Sen. Tom Sullivan

The act amends statutory provisions relating to unused medication in facilities, including correctional facilities, nursing care facilities, assisted living residences, hospice, and other facilities, to change the defined term "medication" to "medicine" and specifies the types of unused medicines that may be redispensed to patients or donated to another entity that has legal authority to possess the medicine. The act creates the Colorado drug donation program (donation program). The donation program allows a person legally authorized to possess medicine, including an individual donor who is a member of the public and other donors, including a pharmacy, a long-term care facility, a surgical center, a prescriber or other health-care professional or facility, a wholesaler, a distributor, a third-party logistics provider, and others (donor), to donate certain unused medicine (donated medicine), as specified in the act. The act prohibits the donation of prescription drugs that are subject to risk evaluation and mitigation strategies (REMS), unless all of the required guidelines are followed, or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted distribution channel. A donor or an individual donor may donate unused medicine to a donation recipient that is authorized to possess medicine and that has a credential in good standing in the state in which the donation recipient is located. A donation recipient includes a hospital, pharmacy, clinic, health-care provider, or prescriber office, and may include a wholesaler, distributor, third-party logistics provider, reverse distributor, or repackager if the entity is a nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity. The act requires the donation recipient to keep a record of the donated medicine, separate the donated medicine from regular stock, and have donated medicine inspected by a licensed pharmacist. The donation recipient may transfer the donated medicine to another donation recipient or entity, repackage the donated medicine, or, if the donation recipient is a prescription drug outlet or other outlet, replace medicine of the same drug name and strength. The act requires donated medicine to first be dispensed to an eligible patient who is an individual who is indigent, uninsured, or underinsured. Donated medicine must not be resold; except that a donation recipient may charge a handling or dispensing fee for the donated medicine. When acting in good faith, the participants in the donation program are not subject to civil or criminal liability or professional disciplinary action. The act also shields drug manufacturers from liability for donated medicine that is subject to REMS under federal law. (Note: This summary applies to this bill as enacted.)

The Tony Grampsas youth services grant program (grant program) provides grants to community-based programs to reduce incidents of youth crime and violence. The youth mentoring program, the student dropout prevention and intervention program, and the student before-and-after school project (collectively, the "programs") were created within the grant program. The act repeals the individual programs and instead lists the programs as allowable uses for grant money under the grant program. The act transfers certain responsibilities from the Tony Grampsas youth services board (board) to the department of human services (department). The act repeals local public-to-private funding match requirements. The act requires each entity that receives a grant to annually report certain information to the department; except that an entity that has an operating budget of less than $1.5 million, or that receives a grant in the amount of not more than $25,000, is not required to report on the outcomes achieved by the services provided and the methods used to track the outcomes. The act decreases the appropriation from the marijuana tax cash fund to the youth mentoring services cash fund by $500,000 and reappropriates the money to the grant program by $500,000. The act decreases the appropriation from the youth mentoring services cash fund to the grant program by $504,120. (Note: This summary applies to this bill as enacted.)

The statewide welcome, reception, and integration grant program provides grants to community-based organizations that provide culturally and linguistically appropriate navigation of services to migrants who have arrived in the United States within the past year and do not qualify for federal support services or refugee resettlement assistance benefits. The act removes the requirement that a migrant must have arrived in the United States within the past year and instead requires community-based organizations to prioritize assisting migrants who have arrived in the United States within the past 3 years. (Note: This summary applies to this bill as enacted.)

Health benefit insurance plans (health benefit plans) include coverage for gender-affirming health care as part of individual and group health benefit plans. "Gender-affirming health care" is defined in the act as supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria (gender-affirming health care). The act codifies gender-affirming health care treatments in statute and prohibits a health benefit plan from denying or limiting medically necessary gender-affirming health care, as determined and prescribed by a physical or behavioral health-care provider. The act authorizes the health insurance affordability board to seek, accept, and expend gifts, grants, or donations and to use those gifts, grants, or donations to cover abortion costs and to ensure access to legally protected health-care activity. The act exempts prescriptions for testosterone from the tracking requirements of the prescription drug use monitoring program and blocks archived records concerning testosterone use from view. (Note: This summary applies to this bill as enacted.)

