Sen. Tony Exum

Senate Bill 25-163, concerning the establishment of battery stewardship programs for the disposal of certain batteries, created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries.     The act expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'.     On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department).     On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers must submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after July 1, 2029, the act prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the act. The act also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan.     The act requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the act requires a propulsion battery provider to, on and after July 1, 2029, label a propulsion battery and specifies the information that must be included on the label. On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider.     A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is also required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the act. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029.     The act specifies how the department is required to implement, administer, and enforce the act. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, provide a digital registration form that an entity can use to register, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program.     The act also sets forth requirements for persons that remanufacture a propulsion battery; persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed; commercial entities that take possession of a propulsion battery for the purpose of selling, dispositioning, repairing, reusing, or recycling the propulsion battery; and entities that conduct propulsion battery recycling.     On and after July 1, 2029, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.(Note: This summary applies to this bill as enacted.)

The act changes terminology related to child prostitution to commercial sexual activity with a child in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child.     A court is required to sentence an offender convicted of one of the listed offenses, other than soliciting for commercial sexual activity with a child, to at least the minimum of the presumptive range for the level of offense associated with the crime. For an offense of soliciting for commercial sexual activity with a child, if the court sentences the person to probation, the court shall order as a condition of probation that the person serve 364 days in the county jail.     In the crime of soliciting for commercial sexual activity with a child, the act adds knowingly soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that meeting will facilitate commercial sexual activity with a child. The act removes the spousal exception from the crime of engaging in commercial sexual activity with a child.     The act makes the penalty for internet luring of a child a class 3 felony when the offense is committed with the intent to meet for the purpose of engaging in commercial sexual activity. In this circumstance, a court is required to sentence the offender to at least the minimum of the presumptive range for the class 3 felony.(Note: This summary applies to this bill as enacted.)

The act creates a statutory cause of action for a person who has their federal constitutional rights violated by another person who, acting under color of law, is participating in civil immigration enforcement. A person who violates the United States constitution while participating in civil immigration enforcement and whose conduct was the proximate cause of violating another person's constitutional rights is liable to the person whose rights are violated for legal or equitable relief or any other appropriate relief. The action must be commenced within 2 years after the cause of action accrues.     The act appropriates $125,604 to the department of law from the legal services cash fund to provide legal services for the department of personnel.(Note: This summary applies to this bill as enacted.)

The act creates the 'Colorado Mandatory Lethality Assessment Act', which requires peace officers to conduct a lethality assessment when responding to a domestic violence incident and include the completed lethality assessment in the incident report. A peace officer is not required to administer a lethality assessment if a victim is unavailable, not at the scene, incapacitated, or if circumstances otherwise make the administration of the lethality assessment impossible or impracticable. If the lethality assessment indicates that an individual is a high-risk victim, or if the lethality assessment does not indicate a victim is high-risk but a peace officer determines an individual is a high-risk victim based on the totality of the circumstances, the peace officer is required to immediately contact a community-based victim's advocate either by phone or in person and provide the high-risk victim the opportunity to speak with the advocate.     The act requires the attorney general's office, in consultation with a Colorado-based coalition that advocates for survivors of domestic violence, to develop a mandatory training for peace officers to learn how to administer the lethality assessment and provide victim referrals. No later than June 1, 2027, the attorney general is required to make the training available and offer assistance to law enforcement agencies in providing the training. Beginning July 1, 2027, the act requires each law enforcement agency to ensure that each peace officer employed by the agency has completed the mandatory training; except that a law enforcement agency that has provided training on the administration of lethality assessments prior to July 1, 2027, is not required to provide additional training.     Beginning January 2028, and each January thereafter, the act requires the attorney general's office to report to the general assembly certain information related to lethality assessments conducted in the previous calendar year. No later than January 31, 2030, the domestic violence fatality review board shall evaluate the effectiveness of mandatory lethality assessments and referrals to resources and submit the evaluation to the general assembly.     The act does not impose criminal, administrative, or civil liability on any person for an act or omission made in good faith related to administering a lethality assessment.(Note: This summary applies to this bill as enacted.)

