28 | 25 | | SENATE |
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29 | 26 | | Final Reading |
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30 | 27 | | January 18, 2024 |
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31 | 28 | | SENATE SPONSORSHIP |
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32 | 29 | | Gonzales and Winter F., Bridges, Buckner, Coleman, Cutter, Danielson, Fenberg, Fields, |
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33 | 30 | | Ginal, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, |
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34 | 31 | | Roberts, Rodriguez, Sullivan, Zenzinger, Exum |
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35 | 32 | | HOUSE SPONSORSHIP |
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36 | 33 | | Froelich and Garcia, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy |
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37 | 34 | | Kennedy, Daugherty, Duran, English, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, |
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38 | 35 | | Lieder, Lindsay, Lindstedt, Lukens, Mabrey, Martinez, Mauro, McCluskie, McCormick, |
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39 | 36 | | McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story, Titone, Valdez, Velasco, |
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41 | 38 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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42 | 39 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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43 | 40 | | Dashes through the words or numbers indicate deletions from existing law. WHEREAS, Justices Breyer, Sotomayor, and Kagan issued a1 |
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44 | 41 | | dissenting opinion in Dobbs, stating, "Whatever the exact scope of the2 |
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45 | 42 | | coming laws, one result of today's decision is certain: the curtailment of3 |
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46 | 43 | | women's rights, and of their status as free and equal citizens"; and4 |
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47 | 44 | | WHEREAS, The surest protection against that curtailment of5 |
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48 | 45 | | rights is now offered only by state legislatures and within state6 |
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49 | 46 | | constitutions; and7 |
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50 | 47 | | WHEREAS, Upon the Dobbs decision and again on the following8 |
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51 | 48 | | anniversary of the 1973 Roe ruling, tens of thousands of Coloradans9 |
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52 | 49 | | across the political spectrum took to the streets throughout the state to10 |
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53 | 50 | | express their disappointment and rage; and11 |
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54 | 51 | | WHEREAS, Overturning Roe has resulted in significant physical12 |
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55 | 52 | | and mental trauma to, as well as significant financial burden on, people13 |
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56 | 53 | | no longer able to access abortion care where they live and who must seek14 |
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57 | 54 | | care elsewhere; and15 |
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58 | 55 | | WHEREAS, Marginalized groups have been systemically denied16 |
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59 | 56 | | equal access to abortion even before Roe was overturned, especially17 |
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60 | 57 | | Black, Latine, and Indigenous people of color; people with lower18 |
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61 | 58 | | incomes; and people in remote, rural, or underserved areas; and19 |
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62 | 59 | | WHEREAS, On April 4, 2022, to secure the statutory right to20 |
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63 | 60 | | abortion free from government interference in the face of the pending21 |
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64 | 61 | | Dobbs decision, Governor Polis signed into law House Bill 22-127922 |
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65 | 62 | | passed by the Colorado General Assembly, titled the "Reproductive23 |
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66 | 63 | | Health Equity Act" or "RHEA"; and24 |
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67 | 64 | | WHEREAS, On April 14, 2023, Governor Polis signed into law25 |
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68 | 65 | | the package of three bills passed by the Colorado General Assembly titled26 |
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69 | 66 | | the "Safe Access to Protected Health Care Package" or "SAPHC27 |
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70 | 67 | | Package", which included Senate Bills 23-188, 23-189, and 23-190; and28 |
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71 | 68 | | WHEREAS, Senate Bill 23-188 codified protections for29 |
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72 | 69 | | Colorado's patients, providers, and helpers of abortion and30 |
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73 | 70 | | gender-affirming care against out-of-state prosecutions, civil lawsuits,31 |
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74 | 71 | | investigations, and extradition claims; and32 |
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75 | 72 | | WHEREAS, Senate Bill 23-189 mandated that abortion be a33 |
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76 | 73 | | covered service without deductibles, copays, or coinsurance under private34 |
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77 | 74 | | 003 |
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78 | 75 | | -2- health insurance plans, which protects Coloradans on private plans but1 |
