Text of CO HB 1108 (2021)

First Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 21-0253.01 Christy Chase x2008 HOUSE BILL 21-1108 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING UPDATES TO PROHIBITIONS AGAINST GENDER-BASED 101 DISCRIMINATION TO CLARIFY THE INDIVIDUALS WHO ARE 102 INCLUDED IN A PROTECTED CLASS. 103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill amends the definition of "sexual orientation" and adds definitions of the terms "gender expression" and "gender identity". The bill also adds the terms "gender expression" and "gender identity" to statutes prohibiting discrimination against members of a protected class, including statutes prohibiting discriminatory practices in the following HOUSE SPONSORSHIP Esgar, SENATE SPONSORSHIP Moreno, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. areas: ! Membership of the Colorado civil rights commission; ! Employment practices; ! Housing practices; ! Places of public accommodation; ! Publications that advertise places of public accommodation; ! Consumer credit transactions; ! Selection of patients by direct primary health care providers; ! Sales of cemetery plots; ! Membership in labor organizations; ! Colorado labor for public works projects; ! Issuance or renewal of automobile insurance policies; ! The provision of funeral services and crematory services; ! Eligibility for jury service; ! Issuance of licenses to practice law; ! The juvenile diversion program; ! Access to services for youth in foster care; ! Enrollment in a charter school, institute charter school, public school, or pilot school; ! Local school boards' written policies regarding employment, promotion, and dismissal; ! The assignment or transfer of a public school teacher; ! Leasing portions of the grounds of or improvements on the grounds of the Colorado state university - Pueblo and the Colorado school of mines; ! Enrollment or classification of students at private occupational schools; ! Training provided to peace officers concerning the prohibition against profiling; ! Criminal justice data collection; ! Employment in the state personnel system; ! The availability of services for the prevention and treatment of sexually transmitted infections; ! Membership of the health equity commission; ! The availability of family planning services; ! Requirements for managed care programs participating in the state medicaid program and the children's basic health plan; ! The treatment of and access to services by individuals in facilities providing substance use disorder treatment programs; ! Employment practices of county departments of human or social services involving the selection, retention, and HB21-1108 -2- promotion of employees; ! Practices of the Colorado housing and finance authority in making or committing to make a housing facility loan; ! The imposition of occupancy requirements on charitable property for which the owner is claiming an exemption from property taxes based on the charitable use of the property; ! The determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible; and ! Practices of transportation network companies in providing services to the public. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Legislative declaration. The general assembly 2 hereby finds, determines, and declares that nothing in this act is intended 3 to impede or otherwise limit the protections contained in section 4 of 4 article II of the state constitution concerning the free exercise and 5 enjoyment of religious profession and worship. 6 SECTION 2. In Colorado Revised Statutes, 24-34-301, amend 7 (5)(b) and (7); and add (3.3) and (3.5) as follows: 8 24-34-301. Definitions. As used in parts 3 to 8 of this article 34, 9 unless the context otherwise requires: 10 (3.3) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF 11 REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE 12 WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND 13 BEHAVIOR. 14 (3.5) "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE 15 OF THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND 16 WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH. 17 (5) (b) For the purposes of part 5 of this article ARTICLE 34, 18 "person" does not include any private club not open to the public which 19 HB21-1108 -3- THAT, as an incident to its primary purpose or purposes, provides lodgings 1 that it owns or operates for other than a commercial purpose, unless such 2 THE club has the purpose of promoting discrimination in the matter of 3 housing against any person because of disability, race, creed, color, 4 religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 5 marital status, familial status, national origin, or ancestry. 6 (7) "Sexual orientation" means an individual's orientation toward 7 heterosexuality, homosexuality, bisexuality, or transgender status or 8 another individual's perception thereof IDENTITY IN RELATION TO THE 9 GENDER OR GENDERS TO WHICH THE INDIVIDUAL IS SEXUALLY OR 10 EMOTIONALLY ATTRACTED AND THE BEHAVIOR OR SOCIAL AFFILIATION 11 THAT MAY RESULT FROM THE ATTRACTION. 12 SECTION 3. In Colorado Revised Statutes, 24-34-303, amend 13 (1)(b)(II) introductory portion and (1)(b)(II)(A) as follows: 14 24-34-303. Civil rights commission - membership. 15 (1) (b) (II) In addition to the qualifications specified in subsection 16 (1)(b)(I) of this section, the members MEMBERSHIP of the commission 17 must at all times include: 18 (A) At least four members who are members of groups of people 19 who have been or who might be discriminated against because of 20 disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, 21 GENDER EXPRESSION, national origin, ancestry, marital status, religion, or 22 age; and 23 SECTION 4. In Colorado Revised Statutes, 24-34-402, amend 24 (1) introductory portion, (1)(a), (1)(b), (1)(c), (1)(d), and (1)(f) as follows: 25 24-34-402. Discriminatory or unfair employment practices - 26 definition. (1) It shall be IS a discriminatory or unfair employment 27 HB21-1108 -4- practice: 1 (a) For an employer to refuse to hire, to discharge, to promote or 2 demote, to harass during the course of employment, or to discriminate in 3 matters of compensation, terms, conditions, or privileges of employment 4 against any person INDIVIDUAL otherwise qualified because of disability, 5 race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 6 EXPRESSION, religion, age, national origin, or ancestry; but, with regard 7 to a disability, it is not a discriminatory or an unfair employment practice 8 for an employer to act as provided in this paragraph (a) SUBSECTION (1)(a) 9 if there is no reasonable accommodation that the employer can make with 10 regard to the disability, the disability actually disqualifies the person 11 INDIVIDUAL from the job, and the disability has a significant impact on the 12 job. For purposes of this paragraph (a) SUBSECTION (1)(a), "harass" means 13 to create a hostile work environment based upon an individual's race, 14 national origin, sex, sexual orientation, GENDER IDENTITY, GENDER 15 EXPRESSION, disability, age, or religion. Notwithstanding the provisions 16 of this paragraph (a) SUBSECTION (1)(a), harassment is not an illegal act 17 unless a complaint is filed with the appropriate authority at the 18 complainant's workplace and such THE authority fails to initiate a 19 reasonable investigation of a complaint and take prompt remedial action 20 if appropriate. 21 (b) For an employment agency to refuse to list and properly 22 classify for employment or to refer an individual for employment in a 23 known available job for which such THE individual is otherwise qualified 24 because of disability, race, creed, color, sex, sexual orientation, GENDER 25 IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry 26 or for an employment agency to comply with a request from an employer 27 HB21-1108 -5- for referral of applicants for employment if the request indicates either 1 directly or indirectly that the employer discriminates in employment on 2 account of disability, race, creed, color, sex, sexual orientation, GENDER 3 IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry; 4 but, with regard to a disability, it is not a discriminatory or an unfair 5 employment practice for an employment agency to refuse to list and 6 properly classify for employment or to refuse to refer an individual for 7 employment in a known available job for which such THE individual is 8 otherwise qualified if there is no reasonable accommodation that the 9 employer can make with regard to the disability, the disability actually 10 disqualifies the applicant from the job, and the disability has a significant 11 impact on the job; 12 (c) For a labor organization to exclude any individual otherwise 13 qualified from full membership rights in such THE labor organization, or 14 to expel any such AN individual from membership in such THE labor 15 organization, or to otherwise discriminate against any of its members in 16 the full enjoyment of work opportunity because of disability, race, creed, 17 color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 18 religion, age, national origin, or ancestry; 19 (d) For any employer, employment agency, or labor organization 20 to print or circulate or cause to be printed or circulated any statement, 21 advertisement, or publication, or to use any form of application for 22 employment or membership, or to make any inquiry in connection with 23 prospective employment or membership that expresses, either directly or 24 indirectly, any limitation, specification, or discrimination as to disability, 25 race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 26 EXPRESSION, religion, age, national origin, or ancestry or intent to make 27 HB21-1108 -6- any such limitation, specification, or discrimination, unless based upon 1 a bona fide occupational qualification or required by and given to an 2 agency of government for security reasons; 3 (f) For any employer, labor organization, joint apprenticeship 4 committee, or vocational school providing, coordinating, or controlling 5 apprenticeship programs or providing, coordinating, or controlling 6 on-the-job training programs or other instruction, training, or retraining 7 programs: 8 (I) To deny to or withhold from any qualified person INDIVIDUAL 9 because of disability, race, creed, color, sex, sexual orientation, GENDER 10 IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry 11 the right to be admitted to or participate in an apprenticeship training 12 program, an on-the-job training program, or any other occupational 13 instruction, training, or retraining program; but, with regard to a 14 disability, it is not a discriminatory or an unfair employment practice to 15 deny or withhold the right to be admitted to or participate in any such 16 program if there is no reasonable accommodation that can be made with 17 regard to the disability, the disability actually disqualifies the applicant 18 INDIVIDUAL from the program, and the disability has a significant impact 19 on participation in the program; 20 (II) To discriminate against any qualified person INDIVIDUAL in 21 pursuit of such programs or to discriminate against such a person AN 22 INDIVIDUAL in the terms, conditions, or privileges of such programs 23 because of disability, race, creed, color, sex, sexual orientation, GENDER 24 IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry; 25 (III) To print or circulate or cause to be printed or circulated any 26 statement, advertisement, or publication, or to use any form of application 27 HB21-1108 -7- for such programs, or to make any inquiry in connection with such 1 programs that expresses, directly or indirectly, any limitation, 2 specification, or discrimination as to disability, race, creed, color, sex, 3 sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, 4 national origin, or ancestry or any intent to make any such limitation, 5 specification, or discrimination, unless based on a bona fide occupational 6 qualification; 7 SECTION 5. In Colorado Revised Statutes, 24-34-501, amend 8 (3) and (4) as follows: 9 24-34-501. Definitions. As used in this part 5, unless the context 10 otherwise requires: 11 (3) "Person" has the meaning ascribed to such term in section 12 24-34-301 (5) and includes any owner, lessee, proprietor, manager, 13 employee, or any agent of a person; but, for purposes of this part 5, 14 "person" does not include any private club not open to the public which 15 THAT, as an incident to its primary purpose or purposes, provides lodgings 16 that it owns or operates for other than a commercial purpose, unless such 17 THE club has the purpose of promoting discrimination in the matter of 18 housing against any person because of disability, race, creed, color, 19 religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 20 marital status, familial status, national origin, or ancestry. 