Amendments for HB25-1239
House Journal, February 26
52 HB25-1239 be amended as follows, and as so amended, be referred to
53 the Committee on Appropriations with favorable
54 recommendation:
55
1 Amend printed bill, page 5, line 2, strike "AGGRIEVED PARTY" and insert
2 "PLAINTIFF".
3
4 Page 5, line 11, strike "AGGRIEVED PARTY." and insert "PLAINTIFF.".
5
6 Page 5, line 19, strike "THAT IS A SMALL BUSINESS".
7
8 Page 5, strike line 24 and substitute "THAT KNOWINGLY, INTENTIONALLY,
9 OR RECKLESSLY MADE OR".
10
11 Page 5, strike line 27.
12
13 Page 6, strike lines 1 through 3 and substitute:
14
15 "(B) NOTWITHSTANDING THE PERIOD SET FORTH IN SUBSECTION
16 (1)(c)(II)(A) OF THIS SECTION, A DEFENDANT THAT IS NOT ABLE TO FULLY
17 CORRECT THE VIOLATION WITHIN THE THIRTY-DAY PERIOD SET FORTH IN
18 SUBSECTION (1)(c)(II)(A) OF THIS SECTION MAY BE ALLOWED ADDITIONAL
19 TIME IN THIRTY-DAY INCREMENTS NOT TO EXCEED A TOTAL OF ONE
20 HUNDRED TWENTY DAYS, INCLUDING THE INITIAL THIRTY-DAY PERIOD SET
21 FORTH IN SUBSECTION (1)(c)(II)(A) OF THIS SECTION, IF THE DEFENDANT
22 SHOWS GOOD FAITH EFFORT TO CORRECT THE VIOLATION. IF THE
23 DEFENDANT HAS NOT FULLY CORRECTED THE VIOLATION WITHIN ONE
24 HUNDRED TWENTY DAYS, THE DEFENDANT IS NOT ENTITLED TO THE
25 REDUCTION SET FORTH IN SUBSECTION (1)(c)(II)(A) OF THIS SECTION.".
26
27 Strike "(1)(a)(II)" and substitute "(1)(a)(I)" on: Page 5, lines 17 and 21.
28
29
House Journal, March 25
20 HB25-1239 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend printed bill, page 2, strike lines 7 through 14.
25
26 Page 3, strike lines 1 through 3.
27
28 Reletter succeeding paragraphs accordingly.
29
30 Page 3, line 4, strike "Additionally, the" and substitute "The".
31
32 Page 6, strike lines 13 through 24.
33
34 Renumber succeeding sections accordingly.
35
36 Page 9, after line 3 insert:
37
38 "SECTION 11. Appropriation. For the 2025-26 state fiscal year,
39 $100,305 is appropriated to the department of law. This appropriation is
40 from the legal services cash fund created in section 24-31-108 (4), C.R.S.,
41 from revenue received from the department of personnel that is
42 continuously appropriated to the department of personnel from the risk
43 management fund created in section 24-30-1510 (1)(a), C.R.S. The
44 appropriation to the department of law is based on an assumption that the
45 department of law will require an additional 0.4 FTE. To implement this
46 act, the department of law may use this appropriation to provide legal
47 services for the department of personnel.".
48
49 Renumber succeeding section accordingly.
50
51 Page 1, strike lines 103 through 105 and substitute "THEREWITH,
52 REORGANIZING AND".
53
54 Page 1, line 107, strike "PRACTICES." and substitute "PRACTICES AND
55 MAKING AN APPROPRIATION.".
House Journal, March 27
21 Amendment No. 1, Appropriations Report, dated March 25, 2025, and
22 placed in member’s bill file; Report also printed in House Journal,
23 March 25, 2025.
24
25 Amendment No. 2, Judiciary Report, dated February 25, 2025, and placed
26 in member’s bill file; Report also printed in House Journal, February 26,
27 2025.
28
29 Amendment No. 3, by Representative Zokaie:
30
31 Amend printed bill, page 3, strike lines 20 through 27.
32
33 Page 4, strike lines 1 through 3.
34
35 Renumber succeeding sections accordingly.
36
37 Page 4, line 13, strike "BY PART 7 OF THIS ARTICLE 34,".
38
39 Page 4, lines 17 and 18, strike "6 OR PART 7 OF THIS ARTICLE 34." and
40 substitute "6.".
