Rep. Andy Boesenecker

The act creates the Colorado behavior analyst licensing board (board) under the direction and supervision of the division of professions and occupations in the department of regulatory agencies. On and after July 1, 2028, an individual is prohibited from engaging in or offering the practice of applied behavior analysis unless the individual is licensed by the board. The board is authorized to license behavior analysts and assistant behavior analysts if they meet the requirements specified by the act and the rules adopted by the board pursuant to the act.     An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:File an application for a license;Have a valid certification in good standing with a certifying entity;Complete a fingerprint-based criminal history record check;Carry professional liability insurance in an amount determined by the board by rule unless working as a public employee covered under governmental immunity; andIf the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst and practice within the scope of practice established by rules of the board.     The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct. The board may also send a licensee a letter of admonition or a confidential letter of concern under certain circumstances.     The act exempts specified individuals from the licensing requirements established by the act.     An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the act and who is not exempted from licensure commits a class 2 misdemeanor.     The board may adopt rules as necessary to implement the act.     The regulation of behavior analysts and assistant behavior analysts is scheduled for repeal on September 1, 2031. Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law.     The act requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autism spectrum disorder or other conditions for which coverage may be available under state department policies. Subject to federal approval, the state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required by the state department to be certified by a certifying entity, but is not certified at the time of services, for services provided during one temporary period of not less than 45 days while the behavior technician is pursuing the certification if specified conditions are met.     The department of human services (department) is required to prescribe and publish standards for the licensing and regulation of applied behavior analysis clinics (clinics). The department is authorized to adopt rules concerning specific subjects related to standards for clinics. Clinics are required to comply with specified requirements regarding local government zoning regulations, licensing fees, and qualifications for employees of the clinics.     The act changes the definition of 'day treatment center' to 'day treatment facility' and requires that facilities that were not subject to the definition before the effective date of the act but that meet the amended definition submit an application for licensure by the department on or before August 1, 2026 , and become licensed before August 1, 2027.(Note: This summary applies to this bill as enacted.)

Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC:If the TNC has at least 20,000 rides occurring monthly (large-scale TNC) on its digital network, pay for the required criminal history record check for an individual before the individual is permitted to act as a driver;Procure a privately administered criminal history record check for a driver at least once every 6 months after the initial criminal history record check;Share the results of each criminal history record check with the driver who is the subject of the record check; andProcure a privately administered criminal history record check if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the privately administered criminal history record checks.     A TNC shall create a deactivation and suspension policy to initiate a review of a driver for deactivation within 7 business days if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the attorney general's office, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. The act requires the commission to create a process by rule for sharing information between TNCs regarding the deactivation of drivers. A TNC's deactivation and suspension policy must include meaningful human review of the permanent deactivation of a driver.     The act requires a TNC to provide regular safety training to each driver and rider in accordance with rules adopted by the commission.     If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the attorney general's office, a district attorney's office, the commission, or a law enforcement agency no later than 72 hours after the request is made, unless the subpoenaing party agrees to a different deadline.     The act requires the commission to adopt rules on or before June 1, 2028, establishing requirements for a TNC to ensure that a driver or rider may opt in to audio and video recording of each prearranged ride and integrate audio and video recording into the TNC's digital platform. A large-scale TNC shall not charge a fee or increase the cost of a prearranged ride solely on the basis of a rider opting in to audio and video recording of the prearranged ride. The commission shall also adopt rules regarding access to, ownership of, storage of, notification about, and deadlines for the implementation of the audio and video recordings, including different requirements for large-scale and small-scale TNCs.     A provision in a contract between a TNC and a driver or rider is declared void as against public policy if the provision attempts or purports to waive specified rights.     The act requires that, on or before February 1, 2027, and on or before February 1 each year thereafter, a TNC shall submit specified data related to incidents involving safety and discrimination to the commission, the attorney general, and each member of the general assembly.     The act requires a TNC to develop policies to:Prevent imposter drivers, account sharing, and account renting;Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers;Prohibit the transportation of an unaccompanied youth who is under 15 years old unless the youth is part of a duly authorized family account;Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;Notify and train drivers and riders of any updates to TNC safety policies;Prohibit drivers from offering, selling, or providing food or beverages that are not factory-sealed to riders;Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; andPrevent crimes committed against drivers by riders.     A TNC is prohibited from:Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform;Assigning an automatic or default driver rating that the rider did not assign; orAssigning an automatic or default rider rating that the driver did not assign.     A TNC may delete ratings or reviews that are plausibly motivated by fraud or bias. A TNC shall not consider negative ratings or reviews that are motivated by fraud or bias in a review of a driver for deactivation or an internal deactivation reconsideration.     A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the 'Colorado Privacy Act' regarding biometric data and biometric identifiers.     A TNC that violates the act may be assessed a civil penalty of not more than $1,500 per violation.(Note: This summary applies to this bill as enacted.)

