Rep. Yara Zokaie

The act creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: Reinstatement; Back pay with interest; Any other equitable relief the court deems appropriate; Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and Reasonable attorney fees and costs. The act creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years. The act does not apply to an employee who provides false information or who does not follow internal reporting and administrative procedures related to whistleblower conduct. All law enforcement agencies shall provide a training to employees or a workplace posting, or both, regarding the requirements of the act. (Note: This summary applies to this bill as enacted.)

The act amends the definition of a "portable tenant screening report" (screening report) to specify that a prospective tenant using a housing subsidy is not required to include a credit history report, a credit score, or an adverse credit event with the tenant's screening report. The act also repeals language allowing a landlord to require a tenant to make a screening report directly available to the landlord through a consumer reporting agency or third-party website. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado sexual assault forensic medical evidence review board (board), consisting of the attorney general, or their designee, as board chair; the executive director of the Colorado district attorneys' council, or their designee; and various members appointed by the attorney general or the governor. The board's duties include reviewing and monitoring processes related to sexual assault response, making recommendations to improve sexual assault response, and submitting an annual report concerning its duties. The act creates a notification requirement under the "Victim Rights Act" that requires a law enforcement agency to notify a victim every 90 days when the law enforcement agency has not received the results of the forensic medical evidence DNA analysis from an accredited crime laboratory. The act requires an accredited crime laboratory to endeavor to analyze forensic medical evidence within 60 days after its receipt. The act expands public reporting requirements concerning forensic medical evidence and DNA evidence backlogs. For the 2025-26 state fiscal year, the act appropriates $112,365 from the general fund to the department of law for use by the administration division to implement the act. (Note: This summary applies to this bill as enacted.)

The act requires a foreign third-party litigation funder (funder) that enters into a litigation financing agreement (agreement) to disclose and submit certain information to the Colorado attorney general. The act prohibits a funder from: Utilizing a domestic entity as a means of providing litigation financing to a party or attorney in a civil action; Deciding, influencing, or directing an attorney with respect to the conduct of the civil action or any settlement or resolution of the civil action; Assigning rights to profits other than the right to receive a share of the proceeds awarded in the civil action as outlined in the agreement; or Sharing proprietary information, or information affecting national security interests obtained as a result of the agreement for the civil action, with anyone who is not a party or an attorney. The act subjects an agreement to discovery under the Colorado rules of civil procedure and Colorado rules of evidence. The act deems an agreement entered into by a funder void if the funder fails to comply with the activity and disclosure requirements. A funder's failure to comply with the requirements of this act constitutes a deceptive or unfair trade practice. The act allows the attorney general to bring legal action against a funder to enforce compliance with the act, impose fines, prohibit a funder from operating in this state, or impose any other sanction the attorney general deems appropriate for a violation of the activity or disclosure requirements. The act requires the department of law to include information about funders in its annual "SMART Act" hearing annually, beginning in January 2026. (Note: This summary applies to this bill as enacted.)

