Read the full stored bill text
SENATE BILL 26-020
BY SENATOR(S) Bright and Ball, Amabile, Benavidez, Bridges, Cutter,
Exum, Gonzales J., Jodeh, Kipp, Lindstedt, Marchman, Wallace, Coleman;
also REPRESENTATIVE(S) Sirota and Gonzalez R., Bacon, Boesenecker,
Brown, Clifford, Duran, Goldstein, Hamrick, Jackson, Lieder, Lindsay,
Mauro, Nguyen, Phillips, Rutinel, Story, Zokaie, McCluskie.
CONCERNING MEASURES RELATED TO CHILD CARE PROVIDER LICENSING,
AND, IN CONNECTION THEREWITH, INCREASING RELIANCE ON TRAINED
PERSONNEL FROM THE DEPARTMENT OF EARLY CHILDHOOD, IMPOSING
CERTAIN REQUIREMENTS IN CONNECTION WITH REGULATION BY
LOCAL GOVERNING AUTHORITIES, AND CREATING A TASK FORCE.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 26.5-5-333 as
follows:
26.5-5-333. Professional development information system
records - rules.
THE EXECUTIVE DIRECTOR SHALL ADOPT RULES CONCERNING
REQUIREMENTS FOR FACILITIES LICENSED PURSUANT TO THIS PART 3 TO
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
MAINTAIN UP-TO-DATE EMPLOYEE RECORDS IN THE PROFESSIONAL
DEVELOPMENT INFORMATION SYSTEM ADMINISTERED BY THE DEPARTMENT
PURSUANT TO SECTION 26.5-1-106 (l)(a)(I).
SECTION 2. In Colorado Revised Statutes, 26.5-5-316, amend
(3)(a)(I); and add (3)(a)(III) and (3)(a)(IV) as follows:
26.5-5-316. Investigations and inspections - local authority -
reports -rules.
(3) (a) (I) Except as otherwise provided in subsection (3)(a)(II)
SUBSECTIONS (3)(a)(II) AND (3)(a)(III) of this section, the department may
authorize or contract with any county department, the county department of
health, or any other publicly or privately operated organization that has a
declared interest in children and experience working with children or on
behalf of children to investigate and inspect the facilities applying for an
original or renewal license or applying for a permanent license following
the issuance of a probationary or provisional license under PURSUANT TO
this part 3 and may accept reports on sueh investigations and inspections
from sueh THE agencies or organizations as a basis for such licensing
MAKING LICENSING DECISIONS. When contracting for investigations and
inspections, the department shall assure that the contractor is qualified by
training and experience and has no conflict of interest with respect to the
facilities to be inspected.
(Ill) NOTWITHSTANDING SUBSECTION (3)(a)(I) OF THIS SECTION, ON
OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL, WHERE FEASIBLE, BEGIN
PHASING OUT ITS RELIANCE ON PERSONS AUTHORIZED OR CONTRACTED
PURSUANTTOSUBSECTION(3)(a)(l)OFTHISSECTIONTOPROVIDETHETYPES
OF SERVICES THE DEPARTMENT'S LICENSING SPECIALISTS PROVIDE IN
CONNECTION WITH THE INVESTIGATION AND INSPECTION OF THE FACILITIES
APPL YING FOR AN ORIGINAL OR RENEW AL LICENSE OR APPL YING FOR A
PERMANENT LICENSE FOLLOWING THE ISSUANCE OF A PROBATIONARY OR
PROVISIONAL LICENSE PURSUANT TO THIS PART 3, AND SHALL PRIORITIZE THE
USE OF LICENSING SPECIALISTS EMPLOYED BY THE DEPARTMENT TO PROVIDE
THE SERVICES. NOTHING IN THIS SUBSECTION (3)(a) REQUIRES THE
DEPARTMENT TO PHASE OUT ITS RELIANCE ON PERSONS AUTHORIZED OR
CONTRACTED TO PERFORM HEALTH AND SANITATION INSPECTIONS AND
RELATED PLAN REVIEWS REQUIRED AS PART OF THE CHILD CARE LICENSING
PROCESSANDCONDUCTEDBYTHEDEPARTMENTORALOCALPUBLICHEALTH
PAGE 2-SENATE BILL 26-020
AGENCY.