Section 2 of the act repeals a requirement that health-care profession regulators adopt rules that require each licensed health-care provider, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle in order to demonstrate competency regarding topics related to prescribing drugs and treatment.     Section 3 authorizes the Colorado dental board to adopt rules that require every dentist, dental therapist, and dental hygienist, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle regarding topics related to prescribing drugs and treatment.     Section 4 requires a licensed veterinarian to complete at least 1 hour of training per renewal period regarding topics related to prescribing drugs and treatment.     Section 5 changes the frequency at which specific health-care facilities are required to apply for a license issued by the department of public health and environment from annually to every 2 years.     Under current law, a health-care facility is required to screen each uninsured patient for eligibility for public health insurance programs and discounted care (screening) utilizing a single uniform application developed by the department of health care policy and financing (state department). Sections 6 through 11 change this requirement by:Changing the method used to conduct the screening from a uniform application to use of a third-party resource, such as a major credit bureau, or use of a uniform screening questionnaire (questionnaire) developed by the state department;Allowing a health-care facility the option of screening a patient for eligibility for the health-care facility's financial assistance program;Requiring a health-care facility to provide specified notifications upon completion of the screening;Creating an application for discounted care (application) for use by a health-care facility upon completion of the screening through which additional information is requested from a patient to determine whether the patient qualifies or is likely to qualify for public health-care coverage or discounted care;Requiring a health-care facility to provide specified notice and appeal rights to a patient upon completion and review of the application; andRequiring the state department to adopt rules regarding the questionnaire and application.     Section 11 also narrows state department review requirements of health-care facilities' and licensed health-care professionals' billing for patients who are indigent. The act prohibits the state department from making changes to regulatory documents or imposing new requirements unless the changes or new requirements are adopted by rule by specified dates and are subject to stakeholder engagement.     Section 12 requires the state department to establish by rule the content and format of the information each hospital must provide to the state department for a hospital transparency report at least 30 days prior to the hospital's fiscal year. The act changes the deadline for a hospital to submit to the state department an annual audited financial statement from 120 days to 150 days after the end of the hospital's fiscal year. Current law requires that each hospital has a minimum of 15 days to review the hospital transparency report; the act specifies that the review period is 15 business days and requires that a statewide hospital association must also have a minimum of 15 business days to review the report.(Note: This summary applies to this bill as enacted.)

The act creates the 'Colorado Artist Company Act', which authorizes a person in the state to create a limited liability company with a stated artistic mission (artist company), which artist company is subject to state law applicable to limited liability companies except where specified in the act.     An artist company must state its artistic mission in its articles of organization or operating agreement and be formed and owned by one or more individuals that create works of authorship or artistic expression comprising written, oral, visual, graphic, literary, musical, audiovisual, digital, or performing art in any medium (artists). Artists must own not less than 51% of all voting securities of the artist company at all times (required ownership percentage).     A limited liability company that meets the required ownership percentage may elect to become an artist company by amending its articles of organization or its operating agreement to state its artistic mission and by complying with certain other requirements.     A person may form an artist company by filing with the Colorado secretary of state articles of organization. The articles of organization may specify certain ownership, governance, artistic work distribution, tax treatment, and dissolution structures.     An artist company may accept capital in any form and its members and managers have certain duties specified in the artist company's articles of organization or operating agreement along with the duties imposed by state law applicable to limited liability companies.     Members of an artist company may assign or exclusively license intellectual property to an artist company as an in-kind capital contribution. An artist company's articles of organization or operating agreement may require artist-members to assign or exclusively license to the artist company artistic work created during membership that relates to the artistic mission of the artist company. An artist company's articles of organization or operating agreement may provide for certain procedures and terms regarding the admission and departure of members.     An artist company may elect at formation, or at the time of election to become an artist company, to be a public benefit artist company (public benefit artist company) by stating in its articles of organization or operating agreement, if any, that it is a public benefit artist company and setting forth in its articles of organization or operating agreement, if any, one or more specific public benefits to be promoted by the artist company. The members and managers of a public benefit artist company are subject to certain additional duties. A public benefit artist company must provide its members and donors with an annual statement specifying certain information as to the public benefits and artistic mission of the public benefit artist company.     Upon the dissolution of an artist company or public benefit artist company, artistic work assigned or licensed by artist-members to the artist company or created by artist-members of the artist company reverts to the artist-member, except as specified in the articles of organization or operating agreement and subject to certain security interests, licenses, and obligations. After giving effect to artistic work reversionary rights, the assets of the artist company must be distributed in accordance with the articles of organization or operating agreement or, if not specified in the articles of organization or operating agreement, pro rata to members based on ownership percentages.     $93,878 is appropriated from the department of state cash fund to the department of state. To implement this act, the department of state may use the appropriation as follows:$5,478 for use by the business and licensing division for personal services; and$88,400 for use by the information technology division for personal services.(Note: This summary applies to this bill as enacted.)

