Sen. Dylan Roberts

For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult.     The act creates new rights for a victim under the 'Victim Rights Act', including the right to:Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held;Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; andBe heard at a restitution assessment hearing.(Note: This summary applies to this bill as enacted.)

The act:Authorizes the health insurance affordability enterprise (enterprise), on or after January 1, 2027, to issue revenue bonds of up to $100 million to fund enterprise programs, secured by the enterprise's revenues, and require the enterprise to pay bond obligations before allocating revenues for enterprise programs;Allows the enterprise to invest specified money in the health insurance affordability cash fund (cash fund) without regard to otherwise applicable requirements for such investments and to contract with private professional fund managers to advise on investment strategies;Modifies the allocation of enterprise revenue among authorized purposes and allows the enterprise to reallocate unexpended amounts for specified purposes;Directs the enterprise to require qualified individuals who are enrolled in state-subsidized individual health coverage plans eligible for subsidies from the enterprise to pay premiums established in rules adopted by the commissioner, in consultation with the health insurance affordability board (board);Requires the enterprise to adjust the statewide average premium reduction under the reinsurance program to 18% and to reduce the amount of bonds issued to account for the reduced costs for the reinsurance program;Directs the board, in recommending parameters for implementing subsidies for state-subsidized individual health coverage plans, to recommend coverage that prioritizes enrollment stability and customer predictability; when seeking input on its recommendations regarding plans, coverage, and the number of eligible slots, to enable feedback in at least English and Spanish and in other languages upon request; and to indicate how it incorporated such feedback into its final recommendations;Directs the enterprise to conduct or contract a third party to conduct a study to evaluate the feasibility of restructuring the enterprise programs to increase health insurance affordability and maximize enrollment in health insurance plans;Requires the enterprise to submit 3 written reports and make one in-person presentation to the joint budget committee each year regarding the status of the cash fund and, as part of its in-person presentation in January 2027, to provide an analysis of the effects of changing the statewide average premium reduction under the reinsurance program to 15% and of creating a tiered, income-based, structure for premium assistance for individuals who purchase insurance on the Colorado health benefit exchange (exchange);Repeals the tax credit for contributions to the exchange and replaces it with a tax credit for contributions to the enterprise; andDirects the state treasurer to transfer $40 million from the marijuana tax cash fund to the cash fund by June 30, 2026, reduces to $60 million the designation of money in the marijuana tax cash fund as the state emergency reserve for the 2025-26 and 2026-27 state fiscal years, and increases by $40 million the value of the capitol annex building for purposes of the state emergency reserve for the 2025-26 and 2026-27 state fiscal years.(Note: This summary applies to this bill as enacted.)

To improve the clarity and certainty of the statutes, the bill amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes.(Note: This summary applies to this bill as enacted.)

On January 20, 2026, as part of its reporting duties pursuant to the 'State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act', or 'SMART Act', the department of law (DOL) submitted to the house of representatives and senate judiciary committees a report entitled 'Department of Law: 2026 Legislative Priorities' (DOL report). The DOL report recommended that the general assembly make various changes to laws concerning the powers and duties of the attorney general and the DOL.     The act implements recommendations from the DOL report as follows:     Recommendation 1 of the report is to allow the DOL to enter into interagency agreements with certain state agencies to improve data sharing and coordination. Section 14 of the act implements this recommendation.     Recommendation 2 is to amend the 'Colorado Consumer Protection Act' (CCPA) to allow the DOL to enforce as an unfair or deceptive trade practice the knowing or reckless practice of a profession or occupation despite failing to attain the qualifications required by law. Section 9 implements this recommendation.     Recommendation 3 is to require the DOL to regularly review its administrative rules to ensure they are meeting certain objectives. Section 95 implements this recommendation.     Recommendation 4 is to amend the DOL's subpoena authority in pattern-and-practice investigations of government authorities so that it aligns with the DOL's subpoena authority in investigating alleged violations of the CCPA. Section 96 implements this recommendation.     Recommendation 6 is to allow the DOL to notify the joint budget committee if an introduced bill poses a new or increased risk of litigation that may result in a significant impact to the state budget and to enter into an executive session with the joint budget committee to discuss the matter. Sections 1, 94, and 95 implement this recommendation.     Recommendation 7 is to provide sunset reviews of existing title and degree protections under the CCPA. Sections 19 and 97 implement this recommendation.     Recommendation 9 is to codify certain principles of a recent settlement of litigation involving the National Association of Realtors in order to maintain transparency and prevent anticompetitive practices in the real estate market. Sections 87 and 88 implement this recommendation.     Recommendation 10 is to establish certain advisory councils within the DOL. Sections 2, 6, 15, and 34 implement this recommendation.     Recommendation 11 is to clarify that the scope of a recently enacted cap on medical debt interest applies only to direct medical costs. Section 5 addresses this recommendation.     Recommendation 12 is to consolidate overlapping violations within the CCPA. Sections 7, 8, 9, 10, 11, 12, 13, 23, 24, 26, 27, 88, 90 through 92, 99, 100, 102, 104, and 105 implement this recommendation.     Recommendation 13 is to make certain changes to the membership and reporting duties of the state substance abuse trend and response task force. Section 93 implements this recommendation.     Recommendation 14 is to strengthen disclosure requirements concerning developer contract cancellation clauses in real estate purchase contracts by requiring a broker to advise a consumer to seek legal advice before executing a purchase contract if the broker is representing a consumer in a transaction for which a principal to the transaction, including a home builder, a bank, or a buyer, requires the consumer to use a purchase contract created by the principal. Section 89 implements this recommendation.     Recommendation 15 is to make nonsubstantive and nontechnical updates to statutory provisions involving the DOL's performance of its duties, including updates to gendered language. Sections 3, 4, 7, 9, 10, 11, 16, 17, 18, 21, 22, 24 through 27, 29 through 33, 35 through 86, and 101 implement this recommendation.     Recommendation 16 is to authorize the DOL to recover and reinvest costs associated with the enforcement of the 'Colorado Medicaid False Claims Act'. Sections 98 and 103 implement this recommendation.     The final recommendation is to establish a new procurement framework for the DOL to allow it to meet its demands and fulfill its statutory duties. Section 95 implements this recommendation.(Note: This summary applies to this bill as enacted.)

