Senate Bill 25-163, concerning the establishment of battery stewardship programs for the disposal of certain batteries, created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries. The act expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'. On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department). On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers must submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after July 1, 2029, the act prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the act. The act also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan. The act requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the act requires a propulsion battery provider to, on and after July 1, 2029, label a propulsion battery and specifies the information that must be included on the label. On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider. A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is also required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the act. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029. The act specifies how the department is required to implement, administer, and enforce the act. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, provide a digital registration form that an entity can use to register, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program. The act also sets forth requirements for persons that remanufacture a propulsion battery; persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed; commercial entities that take possession of a propulsion battery for the purpose of selling, dispositioning, repairing, reusing, or recycling the propulsion battery; and entities that conduct propulsion battery recycling. On and after July 1, 2029, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.(Note: This summary applies to this bill as enacted.)
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The act changes terminology related to child prostitution to commercial sexual activity with a child in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child. A court is required to sentence an offender convicted of one of the listed offenses, other than soliciting for commercial sexual activity with a child, to at least the minimum of the presumptive range for the level of offense associated with the crime. For an offense of soliciting for commercial sexual activity with a child, if the court sentences the person to probation, the court shall order as a condition of probation that the person serve 364 days in the county jail. In the crime of soliciting for commercial sexual activity with a child, the act adds knowingly soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that meeting will facilitate commercial sexual activity with a child. The act removes the spousal exception from the crime of engaging in commercial sexual activity with a child. The act makes the penalty for internet luring of a child a class 3 felony when the offense is committed with the intent to meet for the purpose of engaging in commercial sexual activity. In this circumstance, a court is required to sentence the offender to at least the minimum of the presumptive range for the class 3 felony.(Note: This summary applies to this bill as enacted.)
The act creates the 'Colorado Mandatory Lethality Assessment Act', which requires peace officers to conduct a lethality assessment when responding to a domestic violence incident and include the completed lethality assessment in the incident report. A peace officer is not required to administer a lethality assessment if a victim is unavailable, not at the scene, incapacitated, or if circumstances otherwise make the administration of the lethality assessment impossible or impracticable. If the lethality assessment indicates that an individual is a high-risk victim, or if the lethality assessment does not indicate a victim is high-risk but a peace officer determines an individual is a high-risk victim based on the totality of the circumstances, the peace officer is required to immediately contact a community-based victim's advocate either by phone or in person and provide the high-risk victim the opportunity to speak with the advocate. The act requires the attorney general's office, in consultation with a Colorado-based coalition that advocates for survivors of domestic violence, to develop a mandatory training for peace officers to learn how to administer the lethality assessment and provide victim referrals. No later than June 1, 2027, the attorney general is required to make the training available and offer assistance to law enforcement agencies in providing the training. Beginning July 1, 2027, the act requires each law enforcement agency to ensure that each peace officer employed by the agency has completed the mandatory training; except that a law enforcement agency that has provided training on the administration of lethality assessments prior to July 1, 2027, is not required to provide additional training. Beginning January 2028, and each January thereafter, the act requires the attorney general's office to report to the general assembly certain information related to lethality assessments conducted in the previous calendar year. No later than January 31, 2030, the domestic violence fatality review board shall evaluate the effectiveness of mandatory lethality assessments and referrals to resources and submit the evaluation to the general assembly. The act does not impose criminal, administrative, or civil liability on any person for an act or omission made in good faith related to administering a lethality assessment.(Note: This summary applies to this bill as enacted.)
For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult. The act creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; andBe heard at a restitution assessment hearing.(Note: This summary applies to this bill as enacted.)
Beginning in state fiscal year 2027-28, the act requires the department of public safety (department) to submit a budget request for community corrections and to include in its budget request information regarding projected community corrections program needs, including certain data points and analysis related to residential and nonresidential bed capacity, the per diem reimbursement rate for each bed type, and other guideposts related to community corrections appropriations. The department must include information on the budget request in its yearly 'SMART Act' hearing.(Note: This summary applies to this bill as enacted.)
