First Regular Session
Sixty-second General Assembly
LLS NO. 99-0643.01 Julie Pelegrin HOUSE BILL 99-1245
STATE OF COLORADO
BY REPRESENTATIVE Leyba;
also SENATOR Tanner.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING THE EXTENSION OF CIVIL RIGHTS TO PERSONS
102 DISCRIMINATED AGAINST ON THE BASIS OF SEXUAL ORIENTATION.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Adds sexual orientation to the list of characteristics for which a
person may not be discriminated against under the state laws applying to:
Consumer credit sales, consumer leases, or consumer
loans;
Membership in a labor organization;
Inclusion in public works projects;
Issuance of licenses to practice law;
Sale of cemetery plots;
Funeral establishment services;
Enrollment or classification of students at private
occupational schools;
Jury service;
Funding for national academic award winners;
Admission to a charter school, a charter school district, or
a pilot school for expelled students;
Written school board policies regarding employment,
promotion, and dismissal;
Library resources provided to teachers and children in a
school district;
Teacher assignments or transfers;
Leasing of buildings by the school of mines board of
trustees or the state board of agriculture on behalf of the
university of southern Colorado;
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Employers' practices involving hiring, discharge,
promotion or demotion, and compensation;
Employment agency practices involving listings, referrals,
or complying with an employer's direct or indirect request
to discriminate;
Labor organization practices involving the exclusion,
expulsion, or other discrimination in membership;
Employer, employment agency, or labor organization
practices involving the use of a discriminatory publication,
application, or inquiry;
Apprenticeship training programs or other occupational
instruction programs;
Refusals to sell or rent any housing;
Housing lenders making inquiries of applicants or of
prospective occupants or tenants;
Publishing of notices or sale or rental of housing properties
and any preferences or limitations;
Residential real estate agents, listing services, or any
organization that induces a person to sell or rent because of
the entry of a person in a protected class into the
neighborhood;
The representation that a property is not available when, in
fact, it is;
Real estate appraiser practices involving the use of factors
other than protected classes;
The withholding of goods and services by a place of public
accommodation or the publishing of such practices with the
intent to discriminate;
Employment in the state personnel system;
Implementation of the state plan for implementation of the
federal act for the construction of health facilities;
Availability of family planning services;
Employment practices of county departments of social
services involving selection, retention, and promotion of
employees;
Eligibility of managed care plans to participate in the
children's health plan or the children's basic health plan;
Restrictions imposed by the Colorado housing and finance
authority before making a housing facility loan;
Eligibility of property used for strictly charitable purposes
for exemption from property tax;
Determination of whether expenses paid at or to a club that
has a policy to restrict membership are tax deductible.
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1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 2-4-401, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW SUBSECTION to read:
4 2-4-401. Definitions. The following definitions apply to every
5 statute, unless the context otherwise requires:
6 (13.5) "SEXUAL ORIENTATION" MEANS A PERSON'S ACTUAL OR
7 PERCEIVED ORIENTATION TOWARD HETEROSEXUALITY, HOMOSEXUALITY,
8 BISEXUALITY, OR TRANSSEXUALITY.
9 SECTION 2. 5-1-109, Colorado Revised Statutes, is amended to
10 read:
11 5-1-109. Discrimination prohibited. No consumer credit sale,
12 consumer lease, or consumer loan regulated by this title shall be denied
13 any person, nor shall terms and conditions be made more stringent, on the
14 basis of discrimination, solely because of race, creed, religion, color, sex,
15 SEXUAL ORIENTATION, marital status, national origin, or ancestry. This
16 section shall not apply to any consumer credit sale, consumer lease, or
17 consumer loan made or denied by a seller, lessor, or lender whose total
18 original unpaid balances arising from consumer credit sales, consumer
19 leases, and consumer loans for the previous calendar year are less than
20 one million dollars.
21 SECTION 3. 8-3-102 (1) (d), Colorado Revised Statutes, is
22 amended to read:
23 8-3-102. Legislative declaration. (1) The public policy of the
24 state as to employment relations and collective bargaining, in the
25 furtherance of which this article is enacted, is declared to be as follows:
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1 (d) All rights of persons to join labor organizations or unions and
2 their rights and privileges as members thereof should be recognized,
3 safeguarded, and protected. No person shall be denied membership in a
4 labor organization or union on account of race, color, religion, sex, OR
5 SEXUAL ORIENTATION or by any unfair or unjust discrimination. Arbitrary
6 or excessive initiation fees and dues shall not be required, nor shall
7 excessive, unwarranted, arbitrary, or oppressive fines, penalties, or
8 forfeitures be imposed. The members are entitled to full and detailed
9 reports from their officers, agents, or representatives of all financial
10 transactions and shall have the right to elect officers by secret ballot and
11 to determine and vote upon the question of striking, not striking, and
12 other questions of policy affecting the entire membership.
