Sen. Dafna Michaelson Jenet

The act requires a gun show promoter to prepare a security plan and submit the security plan to each local law enforcement agency with jurisdiction over the gun show. The act places certain requirements on a gun show promoter, including requiring the promoter to: Have liability insurance for the gun show; Implement security measures at the gun show, including monitoring all entrances and exits and providing video surveillance of the gun show parking area and main entrance and exit; Prohibit persons under 18 years of age from entering the gun show unless the person is accompanied by a parent, grandparent, or guardian; For each customer who leaves with a purchased firearm, verify that the firearm has been delivered in compliance with the required the 3-day waiting period; and Post certain notices at the gun show. Violating any of the above provisions is unlawful gun show management, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and, in addition to the criminal penalty, the promoter is prohibited from acting as a gun show promoter for 5 years. The act defines a "gun collectors show" as an event sponsored to facilitate the purchase, sale, offer for sale, or collection of only curios or relics or antique firearms, and not any other type of firearm. Gun collectors shows are not gun shows under the act. The act prohibits a person from participating in a gun show as a gun show vendor if the person is not a federal firearms licencee, does not hold a valid state firearms dealer permit, has been convicted of a second offense of unlawful gun show vendor activity as described in the act, or has not completed a gun show certification for the gun show promoter as required in the act. Unlawful participation in a gun show as a gun show vendor is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor. Before participating in a gun show, a gun show vendor is required to certify to the gun show promoter that the vendor satisfies the requirements to be a gun show vendor and will comply with federal, state, and local laws while participating in the gun show. While participating in a gun show, a gun show vendor shall display copies of the vendor's federal firearms license and state firearms dealer permit, keep firearms unloaded and securely affixed to the vendor's countertop or wall, display ammunition in accordance with state and federal law, and include with each sold firearm written information describing secure storage and lost or stolen firearm reporting requirements. Violating any of these provisions is unlawful gun show vendor activity, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and the person is prohibited from participating as a vendor at a gun show. The act maintains the requirement in existing law that a gun show vendor conduct a background check for each firearm transfer at a gun show, but removes the maximum fee a licensed gun dealer may charge for each background check conducted at a gun show. (Note: This summary applies to this bill as enacted.)

The act requires each institution of higher education (institution) in Colorado to create and adopt a policy and a process to support the ability of an admitted or enrolled student with a disability (student) to voluntarily self-disclose the student's disability and to engage in an interactive process with the institution to receive an academic adjustment. The adopted policy must, at a minimum, include information that: Describes the institution's process to determine whether a student is eligible for an academic adjustment; Outlines documentation that the institution may request to determine whether a student is eligible for an academic adjustment; Provides information on the available disability resources and academic adjustments provided to students with disabilities; and Describes an appeals process for academic adjustment decisions that focuses on documentary review. Each institution shall publish the policy on the institution's website in an accessible format. The act describes the type of documentation that an institution may request to determine whether a student is eligible for an academic adjustment. (Note: This summary applies to this bill as enacted.)

The act creates an additional framework for insurance rebate law to allow usage of insurance rebates and related practices in a manner that meets specified criteria to maintain consumer protections. In provisions regarding unfair and deceptive trade practices in insurance, the act identifies, as an additional practice that shall not be construed as falling within the definition of discrimination or rebates, the practice of offering or providing a value-added product or service not specified in the insurance policy, at no cost or at a reduced cost, if the product or service: Relates to the insurance coverage; and Is primarily aimed to: Provide loss mitigation or loss control; Reduce claim costs or claim settlement costs; Provide education about liability risk or risk of loss to individuals or property; Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk; Enhance health; Promote financial wellness through items such as educational or financial planning services; Provide post-loss services; Encourage behavioral changes to improve the health or reduce the risk of death or disability of a customer; or Assist in the administration of employee or retiree benefit insurance coverage. The act implements additional provisions governing the usage of insurance rebates, including requirements to offer such rebates at a reasonable cost and in a manner that is not unfairly discriminatory and that provides certain other customer protections. (Note: This summary applies to this bill as enacted.)

The act requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to: Provide annual training that includes food waste prevention and reduction strategies; Develop a food waste reduction guidance document (document); Place the document on the department's public website; and Update the document at least annually. The act suggests means by which retail food establishments may donate or resell safe food. The act states that, on and after January 1, 2026, grocery stores are encouraged to: Clearly display the ingredients of items of prepared food; and Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food. Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The act extends this immunity to apply to: Faith-based organizations that donate food; and Food donations to faith-based organizations and individuals. The act also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death. (Note: This summary applies to this bill as enacted.)

The act prohibits a person's failure to appear from forming the basis of a municipal criminal charge against the person. The act clarifies that, for purposes of the act, failure to appear includes contempt of court for the failure to appear or any other term used by a municipality to refer to a person's failure to appear at a scheduled court date. (Note: This summary applies to this bill as enacted.)

