Senate Committee of Reference Report
Committee on Judiciary
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
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March 4, 2026
After consideration on the merits, the Committee recommends the following:
SB26-120 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 2, line 11, strike "of public safety".
Page 1, Line 2Page 2, line 20, after "expired." add "The department is not required
Page 1, Line 3to deliver or administer the training required pursuant to this
Page 1, Line 4section.".
Page 1, Line 5Page 3, line 13, before "definitions." insert "rules -".
Page 1, Line 6Page 3, line 15, strike "a state" and substitute "an".
Page 1, Line 7Page 3, line 19, strike "a state" and substitute "an".
Page 1, Line 8Page 4, after line 6 add:
Page 1, Line 9"(c) (I) An institution of higher education, and an
Page 1, Line 10employee thereof, is immune from civil liability related to a
Page 1, Line 11missing student if the institution or employee thereof was acting
Page 1, Line 12in good faith pursuant to this subsection (5).
Page 1, Line 13(II) Good faith immunity for public institutions pursuant
Page 1, Line 14to this subsection (5)(c) applies in addition to any immunity
Page 1, Line 15pursuant to the "Colorado Governmental Immunity Act",
Page 1, Line 16article 10 of title 24. Good faith immunity pursuant to this
Page 1, Line 17subsection (5)(c) applies independently to a private institution of
Page 1, Line 18higher education.
Page 1, Line 19(III) An institution of higher education claiming good
Page 1, Line 20faith immunity pursuant to this subsection (5)(c) bears the
Page 1, Line 21burden of establishing that the institution initiated the minimum
Page 1, Line 22wellness assessment steps required pursuant to subsection (5)(d)
Page 2, Line 1of this section, which may be established by documentation
Page 2, Line 2maintained pursuant to subsection (5)(f) of this section.
Page 2, Line 3(d) (I) For purposes of this subsection (5), a preliminary
Page 2, Line 4wellness assessment includes, at a minimum, the following steps
Page 2, Line 5conducted in good faith and documented pursuant to subsection
Page 2, Line 6(5)(f) of this section:
Page 2, Line 7(A) A digital contact attempt;
Page 2, Line 8(B) A residential verification, if the institution has
Page 2, Line 9institution-controlled housing;
Page 2, Line 10(C) An academic and social inquiry; and
Page 2, Line 11(D) An emergency contact attempt.
Page 2, Line 12(II) An institution of higher education may conduct the
Page 2, Line 13steps listed in subsection (5)(d)(I) of this section simultaneously
Page 2, Line 14if the institution deems it necessary.
Page 2, Line 15(III) This subsection (5)(d) does not prevent an institution
Page 2, Line 16of higher education from establishing additional preliminary
Page 2, Line 17wellness assessment steps. The department of higher education
Page 2, Line 18may adopt rules to establish additional preliminary wellness
Page 2, Line 19assessment steps.
Page 2, Line 20(IV) (A) An institution of higher education is not deemed
Page 2, Line 21to have failed to conduct a preliminary wellness assessment
Page 2, Line 22solely because, due to circumstances beyond the institution's
Page 2, Line 23reasonable control, one or more of steps of the preliminary
Page 2, Line 24wellness assessment could not be completed within the six-hour
Page 2, Line 25period required pursuant to subsection (5)(b) of this section.
Page 2, Line 26(B) An institution of higher education shall document the
Page 2, Line 27reason for each uncompleted step required pursuant to
Page 2, Line 28subsection (5)(f) of this section.
Page 2, Line 29(e) (I) An institution of higher education shall adopt and
Page 2, Line 30publish a preliminary wellness assessment policy that defines,
Page 2, Line 31at a minimum:
Page 2, Line 32(A) The categories of institutional employees or agents
Page 2, Line 33who are authorized to conduct a residential verification
Page 2, Line 34pursuant to subsection (5)(d)(I)(B) of this section, which must
Page 2, Line 35include at least one category of employee or agent available
Page 2, Line 36outside of regular business hours;
Page 2, Line 37(B) The institution of higher education's process for
Page 2, Line 38escalating a missing person report to an employee responsible
Page 2, Line 39for initiating a preliminary wellness assessment;
Page 2, Line 40(C) The institution of higher education's record-keeping
Page 2, Line 41system required pursuant to subsection (5)(f) of this section; and
Page 2, Line 42(D) Additional preliminary wellness assessment steps as
Page 2, Line 43established by an institution or adopted by the department of
Page 3, Line 1higher education pursuant to subsection (5)(d)(III) of this
Page 3, Line 2section.
Page 3, Line 3(II) An institution of higher education shall make its
Page 3, Line 4preliminary wellness assessment policy publicly available on
Page 3, Line 5the institution's website and shall review and update the policy
Page 3, Line 6at least once every three years.
