The act requires the state auditor to conduct or cause to be conducted performance audits (audits) of the air pollution control division in the department of public health and environment and the division of unemployment insurance in the department of labor and employment (divisions). The audits will determine whether each of the divisions effectively and efficiently performs and fulfills its statutory obligations. In addition, as part of the audits, the state auditor is required to: Determine whether a division complies with statute and its statutory purpose; Assess the impact of a division's processes on providing access to program benefits and, for the labor and employment division audit only, identify any division processes that may be unnecessary, unreasonable, or cause delays; Determine whether a division's staffing and funding levels are sufficient for it to efficiently and effectively perform its statutory duties and responsibilities, which, in for the air pollution control division audit only, must include assessment of how funding or staffing changes made at the state level might impact local governments; and Determine whether a division requested and was appropriated additional resources and whether the approval or denial of such a request impacted program implementation and timing of implementation. The initial audit of the air pollution control division must begin and be completed in calendar year 2026, with an additional audit occurring in calendar year 2031. The initial audit of the division of unemployment insurance must begin and be completed in calendar year 2027, with an additional audit occurring in calendar year 2032. Upon completion of an audit, the state auditor is required to submit a written audit report to the legislative audit committee. (Note: This summary applies to this bill as enacted.)
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The act incorporates the federal "Uniform Code of Military Justice" (federal code) into the "Colorado Code of Military Justice" (state code), including specifically the punitive articles and general article of the federal code, which describe punishable offenses, and the statute of limitations that applies to charges brought pursuant to the state code. The act repeals sections of the state code that are duplicative of the incorporated federal code. Additionally, the act: Applies the state code to a member of the state military forces (member) at all times, except when the member is ordered to active federal service pursuant to title 10 of the United States Code; Clarifies a commanding officer's authority to impose nonjudicial punishment under the state code; Makes changes to the procedures that govern courts-martial, the punitive authority of courts-martial, and the review of the decisions of courts-martial; and If concurrent civilian and military jurisdiction exists over the same offense and a district attorney has filed felony charges against a member for the offense, requires the state military forces to defer felony prosecution of the member to the district attorney.(Note: This summary applies to this bill as enacted.)
The act creates an exception to the requirement that a member of the Colorado state patrol be bonded by a surety company or insured with third-party crime insurance if the Colorado state patrol is self-insured with the Colorado state office of risk management and is eligible to be compensated from the state self-insured property fund. (Note: This summary applies to this bill as enacted.)
The act requires an online marketplace to alert a law enforcement agency if the online marketplace knows or should have known that a third-party seller is selling or attempting to sell stolen goods to a consumer in Colorado, unless the online marketplace has received a notice from the law enforcement agency that the same third-party seller is suspected of selling or attempting to sell the same stolen goods on the online marketplace to a consumer in Colorado. An online marketplace is required to establish: A mechanism that allows the online marketplace to timely and confidentially communicate with a law enforcement agency; and Internal policies, systems, and staff to monitor product listings to detect and prevent organized retail crime.(Note: This summary applies to this bill as enacted.)
Colorado law allows a local government to establish local minimum wages in excess of the statewide minimum wage established in the state constitution. A local government that enacts a minimum wage must provide a tip offset for tipped employees in an amount equal to the tip offset amount described in the state constitution, which is $3.02. The act states that on and after January 1, 2026, a local government that has enacted a code or an ordinance imposing a minimum wage that exceeds the state minimum wage may increase the amount of the tip offset associated with the local minimum wage; except that a local government shall not impose a tip offset in an amount that allows a tipped employee to earn less than the state minimum wage minus $3.02. (Note: This summary applies to this bill as enacted.)
The act makes it a deceptive trade practice under the "Colorado Consumer Protection Act" for a person who consults with, advises, or assists a veteran in connection with a claim for veterans' benefits (veterans' benefits matter) to: Receive compensation in excess of the lesser of $9,200 or 25% of the amount of any past-due benefits the veteran actually receives after the person procures an increase in the veteran's monthly benefits; Receive compensation in connection with a claim filed prior to a veteran's release from active duty or within the one-year period following a veteran's release from active duty; Guarantee a successful outcome in a veterans' benefits matter; Fail to memorialize the payment terms and certain disclosures in a written, signed contract; Omit certain disclosures from advertising or make false representations about accreditation; Fail to take various security measures related to veterans' personal information; or Provide services in connection with an appeal or review of the veterans administration's initial decision in a veterans' benefits matter, unless the service provider is accredited by the veterans administration. The act requires the attorney general or district attorney to transmit any civil penalty collected for a violation of the veterans' benefits matter provisions to the state treasurer for deposit in the Colorado state veterans trust fund. (Note: This summary applies to this bill as enacted.)
If a service member's driver's license expires while they are serving on active duty outside of Colorado, the driver's license expiration date is extended for 3 years or until 90 days after the service member returns to the state. The act designates the service member's dependents as also subject to the extension of their driver's license expiration date. (Note: This summary applies to this bill as enacted.)
