Text of CO HB 1312 (2025)

Legal Protections for Transgender Individuals

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First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0091.04 Caroline Martin x5902 HOUSE BILL 25-1312 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING LEGAL PROTECTIONS FOR TRANSGENDER INDIVIDUALS. 101 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.) Section 1 of the bill creates the "Kelly Loving Act". Section 2 provides that, when making child custody decisions and determining the best interests of a child for purposes of parenting time, a court shall consider deadnaming, misgendering, or threatening to publish material related to an individual's gender-affirming health-care services as types of coercive control. A court shall consider reports of coercive control when determining the allocation of parental responsibilities in accordance with the best interests of the child. HOUSE SPONSORSHIP Garcia and Stewart R., SENATE SPONSORSHIP Winter F. and Kolker, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Section 3 prohibits a Colorado court from applying or giving any force or effect to another state's law that authorizes a state agency to remove a child from the child's parent or guardian because the parent or guardian allowed the child to receive gender-affirming health-care services. Section 4 provides that, if a local education provider, an educator, or a contractor chooses to enact or enforce a policy related to chosen names, that policy must be to make the policy inclusive of all reasons that a student might adopt a chosen name that differs from the student's legal name. Sections 5 and 6 provide that a dress code adopted or implemented by a local education provider must not create or enforce any rules based on gender and must allow each student to abide by any variation of the dress code. Section 7 provides that, when an individual is required to provide their name through a form administered by a public entity, the form must include an option to provide the individual's legal name and chosen name. If the individual provides a chosen name that is different from the individual's legal name, the chosen name must be used on all subsequent forms administered by the public entity. Sections 8 and 9 define deadnaming and misgendering as discriminatory acts in the "Colorado Anti-Discrimination Act", and prohibit these discriminatory acts in places of public accommodation. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Short title. The short title of this act is the "Kelly 2 Loving Act". 3 SECTION 2. In Colorado Revised Statutes, 14-10-124, amend 4 (1.3)(a)(VIII), (1.3)(a)(X), (1.3)(a)(XI), and (1.5)(a)(III.5); and add 5 (1.3)(a)(XII) as follows: 6 14-10-124. Best interests of the child - legislative declaration 7 - definitions. (1.3) Definitions. For purposes of this section and section 8 14-10-129 (2)(c), unless the context otherwise requires: 9 (a) "Coercive control" means a pattern of threatening, humiliating, 10 or intimidating actions, including assaults or other abuse, that is used to 11 harm, punish, or frighten an individual. "Coercive control" includes a 12 HB25-1312 -2- pattern of behavior that takes away the individual's liberty or freedom and 1 strips away the individual's sense of self, including the individual's bodily 2 integrity and human rights. "Coercive control" includes isolating the 3 individual from support, exploiting the individual, depriving the 4 individual of independence, and regulating the individual's everyday 5 behavior. "Coercive control" includes, but is not limited to, any of the 6 following: 7 (VIII) Threatening to publish the individual's, or the individual's 8 child's or relative's, sensitive personal information, including sexually 9 explicit material OR MATERIAL RELATED TO GENDER-AFFIRMING 10 HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c), or 11 make reports to the police or