Section 2 of the act repeals a requirement that health-care profession regulators adopt rules that require each licensed health-care provider, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle in order to demonstrate competency regarding topics related to prescribing drugs and treatment.     Section 3 authorizes the Colorado dental board to adopt rules that require every dentist, dental therapist, and dental hygienist, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle regarding topics related to prescribing drugs and treatment.     Section 4 requires a licensed veterinarian to complete at least 1 hour of training per renewal period regarding topics related to prescribing drugs and treatment.     Section 5 changes the frequency at which specific health-care facilities are required to apply for a license issued by the department of public health and environment from annually to every 2 years.     Under current law, a health-care facility is required to screen each uninsured patient for eligibility for public health insurance programs and discounted care (screening) utilizing a single uniform application developed by the department of health care policy and financing (state department). Sections 6 through 11 change this requirement by:Changing the method used to conduct the screening from a uniform application to use of a third-party resource, such as a major credit bureau, or use of a uniform screening questionnaire (questionnaire) developed by the state department;Allowing a health-care facility the option of screening a patient for eligibility for the health-care facility's financial assistance program;Requiring a health-care facility to provide specified notifications upon completion of the screening;Creating an application for discounted care (application) for use by a health-care facility upon completion of the screening through which additional information is requested from a patient to determine whether the patient qualifies or is likely to qualify for public health-care coverage or discounted care;Requiring a health-care facility to provide specified notice and appeal rights to a patient upon completion and review of the application; andRequiring the state department to adopt rules regarding the questionnaire and application.     Section 11 also narrows state department review requirements of health-care facilities' and licensed health-care professionals' billing for patients who are indigent. The act prohibits the state department from making changes to regulatory documents or imposing new requirements unless the changes or new requirements are adopted by rule by specified dates and are subject to stakeholder engagement.     Section 12 requires the state department to establish by rule the content and format of the information each hospital must provide to the state department for a hospital transparency report at least 30 days prior to the hospital's fiscal year. The act changes the deadline for a hospital to submit to the state department an annual audited financial statement from 120 days to 150 days after the end of the hospital's fiscal year. Current law requires that each hospital has a minimum of 15 days to review the hospital transparency report; the act specifies that the review period is 15 business days and requires that a statewide hospital association must also have a minimum of 15 business days to review the report.(Note: This summary applies to this bill as enacted.)

The act establishes and clarifies financial protections for mobile home park residents. The act requires a landlord of a mobile home park to notify residents when the landlord is temporarily prohibited from increasing rent.     Under current law, a landlord is required to send notice to residents when the landlord intends to sell the mobile home park. The act adds to the information that must be included in the notice that the landlord sends to residents of the park to include a statement that the landlord must provide additional information and documentation to a home owner upon request by the home owner, including:The basis of the purchase price, such as aggregate rental data, rent projections, and recent appraisals of the property;Disclosure of the age of major infrastructure in the mobile home park;Documentation of any infrastructure inspections, maintenance, and repair services from the previous 3 years;The most up-to-date rent roll and any documentation related to rents, charges, outstanding balances, and the vacancy rate; andThe operating expenses and income for the park from the previous 3 years.     The act requires that, for a potential sale of a mobile home park that is a portfolio sale including real property or structures located outside of the mobile home park, the price, terms, or conditions of the proposed sale, including for the real property or structures located outside of the park, must be made available to the home owners of the park, even if the home owners submit an offer to purchase only the park.     The act requires the landlord and any potential buyer to conduct the sale of the mobile home park at arms-length and in good faith. The act establishes certain parameters related to the registration fee that must be paid by a landlord of a mobile home park and limits the amount that the landlord may charge each resident to cover the registration fee at $17.(Note: This summary applies to this bill as enacted.)

