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The act exempts Colorado courts' e-filing system from the requirement that users certify that they will not disclose personal identifying information obtained from the system for federal immigration enforcement. The act authorizes a public health agency to inspect or examine a facility that houses or detains individuals who are noncitizens for purposes of civil immigration proceedings. Under current law, the department of public health and environment is authorized to inspect facilities that house or detain individuals who are noncitizens for purposes of civil immigration proceedings. The act expands the inspection authority, including the frequency of inspections and things that are subject to inspection. A facility that refuses to allow the inspection is subject to a civil penalty. The department of public health and environment is authorized to set fees for inspections and deposit the money from the fees in the immigration facility inspection and detention cash fund, which is created in the state treasury. The act authorizes the department of public health and environment to require facilities that house or detain individuals who are noncitizens for purposes of civil immigration proceedings to comply with requirements, including health and safety standards and reporting requirements. A facility that fails to comply is subject to a civil penalty. The act requires the department of public health and environment to submit an annual report to the attorney general concerning facilities' compliance with these new requirements and make the report publicly available on its website. The act requires the P.O.S.T. board to establish training standards related to peace officer compliance with current laws concerning civil immigration detainers. P.O.S.T.-certified peace officers must complete the training before December 31, 2027. The act requires the attorney general to develop and make publicly available a policy regarding current laws concerning the protection of personal identifying information. The act appropriates $107,283 to the department of public health and environment from the immigration facility inspection and detention cash fund.(Note: This summary applies to this bill as enacted.)
Contingent upon voter approval at the November 2026 general election of a proposed initiative to amend the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation (proposed initiative), from January 1, 2027, through July 1, 2030, the act reduces:The excise tax on gasoline from $0.22 per gallon to $0.14 per gallon;The excise tax on special fuel from $0.205 per gallon to $0.13 per gallon; Certain vehicle registration fees, including late fees; andThe road usage fees from $0.06 per gallon to $0.04 per gallon and then, beginning in state fiscal year 2027-28, as necessary to offset the amount of state revenue diverted to transportation uses as the result of the proposed initiative. The act creates the support road transportation fund (fund) contingent upon voter approval of the proposed initiative. The fund consists of state revenue dedicated to road transportation by the proposed initiative. Money in the fund is used to replace certain transportation-related general fund transfers for payments for the financed purchase of assets or certificate of participation agreements, and to replace certain general fund transfers to the state highway fund. The money remaining in the fund after making these transfers is allocated as follows:60% is paid to the state highway fund;23% is paid to counties for certain transportation expenses; and17% is paid to cities and incorporated towns for certain transportation expenses. The act clarifies that state revenue collected to support road transportation, as defined in the proposed initiative, does not include enterprise fee revenue. The act creates the road enterprise to complete preventive maintenance, repair, rehabilitation, and reconstruction projects to improve the condition of the roadway surface of the state highway system. The road enterprise is authorized to impose fees for oversize and overweight vehicles and longer vehicle combinations. The creation of the road enterprise is not contingent upon voter approval of the proposed initiative. Contingent upon the proposed initiative being withdrawn or not submitted for the November 2026 general election, the act creates the transportation funding working group to evaluate and make recommendations to the general assembly, the transportation commission, and the governor concerning funding state and local surface transportation maintenance, repair, capacity, and safety. Lastly, the act reduces the July 1, 2026, transfer from the general fund to the state highway fund from approximately $50 million to $500,000.(Note: This summary applies to this bill as enacted.)
The act limits the benefits pregnant women and children with a certain family household income and citizen or immigration status are eligible for under the state medical assistance program and the medical assistance program. Eligible pregnant women and children are subject to the following limitations on benefits:Beginning July 1, 2026, there is an annual cap on dental services in the amount of $1,100;Beginning January 1, 2027, behavioral health services offered must be provided on a fee-for-service basis only;Beginning January 1, 2027, services offered through the accountable care collaborative are no longer covered; andBeginning January 1, 2027, managed care services through the medical assistance program are no longer covered. Beginning January 1, 2027, children under 19 years old whose family household income does not exceed 260% of the federal poverty line, adjusted for family size, and who are not eligible for the medical assistance program due to their immigration status, are not eligible for home- and community-based services, community first choice, long-term home health, private duty nursing, hospice care, and nursing home care unless those children already receive those services on or before December 31, 2026. Beginning January 1, 2027, the act caps enrollment of children in the state medical assistance program at 25,000 children if either enrollment exceeds 25,000 or the expenditures for a fiscal quarter exceeds one-quarter of the appropriation for state medical assistance plus 5% to account for seasonality fluctuations. If one of the conditions is met, the enrollment cap begins on the first day of the month following 60 days after the department of health care policy and financing (state department) determines that the condition was met. The act repeals provisions requiring the state department to develop an outreach and enrollment strategy for enrolling eligible groups into new coverage options and repeals the state children's basic health plan. The act appropriates $3,378,166 from the general fund to the state department to implement the act and reduces appropriations to the state department by $14,202,723 if certain conditions are met.(Note: This summary applies to this bill as enacted.)