41
42 Page 4, line 21, strike "liability - definition." and substitute "liability.".
43
44 Page 4, line 24, strike "24-34-802 (1)(a),".
45
46 Page 5, line 2, strike "24-34-802 (1)(a),".
47
48 Page 5, line 10, after "FINE" insert "PAYABLE TO EACH PLAINTIFF".
49
50 Page 5, line 20, strike "FIFTY PERCENT" and substitute "FIFTY-PERCENT"
51 and strike "AMOUNT OF" and substitute "STATUTORY CAP SET FORTH IN
52 SUBSECTION (1)(c)(I) OF THIS SECTION ON".
53
54 Page 6, before line 25 insert:
55
707 1 "SECTION 4. In Colorado Revised Statutes, amend 24-34-
2 as follows:
3 24-34-707. Relief authorized - definition. (1) In addition to the
4 relief authorized by section 24-34-306 (9), the commission may order a
5 respondent who has been found to have violated any of the provisions of
6 this part 7 to rehire, reinstate, and provide back pay to any employee or
7 agent discriminated against because of his THEIR obedience to this part 7;
8 to make reports as to the manner of compliance with the order of the
9 commission; and to take affirmative action, including the posting of
10 notices setting forth the substantive rights of the public under this part 7.
11 (2) (a) A PERSON AGGRIEVED BY THE VIOLATION OF SECTION
12 24-34-701 MAY BRING AN ACTION IN ANY COURT OF COMPETENT
13 JURISDICTION. UPON FINDING A VIOLATION OF SECTION 24-34-701, THE
14 PLAINTIFF IS ENTITLED TO A COURT ORDER REQUIRING COMPLIANCE WITH
15 SECTION 24-34-701, ATTORNEY'S FEES AND COSTS, AND EITHER:
16 (I) RECOVERY OF ACTUAL MONETARY DAMAGES AND, EXCEPT AS
17 OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF THIS SECTION, DAMAGES
5 18 FOR NONECONOMIC LOSS OR INJURY, AS DEFINED IN SECTION 13-21-102.
19 (2)(b); OR
20 (II) A STATUTORY FINE PAYABLE TO EACH PLAINTIFF OF FIVE
21 THOUSAND DOLLARS PER VIOLATION PER PLAINTIFF.
22 (b) (I) RECOVERY OF DAMAGES FOR NONECONOMIC LOSS OR
23 INJURY IN ACCORDANCE WITH SUBSECTION (2)(a)(I) OF THIS SECTION IS
24 LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS.
25 (II) (A) A DEFENDANT THAT IS A SMALL BUSINESS IS ENTITLED TO
26 A FIFTY-PERCENT REDUCTION OF THE STATUTORY CAP SET FORTH IN
27 SUBSECTION (2)(b)(I) OF THIS SECTION ON NONECONOMIC LOSS OR INJURY
28 DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION (2)(a)(I) OF THIS
29 SECTION IF THE DEFENDANT CORRECTS THE VIOLATION WITHIN THIRTY
30 DAYS AFTER THE COMPLAINT IS FILED; EXCEPT THAT A DEFENDANT THAT
31 IS A SMALL BUSINESS AND KNOWINGLY, INTENTIONALLY, OR RECKLESSLY
32 MADE OR CAUSED TO BE MADE THE VIOLATION IS NOT ENTITLED TO A
33 REDUCTION PURSUANT TO THIS SUBSECTION (2)(b)(II)(A).
34 (B) AS USED IN THIS SUBSECTION (2)(b)(II), "SMALL BUSINESS"
35 MEANS AN EMPLOYER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT
36 GENERATES NO MORE THAN THREE MILLION FIVE HUNDRED DOLLARS IN
37 ANNUAL GROSS INCOME.
38 (III) NOTHING IN THIS SUBSECTION (2)(b) REDUCES ACTUAL
39 MONETARY DAMAGES AWARDED IN ACCORDANCE WITH SUBSECTION
40 (2)(a)(I) OF THIS SECTION.