21 (4) "Restrictive covenant" means any specification limiting the 22 transfer, rental, or lease of any housing because of disability, race, creed, 23 color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER 24 EXPRESSION, marital status, familial status, national origin, or ancestry, or 25 limiting the rental or lease of any housing because of source of income. 26 SECTION 6. In Colorado Revised Statutes, 24-34-502, amend 27 HB21-1108 -8- (1) introductory portion, (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), 1 and (6) as follows: 2 24-34-502. Unfair housing practices prohibited - definitions. 3 (1) It shall be IS an unfair housing practice, and unlawful, and hereby 4 prohibited: 5 (a) For any person to refuse to show, sell, transfer, rent, or lease 6 or to ANY HOUSING; refuse to receive and transmit any bona fide offer to 7 buy, sell, rent, or lease ANY HOUSING; or otherwise make unavailable or 8 deny or withhold from any person such AN INDIVIDUAL ANY housing 9 because of disability, race, creed, color, sex, sexual orientation, GENDER 10 IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, 11 national origin, or ancestry; to discriminate against any person AN 12 INDIVIDUAL because of disability, race, creed, color, sex, sexual 13 orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, 14 familial status, religion, national origin, or ancestry in the terms, 15 conditions, or privileges pertaining to any housing or the transfer, sale, 16 rental, or lease thereof OF HOUSING or in the furnishing of facilities or 17 services in connection therewith WITH HOUSING; or to cause to be made 18 any written or oral inquiry or record concerning the disability, race, creed, 19 color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 20 marital status, familial status, religion, national origin, or ancestry of a 21 person AN INDIVIDUAL seeking to purchase, rent, or lease any housing; 22 however, nothing in this paragraph (a) shall be construed to require 23 SUBSECTION (1)(a) REQUIRES a dwelling to be made available to an 24 individual whose tenancy would constitute a direct threat to the health or 25 safety of other individuals or whose tenancy would result in substantial 26 physical damage to the property of others; 27 HB21-1108 -9- (b) For any person to whom application is made for financial 1 assistance for the acquisition, construction, rehabilitation, repair, or 2 maintenance of any housing to make or cause to be made any written or 3 oral inquiry concerning the disability, race, creed, color, sex, sexual 4 orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, 5 familial status, religion, national origin, or ancestry of a person AN 6 INDIVIDUAL seeking such financial assistance or concerning the disability, 7 race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 8 EXPRESSION, marital status, familial status, religion, national origin, or 9 ancestry of prospective occupants or tenants of such THE housing, or to 10 discriminate against any person INDIVIDUAL because of the disability, 11 race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 12 EXPRESSION, marital status, familial status, religion, national origin, or 13 ancestry of such person THE INDIVIDUAL or prospective occupants or 14 tenants in the terms, conditions, or privileges relating to the obtaining or 15 use of USING any such financial assistance; 16 (d) For any person to make, print, or publish or cause to be made, 17 printed, or published any notice or advertisement relating to the sale, 18 transfer, rental, or lease of any housing that indicates any preference, 19 limitation, specification, or discrimination based on disability, race, creed, 20 color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER 21 EXPRESSION, marital status, familial status, national origin, or ancestry; 22 (g) For any person whose business includes residential real 23 estate-related transactions, which transactions involve the making or 24 purchasing of loans secured by residential real estate or the provisions of 25 PROVIDING other financial assistance for purchasing, constructing, 26 improving, repairing, or maintaining a dwelling or the selling, brokering, 27 HB21-1108 -10- or appraising of residential real property, to discriminate against any 1 person AN INDIVIDUAL in making available such a transaction or in fixing 2 the terms or conditions of such a transaction because of race, creed, color, 3 religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 4 marital status, disability, familial status, or national origin, or ancestry; 5 (h) For any person to deny another person AN INDIVIDUAL access 6 to or membership or participation in any multiple-listing service, real 7 estate brokers' organization, or other service, organization, or facility 8 related to the business of selling or renting dwellings or to discriminate 9 against such person THE INDIVIDUAL in the terms or conditions of such 10 access, membership, or participation on account of race, creed, color, 11 religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 12 disability, marital status, familial status, national origin or ancestry, or 13 source of income; 14 (i) For any person, for profit, to induce or attempt to induce any 15 person to sell or rent any dwelling by representations regarding the entry 16 or prospective entry into the neighborhood of a person or persons ANY 17 INDIVIDUAL of a particular race, color, religion, sex, sexual orientation, 18 GENDER IDENTITY, GENDER EXPRESSION, disability, familial status, creed, 19 national origin, or ancestry; 20 (j) For any person to represent to any other person that any A 21 dwelling is not available for inspection, sale, or rental, when such THE 22 dwelling is in fact available, for the purpose of discriminating against 23 another person ANY INDIVIDUAL on the basis of race, color, religion, sex, 24 sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, disability, 25 familial status, creed, national origin, or ancestry; 26 (6) Nothing in this part 5 shall prohibit PROHIBITS a person 27 HB21-1108 -11- engaged in the business of furnishing appraisals of real property from 1 taking into consideration factors other than race, creed, color, religion, 2 sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital 3 status, familial status, disability, religion, national origin, or ancestry. 4 SECTION 7. In Colorado Revised Statutes, 24-34-601, amend 5 (2)(a) as follows: 6 24-34-601. Discrimination in places of public accommodation 7 - definition. (2) (a) It is a discriminatory practice and unlawful for a 8 person, directly or indirectly, to refuse, withhold from, or deny to an 9 individual or a group, because of disability, race, creed, color, sex, sexual 10 orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, 11 national origin, or ancestry, the full and equal enjoyment of the goods, 12 services, facilities, privileges, advantages, or accommodations of a place 13 of public accommodation or, directly or indirectly, to publish, circulate, 14 issue, display, post, or mail any written, electronic, or printed 15 communication, notice, or advertisement that indicates that the full and 16 equal enjoyment of the goods, services, facilities, privileges, advantages, 17 or accommodations of a place of public accommodation will be refused, 18 withheld from, or denied an individual or that an individual's patronage 19 or presence at a place of public accommodation is unwelcome, 20 objectionable, unacceptable, or undesirable because of disability, race, 21 creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 22 EXPRESSION, marital status, national origin, or ancestry. 23 SECTION 8. In Colorado Revised Statutes, amend 24-34-701 as 24 follows: 25 24-34-701. Publishing of discriminative matter forbidden. 26 (1) No A person being THAT IS the owner, lessee, proprietor, manager, 27 HB21-1108 -12- superintendent, agent, or employee of any place of public 1 accommodation, resort, or amusement directly or indirectly, by himself 2 or herself or through another person shall NOT, DIRECTLY OR INDIRECTLY, 3 publish, issue, circulate, send, distribute, give away, or display in any 4 way, manner, or shape or by any means or method, except as provided in 5 this section, any communication, paper, poster, folder, manuscript, book, 6 pamphlet, writing, print, letter, notice, or advertisement of any kind, 7 nature, or description that: 8 (a) Is intended or calculated to discriminate or actually 9 discriminates against any PERSON OR CLASS OF PERSONS ON ACCOUNT OF 10 disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, 11 GENDER EXPRESSION, marital status, national origin, or ancestry or against 12 any of the members thereof in the matter of furnishing or neglecting or 13 refusing to furnish to them or any one of them any lodging, housing, 14 schooling, or tuition or any accommodation, right, privilege, advantage, 15 or convenience offered to or enjoyed by the general public; or which 16 (b) States that any of the accommodations, rights, privileges, 17 advantages, or conveniences of any such THE place of public 18 accommodation, resort, or amusement shall or will be refused, withheld 19 from, or denied to any person or class of persons on account of disability, 20 race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 21 EXPRESSION, marital status, national origin, or ancestry; or 22 (c) STATES that the patronage, custom, presence, frequenting, 23 dwelling, staying, or lodging at such THE place by any person or class of 24 persons belonging to or purporting to be of any particular disability, race, 25 creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER 26 EXPRESSION, marital status, national origin, or ancestry is unwelcome or 27 HB21-1108 -13- objectionable or not acceptable, desired, or solicited. 1 SECTION 9. In Colorado Revised Statutes, 2-4-401, amend (3.5) 2 and (13.5); and add (3.2) and (3.4) as follows: 3 2-4-401. Definitions. The following definitions apply to every 4 statute, unless the context otherwise requires: 5 (3.2) "FELONY" INCLUDES A DRUG FELONY DESCRIBED IN ARTICLE 6 18 OF TITLE 18. 7 (3.4) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF 8 REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE 9 WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND 10 BEHAVIOR. 11 (3.5) "Felony" includes a drug felony described in article 18 of 12 title 18, C.R.S. "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE 13 SENSE OF THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT 14 CORRESPOND WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH. 15 (13.5) "Sexual orientation" means a person's orientation toward 16 heterosexuality, homosexuality, bisexuality, or transgender status or 17 another person's perception thereof AN INDIVIDUAL'S IDENTITY IN 18 RELATION TO THE GENDER OR GENDERS TO WHICH THE INDIVIDUAL IS 19 SEXUALLY OR EMOTIONALLY ATTRACTED AND THE BEHAVIOR OR SOCIAL 20 AFFILIATION THAT MAY RESULT FROM THE ATTRACTION. 