Sen. Matt Ball

Current law does not require hospitals to hold on to blood draws for any specific amount of time. The act requires hospitals or other health-care facilities to retain blood draws or admission blood samples for 14 days if a coroner submits a blood retention form upon a hospital or health-care facility for a blood draw or admission blood sample of a deceased individual that is the subject of a coroner's death inquest or 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 requires the following regarding the application for a license to practice medicine in Colorado (application) and the questionnaire accompanying the form for a license renewal (questionnaire): The Colorado medical board (board) must consider the recommendations of the Federation of State Medical Boards and the requirements of the federal "Americans with Disabilities Act of 1990" when developing the application questions; The application and questionnaire must not require the disclosure of personal medical or health information that is not relevant to the applicant's ability to provide safe, competent, and ethical patient care at the time of application; The application and questionnaire must not include questions seeking information about past health-related conditions that do not impact an applicant's ability to practice safe, competent, and ethical patient care at the time of application; and The board shall include information in the application about the board's peer health assistance program, the applicant's ability to self-refer to the peer health assistance program at any time, and the applicant's ability to self-refer in lieu of disclosure to the board. The act clarifies that an individual subject to the licensing requirements of the "Colorado Medical Practice Act" is not required to disclose a physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder that no longer impacts the individual's ability to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients. Current law requires that if a health-care professional has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder. The act requires that a health-care professional must additionally provide notice of a substance use disorder and specifies that the health-care professional is required only to provide notice of a current physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder. (Note: This summary applies to this bill as enacted.)

Current law allows a person who is committed, imprisoned, or arrested (person in custody) the right to communicate with an attorney or family member by making a reasonable number of telephone calls or through any other reasonable manner. The act adds the attorney's authorized representative to those whom a person in custody can communicate with. Current law allows a person in custody the right to consult with an attorney. The act requires a peace officer or person employed at a place of confinement to provide an attorney or the attorney's authorized representative the ability to initiate communication with a person in custody through telephone calls, interactive audiovisual conferencing, or any other reasonable method of electronic communication, as determined by the jail or correctional facility administration. The communication must be private, unrecorded, and without cost to the confined person and attorney or the attorney's representative, subject to all reasonable administrative and operational procedures. (Note: This summary applies to this bill as enacted.)

The act prohibits a peer support team member from disclosing, without the consent of the recipient of peer support (recipient), the confidential communications made by the recipient during a peer support interaction, with specified exceptions. With respect to an exception for which disclosure is permissible, a peer support team member who discloses or does not disclose a communication with a recipient is not liable for damages in a civil action for disclosing or not disclosing the communication. The act expands an exception allowing specified mental health professionals to disclose confidential information when a recipient makes a threat against an individual or themself or makes a threat that, if carried out, would result in harm to an individual or themself. In addition, a peer support team member is exempted from the prohibition on disclosure established by the act if: The peer support team member was a witness or a party to the incident that prompted the delivery of peer support services; A recipient admits to committing a crime or provides information pertaining to the recipient or another individual that is indicative of criminal conduct; Criteria related to an individual's participation as a witness in a court proceeding are met; or A recipient makes a threat involving damage or destruction of private or public property.(Note: This summary applies to this bill as enacted.)

The "Identity Theft and Financial Deterrence Act" was set to repeal September 1, 2025. The act implements the department of regulatory agencies' recommendations to: Continue the "Identity Theft and Financial Fraud Deterrence Act" until September 1, 2036; Repeal the identity theft and financial fraud board; and Repeal the current cash fund funding structure; allow appropriation of money from the general fund to the department of public safety (department); and allow the department to accept gifts, grants, and donations to staff the Colorado investigators unit. For the 2025-26 state fiscal year, the act appropriates $653,345 from the identity theft and financial fraud fund to the department for use by the Colorado bureau of investigation and decreases appropriations made to the department for use by the Colorado bureau of investigation from the identity theft and financial fraud fund by $653,345. Money appropriated to the department to staff the Colorado investigators unit is subject to available appropriations. (Note: This summary applies to this bill as enacted.)

The act creates the behavioral and mental health excise tax cash fund that is designated to hold money received from the firearm and ammunition excise tax (Proposition KK) for certain behavioral health-related purposes. Current law requires $8 million that is received from Proposition KK to be transferred to the behavioral and mental health cash fund. The act requires this money to instead be transferred to the behavioral and mental health excise tax cash fund. The act requires the state treasurer to transfer the Proposition KK money in the behavioral and mental health cash fund to the behavioral and mental health excise tax cash fund. Current law repeals the behavioral and mental health cash fund on July 1, 2032. The act changes the repeal date to July 1, 2027. (Note: This summary applies to this bill as enacted.)

For persons required to report child abuse or neglect, the act: Requires reports to be submitted as soon as possible, but within 24 hours, after receiving information of child abuse or neglect; Provides that reports are not required if the person: Receives the information outside of the person's professional capacity that would require a report; or Is connected to an attorney representing a party involved in a suspected child abuse or neglect case that would require a report under current law; Removes victim's advocates from the list of professions required to report child abuse or neglect; Prohibits reports based on a family's race, ethnicity, socioeconomic status, or disability; and Prohibits the delegation of the duty to report to a person who does not have firsthand knowledge of the suspected child abuse or neglect. For entities that employ a mandatory reporter, the act: Authorizes the entity to develop protocols for making the report if the protocols comply with state law and regulations; and Prohibits representatives of the entity from deterring or impeding a person from filing a report. The act requires a county department of human or social services (county department) to assign a referral identification number to each report of child abuse or neglect. If a mandatory reporter contacts the child abuse reporting hotline system (hotline) or a county department about a suspected child abuse or neglect report and the hotline or department gives the mandatory reporter the referral identification number of a related report that was previously filed, the mandatory reporter is deemed to have satisfied the reporting requirements. The act appropriates $5,375 to the state department of human services for training. (Note: This summary applies to this bill as enacted.)

