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 requires the division of homeland security and emergency management (division) in the department of public safety to create and implement a state preparedness goal and system to improve state and community preparedness and responses to threats to Colorado. The division will perform other duties to support homeland security initiatives, including consolidating and coordinating homeland security-related training, education, and professional development; coordinating and updating homeland security and critical infrastructure protection plans; administering state and federal grants; and coordinating all-hazard public risk communication products. The act designates the office of emergency management (office) as the primary state agency responsible for coordinating disaster recovery, planning, training, exercise, and integration of the state recovery annex within the state emergency operations plan and reorganizes the office by:Moving the auxiliary communications unit from the office to the office of public safety communications in the division;Creating the state recovery task force within the office to coordinate disaster recovery efforts within the state, among other duties;Transferring certain duties and responsibilities related to the state's preparation for, and response to, security threats from the office of preparedness in the division to the office and repealing the office of preparedness. Information related to disaster survivors is exempt from public disclosure, subject to certain exceptions. The act repeals the requirement for the state controller to report to the joint budget committee about the expenditure of federal funds for costs associated with a disaster. Application requirements for the Colorado nonprofit security grant program are relaxed during exigent circumstances. The act changes the composition of state advisory boards related to homeland security and cybersecurity, including the homeland security and all-hazards senior advisory committee and the Colorado cybersecurity council. The act moves the Colorado commission of Indian affairs to the newly established office of tribal and American Indian and Alaska Native affairs in the office of the lieutenant governor and limits the terms of the at-large members of the commission. The office of tribal and American Indian and Alaska Native affairs is tasked with coordinating with the office of emergency management during emergencies, as appropriate.(Note: This summary applies to this bill as enacted.)

The bill defines a "consumer-regulated electric utility" as an electric generation and supply system constructed for the sole purpose of serving new industrial, commercial, data center, or other nonresidential loads not previously served by a provider of retail electric service.The bill states that a consumer-regulated electric utility is not a public utility and is not subject to regulation by the public utilities commission (commission), unless the consumer-regulated electric utility elects to interconnect with the electric grid in a service territory of a public utility that is subject to regulation by the commission.A consumer-regulated electric utility may construct and operate a facility within an existing public right-of-way, subject to applicable permitting, restoration, and public safety requirements.(Note: This summary applies to this bill as introduced.)

Under current law, persons licensed to practice medicine in Colorado may form professional service corporations for the practice of medicine. The articles of incorporation for these corporations must reflect and comply with certain requirements, including the requirement that all shareholders of the corporation be individuals who are licensed by the Colorado medical board to practice medicine and who own their shares in their own right (ownership requirement). A licensed physician assistant may be a shareholder, but one or more physician assistants may not own a majority of the corporation. Section 1 of the bill specifies that one or more physician assistants licensed by the Colorado medical board may own a majority of a corporation organized solely for the purpose of providing medical-aesthetic services.The bill codifies a new exception to the ownership requirement. Section 2 establishes that, if a corporation is organized solely for the purpose of providing medical-aesthetic services, the following individuals may be a shareholder of that corporation, if the individual holds an active license issued by their profession's respective licensing body in Colorado:An esthetician;A cosmetologist;A practical nurse;A registered nurse;An advanced practice registered nurse; orA physician assistant.Current statute defines "medical-aesthetic services" as therapeutic procedures used in aesthetics. This definition applies to the corporations recognized in the exception to the ownership requirement codified by the bill.(Note: This summary applies to this bill as introduced.)

