Sen. Janice Marchman

Health benefit insurance plans (health benefit plans) include coverage for gender-affirming health care as part of individual and group health benefit plans. "Gender-affirming health care" is defined in the act as supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria (gender-affirming health care). The act codifies gender-affirming health care treatments in statute and prohibits a health benefit plan from denying or limiting medically necessary gender-affirming health care, as determined and prescribed by a physical or behavioral health-care provider. The act authorizes the health insurance affordability board to seek, accept, and expend gifts, grants, or donations and to use those gifts, grants, or donations to cover abortion costs and to ensure access to legally protected health-care activity. The act exempts prescriptions for testosterone from the tracking requirements of the prescription drug use monitoring program and blocks archived records concerning testosterone use from view. (Note: This summary applies to this bill as enacted.)

Under current law, a person who does not have lawful immigration status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for: In-state student tuition classification; or An identification document pursuant to the "Colorado Road and Community Safety Act". The act repeals these affidavit requirements. Under current law, a jail custodian is generally required to release a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The act prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation. Under current law, a criminal defendant may petition a court to vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that: They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea; They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or The guilty plea was constitutionally infirm. The act extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses. Under current law, state agencies and state agencies' employees are: Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information; Required to annually report certain information concerning requests made for a person's personal identifying information; and Subject to a civil penalty for an intentional violation of the requirements. The act extends these requirements concerning a person's personal identifying information to political subdivisions and their employees, and repeals the annual reporting requirements concerning requests made for a person's personal identifying information. The act creates minimum requirements for a public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library concerning information collection and access to its information, facilities, or property, and creates a civil penalty for an intentional violation of certain requirements. Under current law, a peace officer who is employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The act extends the prohibition to a peace officer designated by the state as a peace officer. Under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities. The act extends this prohibition to a pretrial officer or pretrial services office employee. The act prohibits a military force from another state from entering the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces. The act adds and amends definitions concerning "precise geolocation data" within the "Colorado Privacy Act". The act prohibits a controller from selling a consumer's sensitive data without obtaining consent. Under current law, a person is not subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. The act extends this to while a person is receiving treatment in a related facility, which is a facility where programs and services are provided in relation to a court proceeding. For the 2025-26 state fiscal year, the act decreases an appropriation made in the long bill of: $54,900 from the general fund to the department of labor and employment; and $3,393 from the general fund to the department of personnel.(Note: This summary applies to this bill as enacted.)

