Rep. Kyle Brown

The act caps the maximum incarceration sentence for a municipal violation that has a comparable state law crime at the same length as the state-level offense. If a comparable state-level offense does not exist, the maximum period of incarceration is capped at the maximum for a state-level petty offense. Mandatory minimums and increased penalties based on prior convictions are prohibited unless the person is convicted of a municipal offense for which there is a comparable state offense or of an infraction that allows imposition of the same mandatory minimum or increased penalties based on prior convictions. The act also caps a consecutive municipal sentence at 2 times the highest charge in the case. The act clarifies that municipal court defendants have a right to counsel and that municipal defense counsel have the same notice, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The act applies the prohibition to all municipalities. All municipal court proceedings are required to be open to public observation. Virtual observation is required for all in-custody proceedings, and prompt resolution of municipal cases is required. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)

The act adjusts several state tax expenditures as follows: Section 2 of the act allows an individual to present a copy of their federal tax return to be exempted from the medical marijuana registry application fee; Section 3 requires insurance companies, when submitting certain filings with the division of insurance, to submit the total annual dollar amount of premiums collected or contracted for on policies or contracts of insurance covering property or risks in Colorado during the previous calendar year from entities that are exempt from taxation; Section 4 ensures that the valuation for assessment for qualified-senior primary residence real property is reduced for the property tax years commencing on January 1, 2025, and January 1, 2026; Section 6 adds the amount of any overtime compensation excluded or deducted from a taxpayer's federal gross income to that taxpayer's federal taxable income for purposes of determining the taxpayer's state taxable income; Section 7 expands the definition of local government to include counties for purposes of the alternative transportation options tax credit; Section 8 modifies the tax credit for qualified costs incurred in preservation of historic structures by removing the 5% increase in the percentage of rehabilitation expenses incurred in a rehabilitation in a disaster area for the rehabilitation of a commercial structure that are applicable for the tax credit; Section 9 extends the tax credit for monetary contributions to promote child care, so that the tax credit is available through income tax years commencing before January 1, 2030, rather than January 1, 2026; Section 10 limits the existing business personal property tax credit so that a taxpayer may only claim the tax deduction for income tax years commencing before January 1, 2026; Section 12 clarifies and modifies definitions for the qualified care worker tax credit; Section 13 allows the executive director of the department of revenue to direct employers who make payments of compensation other than wages to withhold an amount that approximates an employee's income tax due to the state from that employee's compensation; Section 14 expands the definition of agricultural commodities to include products regulated under article 10 of title 44 for purposes of the pesticides, fertilizers, and spray adjuvants wholesale sales tax exemption; Section 15 ensures that, beginning July 1, 2025, interstate telephone and telegraph services are subject to state sales tax; Section 16 exempts the sale of medical marijuana to an individual who presents a valid electronic benefits transfer card or certain other identification from sales tax; and Section 17 modifies the enterprise zone tax credit for income tax years beginning January 1, 2026, by limiting the total amount of the credit that may be claimed to $2 million, providing an exemption process for that limit, and prohibiting certain taxpayers from claiming that credit.(Note: This summary applies to this bill as enacted.)

Section 1 of the act specifies that the short title of the Act is the "Kelly Loving Act". Sections 2 through 5 provide that, if at any point following the issuance of a license to marry or a civil union license, a party to the marriage or civil union presents the issuing county clerk and recorder with appropriate documentation of that party's name change and requests the issuance of a new license to marry or civil union license, the county clerk shall issue a new license to marry or civil union license that reflects the party's name change. After a new license to marry or civil union license is issued, the effective date of the marriage or civil union remains the date listed on the original license to marry or civil union license. Section 6 provides that, if a local education provider, an educator, or a contractor chooses to enact or enforce a policy related to names, that policy must be inclusive of all reasons that a student might adopt a name that differs from the student's legal name. Section 7 requires a dress code adopted by a school district board of education or by an institute charter school board for a charter school authorized by the charter school institute must allow each student to choose from any of the options provided in the dress code policy. Section 8 defines the term "chosen name" for purposes of the "Colorado Anti-discrimination Act" as a name that an individual requests to be known as in connection to the individual's disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, or ancestry, so long as the name does not contain offensive language and the individual is not requesting the name for frivolous purposes. Section 8 also includes "chosen name and how the individual chooses to be expressed" as forms of gender expression for purposes of the "Colorado Anti-discrimination Act." Section 10 repeals a provision of law that limited the state registrar to amending a gender designation for an individual's birth certificate only 1 time upon the individual's request without the submission of a court order. Sections 11, 12 and 13 change the number of times that the department of revenue may amend a sex designation on an individual's driver's license, identification card, or identification document upon the individual's request from 1 to 3. (Note: This summary applies to this bill as enacted.)