(IV) THEDEPARTMENTSHALLESTABLISHSTANDARDIZEDTRAINING,
PROTOCOLS, AND SUPERVISION FOR DEPARTMENT PERSONNEL AND ANY
PERSONSAUTHORIZEDORCONTRACTEDPURSUANTTOSUBSECTION (3)(a)(I)
OF THIS SECTION TO PROMOTE CONSISTENCY IN THE INTERPRETATION AND
APPLICATION OF LICENSING REQUIREMENTS AND THE STANDARDIZATION OF
INVESTIGATIONS AND ENFORCEMENT ACTIONS ACROSS THE STATE.
SECTION 3. In Colorado Revised Statutes, 26.5-5-310, add (l)(c)
as follows:
26.5-5-310. Compliance with local government zoning
regulations -notice to local governments -provisional licensure -rules.
(1) (c) NOTWITHSTANDING SUBSECTION (l)(a) OF THIS SECTION TO
THE CONTRARY, THE AVAILABILITY OF SAFE, AFFORDABLE, AND LICENSED
FAMILY CHILD CARE HOMES AND LICENSED CHILD CARE CENTERS IS A
MATTER OF STATEWIDE CONCERN. THEREFORE, PERMITTING FRAGMENTED
REGULATION AMONG JURISDICTIONS IMPEDES AND INFRINGES UPON THE
DEPARTMENT'S APPROPRIATE AND CONSISTENT LICENSING AND REGULATION
OFF AMIL Y CHILD CARE HOMES AND CHILD CARE CENTERS THROUGHOUT THE
STATE. ACCORDINGLY, A LOCAL GOVERNING AUTHORITY THAT IMPOSES
REQUIREMENTS IN ADDITION TO THE STATE-LEVEL LICENSING STANDARDS
REQUIRED PURSUANT TO THIS PART 3 RELATED TO THE INSPECTION,
PERMITTING, LICENSING, OR APPROVAL OF A CHILD CARE CENTER OR FAMILY
CHILD CARE HOME SHALL:
(I) PRIORITIZE THE INSPECTION, PERMITTING, LICENSING, OR
APPROVAL PROCESS OF A CHILD CARE CENTER ORF AMIL Y CHILD CARE HOME
WITH WHICH THE LOCAL GOVERNING AUTHORITY HAS HAD A DISPUTE OR
CAUSED A DELAY, TO COMPLETE THE INSPECTION, PERMITTING, LICENSING,
OR APPROVAL PROCESS TO THE EXTENT REASONABLY PRACTICABLE; AND
(II) LIMIT, TO A REASONABLE MAXIMUM ESTABLISHED BY
DEPARTMENT RULE, THE FEES ASSOCIATED WITH ANY CHILD CARE CENTER'S
ORF AMIL Y CHILD CARE HOME'S INSPECTION, PERMIT, LICENSE, OR APPROVAL
THAT IS REQUIRED FOR A CHILD CARE CENTER ORF AMIL Y CHILD CARE HOME
BY THE LOCAL GOVERNING AUTHORITY BUT THAT IS NOT REQUIRED BY THE
STATE-LEVEL LICENSING STANDARDS ESTABLISHED IN THIS PART 3; EXCEPT
PAGE 3-SENATE BILL 26-020
THAT THIS LIMITATION DOES NOT APPLY TO FEES ASSOCIATED WITH HEAL TH
AND SANITATION INSPECTIONS AND RELATED PLAN REVIEWS REQUIRED AS
PART OF THE CHILD CARE LICENSING PROCESS AND CONDUCTED BY THE
DEPARTMENT OR A LOCAL PUBLIC HEALTH AGENCY.
SECTION 4. In Colorado Revised Statutes, add 26.5-5-322.5 as
follows:
26.5-5-322.5. Child care licensure task force - created -
membership -reporting -repeal.
( 1) THE CHILD CARE LI CENSURE TASK FORCE IS CREA TED IN THE
DEPARTMENT TO STUDY AND DEVELOP RECOMMENDATIONS RELATED TO THE
CHILD CARE LICENSURE SYSTEM IN COLORADO.