21 SECTION 10. In Colorado Revised Statutes, amend 5-3-210 as 22 follows: 23 5-3-210. Discrimination prohibited - exemption. No A 24 consumer credit transaction regulated by this code shall NOT be denied 25 any person, nor shall terms and conditions be made more stringent, on the 26 basis of discrimination, solely because of disability, race, creed, religion, 27 HB21-1108 -14- color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 1 marital status, national origin, or ancestry. This section shall DOES not 2 apply to any consumer credit transaction made or denied by a seller, 3 lessor, or lender whose total original unpaid balances arising from 4 consumer credit transactions for the previous calendar year are less than 5 one million dollars. 6 SECTION 11. In Colorado Revised Statutes, 6-23-104, amend 7 (1) as follows: 8 6-23-104. Direct primary health care providers - prohibitions. 9 (1) A direct primary health care provider may not discriminate in the 10 selection of patients on the basis of age, citizenship status, color, 11 disability, gender, or gender identity, GENDER EXPRESSION, genetic 12 information, health status, national origin, race, religion, sex, sexual 13 orientation, or any other protected class. 14 SECTION 12. In Colorado Revised Statutes, amend 6-24-110 as 15 follows: 16 6-24-110. Discrimination. There shall be no limitation, 17 restriction, or covenant based upon race, color, sex, sexual orientation, 18 GENDER IDENTITY, GENDER EXPRESSION, marital status, disability, national 19 origin, or ancestry on the size, placement, location, sale, or transfer of any 20 cemetery grave space, niche, or crypt or in the interment of a deceased 21 person. 22 SECTION 13. In Colorado Revised Statutes, 8-3-102, amend 23 (1)(d) as follows: 24 8-3-102. Legislative declaration. (1) The public policy of the 25 state as to employment relations and collective bargaining, in the 26 furtherance of which this article 3 is enacted, is declared to be as follows: 27 HB21-1108 -15- (d) All rights of persons to join labor organizations or unions and 1 their rights and privileges as members thereof OF LABOR ORGANIZATIONS 2 OR UNIONS should be recognized, safeguarded, and protected. No A 3 person shall NOT be denied membership in a labor organization or union 4 on account of race, creed, color, religion, sex, sexual orientation, GENDER 5 IDENTITY, GENDER EXPRESSION, marital status, disability, national origin, 6 OR ancestry or by any unfair or unjust discrimination. A LABOR 7 ORGANIZATION OR UNION SHALL NEITHER REQUIRE arbitrary or excessive 8 initiation fees and dues shall not be required, nor shall IMPOSE excessive, 9 unwarranted, arbitrary, or oppressive fines, penalties, or forfeitures. be 10 imposed. The members are entitled to full and detailed reports from their 11 officers, agents, or representatives of all financial transactions and shall 12 have the right to elect officers by secret ballot and to determine and vote 13 upon the question of striking, not striking, and other questions of policy 14 affecting the entire membership. 15 SECTION 14. In Colorado Revised Statutes, 8-17-101, amend 16 (2)(a) as follows: 17 8-17-101. Colorado labor employed on public works - 18 definitions. (2) As used in this article 17: 19 (a) "Colorado labor" means any person who is a resident of the 20 state of Colorado, at the time of the public works project, without 21 discrimination as to race, color, creed, sex, sexual orientation, GENDER 22 IDENTITY, GENDER EXPRESSION, marital status, national origin, ancestry, 23 age, or religion except when sex, GENDER, or age is a bona fide 24 occupational qualification. A resident of the state of Colorado is a person 25 who can provide a valid Colorado driver's license, a valid Colorado 26 state-issued photo identification, or documentation that he or she THE 27 HB21-1108 -16- PERSON has resided in Colorado for the last thirty days. 1 SECTION 15. In Colorado Revised Statutes, 10-4-626, amend 2 (1) as follows: 3 10-4-626. Prohibited reasons for nonrenewal or refusal to 4 write policy of automobile insurance applicable to this part 6. (1) No 5 AN insurer authorized to transact or transacting business in this state shall 6 NOT refuse to write or refuse to renew a policy of insurance affording the 7 coverage required by operation of section 10-4-620 solely because of the 8 age, race, creed, color, religion, sex, sexual orientation, GENDER 9 IDENTITY, GENDER EXPRESSION, national origin, ancestry, residence, 10 marital status, or lawful occupation, including the military service, of 11 anyone who is or seeks to become insured or solely because another 12 insurer has canceled a policy or refused to write or renew such policy. 13 The commissioner shall administer and enforce this subsection (1). 14 SECTION 16. In Colorado Revised Statutes, 12-135-105, amend 15 (1)(b) as follows: 16 12-135-105. Unlawful acts. (1) It is unlawful: 17 (b) To discriminate because of race, creed, color, religion, 18 disability, sex, sexual orientation, GENDER IDENTITY, GENDER 19 EXPRESSION, marital status, national origin, or ancestry in the provision 20 of funeral services; 21 SECTION 17. In Colorado Revised Statutes, 12-135-301, amend 22 (1)(a) as follows: 23 12-135-301. Unlawful acts. (1) It is unlawful for a crematory: 24 (a) To discriminate because of race, creed, color, religion, sex, 25 marital status, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 26 or national origin in the provision of funeral services; 27 HB21-1108 -17- SECTION 18. In Colorado Revised Statutes, 13-71-104, amend 1 (3)(a) as follows: 2 13-71-104. Eligibility for juror service - prohibition of 3 discrimination. (3) (a) No A person shall NOT be exempted or excluded 4 from serving as a trial JUROR or grand juror because of race, color, 5 religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, 6 marital status, national origin, ancestry, economic status, or occupation. 7 SECTION 19. In Colorado Revised Statutes, amend 13-93-102 8 as follows: 9 13-93-102. No discrimination - issuance of license. No A person 10 shall be denied NOT DENY AN INDIVIDUAL a license to practice on account 11 of race, creed, color, religion, disability, age, sex, sexual orientation, 12 GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or 13 ancestry. 14 SECTION 20. In Colorado Revised Statutes, 19-2-303, amend 15 (4)(c)(III) as follows: 16 19-2-303. Juvenile diversion program - authorized - report - 17 legislative declaration - definitions. (4) District attorneys' offices or 18 their designees shall: 19 (c) Not deny diversion to a juvenile based on the juvenile's: 20 (III) Age, race or ethnicity, gender, GENDER IDENTITY, GENDER 21 EXPRESSION, or sexual orientation; or 22 SECTION 21. In Colorado Revised Statutes, 19-7-101, amend 23 (1)(t) as follows: 24 19-7-101. Legislative declaration. (1) The general assembly 25 finds and declares that youth in foster care, excluding those in the custody 26 of the division of youth services or a state hospital for persons with 27 HB21-1108 -18- mental health disorders, should enjoy the following: 1 (t) Having fair and equal access to available services, placement, 2 care, treatment, and benefits based on his or her EACH YOUTH'S treatment 3 plan and not being subjected to discrimination or harassment on the basis 4 of actual or perceived race, ethnic group, national origin, religion, sex, 5 sexual orientation, gender identity, GENDER EXPRESSION, mental or 6 physical disability, or HIV status; 7 SECTION 22. In Colorado Revised Statutes, 22-30.5-104, 8 amend (3)(a) as follows: 9 22-30.5-104. Charter school - requirements - authority - rules 10 - definitions. (3) (a) A charter school is subject to all federal and state 11 laws and constitutional provisions prohibiting discrimination on the basis 12 of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, 13 GENDER EXPRESSION, national origin, religion, ancestry, or need for 14 special education services. A charter school is subject to any 15 court-ordered desegregation plan in effect for the chartering school 16 district. Enrollment in a charter school must be open to any child who 17 resides within the school district; except that a charter school is not 18 required to make alterations in the structure of the facility used by the 19 charter school or to make alterations to the arrangement or function of 20 rooms within the facility, except as may be required by state or federal 21 law. Enrollment decisions shall be made in a nondiscriminatory manner 22 specified by the charter school applicant in the charter school application. 23 SECTION 23. In Colorado Revised Statutes, 22-30.5-507, 24 amend (3)(a) as follows: 25 22-30.5-507. Institute charter school - requirements - 26 authority - rules - definitions. (3) (a) An institute charter school is 27 HB21-1108 -19- subject to all federal and state laws and constitutional provisions 1 prohibiting discrimination on the basis of disability, race, creed, color, 2 sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national 3 origin, religion, ancestry, or need for special education services. 4 Enrollment in an institute charter school must be open to any child who 5 resides within the state; except that an institute charter school is not 6 required to make alterations in the structure of the facility used by the 7 institute charter school or to make alterations to the arrangement or 8 function of rooms within the facility, except as may be required by state 9 or federal law. Enrollment decisions shall be made in a nondiscriminatory 10 manner specified by the applicant in the institute charter school 11 application. 12 SECTION 24. In Colorado Revised Statutes, 22-32-109, amend 13 (1)(ll)(I)(A) as follows: 14 22-32-109. Board of education - specific duties - definitions. 15 (1) In addition to any other duty required to be performed by law, each 16 board of education has the following specific duties: 17 (ll) (I) To adopt written policies specifying that: 18 (A) The schools in the district are subject to all federal and state 19 laws and constitutional provisions prohibiting discrimination on the basis 20 of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, 21 GENDER EXPRESSION, national origin, religion, ancestry, or need for 22 special education services; 23 SECTION 25. In Colorado Revised Statutes, 22-32-110, amend 24 (1)(k)(I) as follows: 25 22-32-110. Board of education - specific powers - definitions. 26 (1) In addition to any other power granted to a board of education of a 27 HB21-1108 -20- school district by law, each board of education of a school district has the 1 following specific powers, to be exercised in its judgment: 2 (k) (I) To adopt written policies, rules, and regulations, not 3 inconsistent with law, that may relate to the efficiency, in-service training, 4 professional growth, safety, official conduct, and welfare of the 5 employees, or any classification thereof, of the district. The practices of 6 employment, promotion, and dismissal shall be unaffected by the 7 employee's religion, creed, color, sex, sexual orientation, GENDER 8 IDENTITY, GENDER EXPRESSION, marital status, racial or ethnic 9 background, national origin, ancestry, or participation in community 10 affairs. 11 SECTION 26. In Colorado Revised Statutes, 22-38-104, amend 12 (1)(d)(I) as follows: 13 22-38-104. Pilot schools - requirements - authority - 14 definitions. (1) The state board may provide for the establishment and 15 operation of not more than one full-time residential pilot school and not 16 more than three year-round nonresidential pilot schools pursuant to the 17 following provisions: 18 (d) (I) A pilot school is subject to all federal and state laws and 19 constitutional provisions prohibiting discrimination on the basis of 20 disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, 21 GENDER EXPRESSION, national origin, religion, or ancestry. Enrollment 22 decisions shall be made in a nondiscriminatory manner specified by the 23 pilot school applicant in the pilot school application. 