The act addresses security measures for the legislative department and judicial department of state government, for the governor, and for certain elected officials and candidates for elected office. Sections 1 through 4 and sections 6 and 7 of the act create the position of the administrator of legislative safety for the general assembly, address the authority of the Colorado state patrol (state patrol) in the state capitol buildings complex (capitol complex), and change the current position of chief security officer to the sergeant at arms. Specifically, section 1 authorizes the executive committee of the legislative council (executive committee) to, subject to available appropriations, appoint an administrator of legislative safety to serve as the primary point of contact for members of the general assembly on all matters relating to their personal safety and security and to coordinate, in collaboration with the Colorado state patrol, security and protection for members of the general assembly, employees of the general assembly, and other individuals specified by the executive committee (covered individuals). The administrator of legislative safety performs their duties under the direction and supervision of the executive committee and, with approval of the executive committee, may appoint additional personnel as necessary to perform the functions assigned to the administrator of legislative safety. In fulfilling their duties, the administrator of legislative safety shall coordinate with the Colorado state patrol and may coordinate with local law enforcement agencies and with the sergeants at arms of each house of the general assembly. Sections 2 and 3 change the title of the chief security officer, which each house of the general assembly is authorized to appoint, to the sergeants at arms. Section 2 specifies that each house that appoints sergeants at arms may consult with the administrator of legislative safety in connection with the supervision of the sergeants at arms. Section 4 specifies that the administrator of legislative safety is a peace officer whose authority includes enforcing all laws of the state and who may be certified by the P.O.S.T. board. Section 5 specifies that the Colorado state patrol's jurisdiction includes law enforcement services for the governor's mansion. Existing law requires the state patrol to provide protection for members of the general assembly when they are present in the capitol complex and, under certain circumstances, when they attend functions held elsewhere in the state. Section 6 includes other covered individuals under the state patrol's protection when they are present in the capitol complex. In addition, section 6 clarifies that the state patrol's jurisdiction includes law enforcement services for the capitol complex and requires the state patrol to coordinate its law enforcement efforts in the capitol complex with the administrator of legislative safety. Existing law grants the city and county of Denver jurisdiction to enforce the laws of the state for the security of people and property in the capitol complex. Section 7 clarifies that this authority is in addition to the jurisdiction of the state patrol to enforce the laws of the state in the capitol complex. Sections 8 through 10 address various other security concerns for certain elected officials. All candidate committees, political committees, small donor committees, and political parties are required to register with the secretary of state (secretary) or municipal clerk, as applicable, before accepting or making any campaign contributions. Registration requires the submission of a statement listing, among other items, a street address for the principal place of operations of the committee or party. Section 8 specifies that the address may be a street or mailing address. The secretary is required to make all candidate disclosure statements filed with the secretary available to the public on the secretary's website. Section 9 requires the secretary to redact the candidate's address and other personal information before making a disclosure statement available on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information. Existing law requires specified elected and appointed state officials to file a financial disclosure statement with the secretary that includes, among other items, the legal description of any interest in real property with a market value that exceeds $5,000. Section 10 eliminates the requirement to include a legal description of the property and replaces it with a requirement to identify the city and county in which the property is located. Section 10 also requires the secretary to redact the address and other personal information of elected officials before posting the disclosure statement on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information. Section 11 requires a sheriff who provides security for a court to use the recommended standards developed by the judicial security task force created in the act to implement security measures for court facilities. The county sheriff shall, to the extent practicable, maintain one secure, single-point access to a court facility and use magnetometers when the court is in session. The county sheriff shall also verify that an individual who enters a courthouse with a firearm is not prohibited from carrying a firearm in a courthouse pursuant to existing law and maintain a log including specified information regarding each individual who enters a courthouse with a firearm; except that this verification and logging requirement does not apply to peace officers employed in the courthouse by the county sheriff. Sections 12 through 14 modify the assessment and collection of the court security surcharge, and sections 15 and 16 address other judicial security concerns. Under existing law, courts assess and collect a $5 court security surcharge on certain court filing fees ($5 surcharge). The money from the $5 surcharge is deposited in the court security cash fund, which is distributed to counties through grants made by the court security cash fund commission for the counties to use for purposes related to the security of facilities containing a state court or probation office. Section 12 ends the assessment and collection of the $5 surcharge on June 30, 2027, and transfers the balance of the court security cash fund on August 31, 2027, to the court security authority (authority), which is created in the act. Section 13 repeals the $5 surcharge, the court security cash fund, and court security cash fund commission on September 1, 2027. Section 14 creates the court security authority as a special purpose authority. Beginning on July 1, 2027, the authority imposes a $10 court security surcharge ($10 surcharge) on the same court filings on which the $5 surcharge was assessed and collected. The courts assess and collect the $10 surcharge