The healthy school meals for all program (program) reimburses participating school food authorities for meals that those authorities provide to students without charge. Section 2 of the act allows the amount of these reimbursements to be modified in 2 different scenarios. First, if a referred measure that would, in combination with the income tax deduction modification that was approved by the voters in connection with the program, result in the collection of at least $150 million for the income tax year commencing on January 1, 2026, is not approved by the voters voting on the referred measure at the 2025 statewide election, the department of education (department) is required to only provide reimbursements to participating school food authorities for meals served at eligible sites. Eligible sites are those that either: Qualify for the community eligibility provision program, as that program exists on November 15, 2025; or Are identified as eligible sites by the department based on the amount that the general assembly appropriates for the purpose of providing reimbursements to a participating school food authority for offering eligible meals without charge and the percentage of a site's student enrollment who are certified as eligible for free meals based on documentation of benefit receipt or categorical eligibility as described in federal rule, or any successor regulations. Second, if the department, in consultation with the office of state planning and budgeting, determines that the amount that the general assembly appropriated for the purpose of providing reimbursements to a participating school food authority is less than the costs of the department providing those reimbursements, the department may determine a prorated reimbursement amount for the reimbursements that the department provides through the program to each participating school food authority for the remainder of that budget year. Sections 4 and 6 limit the existing authority of the department, if the department determines that there is an insufficient amount of money in the healthy school meals for all program cash fund (fund) for the department to provide reimbursements to a participating school food authority for offering eligible meals without charge, to make an expenditure from the general fund to provide those reimbursements to state fiscal years commencing on or before July 1, 2024. Section 3 allows the general assembly to appropriate money from the state education fund to cover program costs for which there is not sufficient money in the fund, as it was required to do for state fiscal years 2024-25, for state fiscal year 2025-26. Section 4 requires the department, on January 15, 2027, in consultation with the office of state planning and budgeting, to report to the joint budget committee on whether there is a sufficient balance in the fund for: The state treasurer to transfer an amount from the fund to the state education fund equal to the total amount of expenditures from the state education fund for the program for state fiscal years 2022-23, 2023-24, 2024-25, and 2025-26 minus the amount of additional tax revenue deposited in the state education fund as a result of the increase in state income tax generated in connection with voter approval of the program for those same fiscal years; and The department to provide reimbursements to a participating school food authority for offering eligible meals without charge. Section 8 extends the local school food purchasing program indefinitely, so that the program extends beyond the 2024-25 school year. Section 9 similarly extends the required reporting on the local school food purchasing program. Section 11 decreases the appropriation for school meal reimbursements provided through the program from the general fund by $42,240,242 and increases the appropriation from the state education fund by $8,119,271 for the same purpose. (Note: This summary applies to this bill as enacted.)
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The act requires the office of just transition (office) in the department of labor and employment to prioritize awarding funding to support tier one and tier 2 coal transition communities experiencing socioeconomic impacts of coal closures and for opportunities for economic diversification, local community input, feasibility studies of specific proposed projects, and needs assessments. The office is required to use money appropriated to the just transition cash fund after July 1, 2025, to support programs that support targeted investment in coal transition communities by collaborating with coal transition communities and eligible entities, state and regionally recognized governmental and economic development entities, employee organizations that represent coal transition workers, and workers who are not affiliated with employee organizations to implement the most effective projects and programs for those communities. The act requires the office to annually report to the joint budget committee and at the annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings of the senate local government and housing committee and the house transportation, housing, and local government committee about the grants awarded by the office during the preceding state fiscal year, their recipients, and the purpose for which they were awarded. A public entity may invest public funds only as allowed by law. The act specifies that the investment of a payment or settlement to offset the socioeconomic impacts to a community or government from the closure of a coal mine or coal power generating station is not subject to these investment limitations. The act allows the executive director of the department of local affairs to establish a policy preference for awarding up to 70% of the money credited to the local government severance tax fund to just transition communities for a 3-year period beginning January 1, 2026. The act extends the deadline for the submittal by the director of the Colorado energy office of the findings and conclusions of assessments of advanced energy solutions in the northwestern and west end of Montrose county and in southeastern Colorado from July 1, 2025 to December 19, 2025, and makes the requirement that the findings and conclusion be submitted contingent on the director having sufficient federal money to support the submittal. (Note: This summary applies to this bill as enacted.)
