Sen. Judy Amabile

Maddy summarySenate Resolution 25-008 designates March 31 of each year as "Transgender Day of Visibility" in Colorado. The resolution commits the Colorado Senate to defending transgender rights in health care, education, employment, housing, and civic participation while acknowledging Colorado's historical role in providing gender-affirming care. It also expresses solidarity with transgender people and other marginalized groups facing rights challenges. This symbolic resolution does not create new laws or funding but serves as a formal public affirmation of support for transgender Coloradans.

Section 20 of article X of the state constitution (TABOR) requires the maximum annual percentage change in state fiscal year spending to equal inflation plus the percentage change in state population in the prior calendar year adjusted for revenue changes approved by voters. Although TABOR does not specify how the state shall determine the percentage change in state population (population growth), the TABOR implementing statutes do. For years in which there is not a decennial census, the TABOR implementing statutes required the state to calculate population growth by determining the percentage change between: The federal census bureau's estimate of state population (census estimate) for the previous calendar year, as of December in the current calendar year; and The census estimate for the current calendar year, as of December in the current calendar year. This method for calculating population growth can lead to either double-counting or under-counting of population changes in census estimates. If the federal census bureau revises a census estimate upward for a given year, population growth will be understated and the fiscal year spending limit will be lower. The opposite is true if the federal census bureau revises a census estimate downward. In either case, under this method for calculating population growth, population growth would be measured inaccurately. The act adjusts the method of calculating population growth. Under the act, population growth is calculated by determining the percentage change between: The census estimate, as of December in the previous calendar year, for the previous calendar year; and The census estimate, as of December in the current calendar year, for the current calendar year. This approach prevents double-counting or under-counting population changes as a result of revised census estimates and results in a more accurate measurement of population growth. (Note: This summary applies to this bill as enacted.)

Current law requires that bond can be posted online. The act makes clarifying changes to the bond statutes to ensure that bond can be posted online. (Note: This summary applies to this bill as enacted.)

The act merges 2 existing medicaid waiver programs for children into one children's home- and community-based services waiver program, known as the children with complex health needs waiver program. The act relocates provisions to the new program due to the repeal of the 2 existing waiver programs. (Note: This summary applies to this bill as enacted.)

The act authorizes an occupational therapist to directly recommend or prescribe durable medical equipment to a patient without requesting the prescription from a licensed physician and requires that the occupational therapist consult with the patient concerning payment options. (Note: This summary applies to this bill as enacted.)

Under current law, there are requirements of an athletic association, an institution of higher education, and a student athlete regarding a student athlete's compensation for their name, image, or likeness. The act extends these requirements to an individual who is eligible to engage in an intercollegiate sport. The act allows an institution of higher education or athletic association to compensate a student athlete for the use of the student athlete's name, image, or likeness. Under current law, a student athlete is prohibited from entering into a contract if it conflicts with a team contract. The act repeals this prohibition and related provisions. The act requires each institution of higher education to submit to the department of higher education a copy of its annual report to the organization with authority over intercollegiate athletics, including information concerning gender- and sport-based spending. Under the "Colorado Open Records Act", the act exempts from the public right of inspection personally identifiable information that is contained within an agreement or contract concerning a student athlete's or prospective student athlete's name, image, or likeness, or any communication or material related to an agreement or a contract concerning a student athlete's or prospective student athlete's name, image, or likeness. (Note: This summary applies to this bill as enacted.)

Backflow is the reverse flow of water, fluid, or gas caused by back pressure or back siphonage. Under current law, individuals who are engaged in the business of installing, removing, inspecting, testing, or repairing backflow prevention devices are subject to the licensure requirements for plumbers, except when the individuals are installing or testing a stand-alone fire suppression sprinkler system. The act exempts individuals engaged in the business of inspecting, testing, or repairing backflow prevention devices from licensure requirements but retains the licensure requirements for individuals engaged in the installation or removal of the devices; except that individuals who install or replace a backflow prevention device on a stand-alone fire suppression system remain exempted from the licensure requirements. The act requires that, on and after July 1, 2025, a licensed plumber who installs, tests, inspects, repairs, or reinstalls a backflow prevention device and a certified cross-connection control technician or a licensed plumber with a cross-connection control technician certification who tests or repairs a backflow prevention device must affix a tag on the backflow prevention device that contains certain information about the licensed plumber, the certified cross-connection control technician, or the licensed plumber with a cross-connection control technician certification, as applicable, and the service that was provided. (Note: This summary applies to this bill as enacted.)

The act grants a right for defense counsel to review a tangible object related to a criminal case at least 35 days before a trial, except for cases involving sexually exploitative material, and create confidential work product following their review. Law enforcement shall designate a specific location for the evidence viewing and be present during the evidence viewing to ensure chain of custody and integrity of the evidence. The act does not limit the defense's ability to request testing or a hearing, or the court's ability to conduct a hearing, on a tangible piece of evidence. Law enforcement officers and other state officials may record an evidence viewing by either the prosecution or the defense for the purpose of ensuring the chain of custody, integrity, or safety of the evidence held by the law enforcement agency, and must provide notice to the prosecuting authority and defense if a recording occurs. Law enforcement may view the recording for purposes of organization or cataloguing the evidence, or as authorized by a court order. A trial court may enter protective orders relating to a recording of an evidence viewing. When a member of the defense team is viewing evidence and is incidentally recorded on a law enforcement body-worn camera, it is not an interaction with law enforcement for purposes of the body-worn camera statute and is not for the purpose of enforcing the law or investigating possible violations of the law. (Note: This summary applies to this bill as enacted.)

The act requires the Colorado bureau of investigation (CBI) to spend $3,000,000 in specifically appropriated money from House Bill 24-1430, concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2024, except as otherwise noted, on backlogged DNA evidence and sexual assault kit tests, as well as DNA retesting related to CBI's laboratory misconduct that was discovered in 2023. Additionally, the act allows CBI to contract with external labs to perform the testing. The act requires CBI to create a dashboard on the department of public safety's website to update the public on the backlog at least every 30 days. CBI shall provide the general assembly with updates on the sexual assault kit backlog, including the number of cases pending, the number of tests CBI's lab conducted, the number of tests CBI contracted out, an update on CBI's laboratory staffing levels, the average turnaround time for a sexual assault kit test, and other relevant data points every 30 days from March 10, 2025, through June 30, 2026. (Note: This summary applies to this bill as enacted.)

The act broadens the scope of the managed care entities that a local county department of human or social services may enter into memorandums of understanding with to coordinate and manage services for children and families who would benefit from integrated multiagency services. The act allows a court with jurisdiction to access records that are created by an individualized service and support team. (Note: This summary applies to this bill as enacted.)