Sen. Iman Jodeh

Senate Bill 26-016, enacted in 2026, prohibits a person from disposing of preproduction plastic materials at a location that does not have federal interim status, a federal permit granted pursuant to the federal 'Solid Waste Disposal Act', or a state permit for the treatment, storage, or disposal of hazardous waste at a hazardous waste site.     The act removes this prohibition and instead prohibits the disposal of preproduction plastic materials at a location that is not a solid wastes disposal site and facility with a certificate of designation.(Note: This summary applies to this bill as enacted.)

The act requires a volunteer lobbyist to register and file a registration statement attesting they are not being compensated. The act exempts volunteer lobbyists from registration fees.     The act provides that the judicial department may designate one individual for the judicial department and one individual for each independent agency in the judicial department who may lobby on behalf of the judicial department or an independent agency in the judicial department (judicial lobbyist). A person designated by a principal executive department to be responsible for lobbying a state official or employee on behalf of the department (legislative liaison), a judicial lobbyist, or an individual who lobbies on behalf of the offices of the governor or lieutenant governor as a member of the governor's cabinet or as a personal staff employee in the offices of the governor or the lieutenant governor (governor's lobbyist) must register with the secretary of state annually.     In addition to annually registering with the secretary of state, a legislative liaison, judicial lobbyist, or a governor's lobbyist must file a monthly disclosure statement with the secretary of state (disclosure statement). The act provides that a legislative liaison, judicial lobbyist, or a governor's lobbyist must indicate on the disclosure statement the bill number of any legislation for which they have lobbied or will lobby a covered official and their position regarding the legislation. The legislative liaison, judicial lobbyist, or a governor's lobbyist must update their position on the disclosure statement within 72 hours of a change in position.     The act prohibits a statewide elected official or member of the general assembly from being a legislative liaison or governor's lobbyist for a period of 2 years following vacation of office.     $91,000 is appropriated from the department of state cash fund to the department of state.(Note: This summary applies to this bill as enacted.)

If certain conditions are met, the act requires health benefit plans that provide hospital, surgical, or medical expense insurance to provide reimbursement for health-care services provided by a pharmacist that are within the pharmacist's scope of practice without entering into a collaborative pharmacy practice agreement. Similarly, under the medical assistance program (medicaid), the act authorizes reimbursement for services that are within a pharmacist's scope of practice and not duplicative of other pharmacist services or programs reimbursed by medicaid.     Further, solely on the basis of the type of license or certification, a health benefit plan or health insurance company (carrier) shall not discriminate against a pharmacist who is acting within the scope of the pharmacist's license or certification under state law, with respect to participation, referral, reimbursement of covered services, or indemnification, or prohibit a pharmacist from membership in a provider network; except that, in selecting pharmacist providers, the act does not:Prohibit a health benefit plan or carrier from including providers in its provider network only to the extent necessary to meet the needs of the plan or from limiting referrals or establishing quality control measures;Require a health benefit plan or carrier to contract with any provider willing to abide by the terms and conditions for participation established by the health benefit plan or carrier; orRequire coverage for any health-care service that is not otherwise covered.     The act makes changes to the definitions in the pharmacy practice statutes to include a definition for 'final product verification'. For drug, device, or product orders that are not for controlled substances, final product verification may be delegated by a supervising pharmacist to a certified pharmacy technician or pharmacy intern. A pharmacy or other outlet shall have a continuous quality assessment system in place to periodically verify the accuracy of the final drug, device, or product and must create a plan for final product verification, including how pharmacists' hours will be maintained to provide direct patient care. The state board of pharmacy is required to adopt rules relating to final product verification no later than December 31, 2026.     Under current law, a pharmacist may administer certain tests to patients who are 12 years old or older for certain conditions and prescribe drugs to treat the tested conditions. The act adds to the definition of the 'practice of pharmacy' independent prescriptive authority for drugs that are not controlled substances, drug categories, or devices that are prescribed to patients who are 5 years old or older but under 12 years old for conditions that do not require a new diagnosis, that are minor and self-limiting, or that have a test that guides diagnosis and are not medications that may only be prescribed pursuant to a certified education program and a limited distribution network. If a pharmacist tests or treats any patient who is under 18 years old, the act requires a pharmacist to notify the patient's primary care provider consistent with health-care privacy laws or, if the patient does not have or disclose a primary care provider, refer the patient to a primary care provider for further care.(Note: This summary applies to this bill as enacted.)