Under current law, a person who does not have lawful immigration status must submit an affidavit stating that they have either applied for lawful presence or will apply for lawful presence as soon as they are eligible when the person is applying for: In-state student tuition classification; or An identification document pursuant to the "Colorado Road and Community Safety Act". The act repeals these affidavit requirements. Under current law, a jail custodian is generally required to release a defendant within 6 hours after the defendant has been granted a personal recognizance bond or is prepared to post bond. The act prohibits the jail custodian from delaying a defendant's release for the purpose of an immigration enforcement operation. Under current law, a criminal defendant may petition a court to vacate a guilty plea to a class 1 or class 2 misdemeanor or a municipal offense if the criminal defendant alleges that: They were not adequately advised by defense counsel of adverse immigration consequences of a guilty plea; They did not knowingly, intelligently, or voluntarily waive the right to counsel because they were not advised that the right to counsel includes the right to be advised regarding immigration consequences of a guilty plea; or The guilty plea was constitutionally infirm. The act extends the ability to petition a court to vacate a guilty plea to class 3 misdemeanors as classified at the time of the plea, traffic misdemeanors, and petty offenses. Under current law, state agencies and state agencies' employees are: Required to comply with provisions that limit the disclosure, collection, and access to a person's personal identifying information; Required to annually report certain information concerning requests made for a person's personal identifying information; and Subject to a civil penalty for an intentional violation of the requirements. The act extends these requirements concerning a person's personal identifying information to political subdivisions and their employees, and repeals the annual reporting requirements concerning requests made for a person's personal identifying information. The act creates minimum requirements for a public child care center, public school, local education provider, public institution of higher education, public health-care facility, or publicly supported library concerning information collection and access to its information, facilities, or property, and creates a civil penalty for an intentional violation of certain requirements. Under current law, a peace officer who is employed by the Colorado state patrol, a municipal police department, a town marshal's office, or a county sheriff's office is prohibited from arresting or detaining an individual on the basis of a civil immigration detainer request. The act extends the prohibition to a peace officer designated by the state as a peace officer. Under current law, a probation officer or probation department employee is prohibited from providing personal information about an individual to federal immigration authorities. The act extends this prohibition to a pretrial officer or pretrial services office employee. The act prohibits a military force from another state from entering the state without the governor's permission, unless the military force from another state is acting on federal orders and acting as a part of the United States armed forces. The act adds and amends definitions concerning "precise geolocation data" within the "Colorado Privacy Act". The act prohibits a controller from selling a consumer's sensitive data without obtaining consent. Under current law, a person is not subject to civil arrest while the person is present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding. The act extends this to while a person is receiving treatment in a related facility, which is a facility where programs and services are provided in relation to a court proceeding. For the 2025-26 state fiscal year, the act decreases an appropriation made in the long bill of: $54,900 from the general fund to the department of labor and employment; and $3,393 from the general fund to the department of personnel.(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 procure a privately administered criminal history record check for the individual before the individual is permitted to act as a driver , at least once every 6 months after the initial criminal history record check, and 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 criminal history record checks. A TNC shall initiate a review of a driver for deactivation if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the commission, the office of the attorney general, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. If the TNC determines that the allegation is more than likely to have occurred through a review of the available evidence, the TNC shall deactivate the driver from the TNC's digital platform in accordance with the TNC's deactivation and suspension policy. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. A TNC's resolution of a driver's challenge to a deactivation must include a written statement that the TNC sends to the driver and the party that filed a complaint. The act requires the commission to create a process by rule for sharing information between TNCs regarding deactivation of riders and drivers. 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 office of the attorney general, a district attorney's office, the commission, or a law enforcement agency no later than 2 business days after the request is made. In addition to enforcement by the commission, the act authorizes the attorney general or a person injured or harmed by an alleged violation of the act that results in injury or harm to a minor to initiate a civil proceeding in a district court against a TNC, a driver, or a rider that violates the act. A person injured or harmed by an alleged violation of the act committed by a TNC, a driver, or a rider that results in death, sexual assault, kidnapping, or personal injury to an individual who is not a minor may initiate a civil proceeding in a district court against the TNC, the driver, or the rider. A TNC shall ensure that a driver or rider may opt in to audio and video recording of each prearranged ride in accordance with rules adopted by the commission. On or before November 1, 2025, the commission shall also adopt rules regarding: The requirements, procedures, and the deadline for implementation of audio and video recording policies; Access to, storage of, and encryption of audio and video recording, including measures to promote victim-survivor privacy and choice; Transferring audio and video recording and related data between a TNC and the driver or rider; Notification by a TNC company to a driver and rider that a prearranged ride is continuously audio and video recorded; Education provided by a TNC to a driver and rider regarding the safety benefits of audio and video recording of a prearranged ride; Technology failures related to audio and video recording, including rules that hold harmless a TNC for a technological failure outside of the control of the TNC if the TNC is otherwise acting in good faith to conduct audio and video recording of a prearranged ride; and Ensuring that a driver does not suffer an undue burden from purchasing technology to enable audio and video recording. The act requires a TNC to maintain clear policies prohibiting drivers or riders from offering, selling, or providing food or beverage to another driver or rider. A provision in a contract between a TNC and a rider is declared void as against public policy if the provision attempts or purports to waive specified rights. The act requires a TNC to develop policies to: Prevent imposter accounts, 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 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; Establish procedures for deactivation of a driver if the TNC is notified of a specified allegation against a driver; Notify and train drivers and riders of any updates to TNC safety policies; Prohibit drivers from offering or selling food or beverage to riders; Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; and Prevent 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; or Assigning an automatic or default rider rating that the driver did not assign. A TNC may delete ratings or reviews that are motivated by bias or fraud. A TNC shall not consider negative ratings or reviews that are motivated by bias or fraud 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 as determined by the commission by rule. The act requires that, on or before February 1, 2026, and on or before February 1 each year thereafter, a TNC shall submit to the commission, the attorney general, and each member of the general assembly, specified data related to incidents involving safety and discrimination. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)