authorities; 12 (X) Threatening the individual, or the individual's child or 13 relative, with deportation or contacting authorities based on perceived or 14 actual immigration status, withholding essential documents required for 15 immigration, or threatening to withdraw or interfere with an active 16 immigration application or process; or 17 (XI) Forcing the individual, or the individual's child or relative, 18 to take part in criminal activities or child abuse; OR 19 (XII) DEADNAMING OR MISGENDERING, AS THOSE TERMS ARE 20 DEFINED IN SECTION 24-34-301, THE INDIVIDUAL OR THE INDIVIDUAL'S 21 CHILD OR RELATIVE. 22 (1.5) Allocation of parental responsibilities. The court shall 23 determine the allocation of parental responsibilities, including parenting 24 time and decision-making responsibilities, in accordance with the best 25 interests of the child, giving paramount consideration to the child's safety 26 and the physical, mental, and emotional conditions and needs of the child 27 HB25-1312 -3- as follows: 1 (a) Determination of parenting time. The court, upon the motion 2 of either party or upon its own motion, may make provisions for parenting 3 time that the court finds are in the best interests of the child, with the 4 child's safety always paramount, unless the court finds, after a hearing, 5 that parenting time by the party would endanger the child's physical health 6 or significantly impair the child's emotional development. In addition to 7 a finding that parenting time would endanger the child's physical health 8 or significantly impair the child's emotional development, in any order 9 imposing or continuing a parenting time restriction, the court shall 10 enumerate the specific factual findings supporting the restriction, 11 including findings related to domestic violence, child abuse, and child 12 sexual abuse, and may enumerate the conditions that the restricted party 13 could fulfill in order to seek modification in the parenting plan. When a 14 claim of child abuse or neglect, domestic violence, or sexual assault 15 where there is also a claim that the child was conceived as a result of the 16 sexual assault has been made to the court, or the court has reason to 17 believe that a party has committed child abuse or neglect, domestic 18 violence, or sexual assault where there is also a claim that the child was 19 conceived as a result of the sexual assault, prior to determining parenting 20 time, the court shall follow the provisions of subsection (4) of this 21 section. In determining the best interests of the child for purposes of 22 parenting time, the court shall consider all relevant factors, including: 23 (III.5) Any report related to domestic violence OR COERCIVE 24 CONTROL that is submitted to the court by a child and family investigator, 25 if one is appointed pursuant to section 14-10-116.5; a professional 26 parental responsibilities evaluator, if one is appointed pursuant to section 27 HB25-1312 -4- 14-10-127; or a legal representative of the child, if one is appointed 1 pursuant to section 14-10-116. The court may consider other testimony 2 regarding domestic violence from the parties, experts, therapists for any 3 parent or child, the department of human services, parenting time 4 supervisors, school personnel, or other lay witnesses. 5 SECTION 3. In Colorado Revised Statutes, add 19-3-220 as 6 follows: 7 19-3-220. Other states' removal laws relating to 8 gender-affirming health-care services - when unenforceable. (1) IT 9 IS AGAINST THE PUBLIC POLICY OF THIS STATE FOR THE LAW OF ANOTHER 10 STATE TO AUTHORIZE OR REQUIRE A STATE AGENCY TO REMOVE A CHILD 11 FROM THE CHILD'S PARENT OR GUARDIAN BECAUSE THE PARENT OR 12 GUARDIAN ASSISTED THE CHILD IN OBTAINING GENDER-AFFIRMING 13 HEALTH-CARE SERVICES, AS DEFINED IN SECTION 12-30-121 (1)(c). 14 (2) A COURT SHALL NOT APPLY ANOTHER STATE'S LAW AS 15 DESCRIBED IN SUBSECTION (1) OF THIS SECTION TO A CASE OR 16 CONTROVERSY HEARD IN COLORADO COURT. 