Under current law, the general fund reserve requirement is equal to 15% of the amount appropriated for expenditure from the general fund for that fiscal year minus:The difference between $100,000,000 and the proceeds of the sale of insurance premium and corporate tax credits that are credited to the health insurance affordability cash fund; andUnless money held in an escrow account in connection with the university of northern Colorado's college of osteopathic medicine is released, an additional $41,250,000. The act lowers the reserve requirement to 13% for state fiscal years 2025-26 and 2026-27 and then raises it back to 15% for state fiscal years 2027-28 and later.(Note: This summary applies to this bill as enacted.)
The act clarifies an existing requirement for the criminal conviction of a property owner by requiring that one or more criminal charges be brought as a prerequisite to any nuisance abatement or forfeiture proceeding. Existing law provides an exception to the conviction requirement for noninnocent owners who are not subject to criminal charges that no criminal conviction is necessary of the nonowner criminal defendant if the plaintiff proves its case by clear and convincing evidence that the property subject to the forfeiture proceeding is traceable proceeds of the charged offense or related criminal activity. The act clarifies this exception to first require a conviction of the nonowner criminal defendant before the noninnocent owner's property may be forfeited, while retaining other various exceptions that allow forfeiture actions to proceed against the interest of a claimant. The act establishes a right for indigent civil asset forfeiture defendants to access forfeiture defense counsel and creates a procedure for the appointment of forfeiture defense counsel in nuisance abatement and forfeiture proceedings. The state court administrator shall enter into a contract for services with a private contractor who regularly provides legal services for indigent clients or litigants to provide a legal defense to a civil asset forfeiture proceeding. The private contractor is subject to certain reporting requirements. The act creates a forfeiture defense counsel fund (fund) to pay for contracted forfeiture defense counsel who are authorized to represent persons against whom a nuisance abatement or forfeiture proceeding has been filed in connection with criminal charges. The fund is capped at $500,000, and starting in state fiscal year 2027-28, no general fund money is allowed to finance the fund. The balance of the fund over $500,000 is credited to the law enforcement community services grant program fund. The act transfers any unexpended and unencumbered money from the law enforcement community services grant program fund to the forfeiture counsel defense fund. The act alters the disposition of property and proceeds ordered forfeited in a nuisance abatement or forfeiture action. Currently, forfeited property and proceeds are applied first toward restitution and cost recovery for a list of stakeholders, and of the remainder, 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the local behavioral health administrative services organization, and 25% is granted to the law enforcement community services grant program fund. The act amends the disposition of the remainder so that 50% is granted to the local governmental body with authority over the seizing agency, 25% is granted to the fund, and 25% is granted to the local behavioral health administrative services organization. The act appropriates $556,750 to the judicial department from the fund for civil asset forfeiture defense contracting and $55,000 to the department of local affairs from the fund for civil asset forfeiture portal administration.(Note: This summary applies to this bill as enacted.)
The act updates the 'Uniform Antitrust Pre-Merger Notification Act' (act) with amendments to the act adopted by the Uniform Law Commission by:Defining 'Uniform Antitrust Pre-Merger Notification Act' for purposes of the act;Requiring the filing of a Hart-Scott-Rodino form with the Colorado attorney general (AG) within one business day after filing with the federal government (rather than contemporaneously);Requiring the AG to provide a secure means to accept and store materials they receive under the act;When receiving information from the attorney general of another state that has also enacted the act, requiring the AG to provide assurances to the other attorney general that the AG will maintain the confidentiality of the documents or information they receive;Requiring the AG to destroy or return the materials submitted to them within 120 days after the close of the transaction subject to disclosure under the act or the conclusion of any legal proceeding directly related to the transaction subject to disclosure under the act, whichever is later; andRequiring the AG to provide written notice and a 3-day period to cure before imposing civil penalties against a person for noncompliance with the Hart-Scott-Rodino form filing requirements.(Note: This summary applies to this bill as enacted.)