For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult.     The act creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; andBe heard at a restitution assessment hearing.(Note: This summary applies to this bill as enacted.)

No later than July 1, 2026, the department of health care policy and financing (HCPF) shall convene a steering committee (steering committee) to support the transition of services provided in qualified residential treatment programs (QRTP) and psychiatric residential treatment facilities (PRTF) to the managed care system for members in the care and custody of a county department of human or social services (county department).     No later than April 1, 2027, HCPF, in collaboration with the steering committee, shall develop policies and recommendations to support the transition of QRTP and PRTF to the managed care system for members in the care and custody of a county department.     No later than July 1, 2027, HCPF shall implement or initiate the transition of services provided in QRTP and PRTF to the managed care system for members in the care and custody of a county department according to the policies and recommendations developed by HCPF in collaboration with the steering committee.     HCPF shall submit quarterly reports to the joint budget committee with information about the steering committee's monthly meetings.(Note: This summary applies to this bill as enacted.)

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 addresses security measures for the legislative department and judicial department of state government, for the governor, and for certain elected officials and candidates for elected office.     Sections 1 through 4 and sections 6 and 7 of the act create the position of the administrator of legislative safety for the general assembly, address the authority of the Colorado state patrol (state patrol) in the state capitol buildings complex (capitol complex), and change the current position of chief security officer to the sergeant at arms. Specifically, section 1 authorizes the executive committee of the legislative council (executive committee) to, subject to available appropriations, appoint an administrator of legislative safety to serve as the primary point of contact for members of the general assembly on all matters relating to their personal safety and security and to coordinate, in collaboration with the Colorado state patrol, security and protection for members of the general assembly, employees of the general assembly, and other individuals specified by the executive committee (covered individuals). The administrator of legislative safety performs their duties under the direction and supervision of the executive committee and, with approval of the executive committee, may appoint additional personnel as necessary to perform the functions assigned to the administrator of legislative safety. In fulfilling their duties, the administrator of legislative safety shall coordinate with the Colorado state patrol and may coordinate with local law enforcement agencies and with the sergeants at arms of each house of the general assembly.     Sections 2 and 3 change the title of the chief security officer, which each house of the general assembly is authorized to appoint, to the sergeants at arms. Section 2 specifies that each house that appoints sergeants at arms may consult with the administrator of legislative safety in connection with the supervision of the sergeants at arms.     Section 4 specifies that the administrator of legislative safety is a peace officer whose authority includes enforcing all laws of the state and who may be certified by the P.O.S.T. board.     Section 5 specifies that the Colorado state patrol's jurisdiction includes law enforcement services for the governor's mansion.     Existing law requires the state patrol to provide protection for members of the general assembly when they are present in the capitol complex and, under certain circumstances, when they attend functions held elsewhere in the state. Section 6 includes other covered individuals under the state patrol's protection when they are present in the capitol complex. In addition, section 6 clarifies that the state patrol's jurisdiction includes law enforcement services for the capitol complex and requires the state patrol to coordinate its law enforcement efforts in the capitol complex with the administrator of legislative safety.     Existing law grants the city and county of Denver jurisdiction to enforce the laws of the state for the security of people and property in the capitol complex. Section 7 clarifies that this authority is in addition to the jurisdiction of the state patrol to enforce the laws of the state in the capitol complex.     Sections 8 through 10 address various other security concerns for certain elected officials. All candidate committees, political committees, small donor committees, and political parties are required to register with the secretary of state (secretary) or municipal clerk, as applicable, before accepting or making any campaign contributions. Registration requires the submission of a statement listing, among other items, a street address for the principal place of operations of the committee or party. Section 8 specifies that the address may be a street or mailing address.     The secretary is required to make all candidate disclosure statements filed with the secretary available to the public on the secretary's website. Section 9 requires the secretary to redact the candidate's address and other personal information before making a disclosure statement available on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information.     Existing law requires specified elected and appointed state officials to file a financial disclosure statement with the secretary that includes, among other items, the legal description of any interest in real property with a market value that exceeds $5,000. Section 10 eliminates the requirement to include a legal description of the property and replaces it with a requirement to identify the city and county in which the property is located. Section 10 also requires the secretary to redact the address and other personal information of elected officials before posting the disclosure statement on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information.     