At the November 2024 statewide election, voters approved proposition 130, which requires the state to provide $350 million in additional funding to local law enforcement agencies to improve recruitment, training, and retention of local law enforcement officers and to provide a $1 million death benefit to the family of a first responder who is killed in the line of duty. The act modifies and implements proposition 130. The act creates the peace officer training and support fund (fund), and establishes a formula by which the department of public safety (department) disburses $350 million in additional funding to local law enforcement agencies from the fund for permissible purposes. Permissible purposes include initial and continuing education and training for peace officers and the compensation of peace officers. Beginning July 1, 2026, the formula requires the department to disburse an amount to each law enforcement agency equal to the total of $15,000 and an amount multiplied by the number of P.O.S.T-certified officers, noncertified deputy sheriffs, and detention officers budgeted by a local government for the law enforcement agency. Law enforcement agencies and local governments may not use these funds to supplant or supplement other spending. Local governments must include evidence of compliance with the no supplanting or supplementing requirement in their annual audit and provide a copy of this audit to the department. The department must review a subset of the audits provided by local governments for compliance with the requirements of the act. The act also establishes funding for the fund. First, the act directs the state treasurer to transfer $15 million from the general fund to the fund on July 1, 2026. Second, the act directs the state treasurer to issue warrants from the general fund totaling $500 million to the public employees' retirement association (PERA) between July 1, 2025, and September 30, 2025. Beginning July 1, 2027, until the state treasurer has transferred a total of $350 million from the general fund to the fund: The amount of each annual direct distribution made by the state to PERA is reduced by the amount of PERA's earnings from the $500 million, up to a maximum of $35 million; and The state treasurer annually transfers an amount equal to the amount of PERA's earnings from the $500 million, up to a maximum of $35 million, from the general fund to the fund. However, beginning July 1, 2027, and each July 1 thereafter until the state treasurer has transferred a total of $350 million from the general fund to the fund, the state treasurer is required to transfer at least $15 million from the general fund to the fund regardless of the amount of PERA's earnings from the $500 million. The general assembly may annually appropriate to the department no more than 2.5% of the amount that the state treasurer annually transfers from the general fund to the fund for the department's direct and indirect costs of administering the distribution of money from the fund. The act clarifies that the $500 million in the warrants that the state treasurer issues to PERA are included in the general fund reserve. Accordingly, the act prohibits a future general assembly from lowering the general fund reserve to an amount less than $1 billion. If the general assembly does so reduce the reserve, the general assembly shall also make corresponding reductions to the direct distributions made by the state to PERA. The act also requires the governor to adjust general fund expenditures so that they do not result in the general fund reserve being reduced to an amount less than $1 billion. The act establishes a process by which the department distributes a $1 million death benefit to the family of a first responder who dies on or after November 5, 2024, as either the direct and proximate result of a personal injury sustained while performing official duties as a first responder or because of an occupational disease arising out of and in the course of the first responder's employment or service as a first responder. These payments are paid out of the death benefit fund, which is created in the act. The act requires the state treasurer to transfer $5 million from the general fund to the death benefit fund on both July 1, 2026, and July 1, 2027, and to make annual transfers from the general fund thereafter as necessary to ensure that the fund maintains a balance of $10 million. The act also requires a survivor of an eligible first responder to deduct an amount equal to the amount of any death benefit received from their federal taxable income for the purpose of determining their state income tax liability unless the survivor qualifies for a corresponding federal income tax deduction. The act also requires the department to provide technical assistance to law enforcement agencies and local governments in complying with the requirements of the act and allows the executive director of the department to adopt rules as necessary to implement the act. For the 2025-26 fiscal year, $5,046,967 is appropriated from the death benefit fund to the department for implementation of the death benefit program. (Note: This summary applies to this bill as enacted.)
In current law, the sentencing structure for theft, except for auto theft, is based on the value of the item stolen. The act exempts theft of firearms from that sentencing structure and makes theft of a firearm a class 6 felony, regardless of the firearm's value. The act appropriates $324,225 from the general fund to the judicial department to implement the act. (Note: This summary applies to this bill as enacted.)
The act adds species that appear in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Appendix I) to the wildlife covered under Colorado's wildlife trafficking and wildlife possession laws. The act clarifies that species listed on Colorado's endangered and threatened species list or the endangered and threatened species list pursuant to the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq. (federal act) are also covered under Colorado's wildlife possession and wildlife trafficking laws. The act establishes penalties for violating wildlife trafficking laws. A person who violates wildlife trafficking laws commits a class 1 misdemeanor; except that: If a person violates wildlife trafficking laws and the aggregate value of the wildlife involved is more than $1,000 but less than $10,000, the person commits a class 5 felony; If a person is convicted of trafficking wildlife and the wildlife involved is an endangered species or threatened species under Colorado law or the federal act or is a species that appears in CITES Appendix I, the person commits a class 4 felony; or If a person violates wildlife trafficking laws and the aggregate value of the wildlife involved is more than $10,000, the person commits a class 4 felony. The act grants the parks and wildlife commission (commission) in the department of natural resources (department) authority to suspend wildlife licenses held by a person convicted of a violation of wildlife trafficking laws. The act clarifies that the division of parks and wildlife (division) in the department has the authority to pursue a civil action against an individual to recover the possession or value of wildlife that was unlawfully taken and the minimum value that the division may recover for certain animals that are on the federal endangered and threatened species lists. The act requires the division to conduct investigations and surveys to collect information and data related to wildlife trafficking and determine appropriate conservation, management, and law enforcement measures based on those investigations and surveys. The general assembly is required to appropriate sufficient money to implement the act from the wildlife cash fund; except that money from the sale of hunting and fishing licenses in the wildlife cash fund must not be used for these purposes. (Note: This summary applies to this bill as enacted.)