24 SECTION 27. In Colorado Revised Statutes, 22-63-206, amend 25 (1)(a) as follows: 26 22-63-206. Transfer - compensation - definitions. (1) (a) A 27 HB21-1108 -21- teacher may be transferred upon the recommendation of the chief 1 administrative officer of a school district from one school, position, or 2 grade level to another within the school district, if the transfer does not 3 result in the assignment of the teacher to a position of employment for 4 which the teacher is not qualified by virtue of academic preparation and 5 certification and if, during the then-current school year, the amount of 6 salary of the teacher is not reduced except as otherwise provided in 7 subsections (2) and (3) of this section. There shall be no discrimination 8 shown toward any teacher in the assignment or transfer of that teacher to 9 a school, position, or grade because of sex, sexual orientation, GENDER 10 IDENTITY, GENDER EXPRESSION, marital status, race, creed, color, religion, 11 national origin, ancestry, or membership or nonmembership in any group 12 or organization. 13 SECTION 28. In Colorado Revised Statutes, 23-31.5-110, 14 amend (1) as follows: 15 23-31.5-110. Additional powers of board. (1) The board of 16 governors of the Colorado state university system has the power to lease 17 portions of the grounds of the Colorado state university - Pueblo to 18 private persons and corporations for the construction of dormitory, living, 19 dining, or cottage buildings and to rent, lease, maintain, operate, and 20 purchase such THOSE buildings at such THE university, all in the manner 21 provided by and subject to the limitations contained in sections 23-56-105 22 to 23-56-111; except that none of such THE grounds or improvements 23 shall be used in any manner that discriminates against anyone because of 24 race, creed, color, religion, national origin, ancestry, sex, or sexual 25 orientation, GENDER IDENTITY, OR GENDER EXPRESSION. 26 SECTION 29. In Colorado Revised Statutes, 23-41-104, amend 27 HB21-1108 -22- (2) as follows: 1 23-41-104. Control - management. (2) The board of trustees has 2 the power to MAY lease, for terms not exceeding eighty years, real or 3 personal property, or both, to state or federal governmental agencies, 4 persons, or entities, public or private, for the construction, use, operation, 5 maintenance, and improvement of research and development facilities, 6 health and recreation facilities, dormitories, and living, dining, and group 7 housing buildings and facilities or for any of such purposes and to buy 8 land and construct buildings and facilities therefor. None of NEITHER the 9 grounds so leased nor any of the improvements constructed thereon ON 10 THE GROUNDS shall be used in any manner that discriminates against 11 anyone because of race, creed, color, religion, national origin, ancestry, 12 sex, or sexual orientation, GENDER IDENTITY, OR GENDER EXPRESSION. 13 The board of trustees has the power to MAY borrow money in conjunction 14 with such THE construction and leases and to assist in effecting any of 15 such THOSE purposes. Any actions taken prior to May 27, 1965, by the 16 board of trustees consistent with any power granted in this subsection (2) 17 are ratified and validated. 18 SECTION 30. In Colorado Revised Statutes, 23-64-112, amend 19 (1)(s) as follows: 20 23-64-112. Minimum standards. (1) In establishing the criteria 21 required by section 23-64-108 (1)(a), (1)(b), and (1)(j), the board shall 22 observe and require compliance with at least the following minimum 23 standards for all schools: 24 (s) That the school shall not deny enrollment of a student or make 25 any distinction or classification of students on account of race, color, 26 creed, religion, national origin, ancestry, sex, sexual orientation, GENDER 27 HB21-1108 -23- IDENTITY, GENDER EXPRESSION, or marital status. 1 SECTION 31. In Colorado Revised Statutes, 24-31-309, amend 2 (2) introductory portion as follows: 3 24-31-309. Profiling - officer identification - training - 4 definition. (2) Definition. For purposes of this section, "profiling" 5 means the practice of relying solely on race, ethnicity, gender, national 6 origin, language, religion, sexual orientation, gender identity, GENDER 7 EXPRESSION, age, or disability in: 8 SECTION 32. In Colorado Revised Statutes, 24-33.5-517, 9 amend (1)(a) as follows: 10 24-33.5-517. Criminal justice data collection - definitions - 11 repeal. (1) Any state or local law enforcement agency that employs a 12 peace officer who is involved in an officer-involved shooting that results 13 in a person suspected of criminal activity being shot at by the officer shall 14 report the following information to the division, in a format specified by 15 the division: 16 (a) If known, the age, gender, sexual orientation, GENDER 17 IDENTITY, GENDER EXPRESSION, race, ethnicity, and medically 18 documented physical or mental disability of the suspect; 19 SECTION 33. In Colorado Revised Statutes, 24-50-112.5, 20 amend (1)(b)(I) as follows: 21 24-50-112.5. Selection system - definitions. 22 (1) (b) (I) Appointments and promotions to positions shall be based on 23 a fair and open comparative analysis of candidates based on objective 24 criteria. Selections shall be made without regard to race, color, creed, 25 religion, national origin, ancestry, age, sexual orientation, GENDER 26 IDENTITY, GENDER EXPRESSION, marital status, or political affiliation and 27 HB21-1108 -24- without regard to sex or disability except as otherwise provided by law. 1 SECTION 34. In Colorado Revised Statutes, 25-4-401, amend 2 (1)(b) as follows: 3 25-4-401. Legislative declaration. (1) The general assembly 4 declares that: 5 (b) Coloradans have a right to receive accurate, confidential, and 6 timely information to make informed decisions that promote their 7 individual physical and mental health and well-being. This right applies 8 to all Coloradans, regardless of geographic location, ethnic or racial 9 background, income, ability, gender, gender identity, GENDER 10 EXPRESSION, or sexual orientation. 11 SECTION 35. In Colorado Revised Statutes, amend 25-4-403 as 12 follows: 13 25-4-403. Eligibility - nondiscrimination. Notwithstanding any 14 other provision of this part 4 to the contrary, programs and services that 15 provide for the investigation, identification, testing, preventive care, and 16 treatment of sexually transmitted infections are available regardless of a 17 person's actual or perceived race, creed, color, ancestry, national origin, 18 religion, age, sex, sexual orientation, gender identity, GENDER 19 EXPRESSION, mental or physical disability, familial status, marital status, 20 or immigration status. 21 SECTION 36. In Colorado Revised Statutes, 25-4-2201, amend 22 (1.5)(b) as follows: 23 25-4-2201. Legislative declaration. (1.5) The general assembly 24 hereby determines and declares that: 25 (b) Vulnerable populations that are currently identified by race, 26 ethnicity, sexual orientation, gender identity, GENDER EXPRESSION, 27 HB21-1108 -25- disability status, aging population, and socioeconomic status, among 1 others, experience poorer health status outcomes; and 2 SECTION 37. In Colorado Revised Statutes, 25-4-2202, amend 3 (3.5) as follows: 4 25-4-2202. Definitions. As used in this part 22, unless the context 5 otherwise requires: 6 (3.5) "Health disparities" means differences in health status, 7 access to care, and quality of care as determined by race, ethnicity, sexual 8 orientation, gender identity, GENDER EXPRESSION, disability status, aging 9 population, socioeconomic status, and other factors. 10 SECTION 38. In Colorado Revised Statutes, 25-4-2206, amend 11 (2)(a)(III) introductory portion as follows: 12 25-4-2206. Health equity commission - creation - repeal. 13 (2) (a) The commission consists of the following fifteen members, who 14 are as follows: 15 (III) The executive director of the department shall appoint ten 16 members who represent, to the extent practical, Colorado's diverse ethnic, 17 racial, sexual orientation, gender identity, GENDER EXPRESSION, disability, 18 aging population, socioeconomic, and geographic backgrounds. Each 19 person appointed to the commission must have demonstrated expertise in 20 at least one, and preferably two, of the following areas: 21 SECTION 39. In Colorado Revised Statutes, 25-6-102, amend 22 (1) as follows: 23 25-6-102. Policy, authority, and prohibitions against 24 restrictions. (1) All medically acceptable contraceptive procedures, 25 supplies, and information shall be readily and practicably available to 26 each person desirous of the same regardless of sex, sexual orientation, 27 HB21-1108 -26- GENDER IDENTITY, GENDER EXPRESSION, race, color, creed, religion, 1 disability, age, income, number of children, marital status, citizenship, 2 national origin, ancestry, or motive. 3 SECTION 40. In Colorado Revised Statutes, 25.5-5-406.1, 4 amend (1)(b) and (1)(l) as follows: 5 25.5-5-406.1. Required features of statewide managed care 6 system. (1) General features. All medicaid managed care programs 7 must contain the following general features, in addition to others that the 8 federal government, state department, and state board consider necessary 9 for the effective and cost-efficient operation of those programs: 10 (b) The MCE shall not discriminate against enrolled members on 11 the basis of race, color, ethnic or national origin, ancestry, age, sex, 12 gender, sexual orientation, gender identity, and GENDER expression, 13 disability, religion, creed, or political beliefs, and shall not use any policy 14 or practice that has the effect of discriminating on the basis of race, color, 15 ethnic or national origin, ancestry, age, sex, gender, sexual orientation, 16 gender identity, and GENDER expression, disability, religion, creed, or 17 political beliefs; 18 (l) The MCE shall provide and facilitate the delivery of services 19 in a culturally competent manner to all members, including those with 20 limited English proficiency, diverse cultural and ethnic backgrounds, and 21 disabilities, and regardless of gender, sexual orientation, or gender 22 identity, OR GENDER EXPRESSION; 23 SECTION 41. In Colorado Revised Statutes, 25.5-8-110, amend 24 (2) as follows: 25 25.5-8-110. Participation by managed care plans. (2) Managed 26 care plans participating in the plan shall not discriminate against any 27 HB21-1108 -27- potential or current enrollee based upon health status, disability, sex, 1 sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, 2 race, creed, color, national origin, ancestry, ethnicity, or religion. 3 SECTION 42. In Colorado Revised Statutes, 26-1-120, amend 4 (8.5) as follows: 5 26-1-120. Merit system. (8.5) The merit system provided by the 6 counties shall MUST assure fair treatment of applicants and employees in 7 all aspects of personnel administration without regard to race, creed, 8 color, religion, age, disability, sex, sexual orientation, GENDER IDENTITY, 9 GENDER EXPRESSION, marital status, national origin, or ancestry. 