17 (3) THE COURT SHALL NOT GIVE ANY FORCE OR EFFECT TO ANY 18 FOREIGN JUDGMENT ISSUED IN CONNECTION WITH THE REMOVAL OF A 19 CHILD BECAUSE THE CHILD'S PARENT OR GUARDIAN ASSISTED THE CHILD 20 IN OBTAINING GENDER-AFFIRMING HEALTH-CARE SERVICES IN THIS STATE. 21 SECTION 4. In Colorado Revised Statutes, add 22-1-145.5 as 22 follows: 23 22-1-145.5. Policies related to chosen names - definition. 24 (1) AS USED IN THIS SECTION, "LOCAL EDUCATION PROVIDER" MEANS A 25 SCHOOL DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL 26 DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A 27 HB25-1312 -5- CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL 1 INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A 2 BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT 3 TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC 4 SCHOOLS, OR A FACILITY SCHOOL APPROVED PURSUANT TO SECTION 5 22-2-407. 6 (2) IF A LOCAL EDUCATION PROVIDER OR ITS EMPLOYEES, AN 7 EDUCATOR, OR A CONTRACTOR, AS DEFINED IN SECTION 22-1-143, 8 CHOOSES TO ENACT OR ENFORCE A POLICY RELATED TO CHOSEN NAMES, 9 THAT POLICY MUST BE INCLUSIVE OF ALL REASONS THAT A STUDENT 10 MIGHT ADOPT A CHOSEN NAME THAT DIFFERS FROM THE STUDENT'S LEGAL 11 NAME. 12 SECTION 5. In Colorado Revised Statutes, add 22-1-148 as 13 follows: 14 22-1-148. Student access to dress code variations. A DRESS 15 CODE ADOPTED OR IMPLEMENTED BY A LOCAL EDUCATION PROVIDER, AS 16 DEFINED IN SECTION 22-1-145, MUST NOT CREATE OR ENFORCE ANY RULES 17 BASED ON GENDER AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY 18 VARIATION OF THE DRESS CODE. 19 SECTION 6. In Colorado Revised Statutes, 22-32-109.1, amend 20 (2)(a)(I) introductory portion and (2)(a)(I)(J) as follows: 21 22-32-109.1. Board of education - specific powers and duties 22 - safe school plan - conduct and discipline code - safe school reporting 23 requirements - school response framework - school resource officers 24 - definitions. (2) Safe school plan. To provide a learning environment 25 that is safe, conducive to the learning process, and free from unnecessary 26 disruption, each school district board of education or institute charter 27 HB25-1312 -6- school board for a charter school authorized by the charter school institute 1 shall, following consultation with the school district accountability 2 committee and school accountability committees, parents, teachers, 3 administrators, students, student councils where available, and, where 4 appropriate, the community at large, adopt and implement a safe school 5 plan, or review and revise, as necessary in response to any relevant data 6 collected by the school district, any existing plans or policies already in 7 effect. In addition to the aforementioned parties, each school district 8 board of education, in adopting and implementing its safe school plan, 9 may consult with victims' advocacy organizations, school psychologists, 10 local law enforcement, and community partners. The plan, at a minimum, 11 must include the following: 12 (a) Conduct and discipline code. (I) A concisely written conduct 13 and discipline code that must be enforced uniformly, fairly, and 14 consistently for all students. Copies of the code shall MUST be provided 15 to each student upon enrollment at the preschool, elementary, middle, and 16 high school levels and be posted or kept on file at each public school in 17 the school district. The school district shall take reasonable measures to 18 ensure that each student of each public school in the school district is 19 familiar with the code. The code must include, but need not be limited to: 20 (J) A dress code policy that prohibits students from wearing 21 apparel that is deemed disruptive to the classroom environment or to the 22 maintenance of a safe and orderly school. The dress code policy may 23 require students to wear a school uniform or may establish minimum 