Rep. Bob Marshall

The act provides that, if the action is undertaken in accordance with applicable federal and state law:A licensed person may compound a drug or device in the state;A state-licensed pharmacy or a distribution facility registered with the federal food and drug administration (licensed 503B outsourcing facility) may supply a compounded drug or device to a licensed health-care provider, pharmacy, facility, or organization; andA licensed health-care provider, pharmacy, facility, or organization may obtain, dispense, or administer a compounded drug or device supplied by a state-licensed pharmacy or a licensed 503B outsourcing facility.     In addition, the act prohibits the state board of pharmacy from adopting rules that are more restrictive than federal or state law regarding the compounding of drugs or devices by licensed 503B outsourcing facilities.     Current law exempts drugs that are intended solely for investigational use by experts qualified by scientific training and experience and that are plainly labeled for investigational use only from the sales and delivery prohibition for new drugs. The act also exempts from the prohibition:Drugs that are reviewed by an institutional review board and plainly labeled for investigational use only; andCompounded drugs and devices if the compounding of the drug or device is undertaken in accordance with applicable federal and state law.(Note: This summary applies to this bill as enacted.)

The act authorizes the communication services for people with disabilities enterprise board (board), in consultation with the division for the deaf, hard of hearing, and deafblind (division), to enter into a contract with a third-party researcher on or before July 1, 2027, to study sign language interpretation services for the deaf, hard of hearing, and deafblind community in the state. If the board enters into a contract with a third-party researcher, the act establishes certain interview, data-collection, and comparative research requirements for the study and requires the third-party researcher to report its findings, conclusions, and recommendations to the board and the division on or before July 1, 2028.(Note: This summary applies to this bill as enacted.)

The act increases participation, representation, and support for individuals 55 years old or older in the Colorado workforce and in organizations related to employment and the workforce by:Beginning in 2027, requiring the state work force development council (council), the Colorado commission on the aging, and other entities to meet twice a year, collect data, and work collaboratively on issues related to individuals in the workforce who are 55 years old or older;Beginning in 2028, and each year thereafter, requiring the department of labor and employment and the department of human services to jointly submit a report compiling the data collected by the council, the Colorado commission on the aging, and other entities to the general assembly and requiring the department of labor and employment, during the department's annual 'SMART Act' hearings, to summarize the report to certain legislative committees; andRequiring that the council, the commission on higher education, and the advisory committee to the commission on higher education, or their successor entities, each have at least one member serving on their governing entity that is at least 55 years old and either is actively involved in or has interest, knowledge, or experience in advocating for the interests of individuals who are 55 years old or older as related to the functions of each entity.(Note: This summary applies to this bill as enacted.)

The act defines 'first responder' to include:A peace officer;A firefighter;A volunteer firefighter;An emergency medical service provider; orA mental health professional who responds in a professional capacity to a justifiable medical emergency.     Existing law requires the emergency medical and trauma services advisory council (council) to review and approve new rules and modifications to rules prior to the adoption of such rules or modifications by the state board of health. The act requires the council to make recommendations for, instead of approve, rules and modifications to rules concerning emergency medical and trauma services prior to the adoption of such rules or modifications by the state board of health.     Beginning January 1, 2027, the act requires the department of health care policy and financing (state department) to reimburse the following entities under the 'Colorado Medical Assistance Act':An ambulance service for ground transportation by an ambulance or other vehicle to a hospital or other destination as deemed appropriate by the ambulance service's medical director;An ambulance service for treatment on the scene of a medical emergency, which treatment does not result in ground transportation; andA qualified provider, an ambulance service, or an agency for evaluation by telemedicine of a person being treated by an ambulance service or an agency for the purpose of preventing the need to transport the person to a hospital.(Note: This summary applies to this bill as enacted.)

The act allows the division of fire prevention and control to seek, accept, and expend gifts, grants, or donations to implement the requirements of the firefighter behavioral health benefits program.(Note: This summary applies to this bill as enacted.)

In current law, a person who is a member of the Colorado National Guard who is accepted for enrollment at a designated institution of higher education (member) has all their tuition costs waived. All tuition waiver costs are currently funded by the state from money in the Colorado National Guard tuition fund.     The act changes the funding mechanism of the Colorado National Guard tuition waiver program by requiring each designated institution of higher education to waive the remaining balance of a member's tuition cost in excess of the amount of any private, state, or federal financial assistance received. The act requires the department of military and veterans affairs to reimburse each institution for 50% of the cost of tuition waived by the institution and requires the general assembly to appropriate money to the Colorado National Guard tuition fund to cover the reimbursement.(Note: This summary applies to this bill as enacted.)