10 SECTION 43. In Colorado Revised Statutes, 27-81-114, amend 11 (1)(d) as follows: 12 27-81-114. Rights of persons receiving evaluation, care, or 13 treatment. (1) A facility shall immediately advise each person receiving 14 evaluation, care, or treatment under any provision of this article 81, orally 15 and in writing, that the person has and is afforded the following rights: 16 (d) To be treated fairly and to receive the same consideration and 17 access to appropriate services as others, regardless of race, color, national 18 origin, age, gender identity, GENDER EXPRESSION, sexual orientation, 19 political affiliation, religious beliefs, financial status, or disability; 20 SECTION 44. In Colorado Revised Statutes, 29-4-717, amend 21 (2)(a) as follows: 22 29-4-717. Findings - percentage of low-income families 23 required. (2) Prior to the authority's making or committing to make any 24 housing facility loan, the authority shall find: 25 (a) That, with respect to such THE housing facility, no restrictions 26 are imposed as to sex, sexual orientation, GENDER IDENTITY, GENDER 27 HB21-1108 -28- EXPRESSION, race, creed, color, religion, ancestry, or national origin of 1 occupants; 2 SECTION 45. In Colorado Revised Statutes, 39-3-112, amend 3 (3) introductory portion and (3)(b)(IV) as follows: 4 39-3-112. Definitions - residential property - orphanage - 5 low-income elderly or individuals with disabilities - homeless or 6 abused - low-income households - charitable purposes - exemption - 7 limitations. (3) In order for property to be exempt from the levy and 8 collection of property tax pursuant to subsection (2) of this section, the 9 administrator shall be required to MUST find, pursuant to section 10 39-2-117, that: 11 (b) The residential structure is efficiently operated. Efficient 12 operation is determined by the following factors: 13 (IV) That the owners and operators of such THE residential 14 structure have no occupancy requirement that discriminates upon the 15 basis of race, creed, color, religion, sex, sexual orientation, GENDER 16 IDENTITY, GENDER EXPRESSION, marital status, national origin, or 17 ancestry; however, if the owner or sponsoring organization is a religious 18 denomination, said owners or operators may give preference to members 19 of that denomination. 20 SECTION 46. In Colorado Revised Statutes, 39-22-104, amend 21 (3)(e)(I) as follows: 22 39-22-104. Income tax imposed on individuals, estates, and 23 trusts - single rate - legislative declaration - definitions - repeal. 24 (3) There shall be added to the federal taxable income: 25 (e) (I) Any expenses incurred by a taxpayer with respect to 26 expenditures made at, or payments made to, a club licensed pursuant to 27 HB21-1108 -29- section 44-3-418 that has a policy to restrict membership on the basis of 1 sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital 2 status, race, creed, religion, color, ancestry, or national origin. Any such 3 club shall provide on each receipt furnished to a taxpayer a printed 4 statement as follows: 5 The expenditures covered by this receipt are 6 nondeductible for state income tax purposes. 7 SECTION 47. In Colorado Revised Statutes, 39-22-304, amend 8 (2)(e)(I) as follows: 9 39-22-304. Net income of corporation - legislative declaration 10 - definitions - repeal. (2) There shall be added to federal taxable income: 11 (e) (I) Any expenses incurred by a taxpayer with respect to 12 expenditures made at, or payments made to, a club licensed pursuant to 13 section 44-3-418 that has a policy to restrict membership on the basis of 14 sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital 15 status, race, creed, religion, color, ancestry, or national origin. Any such 16 club shall provide on each receipt furnished to a taxpayer a printed 17 statement as follows: 18 The expenditures covered by this receipt are 19 nondeductible for state income tax purposes. 20 SECTION 48. In Colorado Revised Statutes, 40-10.1-605, 21 amend (6)(a) introductory portion as follows: 22 40-10.1-605. Operational requirements. (6) (a) A transportation 23 network company shall provide services to the public in a 24 nondiscriminatory manner, regardless of: Geographic location of the 25 departure point or destination once the driver and rider have been 26 matched through the digital network; race; ethnicity; gender; sexual 27 HB21-1108 -30- orientation, as defined in section 2-4-401 (13.5); C.R.S.; gender identity, 1 AS DEFINED IN SECTION 2-4-401 (3.5); GENDER EXPRESSION, AS DEFINED 2 IN SECTION 2-4-401 (3.4); or disability that could prevent customers from 3 accessing transportation. A driver shall not refuse to transport a passenger 4 unless: 5 SECTION 49. In Colorado Revised Statutes, 44-3-418, amend 6 (3)(b) as follows: 7 44-3-418. Club license - legislative declaration. (3) (b) Any 8 club licensee that has a policy to restrict membership on the basis of sex, 9 sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, 10 race, creed, religion, color, ancestry, or national origin shall, when issuing 11 a receipt for expenses which THAT may otherwise be used by taxpayers 12 for deduction purposes pursuant to section 162 (a) of the federal "Internal 13 Revenue Code of 1986", as amended, for purposes of determining taxes 14 owed pursuant to article 22 of title 39, incorporate a printed statement on 15 the receipt as follows: 16 The expenditures covered by this receipt are 17 nondeductible for state income tax purposes. 18 SECTION 50. Act subject to petition - effective date. This act 19 takes effect at 12:01 a.m. on the day following the expiration of the 20 ninety-day period after final adjournment of the general assembly; except 21 that, if a referendum petition is filed pursuant to section 1 (3) of article V 22 of the state constitution against this act or an item, section, or part of this 23 act within such period, then the act, item, section, or part will not take 24 effect unless approved by the people at the general election to be held in 25 November 2022 and, in such case, will take effect on the date of the 26 official declaration of the vote thereon by the governor. 27 HB21-1108 -31-

HOUSE BILL 21-1108 BY REPRESENTATIVE(S) Esgar, Amabile, Bacon, Bernett, Bird, Caraveo, Cutter, Daugherty, Duran, Froelich, Gonzales-Gutierrez, Gray, Herod, Hooton, Jackson, Jodeh, Kipp, Lontine, McCormick, McLachlan, Michaelson Jenet, Mullica, Ortiz, Roberts, Sirota, Snyder, Sullivan, Tipper, Titone, Valdez A., Weissman, Woodrow, Young, Garnett; also SENATOR(S) Moreno, Bridges, Buckner, Danielson, Donovan, Fenberg, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Pettersen, Story, Winter, Zenzinger, Garcia. CONCERNING UPDATES TO PROHIBITIONS AGAINST GENDER-BASED DISCRIMINATION TO CLARIFY THE INDIVIDUALS WHO ARE INCLUDED IN A PROTECTED CLASS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby finds, determines, and declares that nothing in this act is intended to impede or otherwise limit the protections contained in section 4 of article II of the state constitution concerning the free exercise and enjoyment of religious profession and worship. SECTION 2. In Colorado Revised Statutes, 24-34-301, amend NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. (5)(b) and (7); and add (3.3) and (3.5) as follows: 24-34-301. Definitions. As used in parts 3 to 8 of this article 34, unless the context otherwise requires: (3.3) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND BEHAVIOR. (3.5) "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH. (5) (b) For the purposes of part 5 of this article ARTICLE 34, "person" does not include any private club not open to the public which THAT, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, unless such THE club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, national origin, or ancestry. (7) "Sexual orientation" means an individual's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another individual's perception thereof IDENTITY, OR ANOTHER INDIVIDUAL'S PERCEPTION THEREOF, IN RELATION TO THE GENDER OR GENDERS TO WHICH THE INDIVIDUAL IS SEXUALLY OR EMOTIONALLY ATTRACTED AND THE BEHAVIOR OR SOCIAL AFFILIATION THAT MAY RESULT FROM THE ATTRACTION. SECTION 3. In Colorado Revised Statutes, 24-34-303, amend (1)(b)(II) introductory portion and (1)(b)(II)(A) as follows: 24-34-303. Civil rights commission - membership. (1) (b) (II) In addition to the qualifications specified in subsection (1)(b)(I) of this section, the members MEMBERSHIP of the commission must at all times include: (A) At least four members who are members of groups of people who have been or who might be discriminated against because of disability, PAGE 2-HOUSE BILL 21-1108 race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national origin, ancestry, marital status, religion, or age; and SECTION 4. In Colorado Revised Statutes, 24-34-402, amend (1) introductory portion, (1)(a), (1)(b), (1)(c), (1)(d), and (1)(f) as follows: 24-34-402. Discriminatory or unfair employment practices - definition. (1) It shall be IS a discriminatory or unfair employment practice: (a) For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person INDIVIDUAL otherwise qualified because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry; but, with regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to act as provided in this paragraph (a) SUBSECTION (1)(a) if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the person INDIVIDUAL from the job, and the disability has a significant impact on the job. For purposes of this paragraph (a) SUBSECTION (1)(a), "harass" means to create a hostile work environment based upon an individual's race, national origin, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, disability, age, or religion. Notwithstanding the provisions of this paragraph (a) SUBSECTION (1)(a), harassment is not an illegal act unless a complaint is filed with the appropriate authority at the complainant's workplace and such THE authority fails to initiate a reasonable investigation of a complaint and take prompt remedial action if appropriate. (b) For an employment agency to refuse to list and properly classify for employment or to refer an individual for employment in a known available job for which such THE individual is otherwise qualified because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry or for an employment agency to comply with a request from an employer for referral of applicants for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry; but, with regard to a disability, it is not a discriminatory or an unfair employment PAGE 3-HOUSE BILL 21-1108 practice for an employment agency to refuse to list and properly classify for employment or to refuse to refer an individual for employment in a known available job for which such THE individual is otherwise qualified if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the applicant from the job, and the disability has a significant impact on the job; (c) For a labor organization to exclude any individual otherwise qualified from full membership rights in such THE labor organization, or to expel any such AN individual from membership in such THE labor organization, or to otherwise discriminate against any of its members in the full enjoyment of work opportunity because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry; (d) For any employer, employment agency, or labor organization to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or membership, or to make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry or intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification or required by and given to an agency of government for security reasons; (f) For any employer, labor organization, joint apprenticeship committee, or vocational school providing, coordinating, or controlling apprenticeship programs or providing, coordinating, or controlling on-the-job training programs or other instruction, training, or retraining programs: (I) To deny to or withhold from any qualified person INDIVIDUAL because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry the right to be admitted to or participate in an apprenticeship training program, an on-the-job training program, or any other occupational instruction, training, or retraining program; but, with regard to a disability, it is not a discriminatory or an unfair employment practice to deny or PAGE 4-HOUSE BILL 21-1108 withhold the right to be admitted to or participate in any such program if there is no reasonable accommodation that can be made with regard to the disability, the disability actually disqualifies the applicant INDIVIDUAL from the program, and the disability has a significant impact on participation in the program; (II) To discriminate against any qualified person INDIVIDUAL in pursuit of such programs or to discriminate against such a person AN INDIVIDUAL in the terms, conditions, or privileges of such programs because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry; (III) To