The act amends the statutes that require a person to possess a permit in order to boot a vehicle to apply any application, without the appropriate consent, of a device intended to prevent the normal operation of a motor vehicle. The act allows the public utilities commission (commission) to suspend, revoke, or refuse to renew a permit to immobilize a vehicle for felonies and immobilization-related offenses. An applicant must disclose each person that is an owner, a principal, an officer, a member, a partner, or a director of the vehicle immobilization company (company) in an application. The commission is authorized to deny an application for or suspend, revoke, or refuse to renew a permit of a company based on a determination that it is not in the public interest for the company to possess a permit. The determination is subject to appeal. Possession of a permit is rebuttably presumed to be not in the public interest if a company has willfully and repeatedly failed to comply with the relevant law. The act adds the following new duties for companies: Before immobilizing a vehicle, the company must document the vehicle's condition and the reason for the immobilization. Standards are set for the documentation, including taking photographs. Upon demand by an authorized or interested person, the company must provide copies of the photographs, and if the company does not provide the photographs and a vehicle is damaged, it creates a rebuttable presumption that the company damaged the vehicle or did not have authority to immobilize the vehicle; A company shall display its name, the permit number, and a phone number of the company on each company vehicle used in immobilization. Standards are set for the display. The representative of a company must have business identification visibly worn at all times while immobilizing a vehicle or accepting payment; If a vehicle has been immobilized by a company, another company must not immobilize the vehicle; If a company applies more than one immobilization device to a vehicle, the company may not charge more than once for the removal of all the immobilization devices; A company must provide, upon request, evidence of the company's commercial liability insurance coverage; A company must immediately accept payment and release the vehicle if offered in cash or by valid major credit card; Upon request, a company must disclose accepted forms of payment; A company must provide an itemized act showing each charge and the rate for each fee incurred as a result of an immobilization and any fee that caused the immobilization; and A company may not pay money or provide other valuable consideration for the privilege of immobilizing vehicles. A company is prohibited from immobilizing a vehicle on private property unless: The immobilization is ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; or The company has received permission for each individual immobilization, within the 24 hours immediately preceding the immobilization, from a specified person. The company must retain the permission for 3 years. A property owner with tenants must give each tenant adequate notice of parking regulations as outlined in the act. A company may not immobilize a vehicle in a parking space or common parking area without the company or property owner giving 24 hours' written notice at least 24 hours before immobilizing the vehicle, unless the vehicle owner or operator has received a previous notice for parking inappropriately in the same manner. Standards are set for the notice. The company or property owner need not give the notice if one of the following apply but must place a notice on the immobilized vehicle that contains the phone number of the company, the normal operating hours of the company, and the phone number to contact the company outside of normal operating hours if: The vehicle is parked a second or subsequent time in the same inappropriate manner; The vehicle is parked in a designated and marked fire zone or is effectively obstructing a fire hydrant; The vehicle is inappropriately using reserved parking for people with disabilities; The immobilization is ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; The vehicle blocks a driveway or roadway enough to effectively obstruct a person's access to the driveway or roadway; The vehicle is parked in a designated, rented, or purchased parking space of a resident; or The vehicle is parked in a parking lot marked for the exclusive use of residents. To immobilize a vehicle on private property normally used for parking, the following must be provided upon entering the private property: Notice of the parking regulations; and Notice that a violation of the regulations subjects the vehicle to immobilization at the vehicle owner's expense. Unless the immobilization is based on an order given by a peace officer, a company may not immobilize a vehicle on private property because the vehicle's registration has expired. For a company to immobilize a vehicle, the property owner must have posted signage that meets the size, visibility, and placement standards of the act and contains the following information: The restriction or prohibition on parking; The times of the day and days that the restriction is applicable, but, if the restriction applies 24 hours per day, 7 days per week, the sign must say "Authorized Parking Only"; Notice that violating the regulation subjects the violating vehicle to be immobilized at the vehicle owner's expense; and The name and telephone number of the company authorized to perform immobilization on the private property. A company may not patrol or monitor property to enforce parking restrictions on behalf of a property owner. A company may not immobilize a vehicle because the vehicle is inoperable if the vehicle is owned by a resident and is parked in the resident's designated, rented, or purchased parking space or driveway or in a mobile home lot that is leased or owned by the resident. If a company has immobilized a vehicle on private property, the company must give a written notice of the person's ability to make a complaint to the commission in accordance with the standards of the act. A company must release a motor vehicle either within 120 minutes after being contacted outside the company's normal business hours or within 90 minutes during the company's normal business hours. A company must immediately release a vehicle without charge to a towing carrier when evidence is presented that the towing carrier has authorization to conduct a nonconsensual tow or law-enforcement-directed tow. A company must immediately release an immobilized vehicle if the person retrieving the vehicle pays $60 and the person signs a form affirming that the authorized or interested person owes the company payment for the appropriate fees. A company may remotely release an immobilization device from a vehicle. The company shall retrieve the immobilization device within 120 minutes after releasing it. The driver must move the immobilization device from the road so that it is not a hazard to vehicles or pedestrians unless the driver has a physical limitation that makes moving the device unreasonably difficult or impossible. The driver need not return the device to the company or a location specified by the company. A company must charge a reduced release charge set by the commission and immediately release the vehicle if the vehicle is released after an employee of or agent of the company starts to immobilize the vehicle but before the agent or employee leaves the private property. A company must retain evidence of giving the notices and disclosures required in the act for 3 years and provide the evidence to the commission or an enforcement official upon request. Generally, the act does not apply to an immobilization that is: Ordered by a peace officer or technician directed by a peace officer; In a parking space that serves a business if the parking space is on commercial real estate; Ordered by a municipality, county, or city and county; or On federally leased land used for commercial parking purposes. A violation of the act is generally a deceptive trade practice and is subject to enforcement by the attorney general's office or a district attorney. (Note: This summary applies to this bill as enacted.)