41 (c) FOR ANY SUIT BROUGHT PURSUANT TO THIS SECTION THAT
42 RELATES TO DISCRIMINATION ON THE BASIS OF DISABILITY, THE COURT
43 SHALL APPLY THE SAME STANDARDS AND DEFENSES THAT ARE AVAILABLE
42 44 UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990",
45 U.S.C. SEC. 12101 ET SEQ., AND ITS RELATED AMENDMENTS AND
46 IMPLEMENTING REGULATIONS.
47 (d) THE RELIEF PROVIDED BY THIS SUBSECTION (2) IS AN
48 ALTERNATIVE TO THAT AUTHORIZED BY SECTION 24-34-306 (9) AND AN
49 ALTERNATIVE TO THE RELIEF SET FORTH IN SUBSECTION (1) OF THIS
50 SECTION, AND A PERSON WHO SEEKS REDRESS UNDER THIS SUBSECTION (2)
51 IS NOT PERMITTED TO SEEK RELIEF FROM THE COMMISSION.".
52
53 Renumber succeeding sections accordingly.
54
55
1 Page 7, strike line 3 and substitute "section or of section 24-34-502 OR
2 24-34-502.2 24-34-601, or 24-34-803".
3
4 Page 7, line 6, strike "either of" and substitute "either of".
5
6 As amended, ordered engrossed and placed on the Calendar for Third
7 Reading and Final Passage.
8
House Journal, March 31
44 Amend engrossed bill, page 4, strike lines 13 and 14 and substitute:
45
46 "(II) A STATUTORY FINE OF FIVE THOUSAND DOLLARS, PAYABLE TO EACH
47 PLAINTIFF FOR EACH VIOLATION.".
48
49 Page 6, strike lines 18 and 19 and substitute:
50
51 "(II) A STATUTORY FINE OF FIVE THOUSAND DOLLARS, PAYABLE TO EACH
52 PLAINTIFF FOR EACH VIOLATION.".
53
54 Strike "ATTORNEY'S" and substitute "ATTORNEY" on: Page 4, line 8; and
55 Page 6, line 13.
56
1 The amendment was declared passed by the following roll call vote:
2
3 YES 42 NO 22 EXCUSED 1 ABSENT
4 Armagost N English Y Lindstedt Y Smith Y
5 Bacon Y Espenoza Y Luck N Soper N
6 Barron N Feret Y Lukens Y Stewart K. Y
7 Bird Y Froelich Y Mabrey Y Stewart R. Y
8 Boesenecker Y Garcia Y Marshall Y Story Y
9 Bottoms N Garcia Sander N Martinez Y Suckla N
10 Bradfield N Gilchrist Y Mauro Y Taggart N
11 Bradley N Gonzalez R. N McCormick Y Titone Y
12 Brooks N Hamrick Y Paschal Y Valdez Y
13 Brown Y Hartsook N Phillips Y Velasco E
14 Caldwell N Jackson Y Pugliese N Weinberg N
15 Camacho Y Johnson N Richardson N Willford Y
16 Carter Y Joseph Y Ricks Y Winter T. N
17 Clifford Y Keltie N Rutinel Y Woodrow Y
18 DeGraaf N Lieder Y Rydin Y Woog N
19 Duran Y Lindsay Y Sirota Y Zokaie Y
20 Speaker Y
21
22 The question being, "Shall the bill, as amended, pass?".
23 A roll call vote was taken. As shown by the following recorded vote, a
24 majority of those elected to the House voted in the affirmative, and the
25 bill, as amended, was declared passed.