print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for such programs, or to make any inquiry in connection with such programs that expresses, directly or indirectly, any limitation, specification, or discrimination as to disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, religion, age, national origin, or ancestry or any intent to make any such limitation, specification, or discrimination, unless based on a bona fide occupational qualification; SECTION 5. In Colorado Revised Statutes, 24-34-501, amend (3) and (4) as follows: 24-34-501. Definitions. As used in this part 5, unless the context otherwise requires: (3) "Person" has the meaning ascribed to such term in section 24-34-301 (5) and includes any owner, lessee, proprietor, manager, employee, or any agent of a person; but, for purposes of this part 5, "person" does not include any private club not open to the public which THAT, as an incident to its primary purpose or purposes, provides lodgings that it owns or operates for other than a commercial purpose, unless such THE club has the purpose of promoting discrimination in the matter of housing against any person because of disability, race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, national origin, or ancestry. (4) "Restrictive covenant" means any specification limiting the transfer, rental, or lease of any housing because of disability, race, creed, PAGE 5-HOUSE BILL 21-1108 color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, national origin, or ancestry, or limiting the rental or lease of any housing because of source of income. SECTION 6. In Colorado Revised Statutes, 24-34-502, amend (1) introductory portion, (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6) as follows: 24-34-502. Unfair housing practices prohibited - definitions. (1) It shall be IS an unfair housing practice, and unlawful, and hereby prohibited: (a) For any person to refuse to show, sell, transfer, rent, or lease or to ANY HOUSING; refuse to receive and transmit any bona fide offer to buy, sell, rent, or lease ANY HOUSING; or otherwise make unavailable or deny or withhold from any person such AN INDIVIDUAL ANY housing because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, national origin, or ancestry; to discriminate against any person AN INDIVIDUAL because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, national origin, or ancestry in the terms, conditions, or privileges pertaining to any housing or the transfer, sale, rental, or lease thereof OF HOUSING or in the furnishing of facilities or services in connection therewith WITH HOUSING; or to cause to be made any written or oral inquiry or record concerning the disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, national origin, or ancestry of a person AN INDIVIDUAL seeking to purchase, rent, or lease any housing; however, nothing in this paragraph (a) shall be construed to require SUBSECTION (1)(a) REQUIRES a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others; (b) For any person to whom application is made for financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing to make or cause to be made any written or oral inquiry concerning the disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, national origin, or ancestry of a person AN INDIVIDUAL seeking PAGE 6-HOUSE BILL 21-1108 such financial assistance or concerning the disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, national origin, or ancestry of prospective occupants or tenants of such THE housing, or to discriminate against any person INDIVIDUAL because of the disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, religion, national origin, or ancestry of such person THE INDIVIDUAL or prospective occupants or tenants in the terms, conditions, or privileges relating to the obtaining or use of USING any such financial assistance; (d) For any person to make, print, or publish or cause to be made, printed, or published any notice or advertisement relating to the sale, transfer, rental, or lease of any housing that indicates any preference, limitation, specification, or discrimination based on disability, race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, national origin, or ancestry; (g) For any person whose business includes residential real estate-related transactions, which transactions involve the making or purchasing of loans secured by residential real estate or the provisions of PROVIDING other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling or the selling, brokering, or appraising of residential real property, to discriminate against any person AN INDIVIDUAL in making available such a transaction or in fixing the terms or conditions of such a transaction because of race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, disability, familial status, or national origin, or ancestry; (h) For any person to deny another person AN INDIVIDUAL access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility related to the business of selling or renting dwellings or to discriminate against such person THE INDIVIDUAL in the terms or conditions of such access, membership, or participation on account of race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, disability, marital status, familial status, national origin or ancestry, or source of income; (i) For any person, for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or PAGE 7-HOUSE BILL 21-1108 prospective entry into the neighborhood of a person or persons ANY INDIVIDUAL of a particular race, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, disability, familial status, creed, national origin, or ancestry; (j) For any person to represent to any other person that any A dwelling is not available for inspection, sale, or rental, when such THE dwelling is in fact available, for the purpose of discriminating against another person ANY INDIVIDUAL on the basis of race, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, disability, familial status, creed, national origin, or ancestry; (6) Nothing in this part 5 shall prohibit PROHIBITS a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, familial status, disability, religion, national origin, or ancestry. SECTION 7. In Colorado Revised Statutes, 24-34-601, amend (2)(a) as follows: 24-34-601. Discrimination in places of public accommodation - definition. (2) (a) It is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an individual or a group, because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or, directly or indirectly, to publish, circulate, issue, display, post, or mail any written, electronic, or printed communication, notice, or advertisement that indicates that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation will be refused, withheld from, or denied an individual or that an individual's patronage or presence at a place of public accommodation is unwelcome, objectionable, unacceptable, or undesirable because of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry. SECTION 8. In Colorado Revised Statutes, amend 24-34-701 as PAGE 8-HOUSE BILL 21-1108 follows: 24-34-701. Publishing of discriminative matter forbidden. (1) No A person being THAT IS the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort, or amusement directly or indirectly, by himself or herself or through another person shall NOT, DIRECTLY OR INDIRECTLY, publish, issue, circulate, send, distribute, give away, or display in any way, manner, or shape or by any means or method, except as provided in this section, any communication, paper, poster, folder, manuscript, book, pamphlet, writing, print, letter, notice, or advertisement of any kind, nature, or description that: (a) Is intended or calculated to discriminate or actually discriminates against any PERSON OR CLASS OF PERSONS ON ACCOUNT OF disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry or against any of the members thereof in the matter of furnishing or neglecting or refusing to furnish to them or any one of them any lodging, housing, schooling, or tuition or any accommodation, right, privilege, advantage, or convenience offered to or enjoyed by the general public; or which (b) States that any of the accommodations, rights, privileges, advantages, or conveniences of any such THE place of public accommodation, resort, or amusement shall or will be refused, withheld from, or denied to any person or class of persons on account of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry; or (c) STATES that the patronage, custom, presence, frequenting, dwelling, staying, or lodging at such THE place by any person or class of persons belonging to or purporting to be of any particular disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry is unwelcome or objectionable or not acceptable, desired, or solicited. SECTION 9. In Colorado Revised Statutes, 2-4-401, amend (3.5) and (13.5); and add (3.2) and (3.4) as follows: 2-4-401. Definitions. The following definitions apply to every statute, unless the context otherwise requires: PAGE 9-HOUSE BILL 21-1108 (3.2) "FELONY" INCLUDES A DRUG FELONY DESCRIBED IN ARTICLE 18 OF TITLE 18. (3.4) "GENDER EXPRESSION" MEANS AN INDIVIDUAL'S WAY OF REFLECTING AND EXPRESSING THE INDIVIDUAL'S GENDER TO THE OUTSIDE WORLD, TYPICALLY DEMONSTRATED THROUGH APPEARANCE, DRESS, AND BEHAVIOR. (3.5) "Felony" includes a drug felony described in article 18 of title 18, C.R.S. "GENDER IDENTITY" MEANS AN INDIVIDUAL'S INNATE SENSE OF THE INDIVIDUAL'S OWN GENDER, WHICH MAY OR MAY NOT CORRESPOND WITH THE INDIVIDUAL'S SEX ASSIGNED AT BIRTH. (13.5) "Sexual orientation" means a person's orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person's perception thereof AN INDIVIDUAL'S IDENTITY, OR ANOTHER INDIVIDUAL'S PERCEPTION THEREOF, IN RELATION TO THE GENDER OR GENDERS TO WHICH THE INDIVIDUAL IS SEXUALLY OR EMOTIONALLY ATTRACTED AND THE BEHAVIOR OR SOCIAL AFFILIATION THAT MAY RESULT FROM THE ATTRACTION. SECTION 10. In Colorado Revised Statutes, amend 5-3-210 as follows: 5-3-210. Discrimination prohibited - exemption. No A consumer credit transaction regulated by this code shall NOT be denied any person, nor shall terms and conditions be made more stringent, on the basis of discrimination, solely because of disability, race, creed, religion, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry. This section shall DOES not apply to any consumer credit transaction made or denied by a seller, lessor, or lender whose total original unpaid balances arising from consumer credit transactions for the previous calendar year are less than one million dollars. SECTION 11. In Colorado Revised Statutes, 6-23-104, amend (1) as follows: 6-23-104. Direct primary health care providers - prohibitions. (1) A direct primary health care provider may not discriminate in the selection of patients on the basis of age, citizenship status, color, disability, PAGE 10-HOUSE BILL 21-1108 gender, or gender identity, GENDER EXPRESSION, genetic information, health status, national origin, race, religion, sex, sexual orientation, or any other protected class. SECTION 12. In Colorado Revised Statutes, amend 6-24-110 as follows: 6-24-110. Discrimination. There shall be no limitation, restriction, or covenant based upon race, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, disability, national origin, or ancestry on the size, placement, location, sale, or transfer of any cemetery grave space, niche, or crypt or in the interment of a deceased person. SECTION 13. In Colorado Revised Statutes, 8-3-102, amend (1)(d) as follows: 8-3-102. Legislative declaration. (1) The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this article 3 is enacted, is declared to be as follows: (d) All rights of persons to join labor organizations or unions and their rights and privileges as members thereof OF LABOR ORGANIZATIONS OR UNIONS should be recognized, safeguarded, and protected. No A person shall NOT be denied membership in a labor organization or union on account of race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, disability, national