The state contracts to conduct emissions testing. The act repeals the limits on how long the contracts may run and authorizes the division of administration in the department of public health and environment (division) to determine the length of each contract. Colorado law also authorizes a vehicle emissions inspection facility to charge a fee that is set by the air quality control commission (commission). The act authorizes the commission to adopt rules adjusting the fees, but the commission is limited to adjusting: The $15 maximum fee to $30 when a licensed inspection and readjustment station inspects vehicles model year 1981 and older; and The $25 maximum fee to $50 for a clean screen inspection performed on vehicles registered in the basic emissions program. The commission may adopt rules requiring the emissions compliance of vehicles that have failed an emissions test and that are registered outside of the enhanced emissions program area but that operate within the program area. The act requires the commission to adopt rules requiring inspections of motor vehicles that are registered in the nonattainment area and identified as having excess emissions under the clean screen program and are either within the 2-year vehicle inspection cycle or exempt from periodic inspection. If a motor vehicle's emissions control system has been disconnected, deactivated, or rendered inoperable, the division may notify the executive director of the department of revenue. Under Colorado law, fines and penalties assessed for violations of air quality laws are deposited in the community impact cash fund. The act creates a motor vehicle emissions assistance fund (fund) and diverts the first $1 million from the community impact cash fund to the new fund, but at the end of each state fiscal year, any unspent money in the fund exceeding $250,000 is returned to the community impact cash fund. The division may expend money from the fund to provide grants for: Paying emissions inspection fees for motor vehicles registered to individuals participating in an established and recognized public assistance program; or Adjustments or emissions-related repairs that are necessary and sufficient to receive a certification of emissions compliance. Qualification standards are set for the grants. The division may accept and expend gifts, grants, and donations. The money in the fund is continuously appropriated. To implement the act, $5,674 is transferred from the AIR account of the highway users tax fund to the Colorado DRIVES vehicle services account of the highway users tax fund. The fine money is declared to be damages and exempt from the expenditure caps of the Taxpayer's Bill of Rights. (Note: This summary applies to this bill as enacted.)
The act allows the department of health care policy and financing (department) to, on behalf of the department, contract with a recovery audit contractor (RAC) vendor to conduct RAC audits of medicaid providers (providers). RAC audits may only review claims that are no more than 3 years past the expiration date of the timely filing period. The department may only review claims that fall outside of this 3-year time frame if required by a federal audit. The act limits the number of audits a provider may undergo each year and the number of medical records that can be requested for a given audit. If the RAC vendor identifies preliminary findings during the RAC audit, the RAC vendor must send the provider a report detailing the preliminary findings, the rationale for the preliminary findings, and the methodology for how any overpayments were calculated and determined. The act allows a provider that received preliminary findings following a complex audit to request an exit conference to discuss the preliminary findings with the RAC vendor and the department to resolve the concerns detailed in the preliminary findings prior to undergoing an informal reconsideration of the preliminary findings. A provider is required to participate in an informal reconsideration before filing a formal appeal regarding the department's findings during an RAC audit. The department is required to submit an annual report to the joint budget committee containing information about the RAC audits conducted and the department's involvement in those RAC audits. The act, in the department's budget for medical and long-term care services for medical-eligible individuals, decreases the cash funds appropriation from recoveries and recoupments by $20,900,588 and increases the cash funds appropriation from the recovery audit contractor recoveries cash fund by $20,900,588. (Note: This summary applies to this bill as enacted.)
For state fiscal years commencing on or after July 1, 2025, the act requires that: The state treasurer transfer any unappropriated balances or otherwise unexpended and unencumbered money remaining in the capital construction fund (fund) or the information technology capital account of the fund (IT subaccount), or any otherwise unexpended and unencumbered money remaining in the fund or the IT subaccount at the end of a fiscal year to the general fund; All unexpended or unencumbered money from an appropriation from the fund or the IT subaccount to a state agency or state institution of higher education reverts to the general fund at the end of the period for which the money is appropriated; and All interest and income derived from the deposit and investment of money in the fund and the IT subaccount be credited to the general fund. The act also requires the state treasurer to make the following transfers on July 1, 2025: $129,498,033 from the general fund to the fund; $500,000 from the general fund exempt account of the general fund to the fund; $20,557,433 from the general fund to the IT subaccount; and $3,230,000 from the marijuana tax cash fund to the IT subaccount.(Note: This summary applies to this bill as enacted.)