The act provides that, if the action is undertaken in accordance with applicable federal and state law:A licensed person may compound a drug or device in the state;A state-licensed pharmacy or a distribution facility registered with the federal food and drug administration (licensed 503B outsourcing facility) may supply a compounded drug or device to a licensed health-care provider, pharmacy, facility, or organization; andA licensed health-care provider, pharmacy, facility, or organization may obtain, dispense, or administer a compounded drug or device supplied by a state-licensed pharmacy or a licensed 503B outsourcing facility.     In addition, the act prohibits the state board of pharmacy from adopting rules that are more restrictive than federal or state law regarding the compounding of drugs or devices by licensed 503B outsourcing facilities.     Current law exempts drugs that are intended solely for investigational use by experts qualified by scientific training and experience and that are plainly labeled for investigational use only from the sales and delivery prohibition for new drugs. The act also exempts from the prohibition:Drugs that are reviewed by an institutional review board and plainly labeled for investigational use only; andCompounded drugs and devices if the compounding of the drug or device is undertaken in accordance with applicable federal and state law.(Note: This summary applies to this bill as enacted.)

The act authorizes the communication services for people with disabilities enterprise board (board), in consultation with the division for the deaf, hard of hearing, and deafblind (division), to enter into a contract with a third-party researcher on or before July 1, 2027, to study sign language interpretation services for the deaf, hard of hearing, and deafblind community in the state. If the board enters into a contract with a third-party researcher, the act establishes certain interview, data-collection, and comparative research requirements for the study and requires the third-party researcher to report its findings, conclusions, and recommendations to the board and the division on or before July 1, 2028.(Note: This summary applies to this bill as enacted.)

The act defines 'first responder' to include:A peace officer;A firefighter;A volunteer firefighter;An emergency medical service provider; orA mental health professional who responds in a professional capacity to a justifiable medical emergency.     Existing law requires the emergency medical and trauma services advisory council (council) to review and approve new rules and modifications to rules prior to the adoption of such rules or modifications by the state board of health. The act requires the council to make recommendations for, instead of approve, rules and modifications to rules concerning emergency medical and trauma services prior to the adoption of such rules or modifications by the state board of health.     Beginning January 1, 2027, the act requires the department of health care policy and financing (state department) to reimburse the following entities under the 'Colorado Medical Assistance Act':An ambulance service for ground transportation by an ambulance or other vehicle to a hospital or other destination as deemed appropriate by the ambulance service's medical director;An ambulance service for treatment on the scene of a medical emergency, which treatment does not result in ground transportation; andA qualified provider, an ambulance service, or an agency for evaluation by telemedicine of a person being treated by an ambulance service or an agency for the purpose of preventing the need to transport the person to a hospital.(Note: This summary applies to this bill as enacted.)

The act requires an investor-owned utility (utility) to establish a percentage-of-income payment plan program (PIPP program) to assist income-qualified residential utility customers with utility costs. An income-qualified utility customer is eligible for the PIPP program if the customer meets the income eligibility criteria, lives in the service area of the utility, and either submits an application to the utility or is referred by another income-eligible assistance program offered by the department of human services, the Colorado energy office, or another energy assistance program approved by the public utilities commission (commission). A utility must approve or deny a customer's application for participation in the PIPP program within 30 days.     The utility bill for a customer enrolled in a utility's PIPP program is capped at a specific percentage of the customer's household income, typically ranging from 2% to 6% of the customer's household income depending on the heating source provided and the size of the utility. The difference between a customer's actual utility bill and their PIPP program bill is covered by a fixed credit, which can be an up-front annual credit or an equal monthly credit to the customer's utility bill. The act also establishes arrearage credits for customers in the PIPP program, which are applied to eliminate a customer's preexisting debt prior to the customer's enrollment in the PIPP program.     A utility's PIPP program is funded through a 'PIPP charge' itemized on all customer bills. The amount of the PIPP charge is established by the commission by rule for the utility. A utility must submit an annual report related to the utility's PIPP program to the commission. The report must include the following information:The PIPP charge revenue collected by the utility;Any amount contributed to the PIPP program by the utility from shareholder profits;A calculation of administrative costs associated with implementing and administering the PIPP program;The amount of fixed monthly or annual credits provided to customers in the utility's PIPP program; andThe amount of arrearage credits provided to customers in the PIPP program.      The act exempts products fueled by propane and products used exclusively for installation in manufactured homes from emissions standards adopted by the Colorado department of public health and environment related to heating and water heating appliances until January 1, 2031.     The act extends the deadline by which money in the 'Infrastructure Investment and Jobs Act' cash fund may be appropriated from July 1, 2028, until July 1, 2031.(Note: This summary applies to this bill as enacted.)