13 SECTION 4. 8-17-101, Colorado Revised Statutes, is amended
14 to read:
15 8-17-101. Colorado labor shall be employed on public works.
16 Whenever any public works financed in whole or in part by funds of the
17 state, counties, school districts, or municipalities of the state of Colorado
18 are undertaken in this state, Colorado labor shall be employed to perform
19 the work to the extent of not less than eighty percent of each type or class
20 of labor in the several classifications of skilled and common labor
21 employed on such project or public works. "Colorado labor" as used in
22 this article means any person who is a resident of the state of Colorado,
23 at the time of employment, without discrimination as to race, color, creed,
24 sex, SEXUAL ORIENTATION, age, or religion except when sex or age is a
25 bona fide occupational qualification.
26 SECTION 5. 12-5-102, Colorado Revised Statutes, is amended
Page 5
1 to read:
2 12-5-102. Race, sex, or sexual orientation not to disqualify. No
3 person shall be denied a license to practice on account of race, or sex, OR
4 SEXUAL ORIENTATION.
5 SECTION 6. 12-12-114, Colorado Revised Statutes, is amended
6 to read:
7 12-12-114. Discrimination. There shall be no limitation,
8 restriction, or covenant based upon race, color, SEXUAL ORIENTATION,
9 national origin, or ancestry on the size, placement, location, sale, or
10 transfer of any cemetery grave space, niche, or crypt or in the interment
11 of a deceased person.
12 SECTION 7. 12-47-416 (3) (b), Colorado Revised Statutes, is
13 amended to read:
14 12-47-416. Club license - legislative declaration. (3) (b) Any
15 club licensee which THAT has a policy to restrict membership on the basis
16 of sex, SEXUAL ORIENTATION, race, religion, color, ancestry, or national
17 origin shall, when issuing a receipt for expenses which THAT may
18 otherwise be used by taxpayers for deduction purposes pursuant to
19 section 162 (a) of the federal "Internal Revenue Code of 1986", as
20 amended, for purposes of determining taxes owed pursuant to article 22
21 of title 39, C.R.S., incorporate a printed statement on the receipt as
22 follows:
23 The expenditures covered by this receipt are
24 nondeductible for state income tax purposes.
25 SECTION 8. 12-54-117 (1) (e), Colorado Revised Statutes, is
26 amended to read:
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1 12-54-117. Unlawful acts. (1) It is unlawful:
2 (e) For any funeral establishment or mortuary science practitioner
3 under this part 1 to discriminate in services because of race, creed, color,
4 SEXUAL ORIENTATION, or national origin;
5 SECTION 9. 12-59-106 (1) (s), Colorado Revised Statutes, is
6 amended to read:
7 12-59-106. Minimum standards. (1) In establishing the criteria
8 required by section 12-59-105.3 (1) (a), (1) (b), and (1) (k), the board
9 shall observe and require compliance with at least the following minimum
10 standards for all schools:
11 (s) That the school shall not deny enrollment of a student or make
12 any distinction or classification of students on account of race, color,
13 creed, national origin, SEXUAL ORIENTATION, or sex.
14 SECTION 10. 13-71-104 (3) (a), Colorado Revised Statutes, is
15 amended to read:
16 13-71-104. Eligibility for juror service - prohibition of
17 discrimination. (3) (a) No person shall be exempted or excluded from
18 serving as a trial or grand juror because of race, color, religion, sex,
19 SEXUAL ORIENTATION, national origin, economic status, or occupation.
20 SECTION 11. 22-2-121 (2) (c), Colorado Revised Statutes, is
21 amended to read:
22 22-2-121. Department of education - funding for national
23 academic award winners. (2) (c) The contests shall be open to all
24 pupils regardless of race, creed, sex, SEXUAL ORIENTATION, or national
25 origin; except that a contest may separate pupils by age or grade level.