At the November 2024 statewide election, voters approved proposition 130, which requires the state to provide $350 million in additional funding to local law enforcement agencies to improve recruitment, training, and retention of local law enforcement officers and to provide a $1 million death benefit to the family of a first responder who is killed in the line of duty. The act modifies and implements proposition 130. The act creates the peace officer training and support fund (fund), and establishes a formula by which the department of public safety (department) disburses $350 million in additional funding to local law enforcement agencies from the fund for permissible purposes. Permissible purposes include initial and continuing education and training for peace officers and the compensation of peace officers. Beginning July 1, 2026, the formula requires the department to disburse an amount to each law enforcement agency equal to the total of $15,000 and an amount multiplied by the number of P.O.S.T-certified officers, noncertified deputy sheriffs, and detention officers budgeted by a local government for the law enforcement agency. Law enforcement agencies and local governments may not use these funds to supplant or supplement other spending. Local governments must include evidence of compliance with the no supplanting or supplementing requirement in their annual audit and provide a copy of this audit to the department. The department must review a subset of the audits provided by local governments for compliance with the requirements of the act. The act also establishes funding for the fund. First, the act directs the state treasurer to transfer $15 million from the general fund to the fund on July 1, 2026. Second, the act directs the state treasurer to issue warrants from the general fund totaling $500 million to the public employees' retirement association (PERA) between July 1, 2025, and September 30, 2025. Beginning July 1, 2027, until the state treasurer has transferred a total of $350 million from the general fund to the fund: The amount of each annual direct distribution made by the state to PERA is reduced by the amount of PERA's earnings from the $500 million, up to a maximum of $35 million; and The state treasurer annually transfers an amount equal to the amount of PERA's earnings from the $500 million, up to a maximum of $35 million, from the general fund to the fund. However, beginning July 1, 2027, and each July 1 thereafter until the state treasurer has transferred a total of $350 million from the general fund to the fund, the state treasurer is required to transfer at least $15 million from the general fund to the fund regardless of the amount of PERA's earnings from the $500 million. The general assembly may annually appropriate to the department no more than 2.5% of the amount that the state treasurer annually transfers from the general fund to the fund for the department's direct and indirect costs of administering the distribution of money from the fund. The act clarifies that the $500 million in the warrants that the state treasurer issues to PERA are included in the general fund reserve. Accordingly, the act prohibits a future general assembly from lowering the general fund reserve to an amount less than $1 billion. If the general assembly does so reduce the reserve, the general assembly shall also make corresponding reductions to the direct distributions made by the state to PERA. The act also requires the governor to adjust general fund expenditures so that they do not result in the general fund reserve being reduced to an amount less than $1 billion. The act establishes a process by which the department distributes a $1 million death benefit to the family of a first responder who dies on or after November 5, 2024, as either the direct and proximate result of a personal injury sustained while performing official duties as a first responder or because of an occupational disease arising out of and in the course of the first responder's employment or service as a first responder. These payments are paid out of the death benefit fund, which is created in the act. The act requires the state treasurer to transfer $5 million from the general fund to the death benefit fund on both July 1, 2026, and July 1, 2027, and to make annual transfers from the general fund thereafter as necessary to ensure that the fund maintains a balance of $10 million. The act also requires a survivor of an eligible first responder to deduct an amount equal to the amount of any death benefit received from their federal taxable income for the purpose of determining their state income tax liability unless the survivor qualifies for a corresponding federal income tax deduction. The act also requires the department to provide technical assistance to law enforcement agencies and local governments in complying with the requirements of the act and allows the executive director of the department to adopt rules as necessary to implement the act. For the 2025-26 fiscal year, $5,046,967 is appropriated from the death benefit fund to the department for implementation of the death benefit program. (Note: This summary applies to this bill as enacted.)
Under current law, there exists a working group formed by the department of human services and the state court administrator in the judicial department to perform various duties related to the allocation of juvenile detention beds. The act amends these duties. Under current law, 22 emergency detention beds are available statewide. The act expands this to 39 emergency detention beds available statewide. The act requires the department of human services to publish a monthly report concerning the status of all youth who are in detention and are awaiting services that would mitigate the substantial risk of harm to others that are presented by the juvenile or the juvenile's risk of flight from prosecution and the number of emergency beds used by each judicial district or facility. The act requires the division of youth services to: Publish a report by July 1, 2027, concerning available placements for juveniles who are awaiting mitigating services in the state; and Establish a pilot program for certain staff members to wear a body-worn camera while in a facility while interacting with youth. The act requires a court to dismiss a delinquency petition or charges against a juvenile if the court determines that the juvenile is incompetent to proceed and the highest charged act constitutes a class 2 misdemeanor, petty offense, drug misdemeanor, or traffic offense. The act amends and expands considerations for a juvenile's case management plan, if the court determines that a juvenile is incompetent to proceed. The act creates the deflection and community investment grant program in the division of criminal justice to provide grants to eligible applicants to implement a mixed-delivery system of trauma-informed health and development deflection programs for youth, including Native American youth. The grant program repeals on January 1, 2031. For the 2025-26 state fiscal year, the act: Appropriates $6,854,420 from the general fund to the department of human services to implement the act; Reappropriates $122,279 of general funds to the department of education to the department of human services for use by the division of youth services to implement the act; Appropriates $437,264 from the general fund to the department of public safety for use by the division of criminal justice to implement the act; and Appropriates $2,708,316 from the general fund to the department of public safety for use by the division of criminal justice for the deflection and community investment grant program.(Note: This summary applies to this bill as enacted.)
