Sen. Tony Exum

During the 2023-24 and 2024-25 state fiscal years, the general assembly appropriated money from the state education fund for expenditures related to the healthy school meals for all program. The act directs the state treasurer to transfer $31,066,831 from the healthy school meals for all program cash fund (program fund) to the state education fund on July 1, 2026.     Under current law, beginning on July 1, 2026, and on each July 1 thereafter, the state treasurer is required to transfer money from the state education fund to the program fund and to the healthy school meals for all program fund account (account) within the program fund. The act delays that requirement so that the treasurer is required to transfer money from the state education fund to the program fund and to the account beginning on July 1, 2028. In addition, the act repeals reporting requirements related to money in the program fund.(Note: This summary applies to this bill as enacted.)

Beginning on January 1, 2027, the act authorizes an optional collision prevention fee (fee), which is collected at the time of registration of a passenger motor vehicle, light-weight truck, motorcycle, or recreational vehicle (motor vehicle). An individual may decline to pay the fee when registering a motor vehicle, and nonpayment of the fee does not affect the individual's ability to register the motor vehicle. In connection with imposing the fee, the statewide bridge and tunnel enterprise (enterprise) within the department of transportation (department) is required to collaborate with:The department of revenue and county clerks to develop language to notify individuals about the fee, including explicit language regarding the ability to decline to pay the fee and the fact that nonpayment of the fee will not affect an individual's ability to register a motor vehicle; andThe department of revenue, the department, county clerks, the division of parks and wildlife, and other impacted stakeholders to conduct a public outreach campaign to educate the public about the fee and what benefits the fee will provide. The enterprise is required to initiate the public outreach campaign as soon as practicable and must develop and deliver customer-facing educational materials to county clerks on or before December 1, 2026.The fee amount is set at $5 and, beginning in state fiscal year 2028-29, the enterprise is allowed to adjust this fee amount upward for inflation.     75% of the revenue from the fee is credited to the newly created collision prevention fund (fund), which is continuously appropriated to the enterprise for use in the following ways:To fund wildlife safe passage projects, defined as one or more projects that reduce wildlife-vehicle collisions and improve habitat connectivity by providing wildlife road crossings;To provide matching money as required by federal grant programs relating to wildlife safe passage projects; To expend for administrative and personnel expenses related to those purposes; andTo promote the fee and fund to maximize participation in the optional fee, in collaboration with the department of revenue, impacted stakeholders, and interested organizations.In determining which wildlife safe passage projects the enterprise will undertake, the enterprise is required to:Consult with the division of parks and wildlife (division) and the Colorado wildlife and transportation alliance;Consult with the tribal government if the project is on or adjacent to tribal land;Consult with relevant local governments with jurisdiction over the area of the proposed project and any relevant local organizations engaging in work to reduce vehicle collisions;Consider studies concerning the prioritization of wildlife within the state;Consider whether the wildlife safe passage project is related to a bridge or tunnel project undertaken by the enterprise; andIn consultation with the division, consider opportunities for landowner agreements or additional conservation efforts that may be necessary to ensure the continued functionality of infrastructure associated with a proposed wildlife safe passage project.     25% of the revenue from the fee is credited to the wildlife cash fund and continuously appropriated to the division to provide services related to wildlife connectivity and wildlife crossing-related conservation efforts.     The act also modifies the process for the keep Colorado wild pass fee, which is an existing optional fee paid at the time an individual registers a motor vehicle, to align with the process for the collision prevention fee by removing the presumption that an individual who declines to pay the keep Colorado wild pass fee is presumed to decline to pay that fee in subsequent years with respect to registration of the same motor vehicle. With this change, an individual must affirmatively opt out of the payment of both the keep Colorado wild pass fee and the collision prevention fee each year that the individual registers the motor vehicle.     For the 2026-27 state fiscal year:$53,516 is appropriated from the DRIVES cash fund to the department of revenue for use by the division of motor vehicles; Of funds appropriated from the parks and outdoor recreation cash fund to the department of natural resources for use by the division, $778 is reappropriated to the department of revenue for use by the division of motor vehicles; and$19,940 is appropriated from the legal services cash fund, from revenue received from the department from the collision prevention fund, to the department of law to provide legal services for the department.(Note: This summary applies to this bill as enacted.)

