Rep. Lorena García

The act consolidates damages provisions for individuals with disabilities who experience discrimination in places of public accommodation or a violation of their civil rights with the general protections under the "Colorado Anti-Discrimination Act" (CADA) for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA are a court order requiring compliance with the applicable section of CADA, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and a defendant is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if the defendant corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. A defendant that cannot correct the violation in 30 days but shows good faith effort to correct the violation may be allowed up to 3 additional 30-day periods to correct the violation and be entitled to the 50% reduction of the cap on a noneconomic loss or injury award. Additionally, for discriminatory advertising in violation of CADA and as an alternative to seeking redress from the Colorado civil rights commission, a person aggrieved by such violation may bring a civil action and, upon a finding of a violation, is entitled to a court order requiring compliance with the section of CADA prohibiting discriminatory advertising, attorney fees and costs, and either actual monetary damages and damages for noneconomic loss or injury or a statutory fine of $5,000 that is payable to each plaintiff for each violation. An award of damages for noneconomic loss or injury is capped at $50,000, and if a defendant is a small business, it is entitled to a 50% reduction of the cap on a noneconomic loss or injury award if it corrects the violation within 30 days of the complaint being filed and did not knowingly or intentionally make or cause to be made the violation. The act adds the provision of a recommendation letter signed by an individual's treating medical professional recommending testing accommodations as a method for an individual with a disability to demonstrate the need for a testing accommodation on a licensing exam. The act appropriates $100,305 from the legal services cash fund to the department of law to implement the act. (Note: This summary applies to this bill as enacted.)

Colorado law prohibits an insurer from refusing to insure or increasing a premium for a homeowners insurance policy or a dwelling fire insurance policy based on the breed or mixture of breeds of a dog that is kept at a dwelling unless the dog is known to be dangerous or has been declared to be dangerous. The act adds that this provision applies to all residential structures used for a residence and occupied by an owner or renter. The "Colorado Housing Act of 1970" provides financing for building or rehabilitating affordable housing. The act requires each housing development that receives financing to authorize tenants of the affordable housing to own or keep one or 2 dogs or cats, subject to reasonable conditions as defined by the act. (Note: This summary applies to this bill as enacted.)

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.)

The act allows, but does not require, an eligible patient to request from a manufacturer the manufacturer's individualized investigational drug, biological product, or device, which is a drug, biological product, or device that is unique and produced exclusively for use by an individual patient based on the patient's own genetic profile. The manufacturer must be operating within an institution that operates under federal rules for the protection of human subjects. An eligible patient is an individual who has: A life-threatening or severely debilitating illness, as attested to by the patient's treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Received a recommendation from the patient's treating physician; Given written, informed consent for the use of the individualized investigational drug, biological product, or device; and Documentation from the treating physician that the individual meets the definition of "eligible patient". The act authorizes, but does not require, a manufacturer to make the individualized investigational drug, biological product, or device available to an eligible patient at no charge, but the manufacturer may require payment to cover the cost. If any harm is caused to the eligible patient resulting from the use of the individualized investigational drug, biological product, or device, a private right of action cannot be brought against the manufacturer or against any other individual or entity involved in the care of the eligible patient with regard to the eligible patient's use of the individualized investigational drug, biological product, or device, so long as the manufacturer, individual, or entity complied with the law and exercised reasonable care. The act prohibits disciplinary action against a health-care provider's license based on the health-care provider's recommendations regarding the use of the individualized investigational drug, biological product, or device. The act does not affect a health-care insurer's obligation under current law relating to coverage for an insured's participation in a clinical trial. (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.)

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.)

The act allows a person who is 72 years of age or older to choose to temporarily or permanently opt out of jury service. The judge or jury commissioner may require documentation in support of the opt-out of jury service. For the 2025-26 state fiscal year, the act appropriates $10,066 from the general fund to the judicial department for use by the state courts to implement the act. VETOED by Governor May 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.)