Rep. Lesley Smith

The act requires all commercial vehicles to have a muffler. The muffler must be located so that it may be visually inspected to ensure it is present, intact, and functioning properly; except that a muffler need not be visible for inspection if certain documentation is present in the commercial vehicle and available for inspection by a peace officer. Standards are set for the necessary documentation. The act increases the fine for a violation from $500 to $1,000. The fine is not imposed if the owner or operator can show that a muffler was installed before the citation was issued and that the muffler complied with the manufacturing noise standards for the model year of the commercial vehicle. The fine is decreased by 50% if a muffler is installed within 30 days after the citation is written. The act applies to commercial vehicles with an internal combustion engine and does not apply to farm vehicles. State agencies must include language in construction contracts stating that a contractor's or subcontractor's commercial vehicle that enters a public project site is required to comply with 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 bill creates the septic-system replacement enterprise (enterprise), which operates as a government-owned business imposing and collecting a fee charged on septic-system permits and using the fee revenue to provide loans to replace failing septic systems (loan program). The enterprise is governed by a board that consists of 7 members appointed by the governor as follows: One member who is a county commissioner in a county that has rural areas; One member who is a member of a county board of health in a county that has rural areas; One member who is a member of a governing body of a municipality that has septic systems; One member who represents the department of public health and environment (department); One member who represents the department of local affairs; One member who represents an association of counties within Colorado and who lives in a rural area; and One member who is a rural homeowner with a septic system. Each member of the board serves at the pleasure of the governor. The term of appointment is 4 years, with some members having staggered terms. Members of the board serve without compensation but are entitled to receive reimbursement for actual and necessary expenses incurred in the performance of the members' duties on the board. The board will meet as necessary. The enterprise will impose a fee on septic-system permits and administer the collection of the fee, and the enterprise may issue revenue bonds, buy and sell property, enter into contracts, sue or be sued, hire employees, set up an office, place liens on property, adopt rules, and take any action necessary to implement the bill. Starting January 15, 2027, and by January 15 each year through 2029, the enterprise will submit a written report to the governor, the joint budget committee, the house of representatives transportation, housing, and local government committee, and the senate local government and housing committee. The report must include: An accounting of the number of loans made under the loan program, the total amount of the loans, the average amount of a loan, and the number of septic systems replaced as a result of the loan program; An evaluation of the loan program; and Any legislative recommendations for the loan program. The enterprise will impose a septic-system enterprise fee on each permit to install or replace a septic system. The fee is: $10 if the fee for the septic-system permit is less than $500; $50 if the fee for the septic-system permit is $500 or more but less than $1,000; $100 if the fee for the septic-system permit is $1,000 or more but less than $1,400; and $200 if the fee for the septic-system permit is $1,400 or more. The enterprise must consult with and coordinate with the water quality control commission (commission) and local boards of health that issue septic-system permits. The division of administration within the department and the local government that issues the permit may retain up to 5% of the fee to cover administrative costs. When the fee revenue is projected to exceed the amount reasonably necessary to implement the loan program and administer the bill, the enterprise shall adjust the amount of the fee so that the revenue will equal the amount of money needed to reasonably administer the loan program. The commission may adopt rules to implement the division of administration's collection of the fee. The fee will be used by the enterprise to establish the loan program, which makes interest-free or low-interest loans to low-income or low-credit-score households to replace failing septic systems. The enterprise will contract with at least 2 community development financial institutions (financial institutions) to administer the loan program. Standards are set for a financial institution to qualify to administer the loan program. The financial institution must enter into a contract with the enterprise. The bill sets contract standards, including authorization for a financial institution to include an administration fee in an amount reasonably calculated to cover the costs to implement the contract. A financial institution will use the money collected from the fee to make loans to eligible homeowners in low-income or low-credit-score households for the purpose of replacing septic systems. The financial institution may establish reasonable standards and procedures to make loans in compliance with the bill and the contract. The enterprise or the department may seek, accept, and expend gifts, grants, or donations from private or public sources to fund the bill. (Note: This summary applies to this bill as introduced.)

