act requires various appointing authorities to appoint members to a state trust lands conservation and recreation work group (work group) to study opportunities to advance conservation and recreation activities on state trust lands as part of the state board's long-term stewardship of the state trust lands while maintaining the state board's fiduciary responsibilities regarding its management of the state trust lands. On or before September 1, 2026, the work group is required to make recommendations to the state board, the governor, the committees of the general assembly with jurisdiction over natural resources matters, and the executive director of the department of natural resources (department) based on the study. On or before February 15, 2027, the state board must take into consideration the work group's recommendations and adopt an administrative policy or rules to establish: A process governing the implementation of conservation leases and related instruments on state trust lands; A process to substantiate how the state board balances revenue generation with conserving the long-term value of state trust lands; A schedule to review and update by December 2028, if necessary, all existing stewardship trust management plans or other applicable plans; and Any other policies or rules the state board deems necessary to implement section 10 of article IX of the state constitution. For the 2025-26 state fiscal year, the act appropriates $393,506 from the state land board trust administration fund to the department for use by the state board. (Note: This summary applies to this bill as enacted.)

No later than January 1, 2026, the act requires the department of human services to submit an application to the United States department of agriculture food and nutrition service to implement a restaurant meals program that allows eligible supplemental nutrition assistance program recipients to purchase hot or prepared foods at participating restaurants. (Note: This summary applies to this bill as enacted.)

The act requires the department of transportation (department), no later than July 1, 2026, and in coordination with local governments and transit agencies, to create a transit and active transportation project inventory that identifies gaps in transit, bicycle, and pedestrian infrastructure and access on state highways and rights-of-way that are controlled and maintained by the department. No later than July 1, 2026, metropolitan planning organizations must create a transit and active transportation project inventory that identifies gaps in transit, bicycle, and pedestrian infrastructure and access within the network of regionally significant roadways and rights-of-way that are typically subject to planning and programming by the metropolitan planning organization. No later than October 31, 2026, the department and the metropolitan planning organizations must present a report to the transportation legislation review committee on the transit and active transportation project inventories (inventories) created, including an assessment of existing and potential funding sources for the projects listed in the inventories. The department and metropolitan planning organizations must update the inventories as part of the planning processes for the regional and statewide transportation plans and must use the inventories to inform those plans, other transit service plans, and transportation improvement programs. No later than July 1, 2026, the department must develop clear definitions for roadway capacity investments and state-of-good-repair investments. No later than December 31, 2025, a local government with a population of 5,000 or more that is within a metropolitan planning organization must submit to its metropolitan planning organization all planned transit, bicycle, and pedestrian projects included in any transportation, capital, or other plan. The act also allows a local government to: Adopt goals for the share of total trips within a specified geographic area completed using certain transportation methods; Submit local transportation demand management strategies to its metropolitan planning organization; and Collaborate with the department, its metropolitan planning organization, and transit agencies to identify unfinished transit, bicycle, and pedestrian projects in certain transit areas and to prioritize such projects based on each project's potential to increase transportation mode choice, project vulnerable road users, reduce vehicle miles traveled and greenhouse gas emissions, and improve access to nondriving transportation options in disproportionately impacted communities. The act also clarifies that the Moffat tunnel improvement district is controlled and managed by the department of transportation rather than the department of local affairs. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado Voting Rights Act (state voting rights act) and modifies certain election-related statutes in the following areas: Tribal voting; Ensuring voter access to methods of selecting candidates for the general election; Restrictions on electioneering and election-related activity near voting locations; Election and voting notices in facilities serving individuals with disabilities; Recounts; Election-related language access; and Election-related data collection. Creation of the state voting rights act. The act creates the state voting rights act, which prohibits political subdivisions from: Engaging in voter suppression by taking any action that results in, will result in, or is intended to result in a material disparity between electors who are members of a protected race, color, or language minority group or other minority reporting group (protected class members) and other eligible electors in regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process; Engaging in voter dilution by enacting or employing any method of election that has the effect of, or is motivated in part by the intention of, disparately impairing the opportunity or ability of protected class members to elect the candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of protected class members ; Implementing, imposing, or enforcing a voting qualification or another prerequisite to voting based on an individual's actual or perceived gender identity, gender expression, or sexual orientation; or Implementing, imposing, or enforcing an additional voting qualification or another prerequisite to voting based on an individual's confinement to a local jail, other than those eligibility qualifications that already exist. An aggrieved individual or organization (aggrieved person) may file a civil suit alleging voter suppression; voter dilution; an unlawful voting prerequisite based on gender identity, gender expression, or sexual orientation; or an unlawful voting prerequisite based on confinement to a local jail. The attorney general may investigate potential violations of the act and may file suit to enforce the act or may intervene in an aggrieved individual's or organization's civil suit. Except under specific circumstances, before filing suit, an aggrieved person or the attorney general must send a notification letter describing the alleged violation of the act to the political subdivision. The political subdivision is given 60 or 180 days to adopt a resolution providing for a solution to the alleged violation. Tribal voting. The act clarifies that an identification card, which need not contain a photograph, that is issued by the federal bureau of Indian affairs, Indian health service, or any other federal agency that issues identification certifying tribal membership and that includes an address in Colorado constitutes a valid identification for registration purposes and, upon request of a tribal council, requires a county to establish a drop box, rather than a drop-off location as was previously the case, within the boundaries of a federal reservation. Ensuring voter access to methods of selecting candidates for a general election. The act requires each major political party to ensure that any future alternative process by which a party may select candidates for a general election allows voters not able to attend in person to participate to the same extent as those voting in person, including requiring a process for individuals to vote that does not require in-person voting. Restrictions on electioneering and election-related activity near voting locations. The act clarifies that the restrictions on electioneering and election-related activity conducted within 100 feet of a polling location or drop-off location also apply to drop boxes. Election and voting notices in facilities serving individuals with disabilities. The act imposes a requirement on specified care facilities that provide services primarily to individuals with disabilities to publicly display, in each building in which they serve clients, notices related to voting during the 30 days preceding a general or coordinated election. Recounts. Before a recount, a canvass board has been required to test at least one ballot scanner with a group of 10 test ballots marked by at least 2 canvass board members of different party affiliations. The act changes this process so that each canvass board member, other than the clerk, must separately mark their own group of 10 test ballots. The act also clarifies the duties of a canvass board and a county clerk and recorder in conducting a recount. Election-related language access. The act expands existing requirements for the creation of multilingual ballots from only applying to qualifying counties to also applying to qualifying municipalities. The county clerk and recorder for a county that meets certain requirements for the population or percentage of the voting-age population within the relevant jurisdiction who are minority language speakers and who speak English less than very well has been required to provide multilingual ballots. The act requires a municipal clerk to provide multilingual ballot access if the municipality has a population of at least 3,000 and the municipality exists partially or wholly within a county covered by the existing multilingual ballot requirements. Election-related data collection. The act requires the secretary of state to collect, maintain, and make publicly available data related to elections, including demographics, election results, and voting information. After each election, political subdivisions are required to submit election-related information to the secretary of state. The department of local affairs is also required to annually provide certain demographic information to the secretary of state. The act also changes current law from allowing a custodian of records to deny the right of inspection of certain records and information maintained by the department of revenue to requiring the denial of such inspection. For the 2025-26 fiscal year, $75,432 is appropriated from the department of state cash fund to the department of state for use by the elections division for implementation of the act. The act applies to elections and election-related activities occurring on or after January 1, 2026. (Note: This summary applies to this bill as enacted.)