26
27 YES 40 NO 24 EXCUSED 1 ABSENT
28 Armagost N English Y Lindstedt Y Smith Y
29 Bacon Y Espenoza Y Luck N Soper N
30 Barron N Feret Y Lukens Y Stewart K. Y
31 Bird N Froelich Y Mabrey Y Stewart R. Y
32 Boesenecker Y Garcia Y Marshall N Story Y
33 Bottoms N Garcia Sander N Martinez Y Suckla N
34 Bradfield N Gilchrist Y Mauro Y Taggart N
35 Bradley N Gonzalez R. N McCormick Y Titone Y
36 Brooks N Hamrick Y Paschal Y Valdez Y
37 Brown Y Hartsook N Phillips Y Velasco E
38 Caldwell N Jackson Y Pugliese N Weinberg N
39 Camacho Y Johnson N Richardson N Willford Y
40 Carter Y Joseph Y Ricks Y Winter T. N
41 Clifford Y Keltie N Rutinel Y Woodrow Y
42 DeGraaf N Lieder Y Rydin Y Woog N
43 Duran Y Lindsay Y Sirota Y Zokaie Y
44 Speaker Y
45 Co-sponsor(s) added: Representative(s) Bacon, Brown, Clifford, English,
46 Froelich, Garcia, Jackson, Joseph, Lieder, Lindsay, Mabrey, McCormick,
47 Paschal, Rutinel, Sirota, Smith, Story, Titone, Woodrow, Speaker
48
Senate Journal, April 14
After consideration on the merits, the Committee recommends that HB25-1239 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 9, strike line 11 and substitute "(3)(a)(II) and
(4)(a); and repeal (3)(a)(III) as follows:".
Page 9, after line 13 insert "(3) (a) A testing entity must grant an individual's
request for a testing accommodation on a licensing exam if the individual:
(II) Provides EITHER:
(A) Proof of having received the previous testing accommodation due
to the individual's disability on a past standardized exam or high-stakes test; OR
(B) A RECOMMENDATION LETTER FROM THE INDIVIDUAL'S TREATING
MEDICAL PROFESSIONAL THAT RECOMMENDS THE ACCOMMODATIONS
REQUESTED BY THE INDIVIDUAL AND IS SIGNED AND DATED BY THE TREATING
MEDICAL PROFESSIONAL MAKING THE RECOMMENDATION; AND
(III) Provides a recommendation letter from the individual's treating
medical professional that recommends the accommodations requested by the
individual. The recommendation letter must be signed and dated by the treating
medical professional making the recommendation; and".
Judiciary
Senate Journal, April 24
HB25-1239 by Representative(s) Zokaie and Boesenecker; also Senator(s) Daugherty and Weissman,
Roberts--Concerning modification of remedy provisions in the Colorado anti-
discrimination act, and, in connection therewith, reorganizing and expanding the provisions
for damages in a civil action for certain discriminatory or unfair practices and making an
appropriation.
Senator Pelton R. moved to amend the Report of the Committee of the Whole to show that
the following Lundeen floor amendment, (L.019) to HB25-1239, did pass.
Amend reengrossed bill, page 3, line 24, after "add" insert "(a.5) and".
Page 4, after line 14 insert:
"(a.5) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION, UPON
FINDING A VIOLATION OF SECTION 24-34-601, 24-34-802 (1)(b), OR 24-34-
803 BY A DEFENDANT THAT IS A BUSINESS WITH FEWER THAN FIFTY
EMPLOYEES AND DEMONSTRATES GOOD FAITH EFFORT TO COMPLY WITH
SECTION 24-34-601, 24-34-802 (1)(b), OR 24-34-803, THE MONETARY RELIEF
SET FORTH IN SUBSECTION (1)(a) OF THIS SECTION SHALL NOT BE ASSESSED
AGAINST THE DEFENDANT.".
Page 6, after line 19 insert:
"(a.5) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, UPON
FINDING A VIOLATION OF SECTION 24-34-601, 24-34-802 (1)(b), OR 24-34-
803 BY A DEFENDANT THAT IS A BUSINESS WITH FEWER THAN FIFTY
EMPLOYEES AND DEMONSTRATES GOOD FAITH EFFORT TO COMPLY WITH
SECTION 24-34-601, 24-34-802 (1)(b), OR 24-34-803, THE MONETARY RELIEF
SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION SHALL NOT BE ASSESSED
AGAINST THE DEFENDANT.".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 13 NO 17 EXCUSED 5 ABSENT 0
Amabile N Daugherty E Liston Y Rodriguez N
Baisley Y Exum N Lundeen Y Simpson Y
Ball N Frizell Y Marchman N Snyder Y
Bridges E Gonzales J. N Michaelson N Sullivan N
Bright Y Hinrichsen N Mullica N Wallace N
Carson Y Jodeh N Pelton B. Y Weissman N
Catlin Y Kipp N Pelton R. Y Winter F. E
Cutter E Kirkmeyer Y Rich Y President N
Danielson E Kolker N Roberts N