26 SECTION 12. 22-30.5-104 (3), Colorado Revised Statutes, is
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1 amended to read:
2 22-30.5-104. Charter school - requirements - authority. (3) A
3 charter school shall be subject to all federal and state laws and
4 constitutional provisions prohibiting discrimination on the basis of
5 disability, race, creed, color, gender, SEXUAL ORIENTATION, national
6 origin, religion, ancestry, or need for special education services. A
7 charter school shall be subject to any court-ordered desegregation plan in
8 effect for the school district. Enrollment must be open to any child who
9 resides within the school district; except that no charter school shall be
10 required to make alterations in the structure of the facility used by the
11 charter school or to make alterations to the arrangement or function of
12 rooms within the facility, except as may be required by state or federal
13 law. Enrollment decisions shall be made in a nondiscriminatory manner
14 specified by the charter school applicant in the charter school application.
15 SECTION 13. 22-30.5-204 (3), Colorado Revised Statutes, is
16 amended to read:
17 22-30.5-204. Charter school districts - creation - requirements.
18 (3) A charter school district shall be subject to all federal and state laws
19 and constitutional provisions prohibiting discrimination on the basis of
20 disability, race, creed, color, gender, SEXUAL ORIENTATION, national
21 origin, religion, ancestry, or need for special education services. A
22 charter school district shall be subject to any court-ordered desegregation
23 plan in effect for the school district at the time the district's charter
24 application is approved. Enrollment in a charter school district shall be
25 open to any child who resides within the state as if the charter school
26 district were not operating under a charter.
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1 SECTION 14. 22-32-110 (1) (k) and (1) (dd), Colorado Revised
2 Statutes, are amended to read:
3 22-32-110. Board of education - specific powers. (1) In
4 addition to any other power granted to a board of education of a school
5 district by law, each board of education of a school district shall have the
6 following specific powers, to be exercised in its judgment:
7 (k) To adopt written policies AND rules, and regulations, not
8 inconsistent with law, which THAT may relate to the efficiency, in-service
9 training, professional growth, safety, official conduct, and welfare of the
10 employees, or any classification thereof, of the district. The practices of
11 employment, promotion, and dismissal shall be unaffected by the
12 employee's religious beliefs, marital status, SEXUAL ORIENTATION, racial
13 or ethnic background, or participation in community affairs.
14 (dd) To provide, in the discretion of the local board, out of federal
15 grants made available specifically for this purpose, library resources
16 which, for the purposes of this title, means books, periodicals, documents,
17 magnetic tapes, films, phonograph records, and other related library
18 materials and printed and published instructional materials for the use and
19 benefit of all children in the district and the use of teachers to benefit all
20 children in the district, both in the public and nonpublic schools, without
21 charge and without discrimination on the ground of race, color, religion,
22 sex, SEXUAL ORIENTATION, or national origin;
23 SECTION 15. 22-38-104 (1) (d), Colorado Revised Statutes, is
24 amended to read:
25 22-38-104. Pilot schools - requirements - authority. (1) The
26 state board may provide for the establishment and operation of not more
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1 than one full-time residential pilot school and not more than three
2 year-round nonresidential pilot schools pursuant to the following
3 provisions:
4 (d) A pilot school shall be subject to all federal and state laws and
5 constitutional provisions prohibiting discrimination on the basis of
6 disability, race, creed, color, gender, SEXUAL ORIENTATION, national
7 origin, religion, or ancestry. Enrollment decisions shall be made in a
8 nondiscriminatory manner specified by the pilot school applicant in the
9 pilot school application.
10 SECTION 16. 22-63-206 (1), Colorado Revised Statutes, is
11 amended to read:
12 22-63-206. Transfer - compensation. (1) A teacher may be
13 transferred upon the recommendation of the chief administrative officer
14 of a school district from one school, position, or grade level to another
15 within the school district, if such transfer does not result in the
16 assignment of the teacher to a position of employment for which he OR
17 SHE is not qualified by virtue of academic preparation and certification
18 and if, during the then current school year, the amount of salary of such
19 teacher is not reduced except as otherwise provided in subsections (2) and
20 (3) of this section. There shall be no discrimination shown toward any
21 teacher in the assignment or transfer of that teacher to a school, position,
22 or grade because of sex, SEXUAL ORIENTATION, race, creed, color, or
23 membership or nonmembership in any group or organization.