24 standards of dress, BUT MUST NOT CREATE OR ENFORCE ANY RULES BASED 25 ON GENDER, AND MUST ALLOW EACH STUDENT TO ABIDE BY ANY 26 VARIATION OF THE DRESS CODE. 27 HB25-1312 -7- SECTION 7. In Colorado Revised Statutes, add article 10.5 to 1 title 24 as follows: 2 ARTICLE 10.5 3 Public Entities' Use of an Individual's Chosen Name 4 24-10.5-101. Public entities' use of an individual's chosen 5 name - definitions. (1) AS USED IN THIS ARTICLE 10.5, UNLESS THE 6 CONTEXT OTHERWISE REQUIRES: 7 (a) "CHOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL 8 REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL'S GENDER 9 IDENTITY OR GENDER EXPRESSION. 10 (b) "PUBLIC ENTITY" HAS THE SAME MEANING AS SET FORTH IN 11 SECTION 24-10-103. 12 (2) WHEN AN INDIVIDUAL IS REQUIRED TO PROVIDE THEIR NAME 13 THROUGH A WRITTEN OR ELECTRONIC FORM ADMINISTERED BY A PUBLIC 14 ENTITY, THE FOLLOWING REQUIREMENTS APPLY: 15 (a) THE FORM MUST INCLUDE AN OPTION TO PROVIDE THE 16 INDIVIDUAL'S LEGAL NAME AND CHOSEN NAME, IF DIFFERENT FROM THE 17 INDIVIDUAL'S LEGAL NAME; AND 18 (b) IF AN INDIVIDUAL PROVIDES A CHOSEN NAME THAT IS 19 DIFFERENT FROM THE INDIVIDUAL'S LEGAL NAME, THE CHOSEN NAME MUST 20 BE USED ON ALL SUBSEQUENT FORMS ADMINISTERED BY THE PUBLIC 21 ENTITY. 22 (3) THIS SECTION DOES NOT PREVENT A PUBLIC ENTITY FROM 23 USING AN INDIVIDUAL'S LEGAL NAME WHEN REQUIRED TO DO SO BY LAW 24 OR WHEN NECESSARY TO ENSURE THAT THE IDENTITY OF THE INDIVIDUAL 25 CAN BE VERIFIED OR THAT OTHER INFORMATION PERTAINING TO THE 26 INDIVIDUAL THAT IS NEEDED FOR LEGAL OR OTHER LEGITIMATE PUBLIC 27 HB25-1312 -8- PURPOSES CAN BE OBTAINED. 1 SECTION 8. In Colorado Revised Statutes, 24-34-301, add (3.5), 2 (5.5), and (14.5) as follows: 3 24-34-301. Definitions. As used in parts 3 to 10 of this article 34, 4 unless the context otherwise requires: 5 (3.5) "CHOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL 6 REQUESTS TO BE KNOWN AS TO REFLECT THE INDIVIDUAL'S GENDER 7 IDENTITY OR GENDER EXPRESSION. 8 (5.5) (a) "DEADNAME" MEANS TO PURPOSEFULLY, AND WITH THE 9 INTENT TO DISREGARD THE INDIVIDUAL'S GENDER IDENTITY OR GENDER 10 EXPRESSION, REFER TO AN INDIVIDUAL BY THEIR BIRTH NAME RATHER 11 THAN THEIR CHOSEN NAME. 12 (b) FOR PURPOSES OF THIS SUBSECTION (5.5), REPEATEDLY 13 REFERRING TO AN INDIVIDUAL USING THEIR DEADNAME WHILE ON NOTICE 14 OF THEIR CHOSEN NAME IS EVIDENCE OF THE INTENT REQUIRED BY THIS 15 SUBSECTION (5.5). 16 (14.5) (a) "MISGENDER" MEANS TO PURPOSEFULLY, AND WITH THE 17 INTENT TO DISREGARD THE INDIVIDUAL'S GENDER IDENTITY OR GENDER 18 EXPRESSION, REFER TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN 19 THAT CONFLICTS WITH THE INDIVIDUAL'S GENDER IDENTITY OR GENDER 20 EXPRESSION. 21 (b) FOR PURPOSES OF THIS SUBSECTION (14.5), REPEATEDLY 22 REFERRING TO AN INDIVIDUAL USING AN HONORIFIC OR PRONOUN THAT 23 CONFLICTS WITH THE INDIVIDUAL'S GENDER IDENTITY OR GENDER 24 EXPRESSION WHILE ON NOTICE THAT SAID HONORIFIC OR PRONOUN 25 CONFLICTS WITH THE INDIVIDUAL'S GENDER IDENTITY OR GENDER 26 EXPRESSION IS EVIDENCE OF THE INTENT REQUIRED BY SUBSECTION 27 HB25-1312 -9- (14.5)(a) OF THIS SECTION. 1 SECTION 9. In Colorado Revised Statutes, 24-34-601, add (6) 2 as follows: 3 24-34-601. Discrimination in places of public accommodation 4 - definition. (6) (a) IT IS A DISCRIMINATORY PRACTICE AND UNLAWFUL 5 TO, WITH SPECIFIC INTENT TO DISCRIMINATE, PUBLISH MATERIALS THAT 6 DEADNAME OR MISGENDER AN INDIVIDUAL. 7 (b) FOR PURPOSES OF THIS SUBSECTION (6), THE REFUSAL OF A 8 PRE-PUBLICATION REQUEST FOR THE PUBLISHER TO USE AN INDIVIDUAL'S 9 CHOSEN NAME, HONORIFICS, OR PRONOUNS CAN SERVE AS EVIDENCE OF 10 THE INTENT REQUIRED BY SUBSECTION (6)(a) OF THIS SECTION. 11 SECTION 10. Safety clause. The general assembly finds, 12 determines, and declares that this act is necessary for the immediate 13 preservation of the public peace, health, or safety or for appropriations for 14 the support and maintenance of the departments of the state and state 15 institutions. 16 HB25-1312 -10-