(2) (a) THE CHILD CARE LICENSURE TASK FORCE CONSISTS OF THE
FOLLOWING MEMBERS:
(I) THE PRESIDENT OF THE SENATE SHALL APPOINT THE FOLLOWING
MEMBERS:
(A) A REPRESENTATIVE FROM AN ASSOCIATION OF CHILD CARE
PROVIDERS;
(B) A REPRESENTATIVE OF A LICENSED CHILD CARE CENTER SERVING
A RURAL AREA; AND
(C) A REPRESENTATIVE FROM AN ORGANIZATION OF PROVIDERS OF
OUT-OF-SCHOOL TIME PROGRAMS, AS DEFINED IN SECTION 22-105 .5-103;
(II) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT THE FOLLOWING MEMBERS:
(A) A CHILD CARE PROVIDER FROM A LICENSED FAMILY CHILD CARE
HOME;
(B) A REPRESENTATIVE OF A COMMUNITY-BASED OR EARLY
CHILDHOOD ADVOCACY ORGANIZATION; AND
(C) A REPRESENTATIVE OF A SCHOOL DISTRICT;
PAGE 4-SENATE BILL 26-020
(III) THE MINORITY LEADER OF THE SENATE SHALL APPOINT THE
FOLLOWING MEMBERS:
(A) A MUL TILINGUALREPRESENTATIVE OF A HEAD START PROGRAM;
(B) A REPRESENTATIVE FROM AN ASSOCIATION OF CHILD CARE
PROVIDERS; AND
(C) A REPRESENTATIVE OF A LICENSED CHILD CARE CENTER;
(IV) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
SHALL APPOINT THE FOLLOWING MEMBERS:
(A) THE PARENT OF A CHILD CARED FOR IN A LICENSED CHILD CARE
CENTER OR LICENSED FAMILY CHILD CARE HOME; AND
(B) A REPRESENTATIVE OF A STATUTORY OR HOME RULE CITY,
TOWN, CITY AND COUNTY, OR COUNTY; AND
(V) THE GOVERNOR SHALL APPOINT ONE MEMBER WHO IS A
REPRESENTATIVE OF THE DEPARTMENT AND ONE MEMBER WHO IS A
REPRESENTATIVE OF THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT.
(b) THE APPOINTING AUTHORITIES SHALL MAKE THEIR INITIAL
APPOINTMENTS TO THE TASK FORCE NO LATER THAN JULY 1, 2026.
(3) EACH MEMBER OF THE TASK FORCE WHO IS APPOINTED PURSUANT
TO SUBSECTION (2) OF THIS SECTION SERVES AT THE PLEASURE OF THE
APPOINTING OFFICIAL. THE TERM OF APPOINTMENT FOR TASK FORCE
MEMBERS EXPIRES ON JULY 1, 2027.
( 4) MEMBERS OF THE TASK FORCE SERVE WITHOUT COMPENSATION
AND WITHOUT REIMBURSEMENT FOR EXPENSES.
(5) (a) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT SHALL
CONVENE THE FIRST MEETING OF THE TASK FORCE NO LATER THAN THREE
WEEKS AFTER THE EXECUTIVE DIRECTOR HAS DETERMINED THAT THE TASK
FORCE HAS RECEIVED AN AMOUNT OF GIFTS, GRANTS, AND DONATIONS
SUFFICIENT TO BEGIN ITS WORK DESCRIBED IN THIS SECTION OR AUGUST 1,
PAGE 5-SENATE BILL 26-020
2026, WHICHEVER IS LATER.
(b) THE TASK FORCE SHALL ELECT A CHAIR FROM AMONG THE TASK
FORCE'S MEMBERS.
( C) THE TASK FORCE SHALL MEET AT LEAST FOUR TIMES IN 2026 TO
COMPLETE THE DUTIES SPECIFIED IN THIS SECTION. THE CHAIR MAY CALL
ADDITIONAL MEETINGS, SUBJECT TO AVAILABLE MONEY, AS NECESSARY FOR
THE TASK FORCE TO COMPLETE ITS DUTIES. THE TASK FORCE SHALL
ESTABLISH PROCEDURES TO ALLOW MEMBERS OF THE TASK FORCE TO
PARTICIPATE IN THE MEETINGS REMOTELY.
(6) THE TASK FORCE SHALL STUDY AND RECOMMEND REFORMS TO
COLORADO'S LI CENSURE SYSTEM WITH THE GOAL OF CREA TING A COHERENT,
STREAMLINED FRAMEWORK THAT DOES NOT REDUCE THE QUALITY OF
SETTINGS ALREADY IN PLACE TO SUPPORT CHILDREN'S LEARNING.
