Rep. Yara Zokaie

Under current law, the title board must set a ballot title for an initiative petition that is brief, does not conflict with another title for an initiative petition filed for the same election, and is in the form of a question that may be answered 'yes/for' or 'no/against' and that unambiguously states the principle of the provision sought to be added, amended, or repealed by the initiative. The act adds a requirement that the title board write a ballot title using accessible language, which means plain language that is understood by the widest possible audience. In determining whether a ballot title is written using accessible language, the title board may consider whether the title:Avoids using legal, technical, or specialized terminology when possible;Clearly identifies the principal change in law or policy proposed by the proposed statutory or constitutional amendment;Avoids unnecessary qualifiers, double negatives, and overly complex phrasing;Organizes clauses so that the effect of a 'yes/for' or 'no/against' vote is readily understood; andPresents necessary information within the ballot title in a logical and readable order.     In addition, current law requires that specific language appear in the ballot title for certain initiatives that increase or reduce tax revenue. For initiatives that reduce state tax revenue or local district property tax revenue through a tax change, this required language must appear at the beginning of the ballot title. For initiatives that increase tax revenue for any district through a tax change, this required language must appear directly after language required by the Taxpayer's Bill of Rights. The act modifies these statutory provisions so that the required ballot title language must only be substantially similar to the specific statutory language and may appear anywhere in the ballot title.     The act applies to initiative petitions submitted to the secretary of state for title setting on or after the effective date of the act.(Note: This summary applies to this bill as enacted.)

The act establishes a bill of rights for adults subject to guardianship (ward) and details what decisions a court may authorize a guardian to make on behalf of a ward.     The act updates the duties of a guardian to include a duty to notify the ward at least 30 days before the ward is permanently moved to a nursing home, mental health institution, or other facility that restricts the ward's ability to leave the facility or have visitors.     On or before November 1, 2027, and November 1, 2028, the act requires the state court administrator's office to submit a report detailing the fiscal impact of this act on the judicial department to the joint budget committee, the senate judiciary committee, and the house of representatives judiciary committee, or their successor committees, and requires the state court administrator's office to create the report using existing data sources.(Note: This summary applies to this bill as enacted.)

The act prohibits a school district, a charter school authorized by a school district, a charter school authorized by the state charter school institute, the state charter school institute, or a board of cooperative services that operates one or more public schools (LEP) from discriminating against an individual who has a disability and who is entitled to a free public education (qualified student with a disability) based on the student's disability.     The act requires an LEP to allow a qualified student with a disability to participate in and enjoy the benefits of the provider's programs, services, or activities in the same manner as a student without a disability. When providing any aid, benefit, or service, an LEP shall not, based on disability:Deny a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service in a manner that is equal to that afforded to other students;Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to other students;Provide different or separate aids, benefits, or services to a qualified student with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to other students;Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, an organization, or a person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the LEP's educational program or activity; orOtherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by students without disabilities who receive an educational aid, benefit, or service.     The act prohibits an LEP from using criteria or methods of administration that:Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the LEP's program or activity with respect to a qualified student with a disability; orPerpetuate the discrimination of another LEP if both LEPs are subject to common administrative control or are agencies of the state.     In determining the site or location of a facility, an LEP may not make selections that:Exclude a qualified student with a disability from a facility or deny a qualified student with a disability the benefits of a facility, or that otherwise subject a qualified student with a disability to discrimination; orHave the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability.     The act requires an LEP to:Adopt a disability rights grievance process that incorporates appropriate due process standards and that is satisfied by following the grievance procedures in section 504 of the federal 'Rehabilitation Act of 1973' and to designate at least one responsible employee to oversee compliance with the provisions of the act relating to discrimination and to serve as a point of contact for students and families;Make a reasonable modification to a policy, practice, or procedure when the modification is necessary to avoid discriminating against a qualified student with a disability on the basis of disability;Provide a reasonable accommodation to a parent with a disability who is seeking appropriate access to programs and activities for parents in relation to that parent's child;Ensure that a communication to a qualified student with a disability is as effective as a communication to a student without a disability and to furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the LEP;Ensure that a qualified student with a disability is not denied access to the LEP's services, programs, or activities because of facilities inaccessible to a qualified student with a disability;Provide a free and appropriate public education to each qualified student with a disability who is in the LEP's jurisdiction, regardless of the nature or severity of the student's disability, and if necessary, ensure adequate transportation to and from any placement premises;Provide for the free and appropriate public education of each qualified student with a disability with students without disabilities to the maximum extent appropriate to the needs of the qualified student with a disability; Place a qualified student with a disability in the regular educational environment operated by the LEP unless it is demonstrated that the education of the student in that environment with the use of supplementary aids and services cannot be achieved satisfactorily;Provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford a qualified student with a disability an equal opportunity to participate in the services and activities;At least annually, identify and locate every qualified student with a disability residing in the LEP's jurisdiction who is not receiving a free and appropriate public education and take appropriate steps, with the permission of the qualified student with a disability and their parent, to evaluate the student; Ensure that a qualified student with a disability is free from harassment that is sufficiently serious to create a hostile environment or interfere with or limit the student's ability to participate in or benefit from the LEP's services, activities, or opportunities; andConduct evaluations and reevaluations of a student in the student's primary language, communicate with a parent with limited English proficiency in a manner that provides meaningful access to information, and provide interpretation and translation services for communication with a parent with limited English proficiency.     Subject to sufficient funding or resources, certain provisions of the act take effect, which:Allow the department of education (department) to provide training and technical assistance to LEPs about the requirements of the act;Establish a complaint process and specifies that the department may investigate and resolve complaints of alleged violations of the provisions of the act pursuant to the complaint process;Specify the circumstances under which an individual may file a complaint with the department;Allow the department to order specified remedies as determined necessary by the department to remedy violations occurring pursuant to the act and to prospectively ensure compliance, if the department finds a violation; and Allow the state board of education (board) to withhold state funds from an LEP if the board determines that the LEP has intentionally violated the provisions of the act and demonstrated an unwillingness to enter into a corrective action plan to address the violation. No later than December 31, 2026, the board shall adopt rules that establish procedures for the withholding of funds. The board must provide due process to an LEP before state funds are withheld.     The act prohibits an LEP from coercing, intimidating, threatening, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the act, the federal 'Individuals with Disabilities Education Act', the 'Americans with Disabilities Act of 1990', the 'Exceptional Children's Educational Act', or the 'Protection of Students from Restraint and Seclusion Act' (anti-discrimination laws) because an individual:Makes, has made, or because an LEP believes an individual has made or will make, a complaint pursuant to an anti-discrimination law; orTestifies, assists, or participates in any manner in an investigation or proceeding regarding an allegation or complaint pursuant to an anti-discrimination law.(Note: This summary applies to this bill as enacted.)

