Sen. Katie Wallace

The act changes the time period for which a licensee's or applicant's prior conviction of or plea of no contest to specific crimes requires the motor vehicle dealer board (board) to revoke or deny a license to the licensee or applicant from a 10-year period to a 3-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant or licensee has not been convicted of any other criminal offense during the 3-year period. After the 3-year period, the board may only consider the individual's application or license; except that the board may consider a conviction for a crime that is directly related to the auto industry at any time. (Note: This summary applies to this bill as enacted.)

The act prohibits the department of human services (department) from requiring an applicant for the low-income home energy assistance program (program) to provide their citizenship or immigration status on an application for assistance under the program, unless that information is required as a condition of eligibility for the program. The department is also prohibited from sharing the citizenship or immigration status of an applicant for or recipient of assistance under the program with any federal law enforcement agency, unless disclosure is required by law or court order. If an individual applies for assistance under the program and the individual's application is denied due to insufficient or incomplete documentation, the department must provide notice to the applicant that their application has been denied and provide the applicant at least 60 days to correct or complete the application. The investor-owned public utility of which the applicant is a customer must place a disconnection hold on the applicant's utility service for no more than 60 days while the customer's application is pending review. (Note: This summary applies to this bill as enacted.)

The act requires the department of public health and environment (department) to establish a page on the department's public website with credible, evidence-based information on the health impacts of gas-fueled stoves. The act prohibits a retailer from selling, attempting to sell, or offering to sell, in a store, a new gas-fueled stove to a consumer in the state unless a yellow adhesive label on the display model for the gas-fueled stove bears the phrase "Understand the air quality implications of having an indoor gas stove." Following this phrase, the adhesive label must include a website link or a quick response (QR) code or other machine-readable code that a potential consumer may use to access the web page established by the department with information on the health impacts of gas-fueled stoves. Before transacting an online sale of a new gas-fueled stove to an address in the state, a retailer is required to post the content of the adhesive label on the internet website where the online sale occurs. The act specifies that a retailer that violates the requirements of the act commits a deceptive trade practice under the "Colorado Consumer Protection Act". (Note: This summary applies to this bill as enacted.)

The act requires that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train. A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad employee or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train. The act eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to engage in inspection, investigation, and enforcement activities regarding the following railroads: A class I railroad; A railroad operating on any line that was used by class I railroads as of July 1, 2024; and A passenger railroad. The act requires the office to gather, analyze, and assess information, including: Data to create a more comprehensive understanding of railroad safety; Wayside detector information; Information regarding blocked public crossing locations; Information regarding railroad maintenance activity; An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation; The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and Communication issues impacting railroad lines in the state. Beginning on or before July 1, 2027, a railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the act. The commission shall determine a methodology for calculating the fee by rule, and the commission may include specified criteria in the calculation. The total amount collected pursuant to the annual fee must not exceed $2,900,000 in a calendar year. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee. (Note: This summary applies to this bill as enacted.)

The act extends the Emily Keyes - John W. Buckner organ and tissue donation awareness fund indefinitely. (Note: This summary applies to this bill as enacted.)