The act modifies legislative interim committee activities during the 2026 legislative interim (interim). Specifically, the act:Prohibits the legislative council of the general assembly from prioritizing any requests for interim committees, including task forces, for the 2026 interim;For an interim committee that meets during the 2026 interim, limits the number of acts the interim committee can request to be drafted to 5 and can recommend for introduction to 3;Prohibits members serving on statutorily created interim committees and state entities from receiving per diem and travel expenses for attending interim committee meetings during the 2026 interim;Prohibits meetings, field trips, and legislative recommendations and reports by, and suspends for one year certain reports required to be submitted to, existing interim committees, including the capital development committee; legislative oversight committee for Colorado jail standards; American Indian affairs interim committee; legislation inside advisory council review committee; Colorado health insurance exchange oversight committee; legislative oversight committee concerning the treatment of persons with behavioral health disorders in the criminal and juvenile justice systems; pension review commission and pension review subcommittee; legislative oversight committee concerning tax policy; and sales and use tax simplification task force;Prohibits meetings and other activities of the transportation legislation review committee and the water resources and agricultural review committee during the 2026-27 state fiscal year; andRepeals the legislative emergency preparedness, response, and recovery committee and the statewide health care review committee.     The act decreases the appropriations in House Bill 26-1333, concerning the payment of the expenses of the legislative department, for the 2026-27 state fiscal year for the legislative department as follows:The general fund appropriation for the general assembly is decreased by $183,699;The general fund appropriation for the legislative council is decreased by $161,162, and the related FTE is decreased by 1.9 FTE; andThe general fund appropriation for the committee on legal services is decreased by $108,336, and the related FTE is decreased by 1.4 FTE.(Note: This summary applies to this bill as enacted.)

Current law requires a recovery residence operated in Colorado to be certified by a third-party certifying body, unless the recovery residence has been operating in Colorado for 30 or more years as of May 23, 2019.     Beginning July 1, 2027, the act requires a recovery residence to obtain a license from the behavioral health administration (BHA). The act sets forth application procedures and rules for minimum standards of operating a recovery residence. A recovery residence must report specified occurrences to the BHA, including occurrences that result in the death of or specified injury to a resident, involve abuse and neglect of a resident, involve misappropriation of a resident's property, or in which a resident's drugs are diverted for use by another person. Recovery residence licensing is subject to sunset review prior to its repeal in 2033.(Note: This summary applies to this bill as enacted.)

The act requires school districts and charter schools to adopt, implement, and post on their websites an achieving community commitment to equitable school success (ACCESS) policy, on or before July 1, 2027, that directs resources and supports toward at-risk students. The act describes what the required policy may include, such as partnerships with community organizations, wraparound services, after-school programs, and tutoring.     School districts and charter schools that are participating in a performance, improvement, priority improvement, or turnaround plan that directs resources and supports to at-risk students satisfies the ACCESS policy requirements and shall post the plan on the school or school district's website.(Note: This summary applies to this bill as enacted.)

The act establishes and clarifies financial protections for mobile home park residents. The act requires a landlord of a mobile home park to notify residents when the landlord is temporarily prohibited from increasing rent.     Under current law, a landlord is required to send notice to residents when the landlord intends to sell the mobile home park. The act adds to the information that must be included in the notice that the landlord sends to residents of the park to include a statement that the landlord must provide additional information and documentation to a home owner upon request by the home owner, including:The basis of the purchase price, such as aggregate rental data, rent projections, and recent appraisals of the property;Disclosure of the age of major infrastructure in the mobile home park;Documentation of any infrastructure inspections, maintenance, and repair services from the previous 3 years;The most up-to-date rent roll and any documentation related to rents, charges, outstanding balances, and the vacancy rate; andThe operating expenses and income for the park from the previous 3 years.     The act requires that, for a potential sale of a mobile home park that is a portfolio sale including real property or structures located outside of the mobile home park, the price, terms, or conditions of the proposed sale, including for the real property or structures located outside of the park, must be made available to the home owners of the park, even if the home owners submit an offer to purchase only the park.     The act requires the landlord and any potential buyer to conduct the sale of the mobile home park at arms-length and in good faith. The act establishes certain parameters related to the registration fee that must be paid by a landlord of a mobile home park and limits the amount that the landlord may charge each resident to cover the registration fee at $17.(Note: This summary applies to this bill as enacted.)