Page 3, Line 7(f) (I) An institution of higher education that conducts a
Page 3, Line 8preliminary wellness assessment pursuant to subsection (5)(a) of
Page 3, Line 9this section shall maintain contemporaneous written
Page 3, Line 10documentation of the assessment, including:
Page 3, Line 11(A) The date and time the missing person report was
Page 3, Line 12received and the name and role of the employee who received it;
Page 3, Line 13(B) The date, time, method, and outcome of each contact
Page 3, Line 14attempt made pursuant to subsection (5)(d)(I) of this section;
Page 3, Line 15(C) The name and role of each institutional employee or
Page 3, Line 16agent who participated in the preliminary wellness assessment;
Page 3, Line 17(D) The reason any step of the preliminary wellness
Page 3, Line 18assessment was not completed within the six-hour period
Page 3, Line 19required pursuant to subsection (5)(b) of this section, if
Page 3, Line 20applicable; and
Page 3, Line 21(E) The date and time a missing person report is made to
Page 3, Line 22the institution's police department or the nearest law
Page 3, Line 23enforcement agency.
Page 3, Line 24(II) An institution of higher education shall retain the
Page 3, Line 25records required pursuant to this subsection (5)(f) for a minimum
Page 3, Line 26of three years after the missing person report was received by
Page 3, Line 27the institution of higher education, and the records must be
Page 3, Line 28available to a law enforcement agency upon request.
Page 3, Line 29(III) An institution of higher education shall make the
Page 3, Line 30records required pursuant to this subsection (5)(f) available
Page 3, Line 31upon request to the student's authorized emergency contact
Page 3, Line 32listed in the student's official institutional record or legal
Page 3, Line 33guardian if the student has not been located within thirty days
Page 3, Line 34after the institution receives a missing person report.
Page 3, Line 35(g) (I) Conducting a preliminary wellness assessment
Page 3, Line 36pursuant to subsection (5)(d) of this section is a permissible
Page 3, Line 37disclosure pursuant to the health or safety emergency
Page 3, Line 38exception of the federal "Family Educational Rights and
Page 3, Line 39Privacy Act of 1974", 20 U.S.C. sec. 1232g (b)(1)(I), and does not
Page 3, Line 40constitute a violation of a state student privacy law.
Page 3, Line 41(II) A disclosure made as part of a preliminary wellness
Page 3, Line 42assessment must be limited to information necessary to locate
Page 3, Line 43the student and must not be used for any other purpose.
Page 4, Line 1(h) As used in this subsection (5), unless the context
Page 4, Line 2otherwise requires:
Page 4, Line 3(I) "Academic and social inquiry" means a query by an
Page 4, Line 4institution of available faculty members and residential staff
Page 4, Line 5about the student's most recently known attendance or social
Page 4, Line 6interaction subject to the permissible disclosure provisions of
Page 4, Line 7subsection (5)(g) of this section.
Page 4, Line 8(II) "Circumstances beyond the institution's reasonable
Page 4, Line 9control" means an unforeseeable situation, or a situation the
Page 4, Line 10institution of higher education is unable to adequately respond
Page 4, Line 11to, including, but not limited to:
Page 4, Line 12(A) The unavailability of faculty or staff outside of
Page 4, Line 13regular business hours;
Page 4, Line 14(B) The student's residence being located off campus or
Page 4, Line 15outside the institution's physical jurisdiction; and
Page 4, Line 16(C) An incorrect, disconnected, or unanswered emergency
Page 4, Line 17contact.
Page 4, Line 18(III) "Digital contact attempt" means an attempt by the
Page 4, Line 19institution of higher education to contact the student through
Page 4, Line 20all institution-provided communications available to the
Page 4, Line 21institution, including, but not limited to, an institutional email,
Page 4, Line 22student portal system, and emergency notification system.
Page 4, Line 23(IV) "Emergency contact attempt" means an attempt by
Page 4, Line 24the institution to reach the student's emergency contact person
Page 4, Line 25listed in the student's official institutional record.
Page 4, Line 26(V) "Institution of higher education" or "institution"
Page 4, Line 27means a state institution of higher education, as defined in
Page 4, Line 28section 23-18-102 (10)(a); a local district college; an area
Page 4, Line 29technical college; the Auraria higher education center; an
Page 4, Line 30education center; a technical college; a private college or
Page 4, Line 31university, as defined in section 23-2-102; and a private
Page 4, Line 32occupational school, as defined in section 23-2-102.
Page 4, Line 33(VI) "Regular business hours" means the hours during
Page 4, Line 34which the institution of higher education's administrative
Page 4, Line 35offices are regularly open for business, as published in the
Page 4, Line 36institution's official academic calendar.
Page 4, Line 37(VII) "Residential verification" means a physical check of
Page 4, Line 38the student's residence if the student resides in
Page 4, Line 39institution-controlled housing by an authorized representative
Page 4, Line 40of the institution, as defined by the institution's published
Page 4, Line 41preliminary wellness assessment policy required pursuant to
Page 4, Line 42subsection (5)(e) of this section.".
Page 4, Line 43