Rep. Lindsay Gilchrist

The act:Authorizes the health insurance affordability enterprise (enterprise), on or after January 1, 2027, to issue revenue bonds of up to $100 million to fund enterprise programs, secured by the enterprise's revenues, and require the enterprise to pay bond obligations before allocating revenues for enterprise programs;Allows the enterprise to invest specified money in the health insurance affordability cash fund (cash fund) without regard to otherwise applicable requirements for such investments and to contract with private professional fund managers to advise on investment strategies;Modifies the allocation of enterprise revenue among authorized purposes and allows the enterprise to reallocate unexpended amounts for specified purposes;Directs the enterprise to require qualified individuals who are enrolled in state-subsidized individual health coverage plans eligible for subsidies from the enterprise to pay premiums established in rules adopted by the commissioner, in consultation with the health insurance affordability board (board);Requires the enterprise to adjust the statewide average premium reduction under the reinsurance program to 18% and to reduce the amount of bonds issued to account for the reduced costs for the reinsurance program;Directs the board, in recommending parameters for implementing subsidies for state-subsidized individual health coverage plans, to recommend coverage that prioritizes enrollment stability and customer predictability; when seeking input on its recommendations regarding plans, coverage, and the number of eligible slots, to enable feedback in at least English and Spanish and in other languages upon request; and to indicate how it incorporated such feedback into its final recommendations;Directs the enterprise to conduct or contract a third party to conduct a study to evaluate the feasibility of restructuring the enterprise programs to increase health insurance affordability and maximize enrollment in health insurance plans;Requires the enterprise to submit 3 written reports and make one in-person presentation to the joint budget committee each year regarding the status of the cash fund and, as part of its in-person presentation in January 2027, to provide an analysis of the effects of changing the statewide average premium reduction under the reinsurance program to 15% and of creating a tiered, income-based, structure for premium assistance for individuals who purchase insurance on the Colorado health benefit exchange (exchange);Repeals the tax credit for contributions to the exchange and replaces it with a tax credit for contributions to the enterprise; andDirects the state treasurer to transfer $40 million from the marijuana tax cash fund to the cash fund by June 30, 2026, reduces to $60 million the designation of money in the marijuana tax cash fund as the state emergency reserve for the 2025-26 and 2026-27 state fiscal years, and increases by $40 million the value of the capitol annex building for purposes of the state emergency reserve for the 2025-26 and 2026-27 state fiscal years.(Note: This summary applies to this bill as enacted.)

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.)

The act implements recommendations of the department of regulatory agencies' (department) sunset review and report on the division of professions and occupations in the department.     Sections 1 and 2 of the act allow a regulator to delegate authority for administrative tasks authorized by statute or other tasks specifically authorized through the policy of a board or commission to a designee at the regulator's discretion.     Section 3 changes the amount of time a licensee, certificate holder, or registrant (licensee) who receives a letter of admonition has to request a hearing to within 25 days after the date of issuance of the letter of admonition, rather than within 20 days after receipt of the letter.     Sections 3 through 22 clarify that a regulator may provide communications to licensees through email.     In current law, the executive director of the department collects an excise tax of $1 upon the payment of fees for the renewal of a license, registration, or certificate. Section 23 changes the term used to refer to this payment from an 'excise tax' to an 'additional fee'.     Sections 25 through 30 restore provisions repealed in 2024 by House Bill 24-1329 concerning the continuation of the state board of licensure for architects, professional engineers, and professional land surveyors, regarding enrollment by endorsement for engineer-interns and land surveyor-interns and licensure by endorsement for professional engineers and professional land surveyors.(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.)

In current law, a person who is a member of the Colorado National Guard who is accepted for enrollment at a designated institution of higher education (member) has all their tuition costs waived. All tuition waiver costs are currently funded by the state from money in the Colorado National Guard tuition fund.     The act changes the funding mechanism of the Colorado National Guard tuition waiver program by requiring each designated institution of higher education to waive the remaining balance of a member's tuition cost in excess of the amount of any private, state, or federal financial assistance received. The act requires the department of military and veterans affairs to reimburse each institution for 50% of the cost of tuition waived by the institution and requires the general assembly to appropriate money to the Colorado National Guard tuition fund to cover the reimbursement.(Note: This summary applies to this bill as enacted.)

Beginning on or before July 1, 2028, the act extends certain application, accounting, and notice provisions already in place for federal survivor benefits awarded to a child or youth who is in foster care (child or youth) to federal supplemental security income benefits (SSI), which are monthly payments awarded to a child or youth with a disability and limited resources. The act adds requirements for a county department of human or social services (county department) to follow specified procedures for identifying a child or youth with a disability who may qualify for SSI and for documenting the disability. If the county department determines that a child or youth may be eligible to receive SSI, the county department is required to initiate the application process within 45 days after receiving certain information. If a child or youth is receiving SSI, the county department must document how the money is spent in the state's child welfare case management system.     If legal custody of a child or youth receiving SSI or federal survivor benefits is transferring from a county department to another individual, the act requires the county department to reassess the designation of the representative payee or fiduciary receiving and managing federal benefits on behalf of the child or youth. The reassessment must be performed in consultation with interested parties and in compliance with federal requirements.(Note: This summary applies to this bill as enacted.)

The act allows an injured person to bring a cause of action for claims of injury caused by sexual orientation or gender identity change efforts (efforts) against a licensed mental health professional and allows the cause of action to be commenced at any time without limitation.     Specifically, the act applies to a civil cause of action brought against a licensed mental health professional who seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome or eliminate or reduce sexual or romantic attractions or feelings toward individuals of a particular sex or gender.     The act permits the injured individual, or the individual's personal representative or estate if the individual is deceased, to recover economic, noneconomic, and exemplary damages, and any other damages deemed appropriate by the court.     A cause of action may be brought as a survival action within 5 years after the death of the person who underwent efforts.(Note: This summary applies to this bill as enacted.)

Current law states that a child or youth named in a petition related to dependency and neglect proceedings is a party to the proceedings and has a right to attend and fully participate in all hearings related to the case. The act affirms that as a party to the proceedings, the child or youth has legal standing regarding all matters related to the child's or youth's interests and the right to have the child's or youth's interests fully represented by the guardian ad litem or counsel for youth throughout the proceedings, including appeals.     If a county department of human or social services (county department) seeks dismissal of a petition prior to the adjudicatory hearing and the child or youth, through the child's or youth's guardian ad litem or counsel for youth, objects to the dismissal and articulates a basis upon which the child is abused or neglected, the court shall set a hearing to determine whether or not the county department has a reasonable basis to dismiss the case. If the court determines that the county department shows a reasonable basis for dismissal, the court shall dismiss the case. If the county department does not show a reasonable basis to dismiss the case, the court must allow the case to proceed.(Note: This summary applies to this bill as enacted.)