Sen. Matt Ball

The act repeals obsolete statutory provisions that: Required the department of labor and employment (department) to analyze various aspects of the administration of a family and medical leave program (program); Created a family and medical leave task force (task force) to make an initial recommendation on how to administer the program based on the department's analysis; Required the department to contract for an actuarial study of the task force's initial recommendation; and Required the task force, after consideration of the actuarial study performed on the task force's initial recommendation, to report on its final recommendation on administration of the program. The task force issued its recommendation, the actuarial study was completed, and the task force issued its final recommendation on administration of the program. (Note: This summary applies to this bill as enacted.)

The act requires the state board of education (state board) to adopt standards related to Black historical and cultural studies (standards). Local education providers shall incorporate the standards into courses for public elementary and secondary school students in the state no later than 2 years after the state board adopts the standards. The act aligns the timeline for the development, adoption, and integration of the standards with the 6-year cycle that the state board of education currently uses for revising the state academic standards. The act creates the Black historical and cultural studies advisory committee (committee) in the department of education (department) to recommend standards and related materials and to provide technical assistance at the request of local education providers implementing the standards. The committee's recommendations must include updates to the state's history and civics standards and must advance developmentally appropriate but comprehensive instruction that features factual accounts of the struggles and contributions of Black Americans in all fields of endeavor. Using the committee's recommendations, the department will create and maintain a resource bank of research-based, scholarly articles and promising program materials and curricula pertaining to Black historical and cultural studies. For the 2025-26 state fiscal year, the act appropriates $19,225 from the general fund to the department for costs related to content specialists. (Note: This summary applies to this bill as enacted.)

The act authorizes an agency of government to incorporate a project labor agreement requirement for a public project in the amount of $1 million or more if the project labor agreement will promote successful project delivery by securing a skilled labor force for the project and if it will promote cost-efficiency, safety, quality, and timely completion of the project. (Note: This summary applies to this bill as enacted.)

In 2019, the division of insurance within the department of regulatory agencies (department) established the primary care payment reform collaborative (collaborative) to, among other things, advise in the development of affordability standards and targets for insurance carrier investments in primary care, identify barriers to the adoption of alternative payment models by health-care providers and insurers, and develop recommendations to address barriers. The act implements the recommendations of the department's sunset review and report by: Continuing the collaborative for 7 years, until September 1, 2032; and Scheduling the next sunset review of the collaborative to be conducted pursuant to the sunset review structure for advisory committees. In addition, the act clarifies that the collaborative is required to ensure the development and consideration of alternative payment models that are responsive to the needs of primary care delivery in pediatrics and that the commissioner of insurance is required to invite pediatric primary care providers to participate in the collaborative. (Note: This summary applies to this bill as enacted.)

Under current law, if a consumer consents to an automatic renewal contract for a good or service through an online medium, the person that sells the good or service may provide the consumer with an opportunity to cancel the automatic renewal contract either online or in person. The act changes this provision to state that the person that sells the good or service is required to provide the consumer with an opportunity to cancel the automatic renewal contract online if the consumer consented to the automatic renewal contract through an online medium. If the consumer consented to the automatic renewal contract through other means, the person is required to provide the consumer with an online cancellation link or an in-person mechanism for canceling the automatic renewal contract. The person that sells the good or service may display a discounted offer, a retention benefit, or information regarding the effects of cancellation if the person simultaneously displays a direct link to cancel the automatic renewal contract. The attorney general may adopt rules to implement and enforce the act. (Note: This summary applies to this bill as enacted.)

The act creates a working group to make findings and recommendations concerning the use of colorimetric field drug tests in the various stages of criminal proceedings and carceral settings. The act specifies the working group's membership and appointing authority, as applicable. The working group is required to: Make findings concerning the prevalence of the administration of colorimetric field drug tests in Colorado and the potential harms that result from such administration; Make findings and recommendations for legislation or policy solutions to eliminate harms from the use of colorimetric field drug tests, administering the tests for presumptive purposes only, and how to prevent future harms resulting from administering such tests; and On or before December 1, 2025, submit a report of its findings and recommendations to the judiciary committees of the house of representatives and the senate. On or before June 13, 2025, the director of the legislative council shall use a request for proposal process to contract with and designate a nonprofit organization to provide staffing and facilitate the performance of the working group's duties, subject to the approval of the chair of the executive committee of the legislative council. The operation of the working group is contingent on awarding a contract and designating a nonprofit organization. If a contract is not awarded, then the working group does not operate. The act prohibits the use of the general fund money to contract with a nonprofit to facilitate the working group. (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.)