Beginning on July 1, 2026, the bill directs state-level permit fees and supplemental surcharges for oversize and overweight vehicles and longer vehicle combinations to the freight cash fund (fund), which is newly created in the office of freight mobility and safety (office) in the transportation development division of the department of transportation (department). The fund is appropriated for use by the office for the following main purposes:For funding freight-related projects; andTo support the office in functions related to freight projects, movement, and infrastructure, including the administrative costs of the office.In funding freight-related projects from the fund, the office is required to attempt to direct money in a manner that is proportional to the amount of freight routes and the impact of freight traffic in the affected community or region of the state.The office may also use money in the fund to create and maintain a centralized online permitting system for oversize permits, overweight permits, and other types of freight or transport permits issued by the department, the Colorado state patrol, or any local government. The centralized permitting system must allow a person to apply for and be issued all necessary state and local permits for a route in a single transaction and pay for all associated permit fees and surcharges for that route in a single transaction. By September 1, 2027, the office is required to conduct a feasibility study relating to the centralized permitting system and must report to the transportation legislation review committee during the 2027 legislative interim on the completed feasibility study and any progress toward implementing the centralized permitting system. The office is required to implement the centralized permitting system by July 1, 2029, either by creating a new online permitting system or by modifying an existing online permitting system.(Note: This summary applies to this bill as introduced.)

The act requires an operator of a social media platform (operator) to ensure that its social media platform provides a streamlined process to allow law enforcement agencies to contact the social media platform. The process must be available to law enforcement agencies at all times and make available a staffed hotline for the purposes of:Receiving and responding to questions about search warrants;Acknowledging the receipt of a search warrant within 8 hours after receipt; andProviding status updates on search warrant compliance to a requesting law enforcement agency. With certain exceptions, an operator must comply with a search warrant within 24 hours if certain conditions apply. A court may reasonably extend this time if the court makes a written finding that the operator or social media platform has shown good cause for the extension and that an extension would not cause an adverse result. The act sets forth enforcement options for the attorney general and district attorneys regarding operators' compliance with search warrants. The act requires an operator to report to a social media platform user's (user's) local law enforcement agency within 24 hours if the operator's social media platform takes any one of certain described adverse actions against a user. A violation of the reporting requirement is a violation of the 'Colorado Consumer Protection Act'. In current law, 'social media platform' is defined as an internet-based service, website, or application that satisfies certain criteria, including having more than 100,000 active users in Colorado. The act removes this criterion. The act makes conforming amendments as necessary to Senate Bill 26-011, as enacted in the 2026 regular legislative session, to have Senate Bill 26-011 conform with the provisions of the act.(Note: This summary applies to this bill as enacted.)

The bill defines "noncompliant state agency" with respect to the implementation date for an audit recommendation and requires the legislative audit committee (committee) to determine, by majority vote, whether or not a noncompliant state agency has made a good faith effort to comply with an audit recommendation by the implementation date. If the committee determines that the noncompliant state agency has made a good faith effort, the committee may accept an extended implementation date provided by the noncompliant state agency. If the committee determines there has not been a good faith effort, the committee may direct the state auditor to notify the state controller of the noncompliant state agency. The bill also requires the state controller to, upon receipt of notice from the state auditor, restrict, in an amount equal to 3% of the total amount of the noncompliant state agency's general fund appropriations, the noncompliant state agency's appropriations for the fiscal year following the fiscal year in which the state controller receives the notice from the state auditor. This restriction may only be released if the general assembly enacts a bill to do so, or if the committee directs the state auditor to notify the state controller to rescind the restriction. (Note: This summary applies to this bill as introduced.)

The act makes changes to death-care-related practices, including changes to:The practices of professionals licensed and establishments registered pursuant to the 'Mortuary Science Code';The licensure options for professionals seeking licensure pursuant to the 'Mortuary Science Code', including the inclusion of an associate license option;The powers and duties of the director of the division of professions and occupations in connection with regulating professionals licensed and establishments registered pursuant to the 'Mortuary Science Code';The provisions concerning nontransplant tissue banks and the discipline of a person that has an interest in a nontransplant tissue bank;The abuse of a corpse as a criminal offense, including increasing the offense from a class 6 felony to a class 5 felony for offenses committed on and after January 1, 2027;The timeline for regulatory review of certain death-care-related entities and provisions; andThe process by which a licensed individual initiates, completes, responds to, or files a death certificate.(Note: This summary applies to this bill as enacted.)