The healthy school meals for all program (program) reimburses participating school food authorities for meals that those authorities provide to students without charge. Section 2 of the act allows the amount of these reimbursements to be modified in 2 different scenarios. First, if a referred measure that would, in combination with the income tax deduction modification that was approved by the voters in connection with the program, result in the collection of at least $150 million for the income tax year commencing on January 1, 2026, is not approved by the voters voting on the referred measure at the 2025 statewide election, the department of education (department) is required to only provide reimbursements to participating school food authorities for meals served at eligible sites. Eligible sites are those that either: Qualify for the community eligibility provision program, as that program exists on November 15, 2025; or Are identified as eligible sites by the department based on the amount that the general assembly appropriates for the purpose of providing reimbursements to a participating school food authority for offering eligible meals without charge and the percentage of a site's student enrollment who are certified as eligible for free meals based on documentation of benefit receipt or categorical eligibility as described in federal rule, or any successor regulations. Second, if the department, in consultation with the office of state planning and budgeting, determines that the amount that the general assembly appropriated for the purpose of providing reimbursements to a participating school food authority is less than the costs of the department providing those reimbursements, the department may determine a prorated reimbursement amount for the reimbursements that the department provides through the program to each participating school food authority for the remainder of that budget year. Sections 4 and 6 limit the existing authority of the department, if the department determines that there is an insufficient amount of money in the healthy school meals for all program cash fund (fund) for the department to provide reimbursements to a participating school food authority for offering eligible meals without charge, to make an expenditure from the general fund to provide those reimbursements to state fiscal years commencing on or before July 1, 2024. Section 3 allows the general assembly to appropriate money from the state education fund to cover program costs for which there is not sufficient money in the fund, as it was required to do for state fiscal years 2024-25, for state fiscal year 2025-26. Section 4 requires the department, on January 15, 2027, in consultation with the office of state planning and budgeting, to report to the joint budget committee on whether there is a sufficient balance in the fund for: The state treasurer to transfer an amount from the fund to the state education fund equal to the total amount of expenditures from the state education fund for the program for state fiscal years 2022-23, 2023-24, 2024-25, and 2025-26 minus the amount of additional tax revenue deposited in the state education fund as a result of the increase in state income tax generated in connection with voter approval of the program for those same fiscal years; and The department to provide reimbursements to a participating school food authority for offering eligible meals without charge. Section 8 extends the local school food purchasing program indefinitely, so that the program extends beyond the 2024-25 school year. Section 9 similarly extends the required reporting on the local school food purchasing program. Section 11 decreases the appropriation for school meal reimbursements provided through the program from the general fund by $42,240,242 and increases the appropriation from the state education fund by $8,119,271 for the same purpose. (Note: This summary applies to this bill as enacted.)