origin, OR ancestry or by any unfair or unjust discrimination. A LABOR ORGANIZATION OR UNION SHALL NEITHER REQUIRE arbitrary or excessive initiation fees and dues shall not be required, nor shall IMPOSE excessive, unwarranted, arbitrary, or oppressive fines, penalties, or forfeitures. be imposed. The members are entitled to full and detailed reports from their officers, agents, or representatives of all financial transactions and shall have the right to elect officers by secret ballot and to determine and vote upon the question of striking, not striking, and other questions of policy affecting the entire membership. SECTION 14. In Colorado Revised Statutes, 8-17-101, amend (2)(a) as follows: 8-17-101. Colorado labor employed on public works - PAGE 11-HOUSE BILL 21-1108 definitions. (2) As used in this article 17: (a) "Colorado labor" means any person who is a resident of the state of Colorado, at the time of the public works project, without discrimination as to race, color, creed, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, ancestry, age, or religion except when sex, GENDER, or age is a bona fide occupational qualification. A resident of the state of Colorado is a person who can provide a valid Colorado driver's license, a valid Colorado state-issued photo identification, or documentation that he or she THE PERSON has resided in Colorado for the last thirty days. SECTION 15. In Colorado Revised Statutes, 10-4-626, amend (1) as follows: 10-4-626. Prohibited reasons for nonrenewal or refusal to write policy of automobile insurance applicable to this part 6. (1) No AN insurer authorized to transact or transacting business in this state shall NOT refuse to write or refuse to renew a policy of insurance affording the coverage required by operation of section 10-4-620 solely because of the age, race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national origin, ancestry, residence, marital status, or lawful occupation, including the military service, of anyone who is or seeks to become insured or solely because another insurer has canceled a policy or refused to write or renew such policy. The commissioner shall administer and enforce this subsection (1). SECTION 16. In Colorado Revised Statutes, 12-135-105, amend (1)(b) as follows: 12-135-105. Unlawful acts. (1) It is unlawful: (b) To discriminate because of race, creed, color, religion, disability, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry in the provision of funeral services; SECTION 17. In Colorado Revised Statutes, 12-135-301, amend (1)(a) as follows: 12-135-301. Unlawful acts. (1) It is unlawful for a crematory: PAGE 12-HOUSE BILL 21-1108 (a) To discriminate because of race, creed, color, religion, sex, marital status, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, or national origin in the provision of funeral services; SECTION 18. In Colorado Revised Statutes, 13-71-104, amend (3)(a) as follows: 13-71-104. Eligibility for juror service - prohibition of discrimination. (3) (a) No A person shall NOT be exempted or excluded from serving as a trial JUROR or grand juror because of race, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, ancestry, economic status, or occupation. SECTION 19. In Colorado Revised Statutes, amend 13-93-102 as follows: 13-93-102. No discrimination - issuance of license. No A person shall be denied NOT DENY AN INDIVIDUAL a license to practice on account of race, creed, color, religion, disability, age, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry. SECTION 20. In Colorado Revised Statutes, 19-2-303, amend (4)(c)(III) as follows: 19-2-303. Juvenile diversion program - authorized - report - legislative declaration - definitions. (4) District attorneys' offices or their designees shall: (c) Not deny diversion to a juvenile based on the juvenile's: (III) Age, race or ethnicity, gender, GENDER IDENTITY, GENDER EXPRESSION, or sexual orientation; or SECTION 21. In Colorado Revised Statutes, 19-7-101, amend (1)(t) as follows: 19-7-101. Legislative declaration. (1) The general assembly finds and declares that youth in foster care, excluding those in the custody of the division of youth services or a state hospital for persons with mental health PAGE 13-HOUSE BILL 21-1108 disorders, should enjoy the following: (t) Having fair and equal access to available services, placement, care, treatment, and benefits based on his or her EACH YOUTH'S treatment plan and not being subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group, national origin, religion, sex, sexual orientation, gender identity, GENDER EXPRESSION, mental or physical disability, or HIV status; SECTION 22. In Colorado Revised Statutes, 22-30.5-104, amend (3)(a) as follows: 22-30.5-104. Charter school - requirements - authority - rules - definitions. (3) (a) A charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national origin, religion, ancestry, or need for special education services. A charter school is subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district; except that a charter school is not required to make alterations in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. SECTION 23. In Colorado Revised Statutes, 22-30.5-507, amend (3)(a) as follows: 22-30.5-507. Institute charter school - requirements - authority - rules - definitions. (3) (a) An institute charter school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national origin, religion, ancestry, or need for special education services. Enrollment in an institute charter school must be open to any child who resides within the state; except that an institute charter school is not required to make alterations in the structure of the facility used by the institute charter school or to make alterations to the arrangement or function of rooms within the PAGE 14-HOUSE BILL 21-1108 facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the applicant in the institute charter school application. SECTION 24. In Colorado Revised Statutes, 22-32-109, amend (1)(ll)(I)(A) as follows: 22-32-109. Board of education - specific duties - definitions. (1) In addition to any other duty required to be performed by law, each board of education has the following specific duties: (ll) (I) To adopt written policies specifying that: (A) The schools in the district are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national origin, religion, ancestry, or need for special education services; SECTION 25. In Colorado Revised Statutes, 22-32-110, amend (1)(k)(I) as follows: 22-32-110. Board of education - specific powers - definitions. (1) In addition to any other power granted to a board of education of a school district by law, each board of education of a school district has the following specific powers, to be exercised in its judgment: (k) (I) To adopt written policies, rules, and regulations, not inconsistent with law, that may relate to the efficiency, in-service training, professional growth, safety, official conduct, and welfare of the employees, or any classification thereof, of the district. The practices of employment, promotion, and dismissal shall be unaffected by the employee's religion, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, racial or ethnic background, national origin, ancestry, or participation in community affairs. SECTION 26. In Colorado Revised Statutes, 22-38-104, amend (1)(d)(I) as follows: 22-38-104. Pilot schools - requirements - authority - definitions. PAGE 15-HOUSE BILL 21-1108 (1) The state board may provide for the establishment and operation of not more than one full-time residential pilot school and not more than three year-round nonresidential pilot schools pursuant to the following provisions: (d) (I) A pilot school is subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, national origin, religion, or ancestry. Enrollment decisions shall be made in a nondiscriminatory manner specified by the pilot school applicant in the pilot school application. SECTION 27. In Colorado Revised Statutes, 22-63-206, amend (1)(a) as follows: 22-63-206. Transfer - compensation - definitions. (1) (a) A teacher may be transferred upon the recommendation of the chief administrative officer of a school district from one school, position, or grade level to another within the school district, if the transfer does not result in the assignment of the teacher to a position of employment for which the teacher is not qualified by virtue of academic preparation and certification and if, during the then-current school year, the amount of salary of the teacher is not reduced except as otherwise provided in subsections (2) and (3) of this section. There shall be no discrimination shown toward any teacher in the assignment or transfer of that teacher to a school, position, or grade because of sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, race, creed, color, religion, national origin, ancestry, or membership or nonmembership in any group or organization. SECTION 28. In Colorado Revised Statutes, 23-31.5-110, amend (1) as follows: 23-31.5-110. Additional powers of board. (1) The board of governors of the Colorado state university system has the power to lease portions of the grounds of the Colorado state university - Pueblo to private persons and corporations for the construction of dormitory, living, dining, or cottage buildings and to rent, lease, maintain, operate, and purchase such THOSE buildings at such THE university, all in the manner provided by and subject to the limitations contained in sections 23-56-105 to 23-56-111; PAGE 16-HOUSE BILL 21-1108 except that none of such THE grounds or improvements shall be used in any manner that discriminates against anyone because of race, creed, color, religion, national origin, ancestry, sex, or sexual orientation, GENDER IDENTITY, OR GENDER EXPRESSION. SECTION 29. In Colorado Revised Statutes, 23-41-104, amend (2) as follows: 23-41-104. Control - management. (2) The board of trustees has the power to MAY lease, for terms not exceeding eighty years, real or personal property, or both, to state or federal governmental agencies, persons, or entities, public or private, for the construction, use, operation, maintenance, and improvement of research and development facilities, health and recreation facilities, dormitories, and living, dining, and group housing buildings and facilities or for any of such purposes and to buy land and construct buildings and facilities therefor. None of NEITHER the grounds so leased nor any of the improvements constructed thereon ON THE GROUNDS shall be used in any manner that discriminates against anyone because of race, creed, color, religion, national origin, ancestry, sex, or sexual orientation, GENDER IDENTITY, OR GENDER EXPRESSION. The board of trustees has the power to MAY borrow money in conjunction with such THE construction and leases and to assist in effecting any of such THOSE purposes. Any actions taken prior to May 27, 1965, by the board of trustees consistent with any power granted in this subsection (2) are ratified and validated. SECTION 30. In Colorado Revised Statutes, 23-64-112, amend (1)(s) as follows: 23-64-112. Minimum standards. (1) In establishing the criteria required by section 23-64-108 (1)(a), (1)(b), and (1)(j), the board shall observe and require compliance with at least the following minimum standards for all schools: (s) That the school shall not deny enrollment of a student or make any distinction or classification of students on account of race, color, creed, religion, national origin, ancestry, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, or marital status. SECTION 31. In Colorado Revised Statutes, 24-31-309, amend (2) PAGE 17-HOUSE BILL 21-1108 introductory portion as follows: 24-31-309. Profiling - officer identification - training - definition. (2) Definition. For purposes of this section, "profiling" means the practice of relying solely on race, ethnicity, gender, national origin, language, religion, sexual