The act requires the department of corrections (department) to furnish an individual being discharged from the department's custody a release allowance of at least $100, free of any deductions. Beginning by September 15, 2027, and annually thereafter, the department is required to collect and report discharge data, including the number of individuals released from department correctional facilities, the number and percentage of released individuals who received the release allowance, and the total amount of money spent on release allowances. The department must issue a report to the general assembly annually. The act repeals provisions requiring the department to give an individual a ticket to leave prior to discharging the individual from a correctional facility. The act requires eligible offenders to participate in the department's existing program to procure state-issued identification cards for offenders (program), unless the offender affirmatively opts-out of the program. Beginning by September 15, 2027, and annually thereafter, the department is required to collect data on the process of securing necessary identification documents to issue state identification cards and issue a report to the general assembly. The report must include the number and percentage of offenders released with an identification card, birth certificate, and social security number and the number and percentage of offenders who were ineligible to participate in the program and the reason for ineligibility. The department is prohibited from charging an offender a fee to obtain a state identification card, and any fee incurred in the process of securing an offender's identification documents to create the state identification card must be assessed after the offender has been released and may be consolidated with existing restitution, fees, or other legal financial obligations owed by the offender. The department of public health and environment shall assist the department in securing necessary identification documents.(Note: This summary applies to this bill as enacted.)

Current law defines illicit massage businesses as businesses that engage in massage but also engage in human-trafficking-related offenses. The act expands the definition of 'illicit massage business' to include a massage business that engages in crimes other than human-trafficking-related offenses. Current law states that if a local government adopts a resolution or ordinance to establish business licensure requirements or to prohibit unlawful activities relating to illicit massage businesses, the resolution or ordinance must not be more restrictive than the requirements set forth in state law. The act removes this limitation. The act clarifies that a local government may adopt a resolution or ordinance for the purposes of deterring illicit massage businesses; preventing human trafficking; protecting legitimate massage therapy businesses; and safeguarding public health, safety, and welfare. The act also allows a local government to impose local licensing requirements in addition to those requirements prescribed in state law. Current law allows a local government to impose an administrative fee not to exceed $150 for issuing or renewing a license. The act removes the $150 cap on such fees. If a local government imposes an administrative fee, the amount of the fee must be reasonably related to the costs of the local government in administering the resolution or ordinance and the licensing of massage facilities. The fee must not exceed $500 unless necessary to cover the local government's costs of administering the resolution or ordinance and licensing the massage facilities in its jurisdiction. The fee may be adjusted yearly for inflation or deflation. Current law exempts businesses that held licenses before August 10, 2022, from the administrative fees. The act removes this exemption. The act allows a local government to establish additional grounds to deny, revoke, or suspend a license. The act provides that, if a local government establishes business licensure requirements for massage facilities, the resolution or ordinance adopted by the local government must prohibit ownership of massage facilities by the types of persons that are prohibited from ownership in current law. Current law states that preventing the operation of illicit massage businesses is a matter of statewide concern, and licensing and regulation of massage facilities is a matter of mixed statewide and local concern. The act states that preventing the operation of illicit massage businesses is a matter of mixed statewide and local concern. The act requires a local government that adopts a resolution or ordinance related to the local regulation of massage facilities on or after August 13, 2026, to consider the impacts of the resolution or ordinance on legitimate massage therapy businesses and conduct outreach to massage therapists and massage therapy businesses in the local government's jurisdiction and statewide organizations of massage therapists.(Note: This summary applies to this bill as enacted.)