Under current law, there are 2 total program formulas to finance public schools. Absent the satisfaction of a statutorily specified condition, the first formula is scheduled to stop determining total program after the 2024-25 budget year (expiring formula), and the second formula is scheduled to determine total program beginning in the 2030-31 budget year (new formula). For the 2025-26 budget year through the 2029-30 budget year (transition period), total program is scheduled to be determined by using figures that were calculated under both the expiring formula and the new formula. The act: Extends the transition period by one year, so that it is from the 2025-26 budget year through the 2030-31 budget year; and Postpones the exclusive use of the new formula to determine total program until the 2031-32 budget year. The act changes how each school district's and institute charter school's annual total program is determined during the transition period. For the 2025-26 and 2026-27 budget years, each school district's and institute charter school's annual total program is the greater of the school district's or institute charter school's total program for the 2024-25 budget year or the amount calculated under the expiring formula plus an amount equal to 15% in 2025-26 and 30% in 2026-27 of the difference between the amounts calculated under the new formula and the expiring formula. For the 2027-28 budget year through the 2030-31 budget year, each school district's and institute charter school's annual total program is the greater of the district's or institute charter school's calculation under the expiring formula plus 1% of that calculation, or: For the 2027-28 budget year, the amount calculated under the expiring formula plus an amount equal to 45% of the difference between the amounts calculated under the new formula and the expiring formula; For the 2028-29 budget year, the amount calculated under the expiring formula plus an amount equal to 60% of the difference between the amounts calculated under the new formula and the expiring formula; For the 2029-30 budget year, the amount calculated under the expiring formula plus an amount equal to 75% of the difference between the amounts calculated under the new formula and the expiring formula; and For the 2030-31 budget year, the amount calculated under the expiring formula plus an amount equal to 90% of the difference between the amounts calculated under the new formula and the expiring formula. Under current law, there are specified conditions that apply to the transition period. If the joint budget committee determines that a specified condition occurs in a budget year during the transition period, then for the next budget year and each budget year thereafter, the transition is suspended, and each school district's total program is determined pursuant to the calculation and determination required for the budget year when the condition occurred. For one of the existing conditions, the act specifies that an income tax deposit to the state education fund that was made to correct an error does not count toward determining whether the condition has been satisfied. A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the expiring formula, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 4 budget years. Under current law, the new formula calculates a school district's funded pupil count by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years. The act changes the new formula so that: For the 2025-26 budget year, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and For the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years. However: If a statutorily specified condition is satisfied, and consequently for the 2026-27 budget year, a district's total program is not determined as scheduled under the transition period, then for the 2026-27 budget year, and each budget year thereafter, funded pupil count will continue to be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding 3 budget years; and If, for the 2027-28 budget year, the state education fund balance is projected to be less than $200 million, then the general assembly is required to implement a smoothing factor or the funded pupil count will be determined by the greater of the school district's pupil enrollment for the applicable budget year or the average of the school district's pupil enrollment for the applicable budget year and the immediately preceding budget year for the 2027-28 budget year and each budget year thereafter. The act expiring formula is changed so that, starting in the 2027-28 budget year, the funded pupil count used in the expiring formula is the same funded pupil count that is used in the new formula to determine a district's total program during the transition period. The total program for the 2025-26 budget year is determined using the formula changes in the act. The act: Increases the statewide base per pupil funding for the 2025-26 budget year by $195.42 to account for inflation; Sets a new statewide base per pupil funding amount for the 2025-26 budget year at $8,691.80; and Sets the total program funding for the 2025-26 budget year for all school districts and institute charter schools to at least $10,036,070,748 or $10,031,606,090, depending upon whether Senate Bill 25-315 becomes law. Under current law, a new at-risk measure is required to be implemented in the 2025-26 budget year. The act repeals this requirement and requires the department of education (department) to collect data necessary to identify individual student census block groups to account for students who are at-risk of below-average academic performance and education outcomes because of socioeconomic disadvantages or poverty, but who may not qualify for free or reduced price lunch. Under current law, as a part of the charter contract, a district charter school and the school district, or the institute charter school and state charter school institute (institute), must agree on funding and services provided by the school district or institute to the charter school, subject to parameters. The act: Suspends the use of these provisions after the 2025-26 budget year; Repeals charter school at-risk supplemental aid after the 2026-27 budget year, following its gradual phase out during the 2025-26 and 2026-27 budget years; Creates incremental funding for charter schools for the 2025-26 budget year; and Requires the general assembly to consult with charter school representatives to ensure that charter schools are aligned with the implementation of the new formula. The act raises the limit from $750 million to $1 billion for the amount of money that the general assembly may appropriate to restore any or all qualified charter school debt reserve funds to their qualified charter school debt service fund requirements. Under current law, $41 million of interest and income earned on money in the public school fund is credited to certain purposes, and any remaining interest and income may be credited as specified by the general assembly or remain in the public school fund. The act requires that any remaining interest and income is credited to the public school capital construction assistance fund. The total annual amount of revenue credited to the public school capital construction fund is capped at $150 million, adjusted for inflation; except that money received from public school fund interest and income does not apply toward the cap. Any amount above the cap is credited to the state public school fund instead. The act creates the kids matter account within the state education fund. Beginning July 1, 2026, the state treasurer must deposit in the account all state revenues collected from an existing tax on 0.00065% on federal taxable income, as modified by law, of every individual, estate, trust, and corporation. The money in the account must only be used for district total program funding and total state funding for all categorical programs. Under current law, the department is required to contract with an entity to develop and implement a public information campaign to emphasize the importance of learning to read by third grade and highlight local education providers that are achieving high percentages of third-grade students who demonstrate reading competency. The act repeals the requirement that the department contract with an entity to develop and implement the information campaign. The act authorizes the department to use any unexpended money that was appropriated for the out-of-school time program grant program and is remaining at the end of the 2024-25 or 2025-26 state fiscal years in the 2025-26 or 2026-27 state fiscal years without further appropriation. The act creates and implements certain parameters for multifunction school activity buses. For the 2025-26 state fiscal year, the act: Appropriates $7,009,989 to the department from the state education fund for at-risk supplemental aid; Appropriates $7.6 million to the department from the public school capital construction assistance fund for public school capital construction assistance board cash grants; Appropriates $25 million to the department from the public school capital construction assistance fund for public school capital construction assistance board lease payments; and Adjusts the 2025-26 long bill by decreasing the cash funds appropriation from the state education fund for the state share of district's total program by $15,775,837; decreasing the cash funds appropriation from the state education fund for at-risk per pupil additional funding by $5 million; and decreasing the cash funds appropriation from the public school capital construction assistance fund for public school capital construction assistance board cash grants by $45,648,087.(Note: This summary applies to this bill as enacted.)