and transmit the surcharge money to the authority and the authority is required to use the money from the surcharge to provide grants to counties for the same purposes for which grants from the $5 surcharge were made. The authority may also use money from the $10 surcharge to provide grants to the state court administrator's office for system-wide security needs. The act creates the court security authority board, which initially consists of the same members that comprised the court security cash fund commission and requires the board to award the grants based on specified criteria. Section 15 creates a judicial security task force in the judicial department to develop recommended standards for security at courthouses and other court and probation facilities. Existing law specifies that an individual commits retaliation against a judge if the individual makes a credible threat or commits an act of harassment, or an act of harm or injury upon a person or property as retaliation or retribution against a judge. Section 16 includes judicial employees in this law. Existing law allows specified individuals, defined as 'protected persons', to request that state or local government officials remove their personal information from records that are available on the internet. Under existing law, it is unlawful to post a protected person's personal information on the internet in certain circumstances. In addition to other modifications to this law, section 17 adds judicial employees, staff of the general assembly, and elected officials to the definition of 'protected person'. Section 17 also establishes civil remedies for a protected person recoverable from a person who is not a state or local government official and who has published the protected person's personal information if the person does not remove the personal information upon request. Section 18 prohibits a person from making the personal information of specified elected officials and an elected official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the elected official or the elected official's immediate family. Section 18 also allows an elected official to file a request with a state or local government official to redact the elected official's personal information from records that the state or local government official makes available on the internet. Certain specified parties may access, in certain circumstances, a record that includes information otherwise subject to redaction pursuant to this requirement. Sections 19 through 25 repeal, from each applicable court filing fee, the $5 surcharge that is transmitted to the court security cash fund and implement, for each applicable court filing fee, the $10 surcharge that is transmitted to the authority.(Note: This summary applies to this bill as enacted.)
Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC:If the TNC has at least 20,000 rides occurring monthly (large-scale TNC) on its digital network, pay for the required criminal history record check for an individual before the individual is permitted to act as a driver;Procure a privately administered criminal history record check for a driver at least once every 6 months after the initial criminal history record check;Share the results of each criminal history record check with the driver who is the subject of the record check; andProcure a privately administered criminal history record check if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the privately administered criminal history record checks. A TNC shall create a deactivation and suspension policy to initiate a review of a driver for deactivation within 7 business days if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the attorney general's office, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. The act requires the commission to create a process by rule for sharing information between TNCs regarding the deactivation of drivers. A TNC's deactivation and suspension policy must include meaningful human review of the permanent deactivation of a driver. The act requires a TNC to provide regular safety training to each driver and rider in accordance with rules adopted by the commission. If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the attorney general's office, a district attorney's office, the commission, or a law enforcement agency no later than 72 hours after the request is made, unless the subpoenaing party agrees to a different deadline. The act requires the commission to adopt rules on or before June 1, 2028, establishing requirements for a TNC to ensure that a driver or rider may opt in to audio and video recording of each prearranged ride and integrate audio and video recording into the TNC's digital platform. A large-scale TNC shall not charge a fee or increase the cost of a prearranged ride solely on the basis of a rider opting in to audio and video recording of the prearranged ride. The commission shall also adopt rules regarding access to, ownership of, storage of, notification about, and deadlines for the implementation of the audio and video recordings, including different requirements for large-scale and small-scale TNCs. A provision in a contract between a TNC and a driver or rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires that, on or before February 1, 2027, and on or before February 1 each year thereafter, a TNC shall submit specified data related to incidents involving safety and discrimination to the commission, the attorney general, and each member of the general assembly. The act requires a TNC to develop policies to:Prevent imposter drivers, account sharing, and account renting;Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers;Prohibit the transportation of an unaccompanied youth who is under 15 years old unless the youth is part of a duly authorized family account;Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;Notify and train drivers and riders of any updates to TNC safety policies;Prohibit drivers from offering, selling, or providing food or beverages that are not factory-sealed to riders;Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; andPrevent crimes committed against drivers by riders. A TNC is prohibited from:Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform;Assigning an automatic or default driver rating that the rider did not assign; orAssigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are plausibly motivated by fraud or bias. A TNC shall not consider negative ratings or reviews that are motivated by fraud or bias in a review of a driver for deactivation or an internal deactivation reconsideration. A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the 'Colorado Privacy Act' regarding biometric data and biometric identifiers. A TNC that violates the act may be assessed a civil penalty of not more than $1,500 per violation.(Note: This summary applies to this bill as enacted.)
