Sen. William Lindstedt

The act establishes a process for a person to voluntarily waive the right to purchase a firearm (voluntary waiver). The Colorado bureau of investigation (bureau) in the department of public safety (department) shall deny a firearm transfer to the person while the voluntary waiver is in effect. The bureau shall develop an online portal (portal) for a person to electronically file for a voluntary waiver, update contact information, and revoke a voluntary waiver. The bureau is required to verify the filer's identity before accepting a voluntary waiver or revocation. The bureau shall enter a voluntary waiver into the national instant criminal background check system and any other federal or state computer-based systems used to identify prohibited purchasers of firearms. A person may revoke the voluntary waiver by filing for revocation with the bureau. The waiver remains in effect for 30 days after the bureau accepts the revocation. A person filing the voluntary waiver form may provide the name and contact information of a person who will be contacted if the person attempts to purchase a firearm while the voluntary waiver is in effect or if the filer revokes the voluntary waiver. The act prohibits a person from attempting to purchase a firearm while subject to a voluntary waiver. Attempting to purchase a firearm while subject to a voluntary waiver is a civil infraction, punishable by a maximum $25 fine. The voluntary waiver process and the prohibition on attempting to purchase a firearm while subject to a voluntary waiver are contingent on the department receiving $200,000 of gifts, grants, or donations to develop and operate the portal. The act permits the department to seek, accept, and expend gifts, grants, or donations for the portal. (Note: This summary applies to this bill as enacted.)

The act establishes a procedure allowing a federal firearms licensee (licensee) to request a firearm serial number check prior to purchasing a firearm from an individual and requires a local county sheriff's office or police department to complete the serial number check within 3 days after the request. The firearm serial number check must include information regarding whether the firearm is stolen, lost, or is involved in an open criminal investigation. If a licensee is located within incorporated city limits, they must request the firearms serial number check from the police department within its city limits. If a licensee is located in an unincorporated part of the county, they must request a firearms serial number check from the sheriff's department of the county in which it is located. A police department or sheriff's office may charge a reasonable fee to complete the firearm serial number check. The act also allows a licensee to perform a firearm serial number search themself if the federal government allows the licensee access to the federal government's firearm tracing program. The licensee is still subject to the reporting requirements if the licensee performs the firearm serial number search themself. The act imposes a penalty on a licensee if the licensee fails to file a report with law enforcement when the licensee reasonably believes, knows or should know, or becomes aware that a person sold or attempted to sell a firearm that is stolen, lost, or involved in an open criminal investigation. (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.)

The act creates a cause of action against a person who discloses or threatens to disclose a highly realistic but false visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means and that depicts the intimate body parts of the depicted individual or certain sexual acts involving the depicted individual (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual: Did not consent to the disclosure; Would experience severe emotional distress due to the disclosure or threatened disclosure; and Was identifiable. The act creates an exception to its civil liability provisions for a provider of the technology used to create an intimate digital depiction. Other exceptions include disclosures related to matters of public concern, parody, satire, and impersonation; disclosures made in good faith in various circumstances; and broadcasts of third-party content under certain conditions. A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction. In the context of the criminal law punishing sexual exploitation of a child, the act updates the definition of "sexually exploitative material" to include realistic computer-generated digital depictions that depict an identifiable child. The act changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person who is eighteen years of age or older commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent. The harassment offense now requires that the disclosure or threatened disclosure cause physical, emotional, or reputational harm to the depicted individual. Like the offenses for posting a private image in current law, disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that the act increases the penalty to a class 6 felony if the person made the disclosure and the disclosure posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat. The act changes the offenses of posting, possessing, or exchanging a private image by a juvenile to the related offenses of disclosing, possessing, or exchanging a private intimate image or intimate digital depiction by a juvenile. The penalties remain the same. (Note: This summary applies to this bill as enacted.)

The act requires the office of gun violence prevention (office) in the department of public health and environment (department) to post the office's gun violence prevention materials (materials) in an accessible manner on the office's website for school districts, boards of cooperative services, district charter schools, institute charter schools, and the Colorado school for the deaf and the blind (local education providers) to access and distribute to parents, guardians, and legal custodians of elementary or secondary school students. The act requires each local education provider to: Provide the materials in a written or electronic format to students' parents, guardians, and legal custodians at the beginning of each school year; and Post the materials or a link to the materials on the local education provider's website. Beginning in January 2026, and in January every year thereafter, the department shall include in its "SMART Act" hearing information concerning the materials. (Note: This summary applies to this bill as enacted.)

The act codifies the federal "Indian Child Welfare Act of 1978" into state law as the "Colorado Indian Child Welfare Act" (CO-ICWA) and provides additional protections for Indian children and children known or determined to be Indian children under state law. (Note: This summary applies to this bill as enacted.)

