Rep. Gretchen Rydin

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.)

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.)

No later than January 1, 2026, the act requires the department of human services to submit an application to the United States department of agriculture food and nutrition service to implement a restaurant meals program that allows eligible supplemental nutrition assistance program recipients to purchase hot or prepared foods at participating restaurants. (Note: This summary applies to this bill as enacted.)

The act requires a form issued by the state or a local government that requests that the individual completing the form disclose the individual's race or ethnicity to include, in addition to spaces for any other racial or ethnic categories required by the federal office of management and budget, a space to indicate if the individual's race or ethnicity is Middle Eastern, North African, or South Asian. The state and local governments are exempt from the act's requirements if: The demographic data collected in the form is reported by the state or a local government to the federal government; and The federal government rejects or will reject the demographic data reported by the state or a local government because it includes Middle Eastern, North African, or South Asian as a primary demographic category. When exercising the exemption, the state and local governments shall include Middle Eastern, North African, or South Asian as a demographic subcategory of the nonspecific racial category on the form. (Note: This summary applies to this bill as enacted.)

Current law mandates insurance coverage of certain preventive health-care services (preventive services) in accordance with the recommendations of the United States preventive services task force, recommendations established by the advisory committee on immunization practices, or preventive care or screening as provided in the comprehensive guidelines supported by the health resources and services administration in the United States department of health and human services (authorities). The act requires that, in the event that any of these authorities is repealed, modified, or otherwise no longer in effect, the commissioner of insurance may adopt rules that require compliance with the recommendations and comprehensive guidelines regarding the coverage of those preventive services as the recommendations and guidelines existed in January 2025 or that comply with the recommendations of the nurse-physician advisory task force for Colorado health care (NPATCH). The act also tasks the NPATCH with making recommendations regarding updates or modifications to the current list of covered preventive health-care services. (Note: This summary applies to this bill as enacted.)

For construction of multifamily, attached housing of 2 or more units, the act creates the multifamily construction incentive program (program). A builder may chose to participate in the program by: Providing a warranty that covers any defect and damage at no cost to the homeowner for specified periods; Having a third-party inspection performed on the property; and Recording a notice of election to participate in the program in the real property records before the property is offered for sale. For construction defect claims brought for the construction of housing for which the builder is a participant in the program, the act: Requires a claimant to file a certificate of review with the complaint, if the complaint is against an architect or engineer; Limits actions to claims that have resulted in: Actual damage to real or personal property; actual loss of the use of real or personal property; actual bodily injury or wrongful death; an unreasonable reduction in the capability of, or an actual failure of, a building component to perform an intended function or purpose; or an unreasonable risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential property; and Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair. For all construction defect claims, the act: Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; Requires a construction professional who is the defendant in a construction defect action to submit specified information to the claimant; Prohibits an insurer from cancelling, denying, or reducing coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional's offer to repair or settle a construction defect claim; Tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect; Increases the percentage of owners that an executive board of a unit owners' association (executive board) must obtain approval from before initiating a construction defect claim on behalf of the owners from a majority to 65%; and Requires an executive board that is successful in a construction defect claim or settlement to first use the net monetary damages or net proceeds received as a result of the claim to repair the construction defect. The act requires a local government to establish a fast-track approval process for an application for for-sale multifamily condominium projects in order to qualify for assistance from the state affordable housing fund. (Note: This summary applies to this bill as enacted.)