Section 1 of the act amends the state public financing cash fund (fund) statute in 2 ways. First, the act removes the limit on the amounts included in the issuance or incurrence of certain financial obligations by the state that the state treasurer credits to the fund. Second, the act modifies the fund so that bond counsel approval is no longer needed before money in the fund is used to reimburse the state treasurer for certain verifiable costs. Section 2 allows the state treasurer to use a security token offering for state capital financing and adopt rules as necessary to do so. Section 3 creates a new special purpose authority: The building urgent infrastructure and leveraging dollars authority (authority). The authority's primary purpose is to finance infrastructure projects that are ready for construction or commencement. As used in this context, an infrastructure project includes the development, construction, repair, improvement, operation, maintenance, decommissioning, or ownership of: A transportation infrastructure project, an infrastructure project in a transit-oriented community, a county courthouse facility, a transportation facility; utility infrastructure; renewable energy infrastructure; recycling infrastructure; energy efficiency infrastructure; an education facility; water infrastructure; information technology capital construction; affordable and accessible housing infrastructure; or digital, social, or other infrastructure related to economic development. The powers of the authority are vested in a 13-member board with the following membership: The state treasurer or the state treasurer's designee; The state architect or the state architect's designee; The chair of the capital development committee of the general assembly or any successor committee; A member of the capital development committee of the general assembly or any successor committee who is the longest serving member on the committee and who is a member of the major political party other than the party of the chair of the committee; A representative of a statewide organization representing counties, appointed by the governor; A representative of a statewide organization representing municipalities, appointed by the governor; The executive director of the Colorado education and cultural facilities authority or their designee; A representative of a statewide organization of general and specialty commercial construction contractors, appointed by the governor; A representative of a statewide employee organization representing building and construction trade workers, appointed by the president of the senate; An individual representing service employees, appointed by the state treasurer; An individual with a background in finance who has experience with pension fund management, appointed by the state treasurer; and An individual with a background in commercial lending representing an institution insured by the federal deposit insurance corporation, appointed by the state treasurer. The state treasurer or the state treasurer's designee serves as the chair of the board and is required to call the first meeting of the board no later than January 1, 2026. Among other powers, the authority may: Make and execute agreements, contracts, and other instruments as necessary to achieve the authority's purposes, including contracting with the officers, personnel, and consultants of the state treasurer to achieve its purposes; Charge to and collect from state agencies and persons fees and charges in connection with the authority's loans or other services; Issue and sell building urgent infrastructure and leveraging dollars bonds, payable solely from the building urgent infrastructure and leveraging dollars bonding fund created within the authority; Invest and deposit money; Finance or participate in the financing of eligible projects or any interest in such a project; except for projects that are within the statutory authority of the Colorado housing and finance authority; and Facilitate the funding of infrastructure projects. The infrastructure and long-term development assistance program (program) is created in the authority to allow the authority to provide financing for eligible projects. The act requires the authority to develop policies and procedures necessary to implement the program. At a minimum, the policies and procedures must specify application criteria, an application process, and a selection process for the authority to determine which eligible projects it will finance or assist in financing through the program. The authority must pay for such financing out of the eligible project revolving fund created in the authority. The act also requires that the authority allow the Colorado educational and cultural facilities authority a right of first refusal for the financing of eligible projects. (Note: This summary applies to this bill as enacted.)

The act requires the department of personnel (department), in partnership with the office of new Americans, to conduct or contract to conduct a statewide language access assessment of the readiness of principal departments to meet the language access standards outlined in the language access universal policy (assessment). The assessment covers all principal departments except the department of state, the department of the treasury, and the department of law (principal departments). The assessment must identify: The needs of principal departments to meet the language access standards outlined in the language access universal policy, including requests for guidance, training, and technical assistance; Relevant language access materials from principal departments, including language access plans, position descriptions related to language access, procedures related to language access, and technical assistance or training materials; Information on current language services contracts, expenditures, and funding sources related to language access; The public-facing responsibilities of principal departments, including designating which principal departments and their subcontractors do and do not have frequent contact with linguistically diverse individuals; and Other covered entities that may be subject to the standards outlined in the language access universal policy. The department may enter into an agreement with a third-party entity to conduct all or part of the assessment. The third-party entity must have demonstrated expertise in working with state governments on language access initiatives, such as developing language access policies or plans. At the conclusion of the assessment and not later than December 31, 2026, the department, the office of new Americans, or the third-party entity is required to create a report that summarizes the findings of the assessment and makes recommendations concerning: Improving efficiency, increasing quality of service, reducing cost, avoiding duplicative work, building on existing best practices, and minimizing administrative burden with respect to the provision of linguistically accessible government services and programs to linguistically diverse individuals; Addressing gaps and improving meaningful service through changes to language access services, practices, and procedures; Evaluating potential technological options for increasing language access, such as artificial intelligence; and Determining what infrastructure is needed to ensure full and sustainable implementation of the standards outlined in the language access universal policy. The department must also maintain a community of practice to focus on implementing the language access universal policy with ongoing observation of best practices in the principal departments. The department must include a summary of the report and assessment in its January 2027 presentation to legislative oversight committees required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". For the 2025-26 state fiscal year, $100,000 is appropriated from the general fund to the department for use by the Colorado equity office for personal services. Any money not expended by July 1, 2026, is further appropriated to the Colorado equity office through December 31, 2026. (Note: This summary applies to this bill as enacted.)