Sen. William Lindstedt

The act: Amends the definition of "employer" for purposes of wage and hour laws to include an individual who owns or controls at least 25% of the ownership interest in an employer; Prohibits an employer from making a payroll deduction below a worker's applicable minimum wage; Allows the director of the division of labor standards and statistics (division) to waive the penalty for an employer's failure to pay claimed wages or compensation within 14 days after a written demand if certain specified conditions are met; and Requires a court to find that an employee pursued a wage claim that lacked substantial justification before awarding an employer reasonable costs and attorney fees in a civil action for unpaid wages or compensation. In such an action, the court may pursue all equitable relief to deter future violations and prevent unjust enrichment. Current law limits the ability of the director of the division to adjudicate claims for nonpayment of wages or compensation to $7,500 or less. The act increases this threshold over the years by increasing the maximum amount to $13,000 for claims filed from July 1, 2026, through December 31, 2027, and in an amount specified by the director of the division to adjust for inflation beginning January 1, 2028. The act also requires the division, in adjudicating wage claims, to determine whether a violation is willful. For each violation: The director shall publish on the division's website the names of all employers found to be in violation and whether the violation was willful; and If the violation was willful and is not remedied within 60 days after the division's finding that there was a violation, the division must notify all government bodies with the authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential of the unremedied willful violation. Additionally, the division may report an employer found to have violated a law related to wages and hours to any government body with authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential. The act also repeals language requiring the division to issue a determination on a wage complaint within 90 days and clarifies that a city or county may enact and enforce wage laws within the city or county's jurisdiction. An employer found to have misclassified an employee as a nonemployee must pay a fine in the following amounts, in addition to any other relief ordered: For a willful violation, $5,000; For a violation not remedied within 60 days after the division's finding, $10,000; For a second or subsequent willful violation within 5 years, $25,000; or For a second or subsequent willful violation not remedied within 60 days after the division's finding, $50,000. The director of the division must adjust these fine amounts for inflation by January 1, 2028, and every other year thereafter. The act also decreases the amount of time the division must wait before paying an employee out of the wage theft enforcement fund from 6 months to 120 days. Current law prohibits an employer from discriminating or retaliating against an employee for taking protection under wage and hour laws or the law related to the employment of minors. The act expands this provision to specify additional protected behavior and expands the prohibition to include other persons in addition to employers. The act also: Requires a fact finder to consider the time between an individual's exercise of a protected activity and an employer's adverse action when determining whether an employer has retaliated against the employee or worker; Specifies that it is a violation to use an individual's immigration status to discriminate or retaliate against an employee or worker who has engaged in protected activity; and Allows the division to order reasonable attorney fees and costs after investigating a discrimination or retaliation claim. Between August 1, 2027, and October 1, 2027, the division must report to the joint budget committee on its progress in implementing the act. In state fiscal year 2025-26, $328,210 is appropriated to the department of labor and employment for use by the division to implement the act. (Note: This summary applies to this bill as enacted.)

The act updates energy use benchmarking and performance standard requirements for owners of certain buildings (covered building owners), including: A requirement to meet 2040 performance standards, as adopted by the air quality control commission (commission), in consultation with the Colorado energy office (office) and in consideration of recommendations made by a task force convened by the office; Authorizing an alternative compliance mechanism for covered building owners to comply with certain performance standards; and Updating civil penalties owed for a violation of the benchmarking requirements to an amount up to $577 for a first violation and up to $2,300 for each subsequent violation and, on and after January 1, 2030, updating civil penalties owed for a violation of the performance standard requirements to an amount up to $2,300 for every 30 days that the covered building owner is in violation and up to $5,800 for every 30 days for a subsequent violation. The commission shall adopt rules to annually adjust the penalty amounts for inflation.The act also creates a building decarbonization enterprise (enterprise) to provide financial assistance, technical assistance, and other programmatic assistance to covered building owners to effectively and efficiently implement building decarbonization measures, including energy efficiency measures, electrification measures, energy upgrades, and participation in utility on-bill repayment programs. The enterprise is authorized to impose and collect from covered building owners an annual building decarbonization fee to cover the enterprise's costs in providing the financial, technical, and programmatic assistance. The fees are credited to the building decarbonization enterprise cash fund (cash fund) for use by the enterprise to implement the act.The act clarifies that a local government is not required to adopt an energy code solely as a result of having adopted a wildfire resiliency code.For state fiscal year 2025-26, $3 million is appropriated from the cash fund to the office of the governor for use by the office for the enterprise's implementation of the act.(Note: This summary applies to this bill as enacted.)

