Sen. Byron Pelton

Maddy summaryHJR 1002 is a commemorative resolution honoring Dr. Martin Luther King Jr. It does not create new laws or policies. The resolution recognizes Dr. King's legacy through historical context about his civil rights leadership, his "I Have a Dream" speech, and his role in key legislation like the Civil Rights Act of 1964. It specifically acknowledges Colorado's history of observing MLK Jr. Day, noting that Colorado became the 50th state to recognize the holiday in 2000. The resolution serves only to formally commemorate Dr. King's life and work, with no direct effect on citizens or new government requirements.

The act requires the state auditor to conduct or cause to be conducted performance audits (audits) of the air pollution control division in the department of public health and environment and the division of unemployment insurance in the department of labor and employment (divisions). The audits will determine whether each of the divisions effectively and efficiently performs and fulfills its statutory obligations. In addition, as part of the audits, the state auditor is required to: Determine whether a division complies with statute and its statutory purpose; Assess the impact of a division's processes on providing access to program benefits and, for the labor and employment division audit only, identify any division processes that may be unnecessary, unreasonable, or cause delays; Determine whether a division's staffing and funding levels are sufficient for it to efficiently and effectively perform its statutory duties and responsibilities, which, in for the air pollution control division audit only, must include assessment of how funding or staffing changes made at the state level might impact local governments; and Determine whether a division requested and was appropriated additional resources and whether the approval or denial of such a request impacted program implementation and timing of implementation. The initial audit of the air pollution control division must begin and be completed in calendar year 2026, with an additional audit occurring in calendar year 2031. The initial audit of the division of unemployment insurance must begin and be completed in calendar year 2027, with an additional audit occurring in calendar year 2032. Upon completion of an audit, the state auditor is required to submit a written audit report to the legislative audit committee. (Note: This summary applies to this bill as enacted.)

The act incorporates the federal "Uniform Code of Military Justice" (federal code) into the "Colorado Code of Military Justice" (state code), including specifically the punitive articles and general article of the federal code, which describe punishable offenses, and the statute of limitations that applies to charges brought pursuant to the state code. The act repeals sections of the state code that are duplicative of the incorporated federal code. Additionally, the act: Applies the state code to a member of the state military forces (member) at all times, except when the member is ordered to active federal service pursuant to title 10 of the United States Code; Clarifies a commanding officer's authority to impose nonjudicial punishment under the state code; Makes changes to the procedures that govern courts-martial, the punitive authority of courts-martial, and the review of the decisions of courts-martial; and If concurrent civilian and military jurisdiction exists over the same offense and a district attorney has filed felony charges against a member for the offense, requires the state military forces to defer felony prosecution of the member to the district attorney.(Note: This summary applies to this bill as enacted.)

The department of public health and environment (department) is required to conduct a study of capital needs for rural and frontier hospitals throughout the state (study). The rural and frontier hospital capital needs study task force (task force) is created and is required to oversee the study. The study must measure the number of studied facilities that are not compliant with current and relevant design and building code standards for health-care facilities, identify the age of core facilities and any additions to those facilities, and estimate the costs for renovating or replacing facilities identified as having capital needs. No later than 18 months after the first meeting of the task force, the department is required to complete the study and compile the results of the study into a report. The department is required to present the report to the respective health and human services committees of the senate and house of representatives. The task force is made up of the following 7 members who must be appointed no later than 2 months after sufficient funding has been secured for the implementation of the act: 3 members who work in rural or frontier hospitals; One member who is an architect professional; One member who is a construction contractor professional; One member who represents hospitals; and One member of the general public who lives in a rural area or frontier area. In addition to overseeing the study, the task force is responsible for developing and approving the parameters of the study and overseeing the department's report. The task force may also facilitate contracting with a private sector consulting company to assist with data compilation, research, and outreach to rural and frontier hospitals. The task force is required to hold its first meeting within 2 months of all appointments being made to the task force and meet at least quarterly after the first meeting until the study and the report are complete. The requirements imposed on the department, the task force, and any third party in connection with the study are contingent upon money being available through gifts, grants, or donations for the purpose of conducting the study. (Note: This summary applies to this bill as enacted.)

The act temporarily reduces by $3.70 the road safety surcharge for each vehicle class for any registration period that begins on or after September 1, 2025, but before September 1, 2027. Revenue from the road safety surcharge, along with other fee and surcharge revenue, is credited to the highway users tax fund and allocated to the state highway fund, counties, and municipalities. The act adjusts the allocation of revenue from the road safety surcharge, a daily vehicle rental fee, a supplemental oversize and overweight vehicle surcharge, a supplemental unregistered vehicle fine, and late registration fees, for any registration period that begins on or after July 1, 2025, but before July 1, 2027, by reducing the state share and increasing the county and municipal shares as follows: 56% to the state highway fund (reduced from 60%); 24% to counties (increased from 22%); and 20% to municipalities (increased from 18%).(Note: This summary applies to this bill as enacted.)