Under current law, the title board must set a ballot title for an initiative petition that is brief, does not conflict with another title for an initiative petition filed for the same election, and is in the form of a question that may be answered 'yes/for' or 'no/against' and that unambiguously states the principle of the provision sought to be added, amended, or repealed by the initiative. The act adds a requirement that the title board write a ballot title using accessible language, which means plain language that is understood by the widest possible audience. In determining whether a ballot title is written using accessible language, the title board may consider whether the title:Avoids using legal, technical, or specialized terminology when possible;Clearly identifies the principal change in law or policy proposed by the proposed statutory or constitutional amendment;Avoids unnecessary qualifiers, double negatives, and overly complex phrasing;Organizes clauses so that the effect of a 'yes/for' or 'no/against' vote is readily understood; andPresents necessary information within the ballot title in a logical and readable order.     In addition, current law requires that specific language appear in the ballot title for certain initiatives that increase or reduce tax revenue. For initiatives that reduce state tax revenue or local district property tax revenue through a tax change, this required language must appear at the beginning of the ballot title. For initiatives that increase tax revenue for any district through a tax change, this required language must appear directly after language required by the Taxpayer's Bill of Rights. The act modifies these statutory provisions so that the required ballot title language must only be substantially similar to the specific statutory language and may appear anywhere in the ballot title.     The act applies to initiative petitions submitted to the secretary of state for title setting on or after the effective date of the act.(Note: This summary applies to this bill as enacted.)

The act defines school zones as all roadways within at least 1,000 feet of a school property boundary, except state highways unless they are designated as part of a school zone with the written approval of the Colorado department of transportation, and including school zones established before August 12, 2026, that are 200 feet or more from a school property boundary. A school zone must have appropriate signs posted indicating it is a school zone and that the penalties and surcharges within the school zone will be doubled.     The act allows a local government that has jurisdiction over a school zone to reduce the size of a school zone after first holding a public hearing, but the act does not allow a school zone to be reduced to less than 200 feet from a school property boundary. Additionally, the act does not prohibit local governments from expanding school zones to beyond 1,000 feet from a school property boundary.     The act limits requirements the state, a county, a city and county, or a municipality must complete regarding placing and using an automated vehicle identification system along a safe route to school.     The act allows a local government to designate a portion of a roadway immediately adjacent to a school property boundary as a school street and requires the local government to post signs indicating it is a school street if the local government has jurisdiction to do so. The local government may close a school street to traffic. If there is traffic on the school street, the maximum speed limit is 10 miles per hour and vehicles must yield the right-of-way to pedestrians, bicyclists, or micromobility users. The local government may suspend additional traffic provisions on the school street that endanger pedestrians, bicyclists, or micromobility users.(Note: This summary applies to this bill as enacted.)

The act establishes a bill of rights for adults subject to guardianship (ward) and details what decisions a court may authorize a guardian to make on behalf of a ward.     The act updates the duties of a guardian to include a duty to notify the ward at least 30 days before the ward is permanently moved to a nursing home, mental health institution, or other facility that restricts the ward's ability to leave the facility or have visitors.     On or before November 1, 2027, and November 1, 2028, the act requires the state court administrator's office to submit a report detailing the fiscal impact of this act on the judicial department to the joint budget committee, the senate judiciary committee, and the house of representatives judiciary committee, or their successor committees, and requires the state court administrator's office to create the report using existing data sources.(Note: This summary applies to this bill as enacted.)

The act requires that an applicant for a building permit or a construction permit for a project with a total construction cost of more than $1 million (permit) file with the permitting agency, prior to commencing work under the permit, a signed declaration under penalty of perjury verifying that any person working under the permit maintains valid workers' compensation insurance coverage for the duration of the permit.     A person may file a complaint with the division of workers' compensation in the department of labor and employment alleging a person's workers' compensation insurance coverage is not in compliance with the state's workers' compensation laws.(Note: This summary applies to this bill as enacted.)