(7) WITH THE HELP OF A THIRD-PARTY ENTITY DESCRIBED IN
SUBSECTION (8) OF THIS SECTION, THE TASK FORCE SHALL:
(a) UNDERTAKE A COMPREHENSIVE REVIEW OF THE STATE'S CHILD
CARE LICENSING REQUIREMENTS AND PROCESSES FOR CHILD CARE CENTERS
AND FAMILY CHILD CARE HOMES; AND
(b) DEVELOP RECOMMENDATIONS FOR DESIGNING A STREAMLINED
LICENSURE SYSTEM FOR CHILD CARE CENTERS AND FAMILY CHILD CARE
HOMES.
(8) THE TASK FORCE SHALL CONTRACT WITH AN INDEPENDENT
THIRD-PARTY ENTITY TO FACILITATE TASK FORCE MEETINGS AND PREPARE
A FINAL REPORT SUMMARIZING THE TASK FORCE'S RECOMMENDATIONS
DEVELOPED PURSUANT TO SUBSECTION (7) OF THIS SECTION.
(9) 0NORBEFOREJANUARY 1,2027, THETASKFORCESHALLREPORT
ON ITS RECOMMENDATIONS TO THE HEALTH AND HUMAN SERVICES AND
EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES, THE HEAL TH
AND HUMAN SERVICES AND EDUCATION COMMITTEES OF THE SENATE, OR
ANY SUCCESSOR COMMITTEES; THE GOVERNOR; AND THE DEPARTMENT.
(10) (a) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
PAGE 6-SENATE BILL 26-020
IMPLEMENTATION OF THIS SECTION BE FUNDED ENTIRELY BY GIFTS, GRANTS,
AND DONATIONS, AND THAT GIFTS, GRANTS, AND DONATIONS WILL BE
RECEIVED THROUGHOUT THE COURSE OF THE TASK FORCE'S WORK. THE
GENERAL ASSEMBLY SHALL NOT APPROPRIATE MONEY FROM THE GENERAL
FUND FOR THE IMPLEMENTATION OF THIS SECTION, AND THE DEPARTMENT
AND APPOINTING AUTHORITIES SHALL CARRY OUT THEIR DUTIES SET FORTH
IN THIS SECTION WITHIN EXISTING APPROPRIATIONS.
(b) THE DEPARTMENT MAY SEEK, ACCEPT, AND EXPEND GIFTS,
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO IMPLEMENT
THIS SECTION. THE TASK FORCE SHALL NOT IMPLEMENT THIS SECTION
UNLESS THE TASK FORCE RECEIVES AN AMOUNT OF GIFTS, GRANTS, AND
DONATIONS THAT THE EXECUTIVE DIRECTOR DEEMS NECESSARY TO
IMPLEMENT THIS SECTION.
( c) THE ACTIVITIES DESCRIBED IN SUBSECTION (7) OF THIS SECTION
AND FINAL REPORT DESCRIBED IN SUBSECTION (9) OF THIS SECTION ARE
CONTINGENT ON MONEY BEING AVAILABLE TO CARRY OUT THE ACTIVITIES
AND FINAL REPORT. IF MONEY IS NOT AVAILABLE FOR THE TASK FORCE OR
ANY OTHER ENTITY TO CARRY OUT ITS DUTIES REQUIRED PURSUANT TO THIS
SECTION, THE TASK FORCE OR THE ENTITY IS NOT REQUIRED TO CARRY OUT
THE DUTIES. A CONTRACT WITH A THIRD-PARTY ENTITY THAT WILL PROVIDE
SERVICES RELATED TO TASK FORCE MEETING FACILITATION,
RECOMMENDATIONS, AND THE FINAL R EPORT MUST BE CONTINGENT ON
GIFTS, GRANTS, AND DONATIONS BEING AVAILABLE FOR THOSE PURPOSES.
(11) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 7-SENATE BILL 26-020
the support and maintenance of the departments of the state and state
institutions.
J~s R~had Coleman, Sr.
PRESIDENT OF
THE SENATE
E • er van Mourik
SECRETARY OF
THE SENATE
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vi ~ ~ Vanesll1y
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED OY\ movid~ -j\Av-\6;-\-L-Z>Ll? t\-\-,2.-. \~~n-,
(Date and Time)
Jared S. Polis
GOVERNO OF
PAGE 8-SENATE BILL 26-020
E OF COLORADO
\,