Rep. Andy Boesenecker

The act makes the following changes to current law regarding individuals to whom the department of labor and employment (department) provides vocational rehabilitation services (services): Eliminates the requirement that an individual with a disability requires financial assistance to participate; Allows the department to consider financial need before providing services during a period of cost containment to prevent or manage a wait list for services due to insufficient financial resources; Eliminates the requirement that an individual with a disability, or the individual's legally and financially responsible relative, must contribute toward the cost of their services to the extent that they are financially able; and To align Colorado law with federal law, eliminates the requirement that the department provide services only to individuals who are present in the state at the time of filing an application for the services and can satisfactorily achieve rehabilitation.(Note: This summary applies to this bill as enacted.)

The act requires that ammunition sold at retail must be accessible to a purchaser or transferee only with the assistance of the vendor, and the act prohibits the retail sale of ammunition to a person who is younger than 21 years of age. The act includes exceptions for in-person sales to persons who are 18-20 years of age at shooting ranges, who are members of the military and veterans, who have a hunter education certification, who are protected by a protection order, or who were born on or before January 28, 2007; sales to on-duty peace officers; and sales of rimfire ammunition. Unlawful sale of ammunition by violating either requirement is a civil infraction; except that a second or subsequent violation is a class 1 misdemeanor. The act requires a retail ammunition vendor who is shipping ammunition to use a delivery service that verifies that the person receiving the ammunition is 21 years of age. The act requires a retail ammunition deliverer to comply with federal law regarding the labeling and packaging of ammunition. When delivering a package containing ammunition sold at retail, the act requires a retail ammunition deliverer to verify that the person receiving the delivery is 21 years of age or older and obtain written acknowledgment of receipt from the recipient. Notwithstanding the age verification requirement, a retail ammunition deliverer may verify and deliver ammunition to a person who was born on or before January 28, 2007. The age verification and written notification requirements do not apply to a retail ammunition deliverer who does not know that the package contains ammunition because the sender failed to notify the deliverer that the package contains ammunition. (Note: This summary applies to this bill as enacted.)

Under current law, a "preneed contract" is a contract, agreement, or mutual understanding, or any security or other instrument that is convertible into a contract, agreement, or mutual understanding, whereby, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services are provided or performed in connection with the final disposition of the beneficiary's body. The act states that a preneed contract does not include a transportation protection agreement, which is an agreement that primarily provides for the coordination and arrangement, by a third party that is not a general provider, of services related to: The preparation of human remains for the purpose of transportation; or The transportation of human remains. The act also makes it a deceptive trade practice under the "Colorado Consumer Protection Act" as well as an unlawful act under the "Mortuary Science Code" for a funeral director to commit theft of money that a client or prospective client paid for funeral services. The act also changes the date by which an applicant for a provisional funeral director, mortuary science practitioner, embalmer, cremationist, or natural reductionist license must demonstrate at least 4,000 hours of work experience from January 1, 2026, to January 1, 2027. (Note: This summary applies to this bill as enacted.)

The act requires a gun show promoter to prepare a security plan and submit the security plan to each local law enforcement agency with jurisdiction over the gun show. The act places certain requirements on a gun show promoter, including requiring the promoter to: Have liability insurance for the gun show; Implement security measures at the gun show, including monitoring all entrances and exits and providing video surveillance of the gun show parking area and main entrance and exit; Prohibit persons under 18 years of age from entering the gun show unless the person is accompanied by a parent, grandparent, or guardian; For each customer who leaves with a purchased firearm, verify that the firearm has been delivered in compliance with the required the 3-day waiting period; and Post certain notices at the gun show. Violating any of the above provisions is unlawful gun show management, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and, in addition to the criminal penalty, the promoter is prohibited from acting as a gun show promoter for 5 years. The act defines a "gun collectors show" as an event sponsored to facilitate the purchase, sale, offer for sale, or collection of only curios or relics or antique firearms, and not any other type of firearm. Gun collectors shows are not gun shows under the act. The act prohibits a person from participating in a gun show as a gun show vendor if the person is not a federal firearms licencee, does not hold a valid state firearms dealer permit, has been convicted of a second offense of unlawful gun show vendor activity as described in the act, or has not completed a gun show certification for the gun show promoter as required in the act. Unlawful participation in a gun show as a gun show vendor is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor. Before participating in a gun show, a gun show vendor is required to certify to the gun show promoter that the vendor satisfies the requirements to be a gun show vendor and will comply with federal, state, and local laws while participating in the gun show. While participating in a gun show, a gun show vendor shall display copies of the vendor's federal firearms license and state firearms dealer permit, keep firearms unloaded and securely affixed to the vendor's countertop or wall, display ammunition in accordance with state and federal law, and include with each sold firearm written information describing secure storage and lost or stolen firearm reporting requirements. Violating any of these provisions is unlawful gun show vendor activity, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and the person is prohibited from participating as a vendor at a gun show. The act maintains the requirement in existing law that a gun show vendor conduct a background check for each firearm transfer at a gun show, but removes the maximum fee a licensed gun dealer may charge for each background check conducted at a gun show. (Note: This summary applies to this bill as enacted.)

