Rep. Jamie Jackson

The act creates the future of severance taxes and water funding task force (task force). The department of natural resources is required to contract with a third party to conduct a study on severance taxes and water funding and develop recommendations for ways to continue funding water needs and energy impact grants in the face of decreasing severance tax revenue (study). The study must focus on identifying ways to alleviate the need to transfer revenues derived from severance taxes to the general fund and to replace severance tax revenue that was previously transferred to the general fund. The purpose of the task force is to work with the third party to conduct the study and develop recommendations. No later than January 15, 2026, the third party must submit a draft report, detailing the results of the study and any recommendations, to the department of natural resources and the task force for review. The task force is required to provide input on the draft report. No later than July 15, 2026, the third party must submit a final report, which incorporates the input of the task force, to the water resources and agriculture review committee (committee). The task force must present the final report to the committee during the 2026 legislative interim. The act changes the manner in which a credit allowed against severance tax in taxable years commencing January 1, 2026, but prior to January 1, 2028, is calculated. For the 2025-26 state fiscal year, $198,592 is appropriated from the severance tax operational fund to the department of natural resources to implement the act. (Note: This summary applies to this bill as enacted.)

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.)

The act makes the following changes for the purpose of improving the performance of the regional transportation district (RTD): Authorizes RTD to enter into a service partnership agreement with a local government, institution of higher education, business or housing entity, or special district to expand services within RTD's service territory or beyond the boundaries of RTD as authorized by law; Requires RTD, in discharging its responsibilities, to: Align with statewide greenhouse gas reduction targets, "Transportation Vision 2035" goals, and mode choice targets; Create worker retention goals; Adhere to the requirements of "General Directive 24-1: Required Actions Regarding Assaults on Transit Workers", issued on September 25, 2024, by the federal transit administration of the United States department of transportation; and Develop performance measures to evaluate its progress in aligning with state climate goals and achieving its worker retention goals; Requires RTD to report to the transportation legislation review committee (TLRC) on or before December 15, 2025, on RTD's 5-year financial forecast, debt capacity, and use of agency reserve accounts; Requires RTD, in coordination with the department of transportation, the Denver regional council of governments, and local governments within RTD's service territory, to create a 10-year strategic plan no later than September 30, 2026, and a comprehensive operational analysis no less frequently than every 5 years beginning on April 10, 2026, and to report quarterly to the RTD board of directors regarding the plan and analysis. RTD is also required to annually report to the TLRC on its progress in delivering the projects identified in the 10-year strategic plan and the comprehensive operational analysis. Requires RTD, in conjunction with the creation of its 10-year strategic plan, to study or contract with a third party to study and identify opportunities to increase funding to achieve the goals, measures, and targets identified in the 10-year strategic plan; Requires RTD to create, maintain, and publish on its website information and dashboards related to capital projects, ridership and service information, planned service changes, workforce statistics, and transit safety; Requires RTD to update its service policies and standards, its equitable transit-oriented development policy, and its service buy-up policy, to create specific communication protocols, and to implement parking and transportation demand management strategies and policies; Requires RTD to report to the governor, general assembly, the TLRC, and the RTD board by December 2025 on its work to achieve the transportation expansion routes identified in the transportation expansion plan, including the north lines. If RTD has not completed and begun service by January 1, 2029, on the fixed guideway mass transit system proposed in the transportation expansion plan, RTD is required to report to the governor and the transportation committees of the general assembly every 6 months until service begins. Requires RTD to periodically notify the Denver regional council of governments and the department of local affairs of any known infrastructure gaps that exist within a transit center of a transit-oriented community within RTD's service territory; Requires RTD to modernize, advertise, and conduct outreach about its EcoPass programs and to report to the transportation committees of the general assembly about its efforts; Clarifies the powers and duties of the RTD board of directors; and Prohibits write-in candidates for the RTD board of directors. The act also requires other entities to analyze opportunities for the improvement of transit services by: Requiring certain residential and mixed-use developments to survey their residents about their interest in having the development provide annual pre-paid RTD transit passes via the EcoPass program, if the development does not already provide bulk-purchased EcoPasses. If a majority of residents express interest in bulk-purchased EcoPasses, the development is required to enroll in the EcoPass program for its residents. Requiring the transportation commission, on or before March 31, 2026, to develop and publish best practices and technical assistance materials concerning the creation of regional transportation authorities to increase funding for transit and to provide additional transit services within the state; and Creating an RTD accountability committee within the Colorado energy office that consists of 15 appointed members, including 14 voting members and one ex officio nonvoting member, whose work is intended to build upon the work of the previous RTD accountability committee created in 2020. On or before January 30, 2026, the committee is required to provide recommendations to the transportation committees of the general assembly concerning: The governance structure and compensation of the RTD board and executive leadership; Paratransit services within RTD; The representation of local governments and state agencies within RTD; and RTD's labor and workforce standards and workforce retention. The act also makes changes to the information that an eligible entity is required to provide to the clean transit enterprise after being awarded money from the local transit operations cash fund. For the 2025-26 state fiscal year, $146,720 is appropriated from the general fund to the office of the governor for use by the Colorado energy office for program administration. (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.)