The act clarifies that a state permit to engage in the business of dealing in firearms (state permit) is required for a firearms dealer (dealer) to transfer firearms.     Under existing law, in order to be issued a state permit, a dealer must not have had a firearms dealer license or permit or a firearm possession permit revoked, suspended, or denied for good cause within 3 years before submitting a state permit application (prior license requirement) and must not have violated any state or federal law concerning the possession, purchase, or sale of firearms in the 3 years before applying for the state permit (prior violation requirement). The act clarifies that the prior license and prior violation requirements apply to an individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the dealer, known as a 'responsible person' of the dealer. The act makes the dealer training requirements apply to responsible persons who, in the course of their duties, handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms.     The act makes provisions related to a dealer's employees who handle firearms; process the sale, loan, or transfer of firearms; or otherwise have access to firearms also apply to any individual, including an independent contractor, who performs an employee's duties, whether paid or unpaid.     The act permits the department of revenue (department) to fine a dealer up to $75,000 for a second or subsequent violation of certain dealer requirements committed on or after January 1, 2027. The department shall adopt rules concerning the imposition of fines.     Under existing state law, dealers are subject to record-keeping requirements involving pistols and revolvers sold, rented, or exchanged at retail. The act makes the record-keeping requirements apply to all retail transactions, including a transfer, involving a firearm other than a destructive device, clarifies that dealers may keep the records electronically, and prohibits the department and any other state agency from using information obtained from dealer records to create or maintain a registry identifying firearm ownership.     The act requires a dealer to secure large-capacity magazines in the dealer's possession. The department shall adopt rules requiring security measures for dealers' places of business, and a dealer shall submit a comprehensive security plan to the department that demonstrates the security measures that the dealer will implement to comply with the rules. Beginning October 1, 2027, a dealer must implement the security measures.     The act requires a dealer to report the theft or loss of a firearm to the department within 48 hours after learning of the theft or loss.(Note: This summary applies to this bill as enacted.)

The act requires the department of local affairs, as part of its SMART Act hearing in January of 2027, to submit and present a proposal for the development of a statewide strategy on homelessness prevention and resolution. The proposal must include a plan that sets forth a timeline, an estimated budget, and a process for developing and implementing a statewide strategy on homelessness prevention and resolution. The proposal must set forth the following components that must be included in the statewide strategy on homelessness prevention and resolution:Identification of gaps and barriers that impede access to operational services for individuals experiencing homelessness;Identification of state agency-provided housing resources, including utilization rates;Recommendations for collaboration between state and local partners to facilitate homelessness response;Recommendations for funding and policies that could be implemented at the state level to support homelessness prevention and resolution;Recommendations proposed in coordination with continuum of care organizations to improve the implementation of the homeless management information system, data reporting, and coordinated entry systems; and Updates on regional navigation campuses.     When developing the proposal, the department shall seek and incorporate feedback from a diverse array of stakeholders.     The act creates a new type of special district, a multijurisdictional homelessness response authority (authority), which may be created when any combination of local governments enter into an intergovernmental agreement with one another to establish an authority. An authority must:Be used by the contracting local governments to reduce and prevent homelessness; andHave boundaries that contain the entirety of all the contracting local governments, but nothing more.     An authority has several discretionary powers that relate to its ability to coordinate and plan with departments and organizations to reduce and prevent homelessness, including the power to provide for the levy of sales or sales and use taxes by the contracting local governments. If the intergovernmental agreement that creates an authority provides for the levy of a sales or sales and use tax by the contracting local governments within the boundaries of the authority:Each contracting local government shall submit to its registered electors a ballot question that relates to the tax and that requires any new tax revenue approved through the ballot question to be used solely for the planning, coordination, and implementation of regional strategies to reduce and prevent homelessness;The intergovernmental agreement must provide for a case in which the electors in some but not all of the contracting local governments approve the collection of the sales or sales and use tax at the general election; andThe intergovernmental agreement must provide that all or part of the taxes levied are distributed to the authority.     An authority may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of planning, coordinating, and implementing regional strategies to reduce and prevent homelessness, may issue revenue or general obligation bonds, and may pledge its revenue and revenue-raising powers for the payment of such bonds.     The act allows a county to designate a portion of documentary filing fees, which are collected for filing documents associated with the grant or conveyance of real property, to be transferred to the county government or a housing authority for the purpose of developing, preserving, or acquiring affordable housing that:Is within the jurisdiction of the county government or housing authority;Is aligned with demonstrated community needs; andWill be available to individuals experiencing homelessness.(Note: This summary applies to this bill as enacted.)