Section 1 of the act requires, in addition to othr existing uses, that interest and income earned on the investment of the money in the public school fund to be used to pay for the costs of administering a newly created shared equity down payment assistance program. Section 2 requires at least one member of the public school fund investment board (board) to have expertise in community investments, requires the board to direct the state treasurer to securely invest money deposited in the public school fund in a manner that prioritizes specified new investment objectives, and authorizes the board to enter into contracts with investment advisors or other investment professionals to provide advice on community investments. Section 3 extends the time frame under which the state treasurer may make up a loss of principal to the public school fund by taking actions which lead to gains in the fund from 18 to 24 months. Section 4 creates a new community investment portfolio (portfolio) within the public school fund, and requires the state treasurer to invest at least 20% of the public school fund's value into the community investment portfolio by July 1, 2032. Money in the portfolio must be invested in community investments, and allowable community investments include: Bonds issued by Colorado school districts and charter schools; Certificates of participation issued by Colorado school districts and charter schools; Mortgage pass-through securities and collateralized mortgage obligations secured by residential real estate, the majority of which is owned by public school employees; Loans to the Colorado middle income housing authority for a revolving loan fund that funds rental housing developments that include preferences for public school employees; Bonds issued by the middle income housing authority that fund rental housing developments which include preferences for public school employees; Bonds or mortgage-backed securities issued by the Colorado housing and finance authority that fund rental housing developments that include preferences for public school employees or mortgages secured by residential real estate, the majority of which is owned by public school employees; Mortgage revenue bonds that support public school employee mortgages with interest rates of 3% or less; Loans to community development financial institutions or nonprofits with a history of providing affordable home ownership financing that fund: Housing that includes preferences for public school employees; or Low-interest mortgages secured by residential real estate that is owned by public school employees; Down payment shared appreciation products secured by residential real estate that is owned by public school employees; and Other investments that support public purpose of the portfolio. The educator first home ownership program (program) is created within the portfolio. Subject to a specified limitation, the treasurer shall invest the following amounts in the program by the following dates: By July 1, 2028, the greater of 6% of the fund's value or $100 million; and By July 1, 2030, the greater of 12% of the fund's value or $200 million. The treasurer shall aim to invest a target of 75% of the money in the program into the shared equity down payment assistance program for public school employees. The shared equity down payment assistance program must be established by July 1, 2026. Once the shared equity down payment assistance program is established: The public school fund investment board shall purchase from the program manager the mortgage products created through the shared equity down payment assistance program; and The public school investment board may provide notice of any discontinuation of future investments that the program manager has not already committed to the shared equity down payment assistance program, which notice must be provided at least 6 months prior to discontinuation. The treasurer shall aim to invest a target of 25% of the money in the program into allowable community investments. The program manager shall establish underwriting criteria and other guidelines for the shared equity down payment assistance program so that the shared equity down payment assistance program: Prioritizes first-time home buyers that use the home as a primary residence; Provides shared equity down payment assistance to public school employees and aims to help as many public school employees as possible achieve affordable home ownership; and Allows appreciation-sharing between the shared equity down payment assistance program and the borrower. Unless investments in the shared equity down payment assistance program have been discontinued and there is no fund money invested in the shared equity down payment assistance program, the program administrator shall present an annual report to the board on program outcomes. For the 2025-26 state fiscal year, section 5 appropriates $375,900 from interest or income earned on the investment of the money in the public school fund to the department of the treasury. (Note: This summary applies to this bill as enacted.)

The act implements and describes the operation of the pediatric primary care practice program (primary care program) in the department of early childhood (department). The purpose of the primary care program is to provide funding and support to a pediatric primary care medical practice (medical practice) to integrate into the medical practice a professional who specializes in whole-child and whole-family health and well-being. The department shall contract with an implementation partner (primary care partner) to implement, operate, and administer the primary care program. The primary care partner shall create and implement a team-based, research-informed pediatric primary care practice evidence-based model (evidence-based model). The evidence-based model must be a comprehensive approach to guide pediatric care medical practices to deliver services to children from birth to 3 years of age and their families. The primary care partner shall: Establish an application and selection process with the department for select medical practices to participate in the primary care program; Review applications from medical practices and select applicants to participate in the primary care program; Work with selected applicants to complete assessments on the applicants' community health-care systems, health and well-being practices, and related concerns; and Train and support the medical practices selected to participate in the primary care program to maintain fidelity to the evidence-based model. The executive director of the department may adopt rules to carry out the purposes of the primary care program. (Note: This summary applies to this bill as enacted.)

In the Colorado Revised Statutes, the act moves existing definitions into existing or new definition sections so that a reader may easily locate the definitions applicable to the relevant law. The act makes the changes without making substantive changes to the law. (Note: This summary applies to this bill as enacted.)