Current law requires the division of administration (division) within the department of public health and environment to report annually to the water quality control commission (commission) and to include in the report any regulatory or legislative recommendations the division may have. The act requires the report to also include: Information on the division's timing in considering and issuing water quality permits (permits); and For the report submitted in 2026, a detailed discussion of how the division has prioritized reducing the permit backlog, implemented recommendations from water quality permittees (permittees) for permitting efficiency, and increased safe drinking water program inspections. The act requires the division, upon receipt of an application to modify a permit, to limit its review and its approval or denial of the application to the scope of the specific requests contained in the application. The act requires the commission to adopt rules on or before December 31, 2026, that establish procedures whereby the division, prior to giving public notice of a complete permit application for an individual permit and the division's preliminary analysis of the application, may provide a period of public notice and review of a preliminary draft prepared by the division. If a period of public notice and review is required by rules of the commission, the period of public notice and review may not exceed 14 days, and the purpose of the review is limited to identifying errors in the division's preliminary draft. On or before December 31, 2027, the division must propose rules to the commission that establish a time frame during which the division will either grant or deny applications for each type of permitting action. On or before June 30, 2028, the commission shall adopt rules based on the division's proposal. The rules must establish the time frames for permitting actions. The act requires the division to consider current debt service on existing local government water infrastructure when developing schedules of compliance for new effluent limits in local government permits. Any schedule of compliance for new effluent limits in local government permits must, consistent with state and federal law, consider the local government's financial capability to repay existing debt on water infrastructure or to fund water infrastructure upgrades before requiring new water infrastructure upgrades. To the extent allowable under federal law, the division may issue compliance schedules in a local government permit for a new effluent limit in excess of 20 years. The act states that, on and after May 1, 2026, after an application for permit modification or permit renewal has been pending before the division for 60 days, or for any application for permit modification or permit renewal that is pending before the division as of May 1, 2026, or if the division informs an applicant that the division will not process an application for preliminary effluent limitations, the applicant and the division may mutually agree to use a qualified and independent nongovernmental contractor (contractor) under the direction of the division to provide the division with technical assistance in completing the permit action. An applicant shall bear the contractor's costs for any technical assistance provided by the contractor and shall pay the contractor for such costs. The division may charge an applicant an additional fee in an amount not exceeding 10% of the contract amount for contract administration, technical review, and additional permit processing, which fee is credited to the clean water cash fund. The act requires the division, upon a permittee's request, to make available to the permittee all documents, data, and information the division relied upon in developing the permittee's permit modification or permit renewal, except to the extent that such materials are protected by an applicable privilege or exception. The act makes the following transfers of money: On July 1, 2025, $111,000 from the water quality improvement fund to the drinking water cash fund; On July 1, 2025, $3,518,564 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the clean water cash fund; On July 1, 2026, $3,002,435 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the clean water cash fund; and On July 1, 2026, $516,129 dollars from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the drinking water cash fund. For the 2025-26 state fiscal year, the act appropriates $2,904,599 to the department of public health and environment. This appropriation consists of $446,315 from the drinking water cash fund and $2,458,284 from the clean water cash fund. For the 2025-26 state fiscal year, the act appropriates $160,611 to the department of law. This appropriation is from reappropriated funds received from the department of public health and environment. The act also makes and reduces certain appropriations as adjustments to the 2025 general appropriations act. (Note: This summary applies to this bill as enacted.)

Colorado law allows a local government to establish local minimum wages in excess of the statewide minimum wage established in the state constitution. A local government that enacts a minimum wage must provide a tip offset for tipped employees in an amount equal to the tip offset amount described in the state constitution, which is $3.02. The act states that on and after January 1, 2026, a local government that has enacted a code or an ordinance imposing a minimum wage that exceeds the state minimum wage may increase the amount of the tip offset associated with the local minimum wage; except that a local government shall not impose a tip offset in an amount that allows a tipped employee to earn less than the state minimum wage minus $3.02. (Note: This summary applies to this bill as enacted.)

Section 1 of the act defines the board of trustees of the public employees' retirement association (board) as a local public body for purposes of the open meetings law. Section 2 limits the terms of both elected and appointed members of the board to not more than 2 consecutive 4-year terms; except that the state treasurer is not subject to the 2-term limit. A former trustee who has served 2 consecutive terms may be reelected or reappointed to the board after not serving on the board for a period of at least one term. Section 2 also clarifies how such term limits apply in the case of a vacancy appointment. Section 3 requires the board, on and after January 1, 2025, to conduct its meetings in accordance with the open meetings law as a local public body and requires the board to post and regularly maintain and update the public employees' retirement association's (association) website with information including: The notice with specific agenda information, if available, for the board's next public meeting; The policy for and process by which a member of the public may participate in any public meeting of the board; A link or other means of public access to the records of past public meetings of the board; and The official email address of the board. Section 3 also requires that, on or before January 1, 2026, and on or before January 1 of each calendar year thereafter, the board post certain financial information of the association on the association's website. Section 4 clarifies that, while the board may delegate any of its responsibilities, duties, and powers to the executive director of the association or other designated agents, the board retains authority and responsibility for the management of the association and all its statutory duties and powers through a specified existing administrative process. (Note: This summary applies to this bill as enacted.)

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

The act authorizes the owner of a trailer to register the trailer for as long as the owner owns the trailer. The trailer must be class B or class D personal property. To register the trailer, the owner must pay: 2 years of annual specific ownership tax; and $55.82 to cover fees. Upon the transfer of ownership of the trailer, the owner is required to notify the department of revenue of the transfer. (Note: This summary applies to this bill as enacted.)