Sen. Mike Weissman

The act authorizes the state auditor, in the state auditor's discretion, to audit the records of a school district that received state education fund money (school district) for capital construction projects for qualified charter schools in the district to determine the amount of state education fund money expended by each school district in the state for capital construction and to identify the schools and projects on which school districts expended the money.(Note: This summary applies to this bill as enacted.)

The department of regulatory agencies (DORA) conducted a sunset review of the cold case task force (task force) in the department of public safety (department) and recommended:Authorizing the executive director of the department to appoint additional task force members;Extending the task force until September 1, 2039; andChanging the type of sunset review that is performed by DORA.     The act implements DORA's recommendations.(Note: This summary applies to this bill as enacted.)

The act requires the declarant of a new planned community or condominium, prior to transfer of control from the declarant to the association of a planned community or condominium, to obtain and pay for a reserve study for the planned community or condominium. The study must estimate the projected costs of maintaining, repairing, or replacing the common elements or property of the planned community or condominium over a 30-year period. The reserve study must be conducted by an independent reserve study professional or other qualified professional with knowledge of industry standards and that has no business relationship with or financial interest in the declarant and is not a affiliate of the declarant.     When an association, other than a self-managed association, changes association management companies, the former association management company shall, within 45 days, deliver to the new association management company or the association, at no charge to the association, all association property, records, money, accounts, information, and other items or information specified in the act (property and records).     Unless otherwise agreed in writing, the former association management company shall pay the association $250 for each business day that it fails to timely return the association's property and records and is liable for all interest and late fees on late payments made by the association due to the former association management company's failure to turn over the property and records, as well as any other damages incurred by the association. In a civil action to recover the property and records or the payments owed to the association for the former association management company's failure to turn over the property and records, if the court finds that the former association management company's violation was willful, the former association management company shall be liable for treble the association's actual damages, plus reasonable attorney fees and court costs.(Note: This summary applies to this bill as enacted.)

The act establishes civil immunity for a board member, staff member, or volunteer of a child advocacy center that arises from the performance of the board member's, staff member's, or volunteer's duties if the board member's, staff member's, or volunteer's acts are in good faith.     The act allows certain entities to share information under certain circumstances that is relevant to the protection of a child that is the subject of a child maltreatment case.(Note: This summary applies to this bill as enacted.)

The act creates the pathways to public service program (program) in the department of personnel (department) using existing resources. The purpose of the program is for the department to work with academic and workforce entities to identify existing curriculum and course work that would qualify students for positions within state government. Participation by academic and workforce entities is voluntary.(Note: This summary applies to this bill as enacted.)

The act imposes requirements regarding a contract or agreement between an insurance carrier (carrier) and a third party concerning access to dental care services, including:Prohibiting a carrier from entering into a third-party network lease agreement to provide access to dental care services or contractually agreed-upon discounts provided by a dental provider who is contracted as a participating provider (provider) with the carrier, unless the provider gives affirmative consent to allow the third party to access the provider's dental care services and contractually agreed-upon discounts;Prohibiting a carrier from canceling or entering into a contract with a provider on the grounds that the provider refuses to allow access by a third party to the dental care services and contractually agreed-upon discounts provided by the provider; andIf a provider allows a third party to access the provider's dental care services and contractually agreed-upon discounts through a contract between a carrier and a third party, requiring the carrier to comply with specified obligations.     The act creates exemptions from the prohibitions on specified contract provisions in contracts between carriers and dental providers, including if:A provider network contract for dental services is provided to beneficiaries of programs for medical assistance sponsored by the state of Colorado; orAccess to a provider network contract is granted to a dental carrier or an entity operating in accordance with the same brand licensee program as the contracting entity, and a list of the carriers or entities with the same brand licensee program as the contracting entity is made available to a provider on the contracting entity's website.(Note: This summary applies to this bill as enacted.)

