The bill requires the state historical society (society), commonly known as history Colorado, establishes the Black Coloradan racial equity commission (commission) in the legislative department to conduct a study to determine , and make recommendations related to, any historical and ongoing effects of slavery and subsequent systemic racism on Black Coloradans that may be attributed to Colorado state practices, systems, and policies, and to identify measures that are consistent with the constitution to address those effects. The study includes historical research conducted by the state historical society (society), commonly known as history Colorado, and an economic analysis.

The society may enter into an agreement with a third-party entity to conduct all or parts of the study. As part of the study, historical research. The society shall conduct at least 2 public comment community engagement sessions for members of the public to provide input to the society related to the study its historical research. The society shall provide the commission with quarterly updates about the status of its research. The society is required to submit a report to the general assembly and governor and make the report available on a publicly accessible webpage of the society’s website. commission with the results of its research and any recommendations. The commission shall enter into an agreement with a third party to conduct an economic analysis of the financial impact of systemic racism on historically impacted Black Coloradans utilizing the findings of the society’s historical research. The third party shall deliver the results of its economic analysis to the commission.

At the conclusion of this study, the commission shall submit a report to the general assembly and the governor about the study and make the report available on a publicly accessible webpage of the general assembly’s website. The report must include a description of the study’s goals, the results of the historical research and economic analysis, and the commission’s recommendations. After the commission submits the report, the commission shall work with any parties necessary to implement the recommendations in the report.

The bill establishes the Black Coloradan racial equity steering committee (steering committee) to provide input to the society about the study, including guidance about the research, economic analysis, and recommendations. The steering committee also assists the society in conducting the public comment sessions. The society shall provide the steering committee with regular periodic updates about the status of the study. The steering committee may submit to the society comments and recommendations for inclusion in the society’s report to the general assembly and governor. After the study is completed, the steering committee shall work as necessary to effectuate implementation of the recommendations in the study report.

The bill is contingent upon the society commission receiving $100,000 $785,000 of gifts, grants, or donations for the purpose of conducting the study.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill adds gender identity and gender expression to the classes identified in bias-motivated crimes and harassment. The bill redefines sexual orientation for purposes of bias-motivated crimes as an individual’s identity, or another individual’s perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.
(Note: This summary applies to this bill as introduced.)

The bill prohibits peace officers from using prone restraint to subdue a subject, except in cases in which the use of deadly physical force is justified. The bill requires officers who use prone restraint to immediately reposition a person to facilitate breathing once the person is in handcuffs or the person’s hands are tied. The bill applies a similar prone restraint prohibition and recovery position requirement to guards and peace officers employed in detention facilities.

The bill requires the development of a model state policy on the risk of positional asphyxia and law enforcement use of prone restraint when making arrests or preventing escapes. The bill lists elements of the model policy and directs state and local law enforcement agencies, including those that supervise detention facilities, to adopt their own written policies and training requirements based on those elements. Law enforcement agencies that have not adopted their own policies on or before July 1, 2026, must comply with the state’s model policy. The bill requires reporting of policy violations.

The bill creates a private right of action against a law enforcement agency that fails to adopt prone restraint policies, train officers to adhere to those policies, or report policy violations. The bill also creates a private right of action against individual peace officers and guards employed in detention facilities who violate policies on which they’ve been trained, and authorizes the peace officers standards and training board to impose related disciplinary measures on peace officers.
(Note: This summary applies to this bill as introduced.)

