The act requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to: Provide annual training that includes food waste prevention and reduction strategies; Develop a food waste reduction guidance document (document); Place the document on the department's public website; and Update the document at least annually. The act suggests means by which retail food establishments may donate or resell safe food. The act states that, on and after January 1, 2026, grocery stores are encouraged to: Clearly display the ingredients of items of prepared food; and Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food. Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The act extends this immunity to apply to: Faith-based organizations that donate food; and Food donations to faith-based organizations and individuals. The act also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death. (Note: This summary applies to this bill as enacted.)
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In current law there is a prohibition on schools contracting for facial recognition services that is set to repeal on July 1, 2025. The prohibition contains an exception for a contract executed prior to the date the prohibition became law or a renewal of that contract. The act removes the repeal and creates new exceptions for contracts that are: In effect on the date the act becomes law; For a product, device, or software application that allows for analysis of facial features for educational purposes in conjunction with curricula; or For a product, device, or software application that allows for the analysis of facial features to identify a person who has made an articulable and significant threat against a school or the occupants of a school, to identify a missing student when there is a reasonable belief that the student is still on school grounds, or to identify an individual who has been ordered by the court or school administration to stay off school district property. The act prohibits processing the biometric identifiers obtained from the facial recognition services without consent. A school must provide notice of the use of facial recognition software. Each school district shall develop a policy governing the use of facial recognition technology, including clear guidelines on access and oversight. The policy must designate specific authorized personnel, such as school administrators and law enforcement officials, who are permitted to process facial recognition data in response to an articulable and significant threat against the school. Whenever a school, employee of a school, or contractor of a school engages in a practice that violates the act, the aggrieved party may apply for a temporary restraining order or injunction, or both. The court may enter orders or judgments as necessary to prevent the prohibited practice, to restore any person injured to their original position, or to prevent any unjust enrichment by any person through the use or employment of any violation. (Note: This summary applies to this bill as enacted.)
The bill repeals and reenacts, with amendments, the current requirements for providing notice of transactions involving licensed hospitals and requires that the parties to a merger, acquisition, or contracting affiliation of one or more health-care entities, long-term care entities, or veterinary care entities (material change transaction) submit specified notice requirements to the attorney general at least 60 days before the effective date of the material change transaction. If the terms of the material change transaction are altered or modified following the submission of the written notice, the parties must provide notice to the attorney general of the alteration or modification. The attorney general may review a required notice of a material change transaction and may assess whether the proposed material change transaction is contrary to the public interest using factors specified in the bill. The attorney general may convert their review of the material change transaction to an investigation under the "Colorado State Antitrust Act of 2023". The bill prohibits a material change transaction unless: The attorney general states that a formal assessment and review of the material change transaction are not necessary; The attorney general issues an assessment that the material change transaction is not likely to be contrary to the public interest; A court finds that the material change transaction is not likely to be contrary to the public interest; 90 days have elapsed since the parties to the material change transaction submitted notice of the material change transaction, and the attorney general has not issued an assessment and has not notified the parties to the material change transaction that more time is required to complete an assessment; or The attorney general has notified the parties that more time is required to complete the assessment, and 45 days have elapsed since the attorney general provided the notice. The attorney general may bring an action in district court to enjoin or unwind a material change transaction or seek other equitable relief necessary to protect the public interest. Parties to a material change transaction may challenge the attorney general's assessment of a material change transaction in the district court for the city and county of Denver. The reviewing court shall affirm the attorney general's assessment unless a person seeking judicial review proves, by a preponderance of the evidence, specified criteria regarding the attorney general's assessment. The bill grants the attorney general authority to seek additional information regarding a material change transaction, including requiring the parties to a material change transaction to: File a statement or report in writing answering, or to answer in writing, questions propounded by the attorney general as to the facts and circumstances reasonably related to an alleged or potential violation of the bill; Appear pursuant to a subpoena or produce relevant documents in aid of an investigation or inquiry; and Allow the attorney general to make true copies of documents that may be offered into evidence. If a person fails to comply with an investigation or inquiry pursuant to a request or subpoena issued by the attorney general, the attorney general may apply to a district court for relief, including a civil penalty of up to $5,000, reasonable costs, and attorney fees or a protective order. For at least 5 years after the effective date of a material change transaction, the parties to the material change transaction shall provide the attorney general an annual report meeting specified requirements. The report must be made available to the public on the attorney general's and the parties' websites. A person that fails to comply with any provision of the bill is subject to a civil penalty of not more than $200 for each day the person remains in violation. Failure of a party to a material change transaction to provide notice of the material change transaction is an independent and sufficient ground for a court to enjoin or unwind the material change transaction. The bill requires that, if certain health-care providers refer a patient to an entity for health-care services and the provider, or an immediate family member of the provider, has a financial relationship with the entity, the provider shall disclose the nature of the financial relationship to the patient at the time of the referral. (Note: This summary applies to this bill as introduced.)
The act prohibits a person's failure to appear from forming the basis of a municipal criminal charge against the person. The act clarifies that, for purposes of the act, failure to appear includes contempt of court for the failure to appear or any other term used by a municipality to refer to a person's failure to appear at a scheduled court date. (Note: This summary applies to this bill as enacted.)
