Sen. Dylan Roberts

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.)

The act prohibits an individual or entity from selling, offering or advertising for sale or adoption, bartering, or giving away a pet animal that, at the time of transfer, is physically located at or on any public street, highway, right-of-way, parkway, median strip, park, recreation area, outdoor market, parking lot, or other public space. Pet animal facilities licensed under the "Pet Animal Care and Facilities Act" are exempted from the prohibition, as are sales of livestock. In addition, pet animal owners, breeders, handlers, or trainers are exempted while transporting a pet animal to or from or exhibiting or competing at an event that is licensed, regulated, or sanctioned by a nationally recognized registering organization. The act also exempts hunting dogs that are bred or trained for lawful hunting. The act clarifies that nothing precludes a statutory or home rule town, city, county, or city and county from regulating the transfer of pet animals in public spaces. An individual or entity that violates the prohibition commits a class 2 misdemeanor. (Note: This summary applies to this bill as enacted.)

The act creates a voluntary procedure by which an individual may elect to contribute a portion of their state income tax refund as a donation to the animal protection fund (fund). For the income tax years immediately following the year in which the executive director of the department of revenue (department) files written certification with the revisor of statutes that a line on the income tax return form has become available and that the animal protection fund voluntary contribution (contribution) is next in the queue established pursuant to statute, the executive director of the department shall ensure that the Colorado state individual income tax return form contains a line by which each individual taxpayer may designate the amount of the contribution, if any, that the individual wishes to make to the fund. Money in the fund is continuously appropriated to the department of agriculture. Unlike many other types of permitted voluntary contributions, the contribution is not subject to sunset review and is not subject to repeal if the contribution generates no more than $50,000 during the period between January 1 and September 1 of a tax year. The act requires the department to determine annually the total amount donated through the contribution and report that amount to the state treasurer and to the general assembly. The state treasurer shall credit that amount to the fund. All interest derived from the deposit and investment of money in the fund is credited to the fund. The general assembly shall appropriate annually from the fund to the department its costs of administering money designated as contributions to the fund. For the 2025-26 state fiscal year, the act appropriates $11,606 from the fund to the department for the implementation of the act. (Note: This summary applies to this bill as enacted.)

The act consolidates damages provisions for individuals with disabilities who experience discrimination in places of public accommodation or a violation of their civil rights with the general protections under the "Colorado Anti-Discrimination Act" (CADA) for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA are a court order requiring compliance with the applicable section of CADA, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and a defendant is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if the defendant corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. A defendant that cannot correct the violation in 30 days but shows good faith effort to correct the violation may be allowed up to 3 additional 30-day periods to correct the violation and be entitled to the 50% reduction of the cap on a noneconomic loss or injury award. Additionally, for discriminatory advertising in violation of CADA and as an alternative to seeking redress from the Colorado civil rights commission, a person aggrieved by such violation may bring a civil action and, upon a finding of a violation, is entitled to a court order requiring compliance with the section of CADA prohibiting discriminatory advertising, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and if a defendant is a small business, it is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if it corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. The act adds the provision of a recommendation letter signed by an individual's treating medical professional recommending testing accommodations as a method for an individual with a disability to demonstrate the need for a testing accommodation on a licensing exam. The act appropriates $100,305 from the legal services cash fund to the department of law to implement the act. (Note: This summary applies to this bill as enacted.)

In the 2024 regular legislative session, the general assembly enacted Senate Bill 24-005, concerning the conservation of water in the state through the prohibition of certain landscaping practices, which: Prohibits a local entity, on and after January 1, 2026, from installing, planting, or placing, or allowing any person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable property within the local entity's jurisdiction; and Requires a local entity, on or before January 1, 2026, to enact or amend its laws regulating new development projects and redevelopment projects on applicable property in accordance with the new requirements. The act expands the definition of "applicable property" to include a multifamily residential housing premises property that includes more than 12 dwelling units (applicable residential real property). The act prohibits a local entity, on and after January 1, 2028, from installing, planting, or placing, or allowing a person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable properties that include multifamily residential housing premises property. The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects to regulate the installation of nonfunctional turf and include consideration of applicable residential real property. The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects within the local entity's jurisdiction to regulate the installation of turf to reduce irrigation water demand for all residential real property that is not applicable residential real property. Local entities must also regulate the installation of turf when enacting or amending its laws on and after January 1, 2028, to reduce irrigation water demand for all residential real property that is not applicable residential real property. (Note: This summary applies to this bill as enacted.)

The act establishes a definition of "mobile food establishment" to mean a retail food establishment that is operated from a vehicle, can change location, and is intended to operate from a commissary kitchen. The act establishes a reciprocal food safety license between the city and county of Denver (Denver) and other local governments throughout the state. The department of public health and environment (CDPHE) issues a statewide health department license (state license) based on the state health code to mobile food establishments that is valid in all local government jurisdictions throughout the state except for Denver. Denver issues a Denver-specific retail food license (Denver license) to mobile food establishments that is based on Denver's health code and that is only valid within Denver's jurisdiction. The act establishes reciprocity between these two licenses so that the state license is valid in Denver and the Denver license is valid across the state. The act requires the owner or operator of a mobile food establishment that wishes to take advantage of this reciprocity to provide a copy of either their Denver license or the state license to the local government in which they intend to operate or to Denver at least 14 days in advance of when they intend to operate. When a mobile food establishment is operating in a local government jurisdiction, including Denver's jurisdiction, the mobile food establishment must comply with all laws of the local government and is subject to inspection and enforcement by the local government. For a mobile food establishment with a state license that intends to operate in Denver, the mobile food establishment must submit certain documentation including, if requested, a summary of any violations within the previous calendar year related to the license or the operation of the mobile food establishment. The act also establishes that a fire safety permit that has been issued to a mobile food establishment by a local government is valid in any other local government jurisdiction if the fire safety permit was issued: By a local government that has adopted the most recent international fire code or a fire code that has incorporated the minimum standards for mobile food establishments developed by the division of fire prevention and control; and After completing an inspection by a certified fire inspector. The act requires that a mobile food establishment send a copy of the fire safety permit to the local government in which they intend to operate at least 14 days in advance of operation. While operating in a local government's jurisdiction, the mobile food establishment must comply with that local government's fire safety code and is subject to inspection and enforcement by the local government. The act authorizes the division of fire prevention and control to adopt minimum codes and standards for the operation of mobile retail food establishments for use by local governments. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)