The act clarifies when a teacher may conclude that an early elementary school student has a significant reading deficiency requiring remediation through a specialized approach to instruction (READ plan) based on a body of evidence that includes information in addition to the student's scores on a reading assessment. Current law requires certain parental communications in connection with a student's READ plan. The act requires the addition of specific information regarding characteristics of dyslexia, if applicable, to the parental communications. Beginning no later than the 2027-28 school year, a local education provider must either develop its own screening process for identifying early elementary school students with characteristics of dyslexia or implement a universal dyslexia screener that conforms to certain new requirements. A local education provider that implements a screener may include the screener in an interim reading assessment or administer the screener separately from the interim assessment. Either way, the screener must accurately and reliably identify students at risk of reading difficulties. If an interim reading assessment includes a screener, the assessment must meet standards for validity and reliability, encourage data-driven instructional decision making, and promote efficient administration and effective follow-up. (Note: This summary applies to this bill as enacted.)

The act: Amends the definition of "employer" for purposes of wage and hour laws to include an individual who owns or controls at least 25% of the ownership interest in an employer; Prohibits an employer from making a payroll deduction below a worker's applicable minimum wage; Allows the director of the division of labor standards and statistics (division) to waive the penalty for an employer's failure to pay claimed wages or compensation within 14 days after a written demand if certain specified conditions are met; and Requires a court to find that an employee pursued a wage claim that lacked substantial justification before awarding an employer reasonable costs and attorney fees in a civil action for unpaid wages or compensation. In such an action, the court may pursue all equitable relief to deter future violations and prevent unjust enrichment. Current law limits the ability of the director of the division to adjudicate claims for nonpayment of wages or compensation to $7,500 or less. The act increases this threshold over the years by increasing the maximum amount to $13,000 for claims filed from July 1, 2026, through December 31, 2027, and in an amount specified by the director of the division to adjust for inflation beginning January 1, 2028. The act also requires the division, in adjudicating wage claims, to determine whether a violation is willful. For each violation: The director shall publish on the division's website the names of all employers found to be in violation and whether the violation was willful; and If the violation was willful and is not remedied within 60 days after the division's finding that there was a violation, the division must notify all government bodies with the authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential of the unremedied willful violation. Additionally, the division may report an employer found to have violated a law related to wages and hours to any government body with authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential. The act also repeals language requiring the division to issue a determination on a wage complaint within 90 days and clarifies that a city or county may enact and enforce wage laws within the city or county's jurisdiction. An employer found to have misclassified an employee as a nonemployee must pay a fine in the following amounts, in addition to any other relief ordered: For a willful violation, $5,000; For a violation not remedied within 60 days after the division's finding, $10,000; For a second or subsequent willful violation within 5 years, $25,000; or For a second or subsequent willful violation not remedied within 60 days after the division's finding, $50,000. The director of the division must adjust these fine amounts for inflation by January 1, 2028, and every other year thereafter. The act also decreases the amount of time the division must wait before paying an employee out of the wage theft enforcement fund from 6 months to 120 days. Current law prohibits an employer from discriminating or retaliating against an employee for taking protection under wage and hour laws or the law related to the employment of minors. The act expands this provision to specify additional protected behavior and expands the prohibition to include other persons in addition to employers. The act also: Requires a fact finder to consider the time between an individual's exercise of a protected activity and an employer's adverse action when determining whether an employer has retaliated against the employee or worker; Specifies that it is a violation to use an individual's immigration status to discriminate or retaliate against an employee or worker who has engaged in protected activity; and Allows the division to order reasonable attorney fees and costs after investigating a discrimination or retaliation claim. Between August 1, 2027, and October 1, 2027, the division must report to the joint budget committee on its progress in implementing the act. In state fiscal year 2025-26, $328,210 is appropriated to the department of labor and employment for use by the division to implement the act. (Note: This summary applies to this bill as enacted.)