Subject to local voter approval, the act increases the maximum allowed rate of a county lodging tax levied on the purchase price paid or charged to persons for rooms or accommodations from 2% to 6% and expands the allowed uses of lodging tax revenue to include: Public infrastructure maintenance or improvements; or Enhancing public safety measures by funding local law enforcement, fire protection services, and emergency medical services. If a county received voter approval before January 1, 2025, to specifically allocate portions of revenue from the lodging tax to allowed uses for designated purposes, the act clarifies how those previously approved allocations are preserved and how revenue attributable to an increase in the tax rate may be allocated by the county. (Note: This summary applies to this bill as enacted.)

The state board of land commissioners (state board) serves as the trustee for lands granted to the state in public trust for the support of public schools (state trust lands). The state board is responsible for the management and protection of the state trust lands, including by protecting and enhancing the natural features, open space, and wildlife habitat of the state trust lands. The act requires various appointing authorities to appoint members to a state trust lands conservation and recreation work group (work group) to study opportunities to advance conservation and recreation activities on state trust lands as part of the state board's long-term stewardship of the state trust lands while maintaining the state board's fiduciary responsibilities regarding its management of the state trust lands. On or before September 1, 2026, the work group is required to make recommendations to the state board, the governor, the committees of the general assembly with jurisdiction over natural resources matters, and the executive director of the department of natural resources (department) based on the study. On or before February 15, 2027, the state board must take into consideration the work group's recommendations and adopt an administrative policy or rules to establish: A process governing the implementation of conservation leases and related instruments on state trust lands; A process to substantiate how the state board balances revenue generation with conserving the long-term value of state trust lands; A schedule to review and update by December 2028, if necessary, all existing stewardship trust management plans or other applicable plans; and Any other policies or rules the state board deems necessary to implement section 10 of article IX of the state constitution. For the 2025-26 state fiscal year, the act appropriates $393,506 from the state land board trust administration fund to the department for use by the state board. (Note: This summary applies to this bill as enacted.)

No later than January 1, 2026, the act requires the department of human services to submit an application to the United States department of agriculture food and nutrition service to implement a restaurant meals program that allows eligible supplemental nutrition assistance program recipients to purchase hot or prepared foods at participating restaurants. (Note: This summary applies to this bill as enacted.)

The act defines a subject jurisdiction as a municipality with a population of 100,000 or more that is served by a fire protection district, fire authority, or fire department that is or was accredited by a specified organization. The act only applies to a subject jurisdiction and only to the area within a subject jurisdiction that is served by a single fire protection district or fire department. On or before December 1, 2027, the act requires the governing body of a subject jurisdiction to adopt a building code, or amend an existing building code, to allow up to 5 stories of a multifamily residential building that satisfies certain conditions to be served by a single exit. The act requires a subject jurisdiction to provide notice of the adopting or amending of the subject jurisdiction's building code to the local International Association of Fire Fighter's affiliate and the Colorado Professional Fire Fighters Association. In connection with multifamily residential buildings served by a single exit, the act requires: A subject jurisdiction to coordinate with a fire protection district, fire department, or fire authority concerning aerial apparatus access to these buildings and the site design of these buildings; These buildings to maintain their legal occupancy status, even if they would otherwise lose that status under future building codes; A subject jurisdiction to allow, with certain limitations, the reconstruction of these buildings according to the standards under which they were originally built after the buildings are damaged or destroyed; and A landlord, manager, or owner of one of these buildings to conduct inspections of the dwelling units of such a building. The act also requires a subject jurisdiction, beginning December 1, 2028, to report to the state demography office in the department of local affairs on the number of multifamily residential buildings served by a single exit and on certain qualities of those buildings. Similarly, in January 2032, the act requires the department of local affairs to report on the implementation of this act as part of the department's "SMART Act" hearing. (Note: This summary applies to this bill as enacted.)

