Rep. Rebekah Stewart

The act directs the Colorado disability opportunity office to develop a comprehensive community integration plan (plan) for implementing its obligation to provide qualified individuals with disabilities with opportunities to live, work, and be served in the least restrictive settings possible. The act requires the plan to include specified elements and that the plan must be reviewed and updated every 3 years. The act establishes that public and governmental entities (entities) shall administer services, programs, and activities in the most integrated setting that is appropriate to the needs of individuals with disabilities. The act establishes when entities are required to provide home- and community-based services (services) to qualified individuals with disabilities. If an entity cuts services, the act requires the entity to assess whether the service cut increases the risk of institutionalization for qualified individuals with a disability receiving services. An entity is not required to comply with the provisions of the act if it can establish that doing so would require a fundamental alteration of its program. The act does not create a new private right of action for entities that fail to comply with it and does not create a standard different than federal law. The bill appropriates $658,410 from the disability support fund to the department of labor and employment for the Colorado disability opportunity office to implement the act. (Note: This summary applies to this bill as enacted.)

In the 2024 regular legislative session, the general assembly enacted Senate Bill 24-005, concerning the conservation of water in the state through the prohibition of certain landscaping practices, which: Prohibits a local entity, on and after January 1, 2026, from installing, planting, or placing, or allowing any person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable property within the local entity's jurisdiction; and Requires a local entity, on or before January 1, 2026, to enact or amend its laws regulating new development projects and redevelopment projects on applicable property in accordance with the new requirements. The act expands the definition of "applicable property" to include a multifamily residential housing premises property that includes more than 12 dwelling units (applicable residential real property). The act prohibits a local entity, on and after January 1, 2028, from installing, planting, or placing, or allowing a person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable properties that include multifamily residential housing premises property. The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects to regulate the installation of nonfunctional turf and include consideration of applicable residential real property. The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects within the local entity's jurisdiction to regulate the installation of turf to reduce irrigation water demand for all residential real property that is not applicable residential real property. Local entities must also regulate the installation of turf when enacting or amending its laws on and after January 1, 2028, to reduce irrigation water demand for all residential real property that is not applicable residential real property. (Note: This summary applies to this bill as enacted.)

Current law includes a pilot program for complementary and alternative medicine in the department of health care policy and financing (department) for an eligible person with a disability. The act converts the pilot program into an ongoing program and changes the name of the program to the "complementary and integrative health program" (program). The act extends the program to September 1, 2030, and clarifies that the program covers persons with a primary condition of multiple sclerosis, a brain injury, spina bifida, muscular dystrophy, or cerebral palsy when one of these diagnoses directly results in a total inability for independent ambulation. For the 2025-26 state fiscal year, the act appropriates $66,637 to the department from the general fund. The department may use $65,487 for personal services and $1,150 for operating expenses. This appropriation is based on the assumption that the department will receive $66,637 in federal funds for these services. For the 2025-26 state fiscal year, the act appropriates an additional $1,214,019 to the department from the general fund. The department may use the appropriation for medical and long-term care services for medicaid eligible individuals. This appropriation is based on the assumption that the department will receive $1,214,019 in federal funds for these services. (Note: This summary applies to this bill as enacted.)

The act eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process. VETOED by Governor 5/16/2025(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 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.)

Subject to local voter approval, the act increases the maximum allowed rate of a county lodging tax levied on the purchase price paid or charged to persons for rooms or accommodations from 2% to 6% and expands the allowed uses of lodging tax revenue to include: Public infrastructure maintenance or improvements; or Enhancing public safety measures by funding local law enforcement, fire protection services, and emergency medical services. If a county received voter approval before January 1, 2025, to specifically allocate portions of revenue from the lodging tax to allowed uses for designated purposes, the act clarifies how those previously approved allocations are preserved and how revenue attributable to an increase in the tax rate may be allocated by the county. (Note: This summary applies to this bill as enacted.)

