Rep. Jamie Jackson

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.)

Section 20 of article X of the state constitution (TABOR) defines "fiscal year spending" as not including either "damage awards" or "property sales". Although TABOR does not define either "damage award" or "property sale", the TABOR implementing statutes do. The act clarifies both of these definitions for state fiscal years commencing on or after July 1, 2024. The act clarifies that "damage award", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain fines and monetary penalties imposed by the state. The act also clarifies that "property sale", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain specified types of sales by the state. (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 defines a solar sales company as an entity that: Transacts with a consumer to sell, or negotiate or execute a contract for the sale of, a residential solar electric system or residential battery energy storage system (system); or Transacts with a consumer to lease or enter into a power purchase agreement for a system. The act requires a solar sales company to provide to a consumer certain disclosures when entering into an agreement with the consumer for the purchase or lease of a system or a power purchase agreement for a system (agreement). The act also specifies the terms that an agreement must contain, including payment terms and contact information for the solar sales company. A solar sales company is required to retain a copy of a signed agreement for at least 4 years after the date the agreement is entered into. The personal information of a consumer must be maintained consistent with applicable data privacy laws. In the event of a sale of a system, the consumer has at least 3 business days after the date of the transaction to cancel the agreement without financial penalty, besides any nonrefundable deposits. The act requires a solar sales company to conduct a welcome call with the consumer, which welcome call must include certain disclosures. The consumer's 3-day cancellation period does not begin to run until the welcome call is conducted. The act describes the terms that any financing documents must contain if the purchase of a system is financed. The act sets forth requirements for a salesperson of a solar sales company and prohibits a solar sales company from using written or digital sales materials with names, logos, pictures, or other indicia of association with a public utility, cooperative electric association, or municipal utility, unless the solar sales company has received express, written consent from the relevant utility to do so or is complying with federal fair use laws. A solar sales company is also prohibited from representing that the solar sales company is affiliated with, sponsored by, or approved by a state incentive program without the express, written consent of the state agency in charge of the state incentive program. The act requires a solar sales company to provide certain warranties for the installation and workmanship of a residential solar electric system. Lastly, the act requires an investor-owned utility serving more than 500,000 customers that offers financial incentives for a system to provide certain information about the offered incentives to customers. A violation of the requirements of the act is enforceable as a deceptive trade practice under the "Colorado Consumer Protection Act". The act's requirements apply to agreements between a solar sales company and a consumer that are entered into on or after July 1, 2026. (Note: This summary applies to this bill as enacted.)

The act requires an employer or the employer's insurer to use the division of workers' compensation's (division) utilization standards when responding to a request for authorization from a treating physician, and, if they do not, the director of the division may deem the services as authorized, reasonable, and necessary and require payment for the services by the employer or the employer's insurer. The act provides injured workers control over the selection of their primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division subject to geographic limitations. The act creates the mechanism by which an injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician. (Note: This summary applies to this bill as enacted.)

The act changes the time period for which a licensee's or applicant's prior conviction of or plea of no contest to specific crimes requires the motor vehicle dealer board (board) to revoke or deny a license to the licensee or applicant from a 10-year period to a 3-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant or licensee has not been convicted of any other criminal offense during the 3-year period. After the 3-year period, the board may only consider the individual's application or license; except that the board may consider a conviction for a crime that is directly related to the auto industry at any time. (Note: This summary applies to this bill as enacted.)

The act prohibits the department of human services (department) from requiring an applicant for the low-income home energy assistance program (program) to provide their citizenship or immigration status on an application for assistance under the program, unless that information is required as a condition of eligibility for the program. The department is also prohibited from sharing the citizenship or immigration status of an applicant for or recipient of assistance under the program with any federal law enforcement agency, unless disclosure is required by law or court order. If an individual applies for assistance under the program and the individual's application is denied due to insufficient or incomplete documentation, the department must provide notice to the applicant that their application has been denied and provide the applicant at least 60 days to correct or complete the application. The investor-owned public utility of which the applicant is a customer must place a disconnection hold on the applicant's utility service for no more than 60 days while the customer's application is pending review. (Note: This summary applies to this bill as enacted.)

The act requires that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train. A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad employee or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train. The act eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to engage in inspection, investigation, and enforcement activities regarding the following railroads: A class I railroad; A railroad operating on any line that was used by class I railroads as of July 1, 2024; and A passenger railroad. The act requires the office to gather, analyze, and assess information, including: Data to create a more comprehensive understanding of railroad safety; Wayside detector information; Information regarding blocked public crossing locations; Information regarding railroad maintenance activity; An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation; The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and Communication issues impacting railroad lines in the state. Beginning on or before July 1, 2027, a railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the act. The commission shall determine a methodology for calculating the fee by rule, and the commission may include specified criteria in the calculation. The total amount collected pursuant to the annual fee must not exceed $2,900,000 in a calendar year. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee. (Note: This summary applies to this bill as enacted.)

The act extends the Emily Keyes - John W. Buckner organ and tissue donation awareness fund indefinitely. (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.)