As the state legislative session speeds by, lawmakers have introduced just over 10 bills that address civil law.
One of the bills currently being considered consolidates damages provisions for individuals with disabilities who experience a violation of their civil rights with the general protections under the Colorado Anti-Discrimination Act.
Also under consideration is a bill that requires anyone filing a pre-merger notification with the federal government under the Hart-Scott-Rodino Act to also file with the Colorado attorney general if the person’s principal place of business is in Colorado or the person or a person it controls directly or indirectly had annual net sales in the state of goods or services involved in the transaction of at least 20% of the filing threshold, according to the bill’s fiscal note.
As of March 3, that measure was referred unamended to Appropriations by the Senate Committee on Judiciary.
A few bills related to civil law have already been signed by Gov. Jared Polis, including a bill introduced in January that eliminates an exception under current state law that allows certain evidence of a victim’s prior or subsequent sexual conduct with a defendant to be admitted as evidence in sexual misconduct suits. It also prohibits admitting as evidence the victim’s manner of dress, hairstyle, speech or lifestyle.
Another bill that’s already been passed provides civil immunity for landowners who allow entry and exit access to their property in connection with an emergency. The bill clarifies that immunity isn’t granted when damage or injury arises from gross negligence or willful misconduct caused by the landowner.
Bill Number: HB25-1239
Title: Colorado Anti-Discrimination Act
Introduced: Feb. 12
Sponsors: Y. Zokaie, L. Daugherty, M. Weissman
Summary: The bill consolidates damages provisions for individuals with disabilities who experience an unfair housing practice, discrimination in places of public accommodation or a violation of their civil rights with the general protections under the Colorado Anti-Discrimination Act for all protected classes. With the consolidation of these provisions, the allowable remedies under CADA include a court order requiring compliance with the applicable section of CADA, actual monetary damages, attorney fees and costs, damages for noneconomic loss or injury and a statutory fine of $5,000.
Bill Number: SB25-126
Title: Uniform Antitrust Pre-Merger Notification Act
Introduced: Feb. 5
Sponsors: M. Snyder, C. Espenoza
Summary: The bill requires persons filing a pre-merger notification with the federal government under the Hart-Scott-Rodino Act to also file with the Colorado Attorney General if the person’s principal place of business is in Colorado or the person or a person it controls directly or indirectly had annual net sales in the state of goods or services involved in the transaction of at least 20% of the filing threshold. Any submission must be kept confidential unless the information is relevant to an administrative proceeding or judicial action. The AG may not charge a fee for the filing but may seek imposition of a civil penalty of not more than $10,000 if a person does not comply with filing requirements.
Bill Number: HB25-1166
Title: Efforts to Reduce Food Waste
Introduced: Feb. 3
Sponsors: L. Feret, R. Weinberg, C. Kipp, L. Cutter
Summary: The Department of Public Health and Environment operates the Colorado Green Business Network, a voluntary program that promotes sustainability in the private sector. The bill expands the scope of the program to include training on food waste reduction. The bill increases the donation and resale of food by allowing retail food establishments to sell chilled or frozen food at a discount to individuals eligible for food assistance, allowing retail food establishments to sell or donate food online, encouraging grocery stores to replace “sell by” dates with “best if used or frozen by” dates and expanding the recipients of donated food, such that the donation qualifies for immunity from civil or criminal liability.
Bill Number: HB25-1031
Title: Law Enforcement Whistleblower Protection
Introduced: Jan. 8
Sponsors: J. Bacon, C. Clifford
Summary: The bill creates a private right of action for a peace officer against their employer if the employer retaliates against a whistleblower who disclosed a danger to public health or safety, or an alleged violation of law committed by another officer. The new whistleblower protections apply to peace officers employed by a subdivision or instrumentality of the state, such as a county, city and county, municipality, public school district or special-purpose district or authority. The bill lays out what actions against a whistleblower are unlawful, waives sovereign immunity in these actions, establishes a statute of limitations, establishes what a court can do in frivolous cases and clarifies that internal administrative processes should be followed before bringing a case. Finally, the bill requires all state and local agencies employing peace officers to provide training or a workplace posting about these requirements
Bill Number: SB25-009
Title: Recognition of Tribal Court Orders
Introduced: Jan. 8
Sponsors: D. Roberts, J. Danielson, R. Weinberg, J. Joseph
Summary: The bill requires state courts, law enforcement, hospitals, behavioral health facilities and health care providers to recognize and enforce tribal court orders, arrest warrants and behavioral health commitment orders.
Law Week’s legislative tracking is done through State Bill, a product of our publisher, Circuit Media.