Section 1 of the act defines a "major political party vacancy election", which is an election that is conducted as part of an odd-year coordinated election to fill a vacancy in the general assembly. Section 2 requires that a vacancy committee that is selected by a state senatorial central committee or state representative central committee consist of, in addition to the members of the state senatorial or state representative central committee, any county commissioners who are members of the political party and reside within the state senatorial or state representative district. Section 2 also provides that if a vacancy in the office of precinct committee person is filled, the new appointee shall not participate in the vacancy committee process to fill a vacancy in the general assembly until, at the earliest, 91 days after appointment. For a major political party vacancy election that is part of an odd-year coordinated election for which the state has not otherwise certified any statewide ballot content, section 3 requires the state to reimburse each county in which the state has certified a major political party vacancy election for 45% of the costs that the county incurs in conducting the coordinated election. Section 4 modifies the way that vacancies in the general assembly are filled when the vacating member is affiliated with a major political party by requiring that, if the vacancy occurs on or after July 31 of an even-numbered year and before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next odd-numbered year coordinated election, when the vacancy must be filled at the odd-year November election (major political party vacancy election); except that, if the vacant seat is scheduled to be on the ballot at the next general election in an even-numbered year and the vacancy occurs on or after July 31 of that even-numbered year but before 90 days remain in the vacant term, the remainder of the vacant term must be filled by a vacancy committee. The candidate elected in the major political party vacancy election serves until the next general election, when the vacancy must be filled by election. If a vacancy in the general assembly occurs on or after July 31of an odd-numbered year and before July 31 of an even-numbered year and the vacating member is affiliated with a major political party, no major political party vacancy election is held and the vacancy is filled by a vacancy committee. The only candidates who may run in a major political party vacancy election are candidates who are members of the same political party and residents of the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. The only voters who may vote in the major political party vacancy election are voters who are unaffiliated or are members of the same political party as the former member of the general assembly whose seat is vacant and who reside in the same representative or senatorial district represented by the former member of the general assembly whose seat is vacant. A candidate must be placed on the ballot for a major political party vacancy election only if the candidate: Files with the secretary of state and the candidate's major political party before 5 p.m. on the seventieth day preceding the major political party vacancy election, a nominating statement signed by 30% of the district vacancy committee members; or Submits to the secretary of state, no later than 30 days after their petition format has been approved or 85 days prior to the major political party vacancy election, whichever is sooner, a notarized candidate's statement of intent and a petition signed by at least 200 electors who are affiliated with the same major political party as the candidate and are eligible to vote in the district for which the candidate is to be elected. If a vacancy committee member signs a nominating statement after having signed another nominating statement filed for the same office in the same major political party election, the vacancy committee member's signature only counts toward the 30% of applicable vacancy committee member signatures required on the first nominating statement submitted that contains the signature. If an eligible elector signs a petition after having signed another petition submitted for the same office in the same major political party election, the elector's signature only counts toward the 200 elector signatures required on the first petition submitted that contains the signature. Section 4 also provides that a major political party may choose to continue to fill a vacancy in the general assembly by vacancy committee rather than by a major political party vacancy election if at least 75% of the total voting membership of the party's state central committee affirmatively votes to do so, and requires vacancy committee meetings to fill vacancies in the general assembly to be accessible in real time by live streaming video or audio that is recorded and accessible to the public. Section 5 defines a vacancy contender for the purpose of campaign finance regulations as any person who seeks to be selected by a vacancy committee to fill a vacancy in the general assembly (vacancy contender) and adds vacancy contenders and candidates running in major political party vacancy elections to the definition of candidate for the purpose of campaign finance regulations. Section 6 establishes contribution limits for a candidate committee established in the name of a candidate who is a vacancy contender and a candidate who is running for a major political party vacancy election. Section 7 requires disclosures for contributions related to vacancy contenders and candidates running for a major political party vacancy election. Disclosures for vacancy contenders must be filed on the Monday of each week during the election cycle for the vacancy committee selection process. Disclosures for candidates running for a major political party vacancy election must be filed on the first day of each month beginning the sixth full month before the major political party vacancy election; on the first Monday in September and on each Monday every 2 weeks thereafter before the major political party vacancy election; and 35 days after the major political party vacancy election. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado Voting Rights Act (state voting rights act) and modifies certain election-related statutes in the following areas: Tribal voting; Ensuring voter access to methods of selecting candidates for the general election; Restrictions on electioneering and election-related activity near voting locations; Election and voting notices in facilities serving individuals with disabilities; Recounts; Election-related language access; and Election-related data collection. Creation of the state voting rights act. The act creates the state voting rights act, which prohibits political subdivisions from: Engaging in voter suppression by taking any action that results in, will result in, or is intended to result in a material disparity between electors who are members of a protected race, color, or language minority group or other minority reporting group (protected class members) and other eligible electors in regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process; Engaging in voter dilution by enacting or employing any method of election that has the effect of, or is motivated in part by the intention of, disparately impairing the opportunity or ability of protected class members to elect the candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of protected class members ; Implementing, imposing, or enforcing a voting qualification or another prerequisite to voting based on an individual's actual or perceived gender identity, gender expression, or sexual orientation; or Implementing, imposing, or enforcing an additional voting qualification or another prerequisite to voting based on an individual's confinement to a local jail, other than those eligibility qualifications that already exist. An aggrieved individual or organization (aggrieved person) may file a civil suit alleging voter suppression; voter dilution; an unlawful voting prerequisite based on gender identity, gender expression, or sexual orientation; or an unlawful voting prerequisite based on confinement to a local jail. The attorney general may investigate potential violations of the act and may file suit to enforce the act or may intervene in an aggrieved individual's or organization's civil suit. Except under specific circumstances, before filing suit, an aggrieved person or the attorney general must send a notification letter describing the alleged violation of the act to the political subdivision. The political subdivision is given 60 or 180 days to adopt a resolution providing for a solution to the alleged violation. Tribal voting. The act clarifies that an identification card, which need not contain a photograph, that is issued by the federal bureau of Indian affairs, Indian health service, or any other federal agency that issues identification certifying tribal membership and that includes an address in Colorado constitutes a valid identification for registration purposes and, upon request of a tribal council, requires a county to establish a drop box, rather than a drop-off location as was previously the case, within the boundaries of a federal reservation. Ensuring voter access to methods of selecting candidates for a general election. The act requires each major political party to ensure that any future alternative process by which a party may select candidates for a general election allows voters not able to attend in person to participate to the same extent as those voting in person, including requiring a process for individuals to vote that does not require in-person voting. Restrictions on electioneering and election-related activity near voting locations. The act clarifies that the restrictions on electioneering and election-related activity conducted within 100 feet of a polling location or drop-off location also apply to drop boxes. Election and voting notices in facilities serving individuals with disabilities. The act imposes a requirement on specified care facilities that provide services primarily to individuals with disabilities to publicly display, in each building in which they serve clients, notices related to voting during the 30 days preceding a general or coordinated election. Recounts. Before a recount, a canvass board has been required to test at least one ballot scanner with a group of 10 test ballots marked by at least 2 canvass board members of different party affiliations. The act changes this process so that each canvass board member, other than the clerk, must separately mark their own group of 10 test ballots. The act also clarifies the duties of a canvass board and a county clerk and recorder in conducting a recount. Election-related language access. The act expands existing requirements for the creation of multilingual ballots from only applying to qualifying counties to also applying to qualifying municipalities. The county clerk and recorder for a county that meets certain requirements for the population or percentage of the voting-age population within the relevant jurisdiction who are minority language speakers and who speak English less than very well has been required to provide multilingual ballots. The act requires a municipal clerk to provide multilingual ballot access if the municipality has a population of at least 3,000 and the municipality exists partially or wholly within a county covered by the existing multilingual ballot requirements. Election-related data collection. The act requires the secretary of state to collect, maintain, and make publicly available data related to elections, including demographics, election results, and voting information. After each election, political subdivisions are required to submit election-related information to the secretary of state. The department of local affairs is also required to annually provide certain demographic information to the secretary of state. The act also changes current law from allowing a custodian of records to deny the right of inspection of certain records and information maintained by the department of revenue to requiring the denial of such inspection. For the 2025-26 fiscal year, $75,432 is appropriated from the department of state cash fund to the department of state for use by the elections division for implementation of the act. The act applies to elections and election-related activities occurring on or after January 1, 2026. (Note: This summary applies to this bill as enacted.)