The act creates a process for employers and licensed insurance producers to update an employer's experience modification factor when:An open claim is reported by an insurance carrier to the rating bureau with a higher open claim amount than the amount after the claim was closed; andThe lower claim amount would reduce an employer's experience modification factor at least .05 compared to the previously released experience modification factor or from above 1.0 to 1.0 or below. The employer must notify the insurance carrier between the time the claim is reported to a rating bureau and 31 days after the employer's rating effective date. The insurance carrier is required to credit the employer for a premium change resulting from the revised experience modification factor.(Note: This summary applies to this bill as enacted.)
The act creates the 'Colorado Artist Company Act', which authorizes a person in the state to create a limited liability company with a stated artistic mission (artist company), which artist company is subject to state law applicable to limited liability companies except where specified in the act. An artist company must state its artistic mission in its articles of organization or operating agreement and be formed and owned by one or more individuals that create works of authorship or artistic expression comprising written, oral, visual, graphic, literary, musical, audiovisual, digital, or performing art in any medium (artists). Artists must own not less than 51% of all voting securities of the artist company at all times (required ownership percentage). A limited liability company that meets the required ownership percentage may elect to become an artist company by amending its articles of organization or its operating agreement to state its artistic mission and by complying with certain other requirements. A person may form an artist company by filing with the Colorado secretary of state articles of organization. The articles of organization may specify certain ownership, governance, artistic work distribution, tax treatment, and dissolution structures. An artist company may accept capital in any form and its members and managers have certain duties specified in the artist company's articles of organization or operating agreement along with the duties imposed by state law applicable to limited liability companies. Members of an artist company may assign or exclusively license intellectual property to an artist company as an in-kind capital contribution. An artist company's articles of organization or operating agreement may require artist-members to assign or exclusively license to the artist company artistic work created during membership that relates to the artistic mission of the artist company. An artist company's articles of organization or operating agreement may provide for certain procedures and terms regarding the admission and departure of members. An artist company may elect at formation, or at the time of election to become an artist company, to be a public benefit artist company (public benefit artist company) by stating in its articles of organization or operating agreement, if any, that it is a public benefit artist company and setting forth in its articles of organization or operating agreement, if any, one or more specific public benefits to be promoted by the artist company. The members and managers of a public benefit artist company are subject to certain additional duties. A public benefit artist company must provide its members and donors with an annual statement specifying certain information as to the public benefits and artistic mission of the public benefit artist company. Upon the dissolution of an artist company or public benefit artist company, artistic work assigned or licensed by artist-members to the artist company or created by artist-members of the artist company reverts to the artist-member, except as specified in the articles of organization or operating agreement and subject to certain security interests, licenses, and obligations. After giving effect to artistic work reversionary rights, the assets of the artist company must be distributed in accordance with the articles of organization or operating agreement or, if not specified in the articles of organization or operating agreement, pro rata to members based on ownership percentages. $93,878 is appropriated from the department of state cash fund to the department of state. To implement this act, the department of state may use the appropriation as follows:$5,478 for use by the business and licensing division for personal services; and$88,400 for use by the information technology division for personal services.(Note: This summary applies to this bill as enacted.)
Current law requires a recovery residence operated in Colorado to be certified by a third-party certifying body, unless the recovery residence has been operating in Colorado for 30 or more years as of May 23, 2019. Beginning July 1, 2027, the act requires a recovery residence to obtain a license from the behavioral health administration (BHA). The act sets forth application procedures and rules for minimum standards of operating a recovery residence. A recovery residence must report specified occurrences to the BHA, including occurrences that result in the death of or specified injury to a resident, involve abuse and neglect of a resident, involve misappropriation of a resident's property, or in which a resident's drugs are diverted for use by another person. Recovery residence licensing is subject to sunset review prior to its repeal in 2033.(Note: This summary applies to this bill as enacted.)