Sen. Robert Rodriguez

Maddy summaryThis resolution authorizes Colorado's General Assembly to file a lawsuit challenging whether the Taxpayer's Bill of Rights (TABOR), specifically Section 20 of Article X in the state constitution, violates the guarantee of a "republican form of government" under the state constitution and U.S. Constitution. It directs the Committee on Legal Services to hire legal counsel (excluding those involved in prior TABOR litigation) to sue in state district court, seeking a court determination on TABOR's constitutionality regarding legislative authority over taxes and spending. The suit focuses solely on whether TABOR undermines the General Assembly's role as a representative legislative body.

The act requires the division of criminal justice (division) in the department of public safety to apply for and accept and expend federal or other available grant money to improve the state's response to mass shootings, including grant money to support services for victims of mass shootings. (Note: This summary applies to this bill as enacted.)

Under current law, the office of school safety (office) oversees the school safety resource center (center) and 2 separate units that assist schools with crisis management and safety-related grant funding, respectively. There is an advisory board that recommends the policies of the center. The act broadens the scope of the advisory board's work to include policy recommendations for the entire office. (Note: This summary applies to this bill as enacted.)

The act defines a "specified semiautomatic firearm" as a semiautomatic rifle or semiautomatic shotgun with a detachable magazine or a gas-operated semiautomatic handgun with a detachable magazine. The act excludes certain types of firearms and specified models of firearms from the definition of "specified semiautomatic firearm". The act prohibits knowingly manufacturing, distributing, transferring, selling, or purchasing a specified semiautomatic firearm on or after August 1, 2026; except that a person may transfer a specified semiautomatic firearm to an individual residing in another state or a federally licensed firearm dealer. The act exempts certain manufacture, transfers, sales, and purchases from the prohibition, including specified transactions involving law enforcement agencies and peace officers, the department of corrections, armored vehicle businesses, military forces, gunsmiths, educational programs, and historical societies and museums; transfers that occur by operation of law or because of the death of a person; and conduct involving firearms for use solely as a prop for a film. Additionally, the prohibition does not apply to the transfer or sale of a specified semiautomatic firearm to, and receipt or purchase of a specified semiautomatic firearm by, a person who: Completed a hunter education course certified by the division of parks and wildlife (division) and, within 5 years before making the purchase, completed a basic firearms safety course; Within 5 years before making the purchase, completed an extended firearms safety course; or Completed an extended firearms safety course more than 5 years before making the purchase and completed a basic firearms safety course within 5 years before making the purchase. Unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm is a class 2 misdemeanor; except that a second or subsequent offense is a class 6 felony. The department of revenue shall revoke the state firearms dealer permit of a dealer who unlawfully manufactures, distributes, transfers, sells, or purchases a specified semiautomatic firearm. The Colorado bureau of investigation shall deny the transfer of a firearm to a person who was convicted of misdemeanor unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm within 5 years prior to the transfer. A person convicted of felony unlawful manufacture, distribution, transfer, sale, or purchase of a specified semiautomatic firearm is prohibited from possessing a firearm and certain other weapons. The act sets minimum requirements for the instruction included in, and length of, a basic firearms safety course and an extended firearms safety course. The act requires the division to establish the course requirements for a basic or extended firearms safety course. In order to enroll in a basic or extended firearms safety course, a person must hold a valid firearms safety course eligibility card (firearms course card) issued by a sheriff. The act sets the requirements to be issued a firearms course card, which includes completing a name-based background check, paying a processing fee set by the sheriff, and paying the firearms training and safety course record fee established by the division. A sheriff shall issue a firearms course card to an applicant; except that a sheriff shall deny an application if the applicant cannot lawfully possess a firearm under state or federal law or the sheriff cannot positively identify the applicant. A sheriff may deny an application for a firearms course card if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to themself or others if the applicant holds a card. A sheriff shall revoke an issued firearms course card if the cardholder cannot lawfully possess a firearm under state or federal law and may revoke an issued card if the sheriff has a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to themself or others. The act sets forth the process for judicial review of the denial or revocation of a firearms course card. The act requires the division to develop and maintain a firearms training and safety course record system (system) that includes records of persons who hold a valid firearms course card and who have completed a hunter education course, a basic firearms safety course, or an extended firearms safety course. The system must allow: A sheriff to electronically enter information about each person who was issued a firearms course eligibility card; The instructor of a basic or extended firearms safety course to request and receive information about whether a person holds a valid firearms course card; The instructor of a hunter education course or a basic or extended firearms safety course to electronically enter into the system information about each student who completes a course; and A federal firearms licensee to electronically request and receive information about whether a person has completed the courses necessary to purchase a specified semiautomatic firearm. The act creates the firearms training and safety course cash fund, which consists of firearms training and safety course record fee remitted to the division by a sheriff and any other money that the general assembly may appropriate or transfer to the fund. Money in the fund is continuously appropriated to the division. The director of the division may report to the state treasurer an amount of money to transfer between the firearms training and safety course cash fund from the parks and outdoor recreation cash fund. Within 3 days after receiving a report, the state treasurer shall make the reported transfer. By June 30, 2030, the total amount of the transfers to the parks and outdoor recreation cash fund reported by the director of the division must be equal to the total amount transferred from the parks and outdoor recreation cash fund, plus fair market interest. On or before December 31 of each year, the division shall submit a report to the house of representatives and senate judiciary committees, or their successor committees, about the expenses incurred by the division to implement the act, and any additional resources the division needs to effectively implement the act. The act requires the division in the department of revenue responsible for issuing state firearms dealer permits to publish and make publicly available guidance about specific models of specified semiautomatic firearms to which the act applies. The act makes the unlawful sale, transfer, or possession of a large-capacity magazine a class 1 misdemeanor. Existing law prohibits possession of a dangerous weapon. The act defines "rapid-fire device" and classifies rapid-fire devices as dangerous weapons under Colorado law. The act repeals the definition of "machine gun conversion device" and removes machine gun conversion devices from the list of dangerous weapons. For the 2025-26 state fiscal year, the bill appropriates $100,000 to the office of the governor for use by the office of information technology from funds received from the department of natural resources from the firearms training and safety course cash fund. The general assembly appropriated money to the department of revenue to implement House Bill 24-1353, concerning requirements to engage in the business of dealing in firearms. The act further appropriates unspent money from that appropriation to the department of revenue for expenditure until the close of the 2025-26 state fiscal year. (Note: This summary applies to this bill as enacted.)