Current law grants peace officer status to an auto industry investigator and the director of the auto industry division within the department of revenue (department). Current law limits the scope of peace officer authority for these 2 positions to certain investigative and enforcement functions. The act expands the peace officer authority for the auto industry investigator and auto industry division director positions to include enforcement of all the laws of the state and requires the investigators and director to be peace officers standards and training board (P.O.S.T. board) certified. The act extends peace officer status, along with the expanded authority and P.O.S.T. board certification requirement, to agents in charge, criminal investigator supervisors, and criminal investigators within the auto industry division. House Bill 24-1353, concerning requirements to engage in the business of dealing in firearms, created a new firearms dealer division (division) within the department. The act designates the division director and deputy directors as peace officers who may be P.O.S.T.-board-certified. The act makes agents in charge, criminal investigator supervisors, and criminal investigators in the division peace officers who must be P.O.S.T.-board-certified. (Note: This summary applies to this bill as enacted.)

The act clarifies when a teacher may conclude that an early elementary school student has a significant reading deficiency requiring remediation through a specialized approach to instruction (READ plan) based on a body of evidence that includes information in addition to the student's scores on a reading assessment. Current law requires certain parental communications in connection with a student's READ plan. The act requires the addition of specific information regarding characteristics of dyslexia, if applicable, to the parental communications. Beginning no later than the 2027-28 school year, a local education provider must either develop its own screening process for identifying early elementary school students with characteristics of dyslexia or implement a universal dyslexia screener that conforms to certain new requirements. A local education provider that implements a screener may include the screener in an interim reading assessment or administer the screener separately from the interim assessment. Either way, the screener must accurately and reliably identify students at risk of reading difficulties. If an interim reading assessment includes a screener, the assessment must meet standards for validity and reliability, encourage data-driven instructional decision making, and promote efficient administration and effective follow-up. (Note: This summary applies to this bill as enacted.)