The act appropriates $4 million from the "Infrastructure Investment and Jobs Act" cash fund (fund) to the office of the governor (office) for state fiscal year 2025-26, with roll-forward authority in state fiscal year 2026-27 for any money remaining in the fund after state fiscal year 2025-26. The act authorizes the office to accept gifts, grants, or donations for crediting to the fund to implement the act. The act authorizes the office, in the governor's discretion, to hire and employ personnel or retain contractors for purposes related to federal government actions that impact federal disbursements, grants, contracts, or money received by or transferred to the state. The office may also reimburse the department of law for costs associated with special assistant attorneys general who are contracted for the purposes of providing legal services: To state officers or employees related to legal proceedings, inquiries, hearings, or investigations initiated, pursued, or threatened by the federal government; or For the criminal defense of state officers or employees in legal actions arising out of their official acts or decisions. The office may also incur other expenditures covered by the fund that are consistent with the purposes of the act, as determined by the governor, including expenditures to preserve and protect state sovereignty or federal funding streams that benefit the state. (Note: This summary applies to this bill as enacted.)

The act authorizes the Colorado water conservation board (board) to administer a water supply measurement and forecasting program to collect and disseminate data on snowpack levels, investigate technological advances in snowpack measurement and water supply forecasting, and collect other data that the board determines will assist in those efforts. For the 2025-26 state fiscal year, $104,608 is appropriated to the department of natural resources (department) from the Colorado water conservation board construction fund for the department to implement the act. Of the money appropriated, $15,960 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)

The act appropriates the following amounts for the 2025-26 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system, $380,000 (section 1 of the act); Continuation of the floodplain map modernization program, $500,000 (section 2); Continuation of the weather modification permitting program, $500,000 (section 3); Continuation of the Colorado Mesonet project, $200,000 (section 5); Continuation of the water forecasting partnership project, $2,000,000 (section 6); Continuation of the Arkansas river decision support program, $300,000 (section 7); Continuation of technical assistance for the federal irrigation improvement cost-sharing program, $500,000 (section 8); Decision support systems model enhancements to support the Colorado water plan, $1,000,000 (section 9); Support for the basin implementation plan analysis and updates, $4,500,000 (section 10); Continuation of the Colorado watershed restoration and wildfire ready watershed programs, $5,000,000 (section 11); Support for a statewide turf analysis, $1,400,000 (section 12); Support for the Yampa river and Walton creek confluence restoration project, $2,000,000 (section 14); and Support for the south fork focus zone irrigated acreage retirement, $6,000,000 (section 15). Section 4 directs the state treasurer to transfer up to $2,000,000 from the CWCB construction fund to the CWCB litigation fund on July 1, 2025. Section 13 directs the state treasurer to transfer $500,000 from the CWCB construction fund to the plant health, pest control, and environmental protection cash fund on July 1, 2025, and makes an appropriation of that amount to the department of agriculture for use by the conservation services division for the Colorado soil health program. Section 16 authorizes the CWCB to make a loan in an amount of $12,978,500 from the severance tax perpetual base fund to the North Poudre Irrigation Company to support the park creek expansion project. Section 17 appropriates $29,200,000 from the water plan implementation cash fund to the CWCB to award grants that will help implement the state water plan. Sections 18, 19, 20, and 21 eliminate the office of water conservation under the CWCB and the water efficiency grant program, transfer remaining money from the water efficiency grant program cash fund to the severance tax perpetual base fund, and make conforming amendments accordingly. Current law authorizes the governor to appoint a director of compact negotiations. Section 22 states that the governor or the executive director of the department of natural resources shall appoint the director of compact negotiations within 30 days after a vacancy of the position. (Note: This summary applies to this bill as enacted.)

