Rep. Chad Clifford

The act authorizes the secretary of state (secretary) to:Mark as void or remove from the system an entity filing and adjust the entity's status if an electronic payment for the entity filing fee is reversed or is not completed; andMark a business record with a notice that an entity has received a complaint or is under investigation without referring a complaint about the entity to the attorney general if the secretary receives a notice from the attorney general that the entity being listed as the registered agent was created or registered without authorization or for fraudulent purposes.     The act prohibits using a fraudulent entity as a registered agent in a business entity filing.     Colorado law provides an administrative process for determining if an entity filing is made fraudulently or otherwise violates the law when a complaint is made (violation). When a complaint is filed, the secretary may note on the entity's records a notice of the complaint and investigation. If such a determination is made, the entity filings may be canceled and the filers penalized. The procedures require the attorney general to notify the entity's registered agent. If the entity does not reply, the complaint is deemed to be conceded. The act:Authorizes the attorney general to provide written notice to any other point of contact that the attorney general determines through investigation to be a means to reach the entity, if the address of the registered agent is the same as the address of the complainant;Repeals a requirement that a second 21-day notice be mailed before the complaint is deemed to be conceded;Authorizes a person that is injured by a violation to bring an action to dissolve the entity; andAuthorizes the secretary to take certain actions against another entity that also uses the same fraudulent or unauthorized entity as its registered agent.     Under current law, actions to dissolve an entity must be brought in the district court for the county where the entity's principal office is located; if the entity has no principal office in this state, where the registered agent is located; or, if the entity has no registered agent, in Denver. The act authorizes the action to be brought in Denver when the dissolution is based on a fraudulent filing.     The act also sets up a procedure through which, if the secretary has a reasonable basis to believe that a record is fraudulent or unauthorized based on the response or failure to respond to an interrogatory, the secretary may:Mark the record with a notice that the record is unauthorized or fraudulent and declare the entity delinquent;Redact the unauthorized address or name from the record and from any other relevant records;Disable filing functionality on the entity's records; andProceed with administrative procedures.     A person aggrieved by any of these actions may request the secretary to reverse the actions taken. If the secretary denies the request, the aggrieved person may seek judicial review in Denver.     To implement the act, $193,954 is appropriated from the department of state cash fund to the department of state.(Note: This summary applies to this bill as enacted.)

The act increases funding for county child abuse prevention services and programs by changing the source of reimbursement money transmitted to the Colorado child abuse prevention trust fund (trust fund) from money received for all prevention services and programs identified in the federal Title IV-E clearinghouse (prevention services clearinghouse) to money received by the Colorado department of early childhood and identified in the prevention services clearinghouse.     The act continues the trust fund and Colorado child abuse prevention board indefinitely.     For the 2026-27 state fiscal year, the general assembly anticipates that the department of human services will receive $150,000 in federal funds to implement the act.(Note: This summary applies to this bill as enacted.)

