Rep. Mandy Lindsay

The act permits an administrative agency that is conducting an adjudicatory hearing (agency) to serve a person entitled to notice of that hearing using electronic means. The agency's use of electronic service requires a documented request by or the documented consent of the person to be notified. The act similarly authorizes electronic service with respect to an agency's final decision or the initial decision by an administrative law judge or hearing officer.(Note: This summary applies to this bill as enacted.)

Maddy summaryThis bill updates how Colorado state colleges and universities receive performance-based funding starting in the 2027-28 fiscal year. It renames "performance funding" to "results-informed funding" and modifies the metrics used to calculate these funds, including graduation rates, student retention, and Pell-eligible student enrollment. The legislation also introduces a new definition for "co-located degree partnerships" and excludes students in these programs from certain graduation rate calculations. Additionally, the bill changes how funding components are ordered and removes requirements for sequential calculation of funding amounts.

After an individual has been discharged from a facility where an individual was held for an emergency mental health hold, current law requires the facility to attempt to follow up with the individual at least 48 hours after discharge. The act extends the time to attempt to follow up with the individual to 72 hours following discharge, excluding weekends and holidays.     The act restricts the behavioral health administration (BHA) from issuing or renewing a license for a behavioral health entity unless the BHA receives a certificate of compliance for the applicant's building or structure from the division of fire prevention and control. The act adds the following exceptions to this requirement:An applicant that provides only telehealth services is not required to receive a certificate of compliance; andAn applicant that provides only outpatient services may receive a certificate of compliance from the division of fire prevention and control based on inspections conducted by a fire department that employs a certified inspector rather than from the division of fire prevention and control.(Note: This summary applies to this bill as enacted.)

The act requires, beginning July 1, 2027, a private entity conducting business in the state that employs 100 or more workers (employer) to include demographic workforce data collected through the United States equal employment opportunity commission's 'Employer Information Report' (EEO-1 data) in periodic reports to the secretary of state. An employer is required to provide the EEO-1 data to the secretary of state even if the federal government repeals or discontinues the federal requirement to submit the EEO-1 data to the United States equal employment opportunity commission.(Note: This summary applies to this bill as enacted.)

The act creates and allows taxpayers to claim a refundable tax credit, in addition to the child tax credit and the family affordability tax credit, in an amount determined by the amount and age of the taxpayer's children and the taxpayer's income. The total amount of the new tax credit is adjusted annually based on legislative council staff projections, such that the total amount of the new tax credit claimed in an income tax year is projected to be the same as the amount of revenue raised by the repeal of the downloadable software sales and use tax exemption elsewhere in the act.     Beginning January 1, 2027, the act repeals the downloaded software sales and use tax exemption so that all software that is available for repeated sale and license qualifies as tangible property and thus is subject to sales and use tax. The act exempts from sales and use tax downloaded software governed by a negotiable license agreement or developed for use by a particular user.     For each July, August, November, and December in 2027 and 2028, the act allows a qualifying retailer in the food or drink industry to deduct from state net taxable sales the lesser of state net taxable sales or $14,000.     Currently, 15% of the net revenue collected as sales and use tax is credited to the general fund, less 1.655% (allocation percentage), which is credited to the housing development grant fund. Beginning January 1, 2027, and until December 31, 2028, the act reduces the allocation percentage to 1.629%. Beginning January 1, 2029, the allocation percentage is 1.625%.     Beginning July 1, 2026, the act creates a sales and use tax exemption for a retailer selling food or drink (retailer) whose sales of prepared food exceed 25% of the retailer's sales revenue equal to 100% of the price the retailer paid for gas and electricity. A retailer whose sales of prepared food are 25% or less of the retailer's sales revenue is allowed a credit against the sales taxes otherwise due equal to 0.5% of the retailer's prepared food sales revenue.     The repeal of the downloadable software sales and use tax exemption applies to the sale, storage, use, and consumption of tangible personal property on or after January 1, 2027.     Provisions of the act are contingent upon House Bill No. 26-1221 and House Bill No. 26-1222 not becoming law.     For the 2026-27 state fiscal year, the act appropriates $48,326 from the general fund to the department of revenue for tax administration system support and personal services.(Note: This summary applies to this bill as enacted.)