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HOUSE BILL 25-1312 BY REPRESENTATIVE(S) Garcia and Stewart R., Bacon, Boesenecker, Brown, Camacho, Duran, Espenoza, Froelich, Gilchrist, Hamrick, Joseph, Lieder, Lindsay, Mabrey, McCormick, Rydin, Sirota, Smith, Story, Titone, Valdez, Velasco, Willford, Zokaie, McCluskie, Clifford, Lindstedt, Paschal, Woodrow; also SENATOR(S) Winter F. and Kolker, Amabile, Ball, Bridges, Cutter, Danielson, Gonzales J., Hinrichsen, Kipp, Marchman, Michaelson Jenet, Wallace, Weissman, Coleman. CONCERNING LEGAL PROTECTIONS FOR TRANSGENDER INDIVIDUALS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. The short title of this act is the "Kelly Loving Act". SECTION 2. In Colorado Revised Statutes, 14-2-106, add (3) as follows: 14-2-106. License to marry. (3) (a) IF, AT ANY POINT FOLLOWING THE ISSUANCE OF A VALID LICENSE TO MARRY ISSUED PURSUANT TO THIS SECTION, A PARTY TO THE MARRIAGE PRESENTS THE ISSUING COUNTY CLERK 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. AND RECORDER WITH APPROPRIATE DOCUMENTATION OF THAT PARTY'S NAME CHANGE AND REQUESTS THE ISSUANCE OF A NEW LICENSE TO MARRY, THE COUNTY CLERK SHALL ISSUE A NEW LICENSE TO MARRY THAT REFLECTS THE PARTY'S NAME CHANGE. (b) A NEW LICENSE TO MARRY ISSUED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION SUPERSEDES THE ORIGINAL LICENSE TO MARRY AS THE OFFICIAL PUBLIC RECORD AND MUST NOT BE MARKED AS AMENDED OR INDICATE IN ANY MANNER THAT THE NAME ON THE LICENSE TO MARRY HAS BEEN CHANGED. SECTION 3. In Colorado Revised Statutes, amend 14-2-107 as follows: 14-2-107. When licenses to marry issued - validity. Licenses to marry shall MUST be issued by the county clerk and recorder only during the hours that the office of the county clerk and recorder is open as prescribed by law and at no other time, and such licenses shall MUST show the exact date and hour of their issue. NEW LICENSES TO MARRY ISSUED PURSUANT TO SECTION 14-2-106 (3)(a) MUST SHOW THE DATE AND HOUR OF ISSUANCE OF THE NEW LICENSE, BUT THE EFFECTIVE DATE OF THE MARRIAGE IS THE DATE LISTED ON THE ORIGINAL LICENSE TO MARRY. NEW LICENSES TO MARRY ISSUED PURSUANT TO SECTION 14-2-106 (3)(a) ARE VALID. A license shall not be valid for use outside the state of Colorado. Within the state, such licenses shall not be valid for more than thirty-five days after the date of issue. If any license to marry is not used within thirty-five days, it is void and shall be returned to the county clerk and recorder for cancellation. SECTION 4. In Colorado Revised Statutes, 14-15-110, add (3) as follows: 14-15-110. Issuance of a civil union license - certification - fee. (3) (a) IF, AT ANY POINT FOLLOWING THE ISSUANCE OF A VALID CIVIL UNION LICENSE ISSUED PURSUANT TO THIS SECTION, A PARTY TO THE CIVIL UNION PRESENTS THE ISSUING COUNTY CLERK AND RECORDER WITH APPROPRIATE DOCUMENTATION OF THAT PARTY'S NAME CHANGE AND REQUESTS THE ISSUANCE OF A NEW CIVIL UNION LICENSE, THE COUNTY CLERK SHALL ISSUE A NEW CIVIL UNION LICENSE THAT REFLECTS THE PARTY'S NAME CHANGE. (b) A NEW CIVIL UNION LICENSE ISSUED PURSUANT TO SUBSECTION PAGE 2-HOUSE BILL 25-1312 (3)(a) OF THIS SECTION SUPERSEDES THE ORIGINAL CIVIL UNION LICENSE AS THE OFFICIAL PUBLIC RECORD AND MUST NOT BE MARKED AS AMENDED OR INDICATE IN ANY MANNER THAT THE NAME ON THE CIVIL UNION LICENSE HAS BEEN CHANGED. SECTION 5. In Colorado Revised Statutes, amend 14-15-111 as follows: 14-15-111. When civil union licenses issued - validity. The county clerk and recorder shall issue a civil union license only during the hours that the office of the county clerk and recorder is open as prescribed by law and at no other time and shall show the exact date and hour of the license's issue. NEW CIVIL UNION LICENSES ISSUED PURSUANT TO SECTION 14-2-110 (3)(a) MUST SHOW THE DATE AND HOUR OF ISSUANCE OF THE NEW LICENSE, BUT THE EFFECTIVE DATE OF THE CIVIL