The act continues the department of agriculture's (department) oversight of the "Commodity Handler and Farm Products Act" for 7 years, until 2032. The act also increases the limit for qualifying as a "small-volume dealer" from $20,000 of farm products or commodities purchased per year to $45,000. The act permits the commissioner of agriculture (commissioner) to periodically adjust the small volume dealer limit. The act explicitly excludes marijuana from the definition of "commodity" under the "Commodity Handler and Farm Products Act". Under current law, civil penalties collected by the department are deposited into the inspection and consumer services cash fund (fund). The act requires those civil penalties to be transferred to the general fund rather than the department's fund. Under current law, a dealer or commodity handler must file a bond or irrevocable letter of credit (bond or credit) with the commissioner. The bond or credit is intended to cover any claims of injury submitted by a producer or owner against the dealer or commodity handler. The act prohibits a producer or owner from submitting a claim and collecting reimbursement from the bond or credit if the producer or owner is also the owner of at least 5% of the voting shares of the dealer or commodity handler or the dealer's or commodity handler's parent company. (Note: This summary applies to this bill as enacted.)

The act extends the availability of the advanced industry investment tax credit (credit), which can be claimed by a qualified investor that makes a qualified investment in a qualified small business that is in an advanced industry, from December 31, 2026, through December 31, 2031. The act expands the definition of "qualified investment" by eliminating prohibitions against a qualified investor having more than 30% of the voting power in a qualified small business before the investor makes a qualified investment in the qualified small business and more than 49% of the voting power in a qualified small business after making a qualified investment in the qualified small business. The act changes the definition of "qualified investor" by clarifying that an entity subject to income tax may qualify as an investor; except that a C corporation, including any limited liability or other legal entity treated as a C corporation for federal and state income tax purposes, is not a qualified investor. A qualified investor may include a partner, shareholder, or beneficiary that is allocated a credit, but does not include: A person that had control of a qualified small business for 6 months preceding or following the date of the investment in the qualified small business; A founder, employee, or contractor or a spouse of a founder, employee, or contractor of a qualified small business; A person that has invested more than $50,000 in the qualified small business or owns more than 10% of the qualified small business on a fully diluted basis. The act authorizes the Colorado office of economic development (office), which administers the credit, to certify a small business as a qualified small business through October 1, 2031. A small business certified as a qualified small business must report to the office as requested to confirm the certified small business's status as a qualified small business. The office may require a qualified small business to provide information to confirm that a qualified investment has been made in the qualified small business, the intended use of the qualified investment, and the expected number of new employees that will be hired by the qualified small business as a result of the qualified investment. A qualified small business that receives a qualified investment is required to report data relevant to the impact of the credit and development of the qualified small business annually to the office for 5 years following a qualified investment. The office may assess a penalty against a qualified small business that does not meet this reporting requirement. The office may issue $4 million in credits per calendar year for the years through the 2026 calendar year for which the credit is currently available. The act decreases the cap to $2.5 million per calendar year beginning with the 2027 calendar year through the 2031 calendar year. If the qualified investor receiving a credit is a trust, the qualified investor may allocate the credit between the trust and its beneficiaries in any manner determined by the trust. The office shall issue a credit certificate to a trust beneficiary and a trust beneficiary may claim the amount indicated on the credit certificate. (Note: This summary applies to this bill as enacted.)

Under current law, life care institutions provide life and health support services to resident seniors who reside at the life care institution through the help of independent living arrangements, assisted living, or skilled nursing. The act allows life care institutions to provide community-based continuing care services to seniors in their homes and other services that benefit individuals who are awaiting admission to a life care institution. (Note: This summary applies to this bill as enacted.)

The act allows, but does not require, an eligible patient to request from a manufacturer the manufacturer's individualized investigational drug, biological product, or device, which is a drug, biological product, or device that is unique and produced exclusively for use by an individual patient based on the patient's own genetic profile. The manufacturer must be operating within an institution that operates under federal rules for the protection of human subjects. An eligible patient is an individual who has: A life-threatening or severely debilitating illness, as attested to by the patient's treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Received a recommendation from the patient's treating physician; Given written, informed consent for the use of the individualized investigational drug, biological product, or device; and Documentation from the treating physician that the individual meets the definition of "eligible patient". The act authorizes, but does not require, a manufacturer to make the individualized investigational drug, biological product, or device available to an eligible patient at no charge, but the manufacturer may require payment to cover the cost. If any harm is caused to the eligible patient resulting from the use of the individualized investigational drug, biological product, or device, a private right of action cannot be brought against the manufacturer or against any other individual or entity involved in the care of the eligible patient with regard to the eligible patient's use of the individualized investigational drug, biological product, or device, so long as the manufacturer, individual, or entity complied with the law and exercised reasonable care. The act prohibits disciplinary action against a health-care provider's license based on the health-care provider's recommendations regarding the use of the individualized investigational drug, biological product, or device. The act does not affect a health-care insurer's obligation under current law relating to coverage for an insured's participation in a clinical trial. (Note: This summary applies to this bill as enacted.)