Sen. Judy Amabile

Maddy summarySJR 3 is a procedural resolution scheduling a joint meeting of Colorado's Senate and House of Representatives on January 16, 2026, to hear a message from representatives of the Ute Mountain Ute Tribal Council and Southern Ute Tribal Council. It directs the appointment of a six-member committee (three from each chamber) to escort tribal representatives to the session. The resolution recognizes the tribes' historical and cultural contributions to Colorado but does not create new laws or policies. This is a formal procedural step to facilitate the tribal message, not a substantive legislative change.

The act requires an organization, defined in the act as a battery stewardship organization, to, no later than July 1, 2027, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries. On and after August 1, 2027, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director. On and after July 1, 2029, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization. The act specifies what a plan must contain to be approved by the executive director, including, among other things, contact information for participating producers, performance goals, and methods to promote participation in the plan and increase public awareness of the battery stewardship program (program) that will be implemented by the battery stewardship organization pursuant to the plan. In addition, a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are available free of charge to any person. A battery stewardship organization implementing an approved plan is required to develop and administer a system to collect charges from participating producers to cover the costs of implementing the program. In addition, a battery stewardship organization, in consultation with the department of public health and environment (department) and interested stakeholders, must complete an assessment of the opportunities and challenges associated with the end-of-life management of certain batteries, which assessment must be submitted by the department to the general assembly on or before March 1, 2028. On or before June 1, 2029, and on or before each June 1 thereafter, a battery stewardship organization with an approved plan must submit an annual report to the executive director, which report must include certain information about the preceding year of plan implementation. The act also requires a battery stewardship organization to carry out promotional activities to increase public awareness of the program. Battery stewardship organizations with approved plans must coordinate to conduct a survey of public awareness of the programs and share the results of the survey with the executive director as part of the annual reports. A battery stewardship organization is required to pay a one-time fee of $50,000 at the time of submittal of a plan to the executive director. If the executive director approves the plan, the battery stewardship organization is required to pay an additional fee of $86,000. Within 12 months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization must pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing the act's requirements. The solid and hazardous waste commission establishes the amount of the annual fee by rule. On and after January 1, 2028, the act prohibits a producer or retailer from selling, offering for sale, or distributing in or into the state certain batteries unless the batteries are marked with labels that: Identify the producer of the batteries; and Include certain information to ensure the proper collection and recycling of the batteries. Beginning January 1, 2030, a person is required to manage certain unwanted batteries through delivery to a collection site, program, or event established by the program. A person is prohibited from disposing of certain batteries in a landfill. The department will enforce violations of the act's requirements pursuant to the enforcement process for the state hazardous waste management program. (Note: This summary applies to this bill as enacted.)

The act modifies the state property tax deferral program (program) under which the state makes a secured loan to a qualified taxpayer to pay property taxes owed for the taxpayer's homestead by: Again limiting eligibility for the program to seniors and persons called into active military service, who, until a 2021 program expansion also allowed otherwise nonqualifying taxpayers whose property tax had increased by at least a specified percentage to participate, had been the only eligible individuals; and Shifting portions of the responsibility for the administration of the program that had been shifted from the county treasurers to the state treasurer in 2022 back to the county treasurers. For the 2025-26 state fiscal year, $160,826 is appropriated from the general fund to the department of the treasury for operating expenses related to the implementation of the act. (Note: This summary applies to this bill as enacted.)

The state allows a student pursuing higher education who satisfies statutorily specified eligibility criteria to claim an income tax incentive for amounts paid for tuition and fees for qualifying academic semesters or terms that the student completes. The act clarifies the statute that provides for the income tax incentive to improve the administration, including data tracking and reporting, of the incentive. For the 2025-26 state fiscal year, $135,446 is appropriated from the general fund to the department of revenue for use by the taxation business group to implement the act. (Note: This summary applies to this bill as enacted.)