The act prohibits a school district, a charter school authorized by a school district, a charter school authorized by the state charter school institute, the state charter school institute, or a board of cooperative services that operates one or more public schools (LEP) from discriminating against an individual who has a disability and who is entitled to a free public education (qualified student with a disability) based on the student's disability.     The act requires an LEP to allow a qualified student with a disability to participate in and enjoy the benefits of the provider's programs, services, or activities in the same manner as a student without a disability. When providing any aid, benefit, or service, an LEP shall not, based on disability:Deny a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service in a manner that is equal to that afforded to other students;Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to other students;Provide different or separate aids, benefits, or services to a qualified student with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to other students;Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, an organization, or a person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the LEP's educational program or activity; orOtherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by students without disabilities who receive an educational aid, benefit, or service.     The act prohibits an LEP from using criteria or methods of administration that:Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the LEP's program or activity with respect to a qualified student with a disability; orPerpetuate the discrimination of another LEP if both LEPs are subject to common administrative control or are agencies of the state.     In determining the site or location of a facility, an LEP may not make selections that:Exclude a qualified student with a disability from a facility or deny a qualified student with a disability the benefits of a facility, or that otherwise subject a qualified student with a disability to discrimination; orHave the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability.     The act requires an LEP to:Adopt a disability rights grievance process that incorporates appropriate due process standards and that is satisfied by following the grievance procedures in section 504 of the federal 'Rehabilitation Act of 1973' and to designate at least one responsible employee to oversee compliance with the provisions of the act relating to discrimination and to serve as a point of contact for students and families;Make a reasonable modification to a policy, practice, or procedure when the modification is necessary to avoid discriminating against a qualified student with a disability on the basis of disability;Provide a reasonable accommodation to a parent with a disability who is seeking appropriate access to programs and activities for parents in relation to that parent's child;Ensure that a communication to a qualified student with a disability is as effective as a communication to a student without a disability and to furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the LEP;Ensure that a qualified student with a disability is not denied access to the LEP's services, programs, or activities because of facilities inaccessible to a qualified student with a disability;Provide a free and appropriate public education to each qualified student with a disability who is in the LEP's jurisdiction, regardless of the nature or severity of the student's disability, and if necessary, ensure adequate transportation to and from any placement premises;Provide for the free and appropriate public education of each qualified student with a disability with students without disabilities to the maximum extent appropriate to the needs of the qualified student with a disability; Place a qualified student with a disability in the regular educational environment operated by the LEP unless it is demonstrated that the education of the student in that environment with the use of supplementary aids and services cannot be achieved satisfactorily;Provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford a qualified student with a disability an equal opportunity to participate in the services and activities;At least annually, identify and locate every qualified student with a disability residing in the LEP's jurisdiction who is not receiving a free and appropriate public education and take appropriate steps, with the permission of the qualified student with a disability and their parent, to evaluate the student; Ensure that a qualified student with a disability is free from harassment that is sufficiently serious to create a hostile environment or interfere with or limit the student's ability to participate in or benefit from the LEP's services, activities, or opportunities; andConduct evaluations and reevaluations of a student in the student's primary language, communicate with a parent with limited English proficiency in a manner that provides meaningful access to information, and provide interpretation and translation services for communication with a parent with limited English proficiency.     Subject to sufficient funding or resources, certain provisions of the act take effect, which:Allow the department of education (department) to provide training and technical assistance to LEPs about the requirements of the act;Establish a complaint process and specifies that the department may investigate and resolve complaints of alleged violations of the provisions of the act pursuant to the complaint process;Specify the circumstances under which an individual may file a complaint with the department;Allow the department to order specified remedies as determined necessary by the department to remedy violations occurring pursuant to the act and to prospectively ensure compliance, if the department finds a violation; and Allow the state board of education (board) to withhold state funds from an LEP if the board determines that the LEP has intentionally violated the provisions of the act and demonstrated an unwillingness to enter into a corrective action plan to address the violation. No later than December 31, 2026, the board shall adopt rules that establish procedures for the withholding of funds. The board must provide due process to an LEP before state funds are withheld.     The act prohibits an LEP from coercing, intimidating, threatening, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the act, the federal 'Individuals with Disabilities Education Act', the 'Americans with Disabilities Act of 1990', the 'Exceptional Children's Educational Act', or the 'Protection of Students from Restraint and Seclusion Act' (anti-discrimination laws) because an individual:Makes, has made, or because an LEP believes an individual has made or will make, a complaint pursuant to an anti-discrimination law; orTestifies, assists, or participates in any manner in an investigation or proceeding regarding an allegation or complaint pursuant to an anti-discrimination law.(Note: This summary applies to this bill as enacted.)

The 'Colorado Licensing of Controlled Substances Act' (Act) is set to repeal September 1, 2026.     The act implements the department of regulatory agencies' recommendations to:Continue the Act until September 1, 2041;Modernize the definition of 'substance use disorder' in the Act to more accurately reflect the type of conditions being treated by behavioral-health-administration-licensed facilities and the practitioners who may diagnose these conditions; and Remove defined terms that are no longer referenced in the Act.(Note: This summary applies to this bill as enacted.)