Section 11 requires a sheriff who provides security for a court to use the recommended standards developed by the judicial security task force created in the act to implement security measures for court facilities. The county sheriff shall, to the extent practicable, maintain one secure, single-point access to a court facility and use magnetometers when the court is in session. The county sheriff shall also verify that an individual who enters a courthouse with a firearm is not prohibited from carrying a firearm in a courthouse pursuant to existing law and maintain a log including specified information regarding each individual who enters a courthouse with a firearm; except that this verification and logging requirement does not apply to peace officers employed in the courthouse by the county sheriff.     Sections 12 through 14 modify the assessment and collection of the court security surcharge, and sections 15 and 16 address other judicial security concerns. Under existing law, courts assess and collect a $5 court security surcharge on certain court filing fees ($5 surcharge). The money from the $5 surcharge is deposited in the court security cash fund, which is distributed to counties through grants made by the court security cash fund commission for the counties to use for purposes related to the security of facilities containing a state court or probation office. Section 12 ends the assessment and collection of the $5 surcharge on June 30, 2027, and transfers the balance of the court security cash fund on August 31, 2027, to the court security authority (authority), which is created in the act. Section 13 repeals the $5 surcharge, the court security cash fund, and court security cash fund commission on September 1, 2027.     Section 14 creates the court security authority as a special purpose authority. Beginning on July 1, 2027, the authority imposes a $10 court security surcharge ($10 surcharge) on the same court filings on which the $5 surcharge was assessed and collected. The courts assess and collect the $10 surcharge and transmit the surcharge money to the authority and the authority is required to use the money from the surcharge to provide grants to counties for the same purposes for which grants from the $5 surcharge were made. The authority may also use money from the $10 surcharge to provide grants to the state court administrator's office for system-wide security needs. The act creates the court security authority board, which initially consists of the same members that comprised the court security cash fund commission and requires the board to award the grants based on specified criteria.     Section 15 creates a judicial security task force in the judicial department to develop recommended standards for security at courthouses and other court and probation facilities.     Existing law specifies that an individual commits retaliation against a judge if the individual makes a credible threat or commits an act of harassment, or an act of harm or injury upon a person or property as retaliation or retribution against a judge. Section 16 includes judicial employees in this law.     Existing law allows specified individuals, defined as 'protected persons', to request that state or local government officials remove their personal information from records that are available on the internet. Under existing law, it is unlawful to post a protected person's personal information on the internet in certain circumstances. In addition to other modifications to this law, section 17 adds judicial employees, staff of the general assembly, and elected officials to the definition of 'protected person'. Section 17 also establishes civil remedies for a protected person recoverable from a person who is not a state or local government official and who has published the protected person's personal information if the person does not remove the personal information upon request.     Section 18 prohibits a person from making the personal information of specified elected officials and an elected official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the elected official or the elected official's immediate family. Section 18 also allows an elected official to file a request with a state or local government official to redact the elected official's personal information from records that the state or local government official makes available on the internet. Certain specified parties may access, in certain circumstances, a record that includes information otherwise subject to redaction pursuant to this requirement.     Sections 19 through 25 repeal, from each applicable court filing fee, the $5 surcharge that is transmitted to the court security cash fund and implement, for each applicable court filing fee, the $10 surcharge that is transmitted to the authority.(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.)

The act implements changes to the practices of the state work force development council (council), including by:Streamlining requirements for the council's talent pipeline report based on industry changes over the last several years;Creating greater flexibility to allow the council to develop certain criteria for the creation of career pathways based on data and feedback collected by the council;Updating the duties of the council to better reflect the council's current education, training, and workforce preparation practices; andAmending the directives for and duties of the position of the postsecondary and workforce readiness statewide coordinator, who works under the direction of the council, to better align with the updated working structure of that position as related to several other entities.     The act decreases the 2026-27 state fiscal year general fund appropriation to the department of labor and employment for use by the division of employment and training, as reflected in the annual general appropriations act, by $46,605, unless the amount of general fund money appropriated for use for the council is less than the adjustment or no general fund money is appropriated for use for the council.(Note: This summary applies to this bill as enacted.)