The state private activity bond program funds privately developed projects by allowing the state and its political subdivisions to issue tax-exempt private activity bonds. The federal internal revenue code limits the total amount of tax-exempt private activity bonds that a state and its political subdivisions may issue each year by imposing a private activity bond ceiling (state ceiling). Existing law specifies a formula to allocate the ability to issue tax-exempt private activity bonds up to the state ceiling and initially allocates 50% of these bonds among several state issuing authorities through direct allocations as determined by the department of local affairs (department). On September 15 each year, with a few exceptions, each state issuing authority is required to relinquish unused portions of its direct allocation which is then further allocated pursuant to law. The Colorado agricultural development authority is one of the state issuing authorities to which the department may allocate a portion of the state ceiling. The act changes the date on which the Colorado agricultural development authority is required to relinquish the unused portion of its direct allocation from September 15 to November 15 each year.(Note: This summary applies to this bill as enacted.)
Pursuant to existing law, when an administering state agency awards a grant to a nonprofit organization (grantee), the grantee is generally required to access the grant award by applying for the reimbursement of costs incurred in completing the activity for which the administering state agency awarded the grant. Notwithstanding any provision of law to the contrary, the act allows an administering state agency to advance a payment to a grantee only for a state-funded grant subject to certain requirements. The administering state agency shall:Have an existing process or develop a new process that is approved by the state controller to dispense an advance payment;Disclose the availability of advance payment in any notice of a grant funding opportunity, grant solicitation, request for applications, or other announcement issued to prospective grantees;Ensure that any advance payment to a grantee is the minimum amount needed to achieve the outcome of actual, immediate cash requirements of the grantee in carrying out the grant objective; and Use the office of the state controller's risk assessment tool to determine whether a grantee is high, medium, or low risk and allow advance payment only to a grantee that is determined to be low risk. An administering state agency may modify the considerations in the risk assessment tool depending on the specific situation. The grantee shall:Provide an itemized budget to the administering state agency for the eligible costs that the advance payment will cover, the indirect or other costs that the grantee needs to operate, a spending timeline, and a workplan developed as specified by the administering state agency;Submit documentation to support the need for advance payment; If required by the administering state agency and stipulated within the grant agreement, obtain insurance in an amount commensurate with the assessed risk determined by the administering state agency ;Establish procedures to minimize the amount of time that elapses between the transfer of money and the expenditure of the money by the grantee;Provide a progress report to the administering state agency following the expenditure of an advance payment; andDisclose certain internal controls to the administering state agency. The grantee shall propose the minimum amount needed to achieve the grant objective and the controller of the administering state agency shall review and determine whether to accept the amount or propose an alternative amount. The controller of the administering state agency shall forward advance payment requests to the state controller for approval. A grantee shall return to the administering state agency all unused money provided as an advance payment but not expended within the grant agreement timeline. A grantee that is paid a percentage of the total value of the payments under a grant agreement immediately upon executing the grant agreement must comply with all of the reporting requirements specified in the grant agreement. If an administering state agency or the office of the state controller denies a grantee's request for advance payment, the administering state agency shall provide the grantee with a written explanation of the deficiencies in the application for advance payment that determined the decision to deny the request. The administering state agency shall make the elements and results of the risk assessment available to the grantee. The act does not prevent an administering state agency, in providing advance payment to a grantee, from using a waiver process available through fiscal rules adopted by the state controller or rules adopted by a federal governmental entity to dispense a percentage of the total value of the payments under the grant agreement to the grantee immediately upon executing or renewing the grant agreement. Nothing in the act limits, prohibits, or supersedes any existing payment or grant-making authority or powers of a state agency. For the 2026-27 state fiscal year, the act appropriates $34,146 from the general fund to the department of personnel for use by the division of accounts and control to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires the department of health care policy and financing, in coordination with the department of human services and the department of early childhood (state departments), to contract with a single county department of human or social services to administer a centralized member integrity service to conduct fraud investigations concerning eligibility for medicaid, the children's basic health plan, the supplemental nutrition assistance program, the Colorado child care assistance program, temporary assistance for needy families, and adult financial programs (public assistance programs), and benefit overpayments. The act creates the centralized member integrity service cash fund consisting of money recouped from member fraud investigations. The centralized member integrity service must be operational and utilized on July 1, 2027. On or before February 1, 2027, the act requires the state departments to establish aligned requirements for county departments of human or social services (county departments) to comply with through a performance-based contract established between the state departments and each county department. Prior to February 1, 2027, the state departments shall draft templates of the performance-based contract with the county departments for review and comment. On or before July 1, 2027, the state departments shall enter into a