24 SECTION 17. 23-41-104 (2), Colorado Revised Statutes, is
25 amended to read:
26 23-41-104. Control - management. (2) The board of trustees
Page 10
1 has the power to lease, for terms not exceeding eighty years, real or
2 personal property, or both, to state or federal governmental agencies,
3 persons, or entities, public or private, for the construction, use, operation,
4 maintenance, and improvement of research and development facilities,
5 health and recreation facilities, dormitories, and living, dining, and group
6 housing buildings and facilities or for any of such purposes and to buy
7 land and construct buildings and facilities therefor. None of the grounds
8 so leased nor any of the improvements constructed thereon shall be used
9 in any manner which THAT discriminates against anyone because of race,
10 creed, color, SEXUAL ORIENTATION, or religion. The board of trustees has
11 the power to borrow money in conjunction with such construction and
12 leases and to assist in effecting any of such purposes. Any actions taken
13 prior to May 27, 1965, by the board of trustees consistent with any power
14 granted in this subsection (2) are ratified and validated.
15 SECTION 18. 23-55-106 (1), Colorado Revised Statutes, is
16 amended to read:
17 23-55-106. Additional powers of board. (1) The state board of
18 agriculture also has the power to lease portions of the grounds of the
19 university of southern Colorado to private persons and corporations for
20 the construction of dormitory, living, dining, or cottage buildings and to
21 rent, lease, maintain, operate, and purchase such buildings at such
22 university, all in the manner provided by and subject to the limitations
23 contained in sections 23-56-103 to 23-56-109; except that none of the
24 grounds so leased nor any of the improvements constructed thereon shall
25 be used for the purpose of housing fraternities, sororities, or other such
26 student clubs or organizations; and except that none of such grounds or
Page 11
1 improvements shall be used in any manner which THAT discriminates
2 against anyone because of race, creed, color, SEXUAL ORIENTATION, or
3 religion; and except that all the improvements constructed thereon shall
4 be operated and managed by said university.
5 SECTION 19. 24-34-402 (1) (a), (1) (b), (1) (c), (1) (d), and (1)
6 (f), Colorado Revised Statutes, are amended to read:
7 24-34-402. Discriminatory or unfair employment practices.
8 (1) It shall be a discriminatory or unfair employment practice:
9 (a) For an employer to refuse to hire, to discharge, to promote or
10 demote, or to discriminate in matters of compensation against any person
11 otherwise qualified because of disability, race, creed, color, sex, SEXUAL
12 ORIENTATION, age, national origin, or ancestry; but, with regard to a
13 disability, it is not a discriminatory or an unfair employment practice for
14 an employer to act as provided in this paragraph (a) if there is no
15 reasonable accommodation that the employer can make with regard to the
16 disability, the disability actually disqualifies the person from the job, and
17 the disability has a significant impact on the job;
18 (b) For an employment agency to refuse to list and properly
19 classify for employment or to refer an individual for employment in a
20 known available job for which such individual is otherwise qualified
21 because of disability, race, creed, color, sex, SEXUAL ORIENTATION, age,
22 national origin, or ancestry or for an employment agency to comply with
23 a request from an employer for referral of applicants for employment if
24 the request indicates either directly or indirectly that the employer
25 discriminates in employment on account of disability, race, creed, color,
26 sex, SEXUAL ORIENTATION, age, national origin, or ancestry; but, with
Page 12
1 regard to a disability, it is not a discriminatory or an unfair employment
2 practice for an employment agency to refuse to list and properly classify
3 for employment or to refuse to refer an individual for employment in a
4 known available job for which such individual is otherwise qualified if
5 there is no reasonable accommodation that the employer can make with
6 regard to the disability, the disability actually disqualifies the applicant
7 from the job, and the disability has a significant impact on the job;
8 (c) For a labor organization to exclude any individual otherwise
9 qualified from full membership rights in such labor organization, or to
10 expel any such individual from membership in such labor organization,
11 or to otherwise discriminate against any of its members in the full
12 enjoyment of work opportunity because of disability, race, creed, color,
13 sex, SEXUAL ORIENTATION, age, national origin, or ancestry;
14 (d) For any employer, employment agency, or labor organization
15 to print or circulate or cause to be printed or circulated any statement,
16 advertisement, or publication, or to use any form of application for
17 employment or membership, or to make any inquiry in connection with
18 prospective employment or membership which THAT expresses, either
19 directly or indirectly, any limitation, specification, or discrimination as
20 to disability, race, creed, color, sex, SEXUAL ORIENTATION, age, national
21 origin, or ancestry or intent to make any such limitation, specification, or
22 discrimination, unless based upon a bona fide occupational qualification
23 or required by and given to an agency of government for security reasons;
24 (f) For any employer, labor organization, joint apprenticeship