The act refers 2 ballot issues to the voters at the November 2025 statewide election concerning funding for the healthy school meals for all program. Section 2 refers a ballot issue to the voters at the November 2025 statewide election to allow the state to retain and spend state revenue that would otherwise need to be refunded for exceeding the estimate in the ballot information booklet analysis for Proposition FF and to allow the state to maintain the increases in state taxable income established in Proposition FF that would otherwise need to be decreased. If voters reject the ballot issue, the state will both: Refund $12,430,388 to individuals who have a federal taxable income of $300,000 or more and claimed itemized or standard state income tax deductions greater than $12,000 for single tax return filers and $16,000 for joint tax return filers; and Adjust the limit on itemized deductions established in Proposition FF to a level that would have reduced the amount of income tax revenue attributable to these itemized deductions by $12,430,388. If voters approve the ballot measure: The state will not refund $12,430,388 to individuals who have a federal taxable income of $300,000 or more and claimed itemized or standard state income tax deductions greater than $12,000 for single tax return filers and $16,000 for joint tax return filers; and The increases in federal taxable income as a result of Proposition FF will stay at the levels established by Proposition FF. Section 3 refers a ballot issue to the voters at the November 2025 statewide election to allow the state to increase taxes by $95 million annually by increasing state taxable income to support the healthy school meals for all program. If voters approve the ballot issue: Income tax deductions for individuals who have a federal taxable income of $300,000 or more will be reduced from current levels to $1,000 for single filers and $2,000 for joint filers; and The state will allocate the additional revenue generated by the reduction in income tax deductions to the healthy school meals for all program. If voters reject the ballot issue, income tax deductions will not be reduced, and there will not be any additional revenue to be allocated to the healthy school meals for all program. In addition to the income tax changes and potential refunds that may result from voters approving or rejecting the ballot issues described in sections 2 and 3, the act also changes the healthy school meals for all program cash fund (fund) and healthy school meals for all programs. If voters approve the ballot issue submitted pursuant to section 2 and reject the ballot issue submitted pursuant to section 3, $1 million is transferred annually from the fund to local school food purchasing programs. If voters approve the ballot issue submitted pursuant to section 3, regardless of whether the voters approve the ballot issue submitted pursuant to section 2: The permissible distribution of local food purchasing grants is modified; Certain school food authorities are allowed to collaborate to implement advisory committees; The duties of an advisory committee are clarified; and The distribution of funds from the fund is changed so that the amounts distributed through local food purchasing grants for increasing wages or providing stipends for individuals whom the participating school food authority employs to directly prepare and serve food for school meals and through the local school food purchasing technical assistance and education grant program are modified based on the amount of money in the fund. NOTE: Certain provisions of the act are contingent on the results a measure concerning Proposition FF refunds or Proposition FF revenue increases being either approved or not approved by a majority of voters at the November 2025 statewide election.(Note: This summary applies to this bill as enacted.)

Under current law, if a consumer consents to an automatic renewal contract for a good or service through an online medium, the person that sells the good or service may provide the consumer with an opportunity to cancel the automatic renewal contract either online or in person. The act changes this provision to state that the person that sells the good or service is required to provide the consumer with an opportunity to cancel the automatic renewal contract online if the consumer consented to the automatic renewal contract through an online medium. If the consumer consented to the automatic renewal contract through other means, the person is required to provide the consumer with an online cancellation link or an in-person mechanism for canceling the automatic renewal contract. The person that sells the good or service may display a discounted offer, a retention benefit, or information regarding the effects of cancellation if the person simultaneously displays a direct link to cancel the automatic renewal contract. The attorney general may adopt rules to implement and enforce the act. (Note: This summary applies to this bill as enacted.)

The act creates a working group to make findings and recommendations concerning the use of colorimetric field drug tests in the various stages of criminal proceedings and carceral settings. The act specifies the working group's membership and appointing authority, as applicable. The working group is required to: Make findings concerning the prevalence of the administration of colorimetric field drug tests in Colorado and the potential harms that result from such administration; Make findings and recommendations for legislation or policy solutions to eliminate harms from the use of colorimetric field drug tests, administering the tests for presumptive purposes only, and how to prevent future harms resulting from administering such tests; and On or before December 1, 2025, submit a report of its findings and recommendations to the judiciary committees of the house of representatives and the senate. On or before June 13, 2025, the director of the legislative council shall use a request for proposal process to contract with and designate a nonprofit organization to provide staffing and facilitate the performance of the working group's duties, subject to the approval of the chair of the executive committee of the legislative council. The operation of the working group is contingent on awarding a contract and designating a nonprofit organization. If a contract is not awarded, then the working group does not operate. The act prohibits the use of the general fund money to contract with a nonprofit to facilitate the working group. (Note: This summary applies to this bill as enacted.)

