Rep. Michael Carter

For property tax years commencing on or after January 1, 2027, the act makes it a petty offense for a person, in connection with nonresidential property, to certify the truth and accuracy of information provided to the assessor in connection with property valuation when the information is not true and accurate as to every material matter. The act also makes it a petty offense for a person, in connection with nonresidential property, to willfully aid or assist in filing information that is fraudulent or false in connection with property valuation. The act specifies the sentencing requirements for a person convicted of a petty offense pursuant to the act and authorizes the county attorney to file and prosecute any action arising under the act in the county court of the county in which the property is located. If a court of competent jurisdiction finds that a taxpayer committed a petty offense pursuant to the act, the property owner is not entitled to penalty interest earned on any tax refund; the board of assessment appeals does not have the authority to determine whether a taxpayer has forfeited this right.     Existing law requires a petitioner appealing either a valuation of rent-producing commercial real property to the board of assessment appeals or a denial of an abatement of taxes to the board of county commissioners to provide certain information to the board of equalization or to the board of county commissioners. The act requires the petitioner to provide information that is specific to the property at issue.      For property tax years commencing on or after January 1, 2027, the act allows a county to file a motion with the board of assessment appeals noting the county's preference that a case appealing a decision of the board of assessment appeals be heard in district court. The act allows the petitioner to elect whether the case will be heard by the board of assessment appeals or the district court.(Note: This summary applies to this bill as enacted.)

The act sets forth a process for a person in prison to petition within the next 3 years for resentencing and for a court to impose a new sentence if the petitioner is 60 years old or older at the time of filing the petition and has served at least 20 calendar years incarcerated for the offense. A person is not eligible to petition if the person is incarcerated as a result of conviction for a sex offense, human trafficking, an offense that resulted in a sentence to life imprisonment without the possibility of parole, an offense for which the victim was a child younger than 12 years old, or an offense against a first responder engaged in the performance of their duties.     At the hearing on the petition, the petitioner has the burden to show by a preponderance of the evidence that the petitioner no longer presents an identifiable danger to the safety of any person or the community and that there is good cause for the court to modify the sentence. Upon the court finding that the petitioner has met their burden, the petitioner is permitted to file a motion for reconsideration and reduction of the initial sentence pursuant to the Colorado rules of criminal procedure. At the hearing on the motion, the court shall determine and impose the appropriate sentence.     If a person in prison is not eligible for resentencing pursuant to the act, the district attorney's office that prosecuted the offense resulting in the conviction may petition the court requesting that the court grant post-conviction relief. If the district attorney's office petitions the court, the same procedures apply as if an eligible person petitioned.     The act appropriates $50,840 to the judicial department for use by the public defender and $50,326 to the department of corrections for use by community services, and reduces the appropriation in the annual general appropriation act for the 2026-27 state fiscal year to the department of corrections for payments to local jails by $168,980.(Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the Colorado office of policy, research, and regulatory reform in the department of regulatory agencies in its sunset review and report by continuing the regulation of hemodialysis clinics and technicians for 11 years, until September 1, 2037.(Note: This summary applies to this bill as enacted.)

Current law imposes a tax on the first sale or transfer of unprocessed retail marijuana at a rate of 15% of the average market rate of the unprocessed retail marijuana. The 'average market rate' is currently defined as the average price, as determined by the department of revenue (department), of all unprocessed retail marijuana that is sold or transferred from retail marijuana cultivation facilities in the state to retail marijuana product manufacturing facilities or retail marijuana stores.     The act specifies that 'outdoor unprocessed retail marijuana' is cultivated under natural sunlight and weather conditions without artificial light or structures, except under limited specified circumstances, and 'indoor unprocessed retail marijuana' is cultivated in any manner other than 'outdoor unprocessed retail marijuana.'     The act also amends the existing definition of 'average market rate' to require separate rates for fresh frozen indoor unprocessed retail marijuana and fresh frozen outdoor unprocessed retail marijuana. The act requires the department to adopt rules to establish the rates for fresh frozen indoor unprocessed retail marijuana and fresh frozen outdoor unprocessed retail marijuana on or before July 1, 2027. In addition, the existing definition of 'average market rate' requires that unprocessed retail marijuana for extractions have a separate average market rate that is lower than the rate for unprocessed retail marijuana for direct sale to consumers. The act maintains this requirement.     The act also requires the department to publish a general description of the methodology and data sources used to establish the rate for each average market rate category of unprocessed retail marijuana.(Note: This summary applies to this bill as enacted.)