The act permits Emily Griffith technical college (college) to offer an associate of applied science degree program (degree program) with approval from the state board for community colleges and occupational education (board). The degree program must include a registered apprenticeship program and certain transferable general education courses. In considering the college's request to offer a degree program, the board shall consider student and workforce demand, alignment with registered apprenticeship programs, cost-effectiveness for students and the state, and accreditation and licensing requirements. An approved degree program is eligible to receive federal "Carl D. Perkins Career and Technical Education Improvement Act" funds. (Note: This summary applies to this bill as enacted.)

The Timothy Montoya task force (task force): Analyzed the root causes of why a child or youth runs away from an out-of-home placement; Developed consistent, prompt, and effective responses to recover a missing child or youth; Addressed the safety and well-being of a child or youth upon the child's or youth's return to the out-of-home placement; and Made recommendations. The act implements the task force recommendations that focus on preventing a child or youth from running away from a residential child care facility (facility). The act requires the office of the child protection ombudsman (office) to conduct a statewide inventory survey (survey) of facilities to address: The physical infrastructure currently in place to deter children and youth from running away; and The physical infrastructure needed to deter children and youth from running away. The office shall consult with the department of human services to develop the survey. On or before July 1, 2026, the office shall submit a report to the health and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the survey. The act requires each facility, on or before July 1, 2026, to develop an efficient, well-structured, and trauma-informed policy that outlines how the facility responds to a child or youth who threatens or attempts to run away from care. The policy must include whether the facility uses physical restraints. Each facility shall provide a copy of the policy to the child or youth and the child's or youth's parent, legal guardian, or custodian during the child's or youth's intake at the facility. When a facility discovers that a child or youth is missing from its care, the facility shall notify the child's or youth's parent, legal guardian, or custodian and the guardian ad litem or counsel for youth within 4 hours after the discovery of the missing child or youth. If the facility cannot make initial contact with the child's or youth's parent, legal guardian, or custodian, the facility must make repeated efforts to notify the child's or youth's parent, legal guardian, or custodian. (Note: This summary applies to this bill as enacted.)

The act requires the public utilities commission (commission) to adopt rules requiring that, unless the applicable road authority is a local government, the total costs to maintain an existing railroad crossing (total costs) are shared equally between the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track (railroad) and the applicable road authority. If the applicable road authority is a local government, the commission must adopt rules that require the total costs to be apportioned as follows: The railroad is responsible for the costs to maintain the portion of the existing railroad crossing that is between the ends of the railroad ties; and The local government is responsible for the costs to maintain the portion of the existing railroad crossing that is outside of the ends of the railroad ties. The act applies to costs accrued on or after the effective date of the act unless the costs accrue pursuant to an agreement entered into by the parties before the effective date of the act, which agreement provides for the distribution of the costs to be shared between the parties. (Note: This summary applies to this bill as enacted.)

The prosecution fellowship program in the department of higher education provides money to the Colorado district attorneys' council (CDAC) to fund fellowships for persons who have recently graduated from a law school in Colorado to allow them to pursue careers as prosecutors in rural Colorado. The program, through a prosecution fellowship committee, places up to 6 fellows in rural district attorneys' offices throughout the state each year. The act changes the prosecutor fellowship program to provide fellowship funding to rural district attorneys' offices to recruit and hire new deputy district attorneys rather than selecting and placing fellows in rural district attorneys' offices. The selected offices then use the money to recruit and hire new district attorneys. The act requires the prosecution fellowship committee to determine which rural district attorneys' offices receive funding. On or before January 1, 2028, CDAC shall provide a report to the judiciary committees regarding the prosecutor fellowship program. (Note: This summary applies to this bill as enacted.)

Colorado statute states that a marriage is valid only if it is between one man and one woman. That provision has been unenforceable since the United States Supreme Court decision in Obergefell v. Hodges , 576 U.S. 644 (2015), in which the Court ruled that same-sex couples have a fundamental right to marry. The act repeals the provision.(Note: This summary applies to this bill as enacted.)

Current law authorizes public hospitals with fewer than 50 beds to enter into collaborative agreements with other hospitals or hospital affiliates to engage in activities to increase access to health care. The act changes the law to allow public and private, nonprofit hospitals that are not owned by or affiliated with a health system that is comprised of 3 or more hospitals to enter into collaborative agreements. (Note: This summary applies to this bill as enacted.)