As it relates to unlawful detention of real property, the act expands current exceptions and protections for tenants who are victims of domestic violence and domestic abuse to include victims of unlawful sexual behavior and stalking (victim-survivor). If domestic violence or domestic abuse was the cause of an alleged unlawful detention of real property, current law requires the tenant to document the domestic violence or domestic abuse through a police report or a valid civil or emergency protection order (required documentation). The act expands the required documentation to include a valid criminal protection order, a self-attestation affidavit or a letter signed by a qualified third party from whom the tenant sought assistance. If a tenant has been alleged to have committed unlawful detention of real property due to nonpayment or late payment of rent and the tenant has provided the landlord with the required documentation, the act requires the landlord to offer the tenant a repayment plan no later than 3 business days after serving a demand for unpaid rent or no later than 3 business days after receiving the required documentation. Within 7 days after receipt of the repayment plan, the act requires the tenant to accept the landlord's repayment plan or propose an alternative. If a landlord has written or actual notice that a tenant is a victim-survivor, the act requires the landlord to make all reasonable efforts to perfect service through personal service to the tenant. The act requires the court to suppress, or continue suppressing, any related court records upon receiving the victim-survivor's motion or petition to suppress the record, the required documentation, and an assertion that public access to the records poses a risk to the defendant's safety or the safety of a family member of the defendant's household. The act makes changes to certain court procedures as the procedures relate to victim-survivors. If a tenant who is a victim-survivor terminates a lease and provides the required documentation, the tenant is not liable for damage to the dwelling unit caused by the responsible party or during the course of an incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The act requires the tenant to pay no more than one month's rent after vacating the premises only if the landlord has incurred economic damages as a direct result of the early termination and the landlord has provided documentation of the economic damages to the tenant within 30 days after termination of the rental or lease agreement. The act prohibits a landlord from assigning a debt allegedly owed by a tenant who is a victim-survivor to a third-party debt collector unless the landlord provides the tenant with documentation of the economic damages incurred by the landlord and provides at least 90 days' written notice to the tenant. If a tenant provides notice to the landlord that the tenant is a victim-survivor and provides the required documentation, the act prohibits the landlord from preventing the tenant from changing the locks and prohibits the landlord from imposing fees on, taking any adverse action against, or otherwise retaliating against the tenant for changing the locks or taking other reasonable safety precautions. The act authorizes a tenant to bring a civil action against a landlord for violating provisions related to housing protections for victim-survivors. (Note: This summary applies to this bill as enacted.)

The act: Amends the definition of "employer" for purposes of wage and hour laws to include an individual who owns or controls at least 25% of the ownership interest in an employer; Prohibits an employer from making a payroll deduction below a worker's applicable minimum wage; Allows the director of the division of labor standards and statistics (division) to waive the penalty for an employer's failure to pay claimed wages or compensation within 14 days after a written demand if certain specified conditions are met; and Requires a court to find that an employee pursued a wage claim that lacked substantial justification before awarding an employer reasonable costs and attorney fees in a civil action for unpaid wages or compensation. In such an action, the court may pursue all equitable relief to deter future violations and prevent unjust enrichment. Current law limits the ability of the director of the division to adjudicate claims for nonpayment of wages or compensation to $7,500 or less. The act increases this threshold over the years by increasing the maximum amount to $13,000 for claims filed from July 1, 2026, through December 31, 2027, and in an amount specified by the director of the division to adjust for inflation beginning January 1, 2028. The act also requires the division, in adjudicating wage claims, to determine whether a violation is willful. For each violation: The director shall publish on the division's website the names of all employers found to be in violation and whether the violation was willful; and If the violation was willful and is not remedied within 60 days after the division's finding that there was a violation, the division must notify all government bodies with the authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential of the unremedied willful violation. Additionally, the division may report an employer found to have violated a law related to wages and hours to any government body with authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential. The act also repeals language requiring the division to issue a determination on a wage complaint within 90 days and clarifies that a city or county may enact and enforce wage laws within the city or county's jurisdiction. An employer found to have misclassified an employee as a nonemployee must pay a fine in the following amounts, in addition to any other relief ordered: For a willful violation, $5,000; For a violation not remedied within 60 days after the division's finding, $10,000; For a second or subsequent willful violation within 5 years, $25,000; or For a second or subsequent willful violation not remedied within 60 days after the division's finding, $50,000. The director of the division must adjust these fine amounts for inflation by January 1, 2028, and every other year thereafter. The act also decreases the amount of time the division must wait before paying an employee out of the wage theft enforcement fund from 6 months to 120 days. Current law prohibits an employer from discriminating or retaliating against an employee for taking protection under wage and hour laws or the law related to the employment of minors. The act expands this provision to specify additional protected behavior and expands the prohibition to include other persons in addition to employers. The act also: Requires a fact finder to consider the time between an individual's exercise of a protected activity and an employer's adverse action when determining whether an employer has retaliated against the employee or worker; Specifies that it is a violation to use an individual's immigration status to discriminate or retaliate against an employee or worker who has engaged in protected activity; and Allows the division to order reasonable attorney fees and costs after investigating a discrimination or retaliation claim. Between August 1, 2027, and October 1, 2027, the division must report to the joint budget committee on its progress in implementing the act. In state fiscal year 2025-26, $328,210 is appropriated to the department of labor and employment for use by the division to implement the act. (Note: This summary applies to this bill as enacted.)