The act requires an entity that requires an individual to provide a social security number for a background check for a non-employment-based educational opportunity to accept an individual's taxpayer identification number in lieu of a social security number, including in clinical educational experiences for health-related academic programs, subject to certain exceptions.     A licensed or certified hospital or covered school, or a state institution of higher education or local district college that offers a non-employment-based educational opportunity that involves work with a vulnerable population, shall accept either an applicant's taxpayer identification number or a fingerprint-based background check in lieu of a social security number.     An applicant for a non-employment-based educational opportunity that involves work with a vulnerable population at a licensed or certified hospital or covered school, or a state institution of higher education or local district college, is permitted to have their fingerprints taken by a local law enforcement agency or an entity approved by the Colorado bureau of investigation for taking fingerprints for the purpose of a background check. A licensed or certified hospital or covered school, or state institution of higher education or local district college, must determine who pays the fee for the fingerprint-based background check.     The attorney general is authorized to bring a civil action to enforce the provisions of the act. An entity that violates this act is subject to a civil penalty of $2,000 for the first violation and $5,000 for each subsequent violation.(Note: This summary applies to this bill as enacted.)

The act allows the joint technology committee (JTC), within 90 days after the day that the chief information security officer of the office of information technology (security officer) files a written information technology security compliance report (compliance report) with the JTC as required by the act, to vote to request that the legislative audit committee direct the state auditor to conduct a special information technology security audit (IT security audit) of the office of information technology (OIT) if the compliance report indicates that one or more audit recommendations made by the state auditor is unresolved 2 or more years past the implementation date for the audit recommendation or if a material discrepancy exists between a representation in the compliance report and a previous audit finding.     If the JTC votes to request an IT security audit and if the legislative audit committee votes to direct the audit, the act requires:The state auditor to conduct the IT security audit;The state auditor to obtain input from OIT when the state auditor determines the scope and boundaries of the audit;The state auditor to submit the IT security audit report to the legislative audit committee, the JTC, the joint budget committee, and the governor; andOIT to reimburse the state auditor for the auditor's costs incurred in completing the IT security audit.     The act requires OIT to establish, maintain, keep, update, and make available to state agency information technology leadership and the members of the JTC a list of all active information technology vendor contracts for state agencies.     The act specifies that, except in the case of an information technology security emergency, OIT shall not publish or implement a technical information technology standard, and that the standard is void, unless the standard:Was publicly posted; andReceived approval from the security officer if the standard relates to security, access controls, or the handling of data.     The act requires OIT to ensure that, if an information technology contract provides ongoing service and delivery to Coloradans, the contract maintains current architecture diagrams that are updated at least annually.     The act prohibits the chief information officer from delegating a duty, responsibility, or power of the security officer.     The act requires the security officer to submit 2 annual reports to the JTC. The first report is a written compliance report that includes OIT's current compliance status with applicable security standards; all open audit recommendations regarding OIT made by the state auditor and the date on which each recommendation was made; and a timeline for remediation and a mitigation plan or compensation controls for each open audit recommendation made by the state auditor.     The second report is a written statewide information technology security risk report (security risk report) that assesses the overall security risk posture of state agency information technology systems. To support the preparation of the security risk report, the security officer may conduct evaluations of state agency information technology systems, including penetration testing, vulnerability scanning, configuration evaluations, and vendor and system reviews. Each state agency shall provide to the security officer, upon request, the access and information necessary to conduct evaluations of state agency technology systems, including system access, product information, and architecture information.     The act requires the security officer, or the chief information officer if the security officer is unavailable, to perform the duties and uphold the responsibilities assigned to the security officer pursuant to law.(Note: This summary applies to this bill as enacted.)