The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or household member; and clarifies that the conduct in the definition of domestic violence is domestic violence regardless of whether it constitutes a criminal offense. A person's protective behaviors do not constitute domestic violence.     For purposes of determining the allocation of parental responsibilities based on the best interests of the child, the act requires that for any evidence submitted to the court concerning whether a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the court may consider any relevant and admissible evidence, and the court shall make findings on the record by a preponderance of the evidence whether the party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child.     If the court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the act outlines the considerations that the court must undertake when determining decision-making responsibility and parenting time.     Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the act requires that the accused party participate in treatment with a mental health professional who holds a master's or doctoral degree and a mental health professional license and has specialized training and expertise in treating survivors and perpetrators of domestic violence and child abuse and the effects of domestic violence and child abuse.(Note: This summary applies to this bill as enacted.)

The act requires certain transit agencies that have at least one million unlinked passenger trips in the most recent year, and that are not the Colorado department of transportation or a regional transportation authority that provides funding for but does not directly provide transit services (covered transit agencies), to take specific actions to increase transit access.     On and after June 30, 2027, a covered transit agency shall ensure that clear, up-to-date transit system maps are displayed at all rail stations, bus stations, and bus rapid transit stops and that information on fare rates and structures and eligibility requirements and application instructions for fare discount programs is available online and displayed in all transit vehicles and at all rail stations, bus stations, and transit stops with a covered shelter. A covered transit agency may meet these requirements by displaying summary information and a link or quick response (QR) code to a website with detailed information. A covered transit agency is not required to replace its fixed signage, displays, or maps solely to comply with these new requirements and, instead, is only required to update the required information upon the regularly scheduled replacement of any signage, displays, or maps.     On and after June 30, 2027, a covered transit agency shall ensure that all publicly available information that it disseminates related to accessing its transit services, including fare structures, transit maps, service schedules, and the rights and responsibilities of transit riders, is translated into languages that are widely spoken in any county in which the covered transit agency operates or that are required by a covered transit agency's existing language access plan. A covered transit agency may use an existing language access plan to satisfy these language access requirements.     Covered transit agencies are required to annually report their progress on the action areas required by the act, and other required information, to the governor and a joint meeting of the transportation committees of the general assembly beginning on or before January 31, 2028, and on or before each January 31 thereafter. Covered transit agencies must post this annual report on a publicly accessible website. Covered transit agencies are only required to report information that they already collect and may satisfy any of the information required to be reported by referencing or including a link to a publicly accessible official report that includes the required information.(Note: This summary applies to this bill as enacted.)

The act creates the 'Transit Investment Area Act' to facilitate the financing of transit and rail station infrastructure. Specifically, the act:Allows a local government and a transit agency to jointly undertake a transit investment project. To finance the project, the local government may apply to the Colorado economic development commission (commission) to designate a transit investment area and an approved financing entity;Authorizes the approved financing entity, which may be a newly created transit investment authority, a county revitalization authority, a metropolitan district, or an urban renewal authority, to receive state sales tax increment revenue. This revenue consists of the state sales tax collected in the designated area above a base amount, plus an additional 20% to account for out-of-area deliveries.Permits the financing entity to issue bonds and use the state sales tax increment revenue to finance eligible improvements related to the transit project;Prohibits the financing entity from using the state sales tax increment revenue to acquire property through eminent domain;Requires projects to comply with specified hiring, apprenticeship, and workforce standards;Caps the commission's approval authority at no more than 3 transit investment projects in any calendar year and no more than 6 in total and caps the total state sales tax increment revenue dedicated to all projects at $75 million per fiscal year; andAuthorizes the commission to revoke project approval if substantial work does not commence within 5 years and requires financing entities to submit annual reports and independent financial audits.     The act requires the Colorado office of economic development, in consultation with the department of local affairs and the department of transportation, to publish a transit and housing investment zone map on or before October 30, 2026.     The act creates the Colorado affordable housing in transit and housing investment zones tax credit (tax credit). The tax credit is administered in the same manner as the Colorado affordable housing in transit-oriented communities income tax credit; except that the tax credit is awarded in connection with housing projects in transit and housing zones. The act authorizes the Colorado Housing and Finance Authority to allocate up to $8,333,333 in tax credits each calendar year beginning in the 2027 calendar year through the 2033 calendar year.     For the 2026-27 state fiscal year, the act appropriates $213,349 to the office of the governor for use by economic development programs.(Note: This summary applies to this bill as enacted.)