The act authorizes a local government or a special district (local government) to enter into an agreement with one or more entities for the purpose of providing the local government with service from a thermal energy network. A local government that is authorized by law to issue bonds may issue bonds for the purpose of financing thermal energy infrastructure, interconnections, or customer connections within the jurisdiction of the local government.     The act increases the net electric generating capacity of a community geothermal garden from 5 megawatts to 25 megawatts.     The act requires the Colorado energy and carbon management commission (commission) and the Colorado geological survey to collect data and information related to geological resources in the state. The commission shall make recommendations to encourage safe and effective development of geothermal resources and report those recommendations to the general assembly on or before November 15, 2026.     The act requires investor-owned electric utilities (utilities) to identify small-scale geothermal projects and large-scale geothermal projects (geothermal projects). The utility must solicit proposals for the development of small-scale geothermal projects of up to 25 megawatts of net electric generating capacity and large-scale geothermal projects that are greater than 25 megawatts of net electric generating capacity. The utility shall submit applications for the development of the geothermal projects to the public utilities commission if the utility receives a bid in response to the request for proposals. The public utilities commission must review the application and approve, conditionally approve, deny, or modify the application within 120 days after receiving the application.(Note: This summary applies to this bill as enacted.)

Section 2 of the act prohibits a person that is licensed by the Colorado limited gaming control commission (commission) to operate an internet sports betting operation (internet sports betting operator) from:Accepting more than 6 separate deposits from an individual in a gaming day; orInitiating or sending mobile device push notifications or text messages to account holders in the state soliciting bets or deposits.     Section 3:Prohibits a sports betting operation or its marketing affiliate from targeting, or creating advertising content that is clearly meant for, persons under 21 years old or from advertising on media for which the majority of the demographic audience is reasonably expected to be under 21 years old; andRequires an internet sports betting operator, on an annual basis, to provide to the division of gaming in the department of revenue (division) data and metrics related to the operator's sports betting operation for the preceding calendar year. The division must compile the data into a public report every 3 years starting on January 1, 2029.     Section 4 prohibits an internet sports betting operator from accepting deposits using a credit card in connection with the acceptance of a sports bet (prohibition). A violation of the prohibition constitutes a class 2 misdemeanor.     Section 5 allows the commission to assess a maximum penalty of $25,000 against a violator of the prohibition.     Section 6 requires that the amount of money annually transferred from the sports betting fund (fund) to the water plan implementation cash fund is no less than the amount transferred to the water plan implementation cash fund in the previous state fiscal year.     $124,623 is appropriated from the legal services cash fund to the department of law to provide legal services to the department of revenue in implementing the act. The appropriation is from revenue received from the department of revenue that is continuously appropriated to the department of revenue from the fund.(Note: This summary applies to this bill as enacted.)

The act requires the Colorado bureau of investigation to transmit a list of missing children to the Colorado department of education (department) instead of each school district and requires the department to notify the bureau if the department's list of enrolled students includes information about a missing child.     The act repeals the requirement for a school district, board of cooperative services, district charter school, or institute charter school to have paper and pencil assessment policies for state-administered assessments in public schools.     The act allows a school district or a charter school network with 1,200 students or fewer to submit a single plan to satisfy school district, school network, or school accreditation plan requirements.     The act prohibits the department from representing as mandatory a voluntary data collection request to a school district, the state charter school institute, or a public school and prohibits the department from conditioning any benefit unrelated to a specific grant on the completion of a voluntary data collection request.(Note: This summary applies to this bill as enacted.)

Under current law, the public utilities commission (commission) may assess a civil penalty in an amount up to $550 against a transportation network company (TNC) if the TNC had written notice of a TNC driver's violation of certain prohibitions against discriminating against riders and the TNC failed to reasonably address the violation. Additionally, a driver is required to report to the TNC any refusal by the driver to provide services to a rider, and the TNC is required to annually report all such refusals to the commission.     The act removes the condition that a TNC first have written notice of a driver's violation of the discriminatory prohibitions before a civil penalty may be assessed against the TNC, increases the maximum civil penalty to $1,300, and requires the commission to consider certain mitigating and aggravating factors in determining whether to assess a civil penalty and the amount of a penalty assessed. The act also requires:A TNC to mandate and provide education to drivers concerning the transportation of riders with service animals;A TNC to provide monthly, rather than annual, reporting to the commission regarding drivers' refusal to provide services;A TNC to provide a mechanism to allow a consumer to report a driver's refusal to provide transport to the consumer directly on the TNC's digital platform, which information must be included in the TNC's monthly report; andThe commission to aggregate and anonymize the TNCs' monthly reports and make the anonymized reports available to the public.(Note: This summary applies to this bill as enacted.)