The act prohibits the Colorado lottery or any licensed lottery retailer from selling lottery tickets or instant scratch game tickets produced by the lottery for sale to the public on a credit basis.(Note: This summary applies to this bill as enacted.)

The act allows persons who are indigenous to receive compensation for traditional Native American healing ceremonies and practices and related expenses under the 'Colorado Crime Victim Compensation Act', which includes:Traditional counseling and healing from an elder or spiritual healer;Traditional ceremonial practices;Ceremonial burials, including clothing for the deceased, meals, and other related expenses;Child care during burial ceremonies;Reimbursement for honoraria provided in connection with ceremonial services; andReasonable travel expenses related to the traditional Native American healing ceremonies and practices.(Note: This summary applies to this bill as enacted.)

Section 20 of article X of the state constitution (the Taxpayer's Bill of Rights or TABOR) defines 'fiscal year spending' as excluding 'collections for another government' and 'damage awards'. Although TABOR does not define either 'collections for another government' or 'damage awards', the TABOR implementing statutes define both terms. The act clarifies both of these definitions for state fiscal years commencing on or after July 1, 2025.     The act clarifies that 'collections for another government', as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes:Revenue from the excise tax and sales and use tax on gasoline used as fuel for the propulsion of specified aircraft that is collected by the state and distributed to governmental or airport entities operating a federal aviation administration-designated public use airport; andRevenue from fees that are collected by the department of public safety for the purpose of criminal history record checks and that is transmitted to the federal bureau of investigation for a required federal component of such criminal history record checks.     The act also clarifies that 'damage award', as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes money from certain sources that is deposited in the crime victim compensation fund of each judicial district.     The act specifies that for fiscal years commencing on or after July 1, 2026, the general assembly shall appropriate money to the district attorney in each judicial district in an amount equal to 20% of the total amount of money in the fund in that judicial district for administrative costs and to the court executive in each judicial district in an amount equal to 2.5% of the total amount of money in the fund in that judicial district for administrative costs.     For the 2026-27 state fiscal year, the act appropriates $2,250,000 from the general fund to the judicial department for use by state courts administration for victim's compensation administration.(Note: This summary applies to this bill as enacted.)

In 2022, the general assembly enacted, and the governor subsequently signed into law, House Bill 22-1358 ('Concerning measures to eliminate the presence of lead in the drinking water of certain facilities where children are present, and, in connection therewith, making an appropriation'), which required child care centers, family child care homes, and each public school that serves any of grades preschool through eighth grade to:Test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source; andSatisfy other requirements concerning the provision of safe drinking water.     House Bill 22-1358 also created the school and child care clean drinking water fund (fund) to help schools, child care centers, and family child care homes comply with House Bill 22-1358.     House Bill 22-1358 included a repeal date of June 30, 2026, for its provisions. The act extends the provisions, with amendments, until June 30, 2029. The act also adds high schools (i.e., schools that serve grades 9 to 12) to the scope of House Bill 22-1358, which means that high schools may receive grants from the fund and must satisfy certain requirements on or before dates specified in the act.     The act requires the department to adopt rules establishing how a child care center shall demonstrate compliance with the requirements concerning the testing for the presence of lead in drinking water.(Note: This summary applies to this bill as enacted.)