Prior to taking enforcement actions to recover money owed to a unit owners' association (HOA) and related collection costs or attorney fees through the foreclosure of an association lien, the act requires the HOA to be in compliance with HOA lien or foreclosure laws (lien or foreclosure laws) and applicable lien or foreclosure provisions of the HOA's declaration, bylaws, articles, and rules and regulations (governing documents). If the HOA is not in compliance with the lien or foreclosure laws or the governing documents, the court may stay the foreclosure proceedings to grant the HOA reasonable time to come into compliance and shall consider the effect of the HOA's noncompliance if awarding the HOA attorney fees. For purposes of sending notices to unit owners relating to delinquent assessments or foreclosure actions, the HOA shall periodically request from a unit owner or the unit owner's designated contact an email address, a telephone number, and a cellular number for texts. An HOA's written policy concerning the collection of unpaid assessments must require the notice of deficiency that the HOA sends to a unit owner to include the following: An advisement that the unit owner may request a copy of the HOA's ledger verifying the amount owed, which copy of the ledger shall be sent to the unit owner no later than 7 business days after the request; An advisement that failure to pay a delinquent assessment could result in the HOA filing a lien and instituting foreclosure of the lien (foreclosure action) and that a foreclosure action could result in the sale of the unit at auction and the unit owner losing some or all of the unit owner's equity in the unit; and An advisement that free information relating to the HOA's collection of assessments and the HOA's ability to file a foreclosure action and a link to credit counseling information is available online through the HOA information and resource center (recourse center). At least 30 days prior to initiating a foreclosure action, the HOA must send notice of the HOA's intent to foreclose the association lien, including notice that the foreclosure of the lien will result in the sale of the unit at auction, which could result in the unit owner losing all or some equity in the unit; the unit owner may obtain credit counseling prior to foreclosure; and free online information relating to foreclosure by an HOA is available through the resource center. No later than 5 business days after the HOA initiates legal action to foreclose a lien and sell a unit at auction, the HOA shall provide the unit owner with notice that the unit owner has a right to cure the delinquency and to file a motion with the court to stay the sale of the property at auction. At any time after an HOA files an action for foreclosure of the HOA's lien on a unit, but prior to the date of auction, the unit owner may file a motion with the court to stay the auction of the unit to allow the unit owner to list the unit for sale at fair market value or at an alternate amount determined by the court. The court's order is in effect for 9 months after the date of the order. The court may extend the 9-month stay for good cause or upon proof that the sale of the unit is imminent. Proceeds from the sale will be held in escrow for the court to determine the distribution of the sale proceeds. As part of an HOA's annual registration (annual registration) with the director of the division of real estate in the department of regulatory agencies (director), an HOA shall submit the following information, which aggregated data must be included in the resource center's annual report: The number of unit owners 6 or more months delinquent in the payment of assessments during the preceding 12 month period; The number of judgments obtained against unit owners; The number of payment plans entered into with unit owners; and The number of foreclosure actions filed by the HOA and other information requested by the director.(Note: This summary applies to this bill as enacted.)

The act requires the state auditor to conduct or cause to be conducted performance audits (audits) of the air pollution control division in the department of public health and environment and the division of unemployment insurance in the department of labor and employment (divisions). The audits will determine whether each of the divisions effectively and efficiently performs and fulfills its statutory obligations. In addition, as part of the audits, the state auditor is required to: Determine whether a division complies with statute and its statutory purpose; Assess the impact of a division's processes on providing access to program benefits and, for the labor and employment division audit only, identify any division processes that may be unnecessary, unreasonable, or cause delays; Determine whether a division's staffing and funding levels are sufficient for it to efficiently and effectively perform its statutory duties and responsibilities, which, in for the air pollution control division audit only, must include assessment of how funding or staffing changes made at the state level might impact local governments; and Determine whether a division requested and was appropriated additional resources and whether the approval or denial of such a request impacted program implementation and timing of implementation. The initial audit of the air pollution control division must begin and be completed in calendar year 2026, with an additional audit occurring in calendar year 2031. The initial audit of the division of unemployment insurance must begin and be completed in calendar year 2027, with an additional audit occurring in calendar year 2032. Upon completion of an audit, the state auditor is required to submit a written audit report to the legislative audit committee. (Note: This summary applies to this bill as enacted.)

The act establishes visitation as a right for a person confined in a correctional facility (confined person). The department of corrections (department) may: Limit visitation for a confined person who is in restrictive housing or as a sanction following a conviction for a class 1 code of penal discipline violation; Reduce, but not eliminate, the number of visits available per week to a confined person as a result of an increase in the person's custody classification level; Temporarily deprive visitation as necessary for facility operations or for the safety of the facility, persons in the facility, and the general public; and Deny or cancel visitation for a confined person at any time as necessary to comply with requirements imposed by a court order, for victim safety, to prevent communication with a co-defendant, to preserve the integrity of a criminal investigation, to comply with treatment protocols, or for any other reason required by law. Video visits may supplement, but must not take the place of, in-person visits when in-person visits are permitted. If a confined person provides the department with reasonable notice that a requested visitation is for virtual attendance at a funeral or during or immediately following the birth of a child in the person's family, the act requires the department to make all reasonable efforts to allow the person to participate in the visitation via virtual attendance, or, if virtual attendance is not possible, via telephone. The department may adopt policies to govern visitations, including policies necessary to allow visitation as part of routine facility operations. The act states that it does not create a private right of action. The act permits a confined person to file a grievance with the department if the confined person alleges deprivation of visitation. The department is required to include information about visitation and grievances in its annual SMART Act hearing. (Note: This summary applies to this bill as enacted.)