For construction of multifamily, attached housing of 2 or more units, the act creates the multifamily construction incentive program (program). A builder may chose to participate in the program by: Providing a warranty that covers any defect and damage at no cost to the homeowner for specified periods; Having a third-party inspection performed on the property; and Recording a notice of election to participate in the program in the real property records before the property is offered for sale. For construction defect claims brought for the construction of housing for which the builder is a participant in the program, the act: Requires a claimant to file a certificate of review with the complaint, if the complaint is against an architect or engineer; Limits actions to claims that have resulted in: Actual damage to real or personal property; actual loss of the use of real or personal property; actual bodily injury or wrongful death; an unreasonable reduction in the capability of, or an actual failure of, a building component to perform an intended function or purpose; or an unreasonable risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential property; and Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair. For all construction defect claims, the act: Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; Requires a construction professional who is the defendant in a construction defect action to submit specified information to the claimant; Prohibits an insurer from cancelling, denying, or reducing coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional's offer to repair or settle a construction defect claim; Tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect; Increases the percentage of owners that an executive board of a unit owners' association (executive board) must obtain approval from before initiating a construction defect claim on behalf of the owners from a majority to 65%; and Requires an executive board that is successful in a construction defect claim or settlement to first use the net monetary damages or net proceeds received as a result of the claim to repair the construction defect. The act requires a local government to establish a fast-track approval process for an application for for-sale multifamily condominium projects in order to qualify for assistance from the state affordable housing fund. (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.)

The act allows a currently licensed Colorado teacher seeking to add an early childhood education endorsement, early childhood special education endorsement, elementary education endorsement, or special education generalist endorsement to demonstrate professional competencies by submitting evidence of achieving sufficiently high education coursework grades on coursework aligned with relevant standards as approved by the department of education. If the applicant spots for the multiple measures pathway are not filled, the act allows currently licensed Colorado teachers who are seeking additional licensure endorsements to demonstrate professional competencies using the multiple measures pathway. The act clarifies that 4-year institutions of higher education that offer programs of off-campus instruction and that have courses included in the guaranteed transfer pathway matrix or that are part of a statewide degree transfer agreement may participate in the teacher recruitment education and preparation program. (Note: This summary applies to this bill as enacted.)

Under current law, a person engages in an unfair and unconscionable act or practice in violation of consumer protection laws if the person engages in price gouging during a declared disaster emergency. The act provides that a person engages in price gouging in the sale or offer for sale of certain goods or services if, after the governor declares a disaster emergency, which declaration may be based on a market disruption, the price of the good or service is increased by 10% or more above the price at which a similar good or service was sold or offered for sale before the disaster began. The act also establishes that seasonal pricing is not considered unreasonably excessive pricing and therefore is not price gouging. (Note: This summary applies to this bill as enacted.)