The act creates the future of severance taxes and water funding task force (task force). The department of natural resources is required to contract with a third party to conduct a study on severance taxes and water funding and develop recommendations for ways to continue funding water needs and energy impact grants in the face of decreasing severance tax revenue (study). The study must focus on identifying ways to alleviate the need to transfer revenues derived from severance taxes to the general fund and to replace severance tax revenue that was previously transferred to the general fund. The purpose of the task force is to work with the third party to conduct the study and develop recommendations. No later than January 15, 2026, the third party must submit a draft report, detailing the results of the study and any recommendations, to the department of natural resources and the task force for review. The task force is required to provide input on the draft report. No later than July 15, 2026, the third party must submit a final report, which incorporates the input of the task force, to the water resources and agriculture review committee (committee). The task force must present the final report to the committee during the 2026 legislative interim. The act changes the manner in which a credit allowed against severance tax in taxable years commencing January 1, 2026, but prior to January 1, 2028, is calculated. For the 2025-26 state fiscal year, $198,592 is appropriated from the severance tax operational fund to the department of natural resources to implement the act. (Note: This summary applies to this bill as enacted.)

The act requires hospitals, freestanding emergency departments, and licensed health-care facilities that hold themselves out to the public as providing emergency care (facility) to provide emergency medical services to a person who presents to the facility when the person requests or a request is made on the person's behalf for emergency medical services. For each person who presents to a facility and requests emergency medical services or for each request made on the person's behalf for emergency medical services, the act requires the facility to input into a central log whether the person refused treatment or was denied treatment; whether no treatment was required; or whether the person was transferred, admitted and treated, stabilized and transferred, or discharged. The act prohibits a facility from: Denying or discriminating in providing emergency medical services to a patient for a discriminatory or unlawful reason; Penalizing or taking adverse action against a health-care provider for refusing to transfer a patient with an emergency medical condition that has not been stabilized; Delaying providing emergency medical services to a person in order to inquire about the person's ability to pay for the services; and Transferring or discharging a patient with an emergency medical condition unless certain conditions are met. A facility or health-care provider does not violate the act's requirements if certain conditions are met. The act authorizes the department of public health and environment to investigate a facility that negligently violates the requirements of the act. A physician who negligently violates the act engages in unprofessional conduct and is subject to professional discipline. If a civil monetary penalty is imposed, the act requires the maximum civil monetary penalty to be reduced by any civil monetary penalty imposed pursuant to the federal "Emergency Medical Treatment and Active Labor Act" for the same violation. The act appropriates $82,768 from the health facilities general licensure cash fund to the department of public health and environment for use by the health facilities and emergency medical services division. (Note: This summary applies to this bill as enacted.)

Dependent upon sufficient gifts, grants, and donations received by the Colorado school of public health (school) and the department of health care policy and financing, the act requires the school to: Analyze draft model legislation for implementing a single-payer, nonprofit, publicly financed, and privately delivered universal health-care payment system for Colorado that directly compensates providers (analysis);and Submit a report detailing its findings to the health and human services committees of the house of representatives and the senate by December 31, 2026. The act also creates the statewide health-care analysis collaborative (collaborative) for the purpose of advising the school during the analysis. The collaborative is repealed, effective December 1, 2027. (Note: This summary applies to this bill as enacted.)

