Sen. Katie Wallace

Beginning on July 1, 2027, the act adjusts aspects of the necessary document program (program) administered by the office of health equity (office) in the department of public health and environment, which program assists certain populations of Colorado residents with paying the fees to acquire necessary documents related to an individual's identity, citizenship, or other vital statistics. The act clarifies that an individual who is eligible under the program may obtain necessary documents without charge at participating division of motor vehicles locations, participating vital statistics offices, or participating mobile units or from authorized representatives that offer driver's licenses, identification card services, or vital statistics certificates and reports. The act establishes that an individual may self-attest to the individual's eligibility under the program. The act does not change the identity verification requirements that may be required to obtain a necessary document. The act also specifies that, subject to available appropriations, an individual who is eligible for the program is not subject to the fees charged by the department of revenue for driver's licenses or identification cards. The act authorizes the office to seek, accept, and expend gifts, grants, and donations to support the program. (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 amends the "Colorado Mined Land Reclamation Act" and the "Colorado Land Reclamation Act for the Extraction of Construction Materials" to: Contemplate the expedited issuance of reclamation-only permits to persons desiring to conduct reclamation-only operations after September 1, 2025, on less than 5 acres; and Update restrictions and requirements concerning the posting and forfeiture of financial warranties relating to mine reclamation projects. The act prohibits the office of mined land reclamation from issuing a reclamation-only permit to a mining operation at which: Toxic or acidic chemicals used in extractive metallurgical processing are present on site; Acid- or toxic-forming materials will be exposed or disturbed as a result of mining operations; or Uranium is developed or extracted, either by in situ leach mining or by conventional underground or open mining techniques. The act also enacts the "Interstate Mining Compact" and ratifies Colorado's membership in the associated Interstate Mining Commission. (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 reorganizes the plumbing profession definitions into alphabetical order, repeals certain relocated definition provisions, and makes conforming amendments in statutes referencing the relocated definition provisions. (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.)

Individuals applying for hunting or fishing licenses in Colorado must also purchase a Colorado wildlife habitat stamp. The division of parks and wildlife in the department of natural resources uses the money collected from the Colorado wildlife habitat stamp for the benefit of wildlife habitat or access to wildlife habitat in the state. The Colorado wildlife habitat stamp program (program) is scheduled to repeal, subject to a sunset review by the department of regulatory agencies, on July 1, 2027. The act continues the program indefinitely. (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 creates a permit that is issued by the department of transportation (department). The permit authorizes the holder to, for a fee, install or remove tire chains or alternate traction devices at a location designated in the permit. The department may place conditions on the permit concerning the safe and orderly movement of traffic. The department is instructed to avoid issuing permits in a manner that creates a monopoly-type situation for a permit holder at a specific location. The department may charge a fee to issue a permit to an applicant. The fee must be set in an amount to offset the direct and indirect costs of issuing these permits. The department will adopt rules to implement the act. The rules must include: The procedures for issuing a permit, the procedures for revoking a permit, and the qualifications to be issued a permit; and A requirement that the individuals installing tire chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices. A rental car company is required to notify its car renters of the requirements of and penalties for violating the chain law. Colorado law already authorizes the department to close roads during winter weather conditions unless a motor vehicle meets traction equipment requirements. The act also authorizes a 4-wheel-drive vehicle with tires that are imprinted by a manufacturer with a mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are all-weather rated by the manufacturer to travel on roads that the department restricts for winter weather conditions. (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.)