The act authorizes the Colorado pet overpopulation authority (authority) to distribute money to encourage a pet animal facility, a pet animal rescue, and a spay and neuter organization located in Colorado (animal welfare facility) to trap, neuter, and return to its habitat a free-roaming domestic cat that may have a caretaker and is not socialized to humans (community cat). The adopt a shelter pet account in the pet overpopulation fund (account) provides the funding for these services. The authority will allocate funding pursuant to the direction of the authority's board of directors (board). The authority must not favor a particular animal welfare facility's shelter model over another when allocating money to an animal welfare facility. A pet animal facility must be licensed and in good standing with the department of agriculture and located in Colorado to be eligible for money to support trapping, neutering, and returning to the community a community cat (trap-neuter-return). An animal welfare facility allocated money for trap-neuter-return may spend the money only on: Trapping, sterilizing, vaccinating, and ear-tipping community cats in Colorado; Veterinary care for the treatment and sterilization of community cats in Colorado; Training for community cat caretakers and animal control personnel in humane trapping and trap-neuter-return protocols in Colorado; and For an animal welfare facility that is a spay and neuter organization, veterinary materials and support for mobile clinics in Colorado. The act changes the composition of the board and board member qualifications as follows: Replaces the representative of the Colorado federation of animal welfare agencies or its successor organization with one representative of an animal shelter; Replaces the representative of an association organized for Colorado animal control officers with one representative of a Colorado animal control agency; Replaces the member of an animal rescue organization with one person who is a member of a pet animal rescue; Modifies the qualifications of the representative from western Colorado by requiring that the person represent an animal shelter or a pet animal rescue or be a veterinary professional licensed with the state board of veterinary medicine located in western Colorado; Adds one representative from southern Colorado and one representative from eastern Colorado, both of whom must represent either an animal shelter or a pet animal rescue or be a veterinary professional licensed with the state board of veterinary medicine located in their respective regions; and Adds one representative of a pet animal facility located in a county with a population of 50,000 or less. The board member who represents the general public must not also be on the board of any animal welfare organization. Any other board member may be a member of a board or subcommittee of a board of an animal welfare organization, but no more than one member of the board may be on the board or subcommittee of the board of the same animal welfare organization. A member of the board shall recuse themself from any board action or vote if they have a conflict of interest, including a vote on any allocation of funding to the board member. The board must annually publish on the pet overpopulation fund website the name of each grantee receiving money from the pet overpopulation fund, the amount of money provided to a grantee, when a grantee received a grant, and the names of each board member. The act requires at least 70% of all money awarded for grants from the pet overpopulation fund to be used for animal welfare facilities that are headquartered and located in a Colorado county with a population of 200,000 or less and requires the board to consider awarding at least 50% of the funds designated for these rural communities to counties with a population of 50,000 or less. (Note: This summary applies to this bill as enacted.)

The act requires an insurer that issues or renews an automobile insurance policy to include in the applicable coverage the replacement cost of a child restraint system that is in a motor vehicle at the time of a motor vehicle accident and to which the coverage is applicable. The act requires the insurer to ask a claimant if a child restraint system was in the motor vehicle at the time of the accident and, if so, requires the applicable coverage to cover the cost of its replacement. (Note: This summary applies to this bill as enacted.)

The act specifies that the fair access to insurance requirements plan association (association) is not: A department, unit, agency, political subdivision, or instrumentality of the state; or An insurance company or a person engaged in the business of insurance. The act also grants a member insurer, the association and its agents or employees, the board of directors of the association, and the commissioner of insurance or the commissioner's representatives immunity for any action taken by them in the performance of their powers and duties for the association. The act specifies that the only causes of action and remedies available to a policyholder of a fair access to insurance requirements plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing. (Note: This summary applies to this bill as enacted.)

The act expands the conduct that can constitute the crime of obstructing governmental operations to include the repeated calling of or contact with 911 dispatch centers or specified public safety entities without justifiable cause. (Note: This summary applies to this bill as enacted.)

The act encourages each local education provider to adopt a policy to reduce food waste in school cafeterias and food preparation facilities (policy). The policy may address food waste diversion and aversion initiatives, including composting, donation of excess food to local nonprofits, or share table programs that permit students to return whole food or beverage items for redistribution to other students. A local education provider that implements a policy shall comply with all applicable sanitation and health requirements, including protocols to prevent student exposure to allergens, and shall require school personnel to complete related safety training. Current law establishes the Colorado circular communities enterprise (enterprise) to award grants and other funding and to provide technical assistance to certain entities throughout the state that pursue a circular economy for waste management, including waste diversion and aversion. The act requires the enterprise to consider reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs. The act extends limited immunity from civil and criminal liability to school personnel and local education providers that supervise food and beverage redistribution in accordance with policies that include share tables. (Note: This summary applies to this bill as enacted.)