The act modifies the schedule and amounts of annual transfers from the general fund to the state highway fund as follows: The $100 million transfer to the state highway fund scheduled for July 1, 2025, is reduced to $32.2 million; The $100 million transfer to the state highway fund scheduled for July 1, 2026, is reduced to $50.5 million; The $82.5 million transfers to the state highway fund scheduled for each July 1 from July 1, 2029, through July 1, 2031, are increased to $100 million; A new $64.8 million transfer to the state highway fund is scheduled for July 1, 2032; and The $7 million transfers to the state highway fund for the purpose of providing additional funding for the revitalizing main streets program scheduled for each July 1 from July 1, 2025, through July 1, 2031, are eliminated.(Note: This summary applies to this bill as enacted.)

The act prohibits residential rental agreements, in relation to a tenant's death, from requiring acceleration of rent beyond the end of the month or more than 10 business days after the dwelling unit is vacated after notice to the landlord of the tenant's death, whichever is later. Further, the act prohibits the enforcement of terms in rental agreements that authorize liquidated damages or other penalties if the rental agreement is terminated before the end of its term due to the death of a tenant. The act authorizes a landlord to take possession of the dwelling unit without filing an eviction action or otherwise obtaining a court order if the personal representative of the tenant's estate notifies the landlord of the surrender of the premises or,30 days after the death of the tenant, rent remains unpaid or substantially all of the tenant's property has been removed. In addition, a landlord may retain a security or damages deposit sufficient to cover costs of damages caused by the death of the tenant. (Note: This summary applies to this bill as enacted.)

The act imposes requirements related to money appropriated to the department of higher education to be used by the Auraria higher education center (AHEC) in the 2025-26 state fiscal year. Money appropriated for operational costs must be used as agreed upon by the constituent institutions in baseline service level agreements. Any service or performance level agreement that the AHEC enters into using money appropriated for the 2025-26 state fiscal year must: Be executed by all contracting parties no later than September 1, 2025; Clearly describe the services, service and staffing levels, and performance expectations that are contracted for; and Provide that, if costs for services exceed the prices provided for in the contract, those excessive costs will not be assumed or incurred until an additional contract is executed or the original contract is amended. In the 2025-26 state fiscal year, the AHEC shall manage all resources related to baseline service level agreements and goals and shall present quarterly updates to the constituent institutions regarding baseline service level agreements and goals. For other services for the 2025-26 state fiscal year that are not already contracted for in the baseline service level agreements, the AHEC shall establish fee structures, and the constituent institutions may enter into agreements with the AHEC for the provision of those services. The act requires the constituent organizations and the AHEC to contract with an independent third-party entity that shall conduct the Auraria comprehensive study (study). The constituent institutions and the AHEC shall agree upon which independent third-party entity will conduct the study before executing a contract to select the independent third-party entity. If the constituent institutions and the AHEC do not agree upon an independent third-party entity by August 1, 2025, the Colorado commission on higher education shall, no later than December 31, 2025, select the independent third-party entity from options proposed by the constituent institutions. The study must examine the operations of the Auraria campus and the services provided to students by the constituent institutions and by the Auraria board of directors through the AHEC. The study must also examine the money that the general assembly appropriates to the department of higher education that is used in connection with the AHEC; the accounting of such money, and any appropriations or transfers of such money, in accordance with section 20 of article X of the state constitution; and recommendations for future appropriations that will be used in connection with the AHEC. The independent third-party entity shall present a report on the findings of the study; except that, if the independent third-party entity cannot complete the report by December 31, 2025, the independent third-party entity shall notify the constituent institutions and the AHEC and shall present the report no later than January 30, 2026. The study must include: A review of all plans and studies conducted in the past 15 years regarding the mission, vision, and development of the Auraria campus; An evaluation of the statutory design and mission of the Auraria campus; An evaluation of the current governance model of the Auraria campus; An evaluation of the operations and management structures under the current governance model of the Auraria campus; A comparison of the current governance model to alternative governance models which may yield greater efficiencies in service delivery; and An evaluation of the financial supports and structures of Auraria campus governance and operations. The constituent institutions may seek, accept, and expend gifts, grants, or donations from private or public sources for the purpose of funding the study, and shall enter into a cost-sharing agreement to pay for the study using gifts, grants, and donations. The act reduces the general fund appropriation made in the annual general appropriation act for the 2025-26 state fiscal year to the department of higher education for the college opportunity fund program for fee-for-service contracts with state institutions by $31,435,042. The act appropriates $31,435,042 from the general fund to the department of higher education for use by the AHEC. (Note: This summary applies to this bill as enacted.)