The act defines "knowing misconduct" as a voluntary act or omission or series of acts or omissions consciously performed by a crime laboratory employee (employee) as a result of effort or determination in which the employee is aware that the employee's conduct is improper or deceptive and involves mishandling physical evidence or data or results, incorrectly performing forensic testing, presenting misleading or false results, concealing material information, or presenting false sworn testimony about evidence. The act defines a "significant event" as an act or omission by an employee that is a gross deviation from the standard operation procedures or accreditation requirements of the crime laboratory, or requirements in law that were applicable at the time of the act or omission of the employee, that could substantially negatively affect the integrity of the crime laboratory activities. The act requires an employee to report witnessed or discovered knowing misconduct or a significant event (collectively, "wrongful action") within 7 days of witnessing or discovering the wrongful action to the director of the crime laboratory (director) or to the employee's immediate supervisor, who shall report it to the director. A director who receives a report shall investigate the alleged wrongful action. As part of the investigation, the director must compile a list of all cases that the employee worked on. At the conclusion of the investigation, the director shall prepare a written final report. When an investigation is of alleged wrongful action in a pending case, the director shall notify each district attorney who has jurisdiction over the pending case about the investigation. At the conclusion of the investigation, if the investigation determines that the employee did not engage in wrongful action, the director shall deliver the final report to each district attorney who received notice of the investigation and to each district attorney who has jurisdiction over any case that was subject to investigation. If the investigation determines that the employee engaged in wrongful action, the director shall deliver the final report and all discoverable materials to each district attorney who has jurisdiction over any case that the employee worked on in an official capacity. If an investigation concerning wrongful action by a crime laboratory occurred after July 1, 2014, and before July 1, 2025, and the investigation resulted in criminal allegations filed against the employee or a sustained internal affairs action by the department supervising the employee, the director shall, as soon as practicable but no later than September 1, 2025, prepare a final report and provide the final report to all district attorneys with jurisdiction over any criminal case that is identified in the final report that is pending or has resulted in a conviction in that jurisdiction. Upon receipt of a notice from a director about an investigation into alleged wrongful action in a pending case, a district attorney shall notify the defendant in the case of the investigation. If the case involved a crime listed in the "Victim Rights Act", the district attorney shall also notify the victim about the alleged wrongful action, if the charges have been filed but the trial has not begun. A district attorney who receives a final report of an investigation that determines that a crime laboratory employee engaged in wrongful action in any case shall notify the defendant in that case, and each defendant whose case was reviewed as part of the investigation, of the determination of wrongful action. The act establishes a defendant's right to counsel in matters involving an employee's wrongful action and a right to investigate the wrongful action, to request discovery related to the wrongful action, and to seek post-conviction relief based on the wrongful action. The act permits a court to enter a protective order related to discovery requests. The act establishes a process for a defendant convicted in a case involving an employee's wrongful action to petition for post-conviction relief based on the wrongful action. If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that a wrongful action was material to the case, the court shall decide the claim upon the merits after an evidentiary hearing. At the evidentiary hearing, the defendant has the burden to show that the employee committed the wrongful action and that the wrongful action is material to the case. If the defendant meets their burden, the court shall vacate the defendant's conviction and grant a new trial. The act makes all records related to an investigation criminal justice records and makes release of the records governed by the existing law governing criminal justice records; except that the custodian of a final report that concludes that a crime laboratory employee engaged in wrongful action may deny inspection of the report if there is an ongoing criminal investigation or criminal case. The act appropriates $140,433 from the general fund to the judicial department for use by the state courts. (Note: This summary applies to this bill as enacted.)