orientation, gender identity, GENDER EXPRESSION, age, or disability in: SECTION 32. In Colorado Revised Statutes, 24-33.5-517, amend (1)(a) as follows: 24-33.5-517. Criminal justice data collection - definitions - repeal. (1) Any state or local law enforcement agency that employs a peace officer who is involved in an officer-involved shooting that results in a person suspected of criminal activity being shot at by the officer shall report the following information to the division, in a format specified by the division: (a) If known, the age, gender, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, race, ethnicity, and medically documented physical or mental disability of the suspect; SECTION 33. In Colorado Revised Statutes, 24-50-112.5, amend (1)(b)(I) as follows: 24-50-112.5. Selection system - definitions. (1) (b) (I) Appointments and promotions to positions shall be based on a fair and open comparative analysis of candidates based on objective criteria. Selections shall be made without regard to race, color, creed, religion, national origin, ancestry, age, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, or political affiliation and without regard to sex or disability except as otherwise provided by law. SECTION 34. In Colorado Revised Statutes, 25-4-401, amend (1)(b) as follows: 25-4-401. Legislative declaration. (1) The general assembly declares that: (b) Coloradans have a right to receive accurate, confidential, and PAGE 18-HOUSE BILL 21-1108 timely information to make informed decisions that promote their individual physical and mental health and well-being. This right applies to all Coloradans, regardless of geographic location, ethnic or racial background, income, ability, gender, gender identity, GENDER EXPRESSION, or sexual orientation. SECTION 35. In Colorado Revised Statutes, amend 25-4-403 as follows: 25-4-403. Eligibility - nondiscrimination. Notwithstanding any other provision of this part 4 to the contrary, programs and services that provide for the investigation, identification, testing, preventive care, and treatment of sexually transmitted infections are available regardless of a person's actual or perceived race, creed, color, ancestry, national origin, religion, age, sex, sexual orientation, gender identity, GENDER EXPRESSION, mental or physical disability, familial status, marital status, or immigration status. SECTION 36. In Colorado Revised Statutes, 25-4-2201, amend (1.5)(b) as follows: 25-4-2201. Legislative declaration. (1.5) The general assembly hereby determines and declares that: (b) Vulnerable populations that are currently identified by race, ethnicity, sexual orientation, gender identity, GENDER EXPRESSION, disability status, aging population, and socioeconomic status, among others, experience poorer health status outcomes; and SECTION 37. In Colorado Revised Statutes, 25-4-2202, amend (3.5) as follows: 25-4-2202. Definitions. As used in this part 22, unless the context otherwise requires: (3.5) "Health disparities" means differences in health status, access to care, and quality of care as determined by race, ethnicity, sexual orientation, gender identity, GENDER EXPRESSION, disability status, aging population, socioeconomic status, and other factors. PAGE 19-HOUSE BILL 21-1108 SECTION 38. In Colorado Revised Statutes, 25-4-2206, amend (2)(a)(III) introductory portion as follows: 25-4-2206. Health equity commission - creation - repeal. (2) (a) The commission consists of the following fifteen members, who are as follows: (III) The executive director of the department shall appoint ten members who represent, to the extent practical, Colorado's diverse ethnic, racial, sexual orientation, gender identity, GENDER EXPRESSION, disability, aging population, socioeconomic, and geographic backgrounds. Each person appointed to the commission must have demonstrated expertise in at least one, and preferably two, of the following areas: SECTION 39. In Colorado Revised Statutes, 25-6-102, amend (1) as follows: 25-6-102. Policy, authority, and prohibitions against restrictions. (1) All medically acceptable contraceptive procedures, supplies, and information shall be readily and practicably available to each person desirous of the same regardless of sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, race, color, creed, religion, disability, age, income, number of children, marital status, citizenship, national origin, ancestry, or motive. SECTION 40. In Colorado Revised Statutes, 25.5-5-406.1, amend (1)(b) and (1)(l) as follows: 25.5-5-406.1. Required features of statewide managed care system. (1) General features. All medicaid managed care programs must contain the following general features, in addition to others that the federal government, state department, and state board consider necessary for the effective and cost-efficient operation of those programs: (b) The MCE shall not discriminate against enrolled members on the basis of race, color, ethnic or national origin, ancestry, age, sex, gender, sexual orientation, gender identity, and GENDER expression, disability, religion, creed, or political beliefs, and shall not use any policy or practice that has the effect of discriminating on the basis of race, color, ethnic or national origin, ancestry, age, sex, gender, sexual orientation, gender PAGE 20-HOUSE BILL 21-1108 identity, and GENDER expression, disability, religion, creed, or political beliefs; (l) The MCE shall provide and facilitate the delivery of services in a culturally competent manner to all members, including those with limited English proficiency, diverse cultural and ethnic backgrounds, and disabilities, and regardless of gender, sexual orientation, or gender identity, OR GENDER EXPRESSION; SECTION 41. In Colorado Revised Statutes, 25.5-8-110, amend (2) as follows: 25.5-8-110. Participation by managed care plans. (2) Managed care plans participating in the plan shall not discriminate against any potential or current enrollee based upon health status, disability, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, race, creed, color, national origin, ancestry, ethnicity, or religion. SECTION 42. In Colorado Revised Statutes, 26-1-120, amend (8.5) as follows: 26-1-120. Merit system. (8.5) The merit system provided by the counties shall MUST assure fair treatment of applicants and employees in all aspects of personnel administration without regard to race, creed, color, religion, age, disability, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry. SECTION 43. In Colorado Revised Statutes, 27-81-114, amend (1)(d) as follows: 27-81-114. Rights of persons receiving evaluation, care, or treatment. (1) A facility shall immediately advise each person receiving evaluation, care, or treatment under any provision of this article 81, orally and in writing, that the person has and is afforded the following rights: (d) To be treated fairly and to receive the same consideration and access to appropriate services as others, regardless of race, color, national origin, age, gender identity, GENDER EXPRESSION, sexual orientation, political affiliation, religious beliefs, financial status, or disability; PAGE 21-HOUSE BILL 21-1108 SECTION 44. In Colorado Revised Statutes, 29-4-717, amend (2)(a) as follows: 29-4-717. Findings - percentage of low-income families required. (2) Prior to the authority's making or committing to make any housing facility loan, the authority shall find: (a) That, with respect to such THE housing facility, no restrictions are imposed as to sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, race, creed, color, religion, ancestry, or national origin of occupants; SECTION 45. In Colorado Revised Statutes, 39-3-112, amend (3) introductory portion and (3)(b)(IV) as follows: 39-3-112. Definitions - residential property - orphanage - low-income elderly or individuals with disabilities - homeless or abused - low-income households - charitable purposes - exemption - limitations. (3) In order for property to be exempt from the levy and collection of property tax pursuant to subsection (2) of this section, the administrator shall be required to MUST find, pursuant to section 39-2-117, that: (b) The residential structure is efficiently operated. Efficient operation is determined by the following factors: (IV) That the owners and operators of such THE residential structure have no occupancy requirement that discriminates upon the basis of race, creed, color, religion, sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, national origin, or ancestry; however, if the owner or sponsoring organization is a religious denomination, said owners or operators may give preference to members of that denomination. SECTION 46. In Colorado Revised Statutes, 39-22-104, amend (3)(e)(I) as follows: 39-22-104. Income tax imposed on individuals, estates, and trusts - single rate - legislative declaration - definitions - repeal. (3) There shall be added to the federal taxable income: PAGE 22-HOUSE BILL 21-1108 (e) (I) Any expenses incurred by a taxpayer with respect to expenditures made at, or payments made to, a club licensed pursuant to section 44-3-418 that has a policy to restrict membership on the basis of sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, race, creed, religion, color, ancestry, or national origin. Any such club shall provide on each receipt furnished to a taxpayer a printed statement as follows: The expenditures covered by this receipt are nondeductible for state income tax purposes. SECTION 47. In Colorado Revised Statutes, 39-22-304, amend (2)(e)(I) as follows: 39-22-304. Net income of corporation - legislative declaration - definitions - repeal. (2) There shall be added to federal taxable income: (e) (I) Any expenses incurred by a taxpayer with respect to expenditures made at, or payments made to, a club licensed pursuant to section 44-3-418 that has a policy to restrict membership on the basis of sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, race, creed, religion, color, ancestry, or national origin. Any such club shall provide on each receipt furnished to a taxpayer a printed statement as follows: The expenditures covered by this receipt are nondeductible for state income tax purposes. SECTION 48. In Colorado Revised Statutes, 40-10.1-605, amend (6)(a) introductory portion as follows: 40-10.1-605. Operational requirements. (6) (a) A transportation network company shall provide services to the public in a nondiscriminatory manner, regardless of: Geographic location of the departure point or destination once the driver and rider have been matched through the digital network; race; ethnicity; gender; sexual orientation, as defined in section 2-4-401 (13.5); C.R.S.; gender identity, AS DEFINED IN SECTION 2-4-401 (3.5); GENDER EXPRESSION, AS DEFINED IN SECTION 2-4-401 (3.4); or disability that could prevent customers from accessing transportation. A driver shall not refuse to transport a passenger unless: PAGE 23-HOUSE BILL 21-1108 SECTION 49. In Colorado Revised Statutes, 44-3-418, amend (3)(b) as follows: 44-3-418. Club license - legislative declaration. (3) (b) Any club licensee that has a policy to restrict membership on the basis of sex, sexual orientation, GENDER IDENTITY, GENDER EXPRESSION, marital status, race, creed, religion, color, ancestry, or national origin shall, when issuing a receipt for expenses which THAT may otherwise be used by taxpayers for deduction purposes pursuant to section 162 (a) of the federal "Internal Revenue Code of 1986", as amended, for purposes of determining taxes owed pursuant to article 22 of title 39, incorporate a printed statement on the receipt as follows: The expenditures covered by this receipt are nondeductible for state income tax purposes. SECTION 50. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in PAGE 24-HOUSE BILL 21-1108 November 2022 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ Alec Garnett Leroy M. Garcia SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 25-HOUSE BILL 21-1108