The act changes the boundaries of the front range passenger rail district (district) to include certain listed municipalities, any municipality whose governing body and, if necessary, electors, consent for the municipality to be included in the district, certain listed metropolitan districts, and any metropolitan district that is not within a municipality, whose governing body consents for the metropolitan district to be included in the district, and that is identified for inclusion in the district by a district board (board) resolution.     The act requires that directors of the board appointed on or after July 1, 2026, reside within the district, unless that director is already serving on the board.     The act allows the board to create subdistricts within the district. The only voting members of a subdistrict board must be directors appointed by an entity that includes territory within the subdistrict and directors who reside within the subdistrict.     The act requires that any action by a subdistrict to establish or increase a tax or create a multiple-fiscal year debt must be submitted to a vote of the registered electors of the subdistrict. Before submitting a tax question to the voters, the district or subdistrict must certify that it has made every reasonable effort to secure federal, state, or special purpose authority funding.     Lastly, the act changes the method for determining the distribution of the costs of a district or subdistrict election. Under the new method, the costs of such an election are reimbursed in the same method and manner as state primary, coordinated, general, congressional vacancy, special legislative, or recall elections conducted after July 1, 2024. The act also requires that any constitutionally required notice for a district or subdistrict election be included in the ballot information booklet.(Note: This summary applies to this bill as enacted.)

The act directs the division of brand inspection (division) in the department of agriculture and the state board of stock inspection commissioners in the department of agriculture to receive reports of lost or stolen livestock. On or before December 31, 2026, the division shall implement procedures that:Facilitate efficient coordination with law enforcement, including procedures to ensure that reports of stolen livestock are provided to relevant law enforcement within 24 hours after the division receives a report of stolen livestock; andEnsure that the public is notified of lost or stolen livestock.     The procedures implemented by the division may vary by geographic region depending on the needs of the region.(Note: This summary applies to this bill as enacted.)