The act extends the implementation dates for capping family copayments for child care at 7% of family income, for paying child care providers in advance of the provision of services, and for utilizing grants and contracts to improve access to child care for underserved populations to August 1, 2028.     The act modifies existing reporting requirements to include the total amount of child care assistance program (CCCAP) allocation that is spent by the department and each county on administrative expenses, county indirect expenses, program implementation costs, and direct service expenses.(Note: This summary applies to this bill as enacted.)

The act defines a 'conversational artificial intelligence service' as an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications.     Effective January 1, 2027, the act creates requirements and prohibitions for a person, partnership, corporation, or entity that develops and makes publicly available a conversational artificial intelligence service or offers a conversational artificial intelligence service to a consumer (operator).     An operator is required to use commercially reasonable methods or generally accepted methods to estimate the age of a consumer who has or opens an account or profile to use a conversational artificial intelligence service (account holder) and the age of other users of a conversational artificial intelligence service. If an operator knows that an account holder or user is a minor, an operator is:Required to provide certain disclosures;Prohibited from providing the minor account holder or minor user with points or rewards to encourage engagement with the conversational artificial intelligence service;Required to institute technically feasible measures to prevent the conversational artificial intelligence service from producing explicit sexual conduct, intimate digital depictions, or statements that simulate emotional dependence;Required to implement a protocol for a conversational artificial intelligence service to stop engaging in response to a user prompt regarding sexual conduct with a minor; andRequired to provide tools for the minor account holder or minor user or a parent or guardian of the minor account holder or minor user to manage the minor account holder's or minor user's privacy and account settings.     The act also requires an operator to provide a disclosure to a user that a conversational artificial intelligence service is artificial intelligence, implement a protocol for user prompts regarding suicidal ideation or self-harm, and annually report to the attorney general's office information regarding the protocol the operator is implementing. The act prohibits an operator from stating that any output data provided by a conversational artificial intelligence service is provided by, endorsed by, or equivalent to services provided by certain licensed or certified professionals.     The act clarifies that nothing in the act limits an individual's ability to access certain information and resources pursuant to the state constitution, requires an operator to disclose confidential information, or authorizes content moderation practices inconsistent with the United States constitution.(Note: This summary applies to this bill as enacted.)

The act authorizes the secretary of state (secretary) to:Mark as void or remove from the system an entity filing and adjust the entity's status if an electronic payment for the entity filing fee is reversed or is not completed; andMark a business record with a notice that an entity has received a complaint or is under investigation without referring a complaint about the entity to the attorney general if the secretary receives a notice from the attorney general that the entity being listed as the registered agent was created or registered without authorization or for fraudulent purposes.     The act prohibits using a fraudulent entity as a registered agent in a business entity filing.     Colorado law provides an administrative process for determining if an entity filing is made fraudulently or otherwise violates the law when a complaint is made (violation). When a complaint is filed, the secretary may note on the entity's records a notice of the complaint and investigation. If such a determination is made, the entity filings may be canceled and the filers penalized. The procedures require the attorney general to notify the entity's registered agent. If the entity does not reply, the complaint is deemed to be conceded. The act:Authorizes the attorney general to provide written notice to any other point of contact that the attorney general determines through investigation to be a means to reach the entity, if the address of the registered agent is the same as the address of the complainant;Repeals a requirement that a second 21-day notice be mailed before the complaint is deemed to be conceded;Authorizes a person that is injured by a violation to bring an action to dissolve the entity; andAuthorizes the secretary to take certain actions against another entity that also uses the same fraudulent or unauthorized entity as its registered agent.     Under current law, actions to dissolve an entity must be brought in the district court for the county where the entity's principal office is located; if the entity has no principal office in this state, where the registered agent is located; or, if the entity has no registered agent, in Denver. The act authorizes the action to be brought in Denver when the dissolution is based on a fraudulent filing.     The act also sets up a procedure through which, if the secretary has a reasonable basis to believe that a record is fraudulent or unauthorized based on the response or failure to respond to an interrogatory, the secretary may:Mark the record with a notice that the record is unauthorized or fraudulent and declare the entity delinquent;Redact the unauthorized address or name from the record and from any other relevant records;Disable filing functionality on the entity's records; andProceed with administrative procedures.     A person aggrieved by any of these actions may request the secretary to reverse the actions taken. If the secretary denies the request, the aggrieved person may seek judicial review in Denver.     To implement the act, $193,954 is appropriated from the department of state cash fund to the department of state.(Note: This summary applies to this bill as enacted.)