The act makes the following changes for the purpose of improving the performance of the regional transportation district (RTD): Authorizes RTD to enter into a service partnership agreement with a local government, institution of higher education, business or housing entity, or special district to expand services within RTD's service territory or beyond the boundaries of RTD as authorized by law; Requires RTD, in discharging its responsibilities, to: Align with statewide greenhouse gas reduction targets, "Transportation Vision 2035" goals, and mode choice targets; Create worker retention goals; Adhere to the requirements of "General Directive 24-1: Required Actions Regarding Assaults on Transit Workers", issued on September 25, 2024, by the federal transit administration of the United States department of transportation; and Develop performance measures to evaluate its progress in aligning with state climate goals and achieving its worker retention goals; Requires RTD to report to the transportation legislation review committee (TLRC) on or before December 15, 2025, on RTD's 5-year financial forecast, debt capacity, and use of agency reserve accounts; Requires RTD, in coordination with the department of transportation, the Denver regional council of governments, and local governments within RTD's service territory, to create a 10-year strategic plan no later than September 30, 2026, and a comprehensive operational analysis no less frequently than every 5 years beginning on April 10, 2026, and to report quarterly to the RTD board of directors regarding the plan and analysis. RTD is also required to annually report to the TLRC on its progress in delivering the projects identified in the 10-year strategic plan and the comprehensive operational analysis. Requires RTD, in conjunction with the creation of its 10-year strategic plan, to study or contract with a third party to study and identify opportunities to increase funding to achieve the goals, measures, and targets identified in the 10-year strategic plan; Requires RTD to create, maintain, and publish on its website information and dashboards related to capital projects, ridership and service information, planned service changes, workforce statistics, and transit safety; Requires RTD to update its service policies and standards, its equitable transit-oriented development policy, and its service buy-up policy, to create specific communication protocols, and to implement parking and transportation demand management strategies and policies; Requires RTD to report to the governor, general assembly, the TLRC, and the RTD board by December 2025 on its work to achieve the transportation expansion routes identified in the transportation expansion plan, including the north lines. If RTD has not completed and begun service by January 1, 2029, on the fixed guideway mass transit system proposed in the transportation expansion plan, RTD is required to report to the governor and the transportation committees of the general assembly every 6 months until service begins. Requires RTD to periodically notify the Denver regional council of governments and the department of local affairs of any known infrastructure gaps that exist within a transit center of a transit-oriented community within RTD's service territory; Requires RTD to modernize, advertise, and conduct outreach about its EcoPass programs and to report to the transportation committees of the general assembly about its efforts; Clarifies the powers and duties of the RTD board of directors; and Prohibits write-in candidates for the RTD board of directors. The act also requires other entities to analyze opportunities for the improvement of transit services by: Requiring certain residential and mixed-use developments to survey their residents about their interest in having the development provide annual pre-paid RTD transit passes via the EcoPass program, if the development does not already provide bulk-purchased EcoPasses. If a majority of residents express interest in bulk-purchased EcoPasses, the development is required to enroll in the EcoPass program for its residents. Requiring the transportation commission, on or before March 31, 2026, to develop and publish best practices and technical assistance materials concerning the creation of regional transportation authorities to increase funding for transit and to provide additional transit services within the state; and Creating an RTD accountability committee within the Colorado energy office that consists of 15 appointed members, including 14 voting members and one ex officio nonvoting member, whose work is intended to build upon the work of the previous RTD accountability committee created in 2020. On or before January 30, 2026, the committee is required to provide recommendations to the transportation committees of the general assembly concerning: The governance structure and compensation of the RTD board and executive leadership; Paratransit services within RTD; The representation of local governments and state agencies within RTD; and RTD's labor and workforce standards and workforce retention. The act also makes changes to the information that an eligible entity is required to provide to the clean transit enterprise after being awarded money from the local transit operations cash fund. For the 2025-26 state fiscal year, $146,720 is appropriated from the general fund to the office of the governor for use by the Colorado energy office for program administration. (Note: This summary applies to this bill as enacted.)