The act requires the judicial department to develop a form for a court to use to notify the department of human services (DHS) of the court's specific findings when the court denies a personal recognizance bond and orders inpatient restoration services for a defendant who is in custody for a misdemeanor, petty offense, or traffic offense, and who the court determines is incompetent to proceed but there is a substantial probability that the defendant, with restoration services, will attain competency in the reasonably foreseeable future. The act makes changes to the processes related to competency evaluations, including changing the deadlines and processes for requesting second evaluations and changing the requirements for conducting restoration evaluations of juveniles. The act requires a court to vacate any existing order and not enter a new order directing DHS to conduct a competency evaluation or provide restoration services to a defendant if the defendant was accepted to participate in the bridges wraparound care program. The requirements and processes related to certifying a defendant for short-term treatment are updated, including changes to the requirements for a party to request an order initiating short-term treatment and the processes when a party requests a hearing. The act permits DHS to request that the court refer a matter for filing of a petition for short-term treatment if, in the process of coordinating outpatient restoration services for a defendant, DHS determines that the defendant meets the standard for a certification for short-term treatment. The court is required to set the following hearings upon the request of a party, if a final determination is made that the defendant is incompetent to proceed: A hearing following the court's receipt, prior to ordering restoration treatment, of a competency evaluator's report concluding that there is not a substantial probability that the defendant, with restoration services, will attain competency within the reasonably foreseeable future; and A hearing if, prior to ordering restoration treatment, a competency evaluator or other expert opines that the defendant's diagnosis likely includes a moderate to severe intellectual or developmental disability, acquired traumatic brain injury, or dementia, which, either alone or together with a co-occurring mental illness, affects the defendant's ability to gain or maintain competency. The court is required to make findings about whether there are reasonable grounds to believe a person meets the standard for a certification for short-term treatment prior to dismissing charges against the person for certain competency reasons. If the charges are dismissed, the court shall notify DHS in writing that the charges were dismissed and the reason for the dismissal. Under existing law, if the court finds there are reasonable grounds, the court may stay the dismissal for 35 days. The act permits the court to grant up to four 35-day extensions to a stay of a dismissal in addition to the initial stay. DHS is permitted to continue to provide services for up to 90 days after a person's case is dismissed because the person is incompetent to proceed. DHS is permitted to enter into an agreement with an organization to provide permanent supportive housing for a person whose case is dismissed because the person is incompetent to proceed or the person has successfully completed a bridges wraparound care program, and for a person who has been referred to the bridges wraparound care program. DHS is required to collect information concerning where a person lives or intends to live following a dismissal or referral for each person whose charges are dismissed following a determination by the court that the person is incompetent to proceed or following satisfactory completion of a bridges wraparound care program, or who has been referred to the bridges wraparound care program. The act tolls the time limitations to commence a criminal proceeding against a defendant while the offender is in a competency-related diversion or deflection program. The act tolls the time limitations to commence a criminal proceeding against a defendant beginning when the defendant's case is dismissed without prejudice for the purpose of facilitating certification for short-term treatment until either the defendant's criminal case is re-filed or 6 months have passed since the case was dismissed, whichever is earlier. (Note: This summary applies to this bill as enacted.)

The act allows regulators of the following professions and occupations to require an applicant for a license, certification, or registration to submit to a fingerprint-based criminal history record check (fingerprint-based record check): Audiologists; Certified midwives; Cremationists; Dental hygienists; Dentists; Embalmers; Funeral directors; Licensed professional counselors; Mortuary science practitioners; Natural reductionists; Occupational therapists; Occupational therapy assistants; Physician assistants; Social workers; and Speech-language pathologists. An applicant submitting to a fingerprint-based record check must pay the costs associated with the fingerprint-based record check. If an applicant's fingerprint-based record check reveals a record of arrest without a disposition, the applicant must submit to a name-based judicial record check. A local government entity is authorized to perform a fingerprint-based record check when an ordinance or resolution requires an individual to submit to a fingerprint-based record check. The act also clarifies who is eligible to submit to, who is eligible to receive records from, and the type of records an entity may receive from a fingerprint-based record check and aligns state law with federal bureau of investigation requirements. (Note: This summary applies to this bill as enacted.)