A community integrated health-care service (service) is an out-of-hospital medical service that may be provided by an emergency medical service provider who obtains a community paramedic endorsement. A community integrated health-care service agency (agency) is an entity or sole proprietorship that manages and offers services. The act implements the recommendations in the 2024 sunset report by the department of regulatory agencies by: Continuing the regulation of agencies by 9 years to 2034; Clarifying that a suspension of, a revocation of, or a refusal to renew an agency's license due to a disqualifying felony or misdemeanor conviction of an owner, manager, or administrator of the agency includes circumstances in which the owner, manager, or administrator entered a plea of guilty or nolo contendere to the felony or misdemeanor; Updating language to be gender neutral; Changing references from "consumers" to "patients or clients"; Referencing the definition of service in the statutes governing the regulation of agencies; and Defining "service" to include mobile integrated health care and, as determined by rule by the state board of health, care and services provided by practitioners other than community paramedics.(Note: This summary applies to this bill as enacted.)

The act creates 2 income tax subtractions for income tax years commencing on or after January 1, 2027, but before January 1, 2038. The first subtraction is for an amount equal to state capital gains that are realized by a taxpayer, who is the owner of a qualified business, during the taxable year for the conversion by an increment of at least 20% ownership to a qualified employee-owned business. The taxpayers that are eligible for this subtraction are the same taxpayers that would be eligible for the tax credit for conversion costs for employee business ownership. The total amount of capital gains that a taxpayer may subtract is set by and may be annually adjusted by the Colorado office of economic development (office), and is required to be posted on the office's website. The second subtraction is allowed to worker-owned cooperatives in an amount equal to the worker-owned cooperative's federal taxable income for the tax year not to exceed $1 million. The act also makes changes to the tax credit for conversion or expansion costs for employee business ownership (credit), which has been available through income tax year 2026. The act extends the credit through income tax years commencing in 2031. The act also specifies that the aggregate amount of credits that can be claimed for each income tax year commencing on or after January 1, 2026, but before January 1, 2032, is $3 million. The act also increases the percentage of conversion or expansion costs that are eligible to be claimed for the credit from 50% to 75% beginning in tax year 2026 while maintaining the existing dollar caps for the different methods of conversion. Additionally, the act revises several definitions to expand eligibility for the credit and allows for qualified support entities, which are businesses or nonprofit organizations that provide services to businesses that qualify under the credit so that those businesses can convert or expand to employee ownership, to be eligible to receive the credit for up to 75% of the costs incurred for providing such support, not to exceed $167,000, including for staff salaries and benefits, marketing and outreach, and consulting and technical assistance. Support costs exclude any costs that are considered conversion or expansion costs that can be claimed in the credit for employee business ownership. (Note: This summary applies to this bill as enacted.)

The act establishes and modifies requirements related to the practice of veterinary medicine by a veterinary professional associate (VPA). In November 2024, voters in Colorado approved Proposition 129, which established the role of VPAs and permits VPAs, starting on January 1, 2026, to practice veterinary medicine under certain circumstances. The act specifies how an individual can register as a VPA in Colorado and clarifies the circumstances under which a VPA can practice veterinary medicine. The act clarifies that a VPA is only permitted to practice veterinary medicine under the supervision of a licensed veterinarian. A licensed veterinarian shall supervise no more than 3 VPAs who are practicing veterinary medicine at any one time. The act requires a licensed veterinarian and a VPA to enter into a mutual supervisory agreement before the licensed veterinarian and the VPA begin working together. The supervising licensed veterinarian may delegate the practice of veterinary medicine to the VPA if: The aspects of the practice are within the training, experience, and competency of the VPA; The practice of veterinary medicine delegated to the VPA is permitted under requirements of state law and board of veterinary medicine (board) rules; and The supervising licensed veterinarian and VPA are located at the same veterinary premises while practicing veterinary medicine, unless the VPA meets certain indirect supervision requirements. The act instructs the board to adopt rules regarding the practice of veterinary medicine by VPAs, including rules that: Require a VPA to practice veterinary medicine under an appropriate level of supervision by a licensed veterinarian; Determine clinical benchmarks that a VPA must meet in order to practice veterinary medicine under indirect supervision by a licensed veterinarian; Approve a nationally recognized VPA credentialing organization that requires a VPA to complete a university-approved VPA program that is approved by the board or a university-approved VPA program that is accredited by the nationally recognized credentialing organization, pass a VPA examination, and complete continuing education requirements; Provide guidance to supervising licensed veterinarians in their delegation of tasks to and supervision of VPAs; Determine a scope of practice for VPAs; Establish a registration fee for the registration of VPAs; and Determine continuing education requirements for VPAs. The board may also adopt rules establishing an equivalent registration pathway for a veterinary technician specialist to register as a VPA, which pathway considers the veterinary technician specialist's experience, education, and training as a substitute for the education requirements needed to register as a VPA and requires the veterinarian technician specialist to pass the same national credentialing exam as a VPA. The act requires a VPA to identify themself as a VPA to a client before practicing veterinary medicine on a patient. The act requires a licensed veterinarian to comply with certain restrictions when prescribing opioids and benzodiazepines. (Note: This summary applies to this bill as enacted.)

Current law limits to 10 years the time a school district can lease district property not needed for its purposes. The act allows a school district to lease district property for any term of years for purposes of a solar field, energy storage system, or affordable housing. If a board of education of a school district leases or rents property for the purposes of an affordable housing project, the board of education shall develop a policy that defines affordable housing for the project. (Note: This summary applies to this bill as enacted.)