UNION IS THE DATE LISTED ON THE ORIGINAL CIVIL UNION LICENSE. NEW CIVIL UNION LICENSES ISSUED PURSUANT TO SECTION 14-2-110 (3)(a) ARE VALID. A civil union license is not valid for use outside the state of Colorado. Within the state, a civil union license is not valid for more than thirty-five days after the date of issue. If a civil union license is not used within thirty-five days, it is void, and one of the parties shall return the civil union license to the county clerk and recorder that issued the license for cancellation. SECTION 6. In Colorado Revised Statutes, add 22-1-145.5 as follows: 22-1-145.5. Policies related to chosen names - definition. (1) AS USED IN THIS SECTION, "LOCAL EDUCATION PROVIDER" MEANS A SCHOOL DISTRICT, A CHARTER SCHOOL AUTHORIZED BY A SCHOOL DISTRICT PURSUANT TO PART 1 OF ARTICLE 30.5 OF THIS TITLE 22, A CHARTER SCHOOL AUTHORIZED BY THE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OF THIS TITLE 22, OR A BOARD OF COOPERATIVE SERVICES CREATED AND OPERATING PURSUANT TO ARTICLE 5 OF THIS TITLE 22 THAT OPERATES ONE OR MORE PUBLIC SCHOOLS, OR A FACILITY SCHOOL APPROVED PURSUANT TO SECTION 22-2-407. (2) IF A LOCAL EDUCATION PROVIDER OR ITS EMPLOYEES, AN EDUCATOR, OR A CONTRACTOR, AS DEFINED IN SECTION 22-1-143, CHOOSES TO ENACT OR ENFORCE A POLICY RELATED TO NAMES, THAT POLICY MUST BE INCLUSIVE OF ALL REASONS THAT A STUDENT MIGHT ADOPT A NAME THAT PAGE 3-HOUSE BILL 25-1312 DIFFERS FROM THE STUDENT'S LEGAL NAME. SECTION 7. In Colorado Revised Statutes, 22-32-109.1, amend (2)(a)(I) introductory portion and (2)(a)(I)(J) as follows: 22-32-109.1. Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions. (2) Safe school plan. To provide a learning environment that is safe, conducive to the learning process, and free from unnecessary disruption, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall, following consultation with the school district accountability committee and school accountability committees, parents, teachers, administrators, students, student councils where available, and, where appropriate, the community at large, adopt and implement a safe school plan, or review and revise, as necessary in response to any relevant data collected by the school district, any existing plans or policies already in effect. In addition to the aforementioned parties, each school district board of education, in adopting and implementing its safe school plan, may consult with victims' advocacy organizations, school psychologists, local law enforcement, and community partners. The plan, at a minimum, must include the following: (a) Conduct and discipline code. (I) A concisely written conduct and discipline code that must be enforced uniformly, fairly, and consistently for all students. Copies of the code shall MUST be provided to each student upon enrollment at the preschool, elementary, middle, and high school levels and be posted or kept on file at each public school in the school district. The school district shall take reasonable measures to ensure that each student of each public school in the school district is familiar with the code. The code must include, but need not be limited to: (J) A dress code policy that prohibits students from wearing apparel that is deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school. The dress code policy may require students to wear a school uniform or may establish minimum standards of dress. THE DRESS CODE POLICY MUST ALLOW EACH STUDENT TO CHOOSE FROM ANY OF THE OPTIONS PROVIDED IN THE DRESS CODE POLICY. SECTION 8. In Colorado Revised Statutes, 24-34-301, amend (9); PAGE 4-HOUSE BILL 25-1312 and add (3.5) as follows: 24-34-301. Definitions. As used in parts 3 to 10 of this article 34, unless the context otherwise requires: (3.5) "CHOSEN NAME" MEANS A NAME THAT AN INDIVIDUAL REQUESTS TO BE KNOWN AS IN CONNECTION TO THE INDIVIDUAL'S DISABILITY, RACE, CREED, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS, FAMILIAL STATUS, NATIONAL ORIGIN, OR ANCESTRY, SO LONG AS THE NAME DOES NOT CONTAIN OFFENSIVE LANGUAGE AND THE INDIVIDUAL IS NOT REQUESTING THE NAME FOR FRIVOLOUS PURPOSES. (9) "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, CHOSEN NAME, AND HOW THE INDIVIDUAL CHOOSES TO BE ADDRESSED. SECTION 9. In Colorado Revised Statutes, add 24-34-300.5 and 24-34-300.7 as follows: 24-34-300.5. Short title. THE SHORT TITLE OF PARTS 3 TO 8 OF THIS ARTICLE 34 IS THE "COLORADO ANTI-DISCRIMINATION ACT" OR "CADA". 