The act clarifies an existing requirement for the criminal conviction of a property owner by requiring that one or more criminal charges be brought as a prerequisite to any nuisance abatement or forfeiture proceeding.     Existing law provides an exception to the conviction requirement for noninnocent owners who are not subject to criminal charges that no criminal conviction is necessary of the nonowner criminal defendant if the plaintiff proves its case by clear and convincing evidence that the property subject to the forfeiture proceeding is traceable proceeds of the charged offense or related criminal activity. The act clarifies this exception to first require a conviction of the nonowner criminal defendant before the noninnocent owner's property may be forfeited, while retaining other various exceptions that allow forfeiture actions to proceed against the interest of a claimant.     The act establishes a right for indigent civil asset forfeiture defendants to access forfeiture defense counsel and creates a procedure for the appointment of forfeiture defense counsel in nuisance abatement and forfeiture proceedings. The state court administrator shall enter into a contract for services with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding. The private contractor is subject to certain reporting requirements.     The act creates a forfeiture defense counsel fund (fund) to pay for contracted forfeiture defense counsel who are authorized to represent persons against whom a nuisance abatement or forfeiture proceeding has been filed in connection with criminal charges. The fund is capped at $500,000, and starting in state fiscal year 2027-28, no general fund money is allowed to finance the fund. The balance of the fund over $500,000 is credited to the law enforcement community services grant program fund. The act transfers any unexpended and unencumbered money from the law enforcement community services grant program fund to the forfeiture counsel defense fund.     The act alters the disposition of property and proceeds ordered forfeited in a nuisance abatement or forfeiture action. Currently, forfeited property and proceeds are applied first toward restitution and cost recovery for a list of stakeholders, and of the remainder, 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the local behavioral health administrative services organization, and 25% is granted to the law enforcement community services grant program fund. The act amends the disposition of the remainder so that 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the fund, and 25% is granted to the local behavioral health administrative services organization.     The act appropriates $556,750 to the judicial department from the fund for civil asset forfeiture defense contracting and $55,000 to the department of local affairs from the fund for civil asset forfeiture portal administration.(Note: This summary applies to this bill as enacted.)

The act exempts Colorado courts' e-filing system from the requirement that users certify that they will not disclose personal identifying information obtained from the system for federal immigration enforcement.     The act authorizes a public health agency to inspect or examine a facility that houses or detains individuals who are noncitizens for purposes of civil immigration proceedings.     Under current law, the department of public health and environment is authorized to inspect facilities that house or detain individuals who are noncitizens for purposes of civil immigration proceedings. The act expands the inspection authority, including the frequency of inspections and things that are subject to inspection. A facility that refuses to allow the inspection is subject to a civil penalty. The department of public health and environment is authorized to set fees for inspections and deposit the money from the fees in the immigration facility inspection and detention cash fund, which is created in the state treasury.     The act authorizes the department of public health and environment to require facilities that house or detain individuals who are noncitizens for purposes of civil immigration proceedings to comply with requirements, including health and safety standards and reporting requirements. A facility that fails to comply is subject to a civil penalty. The act requires the department of public health and environment to submit an annual report to the attorney general concerning facilities' compliance with these new requirements and make the report publicly available on its website.     The act requires the P.O.S.T. board to establish training standards related to peace officer compliance with current laws concerning civil immigration detainers. P.O.S.T.-certified peace officers must complete the training before December 31, 2027.     The act requires the attorney general to develop and make publicly available a policy regarding current laws concerning the protection of personal identifying information.     The act appropriates $107,283 to the department of public health and environment from the immigration facility inspection and detention cash fund.(Note: This summary applies to this bill as enacted.)