The act repeals the wild horse project and transfers the statutory duties concerning wild horse management and support to the department of agriculture (department). The act repeals and replaces the wild horse stewardship program and the wild horse fertility program with support efforts managed by the department and with an immunocontraception program managed by the department. The act authorizes the department to provide immunocontraception and material support in herd management areas to keep wild horse populations at appropriate management levels. The material support may include: Using state employees or contracting with others to administer immunocontraception; Providing funding to or administrative support to other state agencies, federal agencies, and nonprofit entities to hire employees or contract with agents to administer immunocontraception; Coordinating events where immunocontraception is administered; Buying or funding the purchase of equipment or technology; and Coordinating with educational institutions to provide training, certification, or internships to individuals administering immunocontraception. The department may primarily address federally protected wild horses but may also address other wild horses. The department may, when reasonable and effective, engage private entities and individuals in wild horse advocacy, funding, promotion, and education, including through the use of iconic wild horse imagery and the development of a logo and brand. The department may provide staff, resources, or information to: Develop a system of shared equipment and staff expertise to loan out; Develop training programs and certifications; Cooperate with the federal bureau of land management to develop additional training, holding, or adoption opportunities; and Cooperate with the department of corrections to create and expand opportunities for people confined in a correctional facility. The act creates a wild horse advisory committee. The wild horse advisory committee has the same makeup as the current wild horse working group with different appointing authorities authorized. The advisory committee will meet at least once every year and may have additional meetings as necessary. The advisory committee advises the commissioner of agriculture and the department concerning: Financial and material support for wild horse adopters, sanctuaries, preserves, and refuges; The content and delivery of outreach, education, training, and certification; Working with the federal bureau of land management and wild horse preserves, sanctuaries, and refuges to coordinate herd management; Coordinating or assisting with wild horse adoption compliance checks; Coordinating and cooperating with other entities to ensure comprehensive information about adoption and adoption success is widely publicized and is available to the public; Any different or additional scientifically proven immunocontraceptive fertility control method the department may consider using; and Humane, nonlethal alternatives to long-term confinement for wild horses that are taken off-range or held in federal facilities. The wild horse advisory committee sunsets on September 1, 2030. Before the repeal, the advisory committee is scheduled for sunset review. (Note: This summary applies to this bill as enacted.)

The act classifies bison as big game unless the bison are livestock. Classifying bison as wildlife means that hunting or taking one is illegal unless authorized by rule of the parks and wildlife commission. The act also clarifies that "wildlife" does not include privately owned cattle, including bison legally reduced to captivity or bison that have escaped lawful captivity, or bison owned by or lawfully reduced to captivity by an Indian tribe. The fee for issuing a bison hunting license is set at $374.22 for a resident and $2,756.74 for a nonresident. The penalty for illegal possession of wild bison is a fine of not less than $1,000 and not more than $100,000, or imprisonment for not more than one year in the county jail, and an assessment of 20 license suspension points. The penalty for illegally killing or capturing a bison is a fine of $10,000. The value of a bison is set at $1,000 for the purposes of recovering the value of a bison that is illegally killed or captured. (Note: This summary applies to this bill as enacted.)