24-34-300.7. Legislative declaration. (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT EACH COLORADAN HAS THE RIGHT TO ACCESS FAIR EMPLOYMENT, HOUSING OPPORTUNITIES, PUBLIC ACCOMMODATIONS, AND ADVERTISING THAT IS FREE FROM DISCRIMINATION REGARDLESS OF THEIR MEMBERSHIP IN A PROTECTED CLASS, AS THOSE CLASSES ARE LISTED IN SECTIONS 24-34-402, 24-34-502, 24-34-601, AND 24-34-701. CADA PROHIBITS DISCRIMINATION BASED ON THESE PROTECTED CLASSES AND ENSURES THAT EVERY COLORADAN IS ABLE TO ENJOY FREEDOM FROM DISCRIMINATION. (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT COLORADO HAS A LONG HISTORY OF SUPPORTING FREEDOM OF CHOICE FOR COLORADANS. THIS INCLUDES THE CHOICE TO MAKE DECISIONS RELATED TO SAFELY SEEKING HEALTH-CARE SERVICES, INCLUDING LEGALLY PROTECTED HEALTH-CARE ACTIVITIES, AS DEFINED IN SECTION 12-30-121 (1)(d), THAT SUPPORT MENTAL, PHYSICAL, AND EMOTIONAL WELL-BEING FOR PAGE 5-HOUSE BILL 25-1312 COLORADANS, THEIR CHILDREN, AND THEIR FAMILY MEMBERS. IT IS THE PUBLIC POLICY OF COLORADO TO ENSURE THESE IMPORTANT DECISIONS CAN BE MADE WITHOUT UNNECESSARY GOVERNMENTAL INTERFERENCE. SECTION 10. In Colorado Revised Statutes, 25-2-113.8, repeal (5) as follows: 25-2-113.8. Birth certificate modernization act - new birth certificate following a change in gender designation - short title - definition. (5) The state registrar may only amend a gender designation for an individual's birth certificate one time upon the individual's request. Any further requests from the individual for additional gender designation changes require the submission of a court order indicating that the gender designation change is required. SECTION 11. In Colorado Revised Statutes, 42-2-107, amend (2)(a)(III) as follows: 42-2-107. Application for license or instruction permit - anatomical gifts - donations to Emily Keyes - John W. Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal. (2) (a) (III) The department may only amend a sex designation for an individual's driver's license one time THREE TIMES upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required. SECTION 12. In Colorado Revised Statutes, 42-2-302, amend (2.5)(b) as follows: 42-2-302. Department may or shall issue - limitations - rules. (2.5) (b) The department may only amend a sex designation for an individual's identification card one time THREE TIMES upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required. SECTION 13. In Colorado Revised Statutes, 42-2-505, amend (1.5)(b) as follows: PAGE 6-HOUSE BILL 25-1312 42-2-505. Identification documents - individuals not lawfully present - rules. (1.5) (b) The department may only amend a sex designation for an individual's identification document one time THREE TIMES upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required. SECTION 14. Severability. If any provision of this act or the application of this act to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. SECTION 15. Effective date. This act takes effect upon passage; except that sections 11, 12, and 13 of this act take effect October 1, 2026. SECTION 16. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for PAGE 7-HOUSE BILL 25-1312 the support and maintenance of the departments of the state and state institutions. ____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr. SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik 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 8-HOUSE BILL 25-1312