The act addresses security measures for the legislative department and judicial department of state government, for the governor, and for certain elected officials and candidates for elected office.     Sections 1 through 4 and sections 6 and 7 of the act create the position of the administrator of legislative safety for the general assembly, address the authority of the Colorado state patrol (state patrol) in the state capitol buildings complex (capitol complex), and change the current position of chief security officer to the sergeant at arms. Specifically, section 1 authorizes the executive committee of the legislative council (executive committee) to, subject to available appropriations, appoint an administrator of legislative safety to serve as the primary point of contact for members of the general assembly on all matters relating to their personal safety and security and to coordinate, in collaboration with the Colorado state patrol, security and protection for members of the general assembly, employees of the general assembly, and other individuals specified by the executive committee (covered individuals). The administrator of legislative safety performs their duties under the direction and supervision of the executive committee and, with approval of the executive committee, may appoint additional personnel as necessary to perform the functions assigned to the administrator of legislative safety. In fulfilling their duties, the administrator of legislative safety shall coordinate with the Colorado state patrol and may coordinate with local law enforcement agencies and with the sergeants at arms of each house of the general assembly.     Sections 2 and 3 change the title of the chief security officer, which each house of the general assembly is authorized to appoint, to the sergeants at arms. Section 2 specifies that each house that appoints sergeants at arms may consult with the administrator of legislative safety in connection with the supervision of the sergeants at arms.     Section 4 specifies that the administrator of legislative safety is a peace officer whose authority includes enforcing all laws of the state and who may be certified by the P.O.S.T. board.     Section 5 specifies that the Colorado state patrol's jurisdiction includes law enforcement services for the governor's mansion.     Existing law requires the state patrol to provide protection for members of the general assembly when they are present in the capitol complex and, under certain circumstances, when they attend functions held elsewhere in the state. Section 6 includes other covered individuals under the state patrol's protection when they are present in the capitol complex. In addition, section 6 clarifies that the state patrol's jurisdiction includes law enforcement services for the capitol complex and requires the state patrol to coordinate its law enforcement efforts in the capitol complex with the administrator of legislative safety.     Existing law grants the city and county of Denver jurisdiction to enforce the laws of the state for the security of people and property in the capitol complex. Section 7 clarifies that this authority is in addition to the jurisdiction of the state patrol to enforce the laws of the state in the capitol complex.     Sections 8 through 10 address various other security concerns for certain elected officials. All candidate committees, political committees, small donor committees, and political parties are required to register with the secretary of state (secretary) or municipal clerk, as applicable, before accepting or making any campaign contributions. Registration requires the submission of a statement listing, among other items, a street address for the principal place of operations of the committee or party. Section 8 specifies that the address may be a street or mailing address.     The secretary is required to make all candidate disclosure statements filed with the secretary available to the public on the secretary's website. Section 9 requires the secretary to redact the candidate's address and other personal information before making a disclosure statement available on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information.     Existing law requires specified elected and appointed state officials to file a financial disclosure statement with the secretary that includes, among other items, the legal description of any interest in real property with a market value that exceeds $5,000. Section 10 eliminates the requirement to include a legal description of the property and replaces it with a requirement to identify the city and county in which the property is located. Section 10 also requires the secretary to redact the address and other personal information of elected officials before posting the disclosure statement on the secretary's website and allows the secretary to modify the disclosure form to eliminate the inclusion of personal information.     Section 11 requires a sheriff who provides security for a court to use the recommended standards developed by the judicial security task force created in the act to implement security measures for court facilities. The county sheriff shall, to the extent practicable, maintain one secure, single-point access to a court facility and use magnetometers when the court is in session. The county sheriff shall also verify that an individual who enters a courthouse with a firearm is not prohibited from carrying a firearm in a courthouse pursuant to existing law and maintain a log including specified information regarding each individual who enters a courthouse with a firearm; except that this verification and logging requirement does not apply to peace officers employed in the courthouse by the county sheriff.     Sections 12 through 14 modify the assessment and collection of the court security surcharge, and sections 15 and 16 address other judicial security concerns. Under existing law, courts assess and collect a $5 court security surcharge on certain court filing fees ($5 surcharge). The money from the $5 surcharge is deposited in the court security cash fund, which is distributed to counties through grants made by the court security cash fund commission for the counties to use for purposes related to the security of facilities containing a state court or probation office. Section 12 ends the assessment and collection of the $5 surcharge on June 30, 2027, and transfers the balance of the court security cash fund on August 31, 2027, to the court security authority (authority), which is created in the act. Section 13 repeals the $5 surcharge, the court security cash fund, and court security cash fund commission on September 1, 2027.     Section 14 creates the court security authority as a special purpose authority. Beginning on July 1, 2027, the authority imposes a $10 court security surcharge ($10 surcharge) on the same court filings on which the $5 surcharge was assessed and collected. The courts assess and collect the $10 surcharge and transmit the surcharge money to the authority and the authority is required to use the money from the surcharge to provide grants to counties for the same purposes for which grants from the $5 surcharge were made. The authority may also use money from the $10 surcharge to provide grants to the state court administrator's office for system-wide security needs. The act creates the court security authority board, which initially consists of the same members that comprised the court security cash fund commission and requires the board to award the grants based on specified criteria.     Section 15 creates a judicial security task force in the judicial department to develop recommended standards for security at courthouses and other court and probation facilities.     Existing law specifies that an individual commits retaliation against a judge if the individual makes a credible threat or commits an act of harassment, or an act of harm or injury upon a person or property as retaliation or retribution against a judge. Section 16 includes judicial employees in this law.     Existing law allows specified individuals, defined as 'protected persons', to request that state or local government officials remove their personal information from records that are available on the internet. Under existing law, it is unlawful to post a protected person's personal information on the internet in certain circumstances. In addition to other modifications to this law, section 17 adds judicial employees, staff of the general assembly, and elected officials to the definition of 'protected person'. Section 17 also establishes civil remedies for a protected person recoverable from a person who is not a state or local government official and who has published the protected person's personal information if the person does not remove the personal information upon request.     Section 18 prohibits a person from making the personal information of specified elected officials and an elected official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the elected official or the elected official's immediate family. Section 18 also allows an elected official to file a request with a state or local government official to redact the elected official's personal information from records that the state or local government official makes available on the internet. Certain specified parties may access, in certain circumstances, a record that includes information otherwise subject to redaction pursuant to this requirement.     Sections 19 through 25 repeal, from each applicable court filing fee, the $5 surcharge that is transmitted to the court security cash fund and implement, for each applicable court filing fee, the $10 surcharge that is transmitted to the authority.(Note: This summary applies to this bill as enacted.)