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79 | 76 | | not the hundreds of thousands of Coloradans on publicly funded2 |
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80 | 77 | | insurance plans; and3 |
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81 | 78 | | WHEREAS, Senate Bill 23-190 categorized the deliberate false4 |
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82 | 79 | | advertising of abortion services as a deceptive trade practice; and5 |
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83 | 80 | | WHEREAS, The right to abortion is still not currently an explicit6 |
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84 | 81 | | constitutional right in Colorado and has therefore been challenged 497 |
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85 | 82 | | times since 2010 in the state legislature; and8 |
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86 | 83 | | WHEREAS, Colorado voters defeated fetal personhood9 |
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87 | 84 | | amendments, which are total abortion bans, by 30% (Amendment 67) in10 |
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88 | 85 | | 2014, by 41% (Amendment 62) in 2010, and by 46% (Amendment 48) in11 |
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89 | 86 | | 2008; and12 |
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90 | 87 | | WHEREAS, In 2020, Colorado voters defeated Proposition 115,13 |
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91 | 88 | | a 22-week abortion ban, by 18%, with more votes cast opposing it than14 |
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92 | 89 | | President Biden received on the same ballot; and15 |
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93 | 90 | | WHEREAS, Amendment 3 of the Colorado Constitution, adopted16 |
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94 | 91 | | in 1984 by a margin of fewer than 10,000 votes, forbids the use of public17 |
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95 | 92 | | funds by state and local government to cover abortion; and18 |
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96 | 93 | | WHEREAS, While Amendment 3 passed by less than 1% of the19 |
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97 | 94 | | vote in 1984, in 2022, exit polling during Colorado's midterm elections20 |
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98 | 95 | | found 63% of voter respondents agreed that Colorado's constitution21 |
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99 | 96 | | should be amended to protect abortion; and22 |
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100 | 97 | | WHEREAS, Polling has consistently shown that a significant23 |
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101 | 98 | | majority of Colorado voters support an amendment making abortion a24 |
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102 | 99 | | constitutional right and repealing the prohibition on health insurance25 |
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103 | 100 | | coverage for abortion; and26 |
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104 | 101 | | WHEREAS, For the past four decades, as a direct result of27 |
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105 | 102 | | Amendment 3, Colorado state and local government employees and28 |
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106 | 103 | | Coloradans enrolled in state insurance programs have been denied29 |
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107 | 104 | | insurance coverage for abortion for themselves and their families,30 |
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108 | 105 | | resulting in discriminatory and harmful effects on those impacted; and31 |
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109 | 106 | | WHEREAS, Colorado was the first state in the nation to legalize32 |
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110 | 107 | | abortion and Colorado has since led the nation, at the ballot box and in33 |
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111 | 108 | | 003 |
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112 | 109 | | -3- the legislature, and should continue to lead the nation in protecting1 |
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113 | 110 | | abortion access without restriction; and2 |
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114 | 111 | | WHEREAS, In 2024, Coloradans will be asked to vote on the3 |
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115 | 112 | | general election ballot on a constitutional amendment protecting abortion,4 |
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116 | 113 | | thus repealing the earlier, discriminatory Amendment 3 of the Colorado5 |
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117 | 114 | | Constitution from 1984; now, therefore,6 |
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118 | 115 | | Be It Resolved by the Senate of the Seventy-fourth General7 |
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119 | 116 | | Assembly of the State of Colorado, the House of Representatives8 |
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120 | 117 | | concurring herein:9 |
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121 | 118 | | That we, the members of the Colorado General Assembly:10 |
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122 | 119 | | (1) Recommend voters amend the Colorado Constitution to11 |
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123 | 120 | | enshrine in it the right to abortion and prohibit Colorado state and local12 |
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124 | 121 | | governments from denying or discriminating against the exercise of that13 |
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125 | 122 | | right; and14 |
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126 | 123 | | (2) Hereby designate January 22 of each year as "Roe v. Wade15 |
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127 | 124 | | Anniversary Day".16 |
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128 | 125 | | 003 |
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129 | 126 | | -4- |
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