25 committee, or vocational school providing, coordinating, or controlling
26 apprenticeship programs or providing, coordinating, or controlling
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1 on-the-job training programs or other instruction, training, or retraining
2 programs:
3 (I) To deny to or withhold from any qualified person because of
4 disability, race, creed, color, sex, SEXUAL ORIENTATION, age, national
5 origin, or ancestry the right to be admitted to or participate in an
6 apprenticeship training program, an on-the-job training program, or any
7 other occupational instruction, training, or retraining program; but, with
8 regard to a disability, it is not a discriminatory or an unfair employment
9 practice to deny or withhold the right to be admitted to or participate in
10 any such program if there is no reasonable accommodation that can be
11 made with regard to the disability, the disability actually disqualifies the
12 applicant from the program, and the disability has a significant impact on
13 participation in the program;
14 (II) To discriminate against any qualified person in pursuit of such
15 programs or to discriminate against such a person in the terms,
16 conditions, or privileges of such programs because of disability, race,
17 creed, color, sex, SEXUAL ORIENTATION, age, national origin, or ancestry;
18 (III) To print or circulate or cause to be printed or circulated any
19 statement, advertisement, or publication, or to use any form of application
20 for such programs, or to make any inquiry in connection with such
21 programs which THAT expresses, directly or indirectly, any limitation,
22 specification, or discrimination as to disability, race, creed, color, sex,
23 SEXUAL ORIENTATION, age, national origin, or ancestry or any intent to
24 make any such limitation, specification, or discrimination, unless based
25 on a bona fide occupational qualification;
26 SECTION 20. 24-34-501 (3) and (4), Colorado Revised Statutes,
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1 are amended to read:
2 24-34-501. Definitions. As used in this part 5, unless the context
3 otherwise requires:
4 (3) "Person" has the meaning ascribed to such term in section
5 24-34-301 (5) and includes any owner, lessee, proprietor, manager,
6 employee, or any agent of a person; but, for purposes of this part 5,
7 "person" does not include any private club not open to the public which
8 THAT as an incident to its primary purpose or purposes provides lodgings
9 which THAT it owns or operates for other than a commercial purpose
10 unless such club has the purpose of promoting discrimination in the
11 matter of housing against any person because of disability, race, creed,
12 color, SEXUAL ORIENTATION, marital status, familial status, national
13 origin, or ancestry.
14 (4) "Restrictive covenant" means any specification limiting the
15 transfer, rental, or lease of any housing because of disability, race, creed,
16 color, sex, SEXUAL ORIENTATION, marital status, familial status, national
17 origin, or ancestry.
18 SECTION 21. 24-34-502 (1) (a), (1) (b), (1) (d), (1) (g), (1) (h),
19 (1) (i), (1) (j), and (6), Colorado Revised Statutes, are amended to read:
20 24-34-502. Unfair housing practices prohibited. (1) It shall be
21 an unfair housing practice and unlawful and hereby prohibited:
22 (a) For any person to refuse to show, sell, transfer, rent, or lease,
23 or to refuse to receive and transmit any bona fide offer to buy, sell, rent,
24 or lease, or otherwise make unavailable or deny or withhold from any
25 person such housing because of disability, race, creed, color, sex, SEXUAL
26 ORIENTATION, marital status, familial status, religion, national origin, or
Page 15
1 ancestry; to discriminate against any person because of disability, race,
2 creed, color, sex, SEXUAL ORIENTATION, marital status, familial status,
3 religion, national origin, or ancestry in the terms, conditions, or privileges
4 pertaining to any housing or the transfer, sale, rental, or lease thereof or
5 in the furnishing of facilities or services in connection therewith; or to
6 cause to be made any written or oral inquiry or record concerning the
7 disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status,
8 familial status, religion, national origin, or ancestry of a person seeking
9 to purchase, rent, or lease any housing; however, nothing in this
10 paragraph (a) shall be construed to require a dwelling to be made
11 available to an individual whose tenancy would constitute a direct threat
12 to the health or safety of other individuals or whose tenancy would result
13 in substantial physical damage to the property of others;
14 (b) For any person to whom application is made for financial
15 assistance for the acquisition, construction, rehabilitation, repair, or
16 maintenance of any housing to make or cause to be made any written or
17 oral inquiry concerning the disability, race, creed, color, sex, SEXUAL
18 ORIENTATION, marital status, familial status, religion, national origin, or
19 ancestry of a person seeking such financial assistance or concerning the
20 disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status,
21 familial status, religion, national origin, or ancestry of prospective
22 occupants to tenants of such housing, or to discriminate against any
23 person because of the disability, race, creed, color, sex, SEXUAL
24 ORIENTATION, marital status, familial status, religion, national origin, or
25 ancestry of such person or prospective occupants or tenants in the terms,