Section 1 of the act defines a "major political party vacancy election", which is an election that is conducted as part of an odd-year coordinated election to fill a vacancy in the general assembly. Section 2 requires that a vacancy committee that is selected by a state senatorial central committee or state representative central committee consist of, in addition to the members of the state senatorial or state representative central committee, any county commissioners who are members of the political party and reside within the state senatorial or state representative district. Section 2 also provides that if a vacancy in the office of precinct committee person is filled, the new appointee shall not participate in the vacancy committee process to fill a vacancy in the general assembly until, at the earliest, 91 days after appointment. For a major political party vacancy election that is part of an odd-year coordinated election for which the state has not otherwise certified any statewide ballot content, section 3 requires the state to reimburse each county in which the state has certified a major political party vacancy election for 45% of the costs that the county incurs in conducting the coordinated election. Section 4 modifies the way that vacancies in the general assembly are filled when the vacating member is affiliated with a major political party by requiring that, if the vacancy occurs on or after July 31 of an even-numbered year and before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next odd-numbered year coordinated election, when the vacancy must be filled at the odd-year November election (major political party vacancy election); except that, if the vacant seat is scheduled to be on the ballot at the next general election in an even-numbered year and the vacancy occurs on or after July 31 of that even-numbered year but before 90 days remain in the vacant term, the remainder of the vacant term must be filled by a vacancy committee. The candidate elected in the major political party vacancy election serves until the next general election, when the vacancy must be filled by election. If a vacancy in the general assembly occurs on or after July 31of an odd-numbered year and before July 31 of an even-numbered year and the vacating member is affiliated with a major political party, no major political party vacancy election is held and the vacancy is filled by a vacancy committee. The only candidates who may run in a major political party vacancy election are candidates who are members of the same political party and residents of the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. The only voters who may vote in the major political party vacancy election are voters who are unaffiliated or are members of the same political party as the former member of the general assembly whose seat is vacant and who reside in the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. A candidate must be placed on the ballot for a major political party vacancy election only if the candidate: Files with the secretary of state and the candidate's major political party before 5 p.m. on the seventieth day preceding the major political party vacancy election, a nominating statement signed by 30% of the district vacancy committee members; or Submits to the secretary of state, no later than 30 days after their petition format has been approved or 85 days prior to the major political party vacancy election, whichever is sooner, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are affiliated with the same major political party as the candidate and are eligible to vote in the district for which the candidate is to be elected. If a vacancy committee member signs a nominating statement after having signed another nominating statement filed for the same office in the same major political party election, the vacancy committee member's signature only counts toward the 30% of applicable vacancy committee member signatures required on the first nominating statement submitted that contains the signature. If an eligible elector signs a petition after having signed another petition submitted for the same office in the same major political party election, the elector's signature only counts toward the 200 elector signatures required on the first petition submitted that contains the signature. Section 4 also provides that a major political party may choose to continue to fill a vacancy in the general assembly by vacancy committee rather than by a major political party vacancy election if at least 75% of the total voting membership of the party's state central committee affirmatively votes to do so, and requires vacancy committee meetings to fill vacancies in the general assembly to be accessible in real time by live streaming video or audio that is recorded and accessible to the public. Section 5 defines a vacancy contender for the purpose of campaign finance regulations as any person who seeks to be selected by a vacancy committee to fill a vacancy in the general assembly (vacancy contender) and adds vacancy contenders and candidates running in major political party vacancy elections to the definition of candidate for the purpose of campaign finance regulations. Section 6 establishes contribution limits for a candidate committee established in the name of a candidate who is a vacancy contender and a candidate who is running for a major political party vacancy election. Section 7 requires disclosures for contributions related to vacancy contenders and candidates running for a major political party vacancy election. Disclosures for vacancy contenders must be filed on the Monday of each week during the election cycle for the vacancy committee selection process. Disclosures for candidates running for a major political party vacancy election must be filed on the first day of each month beginning the sixth full month before the major political party vacancy election; on the first Monday in September and on each Monday every 2 weeks thereafter before the major political party vacancy election; and 35 days after the major political party vacancy election. (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.)