The bill authorizes legislative leave and job protection for qualified members of the general assembly (qualified members) who are engaged in employment outside of their duties related to the general assembly. More specifically, the bill states that , beginning January 1, 2027 :A qualified member can take a leave of absence from their outside employment during regular and special legislative sessions;A qualified member's outside employer has discretion to grant legislative leave as paid, unpaid, or partially paid;A qualified member's outside employer cannot terminate the qualified member's outside employment on the basis that the qualified member requests or takes legislative leave; andWhen a qualified member returns to their outside employment following legislative leave, the qualified member is entitled to be restored to the same or an equivalent employment position.     The bill excepts that qualified members actively serving a 4-year term at the time the bill takes effect are only eligible to take legislative leave beginning January 1, 2029.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act prohibits a person from:Identifying an agricultural product as being produced in the state when selling, marketing, advertising, or distributing the product unless the product is grown in the state; andUsing the Colorado proud designation or logo unless authorized by the department of agriculture.     A violation of these prohibitions constitutes a deceptive trade practice. There is no private right of action to enforce a violation of the prohibitions.(Note: This summary applies to this bill as enacted.)

Under the bill, a "covered business" is defined as a sole proprietorship, a partnership, a limited liability company, a corporation, an association, or another legal entity, or an affiliate of such a legal entity, that:Conducts business in the state and generates a majority of its annual revenue from online services;Makes available online gaming services, products, or features that are reasonably likely to be accessed by a user who is a minor or who the covered business labels as a minor (covered minor);Collects users' personal data or has users' personal data collected on its behalf by a processor; andSolely or jointly with others determines the purposes and means of the processing of users' personal data.     The bill states that a covered business that processes the personal data of a covered minor owes a minimum duty of care to the covered minor. The bill also requires a covered business to:Configure default privacy settings provided to a covered minor to the highest level of privacy and to include certain default settings;Provide a prominent, accessible, and responsive tool to allow a covered minor to request that the covered minor's account be unpublished or deleted and, if the business receives such a request, to honor it within 15 days; andImmediately delete all data that relates to the determination of a user's age after it is determined that the user is a covered minor.     The bill prohibits a covered business from:Providing a covered minor with a single setting that makes all of the default privacy settings less protective at once;Requesting or prompting a covered minor to make their privacy settings less protective;Collecting, selling, sharing, or retaining personal data of a covered minor that is not necessary to provide an online gaming service, product, or feature with which the covered minor is actively and knowingly engaged;Using previously collected personal data of a covered minor for any purpose other than a purpose for which the personal data was collected;Permitting an individual to monitor the online activity of a covered minor or to track the location of the covered minor without providing a conspicuous signal to the covered minor when the covered minor is being monitored or tracked;Using the personal data of a covered minor to select, recommend, or prioritize media for the covered minor unless the covered minor makes certain requests or takes certain actions warranting such conduct by the covered business; orSending push notifications to a covered minor between 12 midnight and 6 a.m.     The bill imposes additional specific requirements and prohibitions for a covered business that collects users' personal data for the purpose of conducting age assurance.     The bill requires a covered business to ensure that the purchase price for an online gaming service, product, or feature that is made available through the covered business's online gaming service, product, or feature and that is reasonably likely to be accessed by a covered minor is listed in United States dollars at the point of sale.     A covered business shall impose and collect a fee on each add-on transaction that is conducted by a covered minor through the covered business's online gaming service, product, or feature. The amount of the fee is 5% of the amount of the transaction. Money collected as such fees is credited to the state public school fund.     The bill requires a social media platform to provide certain information on its website or mobile application concerning privacy policies and the use of algorithms. A social media platform is prohibited from using an algorithmic recommendation system to sell or otherwise distribute an illicit substance to a covered minor.(Note: This summary applies to this bill as introduced.)

The act adds a co-responder who is part of a co-responder community response to the list of community members who may petition the court for an extreme risk protection order. Health-care facilities, behavioral health treatment facilities, school districts, the state charter school institute, K-12 charter schools, private schools, and institutions of higher education are established as institutional petitioners that may petition a court for an extreme risk protection order.(Note: This summary applies to this bill as enacted.)