The act requires each covered social media platform (covered platform) to impose a fee on each add-on transaction that occurs on the covered platform. The act creates the youth mental health services access enterprise in the behavioral health administration (BHA) to use the fee revenue to operate and fund programs that provide youth mental health services. The youth mental health services access enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution.     The act defines a 'covered platform' as a sole proprietorship, a partnership, a limited liability company, a corporation, an association, or another legal entity, or an affiliate thereof, that:Conducts business in this state;Generates revenue directly from add-on transactions conducted in an online gaming service, product, or feature;Generates a majority of its annual revenue from online gaming services, products, or features;Publishes one or more online gaming services, products, or features that are reasonably likely to be accessed by a youth;Collects users' personal data or has users' personal data collected on its behalf; andDetermines the purposes and means of the processing of users' personal data.     The act defines an 'add-on transaction' as a transaction through which a player or participant in a video game accessed via an online gaming service, product, or feature acquires:An item or ability that provides the player or participant an advantage over other players or participants of the video game; orA feature that alters or enhances the video game as accessed by the online gaming service, product, or feature.     The act creates the youth mental health services access enterprise fund, consisting of money credited to the fund as fee revenue, any money received from the issuance of revenue bonds, and any other money that the general assembly may appropriate or transfer to the youth mental health services access enterprise fund. Money in the youth mental health services access enterprise fund is continuously appropriated to the youth mental health services access enterprise.     After deducting its administrative expenses, the youth mental health services access enterprise is required to allocate the remaining fee revenue credited to the fund as follows:40% to operate and fund the youth mental health peer navigator grant program, which program is created in the act;35% to operate and fund the crisis resolution team program, which program is created in the act; and25%, beginning January 1, 2028, to operate the existing youth mental health services program.     The initial amount of the fee is 5% of the amount of the add-on transaction. On and after October 1, 2027, the youth mental health services access enterprise may adjust the amount of the fee.     The act creates the youth mental health peer navigator grant program to award grants to entities that recruit and train young adults to provide prevention services, peer support, and system navigation to youth in schools or community-based settings.     The act creates the crisis resolution team program to provide community-based de-escalation and stabilization services to youth who are experiencing high-acuity behavioral health crises and to their caregivers.     Under current law, the BHA operates the youth mental health services program to facilitate access to mental health services, including substance use disorder services, for youth in response to mental health needs identified in an initial mental health screening through the program's web-based portal. The youth mental health services program reimburses providers for up to 3 mental health sessions with a youth. The act directs the youth mental health services access enterprise, rather than the BHA, to operate and fund the youth mental health services program beginning January 1, 2028. The act also allows the youth mental health services access enterprise to reimburse a provider for up to 6 mental health sessions with a youth.     The act creates the youth programming and protections enterprise to:Award grants through the existing out-of-school time program grant program; andSupport the department of education's enforcement of educational rights on behalf of children.     The youth programming and protections enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution.     The act creates the youth programming and protections enterprise fund. In each state fiscal year, after the state treasurer has credited $8 million to the youth mental health services access enterprise fund, the state treasurer must credit any other money received as fees to the youth programming and protections enterprise fund.     Under current law, the department of education administers the out-of-school time program grant program and the state board of education awards grants from the program, subject to available appropriations. The act directs the department of education to consult with the youth programming and protections enterprise in administering the out-of-school time program grant program, and the act directs the youth programming and protections enterprise to award grants from the program in consultation with the state board of education. The act also requires the out-of-school time program grant program to provide programming and services that support the mental health and well-being of children and youth.     The act requires a covered platform to ensure that the purchase price for an online gaming service, product, or feature that is reasonably likely to be accessed by a minor to be listed in United States dollars at the point of sale.     For the 2026-27 state fiscal year, the act appropriates:$294,984 to the department of revenue from the general fund;$26,500 to the department of law from reappropriated funds;$145,750 to the department of law from the youth mental services access enterprise fund created in the act; and$79,500 to the department of law from the youth programming and protections enterprise fund created in the act.(Note: This summary applies to this bill as enacted.)

The act prohibits using an automated driving system to drive a commercial motor vehicle unless an individual who holds a commercial driver's license is in the vehicle, monitors the vehicle's driving, and intervenes, if necessary, to avoid illegal or unsafe driving. The individual must be in the driver's seat if hazardous materials are being transported. The penalty is $1,000 for a first offense, is $2,000 for a second offense, and doubles for each subsequent offense.     The act does not apply to a light-duty vehicle or a truck-mounted attenuator.     The prohibition is repealed September 1, 2031. The chief of the Colorado state patrol will analyze the act's effects on commercial vehicle safety on highways. By November 1, 2030, the chief of the Colorado state patrol will issue a report to the relevant committees of the house of representatives and senate. The report must make recommendations as whether to continue the prohibition and, if continued, any recommended legislation to improve the prohibition.     For the 2026-27 state fiscal year, $14,357 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund to implement the act.(Note: This summary applies to this bill as enacted.)

The act extends for an additional 10 years the availability of the state income tax credit allowed to a taxpayer who makes a qualifying monetary contribution to promote child care in the state equal to 50% of the total value of the contribution, not to exceed $100,000, through income tax years commencing prior to January 1, 2038.(Note: This summary applies to this bill as enacted.)