The act provides that, after the state housing board (board) adopts rules about any activity required to undertake or complete the construction or installation of a factory-built nonresidential structure, a factory-built residential structure, or a factory-built tiny home (factory-built structure), the state plumbing board, the state electrical board, and the state fire suppression administrator do not have jurisdiction over and their rules do not apply to a factory-built structure. The advisory committee on factory-built structures and tiny homes (advisory committee) is required to develop regional building codes standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety, to apply the most stringent of these requirements for the construction and installation of factory-built structures, and to develop implementation requirements. The advisory committee must submit the recommended codes and implementation requirements to the board. Any future statewide adopted codes contemplated in statute must be vetted through the advisory committee for consideration for adoption by the board. The act requires that plumbing or electrical installations that connect factory-built structures to external utility sources and that are not considered actions to complete the installation of a factory- built structure as required by a registered installer must be completed by a licenced plumber or electrician under a registered plumbing or electrical contractor. The inspection and inspectors of these installations, other than those authorized to be performed by a registered installer, must be performed by licensed plumbing or electrical inspectors. During the 2026 legislative session, the department of local affairs (department) shall present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the board. The department shall report on the outcomes as part of its 2031 "SMART Act" hearing. On or before July 1, 2026, the board must adopt rules: Establishing regional building code standards from the advisory committee that account for local climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee, which supersede any conflicting ordinance, code, regulation, or other law of a local government unless the local government adopts the rules of the board; Establishing requirements based on the recommendations developed by the advisory committee, including the continued authorization of a local government certified by the division of housing (division) to perform inspections of factory-built structures on behalf of the division and registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site; Covering electrical or plumbing codes required to undertake or complete the construction or installation of a factory-built structure; Allowing the division to contract for third-party review and approval of a final design and construction plan for a factory-built structure on behalf of the division; Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and Requiring the division to cause an audit to be performed on a third party that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller of manufacturer. A county or municipality may not: Enact a regulation that excludes factory-built structures from the county or municipality; Impose more restrictive standards on factory-built structures than those that the county or municipality applies to site-built homes in the same residential zones in the county or municipality; or Enact or enforce a regulation, law, or ordinance affecting the installation or construction of a factory-built structure that is more stringent than a regulation, ordinance, or law that applies to other types of construction. A county or municipality may enact: Land use regulations to the extent that the regulations are applicable to existing similar housing or structures or new site-built housing in the county or municipality; A building code provision for unique public safety requirements unless the provision applies to a factory-built structure; and Rules regulating above-grade site-built components of a factory-built structure. Factory-built homes certified by the division prior to the effective date of the regional building code standards adopted by the board are subject to state or local rules concerning unique public safety requirements related to geographic conditions or wildfire risk relating to the construction and installation of the structures existing before the effective date of the regional building code standards. A county or municipality must comply with the requirements established by the division for factory-built structures and by the United States department of housing and urban development for manufactured homes. The act repeals the ability of local governments to adopt different standards for factory-built housing than those adopted by the division only if: The board adopts rules establishing requirements for factory-built housing based on the recommendations of the advisory committee; and The board notifies the revisor of statutes in writing via email of the adoption of the rules. The act changes the composition of the advisory committee from 15 to 19 members. The membership changes include the: Addition of four members from building code enforcement, each representing a local building department from climate zones 4, 5, 6, and 7, instead of 3 members from building code enforcement; Removal of a member with experience in mechanical engineering or contracting; Substitution of a member who is a licensed electrician who may be employed by the department of regulatory agencies for a member from electrical engineering or contracting; Substitution of a member who is a licensed plumber who may be employed by the department of regulatory agencies for a member from the plumbing industry; Removal of a member from the construction design or producer industry; Substitution of 3 members from factory-built structure construction for 2 members from manufactured housing; Subtraction of one of the 2 current members from the tiny home industry; Addition of one member who is a developer specializing in the use of factory-built structures in projects; Addition of one member from climate resiliency; Addition of one member who is a registered installer; Addition of one member who is a registered seller; and Addition of one member who is an individual representing emergency services or management. The state treasurer shall transfer $600,000 on July 1, 2025, from the innovative housing incentive program fund to the building regulation fund. The act excludes the building regulation fund from the limitations on cash fund reserves. For the 2025-26 state fiscal year, the act appropriates $182,264 from the building regulation fund to the department for use by the division to implement the act. (Note: This summary applies to this bill as enacted.)

Maddy summaryHJR 25-1028 designates Friday, April 25, 2025, as "Sportsmen's Day" in Colorado. This resolution aims to recognize the contributions of Colorado's sportsmen and women to conservation efforts and the state's economy. It also encourages members of the General Assembly to join the Colorado Legislative Sportsmen's Caucus and urges public and private institutions to work with the caucus.