Current law requires a local government or a tribal government desiring to receive funding from the statewide affordable housing fund to have filed with the division of housing of the department of local affairs (division) a commitment specifying how, within a 3-year cycle, affordable housing units within the local or tribal government's territorial boundaries will be increased by 3% each year over the baseline number of affordable housing units (baseline number). The baseline number resets every 3 years for the next cycle. To be eligible for funding from the statewide affordable housing fund, a local or tribal government is required to file a commitment with the division and achieve the 3% increase over the baseline number each year during the 3-year cycle.     The act changes the requirements for the 3-year cycle beginning on January 1, 2027, and each 3-year cycle thereafter. A local government desiring to receive funding from the statewide affordable housing fund is no longer required to increase affordable housing units by 3% above the baseline each year, but is instead required to meet the target increase number of affordable housing units (target increase number). The target increase number equals the average annual number of permits for new housing units or functional equivalents of permits for new housing units that have been issued over the past 3 years within the jurisdiction of the local government, multiplied by the number of years of the upcoming 3-year cycle to which the local government is committing, multiplied by:0.10 if the average annual job growth rate in the county in which the local government is located is significantly lower than the statewide median annual job growth rate over the past 3 years, as determined by the division;0.15 if the average annual job growth rate in the county in which the local government is located is close to the statewide median annual job growth rate over the past 3 years, as determined by the division; or0.20 if the average annual job growth rate in the county in which the local government is located is significantly higher than the statewide median annual job growth rate over the past 3 years, as determined by the division.     The act requires the division to establish specific numerical ranges for the job growth rate thresholds.     The act permits a local government that desires to be eligible for funding from the statewide affordable housing fund but is unable to achieve the 3% annual increase in affordable housing units for the 3-year cycle beginning on January 1, 2024, to file a good faith effort waiver with the division. To be eligible, the local government must have achieved at least 65% of the targeted annual increase. The division may, in its discretion, grant a good faith effort waiver to a local government that filed for a waiver on or after June 15, 2026, but before November 1, 2026, and complied with other requirements of the act.     The act permits a government that desires to be eligible for funding from the statewide affordable housing fund but is unable to meet the target increase number in affordable housing units for the 3-year cycle beginning on January 1, 2027, to file an adjustment waiver with the division. The adjustment waiver must be supported by verifiable data and propose a revised annual increase of at least one unit per year. The division may, in its discretion, grant an adjustment waiver to a government that filed for a waiver and complied with other requirements of the act.     To determine whether a local government has achieved the target increase number for the 3-year cycle beginning on January 1, 2027, and for each 3-year cycle thereafter, an affordable housing unit that satisfies the following criteria counts for one affordable housing unit plus the following corresponding additional unit amount:Unless local governments have a written agreement otherwise, a unit developed with money from multiple local governments may be counted by each local government as a percentage of one unit proportional to the percentage of funding it provided;A unit that is developed on land donated by the local government qualifies for an additional 0.10 of a unit. The 0.10 of a unit qualifies for the local government that donated the land.An affordable housing unit that is developed with money provided by multiple local governments qualifies for an additional 0.10 of a unit for each local government that provided money;A unit that is developed to be for-sale housing and that meets certain affordability requirements qualifies for an additional 0.20 of a unit; andA unit that is restricted to be rented or sold to a household with an annual income of at or below 40% of the area median income, including a supportive housing unit, qualifies for an additional 0.20 of a unit.     If affordable housing is developed and qualifies for a property tax exemption, thereby reducing property tax revenue to the county in which the affordable housing is located, and the county did not provide any money to develop the affordable housing, the division may, in its discretion, allow each such affordable housing unit to count as up to 1.15 affordable housing units for the county at the time of vertical construction.     Beginning in 2027, to be eligible for direct funding, or for affordable housing projects within a tribal government's territorial boundaries to be eligible for funding, tribal governments are required to implement a system to expedite the development approval process for affordable housing projects and required to submit evidence of such satisfaction to the division.(Note: This summary applies to this bill as enacted.)

The act requires a minor who is under 18 years old to have written permission of the minor's parent or legal guardian to obtain an instruction permit to drive a motorcycle. The act does not apply to emancipated minors.(Note: This summary applies to this bill as enacted.)

The act creates the 'Adults' Security and Safeguards from Exploitation in Transactions Act' or the 'ASSET Act'. The act requires or authorizes a qualified individual at a bank or credit union (financial institution) to do the following when the individual reasonably and in good faith suspects that a vulnerable adult is the victim of financial exploitation:The qualified individual must notify appropriate local law enforcement or the county agency handling adult protective services; andThe qualified individual may notify a third party previously designated by or reasonably associated with the vulnerable adult.     A financial institution or qualified individual may delay a disbursement from an account if the financial institution or qualified individual:Reasonably believes that the vulnerable adult is subject to financial exploitation;Provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account within 2 business days after the requested disbursement; except that a party who is reasonably believed to have engaged in financial exploitation of the vulnerable adult need not be notified; andContinues its internal review of the suspected or attempted financial exploitation.     The delay may continue until:The financial institution or qualified individual reasonably believes that the vulnerable adult is not subject to financial exploitation;Local law enforcement or the county agency handling adult protective services concludes its investigation; orA court orders that the delay be removed.     A financial institution or qualified individual must make a determination within 90 days after beginning the delay of a disbursement or, if waiting on the investigation of local law enforcement or a county agency handling adult protective services, within 180 days. The disbursement must be made or refused based on the conclusions of the investigation or the expiration of the time.     A financial institution and qualified individual are immune from liability arising from the actions or from failing to take the actions authorized in the act if the act or failure to act was made in good faith and exercising reasonable care.     A financial institution must provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an vulnerable adult to agencies charged with administering state adult protective services laws and to law enforcement. The records made available to agencies are not public records, as defined in the 'Colorado Open Records Act'.(Note: This summary applies to this bill as enacted.)