The act makes changes and clarifications in the provisions related to the department of early childhood (department). The act:Eliminates the scheduled repeal of licensing exemptions for certain in-home child care arrangements in which the children are related to the caregiver, are siblings, or number fewer than five;Updates provisions related to early care and education provider reimbursement for services performed before final eligibility determinations in the Colorado child care assistance program;Lowers the age limit for children served by the early childhood mental health consultation program from 8 years old to 6 years old and adjusts that program's reporting requirements;Clarifies the sources of money appropriated to the universal preschool program;Requires the department to keep confidential identifying records and facts regarding children and their relatives;Clarifies that child care facilities approved, certified, or licensed by tribal governments are exempt from the department's licensing rules; andAdjusts the membership requirements and duties of the early childhood leadership commission and subcommittee membership requirements for the rules advisory council.(Note: This summary applies to this bill as enacted.)

Current law requires the department of public health and environment (CDPHE) to consider certain criteria as a basis for distributing grants from the nursing home penalty cash fund (fund). The act strikes these criteria and instead requires CDPHE to distribute such grants in accordance with priorities and allowable uses identified by the centers for medicare and medicaid services within the federal department of health and human services (centers). Current law requires the nursing home innovations grant board (board) to make recommendations for the approval of grants from the fund. The act requires such recommendations to be consistent with the processes for grant cycles of, and priorities and allowable uses identified by, the centers. Current law requires CDPHE and the department of health care policy and financing, with the board's assistance, to jointly submit an annual report to the governor and certain legislative committees of reference regarding the expenditure of money in the fund. The act changes the due date of the report from October 1 to January 1. In current law, the term 'benefit residents of nursing facilities' is defined to mean that a grant has a direct impact on the residents of nursing facilities or has an indirect impact on the residents through education of nursing facility staff. The act amends this definition to include training, as well as education, of nursing facility staff. Current law states that a governmental entity may not apply for or receive a grant from the fund unless the entity is a facility that is owned or operated by a governmental agency and licensed as a nursing care facility. The act removes this restriction.(Note: This summary applies to this bill as enacted.)

Under current law, only individuals of certain ages may qualify for the federal or state earned income tax credit. The federal "American Rescue Plan Act of 2021" temporarily lowered the minimum age requirement and removed the maximum age requirement for the federal earned income tax credit. In 2021, the lowered minimum age requirement was adopted for the state earned income tax credit (credit) indefinitely. For tax years commencing on or after January 1, 2028, the bill adopts the removal of the maximum age requirement for the credit indefinitely. An individual who claims the credit as a result of the bill may claim the credit in an amount determined in the same manner as an individual who claims the credit as a result of the prior adoption of the lowered minimum age requirement.(Note: This summary applies to this bill as introduced.)

The act updates county enforcement authority in connection with:Providing for and compelling the removal of rubbish, including trash, junk, and garbage, from property within the county;Providing for and compelling the removal of weeds and brush from property within the county;Providing for and compelling the removal or securing of any building or structure in the county, with specified exceptions, that, due to its condition, presents a substantial danger or hazard to the public health, safety, or welfare; andThe unlawful erection, construction, reconstruction, alteration, or use of any building or structure in the county or the use of any land in the county in violation of a zoning resolution or ordinance adopted by the board of county commissioners. For the removal actions described above, the act requires county ordinances to include provisions for applying for and exercising an administrative entry and seizure warrant. The act also allows counties to assess the reasonable costs of removal, including a 10% fee for inspection and incidental costs, as a lien against the property. The act modifies the civil penalties that a court may impose and the factors that a court must consider in determining the appropriate civil penalty when a property owner violates a county ordinance or building code regarding the removal of rubbish or weeds and brush from property within the county, the removal or securing of a building or structure in the county, or the unlawful erection, construction, reconstruction, alteration, or use of a building or structure in the county.(Note: This summary applies to this bill as enacted.)

The bill specifies that a person commits theft when the person knowingly uses an advance payment for a construction project for an unrelated purpose that results in the delay, end, abandonment, or material nonperformance of the construction project.The bill requires that before a contractor can take an advance payment from a customer, a contractor shall provide the customer with a written disclosure identifying the intended use of the advance payment, the anticipated timing of expenses identified in the disclosure, and the project's anticipated start date.(Note: This summary applies to this bill as introduced.)