The act creates a specific criminal offense related to wrongfully interfering with a transit worker and adds it to the criminal harassment statute, as well as making the offense subject to the victim rights act. The act eliminates similar criminal conduct from the regional transportation district (district) statutory scheme. Further, a law enforcement agency may grant money received from the peace officer training and support fund to the district for training, equipment, and other purposes deemed necessary to ensure the safety of employees and patrons of the district. (Note: This summary applies to this bill as enacted.)
The act defines "knowing misconduct" as a voluntary act or omission or series of acts or omissions consciously performed by a crime laboratory employee (employee) as a result of effort or determination in which the employee is aware that the employee's conduct is improper or deceptive and involves mishandling physical evidence or data or results, incorrectly performing forensic testing, presenting misleading or false results, concealing material information, or presenting false sworn testimony about evidence. The act defines a "significant event" as an act or omission by an employee that is a gross deviation from the standard operation procedures or accreditation requirements of the crime laboratory, or requirements in law that were applicable at the time of the act or omission of the employee, that could substantially negatively affect the integrity of the crime laboratory activities. The act requires an employee to report witnessed or discovered knowing misconduct or a significant event (collectively, "wrongful action") within 7 days of witnessing or discovering the wrongful action to the director of the crime laboratory (director) or to the employee's immediate supervisor, who shall report it to the director. A director who receives a report shall investigate the alleged wrongful action. As part of the investigation, the director must compile a list of all cases that the employee worked on. At the conclusion of the investigation, the director shall prepare a written final report. When an investigation is of alleged wrongful action in a pending case, the director shall notify each district attorney who has jurisdiction over the pending case about the investigation. At the conclusion of the investigation, if the investigation determines that the employee did not engage in wrongful action, the director shall deliver the final report to each district attorney who received notice of the investigation and to each district attorney who has jurisdiction over any case that was subject to investigation. If the investigation determines that the employee engaged in wrongful action, the director shall deliver the final report and all discoverable materials to each district attorney who has jurisdiction over any case that the employee worked on in an official capacity. If an investigation concerning wrongful action by a crime laboratory occurred after July 1, 2014, and before July 1, 2025, and the investigation resulted in criminal allegations filed against the employee or a sustained internal affairs action by the department supervising the employee, the director shall, as soon as practicable but no later than September 1, 2025, prepare a final report and provide the final report to all district attorneys with jurisdiction over any criminal case that is identified in the final report that is pending or has resulted in a conviction in that jurisdiction. Upon receipt of a notice from a director about an investigation into alleged wrongful action in a pending case, a district attorney shall notify the defendant in the case of the investigation. If the case involved a crime listed in the "Victim Rights Act", the district attorney shall also notify the victim about the alleged wrongful action, if the charges have been filed but the trial has not begun. A district attorney who receives a final report of an investigation that determines that a crime laboratory employee engaged in wrongful action in any case shall notify the defendant in that case, and each defendant whose case was reviewed as part of the investigation, of the determination of wrongful action. The act establishes a defendant's right to counsel in matters involving an employee's wrongful action and a right to investigate the wrongful action, to request discovery related to the wrongful action, and to seek post-conviction relief based on the wrongful action. The act permits a court to enter a protective order related to discovery requests. The act establishes a process for a defendant convicted in a case involving an employee's wrongful action to petition for post-conviction relief based on the wrongful action. If the defendant's petition for post-conviction relief asserts facts that, if true, demonstrate that a wrongful action was material to the case, the court shall decide the claim upon the merits after an evidentiary hearing. At the evidentiary hearing, the defendant has the burden to show that the employee committed the wrongful action and that the wrongful action is material to the case. If the defendant meets their burden, the court shall vacate the defendant's conviction and grant a new trial. The act makes all records related to an investigation criminal justice records and makes release of the records governed by the existing law governing criminal justice records; except that the custodian of a final report that concludes that a crime laboratory employee engaged in wrongful action may deny inspection of the report if there is an ongoing criminal investigation or criminal case. The act appropriates $140,433 from the general fund to the judicial department for use by the state courts. (Note: This summary applies to this bill as enacted.)
Current law states that a person who commits careless driving and thereby causes the death of an individual commits a class 1 misdemeanor traffic offense. The act expands current law to include careless driving resulting in serious bodily injury and states that if a person commits careless driving and thereby causes the serious bodily injury or death of more than one individual, each individual injure or killed is a separate violation. The act also clarifies that careless driving resulting in serious bodily injury or death is an included crime for the purposes of the "Victim Rights Act". (Note: This summary applies to this bill as enacted.)