Sen. Dafna Michaelson Jenet

The act modifies certain processes for statewide ballot measures as follows: Requires proponents of citizen-initiated ballot measures (initiatives) to submit a chart describing or otherwise visually demonstrating the differences between their initiatives when they submit 5 or more versions of an initiative to the title board within the same initiative cycle, with at least one of the same designated representatives of proponents, and on the same subject matter; Requires the director of research of the legislative council of the general assembly (director), when preparing an estimate of the fiscal impact of an initiative that proposes a tax increase, to include an estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase; Directs the title board, when setting a title for an initiative, to indicate in the title whether the proposed law modifies, extends, or repeals existing law or creates new law and, for initiatives that propose a tax increase, to use the estimate prepared by the director of the maximum dollar amount of the change in state and local government revenue and fiscal year spending for the first or, if phased in, final full fiscal year of the proposed tax increase; Requires a person filing a motion for rehearing of a title board decision to file the motion with the title board by 5 p.m. on the seventh day following the title board's decision that is the subject of the motion; With regard to the petition circulation process for statewide ballot measures, requires a designated representative for the proponents to notify the secretary of state when an initiative or referendum petition that is being circulated has received 75% of the required number of signatures and authorizes the secretary of state to impose a fine on any designated representative who does not comply with the reporting requirement; Requires the director to prepare for the ballot information booklet for a proposed tax increase estimates of both the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first full fiscal year of the proposed tax increase and state and local government fiscal year spending, as defined in the state constitution, without the proposed tax increase; and Requires the fiscal note for any legislative measure that proposes a tax increase to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase and requires the ballot question for such a legislative measure to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase.(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 incorporates the federal "Uniform Code of Military Justice" (federal code) into the "Colorado Code of Military Justice" (state code), including specifically the punitive articles and general article of the federal code, which describe punishable offenses, and the statute of limitations that applies to charges brought pursuant to the state code. The act repeals sections of the state code that are duplicative of the incorporated federal code. Additionally, the act: Applies the state code to a member of the state military forces (member) at all times, except when the member is ordered to active federal service pursuant to title 10 of the United States Code; Clarifies a commanding officer's authority to impose nonjudicial punishment under the state code; Makes changes to the procedures that govern courts-martial, the punitive authority of courts-martial, and the review of the decisions of courts-martial; and If concurrent civilian and military jurisdiction exists over the same offense and a district attorney has filed felony charges against a member for the offense, requires the state military forces to defer felony prosecution of the member to the district attorney.(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.)

The act defines a solar sales company as an entity that: Transacts with a consumer to sell, or negotiate or execute a contract for the sale of, a residential solar electric system or residential battery energy storage system (system); or Transacts with a consumer to lease or enter into a power purchase agreement for a system. The act requires a solar sales company to provide to a consumer certain disclosures when entering into an agreement with the consumer for the purchase or lease of a system or a power purchase agreement for a system (agreement). The act also specifies the terms that an agreement must contain, including payment terms and contact information for the solar sales company. A solar sales company is required to retain a copy of a signed agreement for at least 4 years after the date the agreement is entered into. The personal information of a consumer must be maintained consistent with applicable data privacy laws. In the event of a sale of a system, the consumer has at least 3 business days after the date of the transaction to cancel the agreement without financial penalty, besides any nonrefundable deposits. The act requires a solar sales company to conduct a welcome call with the consumer, which welcome call must include certain disclosures. The consumer's 3-day cancellation period does not begin to run until the welcome call is conducted. The act describes the terms that any financing documents must contain if the purchase of a system is financed. The act sets forth requirements for a salesperson of a solar sales company and prohibits a solar sales company from using written or digital sales materials with names, logos, pictures, or other indicia of association with a public utility, cooperative electric association, or municipal utility, unless the solar sales company has received express, written consent from the relevant utility to do so or is complying with federal fair use laws. A solar sales company is also prohibited from representing that the solar sales company is affiliated with, sponsored by, or approved by a state incentive program without the express, written consent of the state agency in charge of the state incentive program. The act requires a solar sales company to provide certain warranties for the installation and workmanship of a residential solar electric system. Lastly, the act requires an investor-owned utility serving more than 500,000 customers that offers financial incentives for a system to provide certain information about the offered incentives to customers. A violation of the requirements of the act is enforceable as a deceptive trade practice under the "Colorado Consumer Protection Act". The act's requirements apply to agreements between a solar sales company and a consumer that are entered into on or after July 1, 2026. (Note: This summary applies to this bill as enacted.)

The department of public health and environment (department) is required to conduct a study of capital needs for rural and frontier hospitals throughout the state (study). The rural and frontier hospital capital needs study task force (task force) is created and is required to oversee the study. The study must measure the number of studied facilities that are not compliant with current and relevant design and building code standards for health-care facilities, identify the age of core facilities and any additions to those facilities, and estimate the costs for renovating or replacing facilities identified as having capital needs. No later than 18 months after the first meeting of the task force, the department is required to complete the study and compile the results of the study into a report. The department is required to present the report to the respective health and human services committees of the senate and house of representatives. The task force is made up of the following 7 members who must be appointed no later than 2 months after sufficient funding has been secured for the implementation of the act: 3 members who work in rural or frontier hospitals; One member who is an architect professional; One member who is a construction contractor professional; One member who represents hospitals; and One member of the general public who lives in a rural area or frontier area. In addition to overseeing the study, the task force is responsible for developing and approving the parameters of the study and overseeing the department's report. The task force may also facilitate contracting with a private sector consulting company to assist with data compilation, research, and outreach to rural and frontier hospitals. The task force is required to hold its first meeting within 2 months of all appointments being made to the task force and meet at least quarterly after the first meeting until the study and the report are complete. The requirements imposed on the department, the task force, and any third party in connection with the study are contingent upon money being available through gifts, grants, or donations for the purpose of conducting the study. (Note: This summary applies to this bill as enacted.)

The act creates the community schoolyards grant program (grant program) in the division of local government (division) within the department of local affairs (department). The grant program is a 2-part grant program that includes: The planning and design grant program (planning program), which awards up to $150,000 to each grant recipient selected by the division for the planning and design of a community schoolyard; and The capital construction and improvement grant program (construction program), which awards up to $850,000 to each grant recipient selected by the division for the capital construction of a community schoolyard. The purpose of the grant program is to address inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation, by: Making community schoolyards accessible to the broader community outside of school hours; Improving physical activity and mental health opportunities for students and community members; and Incorporating natural landscapes, natural playgrounds, and recreational spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics. On or before January 15, 2026, the division shall implement a timeline for the planning program and the construction program (programs), which must include, at a minimum: Announcing each of the programs; Accepting applications from eligible applicants for each of the programs; Selecting the grant recipients for each of the programs; Distributing grant money to the grant recipients for each of the programs; and Establishing reporting timelines and requirements for each of the programs. On or before January 15, 2028, the division shall compile a report summarizing the grant recipient reports from the programs. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees. For the 2025-26 and 2026-27 state fiscal years, the department shall use $4 million from the local government mineral impact fund or the local government severance tax fund for the grant program. The division may use up to 5% of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program. The division may adopt rules to carry out the purposes of the grant program. The grant program is repealed, effective January 1, 2030. For the 2025-26 state fiscal year, $50,000 is appropriated to the department for use by the division from the reappropriated funds from the local government mineral impact fund and the local government severance tax fund. (Note: This summary applies to this bill as enacted.)

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 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.)