The act creates the Colorado behavior analyst licensing board (board) under the direction and supervision of the division of professions and occupations in the department of regulatory agencies. On and after July 1, 2028, an individual is prohibited from engaging in or offering the practice of applied behavior analysis unless the individual is licensed by the board. The board is authorized to license behavior analysts and assistant behavior analysts if they meet the requirements specified by the act and the rules adopted by the board pursuant to the act.     An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:File an application for a license;Have a valid certification in good standing with a certifying entity;Complete a fingerprint-based criminal history record check;Carry professional liability insurance in an amount determined by the board by rule unless working as a public employee covered under governmental immunity; andIf the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst and practice within the scope of practice established by rules of the board.     The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct. The board may also send a licensee a letter of admonition or a confidential letter of concern under certain circumstances.     The act exempts specified individuals from the licensing requirements established by the act.     An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the act and who is not exempted from licensure commits a class 2 misdemeanor.     The board may adopt rules as necessary to implement the act.     The regulation of behavior analysts and assistant behavior analysts is scheduled for repeal on September 1, 2031. Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law.     The act requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autism spectrum disorder or other conditions for which coverage may be available under state department policies. Subject to federal approval, the state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required by the state department to be certified by a certifying entity, but is not certified at the time of services, for services provided during one temporary period of not less than 45 days while the behavior technician is pursuing the certification if specified conditions are met.     The department of human services (department) is required to prescribe and publish standards for the licensing and regulation of applied behavior analysis clinics (clinics). The department is authorized to adopt rules concerning specific subjects related to standards for clinics. Clinics are required to comply with specified requirements regarding local government zoning regulations, licensing fees, and qualifications for employees of the clinics.     The act changes the definition of 'day treatment center' to 'day treatment facility' and requires that facilities that were not subject to the definition before the effective date of the act but that meet the amended definition submit an application for licensure by the department on or before August 1, 2026 , and become licensed before August 1, 2027.(Note: This summary applies to this bill as enacted.)

Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The act requires that the TNC:If the TNC has at least 20,000 rides occurring monthly (large-scale TNC) on its digital network, pay for the required criminal history record check for an individual before the individual is permitted to act as a driver;Procure a privately administered criminal history record check for a driver at least once every 6 months after the initial criminal history record check;Share the results of each criminal history record check with the driver who is the subject of the record check; andProcure a privately administered criminal history record check if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations. The TNC shall pay the costs of the privately administered criminal history record checks.     A TNC shall create a deactivation and suspension policy to initiate a review of a driver for deactivation within 7 business days if the TNC is notified through a complaint filed with the TNC or the commission or is contacted by the attorney general's office, a district attorney's office, or a law enforcement agency regarding certain allegations against the driver. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. The act requires the commission to create a process by rule for sharing information between TNCs regarding the deactivation of drivers. A TNC's deactivation and suspension policy must include meaningful human review of the permanent deactivation of a driver.     The act requires a TNC to provide regular safety training to each driver and rider in accordance with rules adopted by the commission.     If a person files a complaint against a TNC or a driver, the TNC shall respond to a subpoena or search warrant for information related to the complaint from a court, the attorney general's office, a district attorney's office, the commission, or a law enforcement agency no later than 72 hours after the request is made, unless the subpoenaing party agrees to a different deadline.     The act requires the commission to adopt rules on or before June 1, 2028, establishing requirements for a TNC to ensure that a driver or rider may opt in to audio and video recording of each prearranged ride and integrate audio and video recording into the TNC's digital platform. A large-scale TNC shall not charge a fee or increase the cost of a prearranged ride solely on the basis of a rider opting in to audio and video recording of the prearranged ride. The commission shall also adopt rules regarding access to, ownership of, storage of, notification about, and deadlines for the implementation of the audio and video recordings, including different requirements for large-scale and small-scale TNCs.     A provision in a contract between a TNC and a driver or rider is declared void as against public policy if the provision attempts or purports to waive specified rights.     The act requires that, on or before February 1, 2027, and on or before February 1 each year thereafter, a TNC shall submit specified data related to incidents involving safety and discrimination to the commission, the attorney general, and each member of the general assembly.     The act requires a TNC to develop policies to:Prevent imposter drivers, account sharing, and account renting;Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers;Prohibit the transportation of an unaccompanied youth who is under 15 years old unless the youth is part of a duly authorized family account;Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;Notify and train drivers and riders of any updates to TNC safety policies;Prohibit drivers from offering, selling, or providing food or beverages that are not factory-sealed to riders;Require drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; andPrevent crimes committed against drivers by riders.     A TNC is prohibited from:Altering the rating a rider assigned to a driver or the rating a driver assigned to a rider on a TNC's digital platform;Assigning an automatic or default driver rating that the rider did not assign; orAssigning an automatic or default rider rating that the driver did not assign.     A TNC may delete ratings or reviews that are plausibly motivated by fraud or bias. A TNC shall not consider negative ratings or reviews that are motivated by fraud or bias in a review of a driver for deactivation or an internal deactivation reconsideration.     A TNC is prohibited from collecting biometric data or biometric identifiers from a driver or rider without first obtaining the consent of the driver or rider. If a TNC collects biometric data or biometric identifiers from a driver or rider, the TNC shall comply with specified provisions of the 'Colorado Privacy Act' regarding biometric data and biometric identifiers.     A TNC that violates the act may be assessed a civil penalty of not more than $1,500 per violation.(Note: This summary applies to this bill as enacted.)

Current law requires a recovery residence operated in Colorado to be certified by a third-party certifying body, unless the recovery residence has been operating in Colorado for 30 or more years as of May 23, 2019.     Beginning July 1, 2027, the act requires a recovery residence to obtain a license from the behavioral health administration (BHA). The act sets forth application procedures and rules for minimum standards of operating a recovery residence. A recovery residence must report specified occurrences to the BHA, including occurrences that result in the death of or specified injury to a resident, involve abuse and neglect of a resident, involve misappropriation of a resident's property, or in which a resident's drugs are diverted for use by another person. Recovery residence licensing is subject to sunset review prior to its repeal in 2033.(Note: This summary applies to this bill as enacted.)