Pursuant to existing law, when an administering state agency awards a grant to a nonprofit organization (grantee), the grantee is generally required to access the grant award by applying for the reimbursement of costs incurred in completing the activity for which the administering state agency awarded the grant.     Notwithstanding any provision of law to the contrary, the act allows an administering state agency to advance a payment to a grantee only for a state-funded grant subject to certain requirements.     The administering state agency shall:Have an existing process or develop a new process that is approved by the state controller to dispense an advance payment;Disclose the availability of advance payment in any notice of a grant funding opportunity, grant solicitation, request for applications, or other announcement issued to prospective grantees;Ensure that any advance payment to a grantee is the minimum amount needed to achieve the outcome of actual, immediate cash requirements of the grantee in carrying out the grant objective; and Use the office of the state controller's risk assessment tool to determine whether a grantee is high, medium, or low risk and allow advance payment only to a grantee that is determined to be low risk. An administering state agency may modify the considerations in the risk assessment tool depending on the specific situation.     The grantee shall:Provide an itemized budget to the administering state agency for the eligible costs that the advance payment will cover, the indirect or other costs that the grantee needs to operate, a spending timeline, and a workplan developed as specified by the administering state agency;Submit documentation to support the need for advance payment; If required by the administering state agency and stipulated within the grant agreement, obtain insurance in an amount commensurate with the assessed risk determined by the administering state agency ;Establish procedures to minimize the amount of time that elapses between the transfer of money and the expenditure of the money by the grantee;Provide a progress report to the administering state agency following the expenditure of an advance payment; andDisclose certain internal controls to the administering state agency.      The grantee shall propose the minimum amount needed to achieve the grant objective and the controller of the administering state agency shall review and determine whether to accept the amount or propose an alternative amount. The controller of the administering state agency shall forward advance payment requests to the state controller for approval.     A grantee shall return to the administering state agency all unused money provided as an advance payment but not expended within the grant agreement timeline. A grantee that is paid a percentage of the total value of the payments under a grant agreement immediately upon executing the grant agreement must comply with all of the reporting requirements specified in the grant agreement.     If an administering state agency or the office of the state controller denies a grantee's request for advance payment, the administering state agency shall provide the grantee with a written explanation of the deficiencies in the application for advance payment that determined the decision to deny the request. The administering state agency shall make the elements and results of the risk assessment available to the grantee.     The act does not prevent an administering state agency, in providing advance payment to a grantee, from using a waiver process available through fiscal rules adopted by the state controller or rules adopted by a federal governmental entity to dispense a percentage of the total value of the payments under the grant agreement to the grantee immediately upon executing or renewing the grant agreement.     Nothing in the act limits, prohibits, or supersedes any existing payment or grant-making authority or powers of a state agency.     For the 2026-27 state fiscal year, the act appropriates $34,146 from the general fund to the department of personnel for use by the division of accounts and control to implement the act.(Note: This summary applies to this bill as enacted.)

The act requires the division of labor standards and statistics (division) in the department of labor and employment (CDLE), on or before January 15, 2027, to begin collecting data concerning temperature-related injury or illness or temperature-related emergencies at worksites and to:Develop a platform on CDLE's website where users can provide information about occurrences of temperature-related injury or illness or temperature-related emergencies;Obtain from the department of public health and environment (CDPHE) data that CDPHE has collected through its syndromic surveillance program regarding occurrences of heat-related injury or illness or heat-related emergencies; andCollect similar data from the division of workers' compensation and the Center for Improving Value in Health Care.     On or before July 1, 2028, the act requires the division to develop a model temperature-related injury and illness prevention plan (TRIIPP) that thereafter must be made available on CDLE's website. Additionally, the act requires the division to review and update the model TRIIPP at least every 5 years and grants the division authority to adopt rules necessary to implement the act.     $76,651 is appropriated from the general fund to the department for use by the division.(Note: This summary applies to this bill as enacted.)

The act gives county departments of human or social services and the Colorado department of human services (department) the statutory authority needed to conduct the required fingerprint-based criminal history record checks for individuals who provide out-of-home care for child-welfare-involved youth in accordance with the federal bureau of investigation's standards.     For the 2026-27 state fiscal year, the general assembly anticipates that the department will receive $350,000 in federal funds to implement the act, and $350,000 is appropriated to the office of the governor for use by the office of information technology to implement the act. The $350,000 appropriation is from reappropriated funds received from the department.(Note: This summary applies to this bill as enacted.)