The act prohibits the Colorado lottery or any licensed lottery retailer from selling lottery tickets or instant scratch game tickets produced by the lottery for sale to the public on a credit basis.(Note: This summary applies to this bill as enacted.)

Maddy summaryHB 1307 extends the Colorado Medical Board's existence until September 1, 2035 (replacing a prior 2026 sunset date) and implements several specific changes to medical licensing. It creates a new "administrative license" for physicians performing non-patient work (like research design or quality management) starting January 1, 2027, exempting them from continuing medical education requirements. The bill also exempts natural medicine facilitators (with a specific license) from needing a medical license to facilitate certain services, and modifies renewal rules for foreign teaching physicians and board procedures. These changes directly affect physicians seeking administrative roles, natural medicine facilitators, and the Medical Board’s operational structure.

The act allows persons who are indigenous to receive compensation for traditional Native American healing ceremonies and practices and related expenses under the 'Colorado Crime Victim Compensation Act', which includes:Traditional counseling and healing from an elder or spiritual healer;Traditional ceremonial practices;Ceremonial burials, including clothing for the deceased, meals, and other related expenses;Child care during burial ceremonies;Reimbursement for honoraria provided in connection with ceremonial services; andReasonable travel expenses related to the traditional Native American healing ceremonies and practices.(Note: This summary applies to this bill as enacted.)

The act changes the purpose of the small business recovery and resiliency loan program (program) from supporting small businesses recovering from the economic crisis caused by COVID-19 to supporting Colorado's small businesses regardless of COVID-19 impacts.     The act provides that money in the small business recovery and resiliency fund (fund) may be matched by participants in the program at a ratio of $1 of fund money for every $1 of money from other sources. Once the money from the fund is matched by other sources and comprises a tranche, the act specifies that the money from the tranche may be used for loans or to purchase participation interest in loans for businesses as determined by the program oversight board (board), including working capital and the purchase of equipment.     The act allows a deferral of principal and interest payments on a loan made through the program for circumstances of hardship and repeals the requirement that the hardship must be caused by the COVID-19 pandemic or ongoing economic conditions.     The act repeals a requirement that money from the fund must be proportionally reserved for applications from eligible borrowers located in a county based on the county's metrics related to small businesses, as determined by the board, for an initial period of time and that the money must be allocated to a county. Instead, the act requires each tranche of loan funding to be used to fund businesses across the state over the duration of the program and to maintain targets and support businesses located in rural counties and businesses owned by women, minorities, or veterans. The program will track the distribution of capital to counties.     The act requires the state treasurer to transfer $5 million from the fund to the Colorado startup loan program fund on June 30, 2026.(Note: This summary applies to this bill as enacted.)

Under current law, the Colorado job growth incentive tax credit (credit) may only be allowed by the economic development commission (commission) through state income tax year 2026. The act amends the Colorado job growth incentive tax credit to authorize the commission to allow new credit awards through state income tax year 2034. The act also extends the commission's annual reporting requirement through September 1, 2042.(Note: This summary applies to this bill as enacted.)

In 2022, the general assembly enacted, and the governor subsequently signed into law, House Bill 22-1358 ('Concerning measures to eliminate the presence of lead in the drinking water of certain facilities where children are present, and, in connection therewith, making an appropriation'), which required child care centers, family child care homes, and each public school that serves any of grades preschool through eighth grade to:Test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source; andSatisfy other requirements concerning the provision of safe drinking water.     House Bill 22-1358 also created the school and child care clean drinking water fund (fund) to help schools, child care centers, and family child care homes comply with House Bill 22-1358.     House Bill 22-1358 included a repeal date of June 30, 2026, for its provisions. The act extends the provisions, with amendments, until June 30, 2029. The act also adds high schools (i.e., schools that serve grades 9 to 12) to the scope of House Bill 22-1358, which means that high schools may receive grants from the fund and must satisfy certain requirements on or before dates specified in the act.     The act requires the department to adopt rules establishing how a child care center shall demonstrate compliance with the requirements concerning the testing for the presence of lead in drinking water.(Note: This summary applies to this bill as enacted.)