The act directs the Colorado department of public health and environment (CDPHE), in coordination with the department of revenue (DOR) and the department of regulatory agencies (DORA), to collect information and data related to the use of natural medicine and natural medicine products, including data on the following topics: Law enforcement incidents involving the use of natural medicine and natural medicine products; Adverse health events involving the use of natural medicine and natural medicine products; Impacts on health-care facilities, hospitals, and health-care systems related to the use of natural medicine and natural medicine products; Consumer protection claims related to natural medicine and natural medicine products; and Behavioral health impacts related to the use of natural medicine and natural medicine products. CDPHE and other relevant state departments shall also request and collect relevant data and information related to the health effects of the use of natural medicine from sources that may include all-payer claims data, hospital discharge data, peer-reviewed research studies, and other sources as determined by CDPHE. The data and information collected by CDPHE must be de-identified and not include the personal identifying information of any individual. CDPHE must provide the data and information collected to DOR for use in DOR's annual report concerning the implementation and administration of Colorado's natural medicine program. The act establishes the pilot data collection program, which requires CDPHE to create and maintain a database consisting of data and information collected by from facilitators and healing centers (database). Facilitators must provide data and information to CDPHE regarding health outcome data, demographic information, information related to the outcome of a participant's administration session, information concerning natural medicine services provided by the facilitator, and other relevant information as determined by DORA. Healing centers must provide data and information to CDPHE concerning demographic information of individuals who use regulated natural medicine services, outcome data related to an individual's participation in regulated natural medicine services, and any other information as determined by DOR. All data collected from facilitators and healing centers must be de-identified and not include the personal identifying information of individuals and is not subject to the "Colorado Open Records Act", subpoena, or discovery and is not admissible as evidence in any private civil action. The collection of data and information by CDPHE, DOR, and DORA and the maintenance of the database is subject to the acceptance of gifts, grants, or donations by CDPHE, and CDPHE is not required to collect the data and information or maintain the database as required by the act if there is not sufficient funding. The act requires CDPHE, in consultation with the natural medicine advisory board, DOR, and DORA, to conduct a review to determine whether there is sufficient funding available for the collection of data and information and the maintenance of the database prior to the repeal of the statute on September 1, 2030, and submit that determination to the general assembly. The act clarifies certain statutory provisions related to the issuance of owner licenses and employee licenses for natural medicine businesses. The act removes the fingerprinting requirement to obtain a license, but requires an applicant for a license to complete a name-based judicial record check. The act permits the state licensing authority to adopt rules regarding the types of regulated natural medicine products that can be manufactured and requires the state licensing authority to adopt rules related to product labels for regulated natural medicine and regulated natural medicine products, including rules prohibiting: Labels that are attractive to individuals under 21 years of age; The use of colors, pictures, and cartoon images on a label; The use of the word "candy" or "candies" on a label; and A label that is likely to cause confusion as to whether the regulated natural medicine or regulated natural medicine product is a trademarked food product. The act permits the governor to grant pardons to a class of defendants who were convicted of the possession of natural medicine. The money appropriated to the regulated natural medicines division cash fund made in the general appropriation act for the 2025-2026 state fiscal year to the department of revenue is decreased by $78,287. $208,240 is appropriated to the office of the governor for use by the office of information technology. The appropriation is from money received from gifts, grants, and donations received by the department of public health and environment. (Note: This summary applies to this bill as enacted.)

Current law states that rules adopted by the marijuana enforcement division (division) may include certain subjects. The act states that: Rules concerning record keeping may include certain information and must include certain other information; and The rules may require medical marijuana products manufacturers or retail marijuana products manufacturers to use an approved licensed premises and approved equipment to manufacture and prepare products not infused with regulated marijuana for the purpose of quality control and research and development in the formulation of regulated marijuana products. If a license holder is required to maintain books and records in the seed-to-sale inventory tracking system, the license holder need not maintain duplicate copies of the books and records. If a license holder violates regulatory requirements, the division may require the license holder to maintain additional records. The act states that the division may adopt rules concerning identification cards for controlling beneficial owners, passive beneficial owners, or individuals who handle or transport regulated marijuana on behalf of license holders. Current law requires all applicants for an employee identification card to obtain a fingerprint-based criminal history check. The act requires only controlling beneficial owners and passive beneficial owners to obtain a fingerprint-based criminal history record check, and other employees must merely obtain a name-based judicial record check. The act requires that rules adopted by the division concerning video recording requirements must include rules to address specific aspects of such surveillance. The act authorizes the division to notify license holders by digital communication of their license expiration date. Current law authorizes marijuana cultivation facilities and marijuana products manufacturers to provide research and development units (R-and-D units) to managers and sets standards for the practice. The act reforms these standards with regard to labeling, testing, packaging, and tracking. The act also prohibits a facility or manufacturer from committing certain acts involving R-and-D units and requires the division to adopt rules concerning the issuance of R-and-D units to occupational licensees. The act repeals provisions that prohibit a person from: Having a controlling beneficial ownership, passive beneficial ownership, or indirect financial interest in a license that was not disclosed; Having day-to-day operational control over the business if the person isn't a Colorado resident; and Engaging in transfer of ownership without prior approval. The act authorizes the division to set and collect a fee to fulfill requests for copies of a license application. Current law requires a person that accepts a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person for a medical marijuana business to notify the state and local licensing authorities of the appointment and apply for a finding of suitability. Current law also prohibits a person from possessing, operating, managing, or controlling a medical marijuana business on behalf of another except by court appointment . The act applies these laws to retail marijuana businesses. The act provides that on July 1, 2025, and July 1, 2026, the state treasurer will transfer $300,000 from the general fund to the marijuana entrepreneur fund. The appropriation to the division from the marijuana cash fund in the annual general appropriation act for the 2025-26 state fiscal year is decreased by $25,883 if certain conditions apply. The appropriation to the Colorado bureau of investigation from the Colorado bureau of investigation identification unit fund made in the annual general appropriation act for the 2025-26 state fiscal year is decreased by $252,645 if certain conditions apply. (Note: This summary applies to this bill as enacted.)