The act requires each institution of higher education (institution) in Colorado to create and adopt a policy and a process to support the ability of an admitted or enrolled student with a disability (student) to voluntarily self-disclose the student's disability and to engage in an interactive process with the institution to receive an academic adjustment. The adopted policy must, at a minimum, include information that: Describes the institution's process to determine whether a student is eligible for an academic adjustment; Outlines documentation that the institution may request to determine whether a student is eligible for an academic adjustment; Provides information on the available disability resources and academic adjustments provided to students with disabilities; and Describes an appeals process for academic adjustment decisions that focuses on documentary review. Each institution shall publish the policy on the institution's website in an accessible format. The act describes the type of documentation that an institution may request to determine whether a student is eligible for an academic adjustment. (Note: This summary applies to this bill as enacted.)

The act requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to: Provide annual training that includes food waste prevention and reduction strategies; Develop a food waste reduction guidance document (document); Place the document on the department's public website; and Update the document at least annually. The act suggests means by which retail food establishments may donate or resell safe food. The act states that, on and after January 1, 2026, grocery stores are encouraged to: Clearly display the ingredients of items of prepared food; and Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food. Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The act extends this immunity to apply to: Faith-based organizations that donate food; and Food donations to faith-based organizations and individuals. The act also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death. (Note: This summary applies to this bill as enacted.)

The act makes the following changes to the "Colorado Open Records Act" (CORA): Excludes from the definition of a "public record" a written document or electronic record that is produced by a device or application that is used to assist an individual with a disability or individuals with a language barrier to facilitate communication if the written document or electronic record has been produced to facilitate communication in lieu of verbal communication; Changes the reasonable time to respond to a CORA request, except for requests from a mass medium or a newsperson, from 3 working days to 5 working days and changes the extension of time for the response period if extenuating circumstances exist from not exceeding 7 additional days to not exceeding 10 additional days; Adds an extenuating circumstance that allows for an extension of the response period when the custodian is not scheduled to work within the response period; Requires public entities to post any rules or policies adopted pursuant to CORA, including, if the public entity has one, the public entity's records retention policy, and to post information for members of the public regarding how to make a public records request; If public records are in the sole and exclusive custody and control of someone who is not scheduled to work within the response period, requires a custodian to provide all other available responsive public records within the response period and notify the requester of the earliest date on which the person is expected to be available or that the person is not expected to return to work. The requester may make a subsequent request for additional responsive records, if any, on or after the date the custodian provides. Allows a custodian, subject to certain exceptions, to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to provide written notice of the determination to the requester, allows the custodian a 30-day response period for such a request, permits the requester to submit a signed statement affirming that the request is not for the direct solicitation of business for pecuniary gain that the custodian must consider in making their determination, permits the requester to appeal the determination that the request is made for the direct solicitation of business for pecuniary gain to the district court, and allows a custodian to charge the requester for the reasonable cost of directly responding to the request notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge and notwithstanding the statutory cap on fees, which otherwise would apply; In addition to the prohibition on disclosing public elementary or secondary school students' addresses and telephone numbers, prohibits disclosure of any other information of such a student that could be used by a person to directly contact, address, or send a message to the student through any means or method; Clarifies that if a custodian imposes any requirements concerning the prepayment of fees or the payment of fees in connection with a request for inspection of public records, the requirements must be in accordance with the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA; Allows a requester to ask a custodian for a reasonable break-down of costs that comprises the fee charged for the research and retrieval of the requested public records; Modifies the requirement that, if a custodian of records for a public entity allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment, then the custodian must allow a requester of a public record to pay any fee or deposit associated with the request with a credit card or electronic payment, to instead require that the custodian allow for payment in this manner if the public entity allows members of the public to pay for any other service or product provided by the public entity; and Allows a custodian to treat a CORA request made within 14 calendar days of another CORA request for information pertaining to facially similar content made by the same person as one request for purposes of calculating the fee that the custodian may charge the requester for research and retrieval of responsive public records. VETOED by Governor April 17, 2025(Note: This summary applies to this bill as enacted.)

The act requires an insurer that issues or renews an automobile insurance policy to include in the applicable coverage the replacement cost of a child restraint system that is in a motor vehicle at the time of a motor vehicle accident and to which the coverage is applicable. The act requires the insurer to ask a claimant if a child restraint system was in the motor vehicle at the time of the accident and, if so, requires the applicable coverage to cover the cost of its replacement. (Note: This summary applies to this bill as enacted.)

The act specifies that the fair access to insurance requirements plan association (association) is not: A department, unit, agency, political subdivision, or instrumentality of the state; or An insurance company or a person engaged in the business of insurance. The act also grants a member insurer, the association and its agents or employees, the board of directors of the association, and the commissioner of insurance or the commissioner's representatives immunity for any action taken by them in the performance of their powers and duties for the association. The act specifies that the only causes of action and remedies available to a policyholder of a fair access to insurance requirements plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing. (Note: This summary applies to this bill as enacted.)

The act expands the conduct that can constitute the crime of obstructing governmental operations to include the repeated calling of or contact with 911 dispatch centers or specified public safety entities without justifiable cause. (Note: This summary applies to this bill as enacted.)