26 conditions, or privileges relating to the obtaining or use of any such
Page 16
1 financial assistance;
2 (d) For any person to make, print, or publish or cause to be made,
3 printed, or published any notice or advertisement relating to the sale,
4 transfer, rental, or lease of any housing which THAT indicates any
5 preference, limitation, specification, or discrimination based on disability,
6 race, creed, color, sex, SEXUAL ORIENTATION, marital status, familial
7 status, national origin, or ancestry;
8 (g) For any person whose business includes residential real
9 estate-related transactions, which transactions involve the making or
10 purchasing of loans secured by residential real estate or the provisions of
11 other financial assistance for purchasing, constructing, improving,
12 repairing, or maintaining a dwelling or the selling, brokering, or
13 appraising of residential real property, to discriminate against any person
14 in making available such a transaction or in fixing the terms or conditions
15 of such a transaction because of race, creed, color, religion, sex, SEXUAL
16 ORIENTATION, marital status, disability, familial status, or national origin
17 or ancestry;
18 (h) For any person to deny another person access to or
19 membership or participation in any multiple-listing service, real estate
20 brokers' organization or other service, organization, or facility related to
21 the business of selling or renting dwellings or to discriminate against such
22 person in the terms or conditions of such access, membership, or
23 participation on account of race, creed, color, religion, sex, SEXUAL
24 ORIENTATION, disability, marital status, familial status, or national origin
25 or ancestry;
26 (i) For any person, for profit, to induce or attempt to induce any
Page 17
1 person to sell or rent any dwelling by representations regarding the entry
2 or prospective entry into the neighborhood of a person or persons of a
3 particular race, color, religion, sex, SEXUAL ORIENTATION, disability,
4 familial status, creed, national origin, or ancestry;
5 (j) For any person to represent to any other person that any
6 dwelling is not available for inspection, sale, or rental, when such
7 dwelling is in fact available, for the purpose of discriminating against
8 another person on the basis of race, color, religion, sex, SEXUAL
9 ORIENTATION, disability, familial status, creed, national origin, or
10 ancestry.
11 (6) Nothing in this part 5 shall prohibit a person engaged in the
12 business of furnishing appraisals of real property from taking into
13 consideration factors other than race, creed, color, religion, sex, SEXUAL
14 ORIENTATION, marital status, familial status, disability, religion, national
15 origin, or ancestry.
16 SECTION 22. 24-34-601 (2), Colorado Revised Statutes, is
17 amended to read:
18 24-34-601. Discrimination in places of public accommodation.
19 (2) It is a discriminatory practice and unlawful for a person, directly or
20 indirectly, to refuse, withhold from, or deny to an individual or a group,
21 because of disability, race, creed, color, sex, SEXUAL ORIENTATION,
22 marital status, national origin, or ancestry, the full and equal enjoyment
23 of the goods, services, facilities, privileges, advantages, or
24 accommodations of a place of public accommodation or, directly or
25 indirectly, to publish, circulate, issue, display, post, or mail any written
26 or printed communication, notice, or advertisement which THAT indicates
Page 18
1 that the full and equal enjoyment of the goods, services, facilities,
2 privileges, advantages, or accommodations of a place of public
3 accommodation will be refused, withheld from, or denied an individual
4 or that an individual's patronage or presence at a place of public
5 accommodation is unwelcome, objectionable, unacceptable, or
6 undesirable because of disability, race, creed, color, sex, SEXUAL
7 ORIENTATION, marital status, national origin, or ancestry.
8 SECTION 23. 24-34-602, Colorado Revised Statutes, is amended
9 to read:
10 24-34-602. Penalty and civil liability. Any person who violates
11 any of the provisions of section 24-34-601 by denying to any citizen,
12 except for reasons applicable alike to all citizens of every disability, race,
13 creed, color, sex, SEXUAL ORIENTATION, marital status, national origin, or
14 ancestry, and regardless of disability, race, creed, color, sex, SEXUAL
15 ORIENTATION, marital status, national origin, or ancestry, the full
16 enjoyment of any of the accommodations, advantages, facilities, or
17 privileges in said section enumerated or by aiding or inciting such denial,
18 for every such offense, shall forfeit and pay a sum of not less than fifty
19 dollars nor more than five hundred dollars to the person aggrieved
20 thereby to be recovered in any court of competent jurisdiction in the
21 county where said offense was committed; and also for every such
22 offense such person is guilty of a misdemeanor and, upon conviction
23 thereof, shall be punished by a fine of not less than ten dollars nor more
24 than three hundred dollars, or by imprisonment in the county jail for not
25 more than one year, or by both such fine and imprisonment. A judgment
26 in favor of the party aggrieved or punishment upon an indictment or
Page 19
1 information shall be a bar to either prosecution, respectively; but the
2 relief provided by this section shall be an alternative to that authorized by
3 section 24-34-306 (9), and a person who seeks redress under this section
4 shall not be permitted to seek relief from the commission.