Under current law, it is illegal for a person to possess a firearm if the person was convicted of or adjudicated for certain felonies. The act adds motor vehicle theft in the first degree to the list of violations that prohibit a person from possessing a firearm. The act allows a person to petition a court for an order determining that a person may legally possess, use, or carry a firearm if 10 years have passed since the final disposition of criminal proceedings or release of the person from supervision in relation to their conviction concerning motor vehicle theft in the first degree. (Note: This summary applies to this bill as enacted.)

The act extends the availability of the advanced industry investment tax credit (credit), which can be claimed by a qualified investor that makes a qualified investment in a qualified small business that is in an advanced industry, from December 31, 2026, through December 31, 2031. The act expands the definition of "qualified investment" by eliminating prohibitions against a qualified investor having more than 30% of the voting power in a qualified small business before the investor makes a qualified investment in the qualified small business and more than 49% of the voting power in a qualified small business after making a qualified investment in the qualified small business. The act changes the definition of "qualified investor" by clarifying that an entity subject to income tax may qualify as an investor; except that a C corporation, including any limited liability or other legal entity treated as a C corporation for federal and state income tax purposes, is not a qualified investor. A qualified investor may include a partner, shareholder, or beneficiary that is allocated a credit, but does not include: A person that had control of a qualified small business for 6 months preceding or following the date of the investment in the qualified small business; A founder, employee, or contractor or a spouse of a founder, employee, or contractor of a qualified small business; A person that has invested more than $50,000 in the qualified small business or owns more than 10% of the qualified small business on a fully diluted basis. The act authorizes the Colorado office of economic development (office), which administers the credit, to certify a small business as a qualified small business through October 1, 2031. A small business certified as a qualified small business must report to the office as requested to confirm the certified small business's status as a qualified small business. The office may require a qualified small business to provide information to confirm that a qualified investment has been made in the qualified small business, the intended use of the qualified investment, and the expected number of new employees that will be hired by the qualified small business as a result of the qualified investment. A qualified small business that receives a qualified investment is required to report data relevant to the impact of the credit and development of the qualified small business annually to the office for 5 years following a qualified investment. The office may assess a penalty against a qualified small business that does not meet this reporting requirement. The office may issue $4 million in credits per calendar year for the years through the 2026 calendar year for which the credit is currently available. The act decreases the cap to $2.5 million per calendar year beginning with the 2027 calendar year through the 2031 calendar year. If the qualified investor receiving a credit is a trust, the qualified investor may allocate the credit between the trust and its beneficiaries in any manner determined by the trust. The office shall issue a credit certificate to a trust beneficiary and a trust beneficiary may claim the amount indicated on the credit certificate. (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.)

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.)

The act requires the department of transportation (department), no later than July 1, 2026, and in coordination with local governments and transit agencies, to create a transit and active transportation project inventory that identifies gaps in transit, bicycle, and pedestrian infrastructure and access on state highways and rights-of-way that are controlled and maintained by the department. No later than July 1, 2026, metropolitan planning organizations must create a transit and active transportation project inventory that identifies gaps in transit, bicycle, and pedestrian infrastructure and access within the network of regionally significant roadways and rights-of-way that are typically subject to planning and programming by the metropolitan planning organization. No later than October 31, 2026, the department and the metropolitan planning organizations must present a report to the transportation legislation review committee on the transit and active transportation project inventories (inventories) created, including an assessment of existing and potential funding sources for the projects listed in the inventories. The department and metropolitan planning organizations must update the inventories as part of the planning processes for the regional and statewide transportation plans and must use the inventories to inform those plans, other transit service plans, and transportation improvement programs. No later than July 1, 2026, the department must develop clear definitions for roadway capacity investments and state-of-good-repair investments. No later than December 31, 2025, a local government with a population of 5,000 or more that is within a metropolitan planning organization must submit to its metropolitan planning organization all planned transit, bicycle, and pedestrian projects included in any transportation, capital, or other plan. The act also allows a local government to: Adopt goals for the share of total trips within a specified geographic area completed using certain transportation methods; Submit local transportation demand management strategies to its metropolitan planning organization; and Collaborate with the department, its metropolitan planning organization, and transit agencies to identify unfinished transit, bicycle, and pedestrian projects in certain transit areas and to prioritize such projects based on each project's potential to increase transportation mode choice, project vulnerable road users, reduce vehicle miles traveled and greenhouse gas emissions, and improve access to nondriving transportation options in disproportionately impacted communities. The act also clarifies that the Moffat tunnel improvement district is controlled and managed by the department of transportation rather than the department of local affairs. (Note: This summary applies to this bill as enacted.)