The environmental justice advisory board in the department of public health and environment (advisory board) advises the environmental justice ombudsperson, develops recommendations related to adverse environmental effects on disproportionately impacted communities, and supports the implementation of a grant program to finance environmental mitigation projects. The act adds to the advisory board a voting youth member and a nonvoting youth member, which members are between 14 and 21 years of age. The act also requires the Colorado energy office (office), on or before December 31, 2025, to develop and post on its website best practices for the adoption and financing of clean energy resources in schools. The office is required to periodically update the best practices and post the updates on its website. (Note: This summary applies to this bill as enacted.)

In the 2024 regular legislative session, the general assembly enacted Senate Bill 24-005, concerning the conservation of water in the state through the prohibition of certain landscaping practices, which: Prohibits a local entity, on and after January 1, 2026, from installing, planting, or placing, or allowing any person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable property within the local entity's jurisdiction; and Requires a local entity, on or before January 1, 2026, to enact or amend its laws regulating new development projects and redevelopment projects on applicable property in accordance with the new requirements. The act expands the definition of "applicable property" to include a multifamily residential housing premises property that includes more than 12 dwelling units (applicable residential real property). The act prohibits a local entity, on and after January 1, 2028, from installing, planting, or placing, or allowing a person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable properties that include multifamily residential housing premises property. The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects to regulate the installation of nonfunctional turf and include consideration of applicable residential real property. The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects within the local entity's jurisdiction to regulate the installation of turf to reduce irrigation water demand for all residential real property that is not applicable residential real property. Local entities must also regulate the installation of turf when enacting or amending its laws on and after January 1, 2028, to reduce irrigation water demand for all residential real property that is not applicable residential real property. (Note: This summary applies to this bill as enacted.)

The act establishes a definition of "mobile food establishment" to mean a retail food establishment that is operated from a vehicle, can change location, and is intended to operate from a commissary kitchen. The act establishes a reciprocal food safety license between the city and county of Denver (Denver) and other local governments throughout the state. The department of public health and environment (CDPHE) issues a statewide health department license (state license) based on the state health code to mobile food establishments that is valid in all local government jurisdictions throughout the state except for Denver. Denver issues a Denver-specific retail food license (Denver license) to mobile food establishments that is based on Denver's health code and that is only valid within Denver's jurisdiction. The act establishes reciprocity between these two licenses so that the state license is valid in Denver and the Denver license is valid across the state. The act requires the owner or operator of a mobile food establishment that wishes to take advantage of this reciprocity to provide a copy of either their Denver license or the state license to the local government in which they intend to operate or to Denver at least 14 days in advance of when they intend to operate. When a mobile food establishment is operating in a local government jurisdiction, including Denver's jurisdiction, the mobile food establishment must comply with all laws of the local government and is subject to inspection and enforcement by the local government. For a mobile food establishment with a state license that intends to operate in Denver, the mobile food establishment must submit certain documentation including, if requested, a summary of any violations within the previous calendar year related to the license or the operation of the mobile food establishment. The act also establishes that a fire safety permit that has been issued to a mobile food establishment by a local government is valid in any other local government jurisdiction if the fire safety permit was issued: By a local government that has adopted the most recent international fire code or a fire code that has incorporated the minimum standards for mobile food establishments developed by the division of fire prevention and control; and After completing an inspection by a certified fire inspector. The act requires that a mobile food establishment send a copy of the fire safety permit to the local government in which they intend to operate at least 14 days in advance of operation. While operating in a local government's jurisdiction, the mobile food establishment must comply with that local government's fire safety code and is subject to inspection and enforcement by the local government. The act authorizes the division of fire prevention and control to adopt minimum codes and standards for the operation of mobile retail food establishments for use by local governments. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)