5 SECTION 24. 24-34-701, Colorado Revised Statutes, is amended
6 to read:
7 24-34-701. Publishing of discriminative matter forbidden. No
8 person, being the owner, lessee, proprietor, manager, superintendent,
9 agent, or employee of any place of public accommodation, resort, or
10 amusement, directly or indirectly, by himself or herself or through
11 another person shall publish, issue, circulate, send, distribute, give away,
12 or display in any way, manner, or shape or by any means or method,
13 except as provided in this section, any communication, paper, poster,
14 folder, manuscript, book, pamphlet, writing, print, letter, notice, or
15 advertisement of any kind, nature, or description which THAT is intended
16 or calculated to discriminate or actually discriminates against any
17 disability, race, creed, color, sex, SEXUAL ORIENTATION, marital status,
18 national origin, or ancestry or against any of the members thereof in the
19 matter of furnishing or neglecting or refusing to furnish to them or any
20 one of them any lodging, housing, schooling, or tuition or any
21 accommodation, right, privilege, advantage, or convenience offered to or
22 enjoyed by the general public or which THAT states that any of the
23 accommodations, rights, privileges, advantages, or conveniences of any
24 such place of public accommodation, resort, or amusement shall or will
25 be refused, withheld from, or denied to any person or class of persons on
26 account of disability, race, creed, color, sex, SEXUAL ORIENTATION,
Page 20
1 marital status, national origin, or ancestry or that the patronage, custom,
2 presence, frequenting, dwelling, staying, or lodging at such place by any
3 person or class of persons belonging to or purporting to be of any
4 particular disability, race, creed, color, sex, SEXUAL ORIENTATION, marital
5 status, national origin, or ancestry is unwelcome or objectionable or not
6 acceptable, desired, or solicited.
7 SECTION 25. 24-50-111, Colorado Revised Statutes, is amended
8 to read:
9 24-50-111. Original appointments - promotions - competitive
10 examinations. Original appointments and promotions to vacancies shall
11 be based on merit as determined by competitive examination.
12 Examinations shall be in such form as will fairly evaluate the abilities and
13 aptitudes of candidates but may not include any inquiry into or in any
14 way be influenced by the political or religious affiliations or beliefs or
15 race OR SEXUAL ORIENTATION of any candidate. No examination shall
16 involve any discrimination on account of sex except as a bona fide job
17 requirement.
18 SECTION 26. 25-3-401 (2), Colorado Revised Statutes, is
19 amended to read:
20 25-3-401. Department of public health and environment to
21 administer plan. (2) The state plan established under subsection (1) of
22 this section shall provide for adequate hospital facilities for the people
23 residing in the state, without discrimination on account of race, creed,
24 SEXUAL ORIENTATION, or color, and shall provide for adequate hospital
25 facilities for persons unable to pay therefor. The department of public
26 health and environment shall provide minimum standards for the
Page 21
1 maintenance and operation of hospitals which THAT receive federal aid
2 under this part 4, and compliance with such standards shall be required
3 in the case of hospitals which THAT have received federal aid under the
4 provisions of said federal acts, or any amendments thereto.
5 SECTION 27. 25-6-102 (1), Colorado Revised Statutes, is
6 amended to read:
7 25-6-102. Policy, authority, and prohibitions against
8 restrictions. (1) All medically acceptable contraceptive procedures,
9 supplies, and information shall be readily and practicably available to
10 each person desirous of the same regardless of sex, SEXUAL ORIENTATION,
11 race, age, income, number of children, marital status, citizenship, or
12 motive.
13 SECTION 28. 26-1-120, Colorado Revised Statutes, is amended
14 BY THE ADDITION OF A NEW SUBSECTION to read:
15 26-1-120. Merit system - repeal. (8.5) THE MERIT SYSTEM
16 PROVIDED BY THE COUNTIES SHALL ASSURE FAIR TREATMENT OF
17 APPLICANTS AND EMPLOYEES IN ALL ASPECTS OF PERSONNEL
18 ADMINISTRATION WITHOUT REGARD TO SEXUAL ORIENTATION.
19 SECTION 29. 26-17-109 (1), Colorado Revised Statutes, is
20 amended to read:
21 26-17-109. Participation by managed health care systems.