performance-based contract with each county department. The performance-based contract must establish requirements for the state departments and county departments to comply with in administering public assistance programs and establish corrective action protocols that are consistently utilized by the state departments. On or before September 1, 2026, the act requires the state departments to work together, and in consultation with the county departments, to establish a continuous quality improvement process to review data reported to the state departments by the county departments. The state departments must annually submit a report to the joint budget committee that includes an update on the continuous quality improvement process and data on the impact of the continuous quality improvement process. Beginning January 2027, and monthly thereafter, the state departments must establish a single, shared online dashboard used to publish county-level and statewide performance data for the public assistance programs on a monthly basis. This data must be published on each of the state department's website's in a publicly accessible format. Beginning July 1, 2028, the state departments must oversee a streamlined public benefits delivery model that consists of up to 12 cohorts of counties in the state that will coordinate public assistance program eligibility and distribute case processing work. The state departments shall enter into performance-based contracts with each cohort for administering a new public benefits delivery model to ensure public assistance programs are administered consistently and uniformly across the state. On or before July 1, 2026, the state departments must contract with a third-party contractor to help the state departments and county departments develop and implement a plan for transitioning to the new public benefits delivery model. The act establishes an implementation work group comprised of representatives of counties, the governor's office, the state departments, and nongovernmental organizations, to work with the third-party contractor to develop and implement the transition plan. The transition plan must be delivered to the joint budget committee by January 1, 2027. The act establishes the state cross-departmental policy alignment team to align the policies of the public assistance programs to improve service delivery and outcomes for recipients of public assistance benefits. The act makes a household eligible for fuel assistance payments if the household has not received low-income energy assistance program assistance in the previous 12 months and if it is eligible for the standard utility allowance under federal law. The act requires the department of health care policy and financing to certify to the department of revenue information regarding persons who are obligated to the state for overpayment of medicaid benefits and sets forth the process for distributing money withheld from a person's tax refund owed for overpayment of benefits. To implement the act, it includes appropriations from the general fund and various cash funds to the department of health care policy and financing, the department of human services, and the department of early childhood. The act appropriates money to the office of the governor for use by the office of information technology and to the department of law from reappropriated money received by other departments. The act decreases the appropriation from the federal child care development funds made in the annual general appropriation act for the 2026-27 state fiscal year to the department of early childhood for intrastate child care assistance program redistribution by $222,598.(Note: This summary applies to this bill as enacted.)
The act requires the division of labor standards and statistics (division) in the department of labor and employment (CDLE), on or before January 15, 2027, to begin collecting data concerning temperature-related injury or illness or temperature-related emergencies at worksites and to:Develop a platform on CDLE's website where users can provide information about occurrences of temperature-related injury or illness or temperature-related emergencies;Obtain from the department of public health and environment (CDPHE) data that CDPHE has collected through its syndromic surveillance program regarding occurrences of heat-related injury or illness or heat-related emergencies; andCollect similar data from the division of workers' compensation and the Center for Improving Value in Health Care. On or before July 1, 2028, the act requires the division to develop a model temperature-related injury and illness prevention plan (TRIIPP) that thereafter must be made available on CDLE's website. Additionally, the act requires the division to review and update the model TRIIPP at least every 5 years and grants the division authority to adopt rules necessary to implement the act. $76,651 is appropriated from the general fund to the department for use by the division.(Note: This summary applies to this bill as enacted.)
If a driver is involved in a collision resulting in death or suspected serious bodily injury, the act requires, with certain exceptions, a law enforcement officer (officer) to offer the driver the opportunity to voluntarily submit to a preliminary alcohol screening test (test) of the driver's breath after the officer advises the driver that they may refuse or agree to provide a sample for the test. If an officer is unable to administer a test because the testing device malfunctions or is unable to produce a valid result, or because the testing device is unavailable due to extenuating circumstances or circumstances beyond the officer's control, the officer is required to document on a required incident report concerning the collision that the test could not be administered and the reason why it could not be administered. The act appropriates $90,000 from the parks and outdoor recreation cash fund and $30,000 from the wildlife cash fund to the department of natural resources for use by the division of Colorado parks and wildlife to implement the act.(Note: This summary applies to this bill as enacted.)
Under current law, the state treasurer is required to transfer $10.5 million from the general fund to the multimodal transportation and mitigation options fund every July 1 beginning on July 1, 2024, and ending on July 1, 2031. The act eliminates this annual transfer only for 2026, 2027, and 2028. The act decreases the cash funds appropriation from the multimodal transportation and mitigation options fund created in the annual general appropriation act for the 2026-27 state fiscal year made to the department of transportation for multimodal transportation projects by $10.5 million.(Note: This summary applies to this bill as enacted.)