Committee:  Judiciary

Time:  Upon Adjournment

Location:  HCR 0107

The bill modifies existing warranty of habitability laws by clarifying actions that constitute a breach of the warranty of habitability (breach) and procedures for both landlords and tenants when a warranty of habitability claim (claim) is alleged by the tenant. Updates to existing warranty of habitability laws include:

• Establishing time frames for when a landlord must communicate with the tenant and commence remedial action after having actual or constructive notice of a condition related to the habitability of a residential premises;
• Requiring a landlord to perform conduct to address an uninhabitable condition until such condition is completely remedied or repaired;
• Establishing a rebuttable presumption that a landlord has failed the landlord’s duty to remedy or repair a condition if the condition continues to exist either 7 or 14 days after the landlord has actual or constructive notice of the condition, depending on the condition at issue in the tenant’s claim;
• Determining when a landlord is presumed to have actual or constructive notice of a condition;
• Requiring a landlord to provide a tenant with a comparable dwelling unit or hotel room under certain circumstancesfor up to sixty days while the landlord addresses any uninhabitable conditions that materially interfere with the tenant’s life, health, or safety;
• Requiring a landlord to maintain all records, including correspondence and other documentation, relevant to a tenant’s claim and any remedial actions taken by the landlord;
• Requiring rental agreements entered into after January 1, 2025, to feature a statement regarding where a tenant can report or deliver written notice of an unsafe or uninhabitable condition;
• Establishing procedures for when a landlord may enter the dwelling unit of a tenant to address an uninhabitable condition and identifying circumstances when a tenant may deny a landlord entry to the dwelling unit;
• Clarifying certain conditions or characteristics of residential premises that are considered uninhabitable;
• Establishing that there is a rebuttable presumption that certain conditions and characteristics of a residential premises materially interfere with a tenant’s life, health, or safety; and
• Modifying and clarifying a tenant’s option for remedies when bringing a claim against a landlord and modifying procedures for accessing those remedies.

The bill establishes legal standards and court procedures related to claims, including authorizing a tenant to raise a breach as an affirmative defense against a landlord’s action for possession or action of collection against the tenant. The bill also establishes legal standards and procedures for a landlord’s defense to a claim and limitations on a tenant’s claim. The bill instructs the court in its calculation of actual and punitive damages for breach cases.

The bill prohibits retaliation and specifies what tenant actions are protected by the prohibition on retaliation and what actions constitute retaliation by the landlord.

The bill clarifies the jurisdiction of the attorney general and county and district courts over matters related to violations of the warranty of habitability.

The bill also modifies the statement included in a summons issued to a defendant in a court proceeding regarding an action for possession brought by a landlord.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law prohibits the sale or distribution of class B firefighting foam that contains perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). Section 1of the bill, on and after January 1, 2025, repeals the exemption from the prohibition for gasoline distribution facilities, refineries, and chemical plants.

Current law also prohibits the sale or distribution of products in certain product categories on and after certain dates if the products contain intentionally added PFAS chemicals (product phaseout timeline). Current law exempts from the definition of “product” drugs, medical devices, biologics, or diagnostics (medical products) approved or authorized by the federal food and drug administration or the federal department of agriculture (applicable federal agencies), but not medical products cleared by the applicable federal agencies. The bill changes current law by:

• Clarifying that medical products cleared by the applicable federal agencies are also exempted from the definition of “product” (section 4);
• Making certain changes to definitions applicable to the product phaseout timeline (section 3);
• On and after January 1, 2025, prohibiting the sale or distribution of certain outdoor apparel intended for extreme or extended use in severe wet conditions (outdoor apparel for severe wet conditions) that contains intentionally added PFAS chemicals unless the product is accompanied by a disclosure that states that the product contains PFAS chemicals (disclosure requirement) ( section 54 );
• On and after January 1, 2025,2026, as part of the product phaseout timeline, banning the sale or distribution of cleaning products, cookware, dental floss, menstruation products, and ski wax and textile articles that contain intentionally added PFAS chemicals ( section 54 );
• On and after January 1, 2028, as part of the product phaseout timeline, repealing the disclosure requirement and banning the sale or distribution of textile articles, outdoor apparel for severe wet conditions, and food equipment intended primarily for use in commercial settings that containscontain intentionally added PFAS chemicals ( section 54 ); and
• On and after January 1, 2032, repealing the product phaseout timeline (section 5) and prohibiting the sale or distribution of any nonexempted product that contains intentionally added PFAS chemicals (section 6); and
• On and after July 1, 2024,January 1, 2026, prohibiting a person from installing artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state ( section 65 ).

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)