The act requires a form issued by the state or a local government that requests that the individual completing the form disclose the individual's race or ethnicity to include, in addition to spaces for any other racial or ethnic categories required by the federal office of management and budget, a space to indicate if the individual's race or ethnicity is Middle Eastern, North African, or South Asian. The state and local governments are exempt from the act's requirements if: The demographic data collected in the form is reported by the state or a local government to the federal government; and The federal government rejects or will reject the demographic data reported by the state or a local government because it includes Middle Eastern, North African, or South Asian as a primary demographic category. When exercising the exemption, the state and local governments shall include Middle Eastern, North African, or South Asian as a demographic subcategory of the nonspecific racial category on the form. (Note: This summary applies to this bill as enacted.)

Current law mandates insurance coverage of certain preventive health-care services (preventive services) in accordance with the recommendations of the United States preventive services task force, recommendations established by the advisory committee on immunization practices, or preventive care or screening as provided in the comprehensive guidelines supported by the health resources and services administration in the United States department of health and human services (authorities). The act requires that, in the event that any of these authorities is repealed, modified, or otherwise no longer in effect, the commissioner of insurance may adopt rules that require compliance with the recommendations and comprehensive guidelines regarding the coverage of those preventive services as the recommendations and guidelines existed in January 2025 or that comply with the recommendations of the nurse-physician advisory task force for Colorado health care (NPATCH). The act also tasks the NPATCH with making recommendations regarding updates or modifications to the current list of covered preventive health-care services. (Note: This summary applies to this bill as enacted.)

The"Freedom From Intimidation In Elections Act" is created and prohibits any individual from intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce any individual for: Voting or attempting to vote; Urging or aiding any individual to vote or attempt to vote; Exercising any powers or duties to administer elections, including vote counting, canvassing, and election certification; or The individual's status as a past or present participant in the administration of elections. The act specifies that an individual who carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing any of the specified election-related activities is presumed, in the absence of any affirmative showing to the contrary by a preponderance of the evidence, to have engaged in intimidation prohibited by the act; except that the presumption does not apply to a law enforcement officer or a uniformed security guard acting within the scope of their authority, and mere possession of a holstered firearm by such an officer or guard while interacting with or observing any of the specified election-related activities does not violate the Act. An aggrieved individual, an election official, a designated election official, the secretary of state, or the attorney general may enforce the provisions of the act. A suit brought by an election official, a designated election official, the secretary of state, or the attorney general does not preclude a contemporaneous private suit by an aggrieved individual to enforce the provisions of the act. In a suit to enforce the provisions of the act, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the existing prohibitions on using or carrying firearms in or near polling locations drop boxes and in or on the property of ceratin types of government buildings. To prevail in a suit to enforce the provisions of the act, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, or coerce any individual, except to prove an attempt to intimidate, threaten, or coerce, but a court may consider evidence of intent in determining the appropriate relief. (Note: This summary applies to this bill as enacted.)