The act makes the following changes to the "Colorado Open Records Act" (CORA): Excludes from the definition of a "public record" a written document or electronic record that is produced by a device or application that is used to assist an individual with a disability or individuals with a language barrier to facilitate communication if the written document or electronic record has been produced to facilitate communication in lieu of verbal communication; Changes the reasonable time to respond to a CORA request, except for requests from a mass medium or a newsperson, from 3 working days to 5 working days and changes the extension of time for the response period if extenuating circumstances exist from not exceeding 7 additional days to not exceeding 10 additional days; Adds an extenuating circumstance that allows for an extension of the response period when the custodian is not scheduled to work within the response period; Requires public entities to post any rules or policies adopted pursuant to CORA, including, if the public entity has one, the public entity's records retention policy, and to post information for members of the public regarding how to make a public records request; If public records are in the sole and exclusive custody and control of someone who is not scheduled to work within the response period, requires a custodian to provide all other available responsive public records within the response period and notify the requester of the earliest date on which the person is expected to be available or that the person is not expected to return to work. The requester may make a subsequent request for additional responsive records, if any, on or after the date the custodian provides. Allows a custodian, subject to certain exceptions, to determine that a request is made for the direct solicitation of business for pecuniary gain, requires the custodian to provide written notice of the determination to the requester, allows the custodian a 30-day response period for such a request, permits the requester to submit a signed statement affirming that the request is not for the direct solicitation of business for pecuniary gain that the custodian must consider in making their determination, permits the requester to appeal the determination that the request is made for the direct solicitation of business for pecuniary gain to the district court, and allows a custodian to charge the requester for the reasonable cost of directly responding to the request notwithstanding the allowance for the first hour of research and retrieval to otherwise be free of charge and notwithstanding the statutory cap on fees, which otherwise would apply; In addition to the prohibition on disclosing public elementary or secondary school students' addresses and telephone numbers, prohibits disclosure of any other information of such a student that could be used by a person to directly contact, address, or send a message to the student through any means or method; Clarifies that if a custodian imposes any requirements concerning the prepayment of fees or the payment of fees in connection with a request for inspection of public records, the requirements must be in accordance with the custodian's adopted rules or written policies and must not be inconsistent with the provisions of CORA; Allows a requester to ask a custodian for a reasonable break-down of costs that comprises the fee charged for the research and retrieval of the requested public records; Modifies the requirement that, if a custodian of records for a public entity allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment, then the custodian must allow a requester of a public record to pay any fee or deposit associated with the request with a credit card or electronic payment, to instead require that the custodian allow for payment in this manner if the public entity allows members of the public to pay for any other service or product provided by the public entity; and Allows a custodian to treat a CORA request made within 14 calendar days of another CORA request for information pertaining to facially similar content made by the same person as one request for purposes of calculating the fee that the custodian may charge the requester for research and retrieval of responsive public records. VETOED by Governor April 17, 2025(Note: This summary applies to this bill as enacted.)
The act requires an insurer that issues or renews an automobile insurance policy to include in the applicable coverage the replacement cost of a child restraint system that is in a motor vehicle at the time of a motor vehicle accident and to which the coverage is applicable. The act requires the insurer to ask a claimant if a child restraint system was in the motor vehicle at the time of the accident and, if so, requires the applicable coverage to cover the cost of its replacement. (Note: This summary applies to this bill as enacted.)
The act specifies that the fair access to insurance requirements plan association (association) is not: A department, unit, agency, political subdivision, or instrumentality of the state; or An insurance company or a person engaged in the business of insurance. The act also grants a member insurer, the association and its agents or employees, the board of directors of the association, and the commissioner of insurance or the commissioner's representatives immunity for any action taken by them in the performance of their powers and duties for the association. The act specifies that the only causes of action and remedies available to a policyholder of a fair access to insurance requirements plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing. (Note: This summary applies to this bill as enacted.)
The act expands the conduct that can constitute the crime of obstructing governmental operations to include the repeated calling of or contact with 911 dispatch centers or specified public safety entities without justifiable cause. (Note: This summary applies to this bill as enacted.)
The act encourages each local education provider to adopt a policy to reduce food waste in school cafeterias and food preparation facilities (policy). The policy may address food waste diversion and aversion initiatives, including composting, donation of excess food to local nonprofits, or share table programs that permit students to return whole food or beverage items for redistribution to other students. A local education provider that implements a policy shall comply with all applicable sanitation and health requirements, including protocols to prevent student exposure to allergens, and shall require school personnel to complete related safety training. Current law establishes the Colorado circular communities enterprise (enterprise) to award grants and other funding and to provide technical assistance to certain entities throughout the state that pursue a circular economy for waste management, including waste diversion and aversion. The act requires the enterprise to consider reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs. The act extends limited immunity from civil and criminal liability to school personnel and local education providers that supervise food and beverage redistribution in accordance with policies that include share tables. (Note: This summary applies to this bill as enacted.)
The act requires an individual who completes a certificate of death to record the decedent's sex to reflect the decedent's gender. If an individual who completes a certificate of death is presented with a document memorializing the decedent's gender (gender document), the individual must record the decedent's sex to reflect the gender indicated in the gender document. If a gender document is not presented and an individual with the right to control the disposition of the decedent's remains objects to the sex recorded by the individual who completes the certificate of death, the individual with the right to control the disposition of the decedent's remains may state their objection to the individual who completes a certificate of death before the certificate of death is filed, and the individual who completes the certificate of death must record the sex as the gender reported by the individual with the right to control the disposition of the decedent's remains. If a gender document is presented to the office of state registrar of vital statistics in the department of public health and environment (state registrar) for a decedent that died in the state, the state registrar must issue an amended certificate of death for the decedent that changes the decedent's sex to reflect the gender indicated in the gender document. The state registrar must also amend the certificate of death to reflect a legal name change if the appropriate legal name change documentation is submitted to the state registrar. An individual with the right to control the disposition of a decedent's remains may file a claim seeking an order of the court to amend the information recorded on the decedent's certificate of death. The act requires the department of public health and environment to add a gender field to the certificate of death form and the electronic death registration system. (Note: This summary applies to this bill as enacted.)