22 (1) Managed health care systems participating in the plan shall do so by
23 contract with the health sciences center and shall provide, directly or by
24 contract with other health care providers, covered services to each eligible
25 person. No new contracts for the children's health plan shall be executed
26 with providers and no new enrollees shall be accepted into the children's
Page 22
1 health plan on or after April 21, 1998. A participating managed health
2 care system may offer, without additional cost to the patient or state,
3 health care benefits or services not included in the schedule of covered
4 services under the plan. A participating managed health care system shall
5 not give preference in enrollment to eligible persons who accept such
6 additional health care benefits or services. Managed health care systems
7 participating in the plan shall not discriminate against any potential or
8 current eligible person based upon health status, sex, SEXUAL
9 ORIENTATION, race, ethnicity, or religion. The administrator may receive
10 and act upon complaints from enrollees regarding failure to provide
11 covered services or efforts to obtain payment, other than authorized
12 copayments, for covered services directly from eligible persons, but
13 nothing in this article empowers the administrator to impose any
14 sanctions under any professional or facility licensing statute.
15 SECTION 30. 26-19-110 (2), Colorado Revised Statutes, is
16 amended to read:
17 26-19-110. Participation by managed care plans. (2) Managed
18 care plans participating in the plan shall not discriminate against any
19 potential or current enrollee based upon health status, sex, SEXUAL
20 ORIENTATION, race, ethnicity, or religion.
21 SECTION 31. 29-4-717 (2) (a), Colorado Revised Statutes, is
22 amended to read:
23 29-4-717. Findings - percentage of low-income families
24 required. (2) Prior to the authority's making or committing to make any
25 housing facility loan, the board shall find:
26 (a) That, with respect to such housing facility, no restrictions are
Page 23
1 imposed as to sex, SEXUAL ORIENTATION, race, creed, or national origin
2 of occupants;
3 SECTION 32. 39-3-112 (3) (b) (IV), Colorado Revised Statutes,
4 is amended to read:
5 39-3-112. Definitions - residential property - orphanage -
6 low-income elderly or disabled - homeless or abused - charitable
7 purposes - exemption - limitations. (3) In order for property to be
8 exempt from the levy and collection of property tax pursuant to the
9 provisions of subsection (2) of this section, the administrator shall be
10 required to find, pursuant to the provisions of section 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 residential structure
14 have no occupancy requirement that discriminates upon the basis of race,
15 creed, SEXUAL ORIENTATION, or color; however, if the owner or
16 sponsoring organization is a religious denomination, said owners or
17 operators may give preference to members of that denomination; and
18 SECTION 33. 39-22-104 (3) (e) (I), Colorado Revised Statutes,
19 is amended to read:
20 39-22-104. Income tax imposed on individuals, estates, and
21 trusts - single rate. (3) There shall be added to federal taxable income:
22 (e) (I) Any expenses incurred by a taxpayer with respect to
23 expenditures made at, or payments made to, a club licensed pursuant to
24 section 12-47-416, C.R.S., which THAT has a policy to restrict
25 membership on the basis of sex, SEXUAL ORIENTATION, race, religion,
26 color, ancestry, or national origin. Any such club shall provide on each
Page 24
1 receipt furnished to a taxpayer a printed statement as follows:
2 The expenditures covered by this receipt are
3 nondeductible for state income tax purposes.
4 SECTION 34. 39-22-304 (2) (e) (I), Colorado Revised Statutes,
5 is amended to read:
6 39-22-304. Net income of corporation - repeal. (2) There shall
7 be added to federal taxable income:
8 (e) (I) Any expenses incurred by a taxpayer with respect to
9 expenditures made at, or payments made to, a club licensed pursuant to
10 section 12-47-416, C.R.S., which THAT has a policy to restrict
11 membership on the basis of sex, SEXUAL ORIENTATION, race, religion,
12 color, ancestry, or national origin. Any such club shall provide on each
13 receipt furnished to a taxpayer a printed statement as follows:
14 The expenditures covered by this receipt are
15 nondeductible for state income tax purposes.
16 SECTION 35. Safety clause. The general assembly hereby